Tracts on Liberty by the Levellers and their Critics Vol. 3 (1646) (2nd ed)

Tracts on Liberty by the Levellers and their Critics, Volume 3 (1646)
(2nd revised and enlarged Edition)

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Introductory Matter

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Key (revised 21 April 2016)

T.78 [1646.10.12] (3.18) Richard Overton, An Arrow against all Tyrants and Tyranny (12 October 1646).

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Editorial Matter

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Tracts from 1646 (Volume 3)

T.53 (10.5) John Lilburne, Innocency and Truth justified (6 January, 1646).

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Bibliographical Information

ID Number

T.53 [1646.01.06] (10.5) John Lilburne, Innocency and Truth justified (6 January, 1646).

Full title

John Lilburne, Innocency and Truth justified. First against the unjust aspersions of W. Prinn, affirmed in the 17th. page of his pamphlet, called A fresh discovery of Prodigious New wandring blazing Stars and Fire Brands, in eight lines of which there is above a dozen of untruths cleerly laid open. Next, by a just moderate reply, to his other pamphlet, called The Lyar confounded, in which the case of Leiu. Coll. Lilburns imprisonment is truly stated, Legally discussed, and vindicated, from the miserable misstatedness thereof by William Prinn. As also by a Cleere Manifestation of the strong and malitious indeavour of W. Prinn, unjustly to take away L.C. Lilburns life, by groundlesse accusing him of High Treason, in designing and plotting to suppresse and cut of this present Parliament by Force of Armes; But Lieu. Coll. Lilburn challengeth William Prinn and all his associates in England to justice and legally prove the same, if he can. Unto whichis annexed a Coppy of a letter written by L.C.L. to one of his special friends when he was in his cruell close imprisonment, in the Common Goale of the Fleet wherein is a large discovery of those soule ravishing Comforts, Ioyes, and Supportations, which he then constantly injoyed, from the Fountains of all Comforts, Published now for the incouragement of the Saints, cheerlfully to suffer afflictions and sorrowes for the sake and cause of their Lord and Master.

Heb. 10. 16, 17, 29. For if we sin willfully after that we have received the knowledge of the truth, there remaineth no more sacrifice for sins. But a certaine fearefull looking for of judgement, and fiery indignation, which shall devoure the adversaries. Of how much sorer punishments suppose ye shall be thought worthy, who hath troden under foot the foes of God, and hath counted the blood of the Covenant, where with he was sanctified an unholy thing, and hath done despite unto the spirit of grace.

Math. 10. 22. And ye shall be hated by all men for my sake; but he that endures to the end shall bee saved.

Mic. 5. 20. Blessed are they who are persecuted for righteousnesse sake; for theirs in the Kingdom of heaven.

I Pet. 4. 22 Beloved, thinke it not strange concerning the fiery tryall, which is to try you, as though some strange thing happened unto you.

Printed in the Yeare, 1645.

The pamphlet contains the following parts:

  1. Replies to criticism by William Prinn
  2. Correspondence with Committee of the House
  3. The Humble Petition of divers well affected persons (26 Aug. 1645)
  4. Letter by Lilburn to his friend Cornelius Holland (27 Sept. 1645)
  5. Letter to his Friends
  6. The Humble Petition to the Honourable the House of Commons (20 Nov., 1645)
Estimated date of publication

6 January, 1646.

Thomason Tracts Catalog information

TT1, p. 413; E. 314. (21.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Innocency and Truth justified, &c.

To all the Lambs, Redremed ours strading on the Mount Sion, having their Fathers name written on their foreheads, ready to be his will and mind, and to follow him whersoever he goes, not loving their lives unto the death, Grace, Mercy, Truth and Perseverance from God the father his multiplyed.

DEare and well beloved brethren, it was the lot and portion of our only Lord and Master Jesus Christ, to be persecuted, reviled, reproached, and counted a Troubler of the World, and one not fit to breath therein: And this even by his owne Countrey men and friends, and if we his servants meet with the same measure, he hath commanded us not to be dismayed or troubled: and the reason is, because the servant is not above the master: And withall, that we might goe on cheerfully in bearing the yoake of our master, he hath ingaged himself to beare part of it with us, and takes all that is done to us for adhearing to him, as done unto himselfe, Acts 9. 4.

And therefore, saith the spirit of God, in all their afflictions, he was afflicted, & the Angel of his presence saved them, Esay 63. 9: Paul, Peter and Iohn, found these sayings of their master true, and had their Portion in afflictions in an extraordinary manner, but yet tasted largely of the faithfulnesse of their masters promise, which was to be with them, in them; which made Paul glory in his tribulations, and to say, that as his afflictions did abound, so much more his consolations; and Pauls portion in these expressions and injoyments, I my selfe have been made partaker of, in my great and pressing tribulations, which I under went in the Bishops dayes, as in this my insuing epistle written in the yeare 1638. to a speciall friend of mine, you may largely understand, and having had a large portion of sorrowes all along both before and since, throughout my Pilgrimage in this present Valle of teares.

And having had my spirit mightily refreshed and carried above the world, and the lash of my bitter adversaries, by calling to mind my by past experience and refreshings, that I have injoyed from that Fountaine of fulnesse, that hath for many yeares together been my sensible injoyed portion: and amongst all the Writings and Declarations of Gods Love and Kindnesse manifested to me in my sorrowes, this following Epistle hath most affected and taken nonspirit with greatest &illegible; which hath made me many times full of longing desires to have it published, for the incouraging of the Saints to incounter with difficulties in the cause and quarrell of their Lord and Master, and not to be afraid of bonds nor imprisonments.

And having lately been extraordinarily pursued with my quondam friend William Prinn, as if nothing but my life and blood would satisfie his turne, I shall not now particularly recite, what hath passed already betwixt us, but refer you to what I have already written, especially my printed reasons, delivered in against him to the Committee of &illegible; in May &illegible; I confesse I take small &illegible; with &illegible; with such a man as William Prinn is, who takes so much elbow roome to tell untruths, without consideration what he saith, as if he had been bread thereunto, and as if there were no God in Heaven to judge righteously or no man left upon earth that had so much honestie in him, as to take notice what he saith, were it not that I were extraordinarily forced by the violence of him, and his partakers, miny of which have but little knowledge, & as little Judgement to judge of things between us; but only because William Prinn saith it, I shall therefore in the first place begin with his booke called, A fresh discovery of prodigient new, wandring blazing Stars, and Fire-brands: And to let passe those bundel of Falshoods contained in the severall Pages of that booke, the bare naming and &illegible; of which, are able to fill a &illegible; &illegible; I shall at present only insist upon a few lines in the 17. Page, and by what you find there, you may judge of all the rest. His words are as followeth.

And not contented herewith, they lately conspired together to exhibit a Petition to the Parliament for present disolving the Assemblle and sending them hence to Countrey Cures (to prevent the setling of any Church Government, to which and they met at the &illegible; &illegible; where &illegible; Coll. Iohn Lilburun (&illegible; Instrument for such a seditions design) &illegible; in the &illegible; and Mr. Hugh Peters suggested the advice which was accordingly inserted in is the Petition, but the Common Counsell man swelling out the designe, when the Petition &illegible; to there hands &illegible; discreetly left out that request as sedition and unjust.

For answer unto which, I desire to &illegible; you that immediately after the losse of &illegible; there were divert persons of severall quallities, Citizens of London, and divert of them of very &illegible; &illegible; met at the &illegible; &illegible; in the Old Jury to confer together, and to consider of something for the good of the City and Kingdome, after so great a &illegible; &illegible; was generally judged to her and after a long debait of many things, the whole company then present, being about 2. or 300. chaseout about 16. persons then present by way of a Committee, to draw up a Petition against the next morning, to be presented to their &illegible; and consideration: and amongst the rest my selfe was fine, but I doe professe for above the third &illegible; of those that were called the committee, I had never converted with them before in thy life, nor &illegible; know their faces, and therefore no wise &illegible; &illegible; judge us such fooles being strangers each to other, as to enter into any conspiracie.

Secondly, That I face in the Chaire, which is most false also, for it was one Mr. Lee a meere stranger to me, and one who to my knowledge I never changed one word with before, in all my life.

Thirdly, he saith &illegible; &illegible; was, for present dissolving the Assembly and sending them home to Countrey cures, which it most untrue; for all that was debaited was, but the proroging of them for a Month or six Weekes, that so they might goe downe into the Association, and use their interest amongst the People for their universall rising to prevent the Kings breaking in amongst them; which was then generally, much feared, and was then looked upon as a designe the which if the King could accomplish) tending to the speedy mine of the Parliament, and the cause they have all this while been a managings and I hope no true lover of the Parliament, will be offended at our good intentions and desires at that time, of so publique distractions for theirs and the Kingdomes preservation; which was the uttermost that to my knowledge was in any mans eye and intention there.

In the fourth place, he saith our conspiracy was to prevent the setling of Church Government, which is a fourth untruth, for that was not any part of our end or meeting, nor to my rememberance any of our debaite.

Fiftly, he saith that Mr. Hugh Peter, suggested the advice, which is a trible untruth for first, he was not there, and to any remembrance, I never saw him there in my life, and therefore, 2. He could not suggest the advice, neither 3. was there at all to my remembrance any such advice, as he speakes of amongst us; for the chiefe advice that was about this businesse, was not from Mr. Peters, but from Major Sallaway of London, one that is reputed a wise and moderate man, and one that will looke well before him, before he leaps, and his advice was given upon this question, being stated amongst us, seeing the King had taken Leicester, which we all looked upon as a great losse, not only to the Kingdome, but especially to the City of London in stopping provisions that used to come out of many Countreys; and seeing, Sir Thomas Fairfax with his Army was at Oxford, and the King in a faire way to take Cambridge, and other places in the Association, the preventing of which wee looked upon to be, of extraordinary consequence to both the Kingdome and City, and therefore &illegible; the question, what in our apprehensions was the best way, to prevent him, and it was agreed upon generally, that speedily to raise the whole Association, was the only present way to prevent him.

And then the second question was, which was the most effectuall way to raise them, and amongst other things, it was conceived by all, that if the Ministers in the Assembly would for a little time rejurne, and the most of them imploy their parts and interests amongst the people, it would be one speciall meanes to effect the thing desireds and Maier &illegible; did then tell us, he thought such a desire would be well pleasing to the Ministers themselves; for saith he, this evening I came from Westminster with a Minister of the Assemblie, (and a notable Presbiterian,) and we had discourse of this very thing, and he to me made it his desire, that if I did come to any meeting where there was any Intention of a publique Petition, that I would use my endeavours, to get the desire of having the Assemblie rejurned for a, little time, that so they might use their utmost endeavours as well as Commanders and Souldiers, to helpe to save the publique, and upon this advice and information, we were swayed to thinke of this.

His eighth or ninth untruth is, that he affirmes we did accordingly insert into our petition, our desire of dissolving the Assembly, which is most false; for it was only that for a short time it might be proroged, as by the Originall of the Petition, yet remaining will be made to appeare.

But in the tenth place saith he, the Common Counsell men smelling out the designe, when the Petition came to their hands, most discreetly left out that request as seditious and unjust; to which I answer, first, the Common Counsell men could smell out no designe about that, for there was no such thing in it as he speakes off and secondly, that which we had put in it about proroging the Assemblie, we our selvs upon debait the next morning blotted out, before ever the Petition was &illegible; and then thirdly, neither what he saith nor what we had once put into the Petition came in it to their hands and therefore fourthly, to give him 13. or 14. untruths to the dozzen in less then 3. &illegible; being he is so constant a trader in them & ingroser of them, they neither did nor could most discreetly leave out that request as seditious and unjust, that never came to their hands, is the Petition in print presented to them will declare and prove.

But if William Prinn say, I have spoken or written in these particular that which is false and so abuse him, I challenge him at the same, or any other place in London, to give me a publique meeting, and let him bring as many of his friends along with him as he pleaseth, and I will to his face by good and lawfull testimony, not only by Independants, but by honest Presbyterians, and good and &illegible; Common wealths men, disprove every particular before mentioned, that he affirmes (not by heare say but positively, as if he had seene and known them all out of his owne knowledge) to be reall truths, and also will make it appeare to his &illegible; in above 40. more Particulars in that booke and a letter, that he is a &illegible; and wilfull falsifyer of the truth, and such an Incendiary against just, honest, and peaceable Common Wealths men, that neither the whole Society of Lawyers, nor the whole Kingdome hath his fellow; and which, if his troublesome spirit continue still in his &illegible; provocations, I shall publiquely in print doe and call it, (in opposition to his late booke called the Lyer confounded) the lying Lawyer confounded.

Surely such uniust, unchristian, and inhumane practises as these are, &illegible; &illegible; stand admiting, that William Prinn who formerly professed to have a conscience, and not only to walks by principles of morallytie, which by nature are engrared in the hearts of the very Heathen, I meane especially to doe as they would be done unto, but likewise by divine principles (which in some measure were demonstrated by his sufferings) that he should be so far degenerated, as to walke and act below the principles of a common Christian, than in my apprehension he commeth short of a civill moralized Heathen, his late bookes being so fraughted with bloody and malitious &illegible; and untruths, as though his greatest designe were to destroy all the generation of the &illegible; that doe but differ from him. I wish he would consider what the Apostle saith Heb. 6. 4. 5. 6. For it is impossible for those that were once enlightned, & have tasted of the heavenly gift, and &illegible; &illegible; partakers of the Holy Ghost, and have tasted of the goodnesse of God and the powers of the world to come, if they shall &illegible; away, to renew them againe unto repentance, seeing they crucifie to themselves the Sonne of God &illegible; and &illegible; him to an open &illegible;

In the second place, I come to examine a few things in his late refutation against me, called the Lyer &illegible; though? confesse for &illegible; owne peace and quietnesse sake, I had intended to have given it no other answer, then what is done in the house of Commons order, that set me at libertie, had not divers of his Abetters so extraordinaryly provoked me by their lies and false reports, as though I had come out of prison by some base wayes or meanes, “and that only upon baile. But that upon I know not what grounds and reasons of Clemency, and Mercy from some persons of great quallitie, in whose power it was and is shall to destroy me: for the head of the plot he mentions in his 27. page. I shall therefore for the present vindication of my reputation, without the desire of picking any new quarrells with any man, mentioned in that his worthlesse and incendiary booke, or without the staining of the reputation of any member of the house of Commons, much lesse of the house it selfe, with whom I hope to injoy a better understanding and a fairer respect, then of late I have done by William Prinns malitious meanes.

I shall begine with what he saith in his second page, That I was a poore obscure Apprentice in London, as though to be Apprentice in London were such a disgracefull thing, as though he that is, or hath been so, must not stand in competition with worthlesse William Prinn: but I was a poore obscure one, and all the reputation I ever gained in the world, was from him, whose servant I was generally reputed to be, and was contented to owne that title for my own emploiment: to which I answer, an Apprentice in London I was indeed, and served divers yeares a master that dealt in Cloth by whole saile, and divers other rich Commodities which was a better trade then ever William Prinn was brought up to in his life and my masters word or bond would be taken for more money upon the Royall Exchange of London, then I am confident William Prinn will ever be worth justly gotten by him, with whom I lived in good repute, & did him more true and faithfull service, then ever William Prinn did the Common Wealth for all his hoasting.

And for my own particular thought, I confesse comparisons are not pleasant, yet being so exceedingly urged unto it, I say, I am the offspring (even in the eyes of the world) of as good, (if not a better & honester) parentage, then W. P. and brought up while I was a youth, as like the sonne of a Gentleman as William Prinn, to bee whose servant in that way he meanes I never was, not never to any man breathing owned, not never counted it an honour to have been so reputed: but alwayes, and to every man living (to my remembrance) that so tooke me I disclamed, yea and with indignation to many, and doe now before God and the World professe, I should have thought the worse of my selfe while I had breathed, if ever I had had any dependance in the least, upon so ungodly and worthlesse a man: though this I say, I accounted is my duty to doe William Prinn and Doctor &illegible; all the free officer of love and service that law in my power, during all the time that I conceived they stood either for God, Goodnesse, or Iustice: And my actions and carriages then towards them were suitable to this principle. Though this &illegible; confesse, God never gave me over to so reprobate a mind, to grow great and get ritches by so unjust deceitfull wayes and meanes, as William Prinn hath done; whose unjust practises (as he is a Lawyer) one of his owne party and an Essex Minister, proclaimed openly upon the Exchange the other day, who said he was a &illegible; and he would prove him so; for said he, he hath taken sees one both sides, and therefore deserves to be turned over the Barr, and never to plead any more, and whose &illegible; will be speedily caractarized in one at Colours by the honest Gentlemen of Gersey, whom he so much wrongeth and &illegible; in the latter end of his booke, and which is already pritie well aid open by Mr. White Minister of &illegible;

And for that of Doctor Bastwicks mentioned by him, in the foresaid second page It is a &illegible; falshood, and for the further answer to which, I refer him to thy answer to Doctor Bastwicks late untrue defence, which by way of Epistle I sent to the Mayor and Corporation of Rye, at my late being in Newgate in September last, where the Doctor with many lyes and vapours, laboured to be chosen &illegible; Burges, and thought his abusing of me there would have done &illegible; businesse for him, but by that Epistle (a Coppy of which William &illegible; I thinke may have for sending for) Helieve I did not a little serve him the back way, For I there (among other things) &illegible; him a bold affirmer of untruths, not in a few things, but in many; thirdly in his 11 page, which I am confident hath well nigh 10 in it, only two or three words in answer to that, which he affirmes in the foresaid page, that if it had not been for him and Bastwick, I had lyin buried in obscurity amongst the rubbish of the &illegible; vulgar, scarce known to any but my selfe; which is very strange, for befored ever saw Prinns fact, I was (as I suppose) a greater traveller, then ever he was in his life: for being borne as &illegible; my Father and mother being both &illegible; and her Father see the greatest part of twice 20. yeares before; that I &illegible; young downe to New Castle by sea, and from thence to my fathers owne hereditory habitation; where beside other education, the best which the Country afforded, I was brought up well neigh 10. yeares together, in the best Schooles in the North, namely, &illegible; Auckland, and New Castle, in both which places, I was not one of the &illegible; Schools Boyes there, and besides my knowledge in the Latins tongue, I was a little entered into the Greeke also. And at New Castle, I did not only know, but also was knowne of the principall men there: and after that came to London, and served divers yeares with a &illegible; that betrusted me, to receive many thousand Pounds, for him of the the greatest Merchants in London that deale for Turkey &illegible; the East countreyes and many times severall dayes in the Worke, &illegible; the Exchange to dispatch my masters businesse, that be betrusted me to doe for him, so that I thinke I was better and farther knowne, before I &illegible; of William &illegible; then himselfe.

I come now to his 4. page, where he cited the Order madvin the house of Commons, January 17. 1644. against me, which authorized the Committee of Examinations to &illegible; me before them, and to examine me about my writing a letter to him at that time, and in the 5. page be saith and affirmes, the Committee May 16. made a Warrant only to &illegible; our before them, though be very, well knowes, that I was attached and a prisoner, and did &illegible; of it to the Committer, (to my rememberance) before his face, that &illegible; very hard in my thoughts that I who had adventured my life, and alwayes declared faithfullnesse to the Parliament, should be clapt by the &illegible; before I was heard: at which one of the Committee then present spain and said, he could not thinke I was a Prisooner: for (saith be) to the Chatre man, it is &illegible; be should be a Prisoner, for our order from the House was only &illegible; him upon which Justice &illegible; acknowledged that it was &illegible; and therefore by Order of the Committee gave me my libertie; and both her and the Committee used me then with &illegible; and respect to William &illegible; great &illegible; you; &illegible; I doe any this for a truth, that after J had been once or twice commanded to withdraw, and being called in at the conclusion of that dayes works, Justice Whitakar spoke unto me to this effect, &illegible; Collonell Lilburn, I am commanded by the Committee here present, to &illegible; you thankes for your Valour, Faithfullnesse, and good service done for the Kingdome, and doe desire you to continue still the same good affection, and doe advise you as a friend, to be moderate and wise, that so you may not loose that good repute that betherto you have deserved from us, and also that you will take heed, that you put nothing in your answer which may doe you hurt, and besure you faile not to being it in according to your promise, and take heed in the interim, you publish nothing, you are a free man, and may goe home and behave your selfe like an hourst man as hetherto you have done, so we paned in my apprehension very good friends, for all William &illegible; mallice.

And that he affirmes a falshood in saying that I was but barely summoned, I desire you to read the Warrant by which I was attached, and then judge, a true copy of which, as I had it from Mr. Rich, so only the Messenger that apprehended me, under his owne hand, thus followeth.

14. May 1645.

At the Committee of the House of Commons for Examinations.

IT is this day ordered, that the Serjent at Armes attending the Hous of &illegible; or his deputy doe forthwith apprehend and bring into safe custodie, before this Committee at the inner Court of Wards at Westminster, the bodies of Lieutenant Collonell John Lilburn, Henry Robbinson and Jane Coe, to answer to such matters at shall be objected against them, and all Constables and other his Majesties Officers and Subjects, are here by required to be aiding and assisting in execution thereof if need require.

To John Hunt Esquire, Serjent at Armes, or his deputy.

Lawrance Whitaker.

Upon the Tuesday next after this, I remember I delivered my reasons in (wherefore I writ my letter to him) in a whole sheet of paper under my hand, at the receipt of which, the committee told me that they were not at leasure to read them, but if William Prinn never called for a further prosecution, I should never heare more from them about that businesse, and so discharged me.

And afterwards in June I caused it to be printed, he and Bastwick still persisting in their mallice against the people of God, in which besaith, there is many false relations, which tend to make the Parliament &illegible; I say there is not one false relation, but all of them I am able by good testimony to prove; and I desire every unprejudiced man that &illegible; it to be judge betwixt him and me, whether it be full of invictions against the Parliament or no.

In his 6, page, he is very much troubled at my answer to 9. Arguments made by &illegible; which I writ in the Fleet above 6. yeares agoe, in the hight of the Bishops tyrannie, yet because it was mine, though done against the Bishops and their Priests, so long agoe (although the Parliament hath condemned them as Antichristian) I must be troubled for it, by William Prinn so great is his mallice against me, although it was princed before he first troubled me, which was many months before the 18. of June, at which time he was the Instrument (as I conceive &illegible; he let full his former businesse, being so justly paid with my &illegible; that he &illegible; meddle no more with them) to get me the second time upon a new businesse attacht a prisoner againe, though he falsly &illegible; the contrary, the copy of the Warrant by which I was apprehended by the same Messenger here after followeth and had it under his owne hand.

12. of June 1644.

At the Committee of the house of Commons for Examinations.

IT is this day ordered, that the Serjant at Armes attending the house of Commons, or his deputy doe forthwith apprehend and bring in safe onstody before this Committee sitting in the inner Court of Wards, at Westminster, the body of Leiutenant Collonell Iohn Lilburne to answer to such matters as shall be objected against him, and all Constables and all other His Majesties Officers and Subjects, are hereby required to be aiding and assisting thereof if need require.

To Iohn &illegible; Esquire, Serjant at Armes or his deputy.

Lawrance Whitakar.

And when I came the next day before the Committee, I found not so faire play as before, for they would neither heare me nor tell me the cause, nor ground to that day, wherefore they imprisoned me.

In the same page, he speakes of a third time, that I was ordered to besent for in custody, but I have forgot when it was, being either a Sleep or &illegible; Trance, when I was so sent for, at which time be saith I lay in the Messengers house, which I never did in my life, but mistakes and untruths are so common with William Prinn, that he hath forgot making conscience of letting his tongue run at randome.

Then he comes to the 19. of Iuly and recites some words that I should speake against the Speaker, though from that day to this present house, I could never see or heare of any man breathing, that would face to face, lay any such thing to my charge, and truly if I should have spoken any such things by way of report, it was to me very strange that Mr. Prity, Mr. Rowson, and Mr. Warly, who on that day in the so it &illegible; gave information to a Committee of Parliament, of some such thing at be there speakes of, and who being informers, if any man ought to be laid hold of, about it, they did, and not J, that neither informed nor appeared in it, and hard measure it is to me, that they the principalls, should goe scot free, and I only brought upon the flage, by the pure and &illegible; &illegible; of my adversaries, and also clapt by the beeles not before but many houses after they had given in their information.

Besides, if I had said any such thing as he reports, I ought (being a free man) to have had a legall proceeding, and not before J was heard, to be clapt by the &illegible; no man that J can meet with, knowes wherefore.

Again, to me it appeares more agreeable to law, that if so high an accusation as (hee speakes off) be laid against any man whosoever, by a man knowne to bee a friend to the publique, that rather the accused, then the accuser should be imprisonned, though I conceive it is but just, that he that accuseth should put in securitie to prosecute his charge, and in case he faile to make it good, to beforth comming to answer the Law in point of reparation to the party accused; and for my part I professe, J am to learne (to conceive,) that any man in England: that professes himselfe to be a man, (and not a god) hath justly by any pretended prerogative or priveledge whatsoever in such a case, exemption from the Iash and rigor of the Law more them my selfe, or the meanest free man in England, and J doe seriously protest, my judgement is, that what single person soever he bee, whether King, Lord, or Member of the House of Commons that creads under foot the Law made by common consent, and Acts &illegible; if he were subiect to none, is an absolute Tyrant, and no Ordinance of God, and so not by any to be obeyed.

And you in the 11. page of your Appendex, called The soveraine &illegible; of Parliamente and Kingdomes. say, that command is in the Magistrates, Authoritie in the Senate, power in the people, yea, and Maiestie in the people in generall: And after ward speaking of Doctor Ferne and his unlimitted power that he invests Emperors and Monarchs with, which is, that it is unlawfull either for a Senate, or the people forcibly to resist, much lesse to depose, take up Armes against or call them to a strict, just account, for their tyrannie, oppression, or misgovernment; Which Tenents you say are directly contrary to Pauls doctrine. Rom. 13. 1. 10. 6. Let every soule be subiect to the highest powers, &c. Which highest powers you there say, are the Senate and people, to whom the Roman Emperors themselves were to be obedient in all iust requests and commands, under paine of damnation, and subiect to the Senates sword of iustice in case of disobedience and misgovernment, and therefore you againe there say, that Kings (even by Penis Doctrine Rom. 13.) &illegible; to be subiect to the higher power and jurisdiction of their Parliaments, the Lawes and Statutes of their Realmes, and to be accountable to them.

But if Kings the greater, must be subiect to the Law, and accountable to the people, then a single Parliament man the lesser needs must be the same, yea, and &illegible; I the whose House of Commons themselves, being according to the constitution of this Kingdome but a part, and not the whole Parliament, being but one of the 3. estates, must and ought to be subiect to the knowne law, and cannot in iustice punish a freeman contrary thereunto, what soever tyrannicall principalls accompany of corrupt men maintaine to the contrary, which is the only way to make the House of Commons odious and contemptable to the people, by puting them upon such things as may be a burthen and a mischiefe to them, and thereby secretly and in an undiscerned way doe the long desired worke of the Royalists at Oxford, by driving the people into such a miserable condition, that they shall rather long for their old bondage and staverit, which was upon them under the King before this Parliament, then any longer waite with patience for their iust and long expected libertie and freedome, promised by and expected from the Parliament.

And for my part I confesse, I am yet in the darke, and at a seruple, whether the House of Commons maintaining 3 estates, that is to say, the House of Commont for the grand in quest of the Kingdome, the House of Peers for the Judges, and the King for the Executioner, can iustlie and legally imprison any Commoner of England by their owne bare authority, without the warrant of the Lords (accounted by themselves) to be the Iudges, and I doe on the contrary side according to the foregoing principall, doe question whether the Lords singly can send for a Commoner of England, and without the &illegible; of the House of Commons at their pleasures, commit him to prison? or whether or no, it be not the just and legall priveledge of the free men of England, that if any estate of Parliament take &illegible; of a crime committed by them, that they ought to be summoned by the House of Commons and so transmitted up to the Lords, and from them be committed if they see cause.

But you will say, they act now by two Estates, that is to say, the Grand inquest, and Iudges; and both of them joyned together, do execute? I answer, to me the case is all one yet, so long as the House of Peers by the House of Commons we owned and reputed for the Judges, and nothing declared to the Commons of England for them groundedly to take notice of the contrary.

Now the laying all the premises together, and William Prins owne confession as a Lawyer, in the 21. page of his booke, that if the Parliament or Committe have committed me to New gate without the cause of My commitment, expressed in the Warrant, I might have had some eculler of complaint of injustice, and breach of MAGNA CHARTA, and the Petition of Right.

To which I answer I desire to be resolved from any conscionable and understanding Lawyer in England, whether in the House of Commons, or out of the House of Commons, whether I have not iust cause to complaine of iniustice, and breach of MAGNA CHARTA, and the Petition of Right, to be imprisoned by Iustice Whitaker, by his owne &illegible; authority contrary to an expresse order of the House, and that before ever I was heard or knew what was laid unto my charge, &illegible; by his &illegible; warrant dated the 14. May 1645 doth appears.

My second quarie is this, whether or no I being a free man of England, and &illegible; tainted with Malignancie against the just freedome of the Nation, I have not iust cause to complain of iniustice, and breach of Magna Charta, and the Petition of Right; for Iustice Whitaker the second time, to imprison me without any legall &illegible; and that before ever I was heard or knew my Accuser or &illegible; &illegible; by his forecited warrant of the 18. of June 1645. doth appeare, yea, and from that day to that present houre, could never come to any hearing whatsoever, nor ever know what &illegible; laid to my charge, nor who was my accuser.

3ly. Whether or no, I have not grounded cause to complaine of iniustice, breach of MAGNA CHARTA, and the Petition of Right, against all those of the house of Commons that principally acted and voted me to prison without expressing any cause of my imprisonment in the Vote or Warrant, by vertue of which I was committed, which Vote or Warrant thus followeth as William Prins in his 6. and 7. pages hath it.

Die Sabbatl. 19, Julii. 1645.

REsolved upon the question, by the Commons assembled in Parliament, that Lieutenant Collonell Lilburn, be forth with taken into custody, by the Serjent at Armes attending this House, and so kept tell the House take further order.

To the Serjent at Armes, attending. on this house, or to his Deputy, &c.

Hen, Elsing Cler. Parl. D. Cott.

And after they had committed me to the Seriants custody, and he to one of his Deputies, and there kept me in durance as a Prisoner, and at the same time refused to accept of Baile for me, though it were desired by one of my friends by way of &illegible; in the House of Commons, and have never legally from that day to this present houre, &illegible; me know the cause of my commitment or my accuser.

Fourthly, Whether or no J have not true cause to complaine of iniustice, breach of MAGNA CHARTA, and the Petition of Right against Mr. Corbet, and the rest of the Committee of Examinations, who commanded me before them upon the &illegible; of Iuly 1645. and refused to declare unto me the cause wherefore they had imprisonned me, and pressed me to answer to interrogatories concerning my selfe, and for refusing, commanded me backe to prison, although they very well knew, that I was sentenced in the Star-Chamber, upon the very same grounds, and also knew that the House of Commons May 4. 1641. had voted, &illegible; that sentence, and all the proceedings against me in Star-Chamber, was not only illegall, and against the Libertie of the Subiect, but also Bloody, Wicked, Cruill, Barberous, and Tyrannicall, the proceedings that were at that time, for the cleerer satisfaction of the world I shall (as neere as I can) here set downe.

Mr. Corbet being in the Chaire, said unto me, Leiutenant Collonell Lilburn I am commanded by the House to demand this question of you? whether did not you upon the 19. of this present Iuly, (being Saterday) at Westminster say, that there were high and great things discovered concerning divers Members of the House of Commons, which reached as high as to the Speaker, who from his owne hands, had sent Three &illegible; Thousand pound to the King to Oxford? unto which I &illegible; Sir J am a Prisonner committed by the House of Commons, but I know not wherefore. I shall therefore, humbly desire to know the cause of my commitment, and then I shall answer you, unto which he said very angerly. Sir The house is not &illegible; to declare unto you, the cause wherefore they commit you unto which I said, then &illegible; have been a long time mistaken. Sir, saith Mr. Corbet, We expect &illegible; you a possitive answer to the questiõ & cõmand you to give it. Wel Sir, then to it I answer thus. I am a free man, yea, a free borne &illegible; of England, and I have been in the &illegible; with my Sword in my hand, to adventure my life and my blood (against Tyrants) for the preservation of my just freedome, and I doe not know that ever J did an Act in all my life, that disfranchised me of my fredome, and by vertue of my being a free man (I conceive) I have as true a wright to all the priveledges that do belong to a free man as the greatest man in England whatsoever he be, whether Lord or &illegible; and the ground and foundation of my freedome I build upon the grand Charter of England, which is published and expressed in the 9. of &illegible; 3. chap. 29. which I humblie crave leave to read to this honorable Committee, and having obtained leave I read as followeth.

No free man shall be taken or imprisonned, or be diseased of his free hold, or liberties, or free customs, or be out lawed, or excited, or any wise distroyed, nor we will not passe upon him, nor condemne him, but by lawfull Iudgement of his Peers, or by the law of the Land, we will sell to no man, we will not deny, or &illegible; to any man either Iustice or Right.

Sir the priveledges contained herein, are my Birthright and inheritance, which priveledges have been ratified and confirmed to the free people of England by that present Parliament, and many Declarations put out against the King for violating of them.

Yet notwithstanding, since the first of May last, I have by authority from the House of Commons, beene three times imprisonned, before ever I knew my accuser, or mine accusation, or ever suffered to speake one word in mine owne defence, which I humbly conceive, it contrary to MAGNA CHARTA, and these priveledges that I ought to enjoy, by vertue of my having an interest therein, and now J am imprisonned by Vote of the whole House. J know not wherefore, therefore till it be made knowne unto me wherefore I am imprisonned, I shall not answer to any of your interrogatories at all, unto which Master Corbet, as also Mr. Whitaker replyed.

Mr. Lilburn be advised in your expressions, and take heed what &illegible; in this &illegible; Gentlemen, I humblie thanke you for your causion given, me but for your advice I desire you to keepe it to your selves, for (I conceive I know well enough what I say, and truly that rough and hard dealing that I find from the Parliament, and their Officers, &illegible; me to expresse my selfe as I doe, for I &illegible; give me leave to tell you, that I was never so affronted and abused in my life amongst my friends as I was by your Serjant at Armes, when he apprehended me, who &illegible; the going into the Hall, tooke me by my sword bolt, and dragged and &illegible; and shooke me, giving me such language, as if I had been the &illegible; &illegible; &illegible; &illegible; in the world, and when I was out of the Hall, when I &illegible; (understanding the nature of a Prisooner) of &illegible; my selfe, and &illegible; giving my sword I am the hands of my friend, to carry home to my wife, as my owne proper &illegible; he would needs by force and violence rob me of it, saying it was his and he would have it, so that I was forced to scuffle to preserve my selfe from being robbed of my owne proper goods, and all &illegible; he did unto me, having no Warrant at all about him, &illegible; meddle with me, nor I not offring the least affront in the world to him.

Time was that he used your enemies (to my knowledge) ten times &illegible; for where Captaine Hide drew his sword in Westminster Hall of purpose to make &illegible; &illegible; there, whom I &illegible; it brought both him & his sword up to the House of Commons door, & by command of divers Members, dilivered them both in the Serjant, yet immediately after during the time of a conference, he &illegible; both him and (for ought I then knew) his sword also got to his comings in Westminster Hall, who being no sooner there amongst them, &illegible; &illegible; &illegible; &illegible; of them to draw, and tell to slashing and cutting, having driven the asked people up the very Parliament staires, with a resolution (for any thing I could perceive) to cut all your throats in the House, for the preventing of which, Sir Richard Wiseman, my selfe and divers other Citizens with our swords in our hands freely adventured our lives.

Here upon Mr. Lile stept up, very soberly, and expressed himselfe to this effect. Mr Corbet I desire to know whether or no Mr. Lilburn intends by way of Petition to declare these expressions of his to the House? or whether he intends hereby some other way, as to cast an aspertion of injustice upon the whole House of Commons, and to shew his refractorinesse to answer to their interrogatories?

Where unto I replyed Sir, for petitioning the House, I have no intention to doe it about this businesse, having petitioned long enough to no purpose already in another case, and as for your other expressions, I humbly conceive my words are plaine and he that reads &illegible; may easily, understand them, and if you can expresse them plainer then they are already written, and reach my sense and meaning, I shall willingly subscribe my hand unto them, or if you please to give me pen, inke, and paper, I shall write my owne words my selfe and my name at the bottome of them, where upon divers of them wished me to take heed what I did, I told them, Gentlemen I speake not the words of &illegible; or inconsideratenesse, but of deliberation, having something pondred upon them before I came to you, neither doe I speake the words of lightnesse, as though I would say a thing this houre, and &illegible; from it the next, but I speake that which I will stand to, and live and dye by, humbly submitting my body to your pleasure, so being commanded to withdraw, I said Gentlemen, I humbly crave leave to make one desire more unto you, which is, that you will be pleased to give me a Copy of your question and mine owne answer, but it was denied and so I with drew.

Fiftly, being the House of Commons as William Prinn in the 7. page of his booke saith, made an order in these words.

Die Sabbati 9. August 1645.

ORdered by the Commons assembled in Parliament, that the consideration for finding out the Author of this booke be referred to the Committe of Examinations, and that in case it appeare to be Lilburnes booke, they shall have power to commit him to what prison they please.

Upon comming before whom, I was pressed to answer to interrogatories &illegible; my selfe, for refusing to answer to which, and although I owned not that printed letter that they called mine, and although I see none that came in against me to prove it mine, yet contrary to the order of the House of Commons (as I conceive) I was committed to Newgate by Iustice Whitaker and the rest of that Committee, now the question is whether or no, I have not just caus to cõplain of injustice, breach of MAGNA CHARTA, and the Petition of Right? but for fuller setisfaction, I shall give as neere an account as I can, what passed betwixt the Committee and my selfe, Iustice Whitaker being that day in the chaire, who at my comming in shewed me a printed booke, with Iohn Lilburnes name in the scene and reare of it saying. Mr Lilburne I am commanded by the House of Commons to demand of you this question, whether you know this Pamphlet or no, unto which I seid, Sir I shall desire to speak a few words unto you, well saith he answer to the question, Sir said I, hope you will permit me to speake mine own words, if you will not I shall be silent, take your libertie saith he, well Sir said I that, J have now been a prisoner three weeke, by Vote of the whole House of Commons, without any crime declared or cause expressed. And the last time that I was before this honorable Committee which was upon the 24 of July last, I made it my earnest desire unto you, that you would be pleased to declare unto me, the ground and cause wherefore I am imprisonned, which you then refused, and denyed me, I am now before you the second time, and doe still continue the same humble suite unto you, which is, that you will be pleased to tell me wherefore J am imprisonned, being resolved, that unlesse you will declare unto me, the cause wherefore I am imprisonned, I will not answer to any question or interogatory that you shall aske me.

Whereupon he wrote, and when he had done, he read it to me, upon which I told him, that he had not written halfe my words, and unlesse that he would write them all and that in the same manner that I did speake them, I would not owne one word of that which he had written, well then, Sir (saith he) dictate your owne words, and Ile write them, which I did, and then he read them, and said doth this reach your mind? I told him yes, and if he pleased to give me a copy of them, I would set my hand to that which he had written, but without I had a copy I would not.

Unto which he replyed that the Committee would take that into consideration, but Sir saith he, I hope you will owne your own words. Well Sir said I, it as very well knowne, I doe not use to &illegible; from what I say, so I was commanded to withdraw, and being without in the outward court of wards a pretty while, I was called in againe, and Mr. Whittaker asked me if I were an Officer in the Army, I told him no I had don with that, having had enough of that businesse already. Well then Mr. Lilburn (saith he,) I have &illegible; the Committee here with your answer you made even now, and they looke upon it as the greatest affront and contempt that can be given to the Authority of the house of Commons, that when the house it selfe shall order, that you shall be examined upon a businesse, & you had contemptuously say, you will answer to an interrogatories, therefore they have thought it good to remove you from your present lodging to Newgate.

Well Sir said I, I humbly thanke you, I am very well content, being as ready to goe as you are to command me, and so I withdrew, and being come out, I told my Landlord Knight (in whose custody I was) what they had done, and therefore desired him to goe in and looke for his discharge, so by and by out comes the Serjant at Armes himselfe and tells me, he had a Warrant that I must goe to Newgate, well Sir said I, I desire to see it, Sir said he, it is not directed to you, but to the Keeper of Newgate, will Sir said I, I know the Committee hath more wisedome in &illegible; to direct a Warrant to me to carry my selfe a Prisoner to Newgate, but Sir I am an Englishman, and Englishmen have some priveledges to stand for if they were not &illegible; and I am committed to your custody &illegible; of the House of Commons, and you have committed me to your man Knight, and before I stir out of his custody to goe to Newgate, I will see a warrant.

For I doe assure you Sir, seeing I am so oppressedly deale withall as I am, I will not abate you, nor the greatest man in England the breadth of one halte, of what I know to be my previledge, well Sir saith her, I have a warrant, I will not believe you unlesse you shew it me, and I doe protect unto you unlesse I see and reade it, I I will not step one foot, except you carrie me by force, but shew it me and I will obey you, Sir saith he, I hope you will not be so obstinate, Sir said I few words betwixt you and me are best, for I can be at surly as you can be for your heart, so at last he shewed it me, whereof a true copy thus followeth.

9. August. 1645.

AT the Committee of the House of Commons, for Examination It is this day ordered that upon sight hereof you receive into your custody the body of Lieu. Coll. &illegible; Lilburn, for refusing to answer to such questions as were propounded unto him by this Committee, by order of the house of Commons, and for the reasons he gave for the same, and him safely to keepe in the prison of Newgate, not permitting him to goe out of the same, without further order of the House of Commons, or this Committee.

To the Keeper of Newgate or his deputy.

Lawrance Whittaker.

And having read his Warrant I said well, now Sir I will obey you, and goe immediatly.

And in the 8. page he recites two severall orders made in the House of Commons as followeth.

Die Lunt 11. August 1645.

ORdered upon the question by the Commons assembled in Parliament, that they doe aprove of what the Committee hath done concerning Lieutenant Collonell Lilburn.

Ordered upon the question, that Lieuten. Coll. Lilburn be tryed at the next Quarter Sessions, to be held for the City of London, concerning the contriving, making, devulging and speeading &illegible; notorious scandalls, set forth in his name in a printed Pamphlet, under the title of a letter to a friend, against the Parliament and severall Members of the Commons House, and the care hereof is especially resetted to Mr. Recorder.

And then at the conclusion of that page he affirmes sollemnly, that that which he hath related is the truth, and the whole truth, and nothing but the truth of his case, and of the Parliaments, and Committees proceedings against him, every tittle whereof will be justified, and made good by a cloud of witnesses, being persons of honour, quallity, piety, fidillitie, by the Parliaments and Committees Iournalls, Lilburnes owne pamphlet and himselfe (if he be not past all shame and grace) dares not gaine say it in any particular.

Unto which I answer, that if either Prinn had any grace or shame in him, hee would not dare to affirme so many palpable untruths, with one breath so confidently and truly (in my opprehension) the Kingdome is in a very ill condition, (in reference to their accounts) to have such a man to be &illegible; man in the grand Committee of Accounts, that takes so much delight, and is so habituated to let his &illegible; and pen run at random, in &illegible; knowne untruths so constantly as he doth, have &illegible; (as I have before truly declared) overred against me, 12. or 14. &illegible; in lesse then 8. lines in one of his bookes, and divers in this, betwixt the beginning and this present 8. pag. as particularly in saying I was only summoned, when the Warrants declares I was taken into custody, which I aver to be imprisonment; and in his 6 page, declaring a third time: that I was ordered to be sent for into custody by the said Committee, where upon the Messenger tooke and detained him in his house but for one nights space, where he used him very courteously, which is a tribell falsehood, for there was never such an attachment of me a third time as he speakes of, neither secondly, did he ever detaine or carrie me to his house, neither doe I know where it is; and therefore thirdly, he could not use me courteously at the place where I never came; 20. more instances not only of mistakes, but possitive affirmed falshoods, J could give, preceeding his solemne attestation, that he hath related the truth, the whole truth, and nothing but the truth of my case, page 8.

And as for all that bitter, false, malitious, and railing language that is contained in his three queries expressed in his 9. page, in which he endeavours to render me worse and more odious, then the &illegible; &illegible; villaine, may not, or enemie, the Parliament hath in England: I shall returne no other reply then this, that hee hath mistaken, and misladed my case, yea, and made false relations in many particulars of my case, and therefore I say, his three queries are built upon a false ground and so are absolutely 3. Nonsequeturs.

He affirmes in the 10. page, it is most certaine, I was not so much as once imprisonned by any authority from the house, therfore (saith he) let him shame the Divell and tell his deluded consederates, when, where, and by what authority he was three times imprisonned?

For your affirmation, I leave the world to Judge, whether it be false or no, especially seeing I have before named every particular day, recited the warrants, & the persons, by whome I was attaiched and imprisonned.

In the second place he saith, whereas he avert he was thrice. Imprisonned before ever he knew his accuser or accusation: he writes expresly in the very next words, page 1, 2, 3. &c. that I (namely William Prinn) was his accuser.

I answer, I do now averit, that I was thrice imprisonned before ever I knew my accuser or accusation; & I further say that for 2 of the times, I do not legally & groundedly know the cause of my imprisonment, nor who was my accuser, nor what was my accusation, neither was legally proceeded against, with any crime at all laid unto my charge, though by vertue of the last of the three commitments, I say about a quarter of a yeare, and doe not to this present houre know justly, the ground wherefore J was committed.

And whereas you are pleased to cite some words in the 1. 2, 3, pages of that Epistle which you call mine, truly I have read all those three pages, and can find no such thing as you speake of: It is true in the 12. and 13. pages, there is something hinted, that after I was imprisonned it did appeare once publiquely, that you were my accuser, and for the second, it was privately reported that you were the informer against me, but for the last time of those two, I never had any accusation face to face by any man in the world, though privately I was told you had informed then, as well before as against me.

In his 11. page, he saith that I complaine I was imprisonned before &illegible; I was suffered to speake one word for my selfe; this saith &illegible; is a more audatious &illegible; then all the rest, for answer to which, I say that I was both the times a prisonner before I came to the Committee, or ever spoke one word for my selfe, and as a prisonner was brought to them; and the third time I was committed by the house, and never did in all my life make any defence against a crime at their barre, nay this I further &illegible; that for the two last commitments. I was never informed of the cause of them, by those that committed &illegible; and do further professe, that I remain yet to this houre ignorant of the cause of them but what I have by uncertaine conjecture: therefore I hope J may without offence, retort his owne words backe upon himselfe, which he unjustly saith to me. Othe falsenesse and boldnesse of this matchlesse lyar, whose whole booke (in a manner) is nothing, but a bundle of deliberated untruths, and most malitious invectives, abuses, and standers.

Then in his 12. page, he to my understanding puts the case, that admit, I had been 3. times imprisonned before ever I knew my accuser, accusation, or ever was heard to speake one word for my selfe, yet saith he, there is no such cause for such an out cry as he makes against the Parliaments proceedings, as Arbitrary and unjust: But truly in my apprehension, to use some of his owne phrases, if ever hee had injoyed the honour of being mine, or any other (understanding) Lawyers or Iustices Clarke, he would not have so confidently averred that for law, which hath not (if I understand the Petition of Right) the least couller of law in it; read I pray what he saith in the 10. 11. pages of that booke, for the confutation of himselfe, where to me with one and the same breath, he contradicts what he averain the 12. page, as though he had forgotten, what but a little before he had said: but the old proverb is, Lyars had need of good memories, especially before good examinators: for in his 20 page he takes upon him, to declare the grounds and reasons that put the Parliament upon the thoughts of making the Petition of Right, which was the imprisonment of divers free mens persons, without shewing cause. the debait of which in the Commons House, Aprill 3. the 4, Car: &illegible; begot these 3. insuing Votes.

1. Resolved upon the question, that no free man ought to be detained, kept in prison, or otherwise restrained by the command of the King, or the Privie Counsell, or any other, unlesse some cause of the Commitment, Detainer, or Restraint be expressed, for which by law he ought to be committed, detained, or restrained.

2. That the Writ of &illegible; Corpus may be delayed, but ought to be granted to every man that is committed or detained in prison, or otherwise restrained, though it be by the command of the King, the Privie Counsell, or any other, he praying the same.

3. That if my free man be committed or detained in prison, or otherwise restrained by the command of the King, and privie Counsell or any other, no cause of such commitment, detainer, or restraint being expressed for which by law he ought to be committed, detained or restrained, and the same to be returned upon a &illegible; Corpus granted for the &illegible; party, then he ought to be delivered or bailed.

These Votes and the Lords concurrence with them (saith he) begat the petition of Right after many dayes debaite, which thus states the subjects grievance in this particular, first irrecites Magna Charta, c. 29. and 18. of Edward 3. that no free man should be taken or imprisonned, without being brought to answer by due processe of law; and then Proceeds thus.

Neverthelesse, against the tenor of the said Statutes, and other the good lawes and Seatures of your Realme to that end provided: divers of your Subjects have of late been imprisonned without any cause shewen, and when for their deliverance they were brought before your justices by your Majesties Rites of Habeas Corpus: there to undergoe and receive as the Court should order, and their Keepers commanded to certifie the causes of their detainer: no cause was certified but that they were detained by your Majesties speciall command, signified by the Lords of your Privie Counsell, and yet were returned backe to severall prisons, without being charged with any thing, to which they might make answer according to the Law where upon they pray in this petition, that no free man in any such manner &illegible; before mentioned, be imprisonned or detained: to which the King subscribed this answer, let right be done as is desired,

And &illegible; he demands a question, what is this to Lilburns case? to which? answer, it is expresly to my case, as I have before iustlie declared, and dare reason out the case with him in point of law (though I was never at any Universitie or Inner of Court to study it) before any understanding Common Wealths men in England, though he say and assume, that I was not committed to Prison by the Committee without any cause expressed, which is the most notorious untruth in the world.

For first by the order made the 14, May 1645 it cleerly appeares, that the Messenger was commanded to apprehend me, and bring me in safe custody, which he did accordingly, and if I understand what imprisonment it I being thus taken into safe custody, in the eye and meaning of the law is imprisonment: and I am sure J was saine to presse for my libertie to the Committee, before I could be delivered from my bonds.

Secondly, If you please to cast your eye upon the fore mentioned Warrant made the 18, June 1645, you shall cleerely see it commands the Messenger to apprehend me, and being me in safe custody, which he accordingly did, and though I confesse, he used me civilly like a man, yet I very well remember that be stood &illegible; upon his &illegible; that though he would not by force (as Serjent Hunt afterward did) endeavour to take away my sword from me, yet he intreated me to lay it aside, and to appeare before the Committee like a Prisonner without my Sword, and the reason he gave me was, least I be children (saith he) if you do it not, yea, and J further &illegible; it, that though I waited upon them according to their command, and the Messengers that attached me, I had much &illegible; to be discharged from the Messengers custody upon my owne ingagement, that as I was a Souldier and a Gentleman, I would appeare before them, when they should command me, which was at such an &illegible; upon the next Monday after noon (as I remember) but in regard that the House sate that afternoon about the Kings Letters taken at Nesby, by meanes of which the Committee sate not, I having extraordinary businesse with Lieutenant Generall Cromwell about my owne particular, who then I heard wat in Warwickshire, I used Coll. Walton, and Mr. Holland as instruments to get me leave for a few dayes of Mr. Corbet, upon my owne ingagement to goe downe to the Army, and by these meanes and my owne earnest intreary, I did get leave, and whether this was not a reall imprisonment or no, in the eye and intent of the law, I desire every man that hath any insight therein to be judge betwixt us, and yet I never was heard speake for my selfe before the Messenger tooke me into safe custody, neither was there in his warrant any cause of my restraint expressed.

Jn the third place. I desire you to read the Vote of the House of Commons before mentioned, and daited the 19, of July 1645, which expresly commands me to be taken into safe custody, and so kept tell the House take further order, and the Serjent at Armes himselfe in as violent and base a way laid hands of me, that might be, and apprehended me; J am confident as ever he did the grandest offender that ever the Parliament committed to his custody, and that night committed me a prisonner to his man Knight, who kept me as a prisonner in his owne house, till the 24. of Iuly after, at which time then by a new order (which seemes to me to bee something in the nature of a Habeas Corpus) commanded me to the bar of the Committee of Examinations, who refused to declare to me the cause of my imprisonment though I humblie and earnestly desired but remanded me without any legall tryall backe to the prison from whence J came, and there I remained a prisonner, till by a new order or Habeas Corpus I was upon the 9. of August commanded againe to the Committee of Examinations bar, which Committee then againe refused to declare unto me the cause of my imprisonment, though I earnestly desired it, and would have examined me upon interrogatories against my selfe, for refusing to answer to which, they remanded me againe to prison &illegible; only removed me from the Messengers house to New gate, where J remained in the nature of a close prisonner, till the 14 of October, only this I confesse there is in the Warrant which turned me over thither a cause expressed, wherefore I was sent thether, which was, because refused to answer to such questions as was propounded unto me by the Committee, which warrant and commitment (though made by a Committee of the House of Commons) is as illegall as all the rest, and (in my apprehension) against the very tenor and the true intent and meaning of the Petition of Right, and expresly against the words of the Statute of the &illegible; of Edward 3. 3. which saith, it is inacted that no man be put to answer, without presentment before Iustices, or &illegible; of Record, or by doe processe and writ originally, according to the old law of the land, which Statute is ratified and confirmed by this present Parliament in the act that abollisheth the Star-chamber.

I now returne backe to his 12. page, where he a ecuseth me of lying and falshood for saying that during my imprisonment at Oxford, I was cuinated in my estate, to the value of 6. or 7. hundred pounds, which I left behind me at London, which &illegible; can cleerly make appeare.

To which J answer, I doe affirme such a thing in two printed papers namely my printed petition to the House of Commons, and my printed reasons against himselfe, and that this affirmation is true and not alye. I prove and make appeare &illegible; my Brew-house with the utensills, and other necessaries belonging to it, cost me about 300. l. as good gold and silver as ever William Prinn was owner of, and when I first went our in the Parliaments &illegible; as a Captaine in my Lord Brotkes his Regiment, I let it and the use of the utensills, to one &illegible; a Beewer for 55. l. per annum, with covenants that saving the reasonable allowance of the &illegible; of the utensills, he should deliver it backe to me or my assignes as good as he sound it, but during the time of my imprisonment at Oxford, he let the house run to decry, and gave over brewing in it and run away I doe not know whether, (nor never could see him since) with almost a whole yeares &illegible; and when I came from Oxford I found my house cut of use, and in one place much decayed, part of the roofe being false in, so that the raine both there and in severall other places had done the vessells much hurt, so that I was forced and necessitated, to sell the Lease of the house, and all things belonging to it for 120. l. to Mr. Wright the Armorer in Bishops gate street, and also gave him dayes of payment for it, besides when I went &illegible; I left behind me the greatest part of 1000. l. in debts, that were made in that brew-house, some hundreds of which, he that I betrusted with my businesse received for me, and had received a great deale more, had not my debtors taken advantage of my &illegible; at Oxford, which made some of them tell him to his &illegible; that the King had caused me to be arraigned at Oxford for a Traytor, and they would pay no traytors debts, in so much that when he &illegible; them, some of them, were ready to fall upon him and heare out his braines, as he told me.

Besides, the most of those that J traded with, depended upon the traid of New Castle, which in my imprisonment was lost, and (in a manner) totally decayed, which was the ruine, and the breaking of them; so that when J came home, I sound about 4. or 500. l. of my debts become altogether desperate, which debts, I am able yet by my bookes of accounts, and servants legally to prove. Yet shall I be willing to sell them to William Prinn for 10. Groaes in the pound, and thanke him too, now hee being one of the great accountants of the Kingdome, if he please to joine all these together, he may easily find, they make up the sum I speake of &illegible; and if he please to get the Lords and Commons to repaire this my losse, (as by their Declarations published to the Kingdome, at the beginning of these Warres they promised they would) I doe hereby bind my selfe, that if I cannot by just and lawfull proofe, make good what in my printed petition concerning this particular I have said, I will quite scores with them, both in this my arreares, and all other things whatsoever, that I have any legall and just ground to challenge and expect from them: and I thinke all men that reads this, will say I offer faire, and will not in the least beleive any of his false, untrue, and &illegible; affirmations that there be impudently layes downe.

I come now to his 15. page, where he takes occasion to speake of the Lord of Manchester and &illegible; Castle, and seeing he hath so done, I shall as truly as my memory will inable me, declare the truth of that businesse, which as I gave &illegible; under my hand by way of testimony to Mr. Lile Chaire-man for the Committee last winter that examined the accusation of Lieu. Gen. Cromwell against the Earle of Manchester, which was to this effect, the day before the Lord Manchester quartered at Donkester, at our randevour of the other side of the towne next Yorke, I received orders from Lieu. Gen. Cromwell, (from whom constantly J did receive my orders) to goe & quarter with 4. of my Troops of Dragoones in &illegible; town, and to doe the best we could, with our owne securitie, to keepe the enemie in, that they should not salley out, to doe any mischiefe, in any of the quarters of the Army: and accordingly J marched with foure of my troops, and at the next towne to it, we got the best guides we could, to informe us how the Castle and towne lay, and when we came to the townes end, I ordered Captaine Beamont, with a party on horse backe, to careare into the towne, and get betwixt their draw bridge and the towne, to stop those that were in the towne, from getting into the Castle and sent to second him a party of &illegible; a foot, commanded by my Lieutenant and afterwards followed them with all therest; by meanes of which wee tooke divers borses and prisonners, and that night we all past upon the guard, and the next day being informed, that the mill dame, and the more, might easily be drawed, if we could &illegible; our selves of the Mill which &illegible; closse by their more as soone as it grew darke, myselfe led downe a guard of &illegible; and possessed the mill, and fell to a worke, to let out the mill dam, which was accordingly done, which when I had set in a good forwardnesse, I left Captain Bramones Lieutenant to command that guard, who I knew to be a carefull man, and walked the rounds to visit all the other guards my selfe, and being the next morning informed by some of the Souldiers that the enemies Centinells, called over the wall to mine, and wished they would speake to their commander to fall on, and they professed, they would not shoot a bullet against them, for their Commanders used them basly, and kept their pay from them: upon which information, I inquired of my Landlord who I understood used to goe into the Castle, what store of &illegible; he conceived they had in the Castle? & be told &illegible; he did beleive 4, barrells was the most they had, and with all told me, be was confident, they would upon easie tearmes surrender the Castle, for the gentlemen within (said he) were no Souldiers, nor no great fighters but were altogether given to their pleasures, and about &illegible; a clocke that day or the next, Coll. Keeys, and a Captaine of the Lord Fairefaxes, came and desired me, to grant them libertie, to call to some of the Gentlemen over the wall, which I granted: and they accordingly did, upon which by consent, we on both sides ceased shooting, and they talked very freely each to other, upon which the Gentlemen in the Castle, desired me to come into them; and be merrie with them, &illegible; &illegible; or two, and they would ingage their honours, I should safely and peaceably come out at my desire, unto which I answered, I durst not, having no such Commission from my generall so to doe, then they intreated me to give them leave to come out to me, to be merrie at the Ale-house a little, and they would take my owne ingagement for their safe returne, upon which discourse I presently conceived these Gentlemen had no mind to fight, but were rather desirous, upon reasonable tearmes to be rid of the castle.

The thoughts of which made me to returne them this answer, that at present, I could not satisfie their desire, but I promised them, I would indeavour to doe it with all the speed I could, and therefore desired they would command their men to their guards, as I intended presently to command mine, which I did, and with all speed I could, not me horse, and red away to Donkester, as fall as I could ride to acquaint my Generall with it, who at my comming &illegible; her, was walking our at the townes end next London, with whom I found Lieuten. Generall Cromwell, and the most of his cheife Commanders, and after I had acquainted him particularly with the aforesaid things, I told his Lordship that I conceived, if he would summon the Castle, it was his his owne, which he seemed to slight; I further told him, there was here abouts a great many petty gareisons, which did a great deale of mischiefe to the Countrey, and his honour did not know, but the gaining of this, might be the gaining of many of the other, well saith he, it cannot be done: upon which I continued my importunitie, and did beseech his Lordship to summon it, which made him and others by him to laugh at me, and saith he, you thinke it is nothing but to summon a Castle and take it, if I should summon it, saith he, my Army is ingaged thereby, and (saith he) I am informed it is a &illegible; strong place, and probably may foile my Army by meanes of which I should loose the maidenhead of them, who were never foiled since I commanded them, and be sides (saith he) I will not loose ten men for the gayning of it in regard I doe not Iudge it worth such losse.

Unto which I replyed, my Lord, J will make you one proposition, give mee leave to summon it, and if upon a summons, I doe not carrie it, I will give your Lordship leave to hang me; my Lord I doe not desire, a commission under hand and seal, noe an expresse possitive command, for then if I should not succeed, I confesse your honour were ingaged, indeed, but that which I intreat of your honour, is only to permit me, and to winke at me, and if I should not effect that which I doe confidently beleive I shall, your Lordship in my apprehension is free, in point of honour, and may &illegible; your hands of it as none of your act, but may say it was the act of a rash man, who was resolved inconsiderately to hazard his life, for the doeing of it, but my Lord, as I said before, if I may be permitted to summon it, I will die for it, if upon a summons I doe not carrie it, unto which he said &illegible; gone, thou art a mad fellow, which I tooke for a grant, but yet for all that turned me abour to one of the ablest and understanding it Commanders in the Armie, (as I judged him) and asked his advice, what he thought of it, whether or no all circumstances considered, that had passed betwixt the Earle and my selfe, I might not justifiably, in the eye of a Counsell of warr without any mere adoe Iummon it? and he conceived I might doe it, this I the rather propounded because it behooved me to goe upon a sure ground, in regard I knew that &illegible; my Lords Chaplines Mr. Ash, and Mr. Good, did sit upon my &illegible; for opposing Coll. King, their dearly beloved, and I also knew, that Major Generall Crafford, and his whole faction (which than in that Armie were very great and high) did the same, for my friends of discourse, about that proud unwarrentable, and bloody action of his, in flomming Torke manner as he did, which cost (foolishly) some hundreds of mens lives, for which act I had freely said, he deserved to die, and therefore I was verie confident, if all they put together could doe me a mischeife, being then in that Armie, (for nothing but my justnesse and honestie) as great an eye sore to some of them, as I am to them to this very day, but upon the foresaid grounds I &illegible; with speed, againe to my quarters, and writ them a summons (high enough) for the present delivering of the Castle, &c. Into the hands of my generall for the use of the Parliament, which I sent in by my Drum, and the Governour, very fairely and &illegible; a willing man to yeild, the very next morning after I had been with the Earle, sent me out Articles of surrender, and a Leiuten. Coll. and Major (as I remember) with them to see them made good, and never so much as desired of me, any &illegible; them, upon which they and I rid away to Dewkester, where I found the Earle on Horse-backe, a going to take the hire, and I comming to him told his honour, had summoned &illegible; Castle, and brought his Lordship Articles of surrender, and two Commanders to see there performed on their part, but without any more adoe, in the presence of the companie (which were many) and the presence, and hearing of the Cavaileers, his Lordship fell a calling of me Rogue, Rascall, and base fellow, and asked me whether he or I was Generall, and told me, the Armie was to much troubled with such busie Rogues &illegible; I was, and he would send me same enough from it, and also told me, I deserved to be hanged, and would nor suffer me to speake one word in my owne defence, but turned away from me in a greater fury then ever I see him in, in my dayes; his carriage being a cleere Demonstration to me, that be in a manner scorned to accept of the Castle, because I had taken it. Which carriage, did so vex and perplex my very soule, as I was never more I thinke in my dayes, and so cooled my courage in fighting, that I could never from that day to this present houre, deaw my sword, nor ingage my life in the way of a Souldier, with that freenesse, &illegible; and cheerfullnesse, as formerlle I had done: But by the Lieutenant Generalls meanes, I got my Lord to appoint Commissioners to treat with theirs, for ordering all things for the surrender of the Castle, which was accordingly done, with all the Armes, Ammunition, Horses and Provision in it, saving about 10. or 12. Horses that was allowed the chiefe Officers, with saddles, Pistolls, and Port. mantles, and for my part, though I had extraordinarily hazarded my life, in the gaining of it, and had taken a great deale of paines, yet his honour never gave me, the value of one penny for my labour, though he got by taking the Castle, (which he disposed of) above threescore horse as I remember, and though I faithfully, and honestly, saved the things in the House, and delivered them according to his order July 28. 1644 (to Mr. Goulson Treasurer his man) and sert them to &illegible; where they were boated I know not whether, 30 quarters 4. bushels of Wheat, 38. quarters 7. bushells of Rye, 6. quarters 6. bushels of Pease, 162. Cheeses, 9. Flitches and 39. Peices of Bacon; 9. Farkins, 7. Kits, and 19. pots of Butter, 94. peices of beefe, with some bread, and truly considering our paines, wee might have expected, from my Lords owne hands, a Gratitude: but none we had, saving that we made a little money of some Hay, Coales, and other Turnbring odd things, which I caused honestly, to be distributed amongst my Regiment, to the Officers according to their qualitie, two daies pay: and to the common Souldiers 2. &illegible; 6. d. a man, and for my particular, Mr. Wever gave me a young gray horse, which was but a small incouragement, seeing. I had fought all that summer, and had not received one dayes pay, and had beene shot through my arme, but a little before, at the taking in Sir Francis Wortlys house, and not long before had beene plundered by Col. Kings meanes at Newarke, of all that I had there, to the value of about a 100. l. who contrary to the Articles of agreement, commanded me, & in a manner forced me, to march away with his Regiment armed, which caused their horse to fall upon us, and plunder us almost every man, but as for Col. King himselfe, he fled the danger, and had a care of himselfe: and scaped better then we did, and besides, during all the times we were in &illegible; I and my Regiment of Dragoones, constantly quartered in the Van of the whole Armie; alwayes nigh the Enemies Garrisons, where constantly in a manner, we both sought for both horse next and mans meat, or else with a &illegible; &illegible; of vigilancy, stood upon our guard, also our Souldiers being so poore for want &illegible; pay, that many times my selfe and other of my Officers, were severall times forced to send them money to shoe their horses, and I am confident to this day, have falut short of the payment of it againe, and yet I dare say, I kept the Regiment in as good order, as ever it was from the day it was raised, and passed as readilye and cheerfully upon their duty: And I dare be bold to aver it, I and they passed upon as hard and difficult services, and were in as many ingagements, hazards and perills, for that time, the last summer, as ever any Regiment of Dragoones in England, raised by this Parliament, of the like number was.

And for all William Prinns abusing of me, I for my part, bid defence to him, and all the men in England, justly to brand me with cowardlinesse, in all the ingagements that in these wars J have had, or with unfaithfullnesse, or of base coveteousnesse, indeceiving either the State, my Officers or Souldiers, either in point of one false Muster, or unjustly detaining 6 d. of any of their pay from them, or that ever in all the marches and quarters that I have been in since the waes began, that ever I was privie too, or ever did my selfe; or caused to be plundered, or by any unjust violence, caused to be taken away for my use or profit, directly or indirectly, the value of 12. d. in any kind of goods whatsoever, for I blesse God, I can say with Paul, that I have not unjustly taken or coveted, any mans goods, Gold or Silver.

But one word more of my Lord and tickhill Castle, I was told in the Armie, his Lordship afterward, did verse much threaten me about that businesse, and also by a man of eminency, I was since told, that when his Lordship came to London, at a meeting at the Beare at bridgefoot, before two Lords, and five eminent men of the House of Commons, his honour spoke both very great, high, and disgracefull words of me, about that very businesse, and therefore for the full satisfaction of all the World, J doe here declare, I am ready, willing, and desirous, to bide the publique test, and tryall of any just and legall judicature in England, either with the Earle of Manchester, William Prinn, or any other man in the whole Kingdome.

In the foresaid page, William Prinn boasts, that having (as he saith) thus charged through, and &illegible; his maine Squadron of lyes and scandals against the Parliaments and Committees proceedings, I shall in the third place, a little examine and resure, his mistaken law, his misinterpretation of Magna Charta, and the Petition of Right, which had verie ill fortune, to fall into the hands of such a lawlesse Ignoramous.

I answer (and say) alasse poore Prinn, who would saine be accounted a skilfull and couragious Commander, and hath not yet attained to the skill or courage, of the meanest common Souldier, for instead of rouring my maine Squadron, hee doth not so much as gallantly, and like a man of pure mettle, incounter with my Scouts or Forlorne hope, much lesse either like a man of valour, charge and &illegible; my maine Squadron, for in slead of fighting with me and my case, he fights with his owne shadow, and with a fiction of his owne braine, in &illegible; my case, falsifying the truth, my Actions and Sayings, and so wilfully misapplying his wrested law, so that I aver and affirme it, he hath not so much as given my maine squadron (as he calls it) one faire charge; either with sword or pistoll, but like a faint hearted and unskillfull Souldier hath only peeped in my face, and frisked by my right Flanke, and then by the left, and by a swift running horse, hath goe a little into my reare, thinking thereby to nibble at my heele like the old Serpent spoken of in Geneses 3. but alasse it will not doe, and therefore I retort backe his owne words upon himselfe and say, he had need (more then a little) to examine and resure his owne mistaken law, his misinterpretation of Magna Charta, and the Petition of Right, which had very ill fortune, to fall into the hands of such a lawlesse Ignoramous; therefore this I say to him, I both dare and am able, J for all his vapours which I esteeme no more then God did Adams fig leaves, with which he would have covered his nakednesse) to meet him, and a whole Squadron of such heady and light men, face to face, upon equall tearms, upon any ground in England, to justifie and maintaine my present cause against him, whether it be Religion, or the publique liberty of the free people of England, the equall tearmes I desire, it no more but this, that I may have as free libertie to speake, write and peint as himselfe, and I will set my hand to what ever I doe, and seale it with my blood.

I come now to his 22. and 23. page, where he goes about to justifie, that my commitment upon the 19. July 1645. was legall, although I never was heard to speake my selfe, and although, I neither knew my accuser, not accusation, and although, there was no cause expressed in the warrant of my commitment, surely William Prinn writes so fast in his 22. and 23. pages, and without consideration what he said before in his 20. and 21. page, that without doubt hee either thinkes or dreames, that it will never be read over by any man that hath braines in his head, or honestie in his heart, to declare his contradictions, and his confuring of himselfe, by that he writes before, of that which followeth after, but his reason wherefore it is legall, is because that as (he saith,) I had that day publikly reported to Jndependent Hawkins, & others at Westminster, divers groundlesse, seandalous, and malitious reports, amounting to no lesse then high Treason, concerning Mr. Speaker and other Members of the House of Commons, in a libellous, illegall, scandalous, seditious way, of purpose to defame and stitreup the people against them and the whole House of Commons, whose destruction by force and violence, he of his confederates had then beene plotting, and since pursued in sundry private meetings.

To which I answer that his whole accusation, as he hath laid it downe, is a most malitious falshood and untruth.

For first, he saith, I had publiquely reported, to Independant Hawkins, &c. J desire to know the men that heard me when I so did, for surely to this very day, I could never see any man that would in the least aver any such thing to my face, as he speakes of.

Besides (secondly) if J had by way of relation, spoken either to Mr. Hawkins, or any man else, any such thing, I could easily and groundedly, procure my Authors, namely, Mr. Pristy, Mr. Rawson, and Mr. Worly, who had that day, as the least 8. or 10. houres, before I was committed, given in information, to a Committee consisting of foure Members of the House of Commons, under their hands, of some such thing as he speakes of, in whose information, I neither had hand, nor finger, and I professe (before the searcher of all mens hearts) I neither knew what they were about, nor what they intended, till a Marchant of London told me, they were gone into the Committe, about some such businesse, and therefore it could not in the least be any designe betwixt them and me, to whose intentions I was not in the least privie, therefore I would saine have Prinn satisfactorily answer me this question, what was the reason that the three Citizens forenamed, that gave the information in under their hands, should goe scot free, and I that was not privie to their designe, nor never acted publiquely in it, should be clapt by the heeles.

Againe, if Prinn be privie to a designe (acted and contrived by me, and my confederates) by force to destroy the House of Commons, as to my understanding be cleerly avers, I say it, and will maintaine it to his face, he is a Traytor, that he doth not make it legally appeare, and that be and the world may know, that I crave neither mercy nor favour at his hands; I bid defiance to him, and all the men in the world, in that particular, and as for all that abusive language that her gives me, in that and the next page, I tell him in his owne words (that if he had beene a grand I &illegible; he would never have said, what there he saith, not &illegible; such mistaken law as there he doth, therefore againe in his owne words (altering but a few) J say unto him, that if poore William had but law enough, to quallifie him, to be the meanest Iustice of peace, his Clarke, or some Recorders, or Clarks of the Assizes, his Clarkes clarke, be might have known, that by the law of the land, no man ought to be committed to prison, upon a bare suggestion of wicked and malicious men, or by their report, taken from the second or third hand, not to bee sent to prison, with a warrant expressing no cause of his restraint.

Againe, whereas in the same page he would compare my case to a Traytors, I say, there is as great a disproportion betwixt them two cases, as there is betwixt William Prinn, and an honest man, in my judgement and I seriously professe, I judge it to be as great, as possible may be, and therefore, for my part, let all the Iudges in the world whatsoever they be, examine me upon interrogatories concerning my selfe in a criminall cause, I iudge it to be against the Law of God, the law of nature (which will have no man to betray himselfe) the law of the Heathen Romans, and the knowne law of this land, recorded in the 28. and 19. chapters of Magna Charta, & the petition of Right, & therefore by the strength of God, for all William Prinns false and unjust law, I am resolved to dye all the deaths in the world, rather then to betray my just and native libertie in this particular. I come now to his 26. and 17. page, wherein he brings me as a man safely arrived in New-gate, and before I insist upon his grand charge against me. I shall crave leave to give you a narrative of my affaires, after I came thether, which thus followeth.

Immediatly after I came to New-gate, divers of my friends and well &illegible; to the publique, went about the framing of a petition, (without my desire,) to the House of Commons, on my behalfe, which I doe beleeve not a little vexed Prinn, Bastwicke, Col. King, and others of my adversaries, (which as I have just cause to conceive,) made them with the assistance of their base and rascally agents, Williams, and &illegible; &c. goe about to make an uproare in the Citie, by framing, posting, and dispersing scandalous paper libells, concerning my selfe, thereby to make me odious, and destroy me, seeing they knew not handsomely how to come off, their unworthy dealing with me, about my imprisonment, which originally rise from their mallice, but having notice of these libellous papers, I presently writ a letter subscribed.

To the Right honourable the Lord Mayor of the honourable Citie of London, these humbly present.

MAy it please your honour to give me leave to present you with a few lines even now by some of my friends in the Citie, I understand, that there is a strange and dangerous paper presented to your Lordship, and other Magistrates of this honorable Citie, as though there would be some rising of many thousands in London, about my selfe, concerning which false & scandalous paper, I iudge it my &illegible; &illegible; assure you; I have no hand nor finger in, neither am I privie, to the framing, writing or divulging of it, neither doe I beleeve, is any friend of mine, or any friend of the Common Wealths, and I doe further assure your honour, I shall rather chuse to &illegible; and dye in prison, then to take any such uniust way for my deliverance. My humble suit unto your honour therefore is, that you will be pleased to acquaint the rest of your brethren herewith, and take in it such a course, as shall seeme best to you, which will be an extraordinary obligation unto him, that is your Lordships and this Cities faithfull servant,

John Lilburn,

From my contented Captivitie in New-gate,
this 11. of August 1645.

And then within a few dayes after this, (namely the 26; of August 1645.) was presented the forementioned petition, which was subscribed with about two or three thousand hands, divers of them Citizens of good qualitie in London, the Copie of which thus followeth.

To the right honorable, the Commons of England assembled in Parliament

The humble Petition of divers well affected Persons, inhabitants of the Citie of London, and Westminster, the Borrough of South warke and places &illegible; &illegible; in the behalfe of Lieu. Col. Iohn Lilburn, now prisoner in Newgate.

Sheweth,

THat whereas the above named Lieu Col John Lilburn, hath before this Parliament, with true zeale to God, and affection to his Countrey, ventured his life and estate, in opposing the tyrannicall proceedings of the Bishops, and Star-Chamber, whereby he became, (as God was pleased to order it) a speciall instrument, of their downfall, and for as much as the said Lieu. Col. Lilburn, hath with like zeale, and affection, since the Parliament, neglected all private affaires for your defence, and his countreys service, in the faithfull performance where of, he hath suffered, verie much in his person and estate.

Your Petitioners doe therefore humbly, intreat this honorable house, in respect of the former faithfull services, and hard sufferings, of the said Leiu. Col. Lilburn and for the &illegible; of us your humble supplicants, and other his friends, your faithfull servants abroad, and to prevent the rejoycing triumph and advantage of our common enemies.

That you will be pleased; to order his suddane removall from the infamous prison of Newgate, and to take a review, of the occasion of his restraint, and in your debating thereof, that you will be pleased to make the most favourable construction of the same, and if it may stand with your wisedomes, to give him his speedy inlargement, that you will be pleased to give reliefe to those pressures that remaine upon him, by ordering unto him a competent part of his &illegible; for the support of his wife and familie.

Upon the knowledge of which petition, the house proceeded as followeth.

Die Martis 26. August 1645.

THe House being informed, that divers well affected persons were at the doore with a petition, they were called in, and one of them acquainted the house, in the name of the rest, that they came to present a petition to the Commons house, on the behalf of Lieut. Col. Lilburne, The petition was read, and was for his inlargement from imprisonment in Newgate, and for some present reliefe for him out of his arrears.

Ordered &c.

That Mr. Walker, and Mr. Steele be desired from this House, to manage the proceedings by &illegible; or other wise, to be had against Lieut. Col. Lilburne, now prisoner in Newgate, at the next generall Sessions, to be held for the City of London, and that Mr. Breadshaw formerly desired to attend that service, be discharged of it.

State reports, the answer to be given to the Petitioners, concerning Lieut. Col. Lilburne, which was read, and upon the question assented unto.

The Petitioners were againe called in, Mr. Speaker by command of the House, acquainted them with the answer of the House to their Petition, which was in &illegible; verba.

H. Elsynge, Cleric.

Parl. D. Com,

That Lieut. Col. Lilburne, is justly committed by this House, that for some of his offences, he stands referred to a tryall at common Law: that the House doth not approove of the coming in of this Petition at this time, the cause thus depending, and the party himselfe not acknowledging the justice, nor desiring the mercy of this House: that when there is a fit time for either, the House will proceed accordingly, in the mean time the House hath provided for his convenient maintenance.

H. Elsynge, Cleric. Parl. D. Com.

Die Martis 16. Augusti, 1645.

ORdered by the Commons assembled in Parliament, that Sir John Tenell, doe pay the one hundred pounds remaining of his fine of 600. l. to Lieut. Col. Lilburne, now Prisoner in Newgate, or to such as he shall appoint to receive the same, and that the acquittance of the said Lieut. Col. Lilburne shall be a good discharge, to the said Sr. Iohn Terrell, for the said remaining &illegible; l.

H. Elsynge Cleric. Parl, D, Com.

Which 100. l. I received, and with there money added to it, spent in my imprisonment in charges, managing and following of my businesse &c.

Vpon the receit of these orders, J expected to have been called forth the next sessions after, &illegible; nothing in the world with more eagernesse then I did to come to a publique tryall, but during that sessions it was all in vaine, which made me wait with as much patience as I could, till the next Sessions.

And upon Tuesday or Wednesday the 8. or 9. of Octob. 1645. the sessions began at Newgate, and in the forenoon being somthing treubled that I should lie in prison, and hear nothing from any man in the world as my prosecutor, I intreated a Gentleman that was with me to slep a little way to a friend of mine, being a Counsellor, and desire him to come and speak with me, which he did, and having communicated my mind to him, which was, that seeing I was by order of Parliament turned over to a tryall at the sessions of Newgate, and could heare nothing from the Iudges thereof, either the last sessions, or this present I had an earnest desire to speak with the Lord Major, and the rest of the Iudges there, and intreated him that for his fee he would go to the bar, and make a motion for me, which he refused, giving me some reasons, wherefore he iudged it better and fitter for some honest private friend to go downe and do it for me, whereupon there being with me a young Gentleman, a Marchant of London, I intreated him to oblige me so far to him, as to go to the Court, and to observe his convenient opportunity to speake to the Court for me, which he did, and as himself told me, expressed himself in this manner.

My Lord, I am come from Lieu. Col. Lilburne, now prisoner in Newgate, who presentt his humble service to your Lordship, and the rest of the Judges of this honourable bench, and &illegible; me makes it his humble suit unto you, that you would vouchsafe to honour him so much, as to send for him, that he may come and speake with this honourable bench, which was presently granted, and officers immediatly sent up for me, and at my coming before them, I came close to the barre, and gave them that respect which I conceived was their due, whereupon the Recorder as the month of the Court, demanded of me what I had to say to them?

Vpon which I addressed my selfe to my Lord Major (for he being present, I conceived him to be the chiefe in the Court) and said with as audible a voice as I could, my Lord. I am a freeman of England, and I hope all my actions, are cleare demonstrations unto all that know mee, that I act by principles tending to the preservation of my just freedome, I have now been almost 12. weeks a prisoner: 12 at so long saith the Recorder? yes Sir said I, it wants but 3. dayes of 12. weeks compleat, and my Lord, I was committed without any crime expressed: and by all the friends I have in England, I cannot (from the day of my commitment, to this present houre) learn groundedly the true cause of my imprisonment.

And my Lord in August last, divers well affected Citizens and Free-men of London (being friends of mine) presented the honourable house of Commons with a petition on my behalfe, and by way of answer, they were pleased to make this order in my hand, which is subscribed with the hand of the Clarke of the house of Commons, which order so much as doth concerne this honourable bench, I humbly crave leave to read unto you, which was granted, the very words of which Order thus followeth:

That Mr. Walker, and Mr Steele be desired from this House to manage the proceedings by &illegible; or otherwise, to be had against Lieut. Col. Lilburne, now prisoner in Newgate, at the next generall Sessions, to be held for the City of London, and that Master Bredshaw formerly desired to attend on the service be discharged of it.

Here your Lordship may cleerly see, that I am referred to this bench for a legall tryall, and the time when it ought to have been (by this order) was the last sessions, every day of which, I was ready and expected to have been called out: but your Lordship, and all other being silent, in not (according to the order) calling me out, is a clear demonstration (to my understanding) that neither your Lordship, this bench, nor any other person in England, have any crime to accuse me off, or to lay to my charge. I expected likewise at the beginning of this Sessions to have heard from your honour, but contrary to my expectation, hearing nothing from you, I was full of longing desires, that you might hear somthing from me.

And now being by your Lordships owne favour and grant come before you at this barre, I make it my earnest and humble suite unto your Lordship, that if either your Lordship, or any man else have any thing by way of crime to lay unto my charge, that proclamation (according to the custome of this bench) may be made, that my accusers may come in, and I doubt not but by Gods assistance, to make a cleare, just, and satisfying defence for my selfe, for I am conscientious of my owne actions, sayings, and doings, and my conscience tels me (I blesse God for it) that my innocency, integrity, and uprightnesse, (in reference to my conformity to the lawes of England) is such, that I need not to be afraid of the face or complaint of any man breathing: onely this favour I humbly crave at your honours hands, that in case upon proclamation a charge be laid against me, that then you will be pleased to give me &illegible; or 3. houres time (which is the most that I desire) to read and consider upon the charge, and to recollect my thoughts: which favour if I may enioy from you, I doubt not but to make a full satisfactory and iust defence: whereupon the Court caused inquisition to be made, whether any thing was come into the Court against me or no?

Answer being returned, there was nothing at all, upon which the Recorder, Mr. &illegible; was pleased to tell me that there was nothing come into the Court against me, so that he said, Mr. Lilburn, here is nothing to be laid unto your charge.

Upon which I addressed my selfe to the Lord Mayor, and said my Lord, seeing I am by the House of Commons referred to this honourable bench for a legall tryall, and the bench certified me they have nothing to lay to my charge, I being a free man of England, (a Kingdome that professeth to be governed by Law, and desiring for my part, no longer to live in the Kingdome, and to enjoy the benefits of the liberties thereof, then by my life and actions I declare a submission and subjection to the lawes thereof established) I therefore according to Law, seeing that you have nothing to lay to my charge, humbly intreat your honour, that I may be released from my illegall and unjust imprisonment, for give me leave to tell your Lordship that the law is in a manner, as tender of a free mans libertie, as of his life, and will not have it easily or upon slight grounds taken from him, or when it is taken to be continued; for my Lord, the law doth not &illegible; that a freeman, (whatsoever his crime be) shall be cast into prison and there destroyed, much lesse that a free man shall be committed to prison and there destroyed, having committed no crime, which is my cases but the Law is so tender in her &illegible; of providing for the free men of this Kingdome, that free doth command, that if any free man be committed for what crime soever, or upon what pretence of a crime soever, that he shall not there lye, to be murthered or destroyed, but that he shall with all convenient speed be brought to a publique, open, just and legall tryall; and if he be found a transgressor of the law, to suffer punishment according to the law, and not otherwise, (read the whole petition of Right) or if he have not transgressed the law, that then he shall without delay be delivered, and he punished according to the law, that hath wrongfully molested him, contrary to law, and therefore my Lord, I being a free man of this Kingdome, and arbitrarily kept in prison, and this honorable bench telling me, that there is no crime laid to my charge, I humbly desire of you my iust and long expected libertie, upon which the Recorder stood up and said.

Mr. Lilburn, you desire that of us which lyes not in our power to grant you, for you were not committed by us, the which if you had, we ought then in this case to have given you your libertie: but you are committed by a higher power, even by the House of Commons it selfe, which if you please rightly to consider of that order which you have even now read, you may easily perceive that they have but only made a reference to us to try you according to law; and seeing nothing comes in against you, we are to certifie the house thereof, from whom you are to expect your liberty, and I doe assure you, I will make a motion to them that you may: For which I humblie thanked him, but still addressed my selfe to my Lord Mayor, and said, may it please you to take notice that by the order of the House of Commons, I am referred to this bench to receive a tryall according to law, and you your selvet doe tell me that you have no transgression of the law to lay to my charge, and therefore, I thinke it is just and according to law, that you should give me my libertie; but seeing you tell me you cannot, I have two things to propound unto your Lordship and this bench, and humbly to desire of you, but shall leave you to chuse which of them you please.

First, that seeing I am referred to you for a legall tryall, and you tell me there is nothing I aid unto my charge, and yet tell me you cannot give me my liberty, &illegible; in the first place I humbly intreat your Lordship, and the rest of the bench, to give it me under your hands by &illegible; of Certificate, that here is nothing come in against me, that so I may get some of my friends effectually to declare it to the Hous, and move them for my libertie; or if you judge this &illegible; convenient, then secondly I make it my humble suite to Mr. Recorder, (being a Member of the Honourable House of Commons,) that he will be pleased not only to promise me to move the House, but effectually, cordially, and speedily to doe it, that so I may without delay injoy my long desired and just libertie, and no longer be liable by multitudes of provocations, and my owne pressing and urgent necessities, to &illegible; such a course for my libertie, as will be neither for the honour not credit of those that committed me hither, although it be as little for my profit, for necessity hath no Law: So Mr. Recorder promised me that he would fulfill my desire, and I tooke my leave of them; and an I withdrew, I could perceive divert people (which to me were strangers &illegible; be much affected with my condition, and &illegible; the Lord blesse me for I was an honest man, and stood for their liberties.

Within two or three dayes after this, I writ a letter subscribed, For the right honorable, the Lord Mayor of the honourable Citie of London these humbly present.

MAy it please your Lordship to youthsafe me the libertie, to put your honour in mind of the promises that was made unto me at the late Sessions, where your honour was present, which was, that Mr. Recorder would speedily move the House of Commons, that I according to law and justice, might speedily be delivered from my causelesse imprisonment, I have affirmed the boldnesse to send my wife to present your honour with these few lines, humbly intreating your honour to declare unto her what is done for my libertie, so justly my due, and what I may trust too in reference to it, so craving pardon for my boldnesse, I humblie take my leave, and rest.

My Lord your honour most humble
servant John Lilburn.

New-gate this 11.
Octob. 1645.

And within three dayes after the writing of this letter, I received an order for my discharge, which thus followeth.

Die Martis 14. Octob. 1645.

MR. Recorder acquainted the House, that two Sessions were now passed since Lieu Col. Lilburn was removed to Newgate, and had continued a prisoner there, and that no information or other charge had been yet brought against him, and at this last Sessions, he humblie desired either to be tryed or to be discharged. And it is there upon resolved upon the question, that Lieu. Col. Lilburn be forthwith discharged from his imprisonment.

To the Keeper of Newgate
or his Deputy.

Hen. Elsing.

Cler. Par. D. Com.

So that all the world may cleerly see, that for all William Prinnt and his Associats inveterate mallice, I have had a farre comming of, and an honorable deliverance from my imprisonment; but before I conclude, I must returne againe to his sencelesse book called the Lyar confounded, which came out the same day, that J was freed from my imprisonment, in the 17. page of which he taketh occasions to speake of printed libells of mine (as he is pleased to call them) and of a letter written by an utter Barrester to his speciall friend, concerning my imprisonment, and affirmes that they are but malicious, scandalous libells, and fire brands of sedition, to excite the ignorant vulgar, and Separates of his faction, against the Parliament, and promote some Anabaptists long agitated, and late detected conspiracie; to root out the members of this Parliament by degrees; beginning with Mr. Speaker, whom if they could cut of, all the rest would easily follow: and if this succeeded not, then to suppresse and &illegible; of this Parliament, by force of Armes, and set up a new Parliament of their owne choice and faction, to which conspiratie all Lilburne &illegible; papers, &c. were but so many preparitives and incentives to prepare the people to joyne with, and assist them in this damnable traitorly plot.

To which I answer, that William Prinn it so lavish of his tongue, that few regards what he saith, And J am very confident that he cannot in the least make any part of this affirmation good, unlesse it be by witnesses, that makes as little conscience what they say as himselfe, I could pay and &illegible; William Prinn about this charge, having already taken a little paines to discover the bottome of it since I got my libertie, and severall times I have beene with the Lord Mayor of London about it, who once had out Williame in his power, that made it his worke to got up and downe London, reporting, that I was the bend of a faction, of 30000 men, who had a bloody designe in hand, but in regard there are more considerable persons concerned in it, then W.P. and in regard I take no delight to contest with more then absolute necessitie, I shall reserve the &illegible; of William Prinns deep designe in this groundlesse accusation, to take away my list, for a reserve unto these lines, in which J doubt not but to cudgell him, as foundly as ever he was in his life, and also electly make it appeare, that his study and practice is principally to be an &illegible; against honest, peaceable, and well meaning men; and to blow the coales of division in the state and Kingdome, to the apparent hazard and danger thereof, being in this particular an absolute &illegible; of whom it was said before he was born, Gen. &illegible; that he should be a wild man, his hand will be against every man, and every mans hand against him, and in my conception one maine visible and of his so doing, is a proud and pecuniary end, that so he might be popular and esteemed some body in that he contests with every bodie (though himselfe knowes not wherefore) the ready way to beget unto himselfe multitudes of clients, thereby to fill his pockets with the unjustices of contention and strife;

Whereas if William Prinn were truly for the peace and prosperitie of the Common Wealth, (and not absolutely for his owne interest) he would importune the Parliament, to make a few plaine and easie (to be understood) lawes, which might command the speedy ending of all differences betwixt man and man, amongst some competent judges of the same neighbourhood, where the difference doth arise, and in case of difficultie of judgements, to have no other appeale, but either to their &illegible; Countie Assizes, or the next Parliament, where the truly contentions, and unwilling to be at peace, might be soundly paid for their jangling, which way would rid the Kingdome of one of the unprofitable kind of cattle remaining in it, namely William Prinn, and his jangling Associates who at the best are but an uselesse rabble, appropriating, lying and purse-milking generation.

But as for his bitter charge of high treason against me, I blesse God, J groundedly know the innocency and integritie of my heart to be such, that I may and doe with confidence sound a loud Trumpet of desyance to him and all his Associats in England, groundedly to fix upon me, and legally to prove against me, the least appearance or suspition of any such thing, as he publiquely in print, (licenced thereunto by Authority,) declares me guilty of, to the view of the whole Kingdome, namely, that I have conspired with other Separates and Anabaptists to root our the Members of this Parliament by degrees, beginning with Mr. Speaker, whom if we could cut off, (he saith) all the rest would easily follow: And if this succeeded nor, then to suppresse and cut of this Parliament by force of Armes, and set up a new Parliament of our owne cholee and faction.

Looke to it Prinn I advise you, and put fotth all your skill to make your charge good, for this J doe protest, I am resolved by the strength of God, to put you to it, and to have against you both law and justice; if there be any to be had in England: Or else I am resolved to lye in the dust, for so large experience have I had of this maxim, that honesty is the best policie, that it makes me considerly beleeve, uprightnesse begen boldnesse, and that as Solomon saith, he that walketh uprightly, walketh surely, and that the righteous are as bold as a Lyon, and therefore W. Prinn &illegible; not, but I may live to see the time that equitie, justice and truth shall flourish and take place.

Surely having so many potent and bitter enemies as I had when I was in prison, if they or he, had had any just ground for this that he saith, they would have tript up my heeles, and laid me in the kennell without mercy or compossion; but the honourable house of Commons discharging me out of New-gate by vote, as they did, is a cleere demonstration to me, (and I thinke to the whole Kingdome) that they judge me to be an honest man, and free from any such thing as Prinn maliciously accuseth me off; and their dealing with me in that particular, makes me confidently beleeve that the most of them intends to doe me justice and right, not only against my former oppressors, but also against my late ones, for taking my liberty (contrary to their own Law) away from me, which Law made, this present Parliament in the act for abolishing the Starchamber saith, that from henceforth no count, Councel, or place of Judicature, shall be erected, ordained, constituted or appointed, within this Realm of England, or dominion of Wales, which shal have, use, or exercise the same, or the like jurisdiction, as is or hath been used, practised or exercised in the said Court of Starchamber: And he it further provided & enacted, that if any Lord Chancelour, or keeper of the great Seal of England, Lord Treasurer, keeper of the Kings Privie Seal, President of the Councell, Bishop, temporall Lord, Privie Counsellor, Judges or Justice whatsoever, shall offend or do any thing contrary to the purpoet, true intent and meaning of this Law, then he or they shall for such offence, forfeit the sum of good of lawful money of England, unto any party grieved, his executors, or administrators, who shall really presecute for the same, and first obtain judgment, thereupon to be recorded in any court of Record at Westminster, by action of debt, bill, plaint, or information, wherein no Essoine, protection, wager of law, and prayer, priviledge, injunction or order of restraint, shall be in any wise prayed, granted, or allowed, nor any more then one imparlence.

And if any person against whom any such judgment or recovery shall be had as aforesaid, shall after such judgement or recovery offend again in the same, then he or they for such offence, shall forfeit the sum of a 1000. l. of lawfull money of England, unto any party so grieved, his executors, or administrators, who shall really prosecute for the same, and first obtaine judgement thereupon, to be recorded in any court of Record at Westminster, by action of debt, bill, plaint, or information, in which no Essoigne, protection, wager of law, and prayer, priviledge, iniunction, or order of restraint, shall be in any wise prayed, granted, or allowed, not any more then one imparlence.

And if any person against whom any such second judgement or recovery shall be had as aforesaid, shall after such iudgment or recovery of offend again in the same kind, and shall be thereof duly convicted, by inditement, information, or any other lawful way or means, that such person so convicted, shall be from thenceforth disabled, and become by vertue of this act uncapable, Ipso facto, to bear his, and their said office, and offices respectively, and shall be likewise disabled to make any gift, grant, conveyance, or other disposition or any of his lands, tenements, heriditaments, goods, or &illegible; or to take any benefit of any gift, conveyance, or legacy to his own use.

But it may be obiected, what is this to you, who have not to deal with any Courts here named, but with Committees of Parliament, who are branches of a legislative and arbitrary power, and so not tyed to this rule? to which I answer thus, that though I have to deal with those that are not here named, yet (I conceive) they are intended aswell as any exsprest: Again I say, a Committee of the House of Commons, is not the whole Parliament, no not the whole House of Commons it selfe, according to their owne principles, and therefore in my iudgement, they are not to act contrary to a known and received law, and therefore cannot iustly imprison any man contrary thereunto, neither by a Committee of theirs, nor by the whole House of Commons it self, they being not recording to their own principles, the whole Parliament but a part of it, and therefore that which is established by the whole (as &illegible; is by; Estates, and an ordinance by a Estates) cannot iustly be &illegible; by apart &illegible; the House of Commons, but one estate, much lesse by one of their Comittees, which is but a &illegible; of this one estate, but much lesse can it iustly be done, by a Comittee that had no power at all given them by any one estate, to do with me as they did: and therefore (for my part) I iudge a law to be a law, untill it be made void by all the 3. estates that made it, or at least by the a estates ioynely, that takes upon them to make ordinances in this time of necessity, to make void a law at present, and besides an ordinance, I iudge to be an ordinance, and binds those that made it as well as others, till such time as the same power that made it, do abrogate it, or at least, till such time as as great and declared a necessity compell the House of Commons one estate, to act singly by an order, as doth now the a estates of Peeres, and Commons, to &illegible; by an ordinance, and therefore I am absolutely of this mind, that &illegible; Committee of the House of Commons, nor the whole House of Commons &illegible; &illegible; &illegible; imprison me, or any other, contrary to a law, against &illegible; at present there is not some ordinance made both by them and the Peeres &illegible; &illegible; &illegible; to overthrow it. But I have severall times been imprisoned &illegible; &illegible; and by vote of the House of Commons it self, contrary to a knowne law, &illegible; this present Parliament by themselves, against which there is at present no ordinance published and declared by them and the Peeres, for the cognisence of: &illegible; (I say) they are tyed in Justice according to the renour of this law, to give me reparations against those persons that were chief instruments, either in Committees, or in the House of Commons it selfe, to vote and take away my liberty &illegible; me, contrary to this law, and for my part, I do accordingly expect my reparations, for my late causelesse molestations and imprisonments, for as the proverb is, honest men will alwaies be as good as their words, but J (according to charity) iudge the maior part of them to be honest men, and therefore do Iustly exspect, that they will make good to me, &c. their owne voluntary ingagements votes, oathes, protestations, and declarations, in which they have protested before heaven and earth, and called the great God therof to hear witnesse, that their designes, aymes, and intentions, were pure for the preservation of the laws, liberties, and proprieties of the free men of this Kingdom.

And whereas Prinn and other time servers do keep such a stir about the priviledges of a Parliament man, as if one single Parliament man had as much and as many priviledges, prerogatives, and immunitives, as the whole, or as if there were a kind of Drity or infallibity conferred upon every member of the house of Commons, as soon as he comes within their doors, a though after that time he were no more subiect to law, nor could do any more evill (I say) such parafires and flatterers may as iustly be called the Parliaments wicked Councellors, as ever Strafford, Canterbury, Digby, or Cottington, might be called the Kings, and for my part, I iudge such principles is destructive to the peace and welfare of a common-wealth, as in maintaine that a King hath no other rule to walk by but his own will, and that he is accountable to none for his actions, but God onely: and for the priviledges of Parliament, I think I cannot be bound to take notice of any, but what is publiquely declared, but no such priviledge (that I yet ever knew of) is declared, that a Parliament man, or a Committee of Parliament, may do by me or another, as of late I have been dealt with and therefore I conceive, I may iustly say without breach of their priviledges, that I have been uniustly dealt with in my late imprisonment, to be imprisoned so contrary to the known and declared laws, I have been without either cause shown, or a legall tryall.

And for my part my iudgement is, that no government can be iust or durable, but what is founded and established upon the principles of right reason, &illegible; and &illegible; justice, equity and conscience, and sutable to these principles were my actions and carriage towards the Parliament, during my late imprisonment in Newgate, as by the Coppy of this ensuing letter will appear, which then followeth.

To his much honoured and approved friend, Mr. Cornelias Holland, Member of the honourable House of Commons, present these.

Sir,

I Am informed, it is conceived by the honourable House of Commons, that I have said or done somthing tending to the dishonour or disturbance of the Parliament, and that thereupon they have apprehended iust cause to commit me Prisoner to Newgate:

Sir, I was divers times before apprehended by Messengers, and after committed to safe custody, without cause shown, or witnesse brought forth to accuse me of any thing, twice I have been examined upon interrogatories, in way of crimination against my selfe, all which I apprehend to be contrary to the Law of this land, and against the rules of common equitie and justice, and so not justifiable in any authority whatsoever.

That the liberty of my Countrey, and a iust Parliamentary authority, have been and are precious in my esteem, both my former, and latter services and sufferings in their iust defence will sufficiently witnesse.

Much instigation there hath been against me, by some who are opposite to me in iudgement, about matters of Religion, and many evill Offices have been done unto me (God forgive the Authors thereof) I have beene much afflicted, and somewhat I may (unawares) have been provoked, there being no perfection in me, nor any others on earth. Yet my iudgement is, that the well being of the whole Nation (wherein my owne is necessarily included) doth (under God) depend on the iust proceeding, and quiet continuation of this present Parliament, and I professe it never entered into my thoughts, to speake or do any thing rending to their dishonour or disturbance, neverthelesse if I have said or done any thing, which to the apprehension of that wise and honourable House seemeth to tend thereunto, it is my extream grief, and I am heartily sorry for the same, and if you shall be pleased to represent me to the honourable House in these my humble and true expressions, it may be a mean to mitigate their displeasure conceived, and to restore me to a better construction, and their iust favour, which is the earnest desire of him who is,

Sir,                                   
Your most humble servant,

John Lilburn.

From the prison of Newgate,
     this 27. Sept. 1645.

I shall now-take a little liberty to declare unto the world my condition from time to time, that so (for all Mr. Prinns reproaches) they may cleerly see, I have drawn on no designe, but that which is iust and honest: I shall begin with my imprisonment by the Bishops, in which (besides the losse of my liberty, and of those grounded hopes that I had of a comfortable living in the Low-Countreys by my industry, and besides all those cruelties that I endured in that captivity) I lost (besides all this) the present affection of my Father, and it was upon this ground, he being then in a long tedious and chargeable suite for all his land, which had lasted and continued some scores of yeeres, and cost him some thousands of pounds, and having not long before my imprisonment been heard before the King and his Privie Councell, where my Father (for all the extraordinary potency of his adversaries at Court, who were of the highest rank there) had a fair proceeding, but afterwards I coming into trouble, and contesting with the Bishop of Canterbury, the crafty subtile For (when he perceived that I was not of a flexible disposition, but refused to stoop to his will) fell pell-mell upon my Father, (who then was not out of the bryars) and so frighted him (as then by his potencie he could do any man in England) that he looked for nothing but suddain destruction from him: And all this he did to get him to be the instrument to make me bend and submit, but God comming in with strength to enable me to withstand this tempeation, it caused no small anger to proceed from my Father towards me, which made me resolve (after I was freed from my imprisonment in the Fleet) to go beyond Sea as a Factor, which I was prest unto by some in London, but the House of Commons making so much use of my imprisonment, and illegall sufferings under the Bishop: and with all went on solegally and iustly in the examination and voting of my busines, that it gave grounded hoper to me that I should be possessor of a speedy & large reparation from them, and the rest of my uniust Judges in the Starchamber, which moved me to think of feeling of my self in England, that so I might both follow a calling for my livelihood in the world, and also my businesse in the Parliament, and accordingly my Vnkle Mr George Lilburne, and my self, fell into propositions of managing of a Brew-house and about 1000. l. he put in into it, and not long after I married, where I blesse God with industry and paines, I in short time raised a compitent trade in a house, that had none in it before, and within a short time after upon agreement betwixt us, he turned it all over to me:

But these wars immediatly coming on, I gave it over (as before is mentioned) the stock according to my books, in debts, &illegible; and other things laid out about it, amounting to above 1500. l. and so successefull was the blessing of God upon my endeavors, that I never compounded (for all the losses I had that yeare, I was in Oxford) either with my Unkle or any other creditor I had, but have in a manner) faithfully paid and discharged all my debts, though when I gave over, I was necessitated to put of many of my commodities at easie rates, and by reason of hast, lost in one parcell of coales, I am confident above 200. l. that in two months after I had sold them they would have given me.

Well then into the wars I went, where I am confident all the while I was in them, I plaid the part both of an honest, active and stout Commander, and was as ready and willing to adventure my life as any man J marched a long with, at Kenton field, was I plundered, and at Branford lost I (in a manner) all that I had, and after a long fight there with a handfull of men against the Kings whole Army, my person after I had severall times scaped the danger of drowning, was taken a prisoner, and this I dare say of that peece of service, that the Parliament, the Citie, and the whole Kingdome, owes not more to any one particular number of Commanders and Souldiers, and for one particular ingagement, then they doe to my selfe and the rest that was in that at Branford, who (under God were not only) the &illegible; of the Traine of &illegible; (which then with a slender guard was at &illegible;) but also of the whole Citie, and consequently of the Kingdome, although we were sent thither without Ammunition.

For when we had the &illegible; first, we had neither provision, (that I &illegible; of) of March, Powder and Bullet; but were necessitated to ransacke the &illegible; and houses in the town for our present supply, and although I &illegible; freely adventured my life there is any man whatsoever, and put forth the utmost of my skill, resolution and &illegible; yet I had but a little ground for it, having resolved to give over my foot company to my Lieutenant, which was upon this ground, immediatly after &illegible; &illegible; I was from Northampton sent &illegible; to London upon speciall businesse, by my Colonell, the truly honorable Lord Brooke, and divers of my friends in London, pressed me to give over my foot command, and take the charge of a troop of Horse, in the new Armie, under the Earle of Warwick, unto whom (with a Citizen known to him) I went to desire a Commission for that end, who wished me to bring unto him a Certificate of my fitnesse from any of the Aldermen or Militia men of &illegible; in London, and it should be done, unto whom I went, and had from divers of them upon my bare desiring of it, this which followeth.

VVEE whose names are here under written, being of the &illegible; for the Militia of London, and others, doe upon our knowledge, testifie that Capt. John Lilburn is a man both faithfull, able, and fit to be Captaine of a Troop of Horse (having shewed his valour at the batell of &illegible; as we are credibly informed) unto which service we desire he may be admitted, and for that &illegible; of his friends Citizens of London, will furnish him with horse for that purpose.

&illegible; 11. Novemb. 1643.

&illegible; Worner. &illegible; &illegible; &illegible; &illegible; &illegible;
&illegible; Wright. William Gibbs. Thomas &illegible;
Richard Chambers. John Towse. John &illegible; Knight.
John &illegible;

And after I had goe this certificate before I went for my Commission to the Earle of &illegible; I went to my Lord Brooke, (whom I found at Esses house with the Lord Generall) and after I had acquainted him with my intentions, and desired him to settle my foot company upon my Lieutenant, his Lordship replyed, Lilburn the King is at Coalburn, and I doe verily beleeve, we shall speedily have an other &illegible; with him, and therefore I intreat thee doe nor leave me, and my Regiment now, for I hope we shall be at him, and the wars will be at end before then canst get a troop of horse raised, and therefore if thou leavest me now, I shall thinke thou art either turned covetous, and therefore would have a troop of horse for a little more pay, or else thou act turned Coward, and therefore would leave thy foot company, now when we are going to fight, and J doe beleeve (saith he) shall doe it to morrow; unto which I replyed, my Lord, it is not &illegible; for me to make comparisons with you, but this give me, leave to tell your honour, that because you shall know that I am as free from covetousnesse or cowardlinesse as your selfe, J will take my horse (for all it is so late) and post away to Branford to your Regiment, and fight as resolutely to morrow, as your Lordship shall, although I have already surrendred up my company to my Lieutenant; and promised him to solicite your Lordship to confirme him in it, so away I went, and (I thinke) it was about 9. a clocke at night before I got thither, and this I am sure off, that in the morning when we had the Alarum, all the horse left us, which were about 10 or 12. troops, and Lieu. Col. &illegible; drew out so much of Col. &illegible; Regiment as was there, and that part of our Regiment which was there having neither Col. Lieu. Col. nor Serjant Maior to order and command them, did faire and easily on their owne &illegible; march out of the towne towards London, of which when I heard, I galloped after them, and put them to a stand, at the head of whom, I made the best incouraging speech I could, and &illegible; those Colours that were mine into my owne hands, and desired all those that had the spirits of men, and the gallantry of Souldiers, and were willing resolutely to spend their bloud for the good of their Countrey, and to preserve that honour that they had lately gained at &illegible; battell, to follow mee (who promised not to leave, them, so long as I was able to fight with them) which promise by Gods assistance I performed, and had those whose hearts failed them, to march backe againe to London.

Upon which they all faced about without any more dispute, and I led them up &illegible; the field where their fellow Souldiers the Red &illegible; were, which ground with them we maintained divers &illegible; together in a bloudy fight, like resolved men, although I beleeve, we were not &illegible; effective fighting men against the Kings whole Armie, who hotly plyed us from severall places both in front and &illegible; with &illegible; and &illegible; and we had neither breasts-worke, nor &illegible; nor any other defence, but one little bricke house, and two or three hedges.

And having lost my libertie here in this fight, I endured a hard imprisonment at Oxford, and stood as close to the Parliaments cause there, as any prisoner whatsoever, and I am sure spent not a little money there, and was &illegible; ready to helpe &illegible; poore man to the utmost of my abilitie, as the richest man there, and have divers &illegible; of money that I &illegible; unto the Parliaments prisoners there, to keepe them from starving, yet owing me, but I must confesse at my comming out from thence, my Lord Generall Essex used me the most honourable and noblest of any man, that ever J yet had to &illegible; with in the Parliaments service, which J have often acknowledged, and judge my selfe still obliged in point of gratitude to doe as long as I live.

But having some invitation to goe downe to Lieu. Gen. Cromwell (my old friend that goe me my libertie from the Bishops Captivitie) in the Earle of Manchesters Armie, which I found then at Lincolne with whose men on that day they attempted the storming of the castle there, I freely adventured my life, though I had no particular command amongst them, and after the gaining of that, I was made Major to Col. King, my Commission bearing date the 7. October 1643. and soone after, I had this Commission, I came to London, during which time Col. King imprisoned divers of his Officers, and divers of the townes people, and some of Lieu. Gen. Cromwells Troopers, for assembling together at a private meeting in a most dispitefull and disgracefull manner, so that when I came downe to Boston againe I found all things in peeces which I was so far from fomenting as Col. King, himselfe cannot but acknowledge that I put forth the utmost of my &illegible; to soulder together, and pacified Captaine Cambridge my owne Lieutenant, &illegible; and the honest people in the Towne, who if I had not been, had immediatly &illegible; against him, before ever he had beene well &illegible; in his governmentship, of Boston and Holland. I also rid to Steford to Lieu. Gen. Cromwell, with whom and his officers and Souldiers, I used the best of my interest, to make peace, which I accordingly did, although divers of the Souldiers in Lieuten. Gen. Regiment &illegible; so exasperated, that they were resolved either to lay downe their Armes, or to get him punished for abusing of them, and be comming to the Lieutenant Generall to Steford, was so well pleased with me, and what I had done for him, that he immediatly gave a Commission of his owne making under his hand, to my eldest brother in these words.

BY vertue of a Commission to me directed, from the right honorable Edward Earle of Manchester, Serjant Major Generall of all the associated &illegible; of Essex, Norfolke, &illegible; Lincoln, Cambridge, &c. authorizing me to raise a Regiment of Horse in the County of Lincolne, I doe hereby constitute and appoint you to raise and &illegible; what horse and men you can in the &illegible; of &illegible; on Holland and in the parts of &illegible; in Lincolnshire, and to &illegible; and take all such &illegible; as have beene plundered and sold by Souldiers, and the same to imploy to the service of the Kingdome and Parliament, given under my hand at Steford the 19. day of Decemb. 1643.

Edward King.

To Capt. Robert Lilburn.

And upon farther discourse betwixt him and the Lieu. Gen. who with his &illegible; was shortly to leave Lincolnshire, and &illegible; to his Generall, &illegible; Col. King the &illegible; and fittest man then that he knew in Lincolnshire, &illegible; &illegible; of the &illegible; he and Col. King immediatly sent &illegible; post to the Earle of Manchester at Cambridge, for the &illegible; and inlarging of his Commission, and after I had given the Earle an account as exactly as I could, of things in Lincolnshire, and particularly of his carriage at Boston, which he particularly inquired of me, I rendered him as acceptable as I could to my Lord, out of no other &illegible; in the world, but that the publique affaires might flourish and prosper which J &illegible; much hoped he would be an instrument in part to effect, and I brought him from my Lord a Commission to be governour of the Citie of Lincoln, and the County thereof, and continued an extraordinary and fair, &illegible; &illegible; with him a good while after, till such time that his two &illegible; (the &illegible; of &illegible;) Mr. Lee and Mr. &illegible; set us together by the &illegible; (the proper and true worke of the &illegible; of the most of that &illegible;) which two did add such &illegible; of such to the &illegible; of his pride, that he &illegible; &illegible; &illegible; as an &illegible; and by his &illegible; and the will of his Bishop Lee, would make us march backward and forward as he pleased when and where he had a mind, without calling a Counsell of War to &illegible; with his Officers, whose lives were principally to be ingaged in the things hee went about, the first finder &illegible; with which I my selfe was, and yet at that &illegible; time obeyed the &illegible; from which &illegible; forward the &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; and greater, in so much that when we &illegible; &illegible; the &illegible; Newarke, although he received some thousands of pounds of the Lincoln Committee (as some of them have told me) to pay his Officers and Souldiers with, yet (for my part) I could not get one 6. d. of it, although I paid my quarters all the time I was under his command, both for my selfe, wife, &illegible; and horses, and spent above (I dare safely say it) 100. l. of my owne money, besides what I received as my pay from him, although as some of the Committee of Lincoln (doe in the 19, Article exhibited to the House of Commons against him, and now in print, affirme) he hath received vast sums of the Countreys money, amounting to about 10000. l. much of which they say he hath levied in an illegall and &illegible; way, and issued our accordingly.

And although William Prinn be so impudent in the fourth page of his booke, falsly to affirme that Col. King imprisoned and &illegible; me, for my seditious and schismaticall carriages; yet I affirme and will maintaine it, that my carriage was as peaceable, quiet, just and as free from janglings or contestations as any Officer that ever Col. King had under him, and I am confident it William Prinn inquire of the best sort of the inhabitants of Boston, that were not the Col servants and meer creatures, he will heare of a better report of me then of him, and Col. King himselfe will confesse, that he never imprisoned me in his dayes, nor never had any just cause so to doe, and for his cashering of me, I know not that ever he did so, for I my selfe was &illegible; of his company, and forsooke it, but I confesse I did the best I could to &illegible; him, first of his Regiment of horse and Dragoones, which Col. &illegible; had at Newarke, and then secondly of his Governmentship of Lincoln and Boston, and did the best I could to bring him to a Councell of Warre for all his miscariages in his Generallship, as he indeavoured to have himselfe &illegible; (although he was never but a Captain of Dragoons before) & I am confident, had it not been for the interest of his two Chaplains with the Earle of Manchesters two (&illegible;) &illegible; namely Mr. Ash and Mr. Good, whose interest with their Lord J beleeeve in that particular over-ruled his judgement, and truth it selfe, although at Lincoln Citie he was pressed unto it by very considerable persons, in regard that the Committee there had a very high charge against him, and also the &illegible; Aldermen, and towne Clarke of Boston, had another as high, which they came to Lincoln on purpose to present unto his Lordship. And thirdly divers Officers in his Army had a charge as high as either of the former against him, which J &illegible; confident if they could have gotten justice (as they ought to have had at the hands of my Lord being his Generall) would legally and justly have reached to his life, for all the &illegible; flourishes that now he makes, and both Prinn and &illegible; in his behalfe.

But it may be objected by some, that I speake &illegible; out of &illegible; there being &illegible; ground for what I say against him, seeing I and others accuse him for receiving great summes of money of the Countrey, which he never did, and hath already taken his oath of it, and therefore as little truth there is in all the rest as in that.

For answer to which, I shall at present only desire you to read the copie of a few papers which I have lately received from the hands of one of the chiefest of the Committee in Lincoln, and then iudge betwixt Col. King and his &illegible; the copie of which papers &illegible; followeth.

18. January. 1644. at the Committee for &illegible;

Colonel Edward King, according to the letter or warrant sent unto him, &illegible; the 12. day of this instant Jan. appeared before this Committee the day above said, and upon oath declared, that neither himself, nor any other to his use received or collected any monies to the use of the Common-wealth, but only issued out warrants by commission from the Earle of Manchester for the levying of some &illegible; which monies were collected and paid to Mr. Cornwallis, of &illegible; and Mr. Edward &illegible; of &illegible; Treasurers appointed for receiving the same, and that he did issue out warrants to the said Treasurers, for the payment of some of the said monies to the Souldiers, and other Officers, according as he received order from the said Earle, which warrants remain in the hands of the said Treasurer?

Ed. Hartly Reg.

Jan. 9. 1643.

Received the day and year above-written, of The Cornwallis Esquire, Treasurer of the parts of &illegible; and Lindsey, the sum of 1350. pounds, I say received the sum of 1350. pound,

per me Edward King.

To Mr. Cornwallis Treasurer as Lincolne.

I pray you pay upon sight of this Note to this bearer Tho. &illegible; 500. pounds, and this shall be your warrant,

Boston, Jan. 24. 1643.

Edward King.

Jan. 26. 1643.

Thom. &illegible; &illegible; then servant to Col. King.Received by the appointment of Col. King, the sum of 500. l. for the service of the State, of Tho. Cornwallis Esquire, Treasurer to the Committee at Lincolne, I say received the day and yeare &illegible; written, 500. l.

per me Thom. &illegible;

To Mr. Cornwallis Treasurer.

Pay unto the bearer hereof John Cole, the sum of 350. l. and this shall be your warrant, Given under my hand this 26. of Jan. 1643.

Edw. King.

Ian. 26. 1643.

Cole &illegible; then his servant & of his lifegardReceived the day and date abovesaid, of Mr. Cornwallis Esquire, the sum of 350. l. by the appointment of Col. King, I say received the sum of 350. l.

per me Iohn Cole.

To Mr. Cornwallis Treasurer, Ian. the 30. 1643.

Pay unto Mr. &illegible; Commissary, the sum of 200. l. for any use, and this shall be your warrant.

Edw. King.

Received upon the sight of this Note, of Mr. Cornwallis Esquire, at this present, the above mentioned sum of 200. l.

per me Rich. &illegible;

For Mr. Cornwallis Treasurer.

Pay unto Thom. &illegible; upon sight hereof, the sum of &illegible; l. and this &illegible; be your warrant, dated this 6th. of February, 1643.

Ed. King.

Febr. &illegible; 1643.

This Howett was then a me &illegible; servant to him.Received the day and &illegible; above written, of Thom. Cornwallis Esquire Treasurer to the Comittee at Lincoln, by the appointment of Col. King, for the payment of his Souldiers, I say received the sum of 700. l.

Tho. Howett.

To Mr. Cornwallis Treasurer,

According to the order of the Committee of Parliament, I desire you to pay unto Capt. &illegible; &illegible; the sum of 400. l. the 6th of Febr. 1643.

Edw. King.

Febr. 8th. 1643.

Received the day and year above-written, of Thom. Cornwallis Esq. Treasurer to the Committee at Lincolne, the sum of 400. l.

D. &illegible;

To Mr. Cornwallis Treasurer,

This Howett &illegible; then his servant,I pray you pay unto Tho. Howett, the sum of 600. l. and this shall be your warrant, Given under my hand this 13. of Febr. 1643.

Edw. King.

Febr. 18. 1643.

Received of Thom. Cornwallis Esquire, Treasurer to the Committee at Lincoln by the appointment of Colonell King, the sum of 600. l. for the payment of the souldiers, I say received,

per me Tho. Howett.

Sir, I pray pay to Capt Dickons to enable his Troop to match, 95. l. and to Mr. Skipper to pay the State-Regiment at Gainesborow 400. l. I hope in this strait you will be carefull to use all diligence to get up monies, I remaine,

Your most faithfull friend

Edward King.

Sterford the 26th. of February 1643.

Received of Mr. Thom. Cornwallis, by the appointment of Colonel King, the sum of 95. pounds, this 26. of Febr. 1643.

per me Will. Dickons.

Febr. 27. 1643.

Received the day and year above-written by me Rich, Skipper, of Mr. Cornwallis Treasurer, by &illegible; of Colonel Kings order for his use, the sum of 400. l.

per me Richard Skipper,

Mr. Cornwallis I desire you to pay this bearer upon sight hereof, the sum of 100. pounds, for the service of the State,

Sterford this 28th. of Febr. 1643.

Edw. King.

Febr. the 29. 1643.

his servant,Received the day and year abovesaid of Tho. Cornwallis Esquire, according to him directed from Colonell King, for the use of the State, the sum of 100 pound, I say received the sum of 100. l.

per me Rich. &illegible;

To Mr. Cornwallis Treasurer.

I pray you &illegible; unto Tho. Howett, the sum of &illegible; l. and this shall be your warrant, Given under my hand this 8th. of March, 1643.

March, the 18th. 1643.

Received by the appointment of Colonel King towards the payment of his Souldiers, the sum of two hundred pounds, I say received the said sum of Tho Cornwallis Esquire, Treasurer to the Comittee at Lincolns,

per me Thomas Howett.

To the Treasurer to the Committee at Lincoln, Tho. Cornwallis Esquire.

These are to require you forthwith to pay unto the bearer hereof &illegible; &illegible; the sum of two hundred pounds, and for so doing this shall be your &illegible;

Given under my hand this 26th of March, 1644.

Edward King.

March 26. 1644.

Received this day of Thomas Cornwallis Esq. two hundred pounds, according to this Note,

per me Sam. Leight, witnesse Rich. &illegible;

March, 27. 1644.

Received of Thom. Cornwallis Esquire, the sum of 293. pounds, I say received.

Edw. King.

11. Novemb. 1643.

Mr. Watson pay unto Mr. Parnell 30. pound for my use, and this shall be your warrant,

Boston,

Edward King.

11. Novemb. 1643.

Received in full of this warrant 30, pound,

per me Thom. &illegible;

After all these &illegible; with Col. King, I ceased to be his Maior, and was afterwards made Lieut. Col. to the Earle of Manchester: Regiment of &illegible; my commission bearing date the 16. of May, 1644. with whom I served faithfully and honestly, and being over active, his Lordship (in a manner) spoyled a souldier of me, by his abosing of me about the taking in of Tickhill Castle; which made me many times and often desirous to throw up my Commission before ever the new Moddle was mentioned; but Lieut. Gen. Cromwels &illegible; of &illegible; to the &illegible; made me hold it, much against my own mind, and then when the new Moddle came, he would have had me to continue, but I could him, I could not, in regard the Parliament had voted that all the officers in that modle must take the Covenant, which I could him I could not doe, and besides, I could him that I had &illegible; the Parliament faithfully out of a principle of conscience, (which to me was a greater, tie then all the humain &illegible; in the world,) and never to my knowledge had given them just cause to distrust me, and if now after so much experience of my faithfulnes they distrusted me, I was resolved not to serve a &illegible; matter: so I was totally left out.

Whereupon my thoughts were fixed upon going into Holland, to follow my trade for my living, and having some money by me, I began to think about laying it out upon cloth, but enquiring after the state of that trade, I &illegible; it locked up under the unjust and tyrannicall &illegible; he of a company of &illegible; &illegible; (&illegible; called &illegible; Adventurers) who by an illegall &illegible; &illegible; &illegible; the &illegible; Seale of England, had ingrossed the sole trade of cloth, and all woollen &illegible; the Low-Countreys, into a few lawlesse &illegible; hands, by meanes of which, they deprive not onely all the free men of London, &c. of the benefit of their freedome, and that which &illegible; their right as really as their cloaths they weare, but also set up a thing that is destructive to the welfare of the whole Kingdome, as particularly, their foundation is not upon a law made by common consent in Parliament, (and therefore uniust and illegall) as is largely declared in my iudgement throughout the whole petition of Right, but meerly founded upon the bases of Prerogative, backt with the broad Seal of England, and truely, I would that those Gentlemen that stile themselves Marchant Adventurers, would remember that the Earle of Strafford had as much to iustifie himself in his proceedings, and did many times produce the Kings hand and Seal, to authorize him to do what he did, and to warrant him in the acting thereof; and yet notwithstanding because he acted arbitrarily, against the sence and mind of the law, to the ruine and destruction of the freedome of the people, he dyed as a Traytor for so, and for my part I am of the same iudgement, that the chief procurers and preservers of this Monopoly, do deserve as much as &illegible; for first, they have acted, and still do, against the known Law of this Land, as the Author of a late printed book, called a discourse for free trade, in the 6. 7. 12. 39. 43. pages of his book doth clearly prove.

Secondly, They have not onely acted against the law for many years together, but they have (by vertue of their illegall patent) assumed to themselves as arbitrary a power, as ever Strafford did, yea, and a legislative power to make laws, as if they were &illegible; absolute and intire Parliament, as appears in his 13. page. first by that wicked oath of their owne framing, which they impose upon all that will be one with them, the words of which thus follow.

You swear by &illegible; God, to be good and true to our Soveraigne Lord the King that &illegible; it, and to his Heires and Successors Kings of this &illegible; you shall be obedious and assistant to Mr. Governour, or his Deputy, and assistants of Marchant-Adventurers, in the parts of Holland, Zealand, &illegible; &illegible; and within the &illegible; and Marches of &illegible; as also in East-Freezeland, or any other &illegible; or &illegible; on this or that side the Seas, where the said Company are or shall be priviledged. All statutes and ordinances not repealed, which have been made, or shall be made by the said Governour, or his Deputy and Fellowship, you shall to your best knowledge truly hold and keep in singular regard to your self, in hurt or &illegible; of the Common-wealth of the said Fellowship, or else bring condemned, and orderly demanded, shall truly from time to &illegible; content and pay unto the Treasuree for the time being, all and every such &illegible; and penalties which have and shall be limitted and set for the transgressors and &illegible; of the same.

The &illegible; and privities of the aforesaid Fellowship you shall seal, and not &illegible; and if you shall know any person &illegible; &illegible; &illegible; intend any hurt, &illegible; or &illegible; to our Soveraigne Lord the King, &illegible; unto his Lands, or to the fellowship aforesaid, or the priviledges of the same, you shall give knowledge thereof, and doe it to be known to the said Governour, or his Deputy: and you shall not colour or &illegible; any &illegible; goods, which are not free of this Fellowship of Marchant-Adventurers of England. It help you God.

Besides which oath, they have an other called a &illegible; oath; of their owne making, which are to them in the nature of Statutes and these they force and compell men to take, and detaine mens freedomes from them if they refuse to &illegible; the former, although they have served faithfully 7. or 8. yeares apprentiship to masters of their owne or the like Corporation; by meanes of which, they doe (as much as in them lyes) destroy them, and all that depends upon them.

Thirdly, they assume to themselves an arbitrary power, to impose sines at their pleasure upon the freemen of England against their will, (yea, and contrary to law, iustice, equitie and reason) read pag. 15. 30. 31. 34. all whose practises in that booke specified, tends not only to the subvertion of the law, the &illegible; of an arbitrary power, but also the inslaving and impoverishing of the people, and the ruining and destruction of the Kingdome, and so (in my apprehension) &illegible; within the limits of Straffords charge, and that their practises doth tend to the inslaving of the people, and the ruine of the Kingdome, I prove thus.

1. They restraine all men to trade but themselves.

Secondly, They have restrained the shipping of cloth, only to those certaine times which they are pleased to nominate.

Thirdly, They have restrained the shipping of cloth in any other ships but their owne.

Fourthly, They have restrained the landing of cloth at any place but Rotterdam.

Fiftly, They have restrained the selling of cloth there at any other times, &illegible; when they please.

Sixtly, They have restrained the buying of any more cloth, but such a number as they are pleased to appoint.

From which bondages and slaveries, follow these mischiefes to the Kingdome.

1. By this meanes, they extraordinarily bring downe the prices of Cloth &illegible; and that I make appeare two wayes, first, In that they stint the number of cloths that shall be sent, which is not one for many that would be sent if trade were open, so that thereby they can picke and chuse, and buy at what rates they please. 2. they take such courses amongst themselves by shipping at certaine times, by meanes whereof in all the intervenings betwixt their shippings, they have advantages to beat the poore Clothiers downe to their owne rates, and to buy of them when they please, and at what rates they please, being that most Clothiers are not able to keep their cloths upon their hands, no, nor to follow their trades, unlesse they have a present market, which is a mischiefe not only to the Clothiers, in lessening their prices, but it is a mischiefe to those that breed sheepe, and to the owners of land themselves, for if cloth he cheap, wooll must needs be cheap, yea, and sheep also, and consequently land likewise.

Againe, when they have bought their cloth, no ships must carrie it but their owne, which is a mischiefe first to &illegible; in Generall, &illegible; that hereby none shall be imployed but they that will be their slaves, and be content with what wages they will give them, and observe such rules &illegible; they will have them, besides, this is a mischiefe to every Merchant that hath not a part in those ships, because they force every man to pay almost double &illegible; &illegible; what he might have it carried for &illegible; another ship, if hee were left to his &illegible;

3. They land it all at Rotterdam, where they will keep their ware-house doors &illegible; and not sell one peece of cloth, till they &illegible; get their owne price, which &illegible; times &illegible; 50. l. or 60. l. profit in the hundred, and sometimes more, by in &illegible; of which in hansing of cloth, beene thereby inabled to sell it at &illegible; high rates, the Hollander is incouraged to set up a trade of making Woollen-cloth, Shoes, Stockings, &c. although he be sorted to pay excessive rates, both for workemanship and materialls (in comparison of &illegible; in England) having little of himselfe, but what he hath from other parts at deare rates, but in regard our &illegible; Marchant-Adventurers, (the destroyers of mankind) sell their cloth at such excessive high rates there, the Hollander is able to sell as cheap as they, and to make ten cloths for one, that formerly he used to doe, read page 26. and if Flanders should tread in the Hollanders foot steps, what would become of our cloth trade? therefore, down with these destroying, wicked, and devouring Monopaliting Marchant-Adventurers, who are as great enemies (in their Kind) to the peace and prosperitie of this Kingdome, as ever Strafford and Canterbury went, and therefore let us have a free trade, for they by their wicked and England destroying practices, have trayterously undermined the basis and foundation of our Common Wealth, and given away our cloth trade, our riches and Sinews to the Hollander, impoverished, inslaved and depopulated our Kingdome, by sending thousands of our Natives, and Handycraft Trades-men over thither, to follow their callings (for the profit of strangers) meerly to get bread for subsistance I because in the land of their &illegible; they were ready to slaeve for want of imployment, whereas a free &illegible; one or two yeares space would fetch them all backe againe, and thereby re-impeople our owne Countrey, to furnish them and thousands more poore people here, with fulnesse of imployment, and in a little season restore us to the sole making of cloth, and (in a manner) wholy destroy the Hollander? great cloth making trade; for if trade were &illegible; and this destructive Monopoly downe, it would not only increase &illegible; &illegible; &illegible; of cloth making in England, and also &illegible; the price of &illegible; here, by reason there would be many more buyers, which would be not only againe to the Clothier, and also to the Farmer, but by consequence to the Land owner, and which by reason of multitudes of trades, (who would be content with a &illegible; gaine) that so they might returne their money quicke and often, which would lessen the price of cloth beyond &illegible; and by consequence beare it so low, and yet bring in a &illegible; gaine, that the Hollander must be forced to give over his great trade of cloth-making.

A second thing besides all these things which is very considerable &illegible; this, &illegible; by reason of this Monopoly, A few men have &illegible; only the sole exporting of Woollen Commodities there, but will in a little time (if continued as they have began &illegible;) have the sole importing of all commodities from thence, by &illegible; whereof, they will make us at home buy them of them at what rates they please, but if trade were open, &illegible; will be sold at lesse by &illegible; &illegible; in the 100 then I am confident they sell in house them 100.)

A third thing considerable is this, that &illegible; can not well be made without &illegible; &illegible; none whereof (&illegible;) the Hollanders hath, but what they have out of England, the sending away of which, by the law of this Land (if I be &illegible; &illegible;) is &illegible; but &illegible; &illegible; &illegible; &illegible; &illegible; to stands &illegible; with the &illegible; of the &illegible; &illegible; &illegible; to &illegible; for &illegible; it over, &illegible; &illegible; of them (as same reports) makes &illegible; &illegible; themselves by so doing, &illegible; &illegible; as they to &illegible; their businesse, being all their &illegible; are &illegible; Rotterdam, &illegible; they in a &illegible; of comming to the knowledge of transgressory in that kind, being all the rest of the ports in Holland are open for them to land &illegible; whereas &illegible; the trade were free, Factors would be dispersed to every port in Holland, whose interest and profit would then tye them to have a care to watch every man, that should bring Fullers earth ever thither; because the preventing of which, would &illegible; the Hollander to make cloth, and so England might have the sole trade &illegible; themselves.

A fourth thing considerable is this, that this Monopoly &illegible; all the rest of Marchants, Saylors, Clothiers, Clothworkers, Spinners, &c. and inableth the Monopolizing Marchants, in a prerogative, arbitrary and tyrannicall manner, both to King it and Lord it over the rest of their &illegible; and makes thousands and ten thousands to become very poore men, and &illegible; &illegible; meerly to make themselves rich, although they be both as honest, as free, and free &illegible; as themselves, which meanes with others of the like nature, hath (in my Iudgement) been the only instrumentall cause of all the wars and miseries in England at this day, for this Monopoly and others (making the Monopolizers rich) makes them the great men in the Common Wealth, and wofull and sad &illegible; &illegible; &illegible; &illegible; when any tryall of then &illegible; to the publique &illegible; (being acted by the principalls of &illegible; themselves) makes them easily without contest, &illegible; to all kind of &illegible; &illegible; pression of what &illegible; &illegible; and so betray the liberties of the whole Common-Wealth, and by their examples lead others into the same wickednesse with &illegible; witnesse their willing &illegible; from time to time unto &illegible; Money, &illegible; &illegible; Money, Knight Money, Ship Money, coate and Conduct Money, &illegible; of all &illegible; &illegible; and all manner of &illegible; &illegible; &illegible; &illegible; would impose a for if they had nor &illegible; slaves, such tyrants as Strafford and &illegible; &illegible; could me &illegible; &illegible; them not the Common-Wealth.

So that (J &illegible; conceive) I may Iustly say of them and their &illegible; &illegible; Mr. Iohn &illegible; the 13. page of his speech, April 12. 1641. said of the Earle of Strafford, &illegible; that they are &illegible; with the peace, the Wealth, the &illegible; of a Nation, and that their practices are destructive to justice, the &illegible; of &illegible; to industry, the spring of wealth, no value which, is the &illegible; &illegible; &illegible; the prosperitie of a Nation can only be procured, confirmed and inlarged.

Their practices in taking away &illegible; rights and freedoms, being not only &illegible; to &illegible; away peace and so &illegible; the Nation with wars, but doth corrupt &illegible; and &illegible; such a malignity into it, &illegible; produceth the effects of Warre; therefore in the next page, (&illegible; &illegible;) as for industry and &illegible; who will take &illegible; &illegible; that, which when he hath gotten is not his &illegible; Or who will fight for that wherein he hath no other interest, but such &illegible; &illegible; to the wall of &illegible;? the ancient incouragement to men, that were to defend their Countreys &illegible; this, that they were to hazard their persons for that which was their owne, (namely say I) their liberties, freedomes, &illegible; and properties, but by this &illegible; way &illegible; Monopolizing Marchants, &c. (which hath &illegible; &illegible; &illegible; &illegible; in England) no man hath any &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; freedome, or &illegible; of any thing else &illegible; his owne, but he goes &illegible; and saith &illegible; such &illegible; &illegible; have an ill opinion upon the courage of a Nation, by &illegible; the &illegible; of the people: A servile condition doth for the most part beget in men a slavish &illegible; and disposition, those that live so much (say I) under the whip and servile Engines of Monopolizing Marchant Adventurers, &c. as were, and still are frequently used by them, (as he saith) may have the dreggs of valour, sollennesse, and stubbornnesse, which may make them prone to mutinies and &illegible; but those noble and gallant affections, which put men on brave designes and attempts, for the preservation and inlargement of a Kingdome, they are hardly capable off.

Therefore (saith he there) shall it be treason to embose the Kings coine, though but a peece of 12. d. or 6. d. and must it not needs be the effect of a greater treason, to embose the spirits of his Subiects, and to set a stamp and Character of servilende upon them, whereby they shall be &illegible; to doe any thing for the service of the King or Common wealth.

He goes on, and in the 15. page. he lays downe the great argument of &illegible; that may presse the letting loose of an Arbitrary practice over free men, the same that is now obiected for the Marchant Adventurers, that they are rich men and the state in great necessitie, and they able to furnish them with great sums of money.

But he answers when war threatens a Kingdome, by the comming of a &illegible; &illegible; it is no time then to discontent the people, to make them &illegible; of the presone Government, and more inclinable to a change, the supplyes which are to come in this way, will be unready, uncertaine, there can be no &illegible; of them, no dependance upon them, either for time or proportion, and if some money be gotten in such a way, the distractions, divisions, distempers, which this course is &illegible; to produce, will be more &illegible; to publique safety, then the supply can be advantagious to it.

And this I am confident daily experience will witnesse, that this way of getting money, is the only way to get a &illegible; and loose a shilling besides the &illegible; of the hearts and cordiall affections of all the people, that are &illegible; by such an &illegible; course as this is which is exceeding dangerous in times of distraction, there being no way in the world so durable and safe, and so effectuall to &illegible; a people to a distressed &illegible; &illegible; a loving and &illegible; carriage, cordiall respect, and universall iustice, without regard of persons, and I say, and will maintaine it whosoever he be, that in his actions and &illegible; them &illegible; and practises the contrary to these principles, is no friend to common freedome and iustice, &illegible; a &illegible; or Scholler to &illegible; whose principall it is, that Princes (and &illegible;) &illegible; to &illegible; at &illegible; not in, but over their Subiects (and people) and for the archieving of the &illegible; ought to &illegible; to themselves, no greater good, then the spoiling and &illegible; the spirits of &illegible; Subiects (and people) not no &illegible; &illegible; &illegible; common freedome, neither ought they to &illegible; and perish any servants, but such as are &illegible; fit for &illegible; and oppression, nor depresse and prosecute any as enemies, but such as are gracious with the populary for noble and gallant acts, a fit character for our times.

And therefore to this purpose &illegible; of observation, is that passage in the &illegible; page of the &illegible; observations, upon some of his Maiesties late answers and expresses, the words &illegible; follow, to be a delight to &illegible; &illegible; is growne &illegible; with Princes, to be publique &illegible; and &illegible; and to &illegible; &illegible; those Subiects whom by &illegible; they ought to protect, it held Cæser-like, and therefore &illegible; Borgins by &illegible; crueltie and treachery hath gotten &illegible; in the Calender of &illegible; and of spirited Heroes, and our English Court of late years hath drunk &illegible; of this &illegible; poison, for either we have seen favorites raised to poll the people, and taxed again to pacify the people, or else (which is worse for the King and people too) we have seen Engines of mischief, preserved against the people, and upheld against law, meerly than mischief might not want incouragement.

But to return again to Mr. Iohn &illegible; speech against Strafford, which speech of him with Mr. Solicitor St. Iohns speech against ship, money, and also Judge &illegible; and Iudge Crooks argument against Ship-money in Mr. Iohn Hamdent case are worth evevery honest English mans buying to keep in his house, that he may learn something out of them, what by nature he is borne unto, and what is the end and foundation of governement, and in his 18th. page he saith, that Straffords crime is an offence that it contrary to the end of Government, the end of Government was to prevent oppressions, to limit and remain the excessive power and violence of great men, to open the passages of Justice with indifferency towards all, this arbitrary power is apt to induce and incourage all kind of insolencies. Another end of government (saith he) is to preserve men in their estates, to secure them in their lives & liberties it is the end of government that vertue should be cherish, &illegible; supprest, but where the arbitrary and unlimited power is set up, a way is open, not only for the security, but for the advancement and incouragement of evil, such men as art opprest for the execution and maintenance of this power, are only capable of preferment, and others who will not be instruments of any uniust commands, who make a conscience to do nothing against the laws of the Kingdome, and liberties of the Subiect, are not only not passable for imployment, but subiect to much iealousle and danger; this may I say &illegible; my own particular, is one of the &illegible; sayings in all this speech.

Again (saith he) it is the end of government, that all accidents and events, all counsels and designes should be improved to the publique good, but this arbitrary power is apt to dispose all to the maintenance of it self, the wisdom of the Councell. Table, the authority of the Courts of Iustice, the industry of all the officers of the Crowne have been must carefully exercised in this, the learning of our Divines, the &illegible; of our Bishops, have been moulded & disposed to the same effect, which though it were begun before the Earl of Straffords imployment, yet it hath been exceedingly furthered & advanced by him, and say I, is still to this day, prosecuted by many of his disciples and schollars in great places, both Clergy men and others, and particularly the Monopoly-Marchant Adventurers, therefore I say againe downe with &illegible; and give them Straffords reward.

He comes to the &illegible; &illegible; where he laies down one of the Earl of Straffords obiections, which is, that he is a Counsellor, & might not be questioned for any thing which he advised his Maiesty according to his Conscience, the ground is true, there is a liberty belongs to Counsellors, and nothing corrupts counsell &illegible; we then fear, he that will have the priviledge of a Counsellor, must keep within the iust bounds of a Counsellor, those matters are the proper subiects of counsell, which in their &illegible; and occasions may be good or beneficiall to the King or Common wealth, but such &illegible; as these, the subversion of the laws, violation of liberties, they can never be good or iustifiable by &illegible; circumstance or occasion, and therefore &illegible; being a Counsellor, makes his fault much more &illegible; as being committed against a greater trust, and in a way of much mischief & danger, lest his Maiesties Conscience and iudgement (upon which the whole course and frame of his government do much depend) should be poysoned and infected with such wicked principles and designes; And this he hath endeavoured to doe, which by all laws, and in all times hath in this kingdome been reckoned a crime of an high nature.

I come now to his 25. page, where he laies it to the Earl of Straffords charge, that he had often insinuated it unto the King, that he by his own will may lay any tax or imposition upon his people, without their consent in Parliament, this hath now (saith Mr. John &illegible;) been five times adiudged by both Houses, in the case of loanes, in condemnning the Commission of excise, in the resolution upon the saving, offered to be added to the petition of right, in the sentence against Manwaring, and now lately in condemning the Ship-money, and if the Soveraign power of the King can produce no such effect as this, the obligation of it is an aggravation, and no &illegible; of his offence, because hereby he doth labour to interest the King against the iust grievance and complaint of the people: now I say, if the King cannot by his own will lay fines and impositions upon his people, much lesse can the Marchant-Adventurers doe it, therefore they deserve exemplary punishment for practizing such a thing as this is, which they constantly do, especially seeing they know very well it hath been so often condemned as illegal and uniust in the King, and urged upon the Earle of Strafford, at an aggravation of his treason.

Again in the second place, seeing they know that the petition of Right doth condemn the King and his Privie Councell for making and administring of oaths, not made by common consent in Parliament, and seeing the Parliament (as they very well know) was lately so hot and angry or the Bishops and their convocation, for assuming unto themselves the boldnesse to make an oath, although they were invested with a more colourable authority to iustifie them therein, then these can pretend; how exemplary ought the punishment of these men to be, for their &illegible; and boldnesse after the knowledge of all this, to force and presse upon the freemen of England an oath, of their owne framing and making, yea, and to keepe their freedomes from them, because (out of Conscience) they dare not take them, which at this present day is the condition of one Mr. Johnson, late servant to Mr. Whitlocke, one of the &illegible; Country Monopoliting Marchants, which is all one in nature with the Monopoly of Marchant-Adventurers.

Againe I desire it may be considered, that if they had a legall power to make an oath (as they have not in the least) yet their oath for the matter of it, is one of the most wickedest that I have read or heard of, for if you observe it, it ties those &illegible; take it to be obedient and assistant to Mr. Governour, or his Deputy, and Assistants of Marchant Adventurers, in all places where they are, or shall be priviledged. All Statutes and Ordinances not repealed, which have been made, or shall be made, by the said Governour, or his Deputy and Fellowship, you shall to your best knowledge truly hold.

I am confident that neither all the oaths established in England by law, nor any one of them &illegible; so absolutely and &illegible; as this, for here is no caution so farre as it is iust, or so farre as it is according to the word of God, or so farre as it is agreeable to the lawes established, in England, so that I dare boldly say it, that Mr. Governour of this Monopoly, takes a &illegible; absolute &illegible; and unquestionable power upon him, &illegible; any King of England that I &illegible; of fince William the Conquerer.

Secondly observe, This oath tresmen to be Rebels (point-blanke) against the law of England, established by common consont, which will not give to the King himselfe, the power here exercised, much lesse to Mr. Governour of the Marchant-Adventurers, who is but one of his subiects.

Thirdly observe, this oath ties those that take it, to be papists, in some &illegible; for they must swear by an implicite faith, to be observant in what Mr. Governour &illegible; establish, though it be never so unjust, or else they are perjured: for my part my judgement is freely this, that the gallower, is too good for the framers, &illegible; and shickt prosecutors of this oath; and to my understanding the desires of theft men, are either to make England a land of slavery, ignorance, and beggery, or else a land of perjury: therefore my advice to those Marchants and other Free-men of England, that petition against these Monopoliters, for the taking away their patent, it this, that they would not only doe that, but also that they would draw up a charge by way of Articles against them, that they may receive aswell as Strafford a legall tryall for their lives, and likewise for all their estates, for all their illegall and arbitrary practices, which they have exercised for so many yeares by past as they have done, to the ruine and destruction of thousands of honest men in this Kingdome, and to the damage and detriment of the whole Land; yea, and that they would resolve to follow them with as much eagernes as ever they did Strafford, when they shut up their shopps, and by thousands went to Westminster daily to &illegible; for Justice against him: For the Parliament in the first of their Remonstrances, dated 15. &illegible; 1642. beginning in the 3d. page of the book of Declarations, &illegible; up the benefits that this present Parliament had done the Kingdome, and amongst other things, they say there in the 14. page; The Monopolies are all supprest, whereof some few did prejudice the Subject above a million yearely, the &illegible; &illegible; hundred thousand pounds, the wine three hundred thousand pounds, the &illegible; must &illegible; exceed both, and sale could be no lesse then that, besides the inferiour Monopolies, which if they could be exactly computed, would make up a great sum.

That which is more beneficiall then all, is this, that the root of these evils is taken away, which was the arbitrary power pretended to be in his Majestie, of taking the Subject, or charging their estates without consent in Parliament, which is now declared to be against law, by the judgement of both Houses, and likewise by &illegible; of Parliament.

Another step of great advantage is this, the living grievances, the evill Counsellors and actors of these mischiefes have been so quelled by the justice done upon the Earle of Strafford, the flight of the Lord &illegible; and Secretary &illegible; the accusation and imprisonment of the Arch-Bishop of Canterbury, of Judge &illegible; and the impeachment of divers other Bishops and Judges, that it is &illegible; not onely &illegible; be an ease to the present times, but a preservation to the future.

But it may be objected, that the ordinance of this present Parliament is for the continuance of this Company, and therefore it is not so great an evill &illegible; you speak off.

To which I answer in the first place, in the very words of the fore-mentioned book, this (under correction) cannot hold plea, for the said ordinance passed with this proviso and clause of (reservation by the wisdom of both Houses) that all rights confirmed by act of Parliament, or ancient Charters, should be thereby saved, so that it is rightly conceived, that this ordinance is not binding, not of any restraining nature.

Secondly, The Parliament hath declared in most of their Declarations, that all their intentions and designes are and shall be for the maintaining the lawes and liberties of England, and for making the people more free and happy &illegible; But not lesse free and more miserable; read their declaration about the preservation of Hall, and there you shall in the book of declarations pag. 458. 459. find these words, that as in all our indeavours since this Parliament began, we intended wholy the advancement of his Majesties honour and safety, and there gaining of the ancient (though of late years much invaded) rights, lawes, and liberties, being (as they there affirme) the birth-right of the Subjects of this Land; And in the next Declaration, they reckon up a great many of his Majesties then present actions, which they there say rends necessarily to the losse of our libertie, and the subversion of the law of the Kingdome; and further they therefore, that the King and his evill Counsellors, have designed all to slavery and confusion, in the opposing of all which (pag. 464.) they desire the concurrance of the well disposed Subjects of this Kingdome, and shall manifest by their courses and indeavours, that they are carried by no respects but of the publique good, which they will alwaies preferre before their owne lives and fortunes; And when their troubles did increase upon them, and the King begins to declare that he is in good earnest indeed, pag. 497. 498. they say, therefore we the Lords and Commons are resolved to expose our lives and fortunes for the defence and maintenance of the just &illegible; and liberties of the Subject, &c. and therefore we do here require all those who have any sence of piety, honour or compassion, to help a distressed State, especially such as have taken the protestation, and are bound in the same duty with us, unto their God, their King, and Countrey, to come in to our aid and assistance. And therefore I dare not let it have entertainment in my heart, that the Parliament werein jest when they made these Declarations, or that they never in truth intended what they here have said, but in my apprehension, if they should by a law or ordinance establish the fore-mentioned oppression, and England destroying Monopoly, they should overthrow the law of the land, and the libertie and freedome of the People, for the proof of which &illegible; the 12. H. 7. and the 3. &illegible; the words of this last Statute especially, carry weight and strength with them, and thus followeth. Whereas divers Marchants have of late obtained from the Kings most excellent Majesty, under the great Seal of England, a large Charter of incorporation for them and their Company, to trade into the Dominions of Spaine and Portugall, and are also most earnest suitor, to obtain the like from his said Majesty for &illegible; whereby none but themselves, and such as they shall &illegible; as being more Marchants, shall take the benefit of the said Charter, disabling thereby all others his Majesties loving Subjects of this Realme of England, and Wales, who during all the time of her late Majesties &illegible; were in &illegible; respects greatly charged, for the defence of their Prince and Countey, and therefore ought indifferently to enjoy all the benefits of this most happy peace. And also debarring them from that free enlargement of common traffique into those Dominions, which others his Majesties Subjects of his Realme of Scotland, and Ireland doe injny, to the manifest impoverishing of all owners of ships, Masters, &illegible; Fisher-men, Clothiers, Tuckers, Spinsters, and many thousands of all sorts of handy crafts men, besides the decrease of His Majesties Customes, Subsidies, and other impositions, and the ruine and decay of Navigation, together with the &illegible; of our woolls, cloth, cotne, and such like commodities; &illegible; and growing within this his said Maitsties Realme of England, and the inhansing of all French and Spanish comodities, by reason of the insufficiencie of the Marchants, they being few in number, and not of abilitie to keep the great number of our ships and &illegible; men a worke, and to rent the great store of commodities, which this His Maseshes Dominion of England doth yeeld. And by meanes that all owners and &illegible; with divers others, (if these incorporations should continue) shal be cut of from their ordinary meanes of maintenance and preserving their estate. And finally by reason that all French and Spanish commodities shall be in a few mens hands: In respect whereof, as for many other &illegible; growing thereby, much hurt and preiudice must needs redeund to all His Maiesties loving Subiects of this his highnesse Realme of England, if reformation for the prevention of so great an evill be not had in due time: For remedy whereof, be it inacted by the Kings most excellent Maiestie, the Lords Spirituall, and temporall, and Commons in this present Parliament assembled, and by the Authoritie of the same, That it shall and may &illegible; lawfull to & &illegible; his Maiesties Subiects of this his highnes Realme of England and Wales from henceforth at all times to have free libertie to trade into and from the Dominions of Spaint, Portugall and France, in such sort, and in &illegible; free a manner, as was at any time, sithence the beginning of this his highnesse most happie reigne in this his Realme of England, and at any time before the said Charter of Incorporation was granted, paying to the Kings most Excellent Maiestie, his Heires and Successors, all such customes, and other duties, as by the Lawes and &illegible; of this Realme ought to be paid and done for the same, the said Charter of Incorporation, or any other Charter, Grant, Act, or any other thing else heretofore made or done, or hereafter to be done, to the contrary in any wise notwithstanding.

And that it is against the libertie of the people, the loud cry that was against this and all such like parents at the beginning of this Parliament, doth declare, &illegible; and the continuall cryes of the generallity of the people of the land in all Parliaments against it, and the many and divers &illegible; of severall Countyes, and multitudes of severall sorts of Citizens lately exhibited to the Parliament &illegible; fully declare, and for my part, were it that these present unjust Monopolizers had &illegible; the whole burthen of the &illegible; in England themselves, and all other men &illegible; nothing for the Parliament, I thinke there had beene some grounds for them to have desired the Parliament to have made them Lords and Kings, and all other men slaves but themselves &illegible; but in regards: that many others of &illegible; &illegible; he have beene far more forward in laying out themselves and estates for the publique good, then they who for the most part of them, have rather believed themselves like &illegible; then &illegible; and true Patriots to their Countrey. I &illegible; &illegible; but all these true and constant well affected Englishmen that &illegible; by them should looke upon them &illegible; to the peace, freedome, and &illegible; of our &illegible; &illegible; and &illegible; by all just &illegible; &illegible; &illegible; &illegible; the Parliament, to make them all at least Hewers of wood, and drawers of water, and I hope &illegible; long, seen: honest and flout Commanders that are behind hand for their &illegible; that have been venturing their lives abroad, while they have beene making us slaves at home, will ioyne together to the Parliament in a petition for the Arreats, of themselves, and Souldiers, and for want of other supplyes, earnestly to desire that the Merchant Adventurers may be forced to pay into the State the 18; 295. 1. mentioned in the foresaid booke, page 48. and all other sums of money that they have illegally levited, by their illegall patent under the broad Seale of England; and I hope some honest Common Wealths man, will presse that clause of Mogna Charta home to the Parliament, which saith, Justice and Right we will sell to none, we will deny to none, that so they may not compound for a lesser sum, then that which by Iustice, Equitie and Right, the Kingdome ought to have from them.

Againe if Strafford and Canterbury, had so heavie a doome, for perswading Regall power only to subvert the lawes and liberties of England; what doe these men deserve that have seene their punishment before their tyes and yet endeavour with all their might to perswade Parliamentary power to make us slaves by a law? after we have spent the blood of so many thousand gallant English men for the preservation of our freedomes, for saith the Parliament in their Declaration, page 694. whatever be our inclination, &illegible; would be our condition, if we should got about to overthrow the lawes of the land, and the propriety of every mans estate, and the libertie of his person, all three of which (I aver it) the Monopolizing Marchant Adventurers have done for many yeares together, without any remorse of conscience, and their latter practises are worse then the beginning, in regard their indeavours tends to the putting the Parliament upon that which is contrary to the nature of the trust reposed in them by the &illegible; Kingdome, which according to their owne words page 150. is to provide for the weale of the people, but not for their wot, which principle, it notably discussed by the Author of the printed observations upon some of his Majestles late answers and expresses (who it commonly repured to be one in a speciall manner to be imployed by the Parliament) who saith page 1. speaking of the King whose Regall power the Parliament now executes, (and therefore the people have just ground to be very watchfull that no &illegible; by them be made upon their liberties, that nature, reason, and the freedomes of the fundamentall lawes of England, invest them with) we see that power is but secondary and &illegible; in Princes, (and say &illegible; counsells likewise) the fountaine and efficient cause is the people, and from hence the inference is iust, the King though he be &illegible; &illegible; (that is the single greatest) yet he is &illegible; &illegible; minor (that is the universall lesse or lesser then the whole) (for saith he) if the people be the true efficient cause of power, it is a rule in nature, that whatsoever is the efficient cause of a thing, made is greater then the thing that is made, and hence it appeares that at the founding of Authorities, when the consent of Societies conveys rule into such and such hands, it may ordaine what conditions, and prefix what bounds it pleases, and that no disolution ought to be thereof, but by the same power it had its constitution, and for my part I say it is contrary to nature, and the end of trust, that the trusted, should doe him that trust a mischiefe by it, as the Monopolizing Marchant Adventurers would have the Parliament to doe, bee goes on and saith, the King acknowledgeth by his Coronation oath, &illegible; it &illegible; to protect his people, (the same duty say I, the Parliament &illegible; more &illegible; relation owes to those that chuse them) and (saith he) I hope under this &illegible; protect, he intends nor only to shield us from all kind of evill, but also to &illegible; us to all kind of politicall happinesse according to his utmost power, and I hope he holds himselfe bound thereunto, not only by his oath but also by his very office, and by the end of his severaigne dignitie.

Therefore (saith he) if Ship-money, if the Star-Chamber, if the High Commission, if the Votes of the Bishops, and popish Bords in the upper House &illegible; inconsistant with the well face of the Kingdome, not only honour but justice it &illegible; challengeth that they be abolisht, the King ought not to account that a profit or strength to him, which is a losse and wasting to the people, not ought he to thinke that &illegible; to him, which is gained to the people: The word Grace sounds better in the peoples mouths then in his, his dignitie was erected to preserve the Commonaltie, the Commonaltie was not created for his &illegible; and that which &illegible; the end in far more honourable and valuable in nature and publicie, then that &illegible; the meanes. This directs us then to the transcendant &illegible; or pitch of all politiques, to the parament law that shall give law to all humane Lawyers whatsoever, &illegible; that is the safety of the people, the law of prerogative it selfe, is subservant to this law, and were it not conducing thereunto, at were not necessarie not &illegible; Neither can the right of conquest he pleaded to acquiet Princes of that which is &illegible; to the people as the Authors or ends of all power &illegible; for &illegible; force &illegible; &illegible; the course of nature, or &illegible; the renour of the law, and if it could, there were more reason, why the people might iustifie force to regain due &illegible; &illegible; prince might to subvert the same. And its a shamefull stupiditie in any man to &illegible; that our &illegible; did not fight more nobly for their free customes and lawes, of which the &illegible; and his &illegible; had its part &illegible; them by &illegible; and &illegible; them they which put them to such &illegible; For it &illegible; &illegible; to me that any Nation should be bound to contribute its owne &illegible; &illegible; meerly to &illegible; Tyranny, and support Slaverie, and to make that which is more excellent, a prey to that which is of lesse worth. And &illegible; a native Prince, if meere force be right, may &illegible; his Subiects is well as a stranger, if he can frame a sufficient party, and yet we see this was the foolish &illegible; of &illegible; who having &illegible; and rejected out &illegible; &illegible; &illegible; the &illegible; of &illegible; Tribes, ridiculously lought to reduce them &illegible; &illegible; the strength of two.

&illegible; now from, the cause, which conveyes Royalty, and that for which it is conveyed, to the nature of the conveyance, the word trust is &illegible; &illegible; the Kings popres, and therefore I dot conceive that the King does &illegible; &illegible; &illegible; interest in Crowise is not &illegible; of by a meere &illegible; of the &illegible; but &illegible; &illegible; & &illegible; and indeed all &illegible; &illegible; without any &illegible; &illegible; &illegible; &illegible; them and their Subiects, have acknowledged that there did the &illegible; and &illegible; trust upon them; nay, Heathen Princes that have beene absolute, &illegible; acknowledged themselves servants to the publique, and borne for that &illegible; and &illegible; &illegible; that they would manage the publique Wealt, it being well &illegible; &illegible; &illegible; non &illegible; that &illegible; that the &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; their &illegible; and we cannot imagine in the fury of war (when lawes &illegible; &illegible; least vigour) that any &illegible; can be &illegible; cumrised in power, but that if he should turne his Canons upon his owne Souldiers, they were Ipso facto absolved of all obedience: and of all oaths and tyes of Allegiance whatsoever, from that time, and bound by higher duty to seeke their owne preservation by resistance and defence: Wherefore if there be such &illegible; trusts, and reservation of all publique commands, though of the most absolute nature, that can be supposed; we cannot but admit that in all well formed Monarchies, where Kings prerogative hath any &illegible; this must be one necessary condition, that the Subiect shall live both safe and free, &illegible; Charter of Nature intitles all Subiects of all Countries whatsoever to safety by its supreime law.

And in page the fourth (he saith) that which resules then from hence it, if out Kings receive all Royalty from the people, and for the behoofe of the people, and that by a speciall trust of safety and liberty, expresly by the people limitted, and by their owne grants and oaths varified, then our Kings cannot be said to have so unconditionate and high a propriety in all our lives, liberties and possessions, or in anything else to the crowne appertaining, as we have in their Dignitie, or in ourselves, and indeed if they had, they were not borne for the people, but meerly for themselves.

And in page 6. speaking of the greatest Monarchies, this condition (saith &illegible;) is most naturall and necessary, that the safety of the people is to be valued above &illegible; right of &illegible; as much as the end is to be preferred before the meanes: it is not iust &illegible; possible for any nation so to &illegible; it selfe, and to resigne in owne interest to the will of one Lord, (or Lords) as that that Lord (or Lords) may destroy it without injury, and yet to &illegible; no right to preserve &illegible; &illegible; For since all &illegible; power is in those which obey, they which contract to obey to their owne ruine, or &illegible; so contracted, they which esteeme such a contract before their owne preservation, are &illegible; out to themselves, and rebellious to nature, most excellent is that Authors &illegible; this booke, in proving the end of trust, which alwayes ought to be for the good of those that trust, and not for the trusted to walke by the rule of his owne will towards those that &illegible; him, as though he intended by vertue of the power &illegible; conserted on him, to carrie himselfe so towards those that trust him, as though they were his &illegible; and Slaves, and had given &illegible; power to tread them under his feet, and by their &illegible; to advance himselfe in honour and riches, and thereby invest himselfe with such a Maiestie, is though &illegible; were never to be called to account for the managing of his &illegible; by those that trust &illegible; which is but a foolish, idle and tyrant like conceipt, for if a Corporation of men, chase a Steward to receive their rents, and manage their businesse for their good, but &illegible; &illegible; &illegible; &illegible; their money &illegible; not &illegible; their good and profit, but for &illegible; owne particular, and when they shall visibly see that, and shall there upon command him to give up his accounts, and he shall say no, you have trusted me, and thereby have declared you judge &illegible; &illegible; for your &illegible; and to question or doubt, me &illegible; to &illegible; your owne Iudgement, and therefore I owe you &illegible; &illegible; &illegible; am I to give you any, because it is my Iudgement, So would not every &illegible; man &illegible; &illegible; answer not only &illegible; &illegible; but also uniust, and arguing a great deal of guilt and busenesse to be in such a Stewards breast, and although such a Steward should returne such a Lordly answer to his masters, yet for all this, may not his masters use their utmost power and authority to compell him to give up his accounts? yea, and in case he have abused his trust, to casheere and inflict the extremity of the law upon him, for so doing &illegible; and seek out for an other honester man them himselfe, to put into his place.

For saith the same Author, (as it conceived) in the second part of his observations pag. 6. the end of all authority in substitutes is, that the Kingdom may be duely and safely served, and not that the Kings (or any other trusteys) meere fancy may be satisfied, and page the 8th. (he saith) that right which a Prince hath in his people, is by way of trust, and all trust is commonly limited more for the use of the party trusting, then the party trusted, in some cases also there are mutuall proprieties, and so the King ownes us as his Subjects, and we owne him as our King, but that owner-ship which we have in him at our King, is of a satre more excellent and high nature, then that owner-ship which the King hath in us, as his Subjects. And the same Author in his maximes unfolded, pag. 15.

I come now (saith he) to the fourth &illegible; or eight, which is Reglum a Die, not a fair, neca se, which is neither singly from God, nor from those that are his, (his Subjects, not from himselfe, but which is Jus ad Regnum, his right to his Kingdome, and such a trust as he must answer for to his Parliament, and his Parliament to his people, and therefore Parliaments in former times used tobe so carefull for the welfare of the people that betrusted them, that they would impose nothing upon the people that might be a burthen to them, without acquainting them first with it: as Sir Edward Cooks that worthy Patron of his Countrey, in the fourth part of his institutes, doth declare, his words folis 14. are as followeth.

It is also the law and custome of the Parliament, that when any new device is moved on the Kings behalfe in Parliament, for his aid, or the like, the Commons may answer, that they tendred the Kings estate, and are ready to aid the same, onely in this new device they dare not agree; without conference with their Countries: whereby (saith he) it appeareth, that such conference is warrantable by the law and custome of Parliament. And folio 34. (he saith) that at the Parliament holden in 9. E. 3. when a motion was made for a Subsidy to be granted of a new kind, the Commons answered, that they would have conference with those of their severall Counties and places, who had put them in trust, before they treated of any such matter: so that it clearly appeareth to me, that there is not that Elbow-roome left to the whole Parliament, much lesse to a part of it, but much lesse to foure or five members of it, to make innovations or inrodes at their pleasure, upon the peoples estates, proprieties, and liberties, especially of those who are as free borne as any of themselves, and in their lives and actions have ventured as much, and as farre as any of them, to preserve their native liberties, proprieties, and freedoms, for all that instaving doctrine that is now prated of by some, and lately practised by others, for I say from what it before said, that by how much the more the trust it great, that is reposed in the Parliament, by so much the more they ought in Justice and honesty to be &illegible; &illegible; under, and cordiall in the execution of their trust, and to have a speciall care not so make those worse, but better that trust them, not lesse free, but more free: but Sir Edward Cooke in the second part of his institutes, folio 47. being there expounding of Magna Charta, chap. 29. saith, that generally all Monopolies are against this great Charter (and his reasons art) because they are against the libertie and freedome of the Subject, and against the law of the land, and he there gives instances of; &illegible; particulars, upon his exposition of the word liberty, contained in that Charter, and the first runs in these words.

King H. 6. granted to the Corporation of Dyers within London, power to search &c. and if they found any Cloth dyed with Log-wood, that the Cloth should be forfeit, and it was &illegible; that this Charter concerning the forfeiture, was against the law of the land, and this statute of Magna Charta, for no forfeiture can grow by letters patents: look to it Marchant-Adventurers.

Secondly (saith he) it signifieth the freedomes that the Subjects of England &illegible; for example, the Company of Marchant-Taylors of England, having power by their Charter to make Ordinances, made an ordinance, that every brother of the same society should put the out half of his Cloaths to be dressed by some Cloth-worker free of the same Company, upon pain to forfeit ten shallings, &c. and it was adiudged that this ordinance was against law, because it was against the liberty of the Subject, for every Subject hath freedom to put his cloaths to be dressed by whom he will, and so of other like things, and so it is, if such or the like grant had been made by his betters patents. (Observe this you Lord Mayor, and court of Aldermen of London.)

3. So likewise, and for the same reason (saith he) He grant be made to any man, to have the sole making of cards, or the sole dealing with any other trade, that grant is against the liberty and freedom of the Subject, that before did or might lawfully use that trade, and consequently against this great Charter, And saith he in folio &illegible; every oppression against law, by colour of any usurped authority, is a kind of destruction, for when any thing is prohibited, all that is prohibited with it, where by the thing prohibited is like to come to passe, or take place, and it is the worst oppression that is done by colour of Justice.

And in the third part of his institutes, folio &illegible; commenting upon the statute of the &illegible; law. 3. which statute is absolutely against Monopolists, and Monopolizers, and he there positively saith, that they are against the ancient and fundamentall laws of this Kingdome, that he may be understood what he meanes by monopoly, be thus defines it.

A Monopoly is an institution or allowance by the King, by his grant, commission or otherwise, to any person or persons, bodies politique or corporate, of or for the sole buying, selling, making, working, or using of any thing, whereby any person or persons, bodies politique of corporate, are sought to be restrained of any freedom or liberty that they had before, or hindred in their lawfull trade, and he there saith, that the law of this Realm against monopolies, is grounded upon the law of God, expressed Deut. 14. 6. No man shall take the &illegible; or the upper milstone to pledge, for be taketh a mans life to pledge. Where by it appeareth that a mans trade it accounted his life, because it maintaineth his life, the monopolists that taketh away a mans trade, taketh away his life, and therefore in so much the more odious, because he is &illegible; &illegible; a man of blood, against these inventors and propounders of evill things, the holy Ghost hath spoken, Rom. 1. 30 Inventores malorum &c. &illegible; sunt north. The inventers of evill &c. are worthy of death.

He there goes on to prove the evill of them, and the great punishment that they de &illegible; that are procurers of them, and therefore to draw to a conclusion of this, I say it is &illegible; just, that the Marchant-Adventurers should be punished according to the utmost &illegible; of the Law, for all the time they have and shall act by vertue of their illegall parent, to the ruine of so many thousands as are destroyed by their means, and when they shall get it to be confirmed by an ordinance or a law, they deserve to be accounted the destroyers of mankind, in procuring a law, both against nature and reason, the grounds of all just lawes: For as the Author of the book called the Doctor and Studient saith, fol. 4. the law of nature specially considered, which is also called the Law of reason, pertaineth only to Creatures reasonable, that is man, which is created in the Image of God. And this law (saith he) ought to be &illegible; aswell amongst Jews and Gentiles, at amongst Christian men, and this law is alway good and righteous, stirring and inclining a man to good, and abhorring evil, and as to the ordering of the deeds of man, it is prefered before the law of God (amongst men) and it is written in the heart of every man, teaching him what it to be done, and what to be fled, and because it is written in the heart, therefore it may not be put away, he is it ever changeable by no &illegible; of place, &illegible; times. And therefore against this Law, prescription, statute, nor custome, may not prevail. And if any be brought in against it, they, be no prescriptions, statutes, nor customes, but things vold, and against Justice, and all other lawes, aswell the lawes of God, is the acts of men, as other be grounded thereupon, and a little further he saith, that this law of reason reached that good is to be loved, and evill to be fled. Also that them shalt do to another, that thou wouldest an other shall do to thee. Also than we may do nothing against truth. Also that a man must live peaceably with others. That Justice is to be done to every man, and that wrong is not to be done to any man and, also that a trespastor is worthy to be punished, and such other.

And in fol. 7. (he saith) that the law of man be just, and right wise, two things be necessary, that is to say, wisedom, and &illegible; &illegible; wisdom, that he may judge after reason, what is to be done for the Communality, and what it expedient for a peaceable conversation, and necessary &illegible; of them. Authority that he have authority to make laws, for the law as named of ligart, that is to say, to &illegible; But the &illegible; of a wiseman doth &illegible; &illegible; the community, if he have no rule over them. Also to every good law be required these properties, that is &illegible; says that it be honest, right-wise, possible in it selfe, and after the custome of the Country, &illegible; for the place and that, necessary and profitable, and also &illegible; that it be not capious by any &illegible; &illegible; sentence, or &illegible; with any private wealth, but all made for the Common wealth.

And &illegible; I see I was &illegible; of my trade, and &illegible; greater &illegible; &illegible; &illegible; fighting for justice, liberty, and freedome, then I was before I was at a &illegible; &illegible; with my &illegible; what to do to provide for my selfe and family, which whosoever doth not saith St &illegible; worse then an Infidell, and although I knew I had &illegible; antagonists in the House of Commons (although I had never done them hurt to my knowledge but had freely upon all occasions adventured my &illegible; with my &illegible; in my hand, both before the &illegible; and also figer) I &illegible; up &illegible; resolusion, being determined to use the &illegible; &illegible; &illegible; &illegible; and if I perished, I &illegible; whereupon I drew my petition to the House of Commons for my &illegible; and justice and &illegible; from my unjust Iudges in the Star-chamber, I laboured by all the friends I had in that House, month after month, to get my petition read: but could not, whereupon I &illegible; and delivered &illegible; or 300. of them to the Members, &c. one morning as they went into the House, but could not prevail to get it read for all that, and to &illegible; me, and &illegible; my businesse, and make me odious in the House, I was two severall times illegally clapt by the heeles by Mr. Laurence Whitaker, Chaire man of the Committee of Examinations, whose illegall, irregular, and arbitary proceedings, not only with me, but also with divers other free-men of England, makes me judge him a man fitter to answer at the barre of justice (if there were any justice to be had) for his former misdemeaners before the Parliament began, and also for those since, then to be a Member of the House of Commons, and a Chair-man in a speciall Committee, whose &illegible; illegall proceedings with divers free-men of England, tends (as much as in him lies) to the alienating of the hearts of the Parliaments friends from them, and to the pending of their proceedings odient and &illegible; to them, but if &illegible; justice &illegible; or any of his friends think I seandallize him, and do him wrong, &illegible; this upon my utmost perill, that I will (according to the law of England if I may have such a proceeding) legally prove and make good, what I now here &illegible; but I confesse, I do by experience see it, it is rather a midnesse and folly, then any thing else, for a man to expect justice, where the &illegible; accused are Iudges in their &illegible; &illegible; contrary to that received maxime of the law, that &illegible; &illegible; ought to be Iudge in his owne case, and this I do confidently &illegible; &illegible; that if his priviledge &illegible; a &illegible; of the House did not protect him, again it the law, that his &illegible; &illegible; &illegible; &illegible; not legally satisfie (according &illegible; the known and fundamentall lawes of the Land) those injustices that he hath done to the free &illegible; well afficted men of England.

But although I &illegible; those foyles in my businesse, I was resolved not to give it over, and there &illegible; &illegible; &illegible; to my &illegible; &illegible; faithfull &illegible; &illegible; &illegible; Cromwell, to &illegible; assistance, by way of letter, to some of his friends, the Copy of which thus followeth.

GEntlemen, being at this distance from London, I am forced to trouble you in a businesse which I would have done my self, had J &illegible; there, it is for &illegible; Col Lilburne, who hath dont hoth &illegible; and the Kingdome good &illegible; otherwise J should not have made use at such friends as you are, &illegible; hath a long time &illegible; the House of Commons with a petition, that he might have &illegible; according to their votes, for his former sufferings and losses, and some satisfaction for his arrears, for his service for the &illegible; which hath been a long time due unto him: To this day &illegible; &illegible; got his Petition read, his attendance hath proved very expensive, and hath kept him from other imployment, and I believe that his former losses and &illegible; services (which have been very chargeable) considered, he doth find it a hard thing in these &illegible; forth &illegible; &illegible; &illegible; to &illegible; &illegible; it is a griefe to see men mine themselves through their affection and faithfulnesse to the publique, and so few lay it to heart: It would be an honour to the Parliament, and &illegible; encouragement to those that faithfully serve &illegible; &illegible; &illegible; &illegible; were made for the &illegible; &illegible; &illegible; of those when have lost all &illegible; And &illegible; &illegible; you that this neglect of those &illegible; &illegible; &illegible; you &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; in this Army, who have observed oftentimes their wives and children have &illegible; who have lost their times and lives in the Kingdome service: I wish it were &illegible; to &illegible; That which I have to request of you it, that you get him the best assistance to get his petition read in the House, and that you will &illegible; him all lawfull favours and iustice in it, I know he will not be unthankfull, but adventure himself as freely in the service of the Kingdom, as hitherto he hath done, hereby you shall lay a speciall obligation upon your servant.

July the 10th.
      1645.

Oliver Cromwell.

Having got this letter, and bringing up good news from Lampart, of the rouring of Goring, I was in very good hopes to have got my petition forward, and speedily to have had some benefit by it, but insteed of the good I iustly expected, I was &illegible; clapt by the heels in the Sarlant at Arms custody, but for what cause I protess. I do not groundedly to this day know, &illegible; it were because I was earnest in presenting my petition, and crawing law, iustice, and right, according to Magna Charta, which as Sir Edward Cooke in the 2d. part of his institutes fol. 56. saith, is the best birth-right the Subject hath, for thereby his goods, lands, wife, children, his body, life, honour, and estimation, are protected from injury and wrong: but I was dealt with much like the proceedings of that Iudge he speaks off. fol. 55. who (he saith) first &illegible; and then he heareth: and lastly compelleth to confesse, and &illegible; and marre lawer at his pleasure, like as the Centurion in the holy History did in St. Paul, for the Text saith, Acts 22. 24. 27. that the chiefe Captain commanded him to be brought into the Castle, and bade that he should be examined by scourging, that he might know wherefore they cryed so against him, and verse 27. then the chief Captain came and said unto him, tell me act thou a Roman? he said yea, but saith noble, Sir Edward Cooke there, good iudges and Iustices abhorre these courses.

And after I had endured above three months imprisonment (a great part of which was close imprisonment in New-gate) by much strugling and striving I obtained my libertie, and hoping that those that had dealt so ill with me, would for their owne honour and reputation sake (if they would for nothing else) be a little sensible of &illegible; and necessity, and therefore having had a fair proceeding at the Committee of &illegible; I prefered my petition to the House, which there was &illegible; Nov. 10. 1645. which thus followeth.

To the honourable the House of Commons now assembled in the High Court of Parliament.

The humble Petition of Iohn Lilburne, &illegible; Col.

To all &illegible; sheweth,

THat your Petitioner having suffered abundance of &illegible; barbarous cruelty by &illegible; of an illegall &illegible; made against him, in the &illegible; &illegible; &illegible; is by the Copyy of his Petition &illegible; &illegible; &illegible; formerly preferred to this &illegible; House, and by your owne Votes made the 4th. of May, 1641. upon the examination of the petition will appear) which Votes are as followeth, First, that the sentence of the Star-chamber given against him illegall, is against the liberty of the Subject, and also bloody, wicked, &illegible; barbarous, and tirannicall. Secondly, that reparation ought to be given to him for his imprisonment, sufferings, and losses, sustained by that illegall sentence. And then also it was ordered that care should be taken to draw up his case, and transmit it to the Lords: but by reason of multitude of businesse in this honourable House, there hath been no further proceeding in it since. And these distractions comming on, your Petitioner took command under the Right Honourable, Robert Lord &illegible; with whose Regiment he adventured his life freely and resolutely, both at &illegible; field, and &illegible; where he was &illegible; prisoner, and carried away to Oxford; where within a short time after his comming, the King sent to the Castle to your Petitioner, the now Earle of Kingston, the Lord &illegible; the Lord &illegible; and the Lord Andover, to &illegible; your Petitioner with large proffers of the honour and glory of Court preferment, to forsake the Parliaments parry, and to ingage on his party: upon the sitting and concerning of which, your Petitioner was within few dayes after laid in irons, and kept an exceeding close prisoner, and forced severall times to march into Oxford in irons, to judge Heath, before whom he was arraigned for high Treason for drawing his sword in the cause of the Common-wealth, and suffered multitudes of miseries, in his almost twelve-months captivity there: in which time be lost above 600. l. in his estate that he left behind him at London, (as he is clearly able to make appeare) and immediately after his comming from thence, he took command in the Earle of Manchester Army, his commission as &illegible; of Foot, bearing due the 7th. October. 1643. which lasted till the 16th. of May, 1644. at which time he was authorised by Commission as Lieut. Col. to command a Regiment of Dragooners. In which services having been in many ingagements, he hopes it will easily appeare that he hath not onely &illegible; himselfe honestly and faithfully, but also valiantly and stoutly, in the middest of many discouragements, God crowning time of his indeavours with successe, especially at the taking of &illegible; Castle, and Sir &illegible; &illegible; Garrison, at which place your Petitioner was &illegible; through his &illegible; The premises considered, he humbly beseecheth this Honourable Assembly to &illegible; that Iustice which you so happily began for your Petitioner, and to give &illegible; &illegible; for &illegible; and redious imprisonment, and heavy &illegible; by the Star-chamber decree, he having waited 4. yeers with patience for that &illegible; though he lost by his imprisonment all that he had, and was deprived of a profitable calling, being then in the way of a Factor in the Low-Countries, and also to take of the Kings fine: and to consider his service with the Earl of Manchester, wherein he faithfully adventured his life, spent a great deal of his own money, and lost at Newarke, when Prince &illegible; raised the siege, almost an 100. l. being &illegible; from the Crowne of the head, to the soale of the foot, besides his former losses at &illegible; and &illegible; and that you would be pleased for his present subsistance, to appoint the present &illegible; of so much of his present arrears, as you in your great wisdoms shall think fit to supply his urgent & pressing necessities, there being now due to him 600. l. and upwards, and that Col. &illegible; may be commanded to accompt with the Petitioner, which formerly he hath refused to &illegible; though commanded by his &illegible;) and to give him &illegible; &illegible; &illegible; in due by the State in his service, & to pay him what he hath received for the petitioner, & detained from him,

And be shall pray, &c.
John Lilburne.

The annexed Petition thus followeth.
To the Honourable House of Commons now assembled in the High Court of Parliament.

The humble Petition of John Lilburne Prisoner in the Fleet.

To all &illegible; sheweth,

THat in December next will be three years, your petitioner upon suppos all of sending over certain books of Dr. &illegible; from Holland into England, was by Dr. &illegible; &illegible; without any examination at all) sent to the &illegible;-house prison, and from thence within three dates removed to the Fleete, where he abiding prisoner in &illegible; Terme following, was proceeded against in the Honourabled Court of Star-chamber, where your Petitioner appearing (and entring of his name, for want of money, his name was struck out again) and he refusing to take an oath to answer to all things that should be demanded of him (for that your Petitioner concerned that oath to be dangerous and illegall) without any &illegible; &illegible; him, for his refusing the said oath, he was prosecuted and censured in the laid Court most hearily being fined 500. l. to the King, and sent prisoner to the Fleet, and in Easter Term following, was whipped from the Fleet to Westminster with &illegible; &illegible; &illegible; &illegible; receiving at least 200. stripes and then at. Westminster he was set on the &illegible; the space of a hourts and over and above the &illegible; of the Court) at the warden of the Fleets command, &illegible; about an houre and a &illegible; after which most &illegible; sufferings, was again returned, into the Fleet close prisoner, when thought his said sufferings, the next morning he &illegible; sick of an extreame fever, should not have admittance for his Child &illegible; to let him blood &illegible; his &illegible; &illegible; &illegible; of the said day &illegible; &illegible; the &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; Westminster to the &illegible; himself &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; in the Fleet ever since. Where in &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; both hands and leggs, which &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; six months and &illegible; &illegible; small &illegible; &illegible; &illegible; &illegible; in which &illegible; &illegible; a months sicknesse, most dangerous &illegible; &illegible; former &illegible; which time of &illegible; &illegible; have most &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; they would &illegible; &illegible; &illegible; for their &illegible; and they have denied &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; as &illegible; &illegible; &illegible; great &illegible; and to &illegible; him &illegible; &illegible; &illegible; to &illegible; &illegible; &illegible; and &illegible; have kept her servant &illegible; him, and has &illegible; &illegible; that it he had not been &illegible; by stealth of his &illegible; prisoners, &illegible; &illegible; &illegible; &illegible; from any food at all, for above the space of 10. &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; out of &illegible; have relieved him; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; for both to &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; and besides all this, &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; him, to &illegible; &illegible; of his &illegible; &illegible; &illegible; of his life, &illegible; &illegible; not been rescued and saved by &illegible; prisoners of the &illegible; house. In which &illegible; &illegible; &illegible; your poore petitioner hath &illegible; a prisoner for the &illegible; of &illegible; &illegible; and a had &illegible; is &illegible; still &illegible; continue in the &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; of the Fleet, who hath &illegible; &illegible; &illegible; to &illegible; &illegible; &illegible; that he &illegible; &illegible; he must observe the man that hath so great &illegible; &illegible; the &illegible; &illegible; &illegible; the &illegible; &illegible;

All which his deplored condition, and lamentable miscries, he most humbly presenteth to this most honourable assembly, beseeching them to be pleased to cast an eye of compassion towards him, and to &illegible; him such reliefe from his censure and &illegible; imprisonment, &illegible; &illegible; good to your &illegible; who other life is like to perish under &illegible; hands of &illegible; &illegible;

And your &illegible; shall &illegible; &illegible; (as in duty he is bound) to the Lord to &illegible; and prosper this honourable Assembly,

John Lilburne.

At the debate of which there was not a little opposition by some, who (as I conceive) thought I was not capable of enjoying justice, although to my knowledge I never doe an act in all my life that put me out of the protection of the law, or that tended to the diffranchizing me of being a &illegible; and Freeman of England, and therefore ought to enjoy as great a priviledge in the enjoyment of the benefit of the Law of England, as any &illegible; Denizon of England whatsoever, by what name or title soever he be called, the issue of which debate, so much as I have under the clarks band, thus followeth.

Die &illegible; 10. Nov. 1645.

Ordered &c. That the Vote formerly passed in this House, concerning the proceedings against Lieut. Col. Lilburne in the Star-chamber be forthwith transmitted to the Lords.

Ordered &c. That it be referred to the Committee of accounts &illegible; up and state the accounts of Lieut. Col. Lilburne, and to certifie what is due to him to this House.

Ordered that it be referred to the Committee of accounts to call Col. King, and Dr. &illegible; before them, and to state &illegible; accounts, and what is due to Lieut. Col. Lilburne from either of them.

Ordered &c. That Mr. Sam. &illegible; do make the report concerning Lieut. Col. Lilburne touching the businesse of Mr &illegible; on wednesday morning next, the first businesse.

H. &illegible; Cler. Parl. D. Com.

The last of which orders seem to me to be a bug-bear and scare-crow, to fright me from following my petition any further, and gives me some hint who it was that was so hot against me, but for my part I fear the person, nor face, or no man breathing, for Honestly say I, is the best policy, and uprightnesse begets boldnesse, but it is strange to me what Mr. Sam. &illegible; can report of me, seeing to my knowledge) I never speake two words into him in my life, not he to me, but the busines is about Mr. &illegible; from whom I crave neither mercy not favour, for what I said concerning him in the house, I Judg it my duty to do and if it were to do again tomorrow upon the &illegible; grounds I would do it, either against him, or the dearest friend I have upon &illegible; and what can Mr. &illegible; say to me, more then he can to Mr. &illegible; &illegible; who was as deep in the information as myself, and what can he say to either of us, seeing we produced the party to the House that told it us, who for any thing, I know to the contrary, avers it to this day for a truth, although he was imprisoned for it.

But secondly, I much wonder the House, after I have had so much hard and unjust usage from divers of its members, should turn me over to William Prinn, at the Committee of accounts, who I say, hath neither Justice nor honesty in him, and who is my deadly and implacable enemy, as they well knew, and who hath most falsly, maliciously and inverately endeavoured to take away my life from me, by Ivingly and unjustly in his last book accusing me of high Treason: truly when I first heard I was turned over to him, this came into my mind, that it had been a little too grolle in the eies of the world, for my adversaries to have again themselves committed me to prison, but me thoughts I heard some of them say, however we will be even with him, for we will send him to W. P. who will doe the best he can to commit him, if there he should refuse the oath of accounts, or if he cannot get him upon that hugge, he will one way or other vexe him as bad as an imprisonment.

Well, but for all this, to the Committee of accounts I went (and shewed them my orders) where I found William Prinn in the Chaire, and I confesse the Marchants that were of the Committee, used me very civilly, and I laboured to demean my self towards them with respect, but for my antagonist, I found that from him, which before I went I looked for, and after some discourse, he tendred unto me an oath, which was to this effect, that I should swear what was due unto me, and what I had received, and what free quarter I had had what Horses and Armes from the State, which oath I refused to take, it being very strange so me considering my case, who in my fore-mentioned petition complain of Col. King to the House, that he not onely keeps my pay from me, that he received for me, but also refuseth to give me a note under his hand, for what was my due under him, and therefore there pray, he may be commanded to do me justice and right; although he hath for a long time refused to do either, and besides (as I told them) I could not upon my oath give them a just account what I had received of Col. King, seeing I lost my papers, &illegible; all my Horses and cloths at &illegible; and was stript naked, and forced in that condition (without either boots or shooes) to march on foot over hedge and dirch (to save my life) about 8. or 10. miles, and never &illegible; that day (to my remembrance) received any pay of him. But saith W. P. if you lost your papers, why might not be lose his, for he was plundered as well as you? To which I answer, He that kept his accounts did not use to goe and fight as I did, and besides, Colonell King though you say he was plundered, yet I avert it &illegible; was not plundered and stript, for he came home in the &illegible; he wore, but I was forced to come without mine: And besides, I was in an Army where there was a Councell of Warre established, and a Committee by Ordinance of Parliament dated January &illegible; 1643. And another dated 10. October, 1644. appointed to look after all such things as by oath was required of me, to give an account of, to whom for my pore J conceive I was to be accountable for any miscarriages, (if any had been) in that Army, and if they be not able to make any just complaint against me, I ought not to be forced by oath to purge my self before a Committee that was not then in being, and for my particular, I &illegible; I would have burnt or &illegible; my Constitution before I would have accepted of it upon the &illegible; demanded of one by this path, and in that very Ordinance it is ordained, that the Earle of Manchesters certificate to two of the Committee, and the Commissary Generall, shall be sufficient authority to them to subscribe our warrants, which shall be sufficient to demand our moneys, for our pay, and for my part I require but the benefit of this Ordinance, which was the declared condition upon which I went on with my imployment there, and this is that I beg, which hitherto hath been denied me, which I conceive is not just.

Again, I shall freely declare the maine reason, which makes me that in point of honesty, in being true to my liberty and freedome (which J call my birthright) I cannot submit to that oath, is this, I conceived all lawes and ordinances in such cases as this is, ought to be universall, to bind all, and not so restrictive as the additionall ordinance of accounts is, which ordinance dated Iune 16. 1645. hath this proviso or exemption (of Peeres, Assistant, or Officer of the House of Peeres, or Member, or Officer of the House of Commons) for my part, I iudge myself as free a man (though otherwise I defate not to make any comparisons) as any of them, and I conceive, I ought not to be in bondage to that Law or Ordinance, that they themselves will not stoop unto, and that which confirmes my judgement herein is, their owne words in their booke of Declarations, fol. 694. where answering the Kings charge laid upon them in point of slavery (they say) for therein we must needs be as much patients as Agents, and must every one in our owne turne suffer our selves, whatsoever we should impose upon others, as in nothing we have laid upon others, we have ever refused to doe, be suffer our selves, and that in a high proportion.

But lest some men might think I had received great store of monies, and not disposed them according to the ends I received them for, and therefore avoid this oath, to keep in my hands what I have I answer, all the while I was with Col. King, the Souldiers were frequently mustred, and most constantly not one passed the muster, unlesse he were upon the place, although he were seek in the same Towne where they were paid, and though I often gave my receit for the money to Colonell Kings servant Thomas Howett, who paid the money, yet most commonly my Lieutenant received the money, and disposed (I dare say) faithfully and iustly, and if either he or I should have defranded any of them but of six pence, we should have been sure to have heard of it to our shame, and for my owne pay, so much of it as I received, it was from his man (Thomas Howett) who alwaies had my &illegible; my hand for it: And from before Newark businesse, till we marched in Banbury, I never received a penny for my selfe, either of him, or my Lord Manchester, which then was but six weekes halfe pay, and because my souldiers were promised six weekes pay, as the rest of the Army had, and had but three weekes pay sent them, which set them all in a mutiny at Northampton, in the appeasing of which, J had almost lost my life amongst them, and was necessitated at &illegible; (to get them to match) to pay the common souldier all my own pay, and all my Officers, and to ingage my credit to them for their money, which wee received at &illegible; And after this, there was at severall times paid to my Selfe and Officers, seven weekes pay: as I remember, so that there never came any quantitie of money into my hand; and as I said before, we had a Committee and a Counsell of Warr to oversoe us, that we did justice, and if the least cattle could have beene found against men (of all the men in the Armie) I was sure to have heard of it. And as for Horses and &illegible; I never had to &illegible; remembrance from the State for my selfe, either Horse, Saddle &illegible; Pistoll, but what I won with my Sword, and for my Regiment, I and the rest of my Officers, recruited it over and over both with Horse and Armes, with our industry and resolution, without 6. d. charge to the State, and as for free quarter, I never had any all the while I was with Col. King and after I commanded my Dragoones, I and they for the most part &illegible; the bread of leopardy and hazard, being constantly quartered in the desparatest place in the Armie, &illegible; &illegible; as &illegible; be to the enemies Garrisons, which were many in Yorkeshire, where we many times fought both for horse meat and mans meat, and for my part, I thinke this was free prize to us, being not at that time within the possibilitie of Contribution to the Parliament, but J doe confesse some free quarter I had in the Parliaments quarters, but it was not much, as I can clearly demonstrate when time comes I shall receive my money, and I should upon that condition I might have into supply my necessities, allow a great for every penny worth of free quarter I have really had, although I have three severall times beene pillaged to a good value, and although I have &illegible; a good while for my pay, and although I have spent within lesse then this twelve months, above 300. l. in seeking for it, which in my apprehension is very hard, considering that &illegible; as divers of the Committee of &illegible; affirme in their printed Articles against him, that he received of them and their countrey about 10000. † to pay his Officers and Souldiers, yea, and I say divers of them told me he had divers thousands of pounds from them while we were at Newarke for that end: and yet be never had the honesty to let me have one farthing of it, and also received provisions of the Countrey, gratis, (as by divers I was truly informed) and made most constantly both Officers and Souldiers to buy it.

And my Lord of Manchesters provision of money by Ordinance, to pay his Armie was very large, and the Countreys made us beleeve they made very good payment, and yet if all the rest were like my particular, we received but a very small proportion of it, which makes me wonder what &illegible; &illegible; of the rest; surely it is either in those mens pockets that hath no right to it, or else it is sunke into the ground, foe by the Ordinance of the 22. Ianuary 1643. and others, the allowance is 8449. l. a weeke, besides the &illegible; of the five and twentieth part, and also the third part of the Sequestrations, which were worth not a little, and for my part I doe seriously protest, J spent a great deale of my owne money, besides the pay I received in my Lord of Manchesters service, and therefore doe iustly expect the performance of the Covenants and Contracts, made with me by Ordinance of Parliament, having faithfully performed my part, and this is but first (in my iudgement) both by the law of nature, the law of nations, and the law of God, which saith Levit. 19. 13, Thou shall not defraud thy Neighbour, neither rob him. The wages of him that is hired, shall not abide with thee all night, untill the morning. And &illegible; &illegible; 14, 15. Thou shall not oppresse in hired servant that is poore and needy, whether he be of thy bee then, or of thy strongers &illegible; are in thy land, within thy &illegible; At this day their shall give him his hire, neither shall the &illegible; goe downe upon it, for he is poore, and setteth his heart upon it, least he cry against thee unto the Lord, and it be sin unto thee, and in the &illegible; of Jer. 13. God pronounceth a woe against all such men, as detaine and keepe backe, the hirelings, and the servants wages, the words are these. Woe unto him that buildeth his house by unrighteousnesse, and his Chambers by wrong, that useth his neighbours service without wages, and giveth him not for his worke. Yea and God threateneth to iudge such men at thus practice, &illegible; 3. 5. And I will come neete to you to iudgement, and J will be a swift witnesse against the &illegible; and against the Adulterers, and against false Swearers, and against those that oppresse the Hiteling in his wages, the Widdow, and the Fatherlesse, and that turne aside the Stranger from his right, and feare &illegible; me saith the Lord of Hosts.

But you will say the State wants money, and therefore cannot pay you. To which I answer of have before declared that the Parliament by their owne Ordinances did provide a sufficient proportion for us, which the Countrey saith, they made pretty good payment of, and seeing it was provided for us, and we received it not, wee ought to know what is become of it, and for my part I am resolved before I will loose &illegible; I will doe the best I can to know what is become of it, though I bee &illegible; &illegible; &illegible; a body for my points.

But it &illegible; &illegible; that much of it was laid out by the Parliaments after appointment see other uses then to the payment of that Armie for which it was raised, to which I answer, that in iustice it ought to be repaid &illegible; againe, and truly I doe conceive &illegible; &illegible; there were a Just strict and severe course taken with all Sequestrators, Collectors, Receivers and Treasurers, that have cozoned the state of their mony in their &illegible; offices, there would be mony enough (I verily beleeve) found to defray all charges, for there is a greater reason (in my Judgment) that he should &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; hundreds and thousands from the State (yea and other hazard the &illegible; it &illegible; of supply, and breeds &illegible; burning &c. which in time may break out into very great mischiefes) then &illegible; steales 5. s. or 6. &illegible; or more, and it may be doth it for pure necessitie, having it may be lost all he hath by the enemie and hath also his &illegible; &illegible; from him, and hath not at present a bit of bread to put into his mouth, nor knowes not where to get any.

And I have &illegible; &illegible; of a Committee &illegible; it London that received betwixt two and three thousand pounds for sequestred goods, and never &illegible; for pence of &illegible; for the &illegible; and yet when they come to give up their accompts, they are not &illegible; to the State, but the State is in their debt for their partner and &illegible; the same Committee hath &illegible; &illegible; 40 and 50000l. in land, in a Countrey of &illegible; and &illegible; London, and yet there is not (as I am &illegible; &illegible;) &illegible; I. brought to accompe; so that laying these things together with it. Parliaments &illegible; &illegible; in &illegible; of their Declarations, I cannot thinke that saith bee &illegible; &illegible; &illegible; the price of my blood) &illegible; first &illegible; in &illegible; &illegible; &illegible; &illegible; of &illegible; they &illegible; &illegible; &illegible; &illegible; them, that every &illegible; &illegible; good service &illegible; &illegible; to be done &illegible; Commander or Souldier serving or to &illegible; therein, &illegible; &illegible; &illegible; answer the greatnesse of this Kingdome &illegible; the &illegible; of &illegible; &illegible; the &illegible; him, of &illegible; made the &illegible; they intended alike to all &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible;

And secondly, in page &illegible; they declare, that whatsoever money, Plate, &c. is brought in, shall not at all be imployed upon any other occasion then to the purpose they pretend to raise it for, and therefore the moneys levled upon the Association which was appointed to pay the Earle of Manchesters Armie, ought to be imployed for that end and no other.

Thirdly, Their words in folio 498. being then in great straites ares and we doe require all those that have any sence of piety, honour, or compassion, to helpe a distressed state, and to comein to our ayde and assistance, words sufficient to have set the heart of every man a fire, that hath any sparkes of gallantry in his breast, and therefore not easily to be forgotten by those that made them, if there be any sparkes of honesty in their hearts.

In the last place, the Parliament orders that the Vote formerly passed in this house concerning the proceedings against Lieu. Col. Lilburne in the Star-Chamber be forthwith transmitted to the Lords, and likewise ordered that my sine should be taken of, which single Order I got transmitted up to the Lords, and in a few dayes it there passed into an Ordinance in these words.

&illegible; Primo die Decemb. 1645.

IT is this day ordered by the Lords and Commons assembled in Parliament, that Lieu. Col. Lilburne be discharged of the fine set upon him in the Star-Chamber.

John Browne Cleric. Parliamentorum.

But although this order of the 10. Novemb. 1645. for the transmission of my whole case up to the Lords, I cannot get it done by all the interest I have, although contrary to the tenour of Magna Charta (which saith iustice and right we will deny to none, we will deface to none) I have waited almost this 5. yeares, for that very end, to my extraordinary charge, and expences, although I had these Votes and Orders following, almost 5. yeares agoe.

Die &illegible; 4. May. &illegible;

Mr. Rouse this day reported John Lilburne his cause, it was thereupon ordered and resolved upon the question as followeth.

Resolved upon the question.

That the sentence of the Star-Chamber given against John Lilburne is illegall, and against the libertie of the Subiect, and also bloody, wicked, cruell, barbarous, and tyrannicall.

Resolved upon the question, that reparations ought to be given to Mr. Lilburne, for his imprisonment, sufferings, and losses sustained by that illegall sentence.

Ordered that the Committee shall prepare this case of Mr. Lilburnes to be transmitted to the Lords, with those other of Dr. Bastwicks, Dr. Leighton, Mr. Barton, and Mr. Prin.

Hen. &illegible; Cler.

D. Com.

The Parliament in their first Declaration pag. 13. complaines that multitudes were called to the Councell-Table, who were tyred with long attendance there, but I wish they would be quicker, but what should be the reason I do not know, wherefore I cannot get my case transmitted, I would those that hinder it would tell me, I should exspect no justice from them, and this would be plain dealing, I hope I may without offence (making no application of it) resite what Machiavel in his Prince fol. 138 saith of Alexander 6. that he never did any thing else then deceive men, and never meant otherwise, and alwaies found whom to work upon: yet never was there man would protest more affection, nor aver any thing with more solemn oaths and observe them lesse then he, therfore saith Machiavel, it is more advantagious for a Prince to seem to be pitifull, faithfull, mild, religious, and of integrity, then to be so indeed, and saith the Translator in his Epistle to the Reader, their are many who practise Machiavels principles, and yet condemn him, who willingly (saith he) would walk as Theeves do, with close lanthornes in the night, that they being &illegible; and yet seeing all, might surprize the unwary in the dark.

But it may be demanded who would you have your reparations from? I answer, from those that lawlesly imprisoned me, and those that lawlesly and cruelly passed sentence against me, and those that lawlesly and barbarously made &illegible; order against me.

At the inner Star-Chamber the 18. of &illegible; &illegible; 1638. &illegible;

Lord Arch-Bishop of Canterbury. Lord Privie Seale. Lord &illegible;
Lord Keeper. Earl Marshall. Lord &illegible;
Lord Treasurer. Earl of Salisbury. Mr. Secretary Cooke,
Mr. Sec. Windebanke.

Whereas John Lilburne, prisoner in the Fleet, by sentence in Star-Chamber, &illegible; this day suffer condigne punishment for his severall offences, by whipping at a &illegible; and standing in the &illegible; and as their Lordships were this day inforthed, during the time that his body was under the said execution, undaciously and wickedly, did not onely utter sundry scandalous speeches, but likewise scottered divers Copies of seditious books among the people that beheld the said execution, for which very thing (among other offences of like nature) he hath been censured in the said Court by the aforesaid sentence: it is therefore by their Lordships ordered, that the said Iohn Lilburn should be laid alone, with from on his hands and legges in the Wards of the Fleet, where the basest and meanest sort of prisoners are used to be put, and that the Warden of the Fleet take especiall care to hinder the resort of any persons whatsoever unto him. And particularly that he be not supplied with money from any friend, and that he take especiall notice of all letters, writings, & books brought &illegible; him, and seize and deliver the same unto their Lordships, and take notice from time to time who they be that resort unto the said person &illegible; the said Lilburne, unto speak with him, and inform the board thereof. And it was Iustly ordered, that all persons that shall be hereafter produced, to receive corporall punishment; according to sentence of that Court, or by order of the board, shall have their garments searched before they be brought forth, and neither writing nor other thing suffered to be about them, and their hands likewise to be bound during the time of their punishment. Whereof, together with the other premises, the said Warden of the Fleet is hereby required to take notice, and to have especiall care that this their Lordships order be accordingly observed.

Examined by Dudly Carleton.

Besides these above-named, the most of which were present at my sentence (&illegible; I remember) there was my Lord Chiefe Iustice Bramston, and Sir Henry Vane the elder. And Dr. Lamb, Dr. Aliote, and Dr. Guine committed me.

But some may say your Antagonists are great, and it will be hard to get justice of them, I answer and say, a just and a righteous Iudge is no respecter of persons, but will do justice upon great ones as well as mean ones.

But some will say (is it hath been objected by some to me already) what justice can you exspect from the Lords, seeing they have made Mr. Peter Smart spend 4. or 500 l. with following his businesse before them, after it was transmitted from the House of Commons, and yet he hath not got one penny, although he be ready to starve. To which I answer and confesse it is a hard case, but yet it doth not therefore follow, because Mr. Smart is foyled in his businesse, that I must give over ruine, my principle is this, to go on with that busines that is iust and honest, though it have never so many difficulties accompanying it, and my ground ariseth from Gods promise, which is, &illegible; be with his in all just things, and from those incouragements that I find in the 12, Heb Again, if I be transmitted up to the Lords, and cannot get forward there, I am no worse then now I am but I confident beleeve I shall get forward, out of the former experiencies of that justice that I have found there, and I will instance 2. particulars, first when I was a prisoner in the Fleet, and had like to have beene murthered by the jaylors, I was laine to &illegible; up my door, and keep them out of my lodging for 17. weeks together, and in &illegible; &illegible; of my &illegible; I writ an Epistle in 2. sheets of Paper to the Magistrates of London, and one sheet to the prentices thereof, which was thrown among them one day when they were at their recreations in Moor-fields, which had like to have &illegible; the Bishop of Canterburies ruine, for the throwing of which, my maid was taken and carried before Sir Marrit Abbet, then Lord-Mayor of London, where there was witnesse that appeared to justifie the thing to &illegible; upon which the Lord-Mayor committed her to prison without a warrant, shewing cause wherefore he committed her, upon which, I in her behalfe the beginning of this Parliament complained of him, for commiting her to prison contrary to law, and Sir Morris was summoned to answer my complaint, and appeared in his gold chain, and velvet gowne, with a great train of Citizens, and I had &illegible; especially that pleaded for me in point of Law, namely, the right honourable the Lord Brooks, and Lord Roberts, and he had &illegible; in especiall manner in plead for him, namely, the Earl of Bristol, and the then Bishop of Lincoin, which 4. did canvas it soundly in point of law, and in the conclusion (&illegible; all the rest of that Committee) ordered Sir Morris Abbot to pay unto her &illegible; l. (which he did) for imprisoning her 3. daies contrary to the petition of Right, which commands the cause of the imprisonment to be expressed in the warrant: &illegible; gallant piece of justice I say.

Secondly, May 4 1641. the King accused me of high Treason, and before the Lords bar was I brought for my life, where although one Littleton servant to the Prince, swore point blank against me, yet had I free liberty to speak for my self in the open House, and upon my desire that Mr. Andrews might also declare upon his oath what he knew about my busines, it was done, and his oath being absolutely contradictory to Mr. Littletons, I was both freed from Littletons malice, and the Kings accusation at the bar, of that whole House: and for my part I am resolved to speak well of those that have done &illegible; justice, and not to doubt they will deny it &illegible; till such time as by experience I find they do it.

Besides, Mr. Smarts case and mine are different in this particular, for any thing J can understand, all those that did him wrong, have their estates sequestred, and the State being in great necessity, it is iudged convenient at present by divers, that the publique should be supplyed before him (though I confesse I conceive he ought in point of law and justice, first to be satisfied, in regard they first wronged him, long before the State tooke any cognisance of any wrong done unto it by them) but for my particular I have not onely to do with those whose estates are sequestred, but some of my adversaries still sit in both Houses, and besides, 1. of them, namely the Earle of Arundel, and the Bishop of London, as I am credibly informed compleatly enjoy their rents and estates, and are neither sequestred, nor are they friends to the Parliament, and therefore I conceive there can be no colour nor pretence to deny me satisfaction from them, and for my part (by the strength of God) J am resolved (though I be repulsed again and again) to follow in with all my might, so long as either I have tongue to speak, or hand to write, and to do the best I can to make them as weary, that I know shall deny me justice and right, as ever the importunate widdow did the unrighteous Judge, when she made him say, although he neither feared God, nor regarded man, yet because she troubled him, he would do her justice, Luke 18. 5.

But it may be you will say the House of Commons is not at leasure, by reason of the publique, I answer, lesse then an hours time will serve my &illegible; in this particular, and it is very strange in 5. yeares space so much time cannot be found from the publique to transmit my busines, so particularly taken notice of in their first declaration to the Kingdom, sure I am they can find time enough to settle great and rich places upon some of themselves, and to enjoy them, for all their own Ordinance to to the contrary, yea, and I know some of them that at this day hath &illegible; of places, and I say the thing I desire of them is more iustly my due, then any of their great places are theirs, and therefore I hope they have no true cause to be angry with me for craving iustice at their hands, being it was the end wherefore they were chosen and &illegible; and that which they have sworn to do.

But you will say the time is not now in point of prudence so seasonable, you may spoyle your businesse with being too violent. I answer, away with Machiavel and his politiques, and besides, it may be I have staid so long, that without ruine and destruction I can stay no longer, for give me leave to add one thing more to all the rest going before, that having by the Bishops means lost the affection of my Father formerly, which made me that I never when I last begun the world, aske him for any portion, neither did I in all my life receive 6. d. of him (for all Bastwicks lies in his book against me) under that notion and consideration, and he and I of late years falling into a better harmony one with another then formerly we were, I iustly expected some assistance from him in my present straits, by way of portion, but I find this answer ready at hand: Son, I would fain fulfill thy desire, but at present I cannot, for thou knowest our Country was betrayed by those that should have preserved it, and for my affection to the publique, I lost all that ever the enemy could singer of mine, namely, all my stock, my corne, and houshold goods, and the rents of my lands, all the time that the Earl of Newcastle had the North, and now though I have my and, yet being in the &illegible; of &illegible; I &illegible; &illegible; &illegible; &illegible; nor &illegible; had Preparation for any of my &illegible; of the &illegible; of &illegible; &illegible; &illegible; &illegible; their with advantage, who should have preserved &illegible; but did not, so that &illegible; a manner, am as new to begin the world as thy selfe &illegible; should have a little &illegible; &illegible; to have &illegible; some things in our present age, &illegible; those complained of in the Parliaments first Declaration, and from thence &illegible; &illegible; the &illegible; (in my apprehension) of all &illegible; obstruction of &illegible; &illegible; in the Kingdom, but I am &illegible; I have been too &illegible; already and therefore &illegible; &illegible; &illegible; &illegible; of that another &illegible; &illegible; you seriously &illegible; and &illegible; upon what here &illegible; &illegible; to you, and be not too subject to passe your &illegible; upon it, untill you have well weighed it, and let him enjoy your &illegible; to God for direction and courage.

From my house in Party &illegible;
neare Bishops gate, this present
Decemb. &illegible; &illegible;

That is yours, and the Common-
Wealths, &illegible; death.

John Lilburne.

&illegible; Reader in regard of those &illegible; &illegible; that are abroad, by the enemies to libertie and freedome, the Stationers and their Beadle &illegible; in &illegible; open free mens houses, closers, &illegible; and dearest, and taking away goods writings and what ever they please, and for want of freedome through &illegible; of them to &illegible; to the &illegible; &illegible; after this my coppie, many &illegible; escaped the &illegible; which I desire thee with thy pen as thou readest to amend, but especially these which follow. [  ] Page 3. line &illegible; read this for the &illegible; 3 &illegible; experiences for &illegible; p. 5 l. 40, r. for a little time put into it, p. 7. l. 5. r. for being &illegible; &illegible; l. 16. r. &illegible; for imployment, p. &illegible; l. 15. r. &illegible; &illegible; for &illegible; only. l. 28. r. as I remember, p. 10. l. &illegible; assisting in execution hereof, p. &illegible; l. &illegible; r. then for them, p. &illegible; l. 2. r. I on thee for I doe on thee. l 16. r. &illegible; for have p. 15. l. 15. r. whether seeing, p. 16 l. 3. r. weekes for &illegible; p. 17. l. 17. r. W. P. for he, p. 18. l. &illegible; r. by whom, for by what authoritie, p. 19. l. 32. r. may not be delayed, p. &illegible; l. 3. r. &illegible; for rights l. 10 r. &illegible; is before mentioned l. &illegible; r. &illegible; for &illegible; p. 21. l. 4. r. right for might be, l. 40. r. &illegible; for &illegible; p. 24 l. 26. r freenesse for friends, p 27. l. &illegible; r. speake for my selfe, &illegible; &illegible; &illegible; hee and his for he of his, p. 18. l. &illegible; r. nor for not, p. 29. l. 18. r. and the Prisoners shall pray, &c. p. 12. l. 18. r. &illegible; for &illegible; p. 33. l. 38. r. promise for &illegible; p. 14. l. 7. r. and that at, l. 19. r. but &illegible; &illegible; l. 38. r. &illegible; &illegible; &illegible; p. &illegible; l. 17. r. &illegible; for appropriating, p. 37. l. &illegible; r. for the people &illegible; take cognisance of, l. &illegible; r. were and are for were &illegible; p. 42 l. 21. r. for Capt. for to Capt. p. 43. l. 36. r. false and &illegible; &illegible; 44. r. offer in p. 45. l. &illegible; r. &illegible; for state, l. 30. r. and for his, l. 36 r. to &illegible; to him, p. 46. l. &illegible; r. &illegible; for &illegible; p. 47. l. &illegible; r. times at his tryall produce, l. 34. r. keep no &illegible; l. &illegible; r. &illegible; for &illegible; p. 48 l. &illegible; r. &illegible; for impoverishing, p. 49. being for &illegible; l. 4. r. &illegible; for &illegible; I &illegible; (in a manner) restore, p. 10. l. &illegible; r. them for themselves, p. &illegible; l. 39 r. &illegible; for perish, p. &illegible; l. &illegible; r. &illegible; for &illegible; p. &illegible; l. &illegible; r. aligation for obligation, p. 15. l. 35. r. 12. &illegible; 7. 8, 3. l. 6. p. 56. l. 23. r. time &illegible; p. &illegible; l. 5. r. devoyce for power. l. 17. &illegible; for &illegible; l. 18. r. lawes for Lawyers, p. 60. l. 16. r. 35. for 25. l. 17. r. Kingly for singly, p. &illegible; l. 33. r. and that he, p. &illegible; l. 17. r. never for ever, p. 64. l. 2. r. &illegible; &illegible; &illegible; &illegible; that you give him your bell, l. 14. r. prosecuting for presenting, p. 65. l. 2. r. that for the, l. 34. r. long for large, p. 67. l. 33. r. of for or, l. 38. r. iudged for iudge, p. 69. l. &illegible; r. his for our, p. 70. l. 22. r. Col. King, p. 71. l. 26. r. thereby hazards the lesse, p. &illegible; l. 14. r. deferre for deface.


T.54 (8.26) Richard Overton, Divine Observations upon the London Ministers Letter against Toleration (24 January, 1646).

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T.54 [1646.01.24] (8.26) Richard Overton, Divine Observations upon the London Ministers Letter against Toleration (24 January, 1646).

Full title

Richard Overton, DIVINE OBSERVATIONS Upon the London-Ministers Letter against TOLERATION: By his Synoddicall, Priest-byter-all, Nationall, Provinciall, Classicall, Congregationall, Superlative, Un-erring, Clericall, Accademicall Holynesse, Reverend Yongue MARTIN MAR-PRIEST, Sonne, and Heire to Old Martin the Metrapolitane. Wherein the Toleration of His Sacred Person with the whole Independent Fraternity, (by what Name or Title soever dignify’d or distinguished, whether Anabaptists, Brownists, or the like,) is justifyed by the Reasons of the London-Ministers, which they urge against Toleration; and themselves, by their own Reasoning, condemned.

Psal. 7. 15. They have made a pitt, and digged it, and are fallen into the ditch that they have made.

1 Cor. 1. 20. Where is the Wise? Where is the Scribe? Where is the Disputer of this world? Hath not God made foolishnesse the wisedome of this world?

The Reverend Authour desires such as have received offence at the 6, 7, and 8. Pages in his Ordinance for TYTHES Dismounted, to repaire for satisfaction to the last Clause hereof.

EUROPE, Printed by Martin Claw-Clergy, Printer to the Reverend Assembly of Divines, and are to be sold by Bartholmew Bang-Priest, at his shop in Toleration-street, at the signe of the Subjects Liberty, right opposite to Persecution-Court. 1646.

Estimated date of publication

24 January, 1646.

Thomason Tracts Catalog information

TT1, p. 416; Thomason E. 317. (15.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

To Our Reverend, Learned and Religious Brethren, the Prolocutour and the rest of the Assembly of Divines, now sitting in holy Conspiracy at King &illegible; the Seventh’s Chappell, at Westminster, &illegible; by fowl to the Two Houses of Parliament; These present.

REverend and Beloved BRETHREN, (for so I have Authority from your own secred President.) I cannot but take notice of your &illegible; vigilancy, and &illegible; endesvor: after this endlesse worke of Uniformity; that rather then you will loose the vantage of an opportunity, out of your &illegible; Providence, you can even create Opportunity it self, and then like the Godly, able, Orthodox of the Land indeed, most Prudently, in all Presbyterian Pitty, lay hold on the advantage, to consuming your endeavoured Uniformity: for after your so many spirituall, mysticall Conspiracies, the miraculous result of your must Seraphicke late Consultations for its present settlement, both &illegible; my Piety into an holy Admiration, that now I confesse your Policy high surpass’d my Sanctity; for upon the first of January, where the Injunctions &illegible; Generall Assembly in Scotland came into your grave and Learned Assembly against Toleration of Independency in this Kingdom & that read in your Reverend Audience, you had so ordered Superior. &illegible; that even in then very instant of time, (fast as if it had been &illegible;) this Most juditious argumentative Letter of the London Ministers, (from that Syon-Colledge-conspiracy,) should present it self; whereas the Learned Mr. Hinderson, forthwith in a Scotch Rapture, cryed out of the great Providence of GOD, saying, Doubtlesse no other but God was the Father of Two such Blessed Twins! that at one instant of time, so many godly, Learned and Orthodox of the 2. Kingdoms, should so happily concurre and meet with their desires, and advice for this generall Uniformity: Indeed is war a Providence neatly and plausibly &illegible; and doubtlesse would have done the deed, but that there is one thing that spoiles all, The Lord &illegible; the Tokens of Lyars, and maketh Diviners and,Jsai. 44. 25. &illegible; wise men backwards, and maketh their knowledge foolishnesse: But bire’s not all: The Assembly’s Anathama against Toleration, at that instant of time, it given into the HOUSE. O, there’s a Divine Providence indeed! Sure, our Syon Colledge is even Presbyterializ’d into the &illegible; Mobile, or else that supercelestiall Assembly at Westminster is REFORMD into the Emperiall Heaven, that &illegible; &illegible; Providence it self is thus in their dispose; an exaltation even into the Throne of God: Where are our Presbyters &illegible; They even are set as girls in the Temple of God, shewing themselves that they are gods indeed, by the working of Sathan, with all power, and &illegible; and lying wonders: Providence after Providence, &c. to deceive: All which I have &illegible; discovered, and in all Dedicatory humility represent unto your venerable &illegible; those my Observations upon this Letter; that happily you may take notice therein of a &illegible; Providence of God indeed, that such Godly, Learned, Orthodox Divines, &illegible; the Ministers of the City of London, should be so &illegible; in their wisedome, that their reasons against Toleration should inevitably conclude Toleration, condemne themselves, and their Presbytry, which I have endeavoured to evidence to the whole world, and leave it to the publike Tryall, either to stand or to fall by such their Reasoning, and against this &illegible; proffer, to have our &illegible; tryed by their own touch-stone, the Presbyters themselves cannot except: If I &illegible; then let me &illegible; your Churches &illegible; which themselves are pleased to put upon it, a Coat of divers Colours, pag. 1. Thus then for the prizse.

LONDON MINISTERS.

When all &illegible; are examined by the Word, then that which is best may be held fast.

Martin. This plainly grants an equity to the holding fast, or practising that with all freedome, which every man in his own understanding, by such examination shall so discover; or otherwise, Wherefore shall any have liberty of Examination after their understandings, seeing otherwise they cannot examine, if after their understandings, they may not practise, for what is written, is written for our learning, and consequently for our Practise; So that your Monopolizing all Liberty and Judgement into your own hands, is condemned by the equity of your owne Argument; If you will be sole Judges, you may besole Examiners too, for after wee have examined, if your judgement &illegible; us the practise, wee are never the neere, for Faith without Workes &illegible; dead. Wee may be sure, what ever our Examination &illegible; which entrencheth upon your Lordliness over your Brethren, &illegible; Pompe and Preheminence, your Ordinance for Tythes, your Congregationall, Classicall, Provinciall, Nationall Courts, &c. to expect determination concerning the same, to be of like effect, with that of the Lord Bishops, when it was put to Vote in the Lords &illegible; whether the Bishops had a Right by Law to Vote therein; Or like into your Answer given by your Committee, to Mr. Tomber 12. Arguments against Infant, Baptisme specifyed in his &illegible; pag. 2. Or rather more like unto the Answer which &illegible; the High-Priest gave unto Paul, when he had declared, that he had lived in all good Conscience unto that day: &illegible; him on the mouth, (Acts 23. 1, 2.) with the Presbyterian clutter-fist of iniquity.

Lond. &illegible; The &illegible; and endeavours of the Independents Toleration, at this time extreamly it unseasonable and &illegible; &illegible; 1. The Reformation of Religion is not yet &illegible; and setled among us, according to our Covenant: And why may not the Reformation be raised up at last to such purity and perfection, that truly tender Consciences may receive abundant Satisfaction, for ought that yet appeares?

Martin. But what Reformation is that, according to the Covenant, that you intend, till which our endeavours are extreamly unseasonable and &illegible; Sure wee must accept it in your owne Presbyterian sense, and what that is, is evident to the whole world, by your Pollitick endeavours, both private and publick, to be no other, but an absolute enslaving both of Parliament and People unto your Presbyterian Dictates in all matters Evangelicall and Spirituall; which is no other, but the very Spirit, Marrow, root, and Quinticense of Popery, against which, that very Covenant, in its genuine intent, expresly doth engage us and our Posterity in the fundamentall Extirpation thereof out of the Three Kingdomes; for indeed that preheminence is no other but an absolute Arrogation of Popish Supremacy, and spirit of Infallability, for plurallity of Persons in that arrogation, doth not alter the nature and essence of the thing arrogated, it is as well Popish Supremacy in a Synod, Classis, or the like, as in one man.

So that our Covenant doth engage us in the totall Extirpation of LORD PRESBYTERS, their Classes, Ordinances, &c. as well as of their Grandfather the Pope, their Fathers the Lord &illegible; their Courts, &illegible; &c. before them: Well, &illegible; it seems till this Popish &illegible; Prerogative (the &illegible; of your &illegible; after your sense of the Covenant) be absolutely &illegible; you judge it unseasonable and &illegible; Truly, (&illegible; end and beloved &illegible;) I submit unto your judgements herein, for to &illegible; is in the End, to crush the &illegible; in the shell, to prevent this approaching Papall &illegible; Tyranny and &illegible; of our Birthrights by the Independents Indeavours for a timely Toleration, before it be absolutely Presbyterian, will utterly annihilate and frustrate your designe, so that in your sense, it must needs be extreamly unseasonable indeed, when our mouthes are sowed up, our hands tyed behind us, our feet-fettered, then in your Presbyterian sense, comes in Our Season; &illegible; if before it he unseasonable and preproperous, that implyes, that then it will be seasonable; when the &illegible; is &illegible; you will give us leave to &illegible; &illegible; &illegible; Indeed we are obliged to &illegible; &illegible; Sanctities in the &illegible; degree, that you will be but pleased to &illegible; &illegible; mouth with a &illegible; Before, it is too soon, and after, it will be too late: And thus the truly tender Consciences may receive abundant satisfaction for ought that yet appeares, have their Persons banish’d or imprisoned, their goods Plundered and confiscate, their houses pull’d downe, and &illegible; made of the Timber to hang their tender Consciences out, to take the Presbyterian Ayre; soe no better as yet appeareth, and this is already evident both in their Writings and Sermons: (See &illegible; Sermon before the House, latter and of his Book.) And if they thus shew their teeth before they have full power to bite what will they doe, when their power is absolute; their &illegible; will be &illegible; if the future may be indged by the present, as all the &illegible; of the Wicked &illegible; Prov. 12. 10. And then wee shall be same (they having all Judgement in their hands) none shall be judged to be of truly &illegible; Consciences, but such as are Presbyteriall, such as will be awed ly their Power and Tyranny, the rest must stand upon their &illegible; Well, wee must stay till Reformation, according to the Covenant, be &illegible; setled, and what your sense is, is evident; but what Reformation is that the Covenant it self doth intend? Is it not a Reformation (after the &illegible; Letter of it) according to the Word of God? As for your Presbytery, though by your selves, in your late Petition for it’s establishment, &illegible; and &illegible; it to be the Ordinance of Jesus Christ, yet in the Judgement of the Parliament, it was Voted false and scandalous, and the highest title they ever voted upon it, was &illegible; &illegible; &illegible; therefore, not jure Divine: and it not jure Divine, then our Covenant which doth engage &illegible; in a Reformation, according to the Word of God, which is such an one, as is absolutely jure Divine, doth not engage &illegible; at all &illegible; Presbytrie, which by the Parliaments &illegible; confession, &illegible; but jure divine but rather to be &illegible; and the Parliament themselves, if they will but practise according to their owne Votes, cannot &illegible; us thereto by &illegible; of our Covenant, but are to Protect us and our Posterity from it; not suffering Presbytery no more then Papistry and &illegible; which are but jure &illegible; to insult and &illegible; over us, our Conscience, Persons or Estates; for if by our Covenant they be bound to safe-guard Us from the &illegible; of Papistry and &illegible; (the Two first divisions of the great City Babylon,) because they are but jure &illegible; then they are equally thereby bound to Protect us from the Tyranny and Oppression of Presbyters, (the third Division,) for themselves say, it is but jure &illegible; And yet, forsooth, you challenge the Precedency, your &illegible; be served first, as though you were the Children, and the Independents the &illegible; The Independents might rather &illegible; that the endeavours of the Presbyters are &illegible; and &illegible; till Independency be setled; for the Parliament never yet Voted Independency to be jure &illegible; neither are your selves able to prove it so to be.

Lon. Min. 2. It is not yet &illegible; what the Government of the Independents is, &illegible; would they ever &illegible; to let the world know what they &illegible; in that point, &c.

Martin. If it be unseasonable (according to your reasoning,) for such Independents, whose Government is not made known to the World; (for that is the reason of your Argument, for you state the unseasonablenesse in the non-knowledge, &c.) then for such whose Government is made knowne, must needs be seasonable, after the same reasoning.

But Reverend MARTIN, with his Brethren, where you dignify and &illegible; by the names of &illegible; &illegible; &c. have declared their Discipline to the whole World, &illegible; by their Preachings, Writings, and &illegible; practise, even unto this day: See the Confession of the 7. Churches. See Mr. Turners model, &illegible; An &illegible; &illegible; for &illegible; &illegible; Therefore the endeavours of Reverend MARTIN, and his Independent Brethren, must now be seasonable, ever from your own reasoning.

But I must needs tell you by the way, you need not much urge the only seasonablenes of yours from the knowledge thereof: I pray you, what is it? can you tell your selves? You tell the Independents of their reserves, but what may they say of yours? for wee have yours but in part, and that neither presented, but by Peece-meals; now a little, and then a little, and still reserves in the rear, yea innumerable, still, for any thing we can perceive, which are but yet hammaring out to the temper of the People; what they are, is best known to your selves: what is knowne, is not so beautifull, as to make all others unseasonable and præpreperous: If drawn into a Modell, I think it will rather affright then allure; for in the Bulke, it is no other then a Bundle of Tyrannicall Ordinances, and wicked Lawes over our Consciences, Persons, and Estates, to corment us in endlesse Suits and Appeales from Court unto Court, Congregationall, Classicall, Provinciall, Nationall, &c. with mercilesse Mulcts and Penalties upon our Persons, as your Thundering Ordinance for the Covenant, your Plundering Ordinance for Tythes, your Monopolizing Ordinance for Preaching, your Romish Episcopall Ordinance for Ordaining of Ministers, your devouring Ordinance for the better establishment of your Directory, your High-Commission, Star-chamber Ordinance for the Lords Supper, &c. witnesse to the whole World: and truly, whether this Presbyterian Modell of your Government be so honourable, to make all others unseasonable, I leave to the woefull experience of those against whom this Modell of Ordinances is in force, yea, even to the whole World, to judge.

But not to detract from the integrity of those Independents, you here intend, it is evident, that hitherto the Assembly have suppress’d the bringing in of their Modell, that they (by all their unwearied endeavous, could never attain an equall and just liberty thereunto, either by dispute or otherwise, as the copy of their Remonstrance touching that businesse doth declare. Now let the World judge, whether this be fair and reasonable dealing, such as becomes the Ministers of the City of London. First to suppresse the delivery, and then like Scholast Synodicall Disputants, to urge the non-delivery, as an Argument against their Toleration. ’Tis a slout Argument, if but followed; If it be in force to any, it is to the suppressors not the suppressed.

Lon. Min. Secondly, their desires and endeavours are unreasonable, and unequall its divers regards. 1. Because no such Toleration hath been established (so farre as we know,) in any Christian state, by the Civill Magestrate.

Martin. It seems Holland, Poland, Transilvania, &c. where free Toleration of all sorts of Independents is established by Civill Magestrates, are not Christian States, because they are not wholly Presbyterializ’d, Tolerating none but Presbyterian: So that in your sense, they are no further Christian then they are Presbyterian: So that if this Parliament should tollerate any other but your selves, it seems you make account to Unchristen them all, your Bull is prepared against them, you have told them what they must expect, the censure of Infidells, Heathens and Hereticks, an Excommunication ipso facto, for they must not be Christian. But in case there were no such Toleration in any State professing Christianity, yet that were no Argument against Toleration, for Evangelicall Precept is not derivative from Humane President: The practise of Emperours, Kings, States or the like, is no Evangelicall Rule; for Evangelicall Right, must have Evangelicall Authority, which one would have thought had been known to Evangelicall Ministers, such as you stile your selves.

Lon. Min. 2. Because some of them have solemnely profess, that they cannot suffer Presbytry, and answerable hereto is their practise in those places where Independency prevailes; Therefore their Toleration is unreasonable and unequall.

Martin. If their Toleration be unreasonable and unequall, because some of them solemnly professe, (which I scarse beleeve,) that they cannot suffer Presbytry; then by the same reason, the Toleration of Presbytry is much more unreasonable, and unequall, because all of them doe solemnly professe, that they cannot, neither will they suffer Independency; though Independents could suffer them, would but the Parliament, according to their own Covenant and Lawes, knock off their Horns, pluck out their Tusks, break their Jaws, pare their Nailes, that they neither Push, goar, trush, bite, scratch or devour any more: for if it be in force to all, for that denyall by some, it is much more forceable to all, where all deny: So that, if the denyall of Toleration be a sufficient Argument, (as it seems according to the Reason of the Lon. Min.) against the Toleration of such denyers, then what must become of the Presbyters? The same pit that they have digged for others, they must be consent to fall into it themselves.

Lon. Min. Many mischieses will inevitably follow upon this Toleration, and that both upon Church and Common-wealth. First to the Church.

Bitten heart-burnings among Brethren, will be fomented and perpetuated to Posterity.

Mar. The reason of this Argument in this; That which will occasion heart-burnings, foment and perpetuate them to posterity, is not to be tollerated in a Common-wealth. Therefore, if I prove an Universall Tolleration will be an occasion of allaying of heart-burnings to posterity, Persecution the contrary, then by the Argument of the Lon. Min. such Tolleration is lawfull, and that which they so ignorantly prosecute, unlawfull.

That which occasioneth murmurings, repinings, fears, jealousies, conspiracies, insurrections, rebellions, &c. begetteth heart-burnings, and perpetuates them to Posterity; and so by your Argument, not to be Tollerated: And on the contrary, That which doth not beget murmurings, &c. doth not beget heart-burnings, or perpetuate them to Posterity, but tendeth to alloy them, and prevent them, and so by your own reasoning to be tollerated.

But Persecution, or Non-Tolleration which you plead for, occasioneth and begetteth murmurings, repinings. &c. for it enrageth the Conscience, then which, nothing is more neare and dear unto us, and a wounded Conscience, (saith Solomon,) who is able to bear it? Wee had rather loose our lives then deny our Faith; and what will not men doe for their lives? this suggesteth and provoketh to Conspiracies, Jnsucrections, Rebellions, &c. as Holland, France, Germany, Jreland, Scotland and England &c. have felt by woefull experience: Nothing is more desperate and resolute, then an enraged Conscience, it is of a Lyon-like nature in its fury, it beareth on a man, even to the shedding and laying down of his life; no dangers, no attempts, though never so difficult, never so desperate, can beare it down; it will venture, though it perish, and on the contrary, (to usemine own words in the Arraignment, pag. 12.) it is a Lambe, if appeased, and nothing more mild, more gentle and loving then it. Enraged, it is like the wild bure out of the Forrest; pleased, it is like the Dove from the Arke; no greater friend, no greater foe; Oppression (saith the Wise man) will make a wise man mad; a very worme will turne again, if troad upon; It may beget wrath, but never can beget Love, and that which doth so, must needs beget heart-heart-burnings and perpetuate them to posterity; Therefore by your owne grant, not to be Tollerated: Thus the Fowlers are caught in their owne snare.

Lond. Min. The life and power of godlinesse, will be eaten out by frivilous Disputes, and vaine janglings.

Mart. The Reason of this Argument, is this, That which cateth out the life and power of godlinesse, in the judgement of the Lon. Min. is not to be tollerated. Whence I Reason.

That which preventeth the breaking and spreading forth of Knowledge in the Word of God, esteth up the life and power of godliness.

But Non-tolleratition, your silensing all Disputes, tryall of Doctrines, and confining unto all your Dictates, preventeth & suppresseth the breaking forth, encrease and growth of knowledge; for by faire and equall Reasonings, and tryall of Doctrine, light would daily break forth and encrease; as common experience doth witnesse.

How could you have been converted to Presbytry? How could the Rottenness of Popery, Episcopacy, &c. have been discovered, and spread through the Kingdome, had it not been for Preachings, Writings, Disputations, tryall of Doctrine, &c.

Therefore your Non-Tolleration, and suppressing of all Disputes, &c. cateth up the life and Power of Godlinesse; and therefore not to be setled.

Thus farre the London-Ministers and MARTIN are agreed: Surely their Letter is a close couched Presbyterian Designe of comming over to Independency; He promise you, this is a faire step at the first, and pretty cunningly carried: we gratulate our so happy concurrence; Sirs, You are all heartily welcome to our Sanctuary in TOLERATION-STREET, and we acknowledge our selves deeply engaged to the London Ministers, for their good service to our cause: Be therefore encouraged, Reverend & beloved Brethren, goe on and prosper, wee are not offended at your Policy, to Reason thus covertly for us; wee well know, that Rome was not built in a day.

But let us proceed, and see what further Assistance your Reasons affords.

Lond. Min. The whole course of Religion in private Families will be incorupted and undermined.

The Reason of which Argument is this.

Martin. That which interrupteth and undermineth the course of Religion, in private Families, is not to be setled.

The edge of which Reason, I thus turne against you.

That which tendeth to the making of Hypocrites, Fearers, and pleasers of men more then of God, must needs interrupt and undermine the purity of Religion in private Families.

But the coercive Power, which you so plead for, doth so, for &illegible; &illegible; multitudes, (as common experience doth too much &illegible;) for fear of bodily punishment, deprivation of their goods, losse of their Places, Trading, &c. to dissemble with their Consciences, even practise contrary thereto, and temporise with the Time, which is an absolute perversion of the power of Godliness in them Therefore.

Lon. Min. Reciprocall duties between Persons of neerest and &illegible; relation, will be extreamly violated.

Mar. The reason hereof is, That which is destructive to reciprocall duties, is to be abominated; the which I thus retort upon your owne heads. That which setteth Father against &illegible; sonne against Father, &illegible; freiad against another, King against Parliament, Parliament against King, Kingdom against Kingdome, and divideth Nations and People amongst themselves, and enrageth them one against another, extreamly violated. Reciprocall Duties betweene Persons of neerest and dearest relation.

But so doth Persecution; For where this principle it, of foreing the contrary-minded, will they, will they, it engendereth and begetteth feares and jealousies one of another; and when one knoweth the other is his mortall enemy, it maketh each other to stand in defyance and defence one against the other, even to the drawing of the sword, especially when one thinks he can conquer the other, which makes them lie in wait for blood, witnesse our Armies of this Kingdome; and hereupon they wallow in one anothers blood: Yea, what will not the oppressed doe against the oppressour; Tyranny is the another of Conspiracies, &illegible; Repinings, &c, which at length break forth (after they have gotten strength,) into open Rebellions, Insurrections, &c. Therefore Non-Toleration extreamly violateth reciprocall dueties between Persons of nearest and dearest Relation.

Lon. Min. 9. 10. All &illegible; Sects &c. (See the Letter.)

Mar. The marrow of these two is this, That Independency is not to be Tolerated, because other Sects and Heresies, under that notion, will seek to be tollerated: But in case they should not, them by the vertue of your Argument, it should be tollerated: So that, by your own grant, its Toleration is only accidentally unequall; not absolutely in respect of it self; but casually in respect of others. Therefore, why are you so &illegible; against the equity of its Toleration, seeing from your own Argument, it is equall. If it be good to tolerate that, and evill to tolerate &illegible; &c. you must not forbeare the good, to avoid the evill, doe evill, that good may come of it, but must doe the thing that is just and equall in it self; that is, tolerate the Independents, whom you title Brethren, godly and learned, and doe to them, as you say of them, what ever becomes of us; wee neither expect nor crave your mercy: If we cannot have Justice on earth, wee appeal unto the God of heaven, and meekly and freely submit, to suffer for his Name, with our hearts rejoycing, that wee can be counted worthy so to doe.

L. Min. Secondly, (mischiefs) to the Common-wealth; for thereby the Kingdome will be weakned by Scandalls and Divisions, &c.

Mart. The reason of this Argument is, That which tendeth not to keep all in Peace and Civill Society, but reduceth them to Divisions and scandals, that is not to be established by your thus reasoning: But Non-toleration keepeth not all, but one predominant Sect in Unity, dividing all others from it; persecuting, reviling, upbraiding, and reproaching them, though never so honest, godly, conscienscious, sober, meek, and neighbourly, with lyes, scandalls, nick-names, as Anabaptists, Brownists, &illegible; Hereticks, &illegible; new wandering Blazing-Starres & Firebrands, pernitious matiners, &illegible; Generation, schismaticall, Anti-Parliamentary, &illegible; &illegible; daring, presumptuous, &illegible; libellous, scandalous, seditious, insolent, blaspheraous, seditious Trampetiers, revilers of God, despisers of Government, resisters of Higher power, stirrers up of Sedition and insurrection, Anabaptisticall Sectaries, New furious Sectaries, &illegible; conspiratours, &illegible; of Parl. Anti-covenanters, audatious, contemptuous Libellers, New furious Ringleaders of Sedition, House-creepers, Incendiaries, Royling Rabshakeh’s publick &illegible; Affronters of Parl.*blasphemers against the Assembly of Diviner, &. which are no other then termes of provocation and wrath of vengeance and ignomy, tending to the breach of the generall &illegible; of Unity, Peace, and Civill Society, which must needs extreamly weaken the Kingdom, for the Kingdome lies in the Unity of the People. Therefore your Non-Toleration ought in no wise to be established.

L. Min. It is much to be doubted, least the power of the Magestrate, &c. See Letter.

Martin. The reason hereof is, Those that are Anti-Magesteriall, or weaken the Magesteriall Power, are not to be tollerated: But your intended Prelaticall Presbytry is Anti-Magisteriall: &illegible; you have brought your Hogges to a faire market, held in Toleration-street at the signe of the Subjects Liberty, &c.

Minor proved.

Those that would not have all coercive Power in the Magestrates, hands, are Anti-Magesteriall, and weakners of the Magestrates Power.

But Presbytry would not have all coercive Power onely in the hands of the Magestracy, but laboureth to encroach, as much as possibly it can into its own hands, as continued practise doth evidence. Therefore, by the London Ministers own reasoning, Presbytry is Anti-Magesteriall, and not to be setled.

On the contrary. Those that would have all Civill Power, preserved intire in its own proper Magesteriall compasse, are not in the least Anti-Magisteriall.

But Reverend MARTIN, with his Independent Brethren, would have it intirely preserved in its own Magesteriall compasse; they would not have it wrested or perverted to this or that Sect, to this or that Religion, but would have it, yet, expose their lives to have it preserved precisely in its own property.

Therefore, Reverend MARTIN, and his Brethren are not Anti-Magesteriall: But in all faithfulnesse, acknowledge themselves not onely ly bound to pray for all in lawfull Authority, but even to spend their Lives and Estates in their Just Defence, against all opposition, encroachment and usurpation thereof, whatsoever: And to this our practise, hath given Witnesse, even when Magestracy was in greatest danger of subvertion; for when the Parliament had no other helpe under God, then we stuck closest to them; even, when the King came in a Hostile manner for the 6. MEMBERS in the House; while the degenerate Temporizing Presbyters, stood as farre off, as from Scotland to Westminster; and have continued unspotted in our Fidelity to them, even unto this very day.

And this I dare be bold to affirme, That if the King should conquer and confound the Parliament, the now Parliamentized-Presbyters, even the Clergy in generall, would therewith be Royalized, rather then loose their severall Parsonages, and that which is now Antichristian, Episcopacy, would then be as Christian as ever it was in their esteemes; for they’l tell you, That they must submit unto the Higher Powers, and the Powers that are, are of God; and that cures all.

If you doe but consider, they have even reserv’d an help at a dead lift, they tell us now, That a Bishop and a Presbyter is all one, and thereupon retaine their old Ordination, derived from a forraign Power, and so goe forth, and ordaine other young Bishops; So that if the King should subdue us, they are still in their Episcopall Ministry, and a little Royall Reformation would continue their places. Then they would take Covenants, Preach and pray against the Parliament, as much as ever they did against the King: Thus, rather then they would be confounded themselves, they would let true Magesteriall Parliamentary Government goe to confusion; and in that Day of Tryall, scarce any would be found to witnesse against Him, except the now despised handfull of Separates.

And yet wee must be cast out of the Parliaments Protection, by this Temporizing Faction of Presbyters: Ingratefull Inhumanity! Heare O &illegible; and judge O Earth!

BUt whereas his Holiness, out of a late spirituall Rapture, at that Inquisition Ordinance of the Supper, hath in the 6, 7. and 8. pages of the Ord. for Tythes Dismounted, even spurn’d at Synodean prodigy in the Highest Orbe; whereupon through the weaknesse of some, and malice of others, I am misconstructed to be Anti-Parliamentory: I would have such, the Two Honourable Houses of Parliament, and the whole World know, That there was not, nor is to this day, the least thought, or intent in my heart against Magesteriall Government, either therein, or in any thing else that I have written; And of this I take God to Record, as I shall answer it at the great and Dreadfull Day of Judgement, when the secrets of all hearts shall be disclosed; Onely respecting Presbyterian deprivation, or corruption too much diffused (to my hearts grief) into the Two Houses, by the bewitching subtilty, and over-powering Policy of that prevalent, deceitfull, Synodean Faction; and so my writing there, is not against that High and Honourable Court, or any thing in their Magesteriall capacity, but simply against the Presbyterian Exorbitancy, in the Names of the LORDS and COMMONS stretched beyond the limits and Precincts of their Magesteriall Function. As for the Congregational, Classicall, Provinciall, Nationall Courts and grievances, there mentioned, I was forced, in Equity and Iustice, to use them in their Names, in whose they were owned and published, else how could I have discharged my Duty in the reproofe of the one, or discovery of the other; so than my virulency and bitterings there, is onely against Presbyterian Competitors, and &illegible; into the Office and Royalty of my most Soveraigne Lord, the King of Kings, CHRIST JESUS; against all tyrannicall encroachers, and usurpers of our Birth-rights, Liberties, and freedoms in Persons and Estates, under what pretence, notion or Title soever.

So that in plain English, the proper morrall and genuine intent of those 3. pages, is a meer contestation and defyance of your Presbyterian Tyranny, whether in the name of the two Houses, or otherwise gloss’d or presented; labouring thereby only to brush off the superiour Title of the Two Houses from it, that it might be cleerly discovered in its proper ugly Presbyterian shape, unto the Kingdome; only to pluck off its Parliamentary cloak, that we might the better discerne that Synodean, Presbyteran Monster. That the People, under that specious Magisteriall vizor, may not entertaine that deadly venomous Presbyterian Serpent into their bosomes, and be destroyed unawares.

Thus I am resolved to oppose Tyranny it selfe, where ever I find it, mangre the malice of Devills, and terrour of the mighty Rulers of this Earth, yea, even of the sturdy Presbyters themselves; though I, and all that’s mine perish, Ile doe it: were there a Parliament of no lesse then Emperours, Kings and Princes competitours with it, I would spare them in my just testimony against it, no more then I would so many beggers upon a dunghill, for I have not the truth of my GOD, nor the love of my Country in respect of Persons.

And this my contestation and defyance of Presbytry, is no otherwise against it, but onely as it is Exorbitant, Tyrannicall, Prelatticall, Cruell and Ambitions; as for honest, meek, Evangelicall Presbytry, I am ready, through the Power of my God, to seal it with my blood, even &illegible; of an unfained love thereunto. So that in brief, my enmity is onely against Tyranny, where ever I find it, whether in Emperour, King, Prince, Parliament, Presbyters, or People.

Thus Reader, thou hast my own proper sense, as being best expounder of my own words, for no man knoweth the heart of man, but himself: All other I utterly disclaime, and onely own that fore-mentioned Sense, and thereto subscribe.

MARTIN MAR-PRIEST.

DOUBT.

Who hath &illegible; the Coat of Divers Colours, MARTIN, or &illegible; London-Ministers?

FINIS.

Endnotes

 [* ] See Prynt Fresh Discovery. pag. 17. Contents of the 4. Sect.


T.55 (8.27) Thomas Johnson, A Plea for Free-Mens Liberties (26 January, 1646)

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Bibliographical Information

ID Number

T.55 [1646.01.26] (8.27) Thomas Johnson, A Plea for Free-Mens Liberties (26 January, 1646).

Full title

Thomas Johnson, A Plea for Free-Mens liberties: or The monopoly of the Eastland marchants anatomized by divers arguments (wch will also serve to set forth the unjustnesse of the marchant-adventurers monopoly,) and proved illegall, unnaturall, irrationall, against the honour of the nation, tending to its ruine and vassalage, procured by evill counsellors: and lastly treasonable: with a short comment upon their oath, worthy of every mans serious perusall. Penned for the publique good, by Thomas Johnson marchant.

Estimated date of publication

26 January, 1646.

Thomason Tracts Catalog information

TT1, p. 417; Thomason E. 319. (1.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

The Prologue to all the Commons of England.

VVOrthy Freemen of England, the former publique Magistrates of this Kingdom, by their Machivilian empoysoned principles, and specious pretentes of common good, whereas nothing lesse was intended, have most cunningly and frandently cozened you of your native freedoms, to which by the fundamentall lawes and constitutions of the Kingdom, yee were born unto, & secretly by wicked patents have stolne away your Birth-right, to set up the particular and self interests of private societies: One of which I here present to your serious consideration, as a great grievance and burthen under which the honest Clothier especially, and thousands of poore people groane: yee know for what this Kingdom hath almost been wasted to asbes, yee have spent so much of your estates and blood, viz. the subjects liberty, to which all civil government is subservient. My advice to all is this, especially that clothiers and others, who are deeply interessed, that as they love their blooding dying Country, their deliverance from so great a thraldome, they would by patitioning, and all lawfull &illegible; &illegible; &illegible; with the Parliament, for the removall of this and all other pressures. They are bound in duty to God, in justice to you, in discharg all of so great a trust committed into their hands, to ease you of all unjust grievances, intolerable burthens, be therefore active in the work. For very importunities sake, your indeavours will be crowned with a happy successes and (if you &illegible; &illegible;) &illegible; the &illegible; of your &illegible; which shall &illegible; be the desire of &illegible; who is willing to &illegible; you.

Thomas Johnson.

WHosoever survayes this hand in her radiant and shining luster with community and freedom, cannot but say, a &illegible;! oh how great a change I for indeed, this Kingdom is a corporation or society of men under one form of civil government, made by common consene in Parliament, who are all bound by the law, to maintain common freedom, and the generall good of each other.

But particulars, Patent societies swelling with a Iuciserian spirit, in desiring to advance into a higher room then their fellows, did by setuptitlous Patents incorporate themselves, exclusively became destructive to the whole body, and subverters of the true ancient priviledges of the people, and of all societies, those of Marchants are the worst, having no foundation on the lawes; The fellowship and charter of those that stile themselves Marchants of East-land, is a monopoly of this kind, according to the true genuine sence of the word monopoly, relating to a private company, who ascribe unto themselves the sole exercise and benefit of such a trade, wherein every subject hath equall freedome with them, all which this monopoly doth, and is illegal, being contrary to magna Charta, the petition of right, Statutes of monopolies, with divers others, and in particular these 3. following: 1. is of the 14. of Edw. 3. 2. Jrem, Where it is contained in the great Charter, that all Marchants shall have safe and sure conduct to go out of the Realm of England, and to come, and abide, and go through the Realme of England of well by water as by land: we at the request of the Prelates, Earles, Barons, and Commons, will and grant for us, and for our heirs and successors, that all Marchants, Denizens, and Foraigners (except those which be of our enmity) may without let, safely come into the said Realme of England, with their goods and Marchandize, and safely tarry and safely return, paying the customs, subsidies, and other profits reasonably thereof due, so alwaies, that franchise and free customes reasonably, granted by us and our ancestors to the City of London, and other cities and good Towers of our Realm of England, be to them saved. The 2. is of &illegible; Ed. 3. 3. That the ordinance made before this time upon taking of sorts of wools in every County, be wholy nulled and defeated, and that every man, as well stranger as privy from henceforth may buy wool, according as they may agree with the seller, as they were wont to do, before the said ordinances, and that the sea be open to all manner of marchants, to passe with their marchandize where it &illegible; please them. By both these statutes it evidently appeareth, that every Englishman may transport his commodity without molestation, to what port beyond sea he pleaseth, and make sale for his best advantage, every Englishman being a native denizen and privyman of this kingdom, according to the true meaning of the law for it is imaginable to me, that the law should provide better for aliens, then her own children, the 3. is of 12. H. 7. 4. viz. as followeth To the discreet Commons in this present Parl. sheweth unto your discreet wisdoms, the Marchant Adventurers inhabiting and dwelling in divers ports of this Realm out of the City of London, that where they have their passage, resort, course and recourse with their goods, wares, and marchandize in divers &illegible; and parts beyond the sea, aswel into Spain, Portugal, Britan, Ireland, Normandy, France, &illegible; Venice, &illegible; Eastland, Freezeland, and other divers and many places, regions and countries being in league and &illegible; with the King our soveraign Lord, there to buy and sell, and make their exchanges with the said goods, wares, and marchandizes, according to the law and custom used in every of the said regions and places, and there every person freely to use himself to his most advantage, without exaction, fine, imposition, or contribution to be had or taken of them, to, for, or by any English person or persons. &c. By which Statute, all marchants, aswell those inhabiting in divers parts of the Kingdome, as of the City of London, as also every free born subject, is acknowledged as his right to have freedom to trade to the said parts mentioned and to divers other regions and countries without subjection of any patent or paying any exaction, fine, &c. for in that the &illegible; saith, every person freely to use himself to his most advantage, without exaction, &c. to be had or taken of them, or any of them, to, for, or by any English person, or persons, it clearly holds &illegible; that the marchant, and consequently every man that useth comerce in these parts, ought not to come under the obedience of any oppressing corporation whatsoever: now Donst and the East-land being expressed in the slainte, which are the principall parts to which these East land marchants are priviledged by their monopoly, and indeed the crown and glory of the rest for venting our native commodities, as also the other included, when the &illegible; saith and other divers and many places, regient, and countries, I hope every honest man willbe willing with heart and hand to endevour the recovery of our birthright which the law so evidently makes our owne from these unjust oppressors.

2. Contrary to the light of nature, which teacheth men to walk by congruity and equality, not to oppresse, because they would not be oppressed, not to take away any mans right, because they would not have another use the same, measure to them. Which principles of nature are engraven upon the nature of heathens, who certainly will rise up in judgement one day against these men that sell us for slaves in our own land.

3. It is irrationall, reason being the fountain of all honest laws, gives to every man propriety and liberty: propriety of interest, freedom of enjoyment and improovement to his own advantage, from that propriety take away freedom, & a considerable part is gone nay we see it by expenence, that those who have berest us of our liberty, have made hold with our propriety, and indeed if prerogative may take away the one, why not the other from the same principles? so that it appears to be rationall, that every native who hath propriety of goods, wares, and marchandize, hath freedom to transport them to any part beyond Seat, and there convert them, to his own profit, it being his true and proper inheritance so to do, it is very strange to my understanding, that one man should do the work, and another man receive the wages I mean, that the honest clothier who has toyled much in the making of his cloth shall not have the benefit to sell it here for his own gain to ship it for more profit, but being debarred of freedom in both, must make sale to them, in whose power it into give him what price they please, whereby he is cheated of the fruit of his labour.

4. That the monopoly is against the honour of the Nation, because by it the people are put in a condition of vassalage in their own country, it takes away industry the spring of wealth, the hearts of the people being brought to servility and not able by reason of this, and other the like patents to imploy themselves, cannot chuse but procure sad effects if not timely prevented, for.

5. The patent was illegally procured by the solicitation of evil Counsellors, under the broad seal of England, in the 25 year of the raigne of Queen Elizabeth, it being of no longer standing under spectous pretences, as the profit of her then Majesty, the good of the Kingdom, &c. whereas by it the natives have his weakned and spoiled, which will easily appear, if we consider these particulars.

1. By reason of this Patent, thousands of poor people are in a condition of beggery, who otherwise might maintain themselves in honest callings, by the making of cloath, and other woollen manufactures, by carding, spinning, wearing, &c. and certainly this one thing throughly considered, should stirre up the bowels of every truly noble spirited Englishman, to double his strength, if it were possible, as hundred sold, in all just wayes, for the removall of so great an obstraction.

2. The poor Clothier suppressed, none being to made to these parts but the company, the clothier makes not half the cloathes he might: and for those he doth make they being of a confederacy, and having all the priviledge of buying in their own hands, by reason whereof, many times he is forced to sell them at a far less price then they cost him in making, or else to keep them till the next year, which discourages and slackens the clothier in the prosecution of his calling, and causeth some to fail, others to give over, and those which remain, many of them scarce can make a living.

3. This Monopoly greatly impareth the trade of cloth, those who are judicious affirm that 5000 cloths more then are, would be made, shipped, and expended yearly in those parts to which they are authorised to trade to, which I verify beleeve & prove thus, all the cloth they ship, some extraordinary times excepted, it but to 1. or 2. Towns, and there residing their Factors, who making sale to the Burger, he sendeth the cloth up and down the Country, from whence ariseth many mischiefs the Countries not being furnished as they should: as also the selling at such excessive rates, causeth the Datch to make cloth in an aboundant manner, & to be satisfied with it, though it be exceeding course and again, there being divers Kingdoms, Dominions, Dukedomes Countries, Cities, and Towns, to which by their patent they are licenced, what advantage would the young marchant have, having so vast a compasse, how active would he be from Town to Town, from City to City, from one Country to another, and selling cheap, would invite forraigne parties to set a true estimate upon our native commodities, and certainly were trade free, Sweedland, and Powerland, would vent much cloth, whereas the company is not able to satisfie the Eastland it self, by reason of the smalnesse of their stock, it may be easily conceived, that such a small Company of private men, are never able to suffice such famous Kingdoms and Dukedomes to which they onely are licenced to traffick.

6. It causeth a great decay of Navigation, which sustaineth the mariners, so that by this and other the like patents, the Saylorie greatly greatly supprest.

7. It obstructeth returnes, divers of the most stable commodities which our Country stands in, need of, are imported by them, viz. flax, hemr, pot-ashes, pitch, tarre, course linnen packing, canvas with divers other very considerable marchandize, now they bring over when they please, and what they please, and sell at what price they please, which cannot but have sundry evil concomitance. 1. Our Country is not satisfyed with that variety and conveniency it should: and 2. By reason the Citizen gives such an unreasonable rate to the marchant, the poor have all excessive dear, giving many times half as much more then the comodity is worth, or then it would be sold for were the trade but open, from which and such other dealings it in, that the people are unconscionably wasted, and weakned, and therefore what ere it cost us, lets have this ravenous patent down, whereby there would be all these gallant effects: multitudes of poor maintained the clothier raised, the trade of cloth greatly augmented by reason that thousands might be vented more, then are the number of merchants increased, the art of navigation furthered and lastly, an universal benefit to the whole nation, from the plenty of marchandize imported which we should have at far easier and more valuable considerations. Ob. But if trade be free, the Alien will expect freedom also. As I see no ground but aliens paying custom, provided alwaies that wee enjoy as full and large priviledges with them, they ought to have the like here with us but secondly suppose the State should prohibit strangers, yet there is no shadow or colour of right reason, that we who have equall liberties in the lawes have ventured our estates and lives so freely, to preserve them, should be deprived of our inheritance, and therefore for further satisfaction, I shall here insert part of their charter, that every one may judg whether it be just or no: Forasmuch as we be credibly informed &c. that you our Subjects marchants, and others, exercising and using the &illegible; and seat of marchandize, one and from any our Dominions through the sound into the Realmes, Kingdoms, Dominions, Dukedomes, Countries, Cities and Towns, of Norway, Swethia, Poland, and the territories of the same Kingdoms, as also into &illegible; and Liestand, under the dominion of the King of Pole, Prussia, and also Powerland, from the river of Odera Eastward, and also Ry and Revill in Liestand King Kingsbrough, Elbinge, Brownsbrough, and Dansick in Brusia, Copenhaven and Elsenore in Dansk: except the Nerve, and the territories thereof belonging at also into the sland of Finland, Goteland, Eweland, and Barutholme, within the Sound aforesaid, by one consent are willing to gather, congregate, and assemble your selves into one fellowship, and to be one body incorporate and politique, indeed, and in name; wee considering that your purposes in this behalf are very lausable, do therefore not onely approve and ratifie the same, but will you to persevere in your good minds and purposes, to the establishment and perfection thereof, and earnestly desiring that our marchants and their successors haunting the said Kingdomes, Dominions, Countries, Cities and Townes, before mentioned or any of them, for merchandize, in and through the Sound of the Kingdome of Denmark (except before excepted) may from henceforth profit and increase as prosperously as any marchants of this Land have aforetime increased and profited, & do grant for us, our heires and success us that from hence forth there be and shall be of the said Fellowship, one Governour, and one Deputy, or Deputies, and foure and twenty assistants of the land fellowship; and that they, or the major part of them, may make Statutes, Lawes, and ordinances: and that the aforesaid Governour, or Deputie, or Deputies, and their successors, or the major part of them, as is aforesaid then present, as often as need shall be; the said Statutes, Laws, and ordinances, shall and may execute and put unexecution aswell within our Realme of England, as within the said Realmes, Dominions, Cities, and Countries, and every of them: and for that divers persons, our subjects, being not brought up in marchandize through their ignorance and lack of knowledge, commit many inconventency, we willing to resist and prevent them, and intending to further the expert marchant in their lawfull and honest trade: will, and by our Regall Authority we Command, and also prohibite and forbid by these presents, that no subject of us, our heirs, or successors, which is not, nor shall bee by force of these presents made free of the said Felloship shall by any maner of meanes at any time hereafter inter meddle in the trade of Marchandize; or by any meanes buy and sell, or use any traffique into the said parts of Eastland, and Countries aforesaid, or any of them, (except before excepted,) upon pain to incur our indignation: as also to pay such fines, and amencements, and to suffer imprisonment, and such other paines due to the Transgresson of the said statutes, ordinances, and constitutions of the said Fellowship, or to the said Governour or his Deputy and assistance aforesaid, shall seeme meere and conveniene, any Law, Statute, Custome, or Ordinance, to the contrary thereof, many other things notwithstanding &c.

And do further by these presents inhibit and forbid, all and every our subjects, and the subjects of us our heires and successors, not being licenced and authorized by vertue of these presents, to traffique in and to the said Countries, Kingdoms, Towns and places before recited, or use any manner of trade in and to them, contrary to the tenor of these presents upon pain to incurre the displeasure of us, our heires and successors, and to be fined, payned, and imprisoned, according to the severall discretions and laws of the officers of the said former severall Companies and their successors, witnesse our self at Westminster, the 17. of August, in the 11. year of our Raigne.

I no sooner made a surveyal of this cruel engine, what intollerable breaches & inrodes it hath continually made upon us, but was call into a sudden admiration, that so free 2 people as England, should suffer themselves so violently to be ground to power, which I shall illustrate to be treasonable in the practisers of it by these position: 1. If to survender a Castle by the Captain of that Castle through fear and cowardize, and not from any compliance with the enemy be treason, as was adjudged in the Parliament 1. Rich. 2. then is this a treasonable patent, for besides the place, there is onely a losse of the adjacent parts, but by this patent our lawes, liberties, nay our very lives, in pursuance of both the former, are subjected to will and tyranny, he that walks in the exercise of freedom, according to law, it subject to their counter commands, and to be fined, payned, and imprisoned and to suffer such other punishments as to them shall seem meet and convenient.

If to kill a judg upon the bench be treason, because of malice, not to the person, but to the law, then is this a treasonable patent, here is not onely a malice to the law, but a most butcherly weapon killing and destroying of it, these 2. cannot dwell together, for the life of the patent, so far as it extends, is the death of the law, which stops its free course for the benefit of the people, and makes it meerly a dead letter, a carkas without a soul, a power being given to Mr. Governour and his companions, to make laws, statutes, and ordinances which power is more and far greater then belongs to the chief magistrate to give, or can legally or justly be exercised by any but the Parliament, and therefore not to be received by any person or persons whatsoever, and certainly those laws, and all that government derived from Queen Elizabeths broad seal commission are according to the lusts of these men, being extrajuditiall, in that they are above the sphære of the law. 2. Contrary to the law, if the endeavouring the subversion of the ancient fundamentall lawes and government of this Kingdom, and to introduce an arbitrary and tyrannical government be treason, as was adjudged in the case of the Earle of Strafford, and in the case of Sir Robert Berkeley, by the first article of impeachment by the House of Commons, July 6. 1641, then is this a treasonable patent, for here is not onely an indevour, but an actuall surrender of both law and government, which have made England a free people, and what more ancient or fundamental, then those laws which gratify the Commons; and by which they injoy their very lives, here is an arbitrary government introduced, & put into the hands of those whom the subject doth not own to have any right of power and rule, and that in so high a nature as can be no lesse then monarchicall, for what can a monarchicall power be, but to make lawes, and to punish the transgressors according to those lawes, by coefiscation of goods, imprisonment, or taking away the life of the vassals, all which they may doe by their patent, and certainly this company of Marchants of East-land, who have practized arbitrarily for so long a time as they have done, against the liberties of the natives deserve for all their cruelties to be proceeded against as publique delinquents to the State.

As touching their oath, it is one of the worst (I am confident) that ever was made, which I shall here insert for every mans knowledge. You shall swear to be good and true to our Soveraign Lord the Kings Majesty, and to his Heir is and Successors, you shall be obedient and assistant to Mr. Governour, his Deputy, and Deputies, and assistants of marchants of East land, all statutes and ordinances which bee, or shall be made by the said Governour, or by his deputies, and assistants standing inforce, you shall truly hold and keep, having no singular regard to your self, in hurt or prejudice of the common-weal of the said fellowship, you shall heal, and not bewray, and if you shall know any manner of person or persons which intend any burk, harm, or prejudice to our said Soveraign Lord the Kings Majesty, or unto his land, or to the foresaid fellowship or priviledges of the same you shall give knowledge there of, and do it so be known to the said Governour or his deputy, and you shall not colour or free any Forraigners goods not free of the said fellowship, all which you shall hold and keep to the uttermost of your power, or else being justly condemned for making default in any of the premises, you shall truly from time to time, being orderly demanded, content and pay to the treasiner of this Company for the time being, all and every such mulcts and penalties which have beene or shall be limitted and set for the transgressors of the same. So God you help.

Lieutenant Col. Lilburn in his late book called Innocency and Truth justified, being an answer to Mr. Frivs look, called the lyar confounded, hath these passages, pag. 53. And in the the second place, seeing they know, viz. the merchant adventurers that the Petition of Right doth condemn the King and his Privie Counsell for making and administring of oaths, not made by common consent in Parliament, and seeing the Parliament as they very well know, was lately so angry at the Bishops, and their convocation, for &illegible; to themselves the boldnes to make in oath, although they were invested with a more colourable authority to justifie them therein, then these can pretend, how exemplary ought the punishment of these men to be for their impudence and boldnes, after the knowledge of all this, to force and presse upon the freemen of England, an oath of their own framing and making, and to keep their freedoms from them, because out of Conscience they dare not take them, which at this present day is the condition of one Mr. Johnson late servant to Mr. Whitlock one of the East Country Monopolizing Merchants, which is all one in nature with the Monopoly of Merchant Adventurers: And not onely do they most unjustly iustly keep my freedom from me, for which I have so often ventured my life in the Northern service this present warres, and to which I was born by the law, although I have served 7. years according to the Custome of the City of London, but most inhumanely have taken from me my place of Factorship in the Eastland, and all because I have rejected their monopoly and Diabolicall oath, and this was the gallant service of Mr. Burnel Governour and his associates, the 3. Octob. 1645. but I expect to see Justice (that banished exile return in all her glory, and these oppressing task-masters called to a just account: for certain I am, that the law never gave them authority to make an oath, or to force it upon my conscience; besides the oath containe to many perjucies, in the second branch it ties the swearer to be assistant to Mr. Governour and his confederates in all their dishonest proceedings. In the third branch, to keep all their pernicious laws and Ordinances; which Lawes and Ordinances are to deprive the subject of his right, and this will not satisfie, but to all that are to be made, O intollerable burthen! whither will this bottomlesse pit go? here is &c. &c. &c. and in memorable company of &c. In the fourth branch, to keepe all their cozening secrets and underhand dealings in the pursuance of their patent. And in the fifth branch, for making default in any of the premises, that is, for forswearing himself, which he doth that keeps it, aswell as he that keeps it not because be swears not in truth, in judgment, and in righteousnes, to pay such mulcts and penalties which have been or shall be limitted and set for the transgressors of the same, as if such great crimes could be washed away with a pennance: for my part I am clear in this point, that whosoever he bee that bends & yeelds obedience to this or the like oath, deserves not the name of an englishman surely their designes are to use the expression of Lieu. Col. Lilburn in page the 54. of his book speaking against the merchant adventures, to make England a land of slavery, ignorance and beggery, or else a land of perjury: I have now learned the meaning of the Scripture Rev. 13. 16. 17. And he causeth all both small and great, rich and poor, free and bond, to receive a mark in their right hand, or in their foreheads, that time might buy or sell, save he that had the mark, or the name of the beast, or the number of his name: which relates as I conceive to all monopolics whatsoever, Jublata causa tollitur effectus, take but away these Merchants patents, and all other of the like nature, and there will a sudden way appear to the relief of the honest, comfort and tranquility to the whole Nation: for the effecting wherof, if I shall but irritate the courteous Reader, it is price sufficient for him whose desire it is not to live, but in the truth.

FINIS.


T.56 (8.28) John Selden, Tyth-gatherers, no Gospel Officers (27 January, 1646)

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Bibliographical Information

ID Number

T.56 [1646.01.27] (8.28) John Selden, Tyth-gatherers, no Gospel Officers (27 January, 1646).

Full title

John Selden, Tyth-gatherers, no Gospel Officers. Or, Certaine briefe observations concerning the institution and paying of tythes, whereby it appears that men were never compelled to the payment of them in the Old Testament, nor did ever practice it in the New: that the Gospel contributions were all voluntary accounted as a free gift, not a debt; the apostles themselves, not only choosing to labour with their owne hands, but requiring all their successours to doe the like, that they might not bee chargeable to any of their disciples. Together with some quotations out of Mr. Selden, a Member of the House of Commons, his History of Tythes, for the writing whereof he was much troubled by the Episcopall tythmongers of those times, from whom the Presbyterian church-publicans of these days, have learnt to persecute with far greater violence, all such as doe but speak against their Gospel-taxations.

Estimated date of publication

27 January, 1646.

Thomason Tracts Catalog information

TT1, p. 417; Thomason E. 319. (2.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

The Epistle to the Reader.

Christian Reader:

THis little Pamphlet would not have needed a preparatory Epistle, were there not amongst us a very great generation who are parties in the point I speak of; I shall therefore crave leave to propound unto them, before they read it, whether the Clergy-bellies of these times can bee any whit better Christians, than Demetrius the Silver-Smith with his Craftsmen, Act 19. 19. 20. &c. whilst they cry out, Great is the God of tithes! Sacred is the duty of tithes! of tythes we fill, and swift, hold belly, hold; were it not for tythes learning would be neglected, the Ministery despised, and wee must take paines like other filly people of the &illegible;: Let us rather craw the Prisons full, as wee doe our guts with tythe pigs, of all such as sacrilegiously refuse to pay us tythes.

Let me likewise intreat them to consider, whether it were not the same Tyth-spirit, the spirit of covetousnesse, which caused the Masters of the Damsell, out of whom Paul cast the evill spirit, Act. 16. 16, 17, 18, 19, 20. &c. not only to hang backe from receiving the Gospell, but even to persecute the Apostles for cutting off that Divelish gaine which the evill spirit had wont to bring them? Let them interrogate their owne consciences, whether they believe it to bee Scripture or good doctrine, that a gift blindeth the wise, and perverteth the words of the righteous, Ex. 23. 8. Deut. 16. 19. that it destroyeth the heart, Ecclesiastes 20. 29. corrupting their very understandings, in such manner, that they even perswade themselves to be in the right, when they were never more in the wrong: Let such, I say, who alwayes had, and still have the faculties of their soules imprinted with this gift or rather theft of tithes, consider and suspect themselves to be no competent Judges, how much this Gospel-tithing favors of &illegible; &illegible; and is inconsistent with the subjects propriety.

Being thus prepared, I shall desire them with mee to observe, that the Levites being excluded from possessing any inheritance in the land of Cannan, unlesse the Lord had given them his owne portion and inheritance the tythes, Deut. 18. 1. 2. they must have starved; and yet we finde not that the Lord gave them any compulsive power for lavying and bringing in this contribution of tythes: But under the Gospell, where the whole land is open and free to all alike, to Clergy as well as to Laity, to purchase and keep possession of, where the Apostles practice was to labour with their owne hands, 1 Thess. 2. 9. and Pauls expresse command to all in generall, that if any would not worke hee should not eat, 2 Thess. 3. 10. for a supposititious illegitimate tribe of Levi, who are not above the five hundreth part of the Kingdom (there being upon calculation thought to be not above one Clergyman to every 500. men and women) to lay claime to, and by violence possesse themselves of the tythes of all encrease, free of all charges, which in valuation is better then if the fifth part of the whole land were divided amongst them for gleab-land, whereof most of them have some small pittance besides their tythes, is the greatest cheat and robbery which was ever practised; I say yet more briefly, that if the whole Kingdome were to bee divided into 500. parts, the Clergy (as I said before, being but as one to 500. by computation) besides the free denization which they enjoy in common withall other people, run away with about one hundred and twenty five shares, I mean with about one hundred and twenty five times as much as any of their fellows; Oh prodigy of Covetousnesse I but I must decipher it more cleerly.

Suppose there were 500. men and women in a Country Parish, and all the land in that Parish to be worth 2000 l. by the yeare; the Minister, who is but one of the aforesaid 500. pretends 200 l. for his tithes of the abovesaid 2000 l. cleer of all charges, which said charges on all arrable grounds one with another, for manuring, seed-corne and reaping, &c. or of stocking pasture ground, together with the hazard of a small crop, or death of cattell, is so great, as that the land-lords to bee free of paying tythes, the tenth sheafe cleere of charges, had better give the fifth acre of all their lands for gleab-land unto the Minister.

Thus then their tythes of 2000 l. amount in valuation unto the fifth part of 2000 l. which is 400 l. & this 400 l. for the Minister being taken out of 2000 l. which is the whole revenue of the Parish land, there remaines 1600 l. to be divided amongst 499. men and women, who are the Parishioners, which is not full 3 l. 4 s. 1 d. &illegible; a peere, whereas the minister devours 400 l. which is more than any 124. of his Parishioners enjoy, upon such a calculation, supposing them to be all poore, or all rich alike. And yet the unfatiablenesse of these Clergy-bellies is not herewith content, but they lay claime to tithes on house rent, and the truth part of whatsoever any person of any profession, doth any wayes lawfully advance, to be due unto the Minister of the Gospel both by the law of God and man, unlesse some speciall custome, composition or priviledge of the place allowed by law, exempt him: They are the very words of that Episcopall, Presbyteriall, Ambodexterous Tythe-Champion (for Tythes are a common motto to both parties.) Dr. Burgesse, an eminent member of this present Assembly, in a Discourse of his entituled. A new discovery of personall Tythes, or the tenth part of mint cleare gaines, &c. p. 1. as I finde it observed in John the Baptist, Chap. 2. about Christs order and the Disciples practice concerning the Ministers maintenance, &c.

But why tro did not the Dr. with his brethren in covetousnesse, as well claime tythes of children, as of fruit and personall gaines, whereof we finde not the least mention in either of the Testaments? Surely they would not continue so indulgent, they would not hate us our children, could they but get it once enacted, that it might bee lawfull for them to fell tythe children in the market as well as tythe pigs: and to deale clearly, the Leviticall law, from whence they seeke to colour tythes, subjected every first borne, whether it were of man or beast, unto this tax of tithes, it fell unto the Priests share, Lev. 13. 2. c. 22. 29. Numb. 18. 15. the Leviticall Priest was to have the first borne of children, unlesse they were redeemed, and our English Priests, could they but get an Ordinance of Lords and Commons for it, as well as tythes, I should not trust their curtesies.

Tell me, good Reader, who ever thou art, didst thou ever think these fair pretending Clergymen, every one whereof having devoured above 124. of his brethren by divine right, as they alleadge, their tythe patent which they say God granted the, should be yet thus Canine-like hungry: this craving as of their own meer phantasie & invention to lay title unto the tenth part of all clear gains besides, which would be many times more then the Leviticall tithes amounted to (the gaine of handicraft mysteries and trading, being by manifold, more considerable than the encrease of all the land in England?) and that which is yet more irrationall and pestiferous, they will have it whether we will or no, they wrest it from us by violence, they rob us of it: ’Tis not my desire thou shouldest take this calculation upon trust: Nature hath taught every reasonable man Arithmeticke enough to make triall of it, the truth thereof, when thou thy self perceivest and consideress the consequence, I shall not so much desire thee to stand amazed, as to contribute thy ingredient for curing our Clergymen of this their desperate covetousnes, which is Idolatry, Col. 3. 5. Farewell.

To the Reverend Assembly of Divines at Westminster.

Men, Brethren, and Fathers:

I Could not choose but give you notice of a Designe discovered unto mee, of no small a party which at present is conspiring, how the possessions of Bishops, Deanes and Chapters, &c. which by our Ancestors were intended for publique and pious uses, may become their peculiar inheritances, and totally discourage posterity from all charitable legacies, when they shall see them alienated to such quite contrary purposes.

I understand likewise of severall Petitions by multitudes of the most conscientious free-borne subjects of England, demonstrating how unjust it is, that a small number, who in complement call themselves our Ministers, should at their owne pleasure become our Masters and so contrary to the subjects liberty, force from us the fifth part of the whole Kingdome in valuation without either articles or consent, and that which is worst of all, even not to be longer endured by such as make conscience of any thing, they lay claime to is by Divine right, and for such services, as to many seem little lesse than Antichristian, or Idolatrous: ’Tis frivoleus for you to distinguish between a conscience truly informed, and contrarily; for, unlesse you will pretend your arguments to be like the peace of God which passeth all understanding, Phil. 4. 7. you must unavoidably permit men, even every particular man for himselfe, to resolve the whole Scripture and every part thereof into a full perswasion of his owne heart concerning whatsoever he is to practise or believe, Rom. 14. 5. 22. 23. either grant this, or burne your Bibles, how many soever differing translations, with their whole impressions, as have been brought unto you, since you doe but teach your Lay-people to suspect them all, whilst you your selves will not be ruled by any, in any mans judgement besides your owne.

A word to the wise should be enough; It is of so great interest and consequence to this whole Kingdome, for our respect or other, to demolish and root out the &illegible; memory of this Tith-Idoll, which all other Reformed Christians have long since abominated, that it concernes you to looke out some other maintenance lesse scandalous, and more Gospel-like.

But you’l say perhaps, you have maintenance allotted you by Ordinance of Parliament: what an Ordinance of Parliament? I reverence Ordinances of Parliament; &illegible; me thinke, you should rather &illegible; for refuge to Christs Ordinants; Ordinances of Parliament are repealable, what one Parliament bistowes upon you, another Parliament may take away, but Christs Ordinances, are like himselfe, unchangeable; what ever you thinke of him, doubtlesse you cannot leave him for a better Master: Try then a little, compare the Ordinances together, looke before you leap, if ye be Men, if Christians, consider which may prove the surest, the better title.

Christ ordained that they which preach the Gospel should live by the Gospell. 1 Cor. 9. 14. that is, they should have such a livelihood as is set out, and warranted by the Gospel, which is the free benevolence and bounty of their brethren, and if you will have it in Christs owne words unto the &illegible; Disciples, That into whatsoever house they enter they should remain eating and drinking such things as were set before them, Luk. 10. 5. 7. 8. and having food and rayment they should be there with content, 1 Tim. 6. 8, On the other side:

The Lords and Commons in Parliament assembled, Die Veneris, 8 Novemb. 1644. Ordaine that every person or persons within the Realme of England and Dominion of Wales, shall pay all and singular tithes, offerings, oblations, obventions, rates for tithes, and all other duties commonly known by the name of tithes, unto the respective owners both Lay and Ecclesiasticall.

This is the effect of Christs Ordinance, with that of the Lords and Commons in Parliament: I shall not seek to make enmity betwixt them, and I hope every Reader, will, in time, see how far forth they will run parallel. What will you more then? Our Saviour, you see, has by an Ordinance of heaven provided for you both food and rayment, requiring you by his Apostle Paul to be therewith content.

But me thinke I heare you murmuring that this Gospel maintenance, being by the Spirit of God termed a free gift, 2 Cor. 8. 4. Phil. 4. 17. a matter of bounty, and not grudging, 2 Cor. 9. 5. you have not the conscience, what ever your practice &illegible; to think you may command it at your pleasure, have it whether your &illegible; will or no; and ’tis irksome to your high &illegible; to suppose your selves their Almesmen, and live on their benevolence. But what advantage have you by your tithe Ordinance? how, I pray, will you get your tithes, if the people will not pay them? how can you force them to it, if the people be resolved on the contrary? Oh! I know your meaning, you’l distraine their goods, imprison their persons, and with some vexations accursed act or other, you’l take away their lives, and all they have together: but are you so stout and stardy (not being perhaps above one for a thousand of your Lay-brethren) as to imagine that a Regiment of Blackcoats, can, with a bare humane Ordinance of tithes, defeat a whole Nation, both of their Christian and Civill priviledges? beleeve &illegible; bold Souldiers, you will finde hard service of &illegible; the peoples eyes begin to be open, and if you discover the &illegible; of your &illegible; covetousnesse a little more, they will, questionlesse, so far reflect on the expresse clear words in our Saviours Commission unto his true Disciples, saying, Freely you have received, freely give, Mat. 10. 8. that your &illegible; praying and preaching will grow contemptible, and our exercising Weavers, Feltmakers; &illegible; &c. be found more to resemble trust Ministers of the Gospel, them your learned Doctorships. But because I see some of you are not ashamed to be thought Politicians, who take for granted that you may & ought to be provident, no lesse then your Lay brethren, both for your selves and families; I hope I shall not prove an unwelcome Monitor, if I be instant with you to &illegible; seriously, whether it be for your benefit to wave Christs Ordinance, and adhere unto the Parliaments for maintenance.

&illegible; the Lords and Commons have been beautifull unto you, most transcendently beautifull, no Protestant State did ever doe the liked (I wish it were well considered) they give you tithes with an &c. offerings, oblations, &c above a tenth part, even above the fifth in a just valuation, of all that the land produceth: But what if they should give you halfe, or three quarters of all we have? can you enjoy it longer then good people please to pay it you? I hope, it will not be impertinent, towards meaning you from a Canonicall obedience, by minding you that there have been many laws agreed on in Parliament, which never had execution afterwards, for want of a secondary, and more effectuall assenting of the people in generall, whom the Parliament does but represent. You know, likewise, much may be said, both from Law and Custome, in behalfe of the Kings Prerogative, Revennes, and not much lesse than a boundlesse subjection, and yet you see, how little be hath of either for the present; a Prince can reigne no longer over the persons of his subjects, than bee can master their affections; A usurped tyrannicall power is of &illegible; continuance, but the free consent and love of a people, is that only, which makes all Empire durable and happy.

&illegible; then forth &illegible; &illegible; that a Nation which &illegible; &illegible; &illegible; &illegible; of so &illegible; &illegible; (&illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; upon all &illegible; &illegible; &illegible;) with the lesse as so &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; from the &illegible; &illegible; of &illegible; &illegible; will &illegible; &illegible; &illegible; both &illegible; and &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; which &illegible; with their &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; of their &illegible; &illegible; &illegible; their &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; of their &illegible; &illegible; &illegible; &illegible; &illegible; of &illegible; &illegible; &illegible; things, and you &illegible; &illegible; &illegible; &illegible; &illegible; when they for &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible;

&illegible; then a &illegible; which &illegible; &illegible; &illegible; &illegible; upon the peoples &illegible; &illegible; &illegible; your &illegible; &illegible; their Christian &illegible; &illegible; which to many of &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; with &illegible; evill &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible;

&illegible; &illegible; take &illegible; much &illegible; &illegible; &illegible; &illegible; upon your &illegible; &illegible; was &illegible; &illegible; &illegible; &illegible; and &illegible; &illegible; &illegible; &illegible; &illegible; the &illegible; &illegible; to &illegible; of you, and &illegible; &illegible; enough (for they have &illegible; &illegible; and &illegible; to you beyond desert) &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &c.

&illegible; &illegible; Friends, they are &illegible; &illegible; after, and of, &illegible; your &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; like enough &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; your &illegible; &illegible; &illegible; &illegible; &illegible; (&illegible; &illegible;) you may yet sure will.

Estate.

&illegible; &illegible; 10. read of &illegible; &illegible; &illegible; neither &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible;.

Certaine briefe Observations concerning the institution and paying of tythes in the Old Testament, with the Ministers maintenance in the New; neither of which was levied in a compulsive manner, nor could possibly becomes sweet favour in the nostrills of the Lord, had they not beene given freely, as a matter of bounty, not gradgingly.

HAving often in my saddest thoughts bewayled the lamentable condition, which Gods dearest people are brought into, through that accursed yoake of a forced uniformity, which is endeavoured to be put upon their consciences, and casting about what evill spirit it was, that had so vast a malignant influence throughout the world; at last, it appeired cleerly unto my understanding, that it could not possibly, for the most part, bee any other, besides that Grand Idol or rather divell of covetousnesse, which is the root of all evill and mischiefe that happeneth unto mankind, Col. 3. 5. 1 Tim. 6. 10. Act. 19. 19. 20. c. 16. 16, 17, 18, &c.

Then; pondering with my selfe, how this Imp of covetousnesse, as it produced persecution, was suckled and maintain’d; I found at last, that it must necessarily be both begotten and continued by that specious golden wedge of Gospel-tythes, which an illegitimate Tribe of &illegible; had at first, only Ackon-like, purloyned from their brethren, but afterwards presumptuously &illegible; upon God himselfe, that both they and their successors, might with an uncontroleable security live and dye forfeting upon the farnesse thereof.

But if any man perceive not how it comes about, that a covering after tythes begets persecution; I answer, that these &illegible; as Esaiah describes those of his time, 56. 11. terming them greedy dogs, which can never be satisfied, are so intent upon the gaine which commeth from their quarters, (that since they cannot for shame require contributions from such as refuse out of conscience to joyne with them in Church duties) they put themselves upon inveying with all manner of exasperation and bitternesse, against all such as differ from them, whether in discipline or doctrine, continually insencing both their Parishoners and Civill Magistrates against them as Heretickes, such as hold dangerous opinions destructive to the State, not to be endured upon any quarter and composition, because no accommodation can bee to their purpose wherein Tythes are not the prine pall article to be agreed upon.

In contemplation hereof, I put my selfe againe to search the Scripture, (though I know there is scarce any one how vile soever, whether for practice or opinion only, who pretends not to be Gospel-proofe, but I speake to such of whom John the Evangelist said, Scarth the Scriptures for in them yet thinke to have eternall life, Joh. 5. 39. to such I say, who would be thought to have the Scripture for their rule, and really expect salvation by living according to that rule) and am willing to give a faithfull, though briefe relation thereof, on such particulars I mean, as have not to my knowledge beene published by others, to shew how vaine the ground is of pretending Gospel-tythes, and how dangerous to continue them.

The first place I meet with speaking &illegible; Tythes is Gen. 14. 20. where Abraham is &illegible; to give Melchisedeck &illegible; of all, that is, of all the spoile only, which he had in the victory against the &illegible; Kings in rescuing of his brother Let. whom they had taken prisoner, as you may see in the same Chapter: and though it be objected that the Apostle Paul seemes to tell the Hebrews that Abraham give &illegible; of all things unto Melchisedeck Heb. 7. 2. yet you may find that the same Apostle in v. 4. whilst he would magnifie the preheminence of Melchisedeck in his relation of receiving tythes, before Abraham paying tythes, instances only in his paying him tythes of the spoyls, but had Abraham paid tythes of all things he possessed, the Apostles argument might have thereby been so much more improved, if he had urg’d it. But this paying tythes unto Melchisedeck was supereminently typicall, as Melchisedeck was a type of Christ, Heb. 8. 4. 5. and in that respect only, Paul &illegible; that Melchisedeck received tythes of Abraham blessing him that had the promise, and without &illegible; the &illegible; is blessed of the greater, Heb. 7. 6. 7. for even the tribe of Levi is said to pay tythes &illegible; Melchisedeck in the loynes of Abraham, Heb. 7. 9. 10. and the Levites could not be properly said in the same time and respect, both to pay tythes in Abraham, and yet receive tythes in Melchisedeck, so that this is no Scripture for their purpose; the very tribe of Levi paid tythes unto Melchisedeck, and therefore neither they, nor a supposititions offspring of theirs much lesse, pretend with any other than a &illegible; &illegible; and countenance, to derive a just grant and title from Melchisedeck for receiving tythes; but besides these words of Pauls to the Heb. 7. 5. The Levites who received the office of Priest-hood, had commandement for receiving tythes according to the Law, doe plainly teach us that the payment of tythes, the tenths of all encrease, as our selfe seeking Clergy will have it understood, began not till the law was given, and that the Levites had the Priesthood entailed upon their Tribe, and consequently that till then there was no commandement for paying them, nor any body warranted to receive them.

Gen. 18. 20. 21. 22. We finde that Jacob when &illegible; went to Laban at Padan-Aram to take a wife, being on the way of &illegible; so called anciently, but by him named Bethel, v. 19. in the morning alter his vision, he made a vow unto God, saying, If God will be wish me and keepe me in &illegible; way that I goe, and will give me bread to eat, and vaimens to part also that I came again to my fathers house in &illegible; then, of all that &illegible; shalt give me, I will surely give the tenth unto thee.

Upon this occasion it will not be &illegible; to remember that all vows ought to be voluntary; such is this promising of Jacob, and Abrahams paying tythes unto Melchisedeck, neither of them being commanded, nor so much as usually practised from Abraham his full paying to this time of Jacobs vowing them: for if Jacob had been obliged, or but accustomed to pay tythes from the time that Abraham first paid them unto Melchisedeck, this present vowing of his would have been different from the nature of a vow, which is of some new thing not customarily, much lesse obligatorily performed before; nay, it might have seemed a kinde of deriding God Almighty, in pretending to doe some extraordinary service, prefixing thereunto the sacred preamble and title of a vow, but in the upshot, not so much as promise more, than was both due and ordinarily discharged before: then secondly, these tythes Jacob vowes not to begin to pay them, till he returne unto his fathers house in peace, which we know was many years after, and is a certaine argument that till their he made no reckoning of paying a continuall fixed tythe or tenth part of what God gave him, at least we see no example of it.

Levit. 27. 30. 32. &illegible; &illegible; all the tythe of the land both of the seed of the ground, and of the fruit of the trees is the Lords, it is holy to the Lord and every tythe at bullock and of sheep, and of all that &illegible; under the red, the tenth of all shall be holy unto the Lord: and v. 34. ’tis said, these are the &illegible; &illegible; of the Lord by Moses unto the children of Israel in &illegible; &illegible; so that before that time, there was no &illegible; &illegible; for paying of &illegible;

These &illegible; being &illegible; set apart by &illegible; Lord, are in Numh. 18. 21. 24. appropriated unto the &illegible; of Law, but neither to be enjoyed by the Levites, nor paid by the Israelites, untill they came into the land of Canaan, as appeares in that the Lord &illegible;. I have given is &illegible; therefore shall they possesse &illegible; inheritance among the children of Israel, v. 24. that is, in the land of Canaan, as is likwise imposed upon Aaron, v. 20. for before that time, both Aarons and the other families of the Levites had their proper inheritances and possessions, as had the other Tribes, Deut. 18. 8.

Here then we may observe, that by Gods ordinance there was no tythes of any thing due, save of the seed of the ground, of the fruit of the trees, and of foure footed beasts, Lev. 27. 30. 32. both fish and fowls were free, much lesse doe we finde here any tythes, any excise put upon mens labours; that was likely thought a duty to be exacted and collected rather by Publicans, then by a consecrated Tribe of Levi, concerning whom the Lord said, that, from what time their tythes grew due, it should be a law for ever throughout their generations, that among the children of Israel they possesse no inheritance, Num. 18. 23. which I much wonder how such as claime tythes at this day doe yet dispence withall; I meane, how these pretended Clergy-men should both receive tythes, and yet enjoy all manner of inheritances and possessions in common with the Laity.

Then; as we finde in Numb. 18. 29. the Levites were cut of their tythes to pay the one tenth for an offering unto Aaron and his family, who was also of the Tribe of Levi, Gen. 4. 14. and for this respect, as also in that the Lord gave him the offerings of all hallowed things, whether meat-offerings, sin-offerings or trespasse-offerings, v. 8. 9. he was also to have no inheritance in the land of Canaan, the Lord promising him to be his part among the children of Israel, v. 20. Now, unlesse this pretended Tribe of Levi, can finde out one besides the Pope, who like Aaron, has as good a title to the heave-offering, as they themselves have unto the tythes of all; me thinks they should be jealous of their owne title, and let it fall to ground for shame, if not for modesty.

Besides the tithes of all encrease, the lewes were with their houshold to eat another tenth the &illegible; at Ierusalem in the sight of God, Deut. 14. 23. but if the way were far, so that they could not carry the tithes &illegible; conveniently, then they might sell it at their homes, and carrying the mony unto Ierusalem, buy what their hearts desired, and there, &illegible; it before the Lord, rejoycing with their housholds, v. 24, 25, 26. This &illegible; some conceive to be due of feasting two years in three, though the text may well be understood of every year, v. 23. for all that I &illegible; to the contrary.

But I wonder whether they were thus to spend a whole &illegible; in feasting, as the text seems to &illegible;, v. 23. 26. and the &illegible; even to this day spend both much money and time in feasting, or whether they saw a part thereof thus spent at Jerusalem, leaving the rest for the benefit of the Levites, as they did the other tithes.

Then we finde Deut. 14. 28. 29. & c. 26. &illegible;. that every third years they were to lay up one tenth in store at their owne &illegible;, for the use of the Levites, strangers, fatherlesse and widows; so that by this calculation, they paid and spent two tenths yearly, if not full three tenths every third year, of all their cattell, and what the earth produced.

David tells us, P. 110. 4. That our Saviour was a Priest after the order of Melchisedech; and Paul saies that be pertained unto another Tribe, whereof no man served at the altar; and that it was evident that our Lord sprang out of Judah; concerning which tribe Moses spake nothing touching the Priesthood, Heb. 7. 13, 14. & v. 12. if the Priesthood be changed, them of necessity must there be a change of the Law: from whence, together with v. 5. which &illegible; that the &illegible; of Levi, who received the office of Priesthood had a commandment to take tythes according to the Law; it followes:

1. That the Leviticall tither, the tenths of all things are as much abollished as the Leviticall Priesthood it selfe, v. 12. so that the present Ministers under the Gospel can no more pretend unto the one, than to the other.

2. What ever tythes were due unto Melchisedech, the same became due afterwards, and were payable unto our Saviour, who was a Priest after the order of Melchisedech, (at the whole Leviticall Priesthood was typicall, a shadow of heavenly things, Heb. 8. 4. 5.) and of whom Melchisedech was a type; that is, they were to be fulfilled in our Saviour, to whom only all homage and subjection is due from Abraham, and his posterity, and from whom only both Abraham and his posterity are to expect their blessing: so that as our Saviour, laid no claime, nor received &illegible; or Leviticall tythes which Paul saies must necessarily be changed with the Priesthood: much lesse ought they who will approve themselves &illegible; Ministers and followers of Christ, to bee, so greedy after them, since it renders them so much unlike their Master.

Being evident then that &illegible; or materiall tythes have never beene due, &illegible; Saviour that other Priest as Paul calls him, arose after similitude of Milchisedech, who was not made a Priest after the law of &illegible; commandement, Heb. 7. 15. 16. it followeth that all such &illegible; have, or doe exact and compell men to pay them tythes, doe but &illegible; them in effect, and thereby become accountable both to God and man.

Mr. Roberte in a Treatise entituled The &illegible; of the Gospell &illegible; tythes due to the Ministery by the word of God. c. 7. &illegible; 52. &c. saies to this purpose, that our Saviour received tythes in the New Testament, and endeavours to prove it from these words to the Heb. 7. 8. Here &illegible; dye that receive tythes, but there be receiveth them of &illegible; is it witnessed that &illegible; &illegible; and will have whatsoever is spoken of Melchisedech, to be meant of Christ from v. 13. 14. v. &illegible;. He of whom: &illegible; are spoken &illegible; to another tribe, whereof no men served at the altar, for it is evident that &illegible; Lord sprang out of Judah.

But how unwarrantably, or little to the purpose, will easily appear, if we consider not only who this is that the Apostle saith, &illegible; tythes and liveth, distinguishing him from those who received tythes and dyed; but also what this there signified, which is likewise differenced from here; and if the men which received tithes and dyed, and he which receiveth tithes and liveth for ever, be not one and the same (which may well &illegible; reconciled, whilst the one was typicall, and the other the &illegible;) then must there needs bee two receiving of tithes, which how far forth so ever they be considered on, or spun out in &illegible; discourses; what will it make to the pretence of a whole tenth of every thing to bee &illegible; due unto the Clergy?

Suppose Christ did, or doth still, in some sense receive tithes: ’tis in no other sense, be it what it will, than in the very same sense, wherein be received them under the Law even when he was on earth; or &illegible; &illegible; &illegible; ascended into heaven both as our High Priest and sacrifice v. 27. which would evidently condemne all such of most &illegible; &illegible; and blasphemy, who should lay claime to them by such &illegible; &illegible;

Doe wee finde it any where commanded to give &illegible;, real tithes of all we have unto our Saviour? did he take or so much as require them when he was on earth &illegible; Aaron and Melchisedech did? it not the Priesthood which the Apostle there speaks of changed, v. 12. and therewithall the very law even that of tithes changed, as well as other particulars thereof, as that which made nothing perfect, v. 39.

But the truth is, that if tithes have any establishment by Abrahams giving Melchisedech the tenth of all his spoyles, it would follow, that the Clergy should primarily have the tenth of all prize-goods and spoyles of War, particularly of these present Wars of England, Scotland, and Ireland, and so much plainly affirmed by Mr. &illegible; Roberts in his Revenue of the Gospel, c. 6. p. 30. 31. which I hope not only the Souldiery, but the State also will seriously consider of, and discharge a good conscience, by making restitution to them, or requiring an account of their judgement in this behalfe.

And now as touching what is said in the New Testament concerning the Ministers maintenance, I find: not there the least footsteps that tythes or any first allowance instead thereof was either made payment of, or commanded; it was left to be a free-will offering, as most sutable to the Gospel; only the equity there of is hinted at in severall passages; as, The workman is worthy of his meat, Matth. 10. 10. The labourer is worthy of his hire, Luke 10. 7. Who goeth to Warfare any time at his owne charge? Who planteth a vineyard and eateth not of the fruit thereof? or who seedeth a flock, and eateth not of the milk of the flock? even so hath the Lord ordained that they which &illegible; the Gospell should live by the Gospell, 1. Cor. 5. 7. 14. They which minister about holy things, live on the things of the Temple, &illegible; they which wait on the altar are partakers with the altar, 1. Cor. 9. 13. This is all that the New Testament &illegible; us, and that by way of equity only, how to proportion &illegible; a maintenance to the Ministers of the Gospell.

Then, as touching both the Ministers and Beleevers practice in this particular, 1. Paul tells the Corinthians that he had kept himself from &illegible; burthensome unto &illegible;, and so &illegible; resolved &illegible; keep himselfe at the &illegible; of Christ was in him, and that no man should &illegible; &illegible; &illegible; of his in the Regions of &illegible;, 2 Cor. 11. 9. 10. But in his first Epistle to the Corinthians, c. 9. v. 15. 18. 23. he insinnates, that it were better for him to dye, than that this &illegible; of his, of not making the Gospell chargeable should be prevented; neither was this Paul &illegible; &illegible; himselfe only, but it seems be gave &illegible; and &illegible; others as &illegible; them, expresse order that their Ministery likewise should &illegible; become burthensome unto the Corinthians, 2 Cor. 12. 16. 17. 18.

And when he came to &illegible;, he called the Elders of the Church together, Act. 20. 17. and having had a large discourse with them wherein he told them that he had not &illegible; to declare &illegible; &illegible; all the counsell of God, v. 27. hee put them notwithstanding in minds againe how he had coveted no mans silver, nor gold, nor apparrell, yea that they themselves knew, how those hands of his had ministred unto his necessities, and to them that were with them, v. 33. 34. adding that he had shewed them all things, how that so labouring they ought to support the weake, v. 35.

The same Paul with Silvanus and Timotheus, told the &illegible; that they wrought with labour night and day that they might not bee chargeable to any of them, and that they might be an example unto them to doe the like, even unto them of the Ministery, if there be any who could say with Paul that they had power to eat and drinke, that they had power to forbeare working as well as any of the Apostles, 1 Cor. 9. 4. 5. 6. Even such I say, are required by Paul, Silvanus and Timotheus to worke with labour and travell night and day that they may not be chargeable unto any, 2 Thes. 3. 8. 9.

However we may not thinke so uncharitably of the Primitive Christians, that they did not, and that liberally too, contribute unto their Ministers, I meane, such as were able: Paul beares witnesse of their readinesse both to the Romans, Corinthians and Philippians, certifying us that they were willing even beyond their power, 2 Cor. 8. 3. 4. and that in so large a measure, as the text saies in severall planes that they sold their possessions, and persed them to all men as they had need, laid them &illegible; the Apostles seet, or had all things in common, so that no man said, that ought of the things hee possessed was his owne, Acts 2. 44. 45. Chap. 4. 32. 35.

But as the Scripture sayes, not many noble, not many rich were called, 1 Cor. 1. 26. so it is cleare in all history, that the poverty of the Primitive Christiane was generall; and so it may have been observed to be in all ages even till these present dayes; from whence wee finde it so often objected to the disparagement of such as now seeke after truth, what are they but a company of poore, base, contemptible people, such as have nothing to lose? as if there were nothing worth Insing besides the rich mens Idols, of superfluity and &illegible; who in consequence to their owne saying, must thinke nothing besides these worth getting: But alas I have not such poore contemptible Christians, in these mens account, soules to lose, as well as they? He promise them, they have soules to save, better then they: The truth is, they want the temptation of wealth and greatnesse, which too too commonly overswayes men from seeking after truth, as it pleases God to discover it by peace-meales, and in such manner only, as we grow capable to receive it; being apt to thinke they were the poore Christians of whom it was said, that from John Baptist untill the Apostles time the Kingdome of heaven suffered violence, and the violent took it by force, Mar. 11. 12. I hope the Reader will pardon this digression, and so I returne to the point againe.

It is acknowledged then that under the Gospell, a competent and comfortable maintenance is due unto the Ministery; yet this the Apostles did, not only, not capitulate for, but Paul alleadges two most craphaticall reasons, which might prevaile with any man that were not a very &illegible;, or had any sparks of piety remaining in him, that they should betake themselves to any lawfull calling, and worke even night and day with their owne hands, as hee did, rather then be reduced to need the benevolence of their brethren, saying, It is more blessed to give than to receive, Act. 20. 35. and that the children ought not to lay up for the parents, but the parents for their children, 2 Cor. 2. 14.

And if at any time the Apostles did stand in need, and that the Disciples, of their owne Christian disposition, gave them any thing, the Apostles still received it as a gift, 2 Cor. 8. 3. 4. a matter of bounty, c. 9. 5. expresly declaring that they sought not theirs but them, 2 Cor. 12. 13. 14. Nay, Paul would not have accepted of a gift, even to the reliefe of his necessities, had it not beene rather to give them an occasion to shew forth the fruits of their proficiency of their charity, that it might so much the more abundantly redound to their account, Phil. 4. 15. 16. 17. Had Paul been the most eminent &illegible; of his time, as hee was no meane one; had he studied to deliver this notion of his in &illegible; of highest expressions; I cannot conceive how it was possible to out got himselfe herein; but we must impute it to the sufficiency of this Spirit which gave him matter of glorying above all other Apostles, 1 Cor. 15. 10. 2 Cor. 11. 21. 23.

Thus we finde in sundry Scriptures declared, and particularly in Namb. 18. 20. Deut. 10. 9. and 18. 1. Jos. 13. 4. &illegible; 44. 28. that in the distribution of the land of &illegible; amongst the &illegible; the tribe of Lord was to have no inheritance, the Lord promising that he would be their inheritance; but in regard that he had assigned unto them all his owne lot and share, which was the tythes of all that the &illegible; &illegible; Lov. 27. 30. 32. besides that of &illegible; beasts, as also all things &illegible; whether meat offerings, sin offerings or trespasse offerings, v. 8. 9. which was larger stock and proportion than if they had had assigned them these part of the whole land of Canaan; it may be demanded, to what purpose then does God say he will be the Levites portion? I answer, that it may likely bee the Lords intention, that the Levites whom hee &illegible; drawne unto himselfe by a neerer relation of office and service, should not have any certaine permanent inheritance in Canaan, as the other Tribes, but that they should &illegible; upon the tythes, and such other duties as God had first assumed unto himselfe, and then allotted unto them, which being more uncertaine, because of the Israelites would not pay them these duties, these tithes, I finde no coercive power appointed to compell them thereunto, the Lord would notwithstanding have then relye thereon, or rather on himselfe, who promised to be their inheritance, their portion, that is to provide for the Levites, though their brethren should faile of paying tythes; for in other respects the Lord was the inheritance of all the Israelites, all alikes bee failes not to take care and charge of all that trust in him: just so is it with Christs Minister in the New Testament; a maintenance is due unto them from their brethren, but in such a manner, that whosoever will not give them any, cannot be compelled unto it; and from such as give it them, they are to acknowledge it as a gift, 2 Car. 8. 4. Phil. 4. 17.

But least it should bee thought a bare assertion of mine, that they was no compulsive power allotted by God for constraining the Israelites to pay their tithes; let the Reader be pleased to observe how it is said in Samuel, that the sonnes of &illegible; came with a flesh hooke, and striking it into the pot when the people offered sacrifice, tooke all the meat that came up for the Priest, and this they did perform sometimes when they so pleased, 1 Sam. 2. 13. to 16. but we finde they were called sommes of &illegible; for is, v. 12. and the text sayes, their sin was very &illegible; before the Lord, and that for this cause &illegible; abhorred the offering of the Lord v. 17. Besides we see in Malachi 3. 9. 10. Nehem. 13. 10. 11. 11. when the people refused to pay tythes, the Lord complained of them accordingly by his Prophets, but never gave the Magistrate order to punish them for it, or so much as reprehended him for omitting it.

But let &illegible; debate the case a little further with these greedy &illegible; &illegible; doe we not &illegible; by &illegible; how few of them would be &illegible; that their &illegible; their &illegible; should &illegible; &illegible; them, not suffering them to depart, when they found opportunity to remove themselves unto a larger maintenance? and yet if their Parishioners should say, Sir, you expect, require; nay, even competius, hitherto, to pay you tithes, the tenth part of all we have; but now there is a godly man; who would be glad of the opportunity to administer unto us such spirituall things as our soules delight in, and stand to our free will offerings for his maintenance, who would bee abundantly satisfied with one halfe, even any portion what ever it bee, that commeth from us voluntarily.

Wee entreat you therefore give us leave to make use of this advantage in favour both of our purses and our soules: doe you finde these selfe-seeking Clergimen would bee contented to lay downe their pretended Commission? No, ’tis too too evident they would not: Their pretences are; Our livings are given us for our lives, we have as good a title to them as you have to your lands; Nay, they sticke not to flie higher, and even Bishop-like to argue their tenour, providentia Dei, by divine right.

But is this equall brethren? Does Christianity engage us to renounce our Civill rights, our very reason? may these Clergymen who in complement sometimes please to call themselves our Ministers, our servants, (though like their Great Grandfather the Pope who subscribes servour Dei, even whilst hee expects that Kings and Emperours should wait upon him) and have their livelihoods out of our purses, thus &illegible; become our Masters, intrude themselves at first upon us whether we will or no, continue with us as long as they themselves list, take upon them to keep us from the Ordinances when they will, preach what trush and trumpery they please, exact the tithes, which in effect is one &illegible; part of our whole estate, as is made appeare upon calculation in the Epistle to the Reader, and yet leave us it their owne pleasure, when it makes for their advantage? &illegible; his Priest when he could get no more &illegible; imployment, agreed with him by the yeare for 10 &illegible; of silver, a suit of apparell, and his dyes, Judges, 17. 10. 11. but so sophe as hee met with opportunity of becomming Priest unto a whole Tribe, he laid hold thereon with joy, c. 18. v. 19. 20. even thus these Merchants of the Gospel; none in appearance at first more diligent and officious then they untill they got into a Benefice or lecture endeavouring themselves what possibly they can, that, besides their tithee, they may raise the price of their benevolences; but if a more sat Parsonage present it selfe, quit &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; is their practicall divinity, they account it the greatest fully under heaven to refuse it.

For this cause like enough the Answerer of Mr. Pryus 12. Questions used these words concerning them, pag. 20. May it not will be said according to Micah 3. 11. that the Clergy teach for hire, and Prophesie for many, which God by him exclaimed against in his time? doth not the same Prophes say truly of them, v. 5. bee that &illegible; not into their mouthes, they even prepare War against him? do they not with the most prostitute Popelings ery out, No penny, no Pater noster? Is not maintenance, maintenance, the burthen of all their Parlour or Pulpit pastime? and why should they so sacrilegiously set a price on that which is but supposititions, the phancie of their owne braines, the reall truth whereof God required all true Disciples to give for nothing? Mat. 10. 8. Es. 55. 1. 2. or why should people bee forced to buy the chaffer of these Clergy-merchants, rather then the wares or labour of a Shoomaker or porter? would not such dealing be damned for an unjust monopoly, which yet these Encroachers practise without a Patent, if any but themselves should doe the like? Nay, why must we be forced to pay these mercenary Clergymen for such counterfeit service and ministration which others will discharge better, and that for nothing? Is not this the greatest infringing of the Subjects propriety which the Kingdome suffers? I say not this to undervalue the Ministery of the Gospell, or to diswade an ample and abundant maintenence to such as truly labour in Gods Vineyard; but to exaggerate the heynousnesse of those that doe not only set, as they pretend, the &illegible; treasure of the Gospell, the unvaluable Word of God to sale as if it were an unholy thing, Heb. 10. 29. but as much as in them lyes, compell all people and Nations by fire and sword to buy trash and trampery in stead thereof, and that at what price they themselves please.

I know this Controversie will not easily be reconciled; our English Belly-Priests will doubtlesse struggle for their tythes, with no lesse subtillity and &illegible; than the Popish did, for their Supremacy and Peter pence when the Reformation first began; the truth is, they still plead prescription for them in England, though they were long since damned by all Reformed Churches of Scotland, Sweadland, &illegible; France, Germany, the &illegible; and United Provinces, not without the &illegible; &illegible; against of Gods people amongst us ever since, as is evident in their owne and other mens writings upon Record; but bad Lawes, as well as Oathes, are better broke then kept, sitter to be repealed than continued: I wish therefore, amongst such other hard questions and arguments, as have been put to them formerly, in this behalfe, they would likewise take into consideration these few Queries.

What is the difference betwixt a Ministers calling, and any other, whether Handicraft or Tradesmans? wherein are they distinguished? What is requisite to make them both legitimate? Is there not an outward Call, and an inward Call to either of them?

Whether may it now adayes bee infallibly discerned that a Minister is truly called to preach unto a people, any otherwayes, than by the peoples calling of him?

Whether ought a Minister once called and accepted of to preach unto a People or Parish, leave the said Parish or People all his life time upon any pretence whatsoever, without consent of those that first called him?

Whether may a Minister be said to be truly called, who is put upon a Parish, contrary to the wills and approbation of the whole or major part thereof, as is the condition of most Parishes, according to the present Lawes of England?

Whether may such a Minister as is once called to teach in any Parish, withdraw himselfe without being called away by God that called him thither? How may a Minister know when God truly calls him from one Parish to another? Whether is it not most probable that such are not called by God, but run away, who remove from a leane Benefice or Lecture unto a sat one?

Whether did God ever really call any man to the Ministery of the Gospell, without enduing him with gifts sit for such a Calling? What are the necessary signes, gifts, and qualifications of such a Calling?

Whether is it not one necessary qualification of a Minister truly called to divide the word of truth aright, 2 Tim. 2. 15. to bold fast the faithfull word as it hath been taught, and be able by sound doctrine, both to exhort and to convince the &illegible; Tit. 1. 9.

Whether have the Papist, Lutheran, Calvinist, or Anabaptist, Presbyterian or Independant, (any one, or either of them more then the other) any infallible way of exhorting and convincing &illegible; according to Pauls rule to Titus? If they have, why doe they not show it unto their brethren? If they have not, is it not a &illegible; &illegible; &illegible; no true Ministers, no true Christians, that doe not beare with their &illegible; three untill they can convince them?

If it be not in the Clergies power to make it infallibly appeare unto me, that such a one is a Minister unto me, my Minister, after a more &illegible; nor any other manner, than such a one, the very same, by which a man is, or becomes a Servingman unto me, my Servingman, to wit, because I have accepted of, and entertained him into my service; &illegible; what reason may this Minister require the tithes of my estate, whether I will or no, when this Servingman can recover nothing, but what I my selfe will give him or agree for with him? what reason can bee given why every man (if a pretended Minister will be so shamelesse to put him to it) should not capitulate and article with a Minister for his paines, his service, as well as with a Servingman, a Porter? Why may not a Carpenter or Tayler be put upon every Parish, whether the Parish will or no, as well as a Minister; and each of them pretend to doe the worke of the whole Parish in generall, and of every one in particular, compelling them to pay him for it, though he did no works for them, through their default, as well as the Minister?

But that I may be the better induc’d to render all reverence and other dues, which these Clergymen lay claime to, ’tis necessary that I be a little further satisfied concerning the demonstrative verify of so extraordinary a Calling, as they pretend to be invested with, or how they have any &illegible; above all other beleevers, who joyntly so long since were by Peter declared to be a royall Priesthood, 1 Pet. 1. 9.

For all that I can understand, these Clergymen were borne &illegible; naked as well as others; their education at Schools and University (&illegible; say no more) is no better than their fellows, and, in briefe, they are very &illegible; to be distinguished from other men, untill they begin to feel an itching, a longing after Tith-crops, by which (for all that can be discerned) they judge themselves to be ripe, and expect only Gods call unto the Ministery.

Thus far, (I meane till they grow tith-sicke) their progresse is not difficult, the world can apprehend it as well as they themselves; but now forsooth, the &illegible; of Gods house devours them &illegible; Ps. 69. 9. and all &illegible; as may be &illegible; them, must know they have no rest in spirit, through &illegible; &illegible; desire that God would call them to preach the &illegible; &illegible; good people, like enough, enquire and cast about &illegible; &illegible; &illegible; &illegible; for some vacant Parsonage or &illegible; suddenly one brings newes of 10. 20. 30. 40. or 50. pounds worth of tithes, or other benevolences, which may be compassed, if God so please, (this phrase must in, that God may beare the blame, untill this new Evangelist be pleased;) hee gives them a gracious hearing and acceptance, but finding it too small, inferiour to his tavenous appetite, he still with Moses alleadges, that the Lord hath not yet appeared to him, Exod. 4. 1. Hee doth not apprehend himselfe to be sufficiently called, and thus in the best seeming manner he can, he devours, untill some great Cedar falls to warme him by, untill the stalled Oxe bee killed to feast him with, untill a far Parsonage of 100. 200. or 300. pounds a year grow void, which no sooner happens, but the first to al thereof pierces both his ears, that they stand listning continually, untill his Scoutes, some friend or other propound it to him, which is no sooner mentioned, but as if he were impatient, that his Predecessor had injured him to dye no sooner, he breaks out with Samuel, saying, Speaks Lord, for thy servant heareth, 1 Sam. 3. 10. in briefe, their rule it, God calls them not to small games, they are confident he will not doe them so much injury, he will not have them serve him for nothing, much like to what the Devill said of Joh. c. 1. 9, 10, 11. but if a fat Benefite be mentioned, they runne in full assurance that their God (God Mammon) calls them.

Dear Reader, is this the truth? then ponder on it, and weigh well the consequence thereof; let not thy understanding but any longer captivated; be not superstitious, and thou shalt see greater things than these, Joh. 1. 50.

Cast then thy &illegible; a little on all such as pretend unto the Ministery among us; consider their different wayes and doctrines, and thou shalt finde many of them to agree no lesse then opposites, then contradictions.

Some of them hold the Church of Rome to be a true, though &illegible; and corrupted Church; others, that whosoever lives and dyes in the beliefe thereof, cannot possibly attaine salvation. Some hold the Ministery in the Church of Rome to be a false Ministery, not knowing otherwise how to excuse their separation from it &illegible; Others dare not do so (no more then of their Baptisme) as knowing their owne Ministery to be derived successively from that of Rome. Some hold Episcopacy to be of Divine right a Others say as much for Presbytery; and not a few there be who affirm no peculiar government at all to be by Divine right. Some hold we are &illegible; by &illegible; &illegible; by &illegible; &illegible; without good workes. Some hold that Christ could not bee just and equall, &illegible; he had dyed for all the world alike, even all that would believe on him: Others thinke Christ might possibly have lost his labour, had he not dyed for a set number only, for his Elect, who therefore cannot finne at all, or possibly miscarry though they sinne never so much. Some hold we are justified by Christs passive obedience only, and that for all his active obedience, he might have said, hee was unprofitable as touching mans redemption: Others affirme that not only Christs passive obedience, but his active also, were both necessary to our justification and his owne. To bee briefe, (for volumnes of this nature may recounted.) Some hold the &illegible; of Infants to be obligatory: Others beleeve it may as well, if not better be dispenced withall. Now, there are I say, in the Church of England men that teach all these contradictory doctrines, who yet pretend to have had an expresse calling unto the Ministery from God, extraordinary in respect to their Lay-brethren: They all stile themselves Gods Ambassadours to us, they tell us that Christs words in Luke 10. 16. are as clearly to be understood of them and their successours in their respective generations, as of the 70. Disciples themselves: to wit, He that heareth you, &illegible; me, and he that despiseth you despiseth me; and he that despiseth me despiseth him that sent &illegible; Thus doth each of them &illegible; the Divinity both of their Ministery and Doctrine upon the people, because it brings in their &illegible; their maintenance, with such execrable threatnings, to those that will not receive them, that they poore soules, having their judgements &illegible; by superstitious feares, cannot choose but swallow them down &illegible; uncasted.

But since their Doctrines doe appeare so contradictory to such as are not hoodwink’d; since no one of them can prove his Ministery to be trust &illegible; the others; nay, since it is agreed on amongst themselves that their Ministery is one and the same, wee cannot with any shew of reason be required to beleeve them otherwise, than all alike, that is, so far forth only as &illegible; &illegible; fully &illegible; thereof in our &illegible; &illegible; Rom. 14. 5. which upon the very first reflection trust needs conclude, that, since the callings and doctrines of them all cannot &illegible; be &illegible; implying contradictions, so cannot the calling of either of &illegible; &illegible; &illegible; &illegible; they as have the false something, &illegible; is evident by &illegible; &illegible; &illegible; &illegible; &illegible; &illegible;

But to &illegible; &illegible; &illegible; &illegible; I have prov’d, were not &illegible; &illegible; &illegible; came into the land of Canaam, &illegible; that end of Tribe of Levi, for particular expresse purposets to wit, besides others, that they should give one tenth thereof for a heave-offering unto the High Priest, Num. 18. 27, 28, 29. who was to sacrifice in the Temple at Jerusalem, and the said Tribe of Levi was to attend and doe the service of the Tabernacle, Num. 3. 7. 8. and was only required to receive either of their brethren the Jewes, the other eleven Tribes which came out of the loynes of Abraham, Heb. 5. 7. and neither they the said Tribe of Levi, nor the High Priest to have any other portion or inheritance besides the tithes, Numb. 18. 20. 23. 24, from whence amongst others, we may draw these few observations.

1. According to the Laviticall law, the tithes of the land of Canaan only were payable, and that in the land of Canaan only, and from the Jewes their brethren only; But these pretended &illegible; lay claime to the tithes of all the world, from all sorts of Nations, to be due unto themselves the Clergy.

2. The Jewish Lavites were a peculiar Tribe, upon whom the tithes were entailed from one generation to another, and by a Statute to endure for ever, they were to have no other inheritance, Numb. 18. 23. but were to rely upon the Lord, who promised to be their portion: But these, who are no more of Lavi his kindred than the Great Turks, allusing unto their wayes, not much unlike the Jesuits, or rather Romulus, such of all Nations who are fittest for their turnes, by tricks and shifts, seducing whom they can, through a pretence of superstitious zeale, lay claime, rob, and run away with the fifth part of all their neighbours goods, wherein, notwithstanding, they have so little trust, and lesse confidence in Gods promise, which was to be a portion unto the Israelitish Lavites, in whom there was no guile; that they lay up, board and purchase, as if they knew their posterity were bastards, and not to bee provided for, neither by tithes, nor Gods providence: And

3. Whereas the true Lavites were to give for a heave-offering unto the High Priest of the family of &illegible; one tenth of all those tithes, our English Lavites, &illegible; their High Priest and head the Pope was banished out of England, pretend to pay (when they cannot avoid it, for they are slow enough in payment) unto the King: I know not what first &illegible; instead thereof, and indeed they made him so far forth their High Priest to beare their &illegible; that what ever they have of &illegible; &illegible; questioned for, they cast upon his back.

I know the common &illegible; and objection which is made against &illegible; maintenance, is wit, that most men are so backward to all good duties, especially in matter of expence, that if they be not both rated and compelled to pay, they will not pay at all, or not their shares proportionably: and that if there be not both a certain &illegible; round allowance, such as have hitherto applyed themselves to study for service of the Church, will grow discouraged-betake themselves to other callings, and by this meanes the Gospell become contemptible, through want of an able and learned Ministery: To this I answer, that it is evident by experience that such Ministers of the Congregationall way as have good parts, and are consciousnable in their callings, although they leave every one of their Congregation to contribute as God has enabled them according to the purpose of their owne hearts, not grudgingly, which was Pauls rule, 2 Cor. 9. 5. I say, that such have a maintenance equall (if not exceeding) to what the tithes produced in the Bishops times, or may doe againe hereafter if they were to be continued. Secondly, for such as will not put themselves to study for the Churches service, unlesse they be encouraged by maintenance; I say, they are guilty of a &illegible; surpassing symony, a namelesse sinne, a sinne so infamous, as none were found in the Gospel-time so vile and desperate to commit it, and give occasion unto a law at once expressely both to name it and condemne it, &illegible; Magus his sin was not so great as theirs, hee would have bought the gifts of the Holy Ghost, these men would sell them if they had them; &illegible; Magus thought so well of the Holy Ghost, that he would have purchased it with money, Act. 8. 18, 19. But these sons of covetousnesse are so basely lordid, that they will not accept of it gratis, unlesse they may, at same time, have a Great, a Monopoly to impose the counterfeit gifts thereof upon the people, at an enhanced, overgrowne excised rate. Thirdly, such men doe plainly by their practise declare to all the world, that there &illegible; no difference between the calling of such backney Ministers, and the calling of a Merchant, Cobler, or any Handicraftman, but that it is indifferent, and all alike, free for every one to betake himselfe to which of them he pleases, and thinkes will prove most gainsome and beneficiall to him: And lastly, &illegible; &illegible; bee the Clergies due by Divine right, &illegible; is determitted by that great &illegible; of the Assembly, Dr. Burges, with sundry &illegible; of the &illegible; &illegible; their are all the Lay-men of England highly guilty of &illegible; who withhold them by &illegible; but if by a meere &illegible; a Parliamentary-law, only they lay claime unto them, then may it the &illegible; be repealed, since it so much intrenches upon the subjects propriety in generall, and upon the most tender consciences of many in particular.

And when they are admonished to labour with their hands from Pauls example, rather then be chargeable unto the people, 1 Thess. 2. 9. they answer, that though Paul did labour, yet it was of his owne good will and curtesie, there was no obligation for it, and seeke to prove it by those words of Pauls, where he sayes, it Cor. 9. 6. have not Paul and &illegible; a power, as well as the other Apostles, to forbeare working? to which I reply, that Paul and &illegible; had the same power to forbeare working, which the brethren had to forbeare giving them maintenance, the one could not be compelled to worke, neither might the other be forced to set me at and drinke before them, or any others, much lesse if they were persons addicted unto idlenesse.

But I presume it will not be pleaded in Pauls behalfe, that he or any body else might lawfully passe their time in idlenesse, especially since &illegible; finde that Pauls expresse command unto the Thessalonians, was, that of any would not &illegible; he should not &illegible; 12 Thess. 3. 10. So neither is it pretended that Christians may lawfully refuse administring to the necessities of their brethren, especially, of such as teach them spirituall things.

2. Paul cannot be said to require any other power of forbearing to worke, then what the other Apostles had, or made use of, and we may not imagine of them, that they were idly given; doubtlesse they omitted no opportunity of imploying their time, as might be most advantagious and edifying unto the brethren, and upon this supposition they were to spend the whole day, even all their dayes, between providing for their owne livelihood, their health, and the propagation of the Gospell; now besides &illegible; &illegible; &illegible; and &illegible; was necessary for keeping them alive, which they must have got by labouring with their owne hands, or else have beene supplyed therewith from the brethren, if the brethren did supply Paul with food and &illegible; then might he have forborne to worke, as he &illegible; 1 &illegible; &illegible; &illegible; he must have spirit so much more time with labouring in the &illegible; and doctrine, a &illegible; &illegible; &illegible; he must not have &illegible; &illegible; &illegible; was said before, but by Pauls practice ’tis evident he might not forbeare &illegible; when his &illegible; maintenance, would have proved &illegible; to the brethren.

But in conclude; Our Saviour &illegible; &illegible; of the Gospel Ministery, lest his Disciples, being ignorant how to demorne themselves, &illegible; goe about to carve their owne maintenence, when hee first sent them out to preach the Gospell, he charges them expressely, saying, freely yet have received, freely give, Matth. 10. 8. then, that they might not rest any wayes perplexed through feare of want, as such who might apprehend themselves altogether unprovided of necessation, he &illegible; them eat such things as were set before them, Luke 10. &illegible; and that they and their successors in the Ministery of the Gospell, might be the better induced to relye upon the same providence ever after, being returned from their Ministery, he askes them, saying. When I sent you without purse and scrip, and shoots, wanted ye any thing and they said, We &illegible; &illegible; &illegible; 22. 35. whereunto I will only adde, that for those who &illegible; &illegible; themselves Ministers, and will not be contented with such wages and maintenance as Christ appointed them, it is more then suspicious that they have no &illegible; nor portion, neither in the Apostles saith, Ministery nor Gospell.

After I had finished this short Discourse, there came unto my hands Mr. Seldom History of Tythes, which I must needs say, I had not scene before, and am confident it will not be ungratefull unto the Reader, if I here present him with some Quotations which I bring from thence, and what I have observed, it a briefe abstract of the History it self.

Quotations.

&illegible; &illegible; complaines of Pope &illegible; &illegible; about 1060. that Introductions or conveyances of perpetuall right of these were granted to Lay-men. l. 1. op. 10. l. 4. op. 12. &illegible; Sold. c. 6.

&illegible; &illegible; &illegible; &illegible; &illegible; &illegible; Rodulphus &illegible; &illegible;

&illegible; assorted that times were &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; might &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; which was condemned by the &illegible; of &illegible;

&illegible; of &illegible; such as were made &illegible; &illegible; &illegible; &illegible; Canon Prohibemus of the Councell of Latteran held under &illegible; the 3. &illegible; &illegible; to this day &illegible; &illegible; &illegible; &illegible; as other Lay-inheritances, although none can now be created in France, &c. Seldon Hist. c. 7.

The Canon law of the Greeke Church never commanded any thing concerning tithes. Id. c. 7.

Theodore Balsamen Patriarch of Antioch advises Mark Patriarch of Alexandria, touching the quantity of what was to be offered in the Easterne Churches, that no certaine quantity is appointed by the Canons, and that through the inequality of mens estates (none of them giving any such part to the Church as that it could discover their abilities) which permits not a regular certainty, they were contented with what custome, and free bounty of the givers bestowed. Respons. 57. inter &illegible; Juris Graco Romani.

Pope Gregory in his answer to Austin the Monke, tells him, that the custome is generally to make a quadripartite division of all Church offerings, or tithes; for the Bishop, for his Clergy, for the poore, and for &illegible; of Churches; but admonishes him that to condernesse of the English-Saxon Church, he and his Clergy should still imitate the Community of all things used in the Primitive times under the Apostles. Selden of Tithes. c. 9.

Differences about Tithes were decided by the Sheriffes and Bishops in the Saxons times, and afterwards made determinable in the Bishops Consistory by William the Conqueror, Id. c. 14. sect. 1. & seq.

Temporall Courts did notwithstanding judge of tithes even untill Henry the seconds time, and in certain cases and manner of proceedings till Henry the thirds time. Id. Ibid. sect. 4. 5. 7.

Epiphanius Bishop of Constance in Cyprus about the yeare 380. writing against certaine her crickes of the Primitive times, speaking of the &illegible; or those which thought that Easter must needs be kept on the 14. Moone according to the Law given the Jesus. concerning the Passeover, fearing that observing of it otherwise might subject them to the curse of the law, sayes, they might as well be lyable to the same curse, for not circumcising, for not paying tithes, for not offering at Jerusalem; which is an undeniable argument that in those dayes, and in those parts, they paid no tithes, no more then they did sacrifice, or circumcise, Id. Revew. of Ch. 4.

Observations.

THe Councells for the first 600. yeares take no notice of tithes, bet of offerings and lands possessed with their Revenues.

All that was received in the Bishopricke or Parish (for both words had but one signification at first) by such as were appointed by the Bishop, was divided into foure parts, whereof one fourth was for maintenance of the Ministery, out of which every Curate had his monthly salary; one fourth to reliefe of the poor, sicke and strangers; one fourth to reparation of Churches, and one fourth to the Bishop of the Diocesse or Parish; but this course was proper to the Diocesse of Rome.

Untill the yeare 800. Lay-men who were Patrons of Churches, shared with their Chaplins, and such Incambents as they put in of all such offerings as were made, as appeares by Councells, and Imperiall Capitularies.

Towards the end of the 400. yeare, some few devouter people began to pay tithes, or rather duties, no proportion being established, for reliefe of the poore, which continued chiefly, if not only for their use, untill about the end of the 800. yeare, at which time they began to be devoted unto Churches, at the sole disposition of the Clergy, not the Parson only, but of some fraternity of Monkes, at the Benefactors choice, yet so that the Doner might appropriate them to what Church he pleased, though it were situate in an other Parish, or pretinct, then where the tithes were to be gathered. That of &illegible; was the first Generall Councell which mentioned tithes about the yeare 1130. and no Canon commanded the payment of tithes, till the &illegible; Generall Councell in the yeare. 1215.

FINIS.


T.57 (3.1) [William Walwyn], Tolleration Justified, and Persecution Condemn’d (29 January 1646).

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T.57 [1646.01.29] (3.1) [William Walwyn], Tolleration Justified, and Persecution Condemn’d (29 January 1646).

Full title

[William Walwyn], Tolleration Justified, and Persecution Condemn’d. In an Answer or Examination, of the London-ministers Letter Whereof, Many of them are of the Synod, and yet framed this Letter at Sion-Colledge; to be sent among others, to themselves at the Assembly: in behalf of Reformation and Church-government, 2 Corinth, II. vers. 14. 15. And no marvail, for Sathan himself is transformed into an Angell of Light. Therefore it is no great thing, though his Ministers transform themselves, as though they were Ministers of Righteousnesse; whose end shall be according to their works.
London, Printed in the Year, 1646.

Estimated date of publication

29 January 1646.

Thomason Tracts Catalog information

TT1, p. 418; Thomason E. 319. (15.)

Editor’s Introduction

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Text of Pamphlet

THE LETTER OF THE LONDON, MINISTERS TO THE Assembly of DIVINEs af Westminster; against TOLERATION, mildly examined; AND The mistakes thereof friendly discovered; As well for the sakes of the Independent and Separation, as for the good of the COMMON-WEALTH.

When I call to minde the generall oppression (before the Parliament) exercised upon good people, conscientious in the practice of their religion; and that the Presbyters did not onely suffer as much as any therein, but exclaim’d, and labour’d as much as any there-against: It is a wonder to me, that now that yoke is removed, and a blest opportunity offered by Almighty God, to the people and their Parliament, to make every honest heart glad, by allowing a just and contentfull Freedome, to serve God without hypocrisie; and according to the perswasion of conscience: That one Sect amongst us, that is the Presbyters, that have been yoke-fellowes with us; should not rest satisfied with being free as their Brethren, but become restlesse in their contrivances and endeavours, till they become Lords over us. The wonder is the same, as it would have been, had the Israelites, after the Egyptian bondage, become Task-masters in the Land of Canaan one to another, but that is more in them who have been instructed by our Saviour in that blessed rule; of doing unto others, what they would have others doe unto themselves.

To discover the severall policies the Presbiters have used to get into the chayre they have justled the Bishops out of, whose example they have followed in many particulars; as especially in the politick and graduall obtaining the Ordinance for Licencing, upon a pretence of stopping the Kings writings, but intentionably obtained, and violently made use of against the Independents, Separation, and Cornmonwealths-men, who either sees more, or something contrary to the designes of the Licencer. To signifie to the People, how the Presbiters have laboured to twist their interest with the Parliaments, as the Bishops did theirs with the King, how daily and burdensomly importunate they are with the Parliament, to establish their Government, (which they are pleased to call Christs) and back it with authority, and a compulsive power, (which by that very particular appeares not to be his) To lay open their private juncto’s and councels, their framing Petitions for the easie and ignorant people, their urging them upon the Common Councell, and obtruding them upon the chusers of Common Councell men, at the Wardmote Elections, even after the Parliament had signified their dislike thereof; to sum up their bitter invectives in Pulpits, and strange liberty they take as well there, as in their writings, to make the separation and Independents odious by scandals and untrue reports of them, in confidence of having the presse in their own hands, by which meanes, no man without hazard shall answer them, to lay open the manner and depth of these proceedings, is not the intention of this worke; I only thought good to mention these particulars, that the Presbiters may see they walke in a net, no ’tis no cloud that covers them, and that they may fear that in time they may be discern’d as well by the whole People, as they are already by a very great part thereof.

The London Ministers Letter, contriu’d in the conclave of Sion Colledge, is one of the numerous projects of the Clergy: not made for the information of the Sinod, but the misinformation of the People, to prevent which is my businesse at this time; I will only take so much of it as is to the point in hand, to wit, Tolleration.

Letter,

It is true, by reason of different lights, and different sights among Brethren, there may be dissenting in opinion, yet why should there be any separating from Church Communion.

Why? because the difference in opinion is in matters that concerne Church Communion: you may as well put the question, why men play not the Hypocrites? as they must needs do if they should communicate in that Church Society, their minde cannot approve of. The question had been well put, if you had said, by reason of different lights, and different sights, there may be dissenting in opinion, yet why should our hearts be divided one from another? why should our love from hence, and our affections grow cold and dead one towards another? why should we not peaceably, beare one with another, till our sights grow better, and our light increase? These would have been questions I thinke, that would have pusled a truly conscientious man to have found an answer for.

That which next followes, to wit, the Churches coat may be of divers colours, yet why should there be any rent in it: is but an old jing of the Bishops, spoken by them formerly in reference to the Presbiters; and now mentioned, to make that which went before, which has no weight in it selfe, to sound the better.

Letter.

Have we not a Touchstone of truth, the good word of God, and when all things are examined by the word, then that which is best may be held fast; but first they must be knowne, and then examined afterward.

I shall easily concur with them thus farr, that the Word of God is the Touchstone, that all opinions are to be examined by that, and that the best is to be held fast. But now who shall be the examiners, must needs be the question; If the Presbiter examine the Independant and separation, they are like to find the same censure the Presbiters have already found, being examined by the Bishops, and the Bishops found from the Pope: Adversaries certainly are not competent Judges; againe, in matters disputable and controverted, every man must examine for himselfe, and so every man does, or else he must be conscious to himselfe, that he sees with other mens eyes, and has taken up an opinion, not because it consents with his understanding, but for that it is the safest and least troublesome as the world goes, or because such a man is of that opinion whom he reverences, and verily believes would not have been so, had it not been truth. I may be helpt in my examination, by other men, but no man or sort of men, are to examine for me, insomuch that before an opinion can properly be said to be mine, it must concord with my understanding. Now here is the fallacy, and you shall find it in all Papists, Bishops, Presbiters, or whatsoever other sort of men, have or would have in their hands the power of persecuting, that they alwayes suppose themselves to be competent examiners and Judges of other men differing in judgement from them, and upon this weake supposition (by no meanes to be allowed) most of the reasons and arguments of the men forementioned, are supported.

They proceed to charge much upon the Independents, for not producing their modell of Church-government; for answer hereunto, I refer the Reader to the Reasons printed by the Independents, and given into the House in their own justification, which the Ministers might have taken notice of.

I proceed to the supposed Reasons urged by the Ministers, against the Tolleration of Independency in the Church.

Letter.

1. Is, because the Desires and endeavours of Independents for a Toleration, are at this time extreamly unseasonable, and preposterous For,

1. The reformation of Religion is not yet perfected and setled amongst us, according to our Covenant. And why may not the Reformation be raised up at last to such purity and perfection, that truly tender consciences may receive abundant satisfaction for ought that yet appeares.

I would to God the people, their own friends especially, would but take notice of the fallacy of the Reason: They would have reformation perfected according to the Covenant, before the Independents move to be tollerated: now Reformation is not perfected according to the Covenant, till Schisme and Heresie is extirpated; which in the sequel of this Letter, they judge Independency to be, that their charity thinks it then most seasonable, to move that Independency should be tolerated after it is extirpated: their reason and affection in this, are alike sound to the Independants. Their drift in this, indeede is but too evident, they would have the Independents silent, till they get power in their hands, and then let them talke if they dare, certainly, the most seasonable time to move for tolleration is while the Parliament are in debate about Church Government; since if stay bee made till a Church Government bee setled, all motions that may but seeme to derogate from that, how just soever in themselves, how good soever for the Common-wealth, must needs be hardly obtained.

And whereas they say, Why may not Reformation be raised up at last to such purity and perfection, that truly tender consciences may receive abundant satisfaction, for ought that yet appeares.

Observe, 1. That these very Ministers, in the sequel of their Letter, impute it as Levity in the Independents, that they are not at a stay, but in expectation of new lights and reserves, as they say, so that a man would think they themselves were at a certainty: But tis no new thing for one sort of men to object that as a crime against others, which they are guilty of themselves: though indeed but that the Presbiters use any weapons against the Independant’s, is no crime at all, yea ’tis excellency in any man or woman, not to be pertinacious, or obstinate in any opinion, but to have an open eare for reason and argument, against whatsoever he holds, and to imbrace or reject, whatsoever upon further search he finds to be agreeable to, or dissonant from Gods holy Word. It doth appeare from the practises of the Presbiters, and from this Letter and other Petitions expresly against Toleration, that unlesse the Independants and separation will submit their Judgements to theirs, they shall never be tollerated, if they can hinder it.

Their 2. Reason is that it is not yet knowne what the Government of the Independent is, neither would they ever let the world know what they hold in that point, though some of their party have bin too forward to challenge the London Petitioners as led with blind obedience, and pinning their soules upon their Preists sleeve, for desiring an establishment of the Government of Christ, before there was any modell of it extant. Their 3d. Reason, is much to the same purpose.

I answer, 1. That the Ministers know that the Independent Government for the Generall is resolved upon by the Independents, though they have not yet modelized every particular, which is a worke of time, as the framing of the Presbyteria Government was. The Independents however have divers reasons for dissenting from the Presbyterian way, which they have given in already. And though they have not concluded every particular of their owne, but are still upon the search, and enquiry; yet it is seasonable however to move for toleration, for that the ground of moving is not because they are Independents, but because every man ought to be free in the worship and service of God, compulsion being the way to increase, not the number of Converts, but of hypocrites; whereas it is another case for People to move for establishing of a Government they understand not, having never seene it, as the London Petitioners did, that is most evidently a giving up of the understanding to other men, sure the Presbiters themselves cannot thinke it otherwise, nor yet the People upon the least consideration of it. Besides, the London Petitioners did not only desire, as here the Ministers cunningly say, an establishment of the Government of Christ, but an establishment of the Government of Christ (a modell whereof the reverend Assembly of Divines have fram’d, which they never saw) so that herein, the People were abused by the Divines, by being put upon a Petition, wherein they suppose that Government which they never saw, to be Christs Government. If this be not sufficient to discover to our Presbyterian LayBrethren, the Divines confidence of their ability to worke them by the smoothnesse of phrase and Language to what they please, and of their own easinesse, and flexibility to be so led, I know not what is.

2. The Ministers urge that the desires and endeavours of the Independants for Toleration, are unreasonable, and unequall in divers regards.

1. Partly because no such toleration hath heitherto been establisht (sofar as we know) in any Christian State, by the Civill Magistrate.

But that the Ministers have been used to speake what they please for a Reason in their Pulpits without contradiction, they would never sure have let so slight a one as this have past from them: It seems by this reason, that if in any Christian State a Toleration by the Magistrate had been allowed, it would not have been unreasonable for our State to allow it: The practice of States, being here supposed to be the rule of what’s reasonable; whereas I had thought, that the practice of Christian States is to be judg’d by the rule of reason and Gods Word, and not reason by them: That which is just and reasonable, is constant and perpetually so; the practice of States though Christian, is variable we see; different one from another, and changing according to the prevalency of particular partees, and therefore a most uncertain rule of what is reasonable.

Besides, the State of Holland doth tollerate; and therefore the Ministers Argument, even in that part where it seems to be most strong for them, makes against them.

Again, if the practice of a Christian state, be a sufficient Argument of the reasonablenesse of a Tolleration, our State may justly tollerate because Christian, and because they are free to do what ever any other State might formerly have done. But I stay too long upon so weak an Argument.

2. Partly, Because some of them have solemnly protest, that they cannot suffer Presbitary, and answerable hereunto is their practice, in those places where Independency prevailes.

’Tis unreasonable it seems to tollerate Independents, because Independents would not if they had the power, suffer Presbyters. A very Christianly argument, and taken out of the 5. of Matthew 44. Love your Enemies, blesse them that curse you, do good to them that hate you, and pray for them which hurte you, and persecute you: What, were all our London Ministers forgetfull of their Saviours instructions? Does their fury so farre blinde their understanding, and exceed their piety? Which seems to be but pretended now, since in their practice they would become Jews, and cry out an eye for an eye, and a tooth for a tooth. Whosoever meddles with them it seems, shall have as good as they bring: Was ever so strange a reason urg’d by a Sect of men, that say they are Ministers, Christs Ministers, Reformers too, that would make the world believe they are about to reduce all matters Christian, to the originall and primitive excellency of Christ and the Apostles, and yet to speak and publish to the world a spleenish reason, so expressely contrary to the precepts, to the practice of Christ and his followers. To Christ I say, that bids us love our enemies, that we may be the children of our Father which is in heaven, who makes the Sun to shine on the evill and the good, and sendeth rain on the just and on the unjust. The Ministers should be like the Master, what a disproportion is here? As if the title were taken up for some other end; we know the Apostle speaks of Ministers that could transform themselves as though they were the Ministers of Righteousnesse; I pray God our Ministers do not so, I would willingly suppresse those fears and suspitions; which doe what I can arise in me, from their words and practice. Sure they had approved themselves better christians, if upon the discovery of so bad a spirit in any of the Independents; as to persecute, had they power (though I beleive, there are not any such) I say, it had been more Christ-like in our Ministers, to have disswaded them from so unmanly, so much more unchristianly a vice, then to have it made an argument for practice in themselves. They might by the same rule, be Jewes to the Jew, or Turke to the Turke, Oppressours to the Oppressour; or doe any evill to others, that others would doe to them: if other mens doing of it, be an argument of the reasonablenesse thereof. But I hope, our Ministers will be so ingenious, as when they see their weaknesses forsake them, it will be both more comfortable to all other sorts of men, and in the end more happy for themselves.

2. Again, I suppose your suggestion to be very false; namely, that the Independents if they had power, would persecute the Presbyters: though let me tell you of all sects of men, those deserve least countenance of a State that would be Persecutors, not because of their consciences in the practice and exercise of their Religion, wherein the ground of Freedome consists; but because a persecuting spirit is the greatest enemy to humane society, the dissolver of love and brotherly affection, the cause of envyings, heart-burnings, divisions, yea, and of warres it selfe. Whosoever shall cast an impartiall eye upon times past, and examine the true cause and reason of the subversion, and devastation of States and countries, will I am confident; attribute it to no other, then the Tyranny of Princes, and Persecution of Priests. So that all States, minding their true interests, namely the good and welfare of the people, ought by all meanes to suppresse in every sect or degree of men, whether Papists, Episcopalls, Presbyters, Independents, Anabaptists, &c. the spirit of Domination, and Persecution, the disquieter and disturber of mankind, the offspring of Satan. God being all Love, and having so communicated himselfe unto us, and gave us commands to be like him, mercifull, as he our heavenly Father is mercifull; to bear with one anothers infirmities: neither does reason and true wisdome dictate any other to us, then that we should do unto others, as we would be done unto our selves; that spirit therefore which is contrary to God, to reason, to the well-being of States, as the spirit of Persecution evidently is; is most especially to be watcht, and warily to be circumscribed, and tied up by the wisdome of the supream power in Common-wealths. I speak not this to the disgrace of Presbyters, as Presbyters; for as such, I suppose they are not Persecutors: forasmuch as I know, some, and I hope there are many more of them, that are zealous and conscientious for that form of Government, and yet enemies to a compulsive power in matters of Religion. But for this end only, namely to beget a just and Christian dislike in all sorts of men, as well Presbyters, as others; of forcing all to one way of worship, though disagreeable to their minds: which cannot be done, without the assistance of this fury and pestilent enemy to mankind, Persecution. I proceed to the Ministers third Reason.

3. And partly to grant to them, and not to other Sectaries who are free-born as well as they, and have done as good service as they to the publick (as they use to plead) will be counted injustice, and great partiality; but to grant it to all, will scarce be cleared from impiety.

To the former part of this argument I gladly consent, that Sectaries have as good claimes to Freedome, as any sorts of men whatsoever; because free-born, because well-affected, and very assistant to their country in its necessities. The latter part of the argument is only an affirmation, without proof; the Ministers think sure it will be taken for truth because they said it, for such a presumption it seems they are arrived to. In the mean time what must they suppose the people to be, that do imagine their bare affirmations sufficient ground for the peoples belief; I would the people would learn from hence to be their own men, and make use of their own understandings in the search and beleif of things; let their Ministers be never so seemingly learned or judicious, God hath not given them understandings for nothing; the submission of the mind is the most ignoble slavery; which being in our own powers to keep free, the Subjection thereof argues in us the greater basenesse; but to the Assertion, that it will be impiety to grant it to all Sectaries.

I answer, First, that the word Sectary is communicable both to Presbyters and Independents, whether it be taken in the good sense for the followers of Christ; for such, all Presbyters, Independents, Brownists, Anabaptists, and all else, suppose and professe themselves to be: or in the common sense, for followers of some few men more eminent in their parts and abilities then other. And hereof the Independents and Presbyters are as guilty as the Separation, and so are as well Sectaries. Now all Sectaries, whether Presbyters, Independents, Brownists, Antinomians, Anabaptists, &c. have a like title and right to Freedome, or a Toleration; the title thereof being not any particular of the Opinion, but the Equity of every mans being Free in the State he lives in, and is obedient to, matters of opinion being not properly to be taken into cognisance any farther, then they break out into some disturbance, or disquiet to the State. But you will say, that by such a toleration, blasphemy will be broached, and such strange and horrid opinions, as would make the eares of every godly and Christian man to tingle; what must this also be tolerated? I answer, it cannot be just, to set bounds or limitations to toleration, any further then the safety of the people requires; the more horrid and blasphemous the opinion is, the easier supprest, by reason and argument; because it must necessarily be, that the weaker the arguments, are on one side, the stronger they are on the other: the grosser the errour is, the more advantage hath truth over it; the lesse colour likewise, and pretence there is, for imposing it upon the people. I am confident, that there is much more danger in a small, but speciously formed error, that hath a likenesse and similitude to truth, then in a grosse and palpable untruth.

Besides, can it in reason be judged the meetest way to draw a man out of his error, by imprisonment, bonds, or other punishment? You may as well be angry, and molest a man that has an imperfection or dimnesse in his eyes, and thinke by stripes or bonds to recover his sight: how preposterous would this bee? Your proper and meet way sure is, to apply things pertinent to his cure. And so likewise to a man whose understanding is clouded, whose inward sight is dimn and imperfect, whose mind is so far misinformed as to deny a Deity, or the Scriptures (for we’l instance in the worst of errors) can Bedlam or the Fleet reduce such a one? No certainly, it was ever found by all experience, that such rough courses did confirme the error, not remove it: nothing can doe that but the efficacy and convincing power of sound reason and argument; which, ’tis to be doubted, they are scarce furnisht withall that use other weapons. Hence have I observ’d that the most weak & passionate men, the most unable to defend truth, or their owne opinions, are the most violent for persecution. Whereas those whose minds are establisht, and whose opinions are built upon firm and demonstrable grounds, care not what winds blow, fear not to grapple with any error, because they are confident they can overthrow it.

3. Independency is a Schisme, and therefore not to be tollerated.

The principall argument brought to prove it, is this; Because they depart from the Presbyter Churches, which are true Churches, and so confest to be by the Independents.

I answer, that this Argument only concerns the Independents, because they only acknowledge them to be true Churches. Whether they are still of that opinion or no I know not, ’tis to be doubted they are not, especially since they have discern’d the spirit of enforcement and compulsion to raign in that Church; the truest mark of a false Church. I believe the Independents have chang’d their minde, especially those of them whose Pastors receive their Office and Ministery from the election of the people or congregation, and are not engag’d to allow so much to the Presbyters, because of their own interest; as deriving their calling from the Bishops and Pope, for the making up a supposed succession from the Apostles, who for their own sakes are enforc’d to acknowledge the Presbyter for a true Church, as the Presbyters are necessitated to allow the Episcopall and Papist Church, true or valid for the substance, as they confesse in the ordinance for Ordination, because they have receiv’d their Ministery therefrom, without which absurdity they cannot maintain their succession from the Apostles. But that the Independents are not a schism, they have and will, I believe, upon all occasions sufficiently justifie: I shall not therefore, since it concerns them in particular, insist thereupon; but proceed to the supposed mischiefs which the Ministers say will inevitably follow upon this tolleration, both to the Church and Commonwealth. First, to the Church.

1. Causelesse and unjust revolts, from our Ministery and Congregations.

To this I say, that it argues an abundance of distrust the Ministers have in their own abilities, and the doctrines they preach, to suppose their auditors will forsake them if other men have liberty to speak. ’Tis authority it seems must fill their Churches, and not the truth and efficacy of their doctrines. I judge it for my part a sufficient ground to suspect that for gold that can’t abide a triall. It seems our Ministers doctrines and Religion, are like Dagon of the Philistins, that will fall to pieces at the appearance of the Ark. Truth sure would be more confident, in hope to appear more glorious, being set off by faishood. And therefore I do adjure the Ministers, from that lovelinesse and potency that necessarily must be in Truth and Righteousnesse, if they think they do professe it, that they would procure the opening of every mans mouth, in confidence that truth, in whomsoever she is, will prove victorious; and like the Suns glorious lustre, darken all errors and vain imaginations of mans heart. But I fear the consequence sticks more in the stomacks, the emptying of their Churches being the eclipsing of their reputations, and the diminishing of their profits; if it be otherwise, let it appear by an equall allowing of that to others, which they have labour’d so much for to be allowed to themselves.

2. Our peoples minds will be troubled and in danger to be subverted, Acts 15.24.

A. The place of Scripture may concern themselves, and may as well be urg’d upon them by the Separation or Independents, as it is urg’d by them upon the Separation and Independents; namely, that they trouble the peoples mindes, and lay injunctions upon them, they were never commanded to lay. And ’tis very observable, the most of those Scriptures they urge against the Separation, do most properly belong unto themselves.

3. Bitter heart-burnings among brethren, will be fomented and perpetuated to all posterity.

I answer. Not by, but for want of a Tolleration: Because the State is not equall in its protection, but allows one sort of men to trample upon another; from hence must necessarily arise heart-burnings, which as they have ever been, so they will ever be perpetuated to posterity, unlesse the State wisely prevent them, by taking away the distinction that foments them; namely, (the particular indulgency of one party, and neglect of the other) by a just and equall tolleration. In that family strife and heart-burnings are commonly multiplied, where one son is more cockered and indulg’d then another; the way to foster love and amity, as well in a family, as in a State, being an equall respect from those that are in authority.

4. They say, the Godly, painfull, and orthodox Ministers will bee discouraged and despised.

Answ. Upon how slight foundation is their reputation supported, that fear being despised unlesse Authority forces all to Church to them? Since they have confidence to vouch themselves godly, painfull, and orthodox, me thinks they should not doubt an audience. The Apostles would empty the Churches, and Jewish Synagogues, and by the prevalency of their doctrine convert 3000 at a Sermon; and doe our Ministers feare, that have the opportunity of a Church, and the advantage of speaking an houre together without interruption, that they cannot keep those Auditors they have; but that they shall bee withdrawn from them by men of meaner lights (in their esteeme) by the illiterate and under-valued lay Preachers, that are (as the Ministers suppose) under the cloud of error and false doctrine? Surely they suspect their own Tenetss or their abilities to maintain them, that esteem it a discouragement to bee opposed, and feare they shall be despised if disputed withall.

5. They say, The life and power of godlinesse will be eaten out by frivolous disputes and vain janglings.

Answ. Frivolous disputes and vain janglings, are as unjustifiable in the people as in the Ministery, but milde and gentle Reasonings (which authority are onely to countenance) make much to the finding out of truth, which cloth most advance the life and power of godlinesse. Besides, a Toleration being allowed, and every Sect labouring to make it appear that they are in the truth, whereof a good life, or the power of godlinesse being the best badge or symptome; hence will necessarily follow, a noble contestation in all sorts of men to exceed in godlinesse, to the great improvement of vertue and piety amongst us. From whence it will be concluded too, that that Sect will be supposed to have least truth in them, that are least vertuous, and godlike in their lives and conversations.

6. They urge, That the whole course of religion in private families will be interrupted and undermined.

Answ. As if the Independents and Separation were not as religious in their private families, as the Presbyters.

7. Reciprocall duties between persons of nearest and dearest relations, will be extreamly violated.

Answ. A needlesse fear, grounded upon a supposition, that difference in judgement must needs occasion coldnesse of affection, which indeed proceeds from the different countenance and protection, which States have hitherto afforded to men of different judgements. Hence was it, that in the most persecuting times, when it was almost as bad in the vulgar esteem to be an Anabaptist, as a murtherer, it occasioned dis-inheritings, and many effects of want of affection, in people of nearest relations; but since the common odium and vilification is in great measure taken off, by the wise and just permission of all sects of men by the Parliament, man and wife, father and son, friend and friend, though of different opinions, can agree well together, and love one another; which shews that such difference in affection, is not properly the effect of difference in judgement, but of Persecution, and the distinct respect and different countenance that Authority has formerly shewn towards men not conforming.

8. They say, That the whole work of Reformation, especially in discipline and Government, will be retarded, disturbed, and in danger of being utterly frustrate and void.

It matters not, since they mean in the Presbyterian discipline and Government, accompanied with Persecution: Nay, it will be abundantly happy for the people, and exceedingly conducing to a lasting Peace (to which Persecution is the greatest enemy) if such a government so qualified be never setled. The Presbyters I hope, will fall short in their ayms. i. ’Tis not certain that the Parliament mean to settle the Presbyterian Government, since they have not declared that Government to be agreeable to Gods Word; although the Presbyters are pleasd, in their expressions, frequently to call their Government, Christs Government. Howsoever, their determination (which may well be supposd to be built upon their interest) is not binding: They are call’d to advise withall, not to controul. 2. In case the Parliament should approve of that Government in the main, yet the Prelaticall and persecuting power of it, we may well presume (since they themselves may smart under it as well as the rest of the people) they will never establish.

9. All other Sects and Heresies in the Kingdome, will be encouraged to endeavour the like tolleration.

Sects and Heresies! We must take leave to tell them, that those are termes impos’d ad placitum, and may be retorted with the like confidence upon themselves. How prove they Separation to be Sects and Heresies; because they differ and separate from them? That’s no Argument, unlesse they can first prove themselves to be in the truth? A matter with much presumption supposd, but never yet made good, and yet upon this groundlesse presumption, the whole fabrick of their function, their claim to the Churches, their preheminence in determining matters of Religion, their eager persuit after a power to persecute, is mainly supported. If the Separation are Sects and Heresies, because the Presbyters (supposing themselves to have the countenance of Authority, and some esteem with the people) judge them so: The Presbyters by the same rule were so, because the Bishops once in authority, and in greater countenance with the People, did so judge them to be.

And whereas they say, That Sects and Heresies will be encouraged to endeavour the like tolleration with the Independents.

I answer, that ’tis their right, their due as justly as their cloths, or food; and if they indeavour not for their Liberty, they are in a measure guilty of their owne bondage. How monstrous a matter the Ministers would make it to be, for men to labour to be free from persecution. They thinke they are in the saddle already, but will never I hope have the reines in their hands.

Their 10th. feare is the same.

2. They say the whole Church of England (they meane their whole Church of England) in short time will be swallowed up with distraction and confusion.

These things are but said, not proved: were it not that the Divines blew the coales of dissention, and exasperated one mans spirit against another; I am confidently perswaded we might differ in opinion, and yet love one another very well; as for any distraction or confusion that might intrench upon that civill peace, the Laws might provide against it, which is the earnest desires both of the Independents and Seperation.

2. They say, Tolleration will bring divers mischiefes upon the Commonwealth: For,

1. All these mischeifes in the Church will have their proportionable influence upon the Common-wealth.

This is but a slight supposition, and mentions no evill that is like to befall the Common-wealth.

2. They urge that the Kingdome will be wofully weakned by scandalls and Divisions, so that the Enemies both domesticall and forraigne will be encouraged to plot and practise against it.

I answer, that the contrary hereunto is much more likely, for two Reasons.

1. There is like to be a concurrence, and joynt assistance in the protection of the Common-wealth, which affords a joynt protection and encouragement to the People.

2. There can be no greater argument to the People, to venture their estates and lives in defence of their Country and that government, under which they enjoy not only a liberty, of Estate and Person, but a freedome likewise of serving God according to their consciences, whcih Religious men account the greatest blessing upon earth; I might mention notable instances of late actions of service in Independents and Seperatists, which arising but from hopes of such a freedome, can yet scarce be paraleld by any age or story.

3. They say it is much to be doubted, lest the power of the Magistrate should not only be weakned, but even utterly overthrowne; considering the principles and practices of Independents, together with their compliance with other Sectaries, sufficiently knowne to be antimagistraticall.

An injurious, but common scandal, this whereof much use has been made to the misleading the People into false apprehensions of their brethren the Seperatists, to the great increase of enmity and disaffection amongst us, whereof the Ministers are most especially guilty: Let any impartial man examine the principles, and search into the practises of the separation, and he must needs conclude that they are not the men that trouble England, but those rather that lay it to their charge: the separation indeede and Independents are enemies to Tyranny, none more, and oppression, from whence I beleeve has arisen the fore-mentioned scandall of them: but to just Goverment and Magistracy, none are more subject, and obedient: and therefore the Ministers may do well to lay aside such obloquies, which will otherwise by time and other discovery, turne to their own disgrace.

In the last place they say, ’tis opposite to the Covenant, I. Because opposite to the Reformation of Religion, according to the Word of God, and example of the best Reformed Churches.

I answer, 1, That the example of the best reformed Churches is not binding, further then they agree with the Word of God, so that the Word of God indeed is the only rule. Now the word of God is expresse for tolleration, as appeares by the Parable of the Tares growing with the wheate, by those two expresse and positive rules, 1. Every man should be fully perswaded of the truth of that way wherein he serves the Lord, 2. That whatsoever is not of faith is sinne; and 3. by that rule of reason and pure nature, cited by our blessed Saviour: namely, whatsoever ye would that men should do unto you, that do you unto them.

2. They say it is destructive to the 3. Kingdomes nearest conjunction and uniformity in Religion and Government.

I answer, that the same tolleration may be allowed in the 3. Kingdomes, together with the same Religion and Government; whether it shall be Presbiterian, or Independent, or Anabaptisticall: Besides that I suppose which is principally intended by this part of the Covenant, ’tis the Union of the 3. Kingdomes, and making them each defensive and helpfull to the other, which a tolleration will be a meanes to further, because of the encouragement that every man will have to maintaine his so excellent freedome; which he cannot better do, then by maintaining them all, because of the Independency they will have one upon the other.

3. ’Tis expresly contrary to the extirpation of Schisme, and whatsoever shall be found contrary to sound doctrine, and the power of Godlinesse.

I answer, That when it is certainly determined by judges that cannot err, who are the Schismaticks, there may be some seeming pretence to extirpate them, though then also no power or force is to be used, but lawfull means only, as the wise men have interpreted it; that is, Schisme and Heresie, when they appeare to be such, are to be rooted out by reason and debate, the sword of the Spirit, not of the Flesh; arguments, not blowes: unto which men betake themselves upon distrust of their own foundations, and consciousnesse of their owne inability.

Besides, as the Presbiters judge others to be a Schisme from them, so others judge them to be a Schisme from the Truth, in which sence only the Covenant can be taken.

4. Hereby we shall be involved in the guilt of other mens sinnes, and thereby be endangered to receive of their plagues.

I answer, that compulsion must necessarily occasion both much cruelty and much Hypocrisie: whereof the Divines, labouring so much for the cause, which is persecution, cannot be guiltlesse.

5. It seemes utterly impossible (if such a tolleration should be granted) that the Lord should be one, and his name one, in the 3. Kingdomes.

I suppose they mean by that phrase, it is impossible that our judgements and profession should be one; so I believe it is, whether there be a Tolleration or no. But certainly the likeliest way, if there be any thereunto, is by finding out one truth; which most probably will be by giving liberty to every man to speak his minde, and produce his reasons and arguments; and not by hearing one Sect only: That if it does produce a forc’d unity, it may be more probably in errour, then in truth; the Ministers being not so likely to deal clearly in the search thereof, because of their interests, as the Laity, who live not thereupon, but enquire for truth, for truths sake, and the satisfaction of their own mindes.

And thus I have done with the Argumentive part of the Letter. I shall onely desire, that what I have said may be without prejudice considered: And that the People would look upon all sorts of men and writings, as they are in themselves, and not as they are represented by others, or forestall’d by a deceitfull rumour or opinion.

In this controversie concerning Tolleration, I make no question but the Parliament will judge justly between the two parties; who have both the greatest opportunity and abilities, to discern between the integrity of the one side, and the interest of the other. That the one party pleads for toleration, for the comfort and tranquility of their lives, and the peaceable serving of God according to their consciences, in which they desire no mans disturbance. That the other that plead against it, may (I would I could say onely probably) be swayed by interest and self-respects, their means and preheminence. I make no question but the Parliament, before they proceed to a determination of matters concerning Religion, will as they have heard one party, the Divines, so likewise reserve one ear for all other sorts of men; knowing that they that give sentence, all partees being not heard, though the sentence be just (which then likely will not be) yet they are unjust. Besides, the Parliament themselves are much concerned in this controversie, since upon their dissolution they must mixe with the people, and then either enjoy the sweets of freedome, or suffer under the most irksome yoke of Priestly bondage: and therefore since they are concem’d in a double respect; first, as chosen by the People to provide for their safety and Freedome, whereof Liberty of conscience is the principall branch, and so engag’d by duty: secondly, as Members of the Common-wealth, and so oblig’d to establish Freedome, out of love to themselves and their posterity.

I shall only add one word more concerning this Letter, which is this; That ’tis worth the observation, that the same men are part of the contrivers of it, and part of those to whom ’twas sent; Mr. Walker being President of Sion Colledge, Mr. Seaman one of the Deans, (observe that word) and Mr. Roborough, one of the Assistants, all three Members of the Synod: who with the rest framing it seasonably, and purposely to meet with the Letter from Scotland, concerning Church Government, may well remove the wonder and admiration that seem’d to possesse one of the Scotch grand Divines in the Synod, at the concurrence of Providence in these two Letters: of the politick and confederated ordering whereof, he could not be ignorant.

FINIS.

T.58 (3.2) John Lilburne and Richard Overton, The out-cryes of Opressed Commons (28 February 1646).

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T.58 [1646.02] (3.2) John Lilburne and Richard Overton, The out-cryes of Opressed Commons (February 1646).

Full title

John Lilburne and Richard Overton, The out-cryes of Opressed Commons. Directed to all the rationall and understanding men in the Kingdome of England, and Dominion of Wales, (that have not resolved with themselves to be Vassells and Slaves, unto the lusts and wills of Tyrants.) From Lieut. Col. John Liburne, prerogative prisoner in the Tower of London, and Richard Overton, prerogative prisoner, in the infamous Gaole of Newgate. Feb. 1646.

Ier. 7.8, 9.10. Behold, yee trust in lying words, that cannot profit. will yee steale, murther, and commit adultery, and sweare falsly, and burneincense unto Baal, and walk after other Gods, whom yee know not, and come and stand before me in this house, which is called by my name, and say, we are delivered to doe all these abominations.
Verse 16. Therefore pray not for this people, neither lift up cry nor prayer for them, neither make intercession to me, for I will not heare thee.
Mat. 23.14. Woe unter you Scribes and Pharisees, Hypocrites: for yee devoure
widowes houses and for a pretence make long prayers, therefore you shall receive the greater damnation.
Hosea 4.2.3. By swearing, and lying, and killing, and stealing, and committing adultery, they breake out, and blood toucheth blood, therefore shall the land mourne.

The Second Edition Corrected.

The pamphlet contains the following parts:

  1. The out-cryes of Oppressed Commons
  2. To the right Honourable, the betrusted Knights, Citizens, and Burgesses in the Commons House of Parliament (Englands legall, Soveraign power, Assembled.) The humble Petition of the Inhabitants of Buckingham shire, and Hartford-shire, &c. whose Names are hereunto subscribed
  3. Instructions agreed upon as the sence of the Petitioners of Buckinghampshire and Hartford shire.
  4. To the High and Honourable the Knights, Citizens; and Burgesses, in the supreame Court of Parliament assembled, The Petition of divers Young men and Apprentices of the City of London (1 March, 1646)
  5. To the Chosen and betrusted Knights, Citizens, and Burgesses, assembled in the High and Supreame Court of Parliament. The humble Petition of Elizabeth Lilburne
Estimated date of publication

28 February 1646. In TT the date of 1647 is given.

Thomason Tracts Catalog information

TT1, p. 497; E. 378. (13.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

GEntle men, Anti-Magistrates we are not, but owne Magistracy as Gods Ordinance appointed for the good and well being of men kind, Rom. 13. 1. 2. 3. 4. 5, 6. Unto whose power and Authority, in all lawfull things, we both have, and are willing to stoop unto, but no further, neither doe we crave or desire, any favour, priviledge or benefit, but what is given unto us by the good, established, and just Lawes of England (which the Parliament solemnly, haveoften sworne to maintain, of which for our particulars, we have for many moneths been robd of, by the tyranny and usurpation of the Lords, (commonly called the House of Peeres) now sitting at Westminster, who have usurpedly, and contrary to the just and knowne Law of the Land, assumed unto themselves, (by the law of their owne wills) a power in criminall causes, to judge and commit us who are Commoners, which by law they have no authority not in the least to doe, as appeares in the 29. Chapter of Magna Charta, which expresly saith. “No freeman shall be taken or imprisoned, or be disseised of his free-hold,” or liberties, or free customes, or be out lawed, or exiled, or any otherwise distroyed “nor we will not passe upon him, nor condemne him, but by lawfull judgement of his Peers, or by the law of the Land. We will sell to no man, we will not deny nor deferre to any man either justice or right. And the 3. E. 1. 6. likewise expresly saith, “and that no City, Borough, nor towne, nor any man be amerced without reasonable cause and according to the quantity of his trespasse, that is to say, every free man saving his free hold. A Merchant saving his Merchandize, a Villain(g. H. 3. 14.) saving his waynage, and that by his or their Peers. Which 29. Chap. of Magna Charta, is expresly by name confirmed in the Petition of Right, made in the third yeare of the present King Charles, which absolutely abolisheth all Lawes made in derogation of the said just Law, which Petition of Right, and every clause there in contained, is expresly confirmed by this present Parliament, as appeares by the statute that abolished the Star Chamber, and the statute, that abolished Ship money. And that learned man of the Law, Sir Edward Cooke, in his exposition of Magna Charta, which booke is published to the publique view of the Kingdome as law, by two speciall orders of the present House of Commons, as in the last pag. thereof you may read, who in his exposition of the 14. chap of Magna Charta, 2. part institutes fol. 28. saith, that by Peers, is meant Equalls, and in fol. 29. he saith, “the generall devision of persons by the law of England is either one that is Noble, and in respect of his Nobility of the Lords House of Parliament, or one of the Commons of the Realm, and in respect thereof, of the House of Commons in Parliament, & as there be divers degrees of Nobility, as Dukes, Marquesses, Earles, Viscounts & Barons and yet all of them are comprehended within this word PARES, so of the Commons of the Realme, there be Knights, Esquires, Gentle-men, Citizens, Yeomen and Burgesses of severall degrees, and yet all of them of the Commons, of the Realme, and as every of the Nobles is one, a PEER to another, though he be of a severall degree, so is it of the Commons, and as it hath been said of men, so doth it hold of noble women, either by birth or by marriage, but see hereof, chap. 29. And in his exposition of chap. 29. pag. Ibem, he saith no man shall be disseised, that is, put out of seison, or dispossessed of his free-hold, (that is) lands or lively hood, or of his liberties, or free customes, that is, of such franchises, and freedomes, and free customes, as belong to him by his free birth-right, unlesse it be by the lawfull judgement, that is, verdict of his EQVALS, (that is, men of his owne condition) or by the law of the land, (that is to speake once for all) by the due course and processe of Law.

No man shall be in any sort destroyed (to destroy i.e.) what was first built and made, wholly to overthrow and pull downe, unlesse it be by the verdict of his EQVALS, or according to the Law of the land. And so saith he is the sentence, (neither will we passe upon him) to be understood, but by the iudgement of his PEERS, that is EQVALS, or according to the Law of the Land, see him, fol. 48. upon this sentence; pro indicium parium suorum, and pag. 50. hee saith it was inacted, that the Lords and Peers of this Realme, should not give iudgement upon any but their Peers, and cites Rot. Parl. 4. E. 3. Num. 6. But the Roule is 4. E. 3. Num. 2. in the case of Sir Simon de Bereford, in which the Lords doe ingeniously confesse, that it is contrary to Law, for them to passe iudgement upon a Commoner, being they are not their Peers, that is EQVALS, which record at large you may read in The oppressed mans oppressions declared, Edition the second. pag. 18, 19 And also in part; in Vox plebis, pag. 40. 41.

So that by what hath been said, it cleerly, evidently, and undeniably appeares by the Law of the Land, and the Lords owne confession, that they are not the Peers or Iudges of Commoners in any criminall cases what soever. And we offer (at our utmost perrill) before any legall power in England, to maintain it by the knowne and declared Law of the Land, (which the Lords themselves, have solemnly covinanted and sworne to maintaine) that the Lords by the Law of England, “have not in the least any Iurisdiction at all over any of the Commons of England in any criminall cases whatsoever. But if the studious and industrious Reader, please to read that notable and late printed booke, called Regall tyranny discovered, he shall find that the Author of that book in his 43. 44. 45, 46, 47, and 86. page, layes downe many strong and solid arguments, to prove “that the House of Lords, have not lustly, neither judicative, nor legeslative power at all in them; and in his 94, 95, 96, 97, 98. he declares from very sound and good authority, “that before William the Conquerer and invader, subdued the rights and priviledges of Parliaments, that the King and the Commons held and kept Parliaments, without Temporall Lords, Bishops, or Abbots, the two last of which, viz. Bishops and Abbots he proves, had as true and good right to sit in Parliament, as any of the present Lords now sitting at Westminster, either now have, or ever had, yea, and out of the 20, 21, pages of that notable, and very usefull to be knowne booke, called, The manner of holding Parliaments in England; before and since the conquest, &c. declares plainly, that in times by past, “there was neither Bishop, Earle, nor Baron, and yet even then the King of England kept Parliaments with their Commons only, and though since by INNOVATION, Earles and Barons, have been by the Kings prerogative Charters, (which of what legall or binding authority they are, you may fully read in the Lords and Commons Declaration this present Parliament) summoned to sit in Parliament, yet notwithstanding the King may hold a Parliament, with the Commonalty, or Commons of the Kingdome, without Bishops, Earles and Barons, and saith Mr. William Pryn, in the 1. part of his Soveraign power of Parliaments, pag. 43. (which booke is commanded to be printed by speciall authority, of the present House of Commons) out of Mr Iohn Vowels manner of holding Parliaments, which is recorded in Holingh; Cron. of Ireland, fol. 127, 128. that in times by past the King and the Commons did make a full Parliament, which authority (saith hee) was never hitherto abridged. Yea, this present Parliament in their Declaration concerning the Treaty of Peace in Yorkshire 20. Septem. 1641. betwixt the Lord Fairfax, &c. and Mr. Bellasis, &c. booke decl. 1. part pag 628. doe declare, first that none of the parties to that agreement, had any authority by any act of theirs, to bind that countrey, to any such Nutrality, as is mentioned in that agreement, it being a peculiar and proper power and priviledge of Parliament, where the whole body of the Kingdome is represented to bind all or any part. And we say the body of the Kingdome, is represented only in the House of Commons, the Lords not being in the least chosen to represent any body at all, yea, and the House of Commons, calls their single order for the receiving of Pole-money, May 6. 1642. 1. part book decl pag. 178. An Order of the House of Parliament, yea, and by severall single orders, have acted in the greatest affaires of the Common-wealth, sometimes against the wills and minds of the Lords, 1. part book decl. pag. 13. 121. 122, 305, 522, 526, 537, 546, 557. book decl. 2. part pag 6, 7, 10, 12. 25. 29. 36. 37. 40, 41. 42. 45. 43, &c. see pag. 877, 878. 879.

And yet notwithstanding all this, the Lords like a company of forsworne men, (for they have often solemnly sworne to maintaine the Law) have by force and violence, indeavoured to their power, and contrary to law, to assume to themselves a judicative power over us, (who are Commons of England in criminall cases) and for refusing to stoop thereunto, have barbarously for many moneths tirannized over us, with imprisonments, &c. And we according to the duty we owe to our native country, and to ourselves and ours, for the preservation of our selves, and the good and just declared lawes and liberties of England, and from keeping our selves and our posterities, from vassalage and bondage, did thereupon according to law and justice, appeale to the honourable House of Commons (as you may truly and largely read in divers and sundry bookes, published by us, and our friends) as the supreame and legall power and judicature in England, whom we did thinke and judge, had been chosen of purpose, by the free men of England to maintaine the fundamentall good lawes and liberties thereof, but to their everlasting shame (and the amazement of all that chose and betrusted them.) We are forced to speake it, we have not found any reall intentions in them, to performe unto us, the trust in that Particular reposed in them by the whole Kingdome, neither, have we any grounded cause to say (in truth) any otherwise of them, but that they are more studious and industrious unjustly in deviding hundred thousands of pounds of the Common wealths money amongst themselves, then in actuall doing to us (in whom all and every the Commons of England are concerned, for what by the wills of the Lords, is done to us to day, may be done to any Commoner of England to morrow) either justice or right, according to their duty, and their often sworne oathes, though we have not ceased continuall to the utmost of our power, legally, and iustly to crave it at their hands, as you may fully read in our forementioned printed bookes. Sure we are; they tell us in their printed Declarations, that they are chosen and betrusted by the people, 1. part bok. decl. pag, 171, 172. 263. 264, 266, 336, 340. 361, 459. 462-508 588, 613, 628. 690, 703, 705, 711 714. 716. 724, 725. 729. And that to provide for their weale, but not for their woe, book decl. 1. part page 150: 81 382. 726. 728.

And they in their notable Declaration of the 2. Novemb. 1642. booke decl. 1 part pag. 700, expresly tell us, that all interests of publique trust is only for the publique good, and not for private advantages, nor to the prejudice of any mans particular interest, much lesse of the publique, and in the same page they further say, that all interests of trust, is limitted to such ends or uses, and may not be imployed to any other, especially they that have any interests only to the use of others, (as they confesse all Interests of trust are) cannot imploy them to their owne, or any other use, then that for which they are intrusted, yea, and page 266. they tell the King, that the whole Kingdome it selfe is intrusted unto him for the good and safety and best advantage thereof, and as this trust is for the use of the Kingdome, so ought it to be managed by the advice of the Houses of Parliament, whom the Kingdome hath intrusted for that purpose, it being their duty to see it be discharged according to the condition, and true intent thereof, and as much as in them lyes, by all possible meanes to prevent the contrary. And in page 687. being answering a charge that the King laid upon them, which was, as they cite it, that we can doe him no wrong, because he is not capable of receiving any, and that we have taken nothing from him, because he never had any thing of his owne to lose, upon which they demand the question, and say, in what part of that Declaration (meaning theirs of the 26. May, 1642.) is this told the King in plain English, or by any good inference? unlesse it must needs follow, that be “cause the King hath not a right of property in the Townes, Forts, Subjects, publique treasure and offices of the Kingdome, nor in the Kingdome it selfe to dispose of it at his pleasure, and for his owne private advantage, but only a trust for the commnn good of himselfe and his Subjects* (as it is most cleare he hath them no otherwise) that therefore he cannot have a property in any of the Lands or goods, as Subiects have in theirs, and yet it is a truth that the more publique any person is, the more interest the publique hath even in those things that belong to him as a private man, in which regard the King hath not the like liberty, in disposing of his owne person, or of the persons of his children (in respect of the interest the Kingdome hath in them) as a private man may have.

And therefore negatively in the second place, we are sure, that the House of Commons, by their owne Declarations, were never intentionally chosen and sent to Westminster to devide amongst themselves, the great offices and places of the Kingdome, and under pretence of them to make themselves rich and mighty men, with sucking and deviding among themselves, the vitall and heart blood of the Common wealth, (viz. its treasure) now lying not in a swound, but even a gasping for life and being, but let us see whether this and other of their late doings, be according to their former protestations, imprecations and just Declarations, which if they be not woe to them, for saith the spirit of God, Eccle. 5. 4. 5. When thou vowest a vow unto God defer not to pay it; for he hath no pleasure in fooles, pay that which thou hast vowed. For better it is that thou shouldest not vow, then that thou shouldest vow and not pay, see Deut. 23. 21. 23. That which is gone out of thy lyps, saith God, thou shalt keep and performe, Num. 30. 2. Psal. 76. 21. Iob 22. 27 Eze. 17. 16, 17, 18, 19, Eze. 5. 4. 5. We find in their Declaration of the 5. May 1642. book de. 1. par p. 172 these words, The Lords and Commons therefore entrusted with the safety of the Kingdome, and peace of the people (which they call God to witnesse is their only aime) finding themselves denyed these their so necessary and iust demands (about the Militia) and that they can never be discharged before God or man, if they should suffer the safety of the Kingdome, and peace of the people, to be exposed to the malice of the Malignant party, &c. And in there Remonst. of the 19. of May, 1642. book del. 1 par. p. 195. they say, That the providing for the publique peace, and the prosperity of all his Maiesties Realmes: within the presence of the all seeing diety, we protest to have been, and still to be the only end of all our counsells and indeavours, wherein we have resolved to continue freed and inlarged from all private aimes, personall respects or passions whatsoever. But we wish withall our soules, they had intended, what they here declared, when they declared it, which is too much evident to every rational mans eyes, that sees and knowes their practises, that they did not, or that if they did, that they have broken and falcified their words and promises, and in the same Remonst. p. 214. speaking of those many difficulties they meet with in the discharge of their places, and duty, they say, “Yet wee doubt not, but we shall overcome all this at last, if the people suffer not themselves to be deluded, with false and specious shewes, and so drawn to betray us to their owne undoing we have ever been willing to hazzard 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, they should prevaile herein, yet we would not faile through Gods grace still to persist in our duties, and to looke beyond our owne lives, estates and advantages, as those who thinke nothing worth the enjoying, without the liberty, peace and safety of the Kingdome: nor any thing too good to be hazzarded in discharge of our consciences, for the obtaining of it, and shall alwayes repose our selves upon the protection of almighty God, which we are confident shall never be wanting to us, (while wee seek his glory) as we have found it hitherto, wonderfully going along with us, in all our proceedings. O golden words! unto the makers of which we desire to rehearse the 23. Mat. 27, Woe unto you Scribes, and Pharisees, Hypocrites, for yee are like unto whited Sepulchers, which indeed appeare beautifull outward, but are within full of dead mens bones, and of all uncleannesse. And in their Remon. May. 26. 1642. p. 281. They declare, “that their indeavours for the preservation of the Lawes and liberties of England, have been most hearty and sincere, in which indeavour, say they, by the grace of God we will still persist though we should perish in the worke; which if it should be, it is much to be feared, that Religion, Lawes, liberties and Parliaments, will not be long lived after us: but saith Christ, Mat. 23. 23, 28. Woe unto you Scribes and Pharisees, Hypocrites for yee make cleane the outside of the cup, and of the platter, but within they are full of extortion and excesse. Yee also appeare outwardly righteous unto men, but within yee are full of hypocrisie and iniquity. And in their Decla. of July, 1642. concerning the distractions of the Kingdome, &c p. 463. 464. speaking of the businesse of Hull, they say, “the war being thus by his Maiesty begun, the Lords and Commons in Parliament, hold themselves bound in conscience to raise forces for the preservation of themselves, the peace of the Kingdome and protection of the Subiects in their persons and estates, according to Law, the defence and securite of Parliament, and of all those who have been imployed by them in any publique service for these ends, and through Gods blessing, to disappoint the designes, and expectations, of those who have drawn his Maiestie to these courses and Counsells, in favour of the Papists at home, the Rebells in Ireland, the forraign enemies, of our Religion and peace.

“In the opposing of all which, they desire the concurrence of the well disposed Subjects of this Kingdome, and shall manifest by their courses and indeavours, that they are carried by no respects but of the publique good, which they will alwayes prefer before their owne lives and fortunes. O that we might not too justly say! they are already falne from their words.

And in their most notable Declaration of August, 1642. pag. 498. being in great distresse they cry out in these words, “and we doe here require all those that have any sence of piety, honour or compassion, to helpe a distressed state, especially such as have taken the Protestation, and are bound in the same duty with us unto their God, their King and country, to come in to our aid and assistance, this being the true cause, for which we have raised an Army, under the command of the Earle of Essex, with whom in this quarrell wee will live and dye.

And in their answer to his Majesties message of the 12 of No. 1642. p. 750. they have these words, God who sees our innocency, and that we have no aimes, but at his glory and the publique good, &c. O golden language, but without reall performance, are but an execrable abomination in the sight of God, and all rationall men.

But when these Declarations and Promises were solemnly made, the Authors of them tooke it extreame ill at the hands of the King, when he told them they dissembled, and meerly sought themselves, and their owne honour and greatnesse, which he doth to the purpose in severall of his Declarations, but especially in his Declaration of the 12. August, 1642. pag. where speaking of the earnest desire he had to ease and satisfie his Subjects, he saith, that whilst we were busie in providing for the publique, they were contriving particular advantages of offices and places for themselves, and made use underhand of the former grievances of the Subiect, in things concerning Religion and Law, &c. and in the next pag. speaking of their zeale against the Bishops, &c. He declares their designe, was but of their goodly revenue to erect Stipends to their owne Clergy, and to raise estates to repaire their owne broken fortunes.*

And in the Same Remonstrance pag. 539. he declares, that after many feares and iealousies were begun, they would suffer no meanes to compose it, but inflamed the people, because (he saith) they knew they should not only be disappointed of the places, offices, honours, and imployments they had promised themselves, but be exposed to the justice of the law, and the just hatred of all good men.

All which they in their antient and primitive declarations disdaine, as most dishonourable to be fixed upon them, or supposed ever intentively to be acted by them, especially so visibly that any should be able to see it, and therefore in their 3. Remonstrance, book decl. 1. part pag. 264. “they labour to perswade the people not to destroy themselves, by taking their lives, liberties, and estates out of their hands, whom they have chosen and betrusted therewith, and resigne them up to some evill Counsellours about his Majestie, who (they say) are the men that would perswade the people, that both Houses of Parliament containing all the Peers, and representing all the Commons of England, would destroy the Laws of the land, and liberties of the People, wherein besides the trust of the whole, they themselves in their owne particular, have so great an interest of honour and estate, that we hope it will gaine little credit with any, that have the least use of reason, that such as 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 hazzards to make themselves slaves, and to destroy the property of their estates. But we say in the bitternesse of our soules. O! that their actions and dealings with us, and many other free men of England, had not given too just and grounded cause to judge that the forementioned charge of the King, was righteous, just, and true upon them, and which if their owne consciences were not seared with hot Irons, and so past feeling, would tell them with horror* that he spoake the truth.

And in the forementioned most notable Declaration, pag. 494. one of the principall things they complaine of against the King, and his evill Counsellers is, ‘that they endeavour to possesse the people that the Parliament will take away the law, and introduce an arbitrary Government; a thing (say they) which every honest morall man abhors, much more the wisedome; justice, and piety of the two Houses of Parliament,* and in truth such a charge as no rationall man can beleeve it, it being unpossible so many severall persous, as the Houses of Parliament consists of about 600. and in either House of equall power shall all of them, or at least the Major part, agree in acts of will and tyranny, which make up an arbitrary government,* and most improbable, that the nobillity and chiefe gentry of this Kingdome, 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 meaner sort of people, with whom otherwise they should be but fellow servants.

And when they come to answer the Kings maine charge, laid to them, in his Declaration, in answer to theirs of the 26. of May, 1642. they say, book decl. pag. 694. “As for that concerning our inclination to be slaves, it is affirmed, that his Majesty said nothing which might imply any such inclination in us, but sure, what ever be our inclination, slavery would be our condition, if we should goe about to overthrow the Lawes of the Land,* and the propriety 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 turne suffer our selves, whatsoever we should impose upon others, we have refused to doe or suffer our selves, and that in a high proportion. But there is a strong and vehement presumption, that we affect to be tyrants, and what is that? because we will admit no rule to governe by but our owne wills:* But we wish the charge might not too truly be laid upon you. For our parts, we aver, wee feele the insupportable weight of it upon both our shoulders.

And therefore to conclude this, we desire to informe you, that in severall of their Declarations, they declare and professe, they “will maintaine what they have sworne in their protestations, the which if you please to read, you shall find there amongst other things, that they have sworne solemnly to maintaine the lawfull rights and liberties of the Subject, and every person whatsoever, that shall lawfuly in deavour the preservation thereof and therefore book dec. 2. part pag. 497. they solemnly imprecate the judgements of God to fall upon them, if they performe not their vowes,* promises and duties; and say woe to us if we doe it not, at least doe our utmost indeavours in it, for the discharge of our duties, and the saving of our soules, and leave the successe to God Almighty*.

Now what the liberty of the Subject is, they themselves in their Declarations excellent well discribe and declare; “that it is the liberty of every Subject to injoy the benefit of the law, and not arbitrarily and illegally to be committed to prison, but only by due course and processe of law, nor to have their lives, liberties nor estates taken from them, but by due course and processe of Law, according to Magna Charta and the Petition of Right which condemnes as unjust all Interrogatorie proceedings in a mans owne case, nor to be denyed Habeas Corpusses, nor baile in all cases whatsoever, that by law are baileable, and to injoy speedy tryalls without having the just course of the law, obstructed against them, 1. part book decl. pag. 6, 72, 38, 77. 201. 277. 278. 458, 459. 660, 845.

Yea, in their great Declaration of the 2. Novemb. 1642. book. decl. 1. part. pag. 720 they declare “it is the liberty and priviledge of the people, to Petition unto them for the ease and redresse of their grievances, and oppressions, and that they are bound in duty to receive their Petitions, their own words are these, “we acknowledge that we have received Petitions, for the removall of things established by law, and we must say, and all that know what belongeth to the course and practice of Parliament, will say that we ought so to doe, and that our predicessors and his Majesties Ancestors have constantly done it there being no other place wherein lawes, that by experience may be found grievous and burthensome can be altered or repealed, and there being no other due and legall way, wherein they which are agrieved by them, can seeke redresse; yea, in other of their Declarations, they declare, that is, the liberty of the people in multitudes to come to the Parliament to deliver their Petitions, and there day by day to waite for answers to them, [Editor: illegible word] part book. decl page 1. 2 3. 201. 202. 209. 548.

And there is not a little harmony betwixt these their Declarations. and the antient and just Law of the Land, as appeares by the future of 36. E. 3. 10. which expresly saith, that “for maintenance of the Law, and the redresse of divers mischiefes and grievances which dayly happen, a Parliament shall be holden every yeare, as another time was ordained by a statute of the 4. E 3. 14 yea saith learned Sir Edward Cocke in the 3. part of his Instit. chap. high Court of Parliament, fo. 11. One of the principall ends of calling of Parliaments, is for the redresse of the mischiefes and grievances that dayly happen, and therefore (saith he) (Ibim) the Parliament ought not to be ended while any Petition dependeth undiscussed, or at least to which a determinate answer is not made, but truly we are afraid that if this last rule should be observed, this present Parliament must sit till the day of judgment, for we for our particulars may truly say it is the furthest thing in their thoughts, duly to redresse the grievances of the people for care they take none for any thing we can see, but how to accomplish their owne pecuniary ends, and to study wayes how to increase mischiefes and grievances, and to involve the generality of the people, in an everlasting caos of confusion, by making their wills and lusts a law, their envy and malice a law, their covetousnesse and ambition a law, for we for our parts are necessitated to declare (with anxity’ of spirit) that we can obtain no justice nor right at their hands, though we have long since appealed to them for it, yet can we not obtain so much justice from them, as to get our reports made in the House, from their own Committee they themselves appointed to examin our business: neither can we so much as get our businesse publiquely debated in the House (because as it seemes they have no time to spare, to spend to redresse the Commons grand grievances, from their weighty imployments, in unjustly sharing vast summs of the Common wealths money amongst themselves,) although we have not ceased to use all the legall meanes, that both our owne braines, and all the friends and interests we had about London could furnish us with, and when they failed us, God himselfe raised us up divers friends in the Country of our fellow Commons who made our oppressions their owne, and of their selves, before we knew any thing, were about framing a Petition in our behalfe, which as soone as we knew it, we could not chuse but looke upon it (as to us) in the nature of a resurrection from the dead, who we have too just cause to thinke were buried alive, and swallowed up quick in the Canniball breast and mawes, of the man eating and devouring House of Lords. And therefore as Paul in the like case said in the 2 Tim. 1. 16. 17. 18. The Lord give mercy unto the house of Onesiphorus for he hath oft refreshed me, and was not ashamed of my chain: But when I was at Rome he sought me out very deligently, and found me. The Lord grant unto him, that he may find mercy of the Lord in that day.

Even so say we in the inlargednesse of our soules, the Lord give merey to the honest, manlike, and Saint-like Inhabitants of Buckingham-shire: and Hartford-shire, for they have greatly and extraordinarily refreshed us, and were not ashamed of our chaines and bonds for the libertys of their Country, and when they were in London sought us out very deligently and found us, and not only so, but the greatest part of ten thousand of them, as we understand subscribed a Petition for us, to the House of Commons, to desire them, according to their duty, to deliver us out of the devouring Pawes, of the tyrannicall House of Lords, and to free us from their arbitrary and illegall power, and divers hundreds, of them at their own costs and charges, through much underhand opposition, came to the Cities of London and Westminster, about or upon the 10. Feb. 1646. but not finding speedy and free accesse to the House of Commons with their Petition, according to their just expectation, their owne primitive practice, and publiquely declared duty: in which regard they left behind them 6. of themselves, as Commissioners for all the rest, to improve their utmost interest to get their Petition to be delivered and read in the House, and gave unto them instructions in writing to explaine some things in the Petition, in case they were called into the House, and then to give a perfect account unto them, what was done about their Petition: but their Commissioners waited with all deligence upon the House, till the 17. or 18. of Feb. 1646. and improved (as we credibly understand) all their interest in all or the most of their own Knights and Burgesses, &c. but could not by all the meanes, they could use get their Petition read in the House, the reason of which we are not able to render, unlesse it be that the Peoples chosen trustees of the House of Commons, are resolved to betray their trust, and to sacriffice the lives, liberties, and proprieties, of all the Commons of England, to the mercilesse tyrannie, and barborous crueltie of the House of Lords, Oh COMMONS of England, awake, awake, and looke seriously and carefully about you, before you be made absolute vassells and slaves, unto the lusts and wills of those that you have preserve alive with your blood and treasure from whom yee deserve better then you find, or are likely to injoy.

The Lord grant unto the foresaid men of Buckingham-shire and Hartford-shire, that they may find mercy of the Lord in the day of their account, and the Lord God grant that their spirits may not faint, flag, nor be weary, but that they may renue their strength, and double and trible their Petition, with all importunity, and solicite all their neighbouring, Countyes to joyn with them, and never give over till they have made them and their posteritie free from the bondage of the Lords, and shakt of all arbitrary power what ever. And the Lord God of Heaven raise up heroically the spirit of all their fellow Commons in all the Counties of England to second them and joyne with them, in that legall, just and righteous worke they have begun, and to glue and knit their hearts and soules together, as Jonathan and Davids was, that they may never part nor be devided, till they have accomplished their iust enterprise, and the good Lord; require all their kindnesses and labour of love, manifefested unto us poore afflicted and greatly distressed prisoners seven fold, into their owne bosomes, Amen Amen.

But now in regard our friends, nor their Commissioners cannot get their Petition to be delivered, in which regard they have all left the City and Parliament, as disparing in obtaining their just end at the present, and are gone downe into the Countrey, truely to acquaint the rest of their friends, how they have been dealt with, we judge it our duty, and that we are so much bound to our selves, and the whole Kingdome: (though we must truly confesse, that at we have no such Commission from the Petitioners nor their Commissioners) as to publish a true Copy of their Petition and instructions, which thus followeth.

To the right Honourable, the betrusted Knights, Citizens, and Burgesses in the Commons House of Parliament (Englands legall, Soveraign power, Assembled.)

The humble Petition of the Inhabitants of Buckingham shire, and Hartford-shire, &c. whose Names are hereunto subscribed.

HVMBLY SHEWETH.

THat your Petitioners, and the rest of the free-men of England, before the beginning of this Parliament, being almost destroyed of their Lawes, Libertyes, and Freedoms, by the arbitrary machinations, politick designes, and practises of the Pattentee Mnopolizers, and of other arbitrary supplanters and Agents, which laboured to subvert the Fundamentall Constitutions of this Realme, and to set up a tyrannicall Government, tending to the utter vassalage and overthrow of all the free people of this Kingdome, together with their Naturall, Nationall, and Legall Rights and Liberties, God putting into our hands, an opportunity to free our selves from those tyrannies and oppressions; We, for our better weal and happinesse, chose and betrusted your Honours for the same end and purpose; and to that end we have elected, invested, and betrusted you with our indubitable and naturall power and Birth-rights, for the just and legal removall of our Nationall evills; In the expectation whereof, we have waited ever since, your first sitting continually and cheerfully assisting you, with our lives, persons, and estates, being much incouraged thereto by the severall protestations, and Declarations, wherein you have solemnly protested before the great God of Heaven and Earth, and to the whole world declared your upright and well grounded resolutions, to vindicate the just liberties, of every Free-borne Englishman, without exception.

Now therefore, our most humble request unto your honours is, that you would (according to your duties, and the great trust reposed in you) take into your consideration, the slavish condition, that we the free people of England are yet subject unto, by reason of those arbitrary practises that are still continued, acted, and perpetrated upon us by some prerogative men of this Kingdome; whom we humbly conceive, have no power over our bodies or estates they being not Elected thereunto by the free men of England; and therefore may not commit our bodies to prison (contrary to the fundamentall lawes, of this Kingdome) as we suppose hath been done to, some of the free men of this Kingdome without producing any Legall Authoritie, that your Petitioners can here of; for what they did. Wherefore your Petitioners most humble desire is that you would according to the respective Appeales of the said free Subjects unto this supreame House, be pleased to take their cause into the legall Iudgement, and speedie determination of this House, as the whole matter thereof shall be reported unto you, by the honourable Committee, for consideration of the commons Liberties, who have their whole manner of the proceedings against them, together with their respective defences ready to represent unto your honours, and to grant unto them your indubitable justice (according to their late Petitionary, and still constant desires) whereby they may receive the sentence of this House, either for their present justification, or condemnation; that they may not be ruined and undone by an arbitrary and injustifiable Imprisonment. And if that, through the urgent affaires of the Kingdome, your occasions will not afford you so much time, as to consider and expediate their businesse at present: Our humble request is that you would by an order from this House, forthwith set them free out of prison; they giving legall security for their future forth comming, untill such time as time as your honours shall be pleased to hand out to them full and effectuall justice. And that you would be pleased, in case the principall informers and Actors be found guilty, to grant them full and ample reparations according to the Law of the Land. And further, that you would take care for the time to come, to free us and our children from the feare and prejudice of the like Arbitrary and Prerogative proceedings, according to your late promise in your most just declaration of the 17. of Aprill 1646. And your Petitioners as in duty bound shall ever pray, &c.

Instructions agreed upon as the sence of the Petitioners of Buckinghampshire and Hartford shire.

First, the persons imprisoned, Lieu, Col. Iohn Lilburne, Mr. Overton, his wife and Brother, Mr. Larners Brother and Maid, &c.

Secondly, by prerogative men, we mean such as sit to try Commoners, and are not elected by the free choice of the People, (viz. the House of Lords.)

Thirdly, By Arbitrary practises, we meane such as are contrary to the Law of the Kingdome.

As first, for any persons to try those that are not their Peers or Equalls: witnesse Magna Charta. C. 29 3. Ed. 1. 6. Sir Edward Cookes exposition of the 14. and 19. C. of Magna Charta, &c. (as the House of Lords have done some, and would have done all the above mentioned.)

Secondly, For any to imprison men for not answering to Interrogatories in Criminall Causes.

Wee must professe to all the world, we are in an amazement, and almost at a stand, when we consider that the House of Commons, who are chosen and betrusted by the people for no other end in the World, but to maintaine, preserve and defend their Lawes and liberties, and to redresse their mischieses and grievances, and to provide for their earthly happinesse and well-being book decl. 1. part. pag, 150. which they have so often sworne, vowed, protested, and declared to doe, that they should be so negligent in performing their trust and duty, and making good their Oathes, and Vowes, in not doing us justice and right, according to the Lawes of the Kingdome, (who have legally and formally, long since appealed to them for that end,) but suffer before their faces, the tyrannicall House of Lords, arbitrarily and illegally to destroy us; and to tread and trample vnder their feet, the lawes and liberties, of all the Commons of England, and so by consequence make us all Vassells and Slaves, to their tyrannicall lusts and wills.

But confidering that by natures principall, we are bound to the utmost of our power to preserve our selves, and to leave no wayes and meanes unattempted that tends thereunto, we cannot yet sit still, but goe on, and the rather because our Iudges to whom we have appealed to for justice, tell us in their Declaration of the 19. May 1642.1 part book, decl. pag. 207. That this law is as old as the Kingdome. That the Kingdome must not be without a meanes to preserve it selfe, the ground and reason of which Law, extends to the benefit of every particular individuall man in the Kingdome, whose destruction, contrary to the law of the Land is indeavoured by those that should preserve them, which is our case, as well as it was theirs, (in reference to the King) with whom we have to doe, and therefore we desire for the satisfying of all to whom this is directed, to declare out of their owne Declarations, their arguments against the King, when he ceased (as they say, pag. 580, 636.) to extend his legall protect on and justice to them; but this by the way, we must aver, that we are very confident the King is ten times more fortified, and hedged about with the Law of the Kingdome, then they are. Which we demonstrate thus, they are all as they call themselves, Subjects, and therefore though their priviledges be great, as they are Parliament men, yet they are (or at least ought to be) by their owne confession, subject to the severity of the Law, in cases of treason, felony and breach of the peace, 1 part book decl. pag. 48. 278. which is also averred by that able and learned Lawyer, Sir Edward Cook in his 2. par inst. chap of the high Court of Parliament, fol. 25. which booke is published by their owne speciall Order, but we read not in any of their Declarations, that they themselves aver any such thing of the King.

And therefore if by themselves, their arguments be esteemed just and sound against him for not doing his duty (who is much more fortified by law then themselves) then much more when they cease to doe their duty, and in practise destroy the lawes and liberties of the Kingdome, and subject the free men thereof to an Arbitrary and tyrannicall power, (which we aver they have done us) will their owne arguments serve and be sound and good against themselves.

Therefore we desire to declare unto you, that when they apprehended themselves in danger, they sent unto His Majestie the 31. Decem. 1641. book decl. 1 part pag. 44. and desire him that they may have a guard, in which message they have these words. They have therefore their recourse unto your Maiestie, most humbly beseeching you, that if it may stand with your good liking, if they provide for their owne safety, which the very Law of nature* and reason doth allow unto them, it is their humble desire, that they may have a guard out of the City of London, commanded by the Earle of Essex, Lord Chamberlaine of your Maiesties house-hold, of whose fidelity to your Maiestie and the Commonwealth, they have had large experience.

And in their Petition to his Maiestie about the Militia: 1. March 1641. book decl. 1. part pag. 92, 93, 94. after they have told his Majestie what danger they are in, for want of setling the Militia, they use these very words wherefore they are inforced in all humility to protest, that if your Maiestie shall persist in that denyall, the dangers and distempers of the Kingdome are such, as will indure no longer delay. But unlesse you shall be graciously pleased to assure them by these messengers, that you will speedily apply your royall assent to the satisfaction of their former desires, they shall be inforced, for the safety of your Maiesty and your Kingdomes, to dispose of the Militia, by the authority of both Houses, in such manner as hath been propounded to your Maiestie: and they resolve to doe it accordingly.

And a little below, they beseech his Maiestie to be informed by them, that by the Lawes of the Kingdome, the power of raising, ordering, and disposing of the Militia, within any City, Towne or other place, cannot be granted to any Corporation by Charter, or otherwise, without the authority and consent of* Parliament: and that those parts of the Kingdome which have put themselves into a posture of defence against the Common danger have therein done nothing but according to the Declaration and direction of both Houses, and what is iustifiable by the Lawes of the Kingdome.

And in their Declaration of the 19. May 1642. pag 202 they say, wee must maintain the ground of our feares, to be of that moment, that we cannot discharge the trust and duty which lyes upon us, unlesse we doe apply our selves to the use of those meanes, to which the Law hath inabled us in cases of this nature, (viz. to settle the Militia without, and against his consent) for the necessary defence of the Kingdome, and as his Maiesty doth gratiously declare, the Law shall be the measure of his power, so doe we most heartily professe, that we shall alwayes make it the rule of our obedience.

But O say wee! that you had not now forfeited all your credit by notoriously violating your never intended to be kept promises.

And in their Petition to the King about the businesse of Hall, pag 465. 466. they say we shall be ready to settle the Militia, in such way, as shall be honourable and safe for your Maiestie, most agreeable to the duty of Parliament, and effectuall for the good of the Kingdome, that the strength thereof be not imployed against it selfe. And we say we wish it may not, to the setting up of a tyranny of another nature, but worse then the former we groaned under. But we go on to their answer of the Kings positions, which answer is annexed to their great Declaration of the 2. Vo. 1642. where in the third answer pag. 726. they say, that we did and doe say, that a Parliament may dispose of any thing, wherein the King or any Subiect hath a right, in such way as that the Kingdome may not be in danger thereby, and that if the King, being humbly sought unto by his parliament, shall refuse to ioyne with them in such cases, the representative body of the Kingdome is not to sit still, and see the Kingdome perish before their eyes, and of this danger they are Iudges. Here may be an excellent argument drawn from the greater to the lesse, which will undeniably hold good against the Arbitrary and illegall practises of the Parliament, which we in our particulars groane under.

Now all these things considered, we hope it cannot be justly taken ill at our hands by the Parliament, nor by any rationall or understanding man in the Kingdome, though never so much devoted unto implicite, and blind Presbyterian, Synodian obedience, if we for our preservation shall tread in the Parliament steps, by appealing to the People against them, as they did against the King, especially considering they deale worse with us then ever he dealt with them, for he did not actually imprison their bodie, and thereby rob them of their liberties, trades, livelyhoods, and subsistance, and allow them nothing to live upon, and expose their whole families, (to the eye of reason to) an unavoydable, famishing and perishing condition; all and every of which, contrary to the law of the Land, justice, reason and conscience) they have actually with a great deale of Barbarous cruelty done to us, and like deafe Adders stop their cares against all our just cries and Petitions, and are worse then the unrighteous judge, whom no importunity will overcome, and will neither by the law of the land try us, nor allow us, as by law they ought, meanes to live upon, but keep us contrary to all law, equitie, justice, reason and conscience, in prison, to murther and destroy us, and wives and young infants. On! thou righteous and just iudge of all the world, arise, arise, and for thy owne glorious name sake, make bare and naked thy owne soveraign and almighty arme of justice, and visibly to the view of men, doe justice betwixt us, and punish in thine indignation, those of them or us, where the true and just cause of offence and guilt lyes in this particular controversie betwixt us; Oh thou that stilest thy selfe to be a God hearing prayer, and that heares the sighs and groanes of thy distrested ones, heare in Heaven and answer this supplication speedily for thy names sake.

But before we doe solemnly, seriously and actually appeale to the people, as of necessity, if by them we cannot injoy justice and right, and the benefit of the known and unrepealed lawes of the land which is all we crave or desire; (we both must and will: cost it hanging or burning or whatever it will) we desire from their owne words to make our way plaine before hand, and the more to leave them without excuse before God, and all our fellow Commons of England, seeing skin for skin, and all that a man hath, will he give for his life, lob 2.

And therefore in the first place, we must professe in their owne words, in their declaration to the States of Holland; pag 6, 7, that we have no other designe in the world, but not to be destroyed, and save our selves, Lawes, Liberties and freedomes, and let them not say, if we should formally appeale to the people, that we maliciously indeavpur to dissolve the whole frame and constitution of the civill policy and government of this Kingdome, into the originall Law of nature, by arraigning and condemning before the people, the High Court of Parliament, from whence legally there can be no appeale, we doe truly confeste (and owne) the Honourable House of Commons, (whose just interest we honour with all our hearts) to be to us the legall supreame power in the Kingdome, from whom we conceive in law we have no higher appeale, but if the house of Commons will not doe us iustice and right, and so discharge their trust and duty, but suffer the Lords contrary to the Law of the Land (which they have sworne to maintaine) to murther and destroy us, our wives and children, and by consequence the liberty of all the Commons of England, we cannot nor dare not, for feare of being traitorous and fellonious to our selves, sit still and willingly suffer our selves contrary to the good and just Lawes and constitutions of the Kingdome to be destroyed by the Lords; who in Law have no more power to commit our bodies to prison (being Commoners,) then we have to commit theirs.

Therefore, it is not we, but they themselves, that dissolve the legall frame and constitution of the civill policy and government of the Kingdome by suffering will and lust, but not law, to rule and governe us, and so reduce us into the originall Law of nature, for every man to preserve and defend himselfe the best he can, and therefore it must be so (for so it is) we in their owne words pag 690. say in Gods name let the people iudge every man within his owne breast, whether they or we are most guilty of the foresaid charge.

But we come to their owne words in their appealing to the people, and craving their aid and assistance to helpe to preserve them, against those that (they say) contrary to Law would have destroyed them, and we shall begin in the first place with the protestation which they made and tooke the 3. of May 1641 and by an Order of the 5. May 1641. give their approbation to the taking it by any Commoner of England. In the preamble of which, they spend much time to demonstrate, that there have beene and still is a strong indeavour by a Malignant party to subvert the fundameneall Lawes of England, &c. And to introduce the exercise of an arbitrary and tyrannicall government, and therefore they sweare and protest, they will maintaine the lawfull rights and liberties of the Subject, and every person that maketh this protestation, in what soever he shall doe in the lawfull pursuance of the same. And to my power, and as far as lawfully I may, I will oppose and by all good wayes and meanes indeavour to bring to condigne Punishment all such, whether Lords or Members of the House of Commons without exception) as shall, either by force, practice, counsels, plots, conspiracies, do any thing to the contrary, and by their Vote of the 30. of June, 1641. They say, that what person soever that will not take this protestation, is unfit to beare office in the Church or Common Wealth.

Now let us see what use they make of this protestation against the King, and we shall find in the first part book decl. p. 190, 191. The vote of the House of Commons in these words, Resolved upon the Question.

That this house doth declare, that if any person whatsoever shall arrest, or imprison the persons of the Lords and Gentlemen, or any of them: or any other of the Members of either house of Parliament, that shall be imployed in the service of both houses of Parliament, or shall offer violence to them, or any of them, for doing any thing in pursuance of the commands or instructions of both Houses, shall be held disturbers of the proceedings of Parliament, and publique enemies of the State, And that all persons* are bound by their Protestation to indeavour to bring them to condigne punishment. Another Order of the selfe same effect you may read pag 156. made by them 16 Aprill 1642.

And in their Declaration of 26. May 1642. pag. 278. speaking of the Kings proclaming Sir Iohn Hotham a Traytor, without due processe of Law, they “declare it not only a breach of the priviledge of Parliament, but a subvertion of the Subjects common right, yea, and such a breach of the Priviledge of Parliament, as that the very being thereof depends upon it: and therefore (say they) we no wayes doubt, but every one that hath taken the Protestation, will according to his solemn Vow and Oath defend it with his life and fortunes.

And in their Declaration of the 19 May 1642. pag. 214 speaking of the many difficulties that they are forced to incounter with in the discharg of their duty to the Kingdome, they say, “yet we doubt not, but we shall overcome all this at last, if the people suffer not themselves to be deluded with false and specious shewes, and so drawne to betray us to their owne undoing, who have ever been willing to hazzard the undoing of ourselves, has they might not be betrayed by our neglect of the trust reposed in us.

And in their small declaration of the beginning of August 1642. pag. 496, replying unto his Maiesties Answers to their propositions, they say, “And having received so sharp a returne such expressions of bitternesse, a justification and a vowed protection of Delinquents from the hand of Iustice, Demands of so apparent dangers, such manifestations of an intention to destroy us, and with us the whole Kingdome, (and this most clearly evidenced by their subsiquent actions, even since these propositions have been made unto us from his Maiestie, overtunning severall Countries, compelling the Trained Bands by force to come in and joyne with them, or disarming them, and putting their armes into the hands of leud and desparate persons, thereby turning the Armes of the Kingdome against it selfe) it be not fit for us, not only not to yeeld to what is required, but also to make further provison, for the preservation of ourselves, and of those who have sent us hither and intrusted us with all they have, Estates liberty and life, and that which is the life of their lives, their* Religion, and even for the safety of the Kings person now invironed by those who carrie him upon his own ruine, and the destruction of all his people: Atleast to give them warning, that all this, is in danger: That if the King may force this Parliament they may bid farewell to all Parliaments, from ever receiving good by them, and if Parliaments be lost, they are lost; their Lawes are lost, as well as those lately made, as in former times, all which will be cut in sunder, with the same sword now drawne for the distruction of this Parliament, Then if they will not come to helpe the Parliament, and save themselves, though both they and we must perish, yet have we discharged our conscience, and delivered our soules, and will looke for a reward in Heaven, should we be so ill requited upon Earth, by those of whom we have deserved; which we cannot feare, having found upon all occasions, such reall demonstrations, of their love and affection, and of their right understanding and apprehention of our and their common dangers.

And in their large Declaration of the 2. Novemb. 1642. pag. 699 speaking of his Majesties, charge in his Declaration, where he compares them to the Anabaptists mentioned in Mr. Hookers booke, they say, if ever God shall discover the foule Authors of so false a calumny, we doubt not but the Kingdome (that is the universallity of the people) will be very sensible of it, and esteeme that they can never doe themselves right,* but by bringing to condigne punishment, such persons as could find in their hearts to lay so vile an aspertion upon the Parliament, a name that alwayes hath, and we hope alwayes shall be of so great honour and reverence within this Kingdome.

And in the same Declaration, pag. 728. answering his Maiesties charge fixed upon them, of designing the ruine not only of his Maiesties person, but of Monarchy it selfe; And we appeale to all the world, (say they) whither worse words then these can be given us? And whether we may not justly expect the worst actions that the malice and power of the Malignant party about his Majestie can produce? And whether it be not high time for us to stand upon our defence, which nature teacheth* every man to provide for, and this Kingdome unlesse it be very unnaturall, and unmindfull of it selfe, cannot but afford to them whom it hath intrusted and by whom it is represented.

Now from all the forementioned authorities, and arguments of the Parliaments owne Declarations, we draw these conclusions (which naturally flow from them) first that all Majesteriall Power in England whatever, are but Offices of trust, and bound up with this limitation, to be executed for the good of the trusters.

Secondly that it is posible, that all or any, of the severall Majesteriall trustees may forfit their, or its trust.

Thirdly that in case of Forfiting the Majesterycall trust, the trusters (the people) are disobleged from their obedience and subjection, and may lawfully doe the best they can for their owne preservation; but if what hath beene said, be not fully cleare out of all doubt to prove the foresaid deducions. We wil only ad two more proofs at present of there own Authoryties which will put them all out of dispute the first is out of a late sheet of paper, newly Printed according to Order of Parliaments Intitled King Iames his Opinion and Iudgement concerning a Real King and a Tirant, extracted out of his owne speech to the Lords and Commons in Parliament at White-Hall. 1609.

A King (saith King Iames) in a setled Kingdome, binds himselfe to a double oath, to the observation of the fundamentall Lawes of his Kingdome, tacitly, as by being a King, and so bound to perfect, as well the People, as the Law of his Kingdome, and expresly by his oath at his Coranation. So as every just King in a setled Kingdom is bound to observe that Paction (or Covenant) made to his people by his lawes, inframing his government agreeable thereunto, according to that paction made with Noah, after the deluge (Gen. 9. 11.) therefore a King governing in a setled Kingdome, leaves to be a King, and degenerates into a Tyrant, as soon as he leaves of to rule according to his lawes; therefore all Kings that are not Tyrants or perjured will be glad to bound themselves within the Limits of their Laws, and they that perswade them the contrary, are Vipers & Pests, both against them & the Commonwealth, thus for King Iames out of which the Author of that sheet drawes nine inferences or conclusions, the oft of which is in these words. That a King governing in a setled Kingdome as the Kingdome of England is, leaves to be a King, so soone as he leaves of and failes to rule according to his Lawes. And so leaving of to be a King, the government on his part is infringed, so as the people are no longer his subiects to obey him in his lawlesse government then he is, their King governing them according to his Laws, to the same effect is his fixt conclusion, and in the last end of the seventh, he hath these words. That if Kings cease to be Kings, setting up an absolute tyranny over the People, to govern them no longer by the Lawes as free borne liege People, but lawlessly as vassells and slaves, then on the other side the people leaving to be subjects, doe owe them no more obedience, as being none of their Kings, but as usurping tyrants. For as a King turning Tyrant, practising tyranny under the name of prerogative, hath broken the bonds of the Kingdome: so the subjects owe him no more duty of liege people, except they will avow themselves his Slaves, and so betrayers of their own and the publique liberties, which ought to be more precious unto them then their lives and lands. Agam. 8 a King so degenerating into a Tyrant, is by the verdict of K. Iames departed a perjured man &c. & perjured men as they are odious to God, so they bring an execration upon a land, Za. 5. 3. 4. and if so then say we, wo, woe, woe, unto poore England, by reason of the perjuries or forswearing of the dissembling Lords and Commons at Westminster, that have laid aside the Law, and troden under their feet, the liberties of England. And the unreverend Dissembly of Divines, that rob Iesus Christ of his honour and glory, by justing him out of his regallity and Kingship given unto him by his Father, and yet take oathes themselves, and force other men to doe so too, to maintaine the Lawe, and liberties of the Kingdome, and to set up an Ecclesiasticall Church government according to the word of God, and yet set up nothing but a spirituall and temporall tyranny, and with a high hand indeavour the destruction of every man, that indeavours to keep them close to their violated oaths and Covenants, therefore whatsoever the author of the forementioned discourse avers of a King, when he seekes to governe according to his lawes, the same doe we aver of a Parliament, and Parliament-men, that when they cease to execute the end of their trust, which is as themselves say, to provide for the peoples weales, but not for their woes, and doe meerly indeavour to make themselves tyrants over the people, to governe them not by the established lawes, but by their lusts and wills they doe thereby make the people their vassels, and slaves, (as much as in them lyes) and thereby disobleidge the people to obey, stoop or submit, to any of their commands, but in the eye of God and all rationall men, may as justly resist and withstand them, and by force of Armes defend themselves against them, (as a company of forsworne men that have forfeited their Majesterial trusts, and are degenerated into the habits of tyrants) as they withstood, and by force of armes defended themselves against the King, for the further proofe of which in the second place, read their owne words 1. par.b. dec. pag. 156. which thus followes.

For it cannot be supposed that the Parliament would ever by Law intrust the King, with the Militia, against themselves, or the Common wealth, that in trusts them to provide for their weale, nor for their woe. So that when there is certain appearance or grounded suspition, that the letter of the law shall be improved, against the equity of it (that is, the publique good, whether of the body reall or representative) then the commander going against its equity, gives liberty to the commanded to refuse obedience to the letter, for the Law taken [Editor: illegible word] from its originall reason and end, is made a shell without a kernell, a shadow without a substance, and a body without a soule. It is the execution of Lawes, according to their equity and reason, which (as I may say) is the spirit that gives life to authority, the letter kills. Nor need this equity be expressed in the law, being so naturally implyed and supposed in all Lawes that are not meerly imperiall, from that Analogue which all bodies politick hold with the naturall, whence all government and governours borrow a proportionable respect; and therefore when the Militia of an Army is committed to the Generall, it is not with an expresse condition, that he shall not turne the mouthes of his Cannons against his own Soldiers, for that is so naturally and necessarily implyed, that it is needlesse to be expressed, in so much as if he did attempt, or command such a thing against the nature of his trust and place it did ipso facto [Editor: illegible word] the Army in a right of disobedience, except we thinke that obedience binds men to cut their owne throat, or at least their companions.

We shall at present leave the application to them whom it most concernes, and wait as patiently as we can to see the operation of it, which if it be not according to our expectation, we shall be necessicated to put some stronger pills into the next, and so at present conclude and rest.

From our Prerogative Captivity (for the Lawes and the publique liberties of all the Commons of England, against the tyranny and usurpation of the House of Peers) in the prisons of the Tower of London, and Newgate this last of Februa. 1646. Your faithfull and true Countrymen, though commonly (by the Scribes and Pharisees, Hypocrites of our present age) called Heretiques and Schismatiques, and Movers of sedition.
Iohn Lilburn. Richard Overton.

The publisher to the Reader.

Courteous Reader having here some spare roome, I iudge it convenient to fill it up with a notable petition delivered to the House of Commons, the 1. of March 1646. by young men, whose zeale and forwardnesse for their Countrys good, may be a shame to all the old men in the City, the Petition it selfe thus followeth.

To the High and Honourable the Knights, Citizens; and Burgesses, in the supreame Court of Parliament assembled, The Petition of divers Young men and Apprentices of the City of London, humbly

Sheweth,

THat out of the grounded confidence we have of the readinesse of this Honourable House, to heare and repaire the grievances of all those for whose well-fare you were chosen and betrusted to take care and provide; and being incouraged unto the same, by severall good*. Ordinances and Declarations, of your owne to that purpose.

Wee whose names are hereunto annexed, although the meanest members of this great Common Wealth; yet having by birth a right of subsistance, here conceive ourselves, (in our proportion) to have as reall an Interest in the Kingdomes enjoyments, as those who in respect of place or other accidents are above us: As also many of us, having under the direction of your Honourable grave Counsell and Guidance, freely adventured our lives, for the Preservation of our Native Rights, and the just Priviledges of our deare Country against the publique violaters of the same: upon these and other serious grounds, we are bold at this time to make our humble addresses to this Honourable and supream Court of Iudicature, (the only refuge under God we have to fly to) And in the first place we cannot but with all the thankfulnesse take notice of the unwearied paines, together with many great and almost intolerable difficulties by you undergone, in the faithfull discharge of your trust, in bringing about the establishment of a well grounded peace. The perfection of which (in relation to the common enemie) seemes now by the blessing of God to be brought neare to a wished period: yet the consumation of this worke being (as it were) the Crown of all our labours; we humbly conceive it may deservedly challenge from you a more then ordinary respect, which we doubt not but that your grave wisedomes are very sencible of: yet (noble Senators) let it seeme no presumption, if wee your poore Petitioners in all humility make knowne the grounds of some feares and iealousies to us apparent in this particular And those are (amongst other great grievances) chiefly derived from the present sence we have of the too much prevalency of that party who have dealt in the late wars, declared themselves disaffected to the peace & welfare of the Kingdome; who now seeme to be in hopes of obtaining that by policy, which they have not been able to doe by force. Cunningly contriving to aggravate and increase differences between the well affected party, and striving to bring an Odium upon all good men, under the distinction of severall tearmes of obloquie and disgrace by such subtle endeavours, labouring to avert the edge of justice from themselves, (who come deservedly under the stroke of it, and to turne it upon those who are most innocent. Strongly indeavouring (and have already affected it in part, to iustle all honest, faithfull, well affected men out of places of trust, office and authority, and to put in Newters, Ambodexters, or persons apparently disaffected: By all these meanes, together with the advantage of the Kingdomes present unsetledness) they seeme to be in a more then probable expectation of getting the reines once more in their owne hands, to the evident indangering, of the Common-wealths speedy ruine, and to the great griefe of your poore Petitioners, and all others who cordially desire the peace and safety of this distracted Kingdome. And further we are bold to make knowne (as more particularly relating to the condition of your Petitioners) That wheras, we [Editor: illegible word] being made free of the City, are injoyn’d by oath to maintaine the Liberties and Priviledges, of the same City; which notwithstanding we are in a great measure disabled to doe, by the intrusion of divers illegall and undue Customes and* Monopolies, (partly about the election and removall of our Magistrates) crept into the dimunition of the antient Liberties of this famous City, whose just immunities we are confident your honours have been and are very tender of.

Wherefore your Petitioners humbly pray, that this Honourable house taking into consideration the Premises, would be pleased by your mature Prudence and Care, to indeavour (as much as possibly you can) to take away all occasions of breaches between the well affected party. And that such as have in these late times of trouble, (by adventuring their lives or otherwise) approved themselves faithfull to their Countrys common good, may without respect to differences, no way prejudiciall to the Commonwealth, impartially injoy their Birth right, Priviledges, and be equally capable with others of the freedom to officiate in places of trust, which they are or shall be chosen unto. And on the contrary, that all these who have disfranchised themselves by Trayterously adhering to the enemy, may be disabled from bearing office, or voting in the Election of officers in the Common wealth, And we further crave, with submission to your Honours grave Approvements, that in regard of the Kingdomes present unsetlednesse, it may not be left destitute of a trusty and sufficient guard to secure it from intestine Broyles, and forraign Invasion. And as for your Petitioners more particular grievances, as they are members of this City; we humbly pray that you would be pleased by your Authority so to provide, that we, as we are or shall be capable of it, may be inabled to injoy the benefit of all ancient Charters and Grants, made and confirmed by severall Acts of Parliament,Especially the 4. Chart. of King Iohn. the Charter of Edw. 2. confirmed by Ed. 3. and his Counsell in Parliament. for the enlargement of our freedomes and Priviledges,, and that whatsoever hath been illegally intruded, may be taken away and made void. And lastly, as some have already desired, we likewise pray, that, if so small a thing may be worthy the intention of this grave and Honourable Assembly, you would be pleased to appoint sometimes of lawfull Recreations for servants, as your wisedomes shall thinke fit.

And your Petitioners, as they have many of them already, according to their duty, freely adventured their lives, and whatsoever was deare to them for the common safety of their Country so they still professe their readinesse, to give their best assistance to the suppressing all arbitrary and tyrannicall power: and to the upholding the fundamentall Rights and Liberties of the free-borne Englishmen, and the just Priviledges of this Honourable House against all that shall set themselves, in opposition of the same.

And be ever bound to pray, &c.

Whatsoever is contained in the Petition, the Subscribers will be ready to make good by particular instances, when they shall be lawfully called to the same.

Courteous Reader, whereas the former Impression was done in hast, there was 2. or 3. words misprinted, which are here mended, you are desired by these to correct those that come to your hand.

Die Lunæ 1 March. 1646.

A petition being stiled the humble petition of Divers Young men and Apprentices of the City of London was this day read, and it is ordered that Alderman Atkin, Col. Venn, and Mr. Vassell, doe from this House give the Petitioners thankes for the expression of their good affections, that they will take thier Petition into consideration in convenient time, and as for that businesse concerning dayes of relaxation is already under consideration and Committee.

Hen. Elsmge Cler. Par. Dom. Com.

And to fill up the sheet I shall desire the judicious Reader seriously to peruse that excellent petition of Ms. Lilburnes, delivered to the House of Commons, the 23. Sept. 1646. and then judge both in point of law; and matter of fact, betwixt the Lords and her husband, the petition thus followeth.

To the Chosen and betrusted Knights, Citizens, and Burgesses, assembled in the High and Supreame Court of Parliament.

The humble Petition of Elizabeth Lilburne, Wife to Lievt. Col Iohn Lilburne, who hath been for aboue eleven weekes by past, most unjustly divorsed from him, by the House of Lords, and their tyrannicall Officers, against the Law of God, and (as shee conceives) the Law of the Land

Sheweth.THat you only and alone, are chosen by the Commons of England to maintaine their Lawes and Liberties, and to doe them Iustice and Righta which you have often before God and the World sworne to doeb yea, and in divers of your Declarations declared, it is your duty (in regard of the trust reposed in you so to doec without any private aimes, personall respect or passions whatsoeverd and that you thinke nothing too good to be hazzarded in the discharge of your consciences for the obtaining of these end.e And that you will give up your selves to the uttermost of your power and judgement to maintaine truth, and conforme your selves to the will of God,f which is to doe Iustice andg right, and secure the persons, estates, and Liberties of all that joyned with you,h imprecating the Iudgements of Heaven to fill upon you, when you decline from these ends, you judging it the greatest scandall that can be laid upon you, that you either doe or intend to subvert the Lawes, Liberties, and Freedomes of the People,i which freedomes, &c. you your selves call, the COMMON BIRTH. RIGHT OF ENGLISH-MEN,k who are borne equally tree, and to whom the Law of the Land is an equall inheritance) and therefore you confesse in your Declaration of 23. October 1642l It is your duty to use your best indeavours, that the meanest of the Commonalty, may injoy their owne birth-right, freedome and liberty of the Lawes of the Land, being equally (as you say) intituled thereunto with the greatest subiect. The knowledge of which as comming from your owne mouthes and pen, imboldneth your Petitioner (with confidence) to make her humble addresses to you, and to put you in mind that her husband above two monethes agoe made his formall and legall Appeal to you against the injustice, and usurpation of the Lords acted upon him, which you received, read, committed, and promised him justice in, But as yet no report is made of his businesse, nor any reliefe or actuall Justice holden out unto him, although you have since found time to passe the Compositions and pardons, for the infranchising many of those that your selves have declared Traytors, and Enemies to the Kingdome, which is no small cause of sorrow to your Petitioner, and many others, that her Husband who hath ventured his life, and all that he had in the World, in your lowest condition for you, should be so slighted and disregarded by you, as though you had forgot the duty you owe to the Kingdome, and your many oathes, vowes, and Declarations, which neglect hath hastned the almost utter ruine of your Petitioner her husband and small children: For the Lords in a most Tyrannicall and Barbarous manner, (being incouraged by your neglect) have since committed her husband, for about three weekes close Prisoner to New-gate, locked him up in a little Roome, without the use of Pen, inke or paper for no other cause but for refusing to kneel at the Bar, of those, that by Law are none of his Iudges)m the cruell Iaylors all that time refusing, to let your Petitioner, or any of his friends, to set their feet over the threshold of his Chamber dore, or to come into the prison yard to speake with him, or to deliver unto his hands, either meat, drink, money, or any other necessaries, A most barbarous and illegall crueltie so much complained of by your selves in your Petition and Remonstrance to the King, 1. December 1641.n and detested and abhorred there, by you, as actions and cruelties being more the proper issues of Turkes, Pagans, Tyrants, and men without any knowledge of God, then of those that have the least sparke of christianity, honour or Iustice in their breasts, And then while they thus tyrannized over your Petitioners Husband, they command (as your Petitioner is informed) Mr. Seargeant Finch, Mr. Herne, Mr. Haile, Mr. Glover, to draw up a charge against your Petitioners Husband, without giving him the least notice in the world of it, to fit himselfe against the day of his Tryall but contrary to all law, justice and conscience, dealt worse with him then ever the Star Chamber did, not only in keeping his Lawyer from him, but even all manner of Counsellers and Friends, whatsoever, even at that time when they were about to try him, and then of a sudden sent a warrant for him to come to their Bar, (who had no legall authority over him) to heare his Charge read, where he found the Earle of Manchester his professed Enemy, and the only party (of a Lord) concerned in the businesse, to be his chiefe Iudge, contrary to that just Maxime of Law, that no man ought to be both party and Iudge, A practice which the unjust Star Chamber it selfe, in the dayes of its tyranny, did blush at, and refuse to practise, as was often seen in the Lord Coventries case &c.) And without any regard to the Earle of Manchesters impeachment (in your House) of Treachery to his Country, by Lieut Gen. Cromwell, which is commonly reported to be punctually and fully proved, and a Charge of a higher nature then the Earle of Straffords for which be lost his head. And which also renders him (so long as he stand, so impreached) uncapable, in any sence, of being a iudge. And a great wrong and injustice it is unto the Kingdome to permit him, and to himselfe, if innocent not to have had a legall tryall ere this, to his justification, or condemnation. And besides all this, because your Petitioners husband stood to his appeale, to your honours and would not betray Englands Liberties, which you have all of you sworne to preserve, maintaine and defend, they most arbitrarily, illegally and tyrannically sentenced your Petitioners said Husband to pay 4000 l. to the King (not to the State) for ever to be uncapable to beare any office in Church or common wealth, either Marshall or civil, and to lye seven yeares a prisoner in the extraordinary chargeable prison of the Tower, where he is in many particulars, as illegally dealt with all, as he was when he was in Newgate.

Now forasmuch as the Lords as they claime themselves to be a House of Peers, have no legall judgement about Commoners, that your Petitioner can heare of, but what is expressed in the Statute of the 14 Ed. 2. 5, which are, delayes of iustice, or error in judgement in inferior Courts only, and that with such limitations, and qualifications, as are there expressed, which are, that there shall be one Bishop at least, in the judgement, and an expresse Commission from the King for their medling with it. All which was wanting in the case of your Petitioners Husband, being begun and ended by themselves alone, and also seeing that by the 29. chap. of Magna Charta your Petitioners Husband, or any other commoner what soever, in criminal cases are not to be tryed otherwise then by their Peers, which Sir Edward Cooks, in his Exposition of Magna Charta, which book is printed by your owne speciall authority, saith, is meant Equals, folio 28 In which, saith he, fol. 29 are comprised Knights, Esquires, Gentlemen, Citizens, Yeomen, and Burgesses of severall degrees, but not Lords. And in pag 46. he saith No man shall be disseised, that is, put out of seison or dispossessed of his freehold, that is, such he, Lands or lively hoods, or of his liberties or free customes, that is, of such franchises, and freedomes, and free customes, as belong to him, by his free birth-right, unlesse it be by the lawfull judgement, that is verdict of his Equalls, that is, saith hee, of men of his owne condition: Or by the Law of the land, that, is to speake once for all, by the due course and processe of Law. And saith hee, No man shall be in any sort distroyed, unlesse it be by the verdict and judgement of his Peers, that is Equalls, or by the law of the land. And the Lords themselves in old time, did truly confesse: that for them to give judgement of a Commoner in a criminall case, is contrary to Law, as it cleere by the Parliaments Record in the case of Sir Simon de Hereford 4. Ed. 3. Rot. 2, the Copie of which is now in the hands of Mr. Henry Martin, and they there record it, that his case who was condemned by them for murthering King Edward 2. shall not be drawne in future time into president because it was contrary to Law, they being not his Peers, that is his Equalls. And forasmuch as the manner of their proceedings was contrary to all the formall wayes of the Law publiquely established by Parliaments in this Kingdome, as appeares by severall Statuteso which expressly say, that none shall be imprisoned nor put out of his freehold, not of his franchises nor free customes, unlesse it be by the Law of the land, and thus none shall he taken by Petition or Suggestion made to the King, or to his Counsell, unlesse it be by indictment or presentment of good and lawfull people of the same neighbourhood where such deeds be done, in due manner, or by processe made, by wait originall at the common law, Which Statutes are Nominally and express confirmed by the Petition of Right, by the act made this present Parliament for the abolishing the Star-chamber, and thereby all acts repeated that formerly were made in derogation of them. But contrary hereunto the lords (like those wicked Iustices spoken of by St. Edward Cooke, in stead of trying her Husband by the law of the Land, proceed against him by a partiall tryall, flowing from their Arbitrary will, pleasure, and different For though they summoned him up to their Bar. Jun. 10. 1646. to answer a change, yet they refused to shew it him, or give him a Copy of it, but committed him to New-gate Iune 11. 1646. (although he behaved him selfe then, with respect towards them, both in word and gesture, meerly for refusing to answer to their Spanish Inquisition-like. Interogations, and for delivering his legall Protestition. Their [Editor: illegible word] being is illegall as their summoning of him and their other proceedings with him. Their Commitment [Editor: illegible word] To be kept there not till he be delivered by due course of Law, but During their pleasure, which Sir Edward Cooke such is illegall, and then locked up close, that so he might be in [Editor: illegible word] impossibillity to understand how they intended to proceed against himpq.

*wWherefore your Petitioner humbly prayeth to grant unto her husband the benefit of the Law, and to admit him to your Bar himself, to plead his owne cause, if you be not satisfied in the manner of his proceedings, or else according to law, justice, and that duty and obligation that lieth upon you, forthwith to release him from his unjust imprisonment, and to restrain and prohibit the illegall and arbitrary proceedings of the lords, according to that sufficient power instated upon you, for the inabling you faithfully to discharge the trust reposed in you, and to vacuate this his illegall sentence and fine, and to give him just and honourable reparations from the Lords and all those that have unjustly executed their unjust command; it being a rule in Law and a maxime made use of by your selves in your declaration [Editor: illegible word] 1642.r that the Kings illegall commands, though accompanied with his presence doe not exeuse those that obey them, much lesse the Lords, with which the Law accordeth: and so was resolved by the Iudges, 16. Hon. 6,s And that you will legally and iudicially, examine the crimes of the Earle of Manchester, and Col. King, which your petitioners husband and others have so often complained to you off, and doe examplary iustice upon them, according to their deserts, or else according to law and iustice punish those (if any) that have falslyt complained of them. And that you would without further delay give us reliefe by doing us iustice,u All which she the rather defileth because his imprisonment in the Tower is extraordinary chargeable and insupportable, Although by right, and the custome of that place, his fees, chamber, & diet ought to be allowed him & paid out of the treasure of the Crown, having wasted and spent himselfe with almost six yeares attendance, and expectation upon your honours for justice and reparations against his barbarous sentence, &c. of the Star-Chamber, to his extraordinary charge and dammage, and yet never received a penny, and also lost divers hundreds of pounds, the yeare he was a prisoner in Oxford Castle for you, neither can he receive his Arrears (the price of his blood) for his faithfull service with the Earle of Manchester although he spent with him, much of his owne money, And the last yeare, by the unadvised meanes of some Members of this honourable House was committed prisoner for above 3 moneths, to his extraordinary charges and expences; and yet in conclusion, he was releast, and to this day knoweth not wherefore he was imprisoned, for which according to law and justice he ought to receive reparations, but he never yet had a penny, all which particulars being considered, doe render the condition of your petitioner, her husband and children to be very nigh ruine and destruction, unlesse your speedy and long expected justice prevent the same, which your Petitioner doth earnestly intreat at your hands as her wright, and that which in equity honour and conscience cannot be denyed her.

and as in duty bound, she shall ever pray, that your hearts may be kept upright, and thereby enabled timely and faithfully to discharge the duty you owe to to the Kingdome according to the great trust reposed in you, and so free your selves from giving cause to be iudged men that sicke your selves more then the publique good. Elizabeth Lilburn.

And to close up all, I shall desire the Reader to take a view of the particular ordinary fees that every compounder payes for the suing out his pardon. First, the ordinance is to be presented by the Chair-man of Goldsmiths hall committee of the House of Commons and there to be read, for passing of which these exorbitant fees are to be paid. To the Speaker of the House of Com. 5. l. to Mr. Hen Elsinge Clerk of the House of Com. 2. l. to the Sergeant at Armes, of the House of Com. 1, l. 10. s. to the inferior Clerks of Mr. Elsings office 10. s. to the Sergeants Clerke 5, s. and to other officers there 5, s. To the Clerk of the Lords House, and Gentleman Vsher of the black Rod, &c. 12. I. To Mr. Soliciter, St. Iohn of the Commissioners of the Great Seale 14. l. the total of which is 35 l. 10. s. and it hath been credibly reported that above a yeare agoe there was above threescore 1000. Delinquents had entered their names for composition at Goldsmiths hall, of whom if there be twenty thousand that hath actually compounded, or intends to doe it, the very fees of them comes to above 700000 l, which goes into the forementioned officers pockets, the Speakers share at 5. l. a man, is 100000. l. ‘and Mr. Solicitors, St. Iohns at five l. a man as much, surely if such large fleece of Money can be put into particular pockets. England shall not be free of Delinquents enough, principally so made, to make particular men rich. But besides all this, the Speakers place as Speaker, and Mr. of the Rowles, and halfe Keeper of the Great Seale, it not easily to be computed, of whom, &c. it may truly be said they have not lesse then the annuall revenue of petty princes, and therefore it becomes them to keep the people in bondage, least they should overthrow their unfadomable, unjust gettings

FINIS.

T.59 (3.3) William Walwyn, A Whisper in the Eare of Mr. Thomas Edwards (13 March 1646).

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ID Number

T.59 [1646.03.13] (3.3) William Walwyn, A Whisper in the Eare of Mr. Thomas Edwards Minister (13 March 1646).

Full title

William Walwyn, A Whisper in the Eare of Mr. Thomas Edwards Minister. By William Walwyn marchant. Occasioned by his mentioning of him reproachfully, in his late pernitious booke, justly entitled the Gangrana.

Micah. 7.2. The good man is perished out of the earth, and there is none righteous among men : they all lie in wait for blood: every man huntesth his brother with a net.

London, Printed according to Order, by Thomas Paine, for William Ley, at Pauls-Chaine, 1646.

Estimated date of publication

13 March 1646.

Thomason Tracts Catalog information

TT1, p. 426; E. 328. (2.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

SIR, Your extream fury in driving on a work wherein no charitable well minded Christian takes any comfort, but rather an abundance of griefe, hath made me to conclude, that you are quite deaf on the right Christian care; deaf to all that is good: a man (I fear) altogether without Conscience, or sence of goodnesse: and that you have the use of hearing only on the left side of Machiavilian policy: just as Demetrius the silversmith, that opposed not the doctrine of Christ out of zeale to the Goddesse Diana as he pretended: nor out of any hatred to that doctrine, but as it tended to the losse of his craft and gain: even so you, (as I verily fear) do not indeavour to make odious the severall doctrines and practices of conscienscious people, out of true zeal to any thing you apprehend as truth; or out of hatred to any thing you apprehend as error: but because the doctrines and practices of those you term independents, Brownists, Anabaptists, Antinomians, and Seekers: do all tend to the losse of your craft and gain: in that they all disallow of tythes, as ceremonious and popish, and all contracted for, or enforced maintenance for ministers under the Gospel, as disagreeing to the rule thereof: nay you have further cause against them, for they spoile you not onely of your gaine, but of your glory and domination, things dearer to you then your life: of your glory, in denying your ministry to be successive from the Apostles: of your domination, by denying unto you any more authority to judge of doctrines or discipline, then any other sort of Christian men: and to speak truly, these are sore temptations to such worldly minds as yours, who in your hopes had made your selves sure of the greatest part of all that was taken from the Prelats, and thereby of a foundation of advancing the honour, and splendour, and profit of the Clergy once more in this Nation: It is confest that such provocations as these have not onely produced such reviling accusations, as you bring against conscientious well minded people, but a subversion of the calumniators: as it befell the late Prelats, whose railing, reviling, and molesting of the harmelesse faithfull puritan, under pretence of herisie, schisme, faction, sedition, and the like, being all contrary to every mans knowledge and experience of them: the issue was, the utter extirpation of their calumniators: and that so lately, as might be a warning to you, and such politique worldly men as you are; but that it is (through the wisdom and justice of God) the fate of policy and politique men not to be warned by other mens judgements, but to trust so much to the strength of their braines, that they fear not to trace those very steps that gradatim brought the last Arch bishop to the block, making no conscience of vexing, disgraceing, and undoing of any man, nay thousands of men and families, standing twixt them and their unjust ends: and this too so madly and rashly, as to make themselves adversaries of such, as really aimed at their good, and to preserve them from those precipitations their folly and malice labours to hasten. And this is your case with me, for I am confident and well assured, that amongst all those whom in this your frantick booke you have named, there is not one that opposed your waies more out of love, and seriously for your good, then I have done: for what ever you through want of an experimentall knowledge of me, or upon misreport may judge of me, I am one that do truly and heartily love all mankind, it being the unfeigned desire of my soul, that all men might be saved, and come to the knowledge of the truth, it is my extream grief that any man is afflicted, molested, or punished, and cannot but most earnestly wish, that all occasion were taken away: there is no man weake, but I would strengthen: nor ignorant, but I would informe: nor erronious, but I would rectifie, nor vidous, but I would reclaim, nor cruel, but I would moderate and reduce to clemency: I am as much grieved that any man should be so unhappy as to be cruel or unjust, as that any man should suffer by cruelty or injustice: and if I could I would preserve from both; and however I am mistaken, it is from this disposition in me, that I have engaged my self in any publick affairs, and from no other, which my manner of proceeding in every particular busines wherein I have in any measure appeared, will sufficiently evince, to all that have without partiallity observed me: I never proposed any man for my enemy, but injustice, oppression, innovation, arbitrary power, and cruelty, where ever I found them I ever opposed my self against them; but so, as to destroy the evil, but to preserve the person: and therefore all the war I have made (other then what my voluntary and necessary contribution hath maintained, which I wish ten thousand times more then my ability, so really am I affected with the Parliaments just cause for the common freedom of this Nation) I say all the war I have made, hath been to get victory on the understandings of men: accompting it a more worthy and profitable labour to beget friends to the cause I loved, rather then to molest mens persons, or confiscate estates: and how many true and thorow converts have been made through my endeavours: you tempt me to boast, were I addicted to such a vanity, or were I not better pleased with the conscience of so doing. Before this Parliament I was of full years to be sensible of the oppression of the times, being now forty five years of age, having accustomed my self to all kinds of good reading, and to the consideration of all things; but so, as for a long time I took not boldnesse to judge, but upon the approbation of some authors and teachers that had captivated my understanding both in things morall, politique, and religious: in the last of which, being very serious and sincere in my application of things to my own conscience, my grounds being bad, though much applauded, I found much disconsolation therein, great uncertainty, and at last extream affliction of mind, the law and Gospel fighting for victory in me, in which conflict, the Scriptures were taken in more singly, and void of glosse, to my assistance, by the cleare light whereof, I saw the enemies I feared vanquished, which wrought a real thankfulnes in me towards Christ, which increased with the increasings of faith: insomuch as I set my self daily more and more to do his will: and that in a more publick way then formerly: Whereupon an occasion being offered by this honourable Parliament, our minister and parish (James Garlick-hill London) being quite out of order: I, with others, moved for reformation, in doing whereof, how I laboured to have preserved the continuance and well being of our minister: himself, and the ancient that opposed our endeavours, I presume will testifie, but if they should not, there is enow that will, but he was a man that trusted to policy, which in the end failed him: our next indeavours were for the whole ward, wherein after much labour, we so prevailed, that the well affected carryed the choice of Alderman and common councell men, and all other officers in the Ward: my next publike businesse was with many others, in a remonstrance to the Common Councell, to move the Parliament to confirm certain infallible maximes of free Government: wherein the power of Parliament was plainly distinguished from the Kings Office, so plainly, that had it taken effect: few men after due consideration thereof, would through error of judgement have taken part against the Parliament, or have befriended arbitrary power, as too too many did for want of light, but it was stifled in the birth. I was also interrested in all the proceedings of Salters hall, whence much good issued to the whole City and Kingdom; where I beleeve it will be testified by all, I was never heard or observed to propose or second a bad motion, nor far short of any in prosecution of any thing that was good: and when the common enemy was at the highest, and the Parliaments forces at the lowest, I with many others petitioned the Parliament for the generall raising and arming of all the well affected in the Kingdom, and though that also took not its proper effect, and came not to perfection: yet it mated the common enemy, and set all wheels at work at home, was the spring of more powerfull motions and good successes: God so ordering things that no man moves for good, but good in one kind or other comes thereof: and in all that I have at any time done, I ever associated my self with persons of known good affections to Parliament and Common-wealth: that it is my extream wonder that any well-affected person should affirm me to be a man dangerous: I have never shunned the light, all that I have had a hand in hath come to the publick view and touch, and truly there hath not been a just thing promoted or endeavoured to be promoted, that ever I was absent from, if I had a call thereunto: and whereas I have addicted my selfe to know and understand all the severall doctrines and waies of worship that are extant, and for that end have taken liberty to hear and to observe all: it is that I might be able to judge rightly of their differences, to vindicate them when they are wronged: and to advise them for their good: in doing whereof, I have gained much good, there being not any (how light esteeme soever you make of them) but have somthing worthy the observation: and this I must testify for all sorts of them, they are a people the most ready to render love for love, that ever I met withall: and not apt to render evil for evil: they are all universally faithfull to the Parliament, friends to all just government, and enemies to all unjust: but yet there is not any thing I have observed that hath prevailed with me to disclaim the publike ministry, or the parochial congregations & I have yet some hopes to see them reduced into such a condition, as that all things thereunto belonging, may without difficulty be justified: but though I am not in fellowship with those good people you call sectaries, yet I joyn heart and hand with them in any thing that I judge to be right: and tending to the publike good: and love them as heartily as those that are one with me in judgement: sometimes I contest with them somewhat vehemently in arguing, but it is as I conceive for truth, and for their good: and they take it so, and bear with me as I with them: and we meet and part in love, as becometh Christians, nor doth this hinder, but that when any difference befalleth betweene them and the publick ministers, but that I judge as clearly in such cases, as if I had no difference with them, for I esteem it a high part of true religion to promote common justice: and not to be a respecter of persons in judgement, wherein the Scripture is my rule: and that being on their side, I should take part with them therein against my father, minister, or the dearest friend I have in the world: and from hence it is, that when the question is about liberty of Conscience, the Scripture tells me, every one ought to be fully perswaded in his own mind, and that whatsoever is not of faith, is sin: it tells me I must doe as I would be done unto: I would not be enforced to the Parish Congregations, then I must not force them to them, or from their owne: God onely perswades the heart: compulsion and enforcement may make a confused masse of dissembling hypocrites, not a Congregation of beleevers, that seeing our Saviour reproached not those that denyed the resurrection, angels and spirits, nay Joh. 12: 47, 48. &c. he saith plainly (and that by authority from heaven, v 49), He that refuseth me, and receiveth not my words, hath one that judgeth him: the word that I have spoken, it shall judge him in the last day. Also in Luke the 9: 54, 55, 56. Insomuch as I see no more warrant now to reproach or punish any man for Religion, but rather that we are all bound in peace and love to reclaime our brother from what wee judge an error in his way: wherein the best and most knowing amongst men in our daies, may be mistaken; being all liable to take truth for error, and error for truth, and therefore there is no cause of strife or compulsion, except for mastery: then which (as I conceive) nothing is more unchristian, neverthelesse I may see a necessary use of a publick ministry, and parish Congregations, and it is my work to perswade others therein, and not to speak reproachfully thereof, as they would not have their way reproached: but then when the question is concerning a maintenance for these publick ministers: and that any shall insist for tythes, or an enforced maintenance, truly in this case the Scripture manifesting to my understanding, tythes to be ceremoniall and Jewish, and sa to cease at the comming of Christ: and that to enforce or enjoyn a maintenance though under anv other notion, is as I apprehend contrary to the rule and practice of the Apostles, how is it possible but I must adhere to them therein: but then that our publick ministers should have no maintenance, therein I wholy dissent, and as it hath been my endeavour to assist the one party to avoid the molestation of their consciences in tythes, & all enforced contributions so have I often proposed a way for the maintenance of the publick ministers, more certain, more quiet for themselves, and lesse irksome to the people, lesse disturbant to the Common-wealth: and thus you may see how through misinformation: you have taken me for an enimy, that have alwaies approved my self your reall friend in all things I apprehended just: and thus you may see how dangerous a man I have been that in all these publick differences have done no man hurt by word or deed: nay at all the meetings I have frequented, whether at Salters hall, the wind mill, or else where, I never heard any man named reproachfully, but I openly shewed the unfitnes thereof: alwaies advising that if any man had ought against any particular person, that he should make it known to those that by law had a right to take notice thereof, and that we should be very cautious in thinking evil of any man upon report and hearsay, especially of any in authority: The truth is, I have been and am of opinion, that it is not good for the Common-wealth, that the ministers should have any power or jurisdiction put into their hands, or that it were good for the ministers themselves, the same having so often proved their ruine, and the disturbance of the people, but do conceive it more safe for them, and more for the quiet of the people, that they be freed from all other employments, except preaching and administring the publick worship of God, according as the Parliament shall ordain, for I look upon you as ministers ordained by the State, and so are to do as they conceive is most agreeable to the word of God, and most beneficiall to the generallity of the people: in setling whereof, you may advise, but are not to urge or be importunate for more power then they see good, and it lesse beseems you to grow passionate, and to move others to be importunate, and by preaching and printing to labour to make their faithfull friends odious unto them, and to magnifie your desires, above their own intentions, and so to beget emulations and parties, threaten judgements and desertions, and turning the scriptures against them and all others that oppose or fulfill not your will, as if they were opposers of the will of God, which you take upon you to know, with the same confidence as the bishops and prelates did, and in the very same manner, and application of Scripture. No interpretation was good but theirs, no ministers the ministers of Christ, but whom they ordeyned by imposition of hands, no government, discipline, or worship, agreeable to the Scriptures, but theirs, no opinion found, but what they allowed, all were sectaries and hereticks, whom they pleased so to denominate: those that opposed them were seditious: disturbers of the peace, a viperous brood, enemies to the state, and subverters of all order and government, and by all means to be extirpated: if any pleaded conscience, they conclude them obstinate, and thus it is with you expresly, so as Mr. Edwards his Gangraena, is indeed but a new edition of Prelaticall doctrine, with some additions appliable to the present times, and his Clergies immediate interest: but trust me, this is extreamly prejudidall to your party, for there is no moderate Presbyterian that can excuse this, and hath beene a hindrance to me in arguing for a publick ministry, besides you soar so high in daring expressions, as if you presumed upon some other way of obtaining your desires, then by allowance of Parliament, which may loose you many friends there, and occasion them to think they have through a mistaken compassion, fostered a frozen snake in their bosomes, that no sooner finds heat and strength, but falls into his serpentine hissing, and stinging his preserver, you have also lost many of your friends abroad, by this unchristian nominating men and women in your Gangraena, and many more you will loose, when they shall consider that you have not taken the known Gospel way of first admonishing of them, but upon bare report, as it were to post them reproachfully to the view of the world, they cannot deem this as the proceeding of a minister of Christ, but rather as a violent hast to do your owne work: trust me, I cannot but impute the great abatement of your sect, the falling from you of so many judicious persons, and the daily great increase of other sects, to no one thing more, then to your inconsiderate rashnes, violent railing, and adventuring on unheard of waies to compasse your ends, for when I have prevailed with some (through debate and argument) to come to our publike Churches, and to hear your sermons, they have found there such abundance of passion, sweat, and labour, not to beget children unto Christ, by preaching the sincere Gospel of Christ, but to revile and reproach, and make odious conscientious well affected people, because of difference in judgement, whereby they have been much discouraged from frequenting those places, affirming that all the accusations you bring against others, are expresly and visibly due to your selves if but indifferently weighed: as where you charge others with pride, ambition, covetuousnes, effeminacy, obstinacy, cruelty, delicacy of pallate, and the like; they have demanded of me with a positive vehemency, whether these were not to be found in you, rather then in those you have condemned for those vices, blaming me very much for going about to excuse the same, insomuch as I verily beleeve, you have no enemy like your self, and am perswaded if you would forsake all corrupt interests, and would consciensciously set your selfe to do the worke of Christ, to labour in his word and Gospel, out of a pure mind, and not for filthy lucre, if you would make it evident by your actions, that you seek not ours, but to win us to God, that you would thereby prevaile more in one halfe year towards your owne comfortable establishment, then you shall in an age by all your by-waies and policies, therefore leave them, and betake your self to the work of Christ, whilst it is called to day: the night of ignorance I presume is past with you: O that truth and this my plain dealing might beget or awaken Conscience in you, and provoke you to cast of the works of darknes, and to put on the armour of light, and henceforth to walk honestly, and not in strife and envying, but to walk in love as Christ hath loved nor is it meet you should esteeme your self a Christian, untill you find your soul possessed with the spirit of true Christian love, which doth no evil to his neighbour, and therefore is the fulfilling of the Law. What though you could prevail (as you endeavour) to work the ruine of all that oppose your judgement or ends? Would it be peace in the latter end? no, assure your self it would be a sulphurious bitternesse and horror of conscience, and therefore sit downe and seriously consider what you are resolved to do, weigh your intentions in the even scales of love, touch and prove them with the touch-stone of love, if you would be esteemed a disciple of Christ, it must bee knowne by love: now love suffereth long, and is kind; boasteth not it self, is not puffed up, doth not behave it seife unseemly, seeketh not her owne, is not provoked to anger, it thinketh not evil, it rejoyceth not in iniquity, but rejoyceth in the truth: beareth all things, beleeveth all things, hopeth all things, endureth all things, this is that I would ever whisper in your ear, this being a balsame that often, and well rub’d in, may Cure your Gangraen, and though at first your distemper may cause you to loath it, yet take a little and a little of it, use inwardly and outwardly, constantly, and you will find your disposition to alter and change from one degree unto another, until you come to be a strong and healthfull Christian: of Saul a persecutor, you will become Paul a preacher of peace and reconciliation by Jesus Christ, and bee able to lay down your life for those Brethren you have so much dispised: then will you do as you would be done unto, and in all things disputable allow every one to be fully perswaded in their own minds, and then you will bee sencible, that whatsoever is not of faith is sinne: you will acknowledge it is God only that can perswade the heart, and (doing your duty) patiently waite his leisure for the conversion of your Brethren: the same mind and meeknes will bee in you, as was in Christ Jesus, and you will be mercifull as our heavenly Father is mercifull: you will not break the bruised reed, nor quench the smoaking flax; then you will see what pure religion and undefiled before God, even the Father, is: you will feed the hungry, cloath the naked, visit the sick, relieve the prisoner, deliver the captive, and set the oppressed free, especially the oppressed for Conscience sake: you will then see error in judgement or misapprehension in worship, to bee but a mote in your brothers eye, compared to a persecuting or molesting, or the reproaching beame in your owne: in a word, would you seriously set your selfe to the studdy and practice of love, you would againe fill your Churches, and without the help of Jewish Tythes, or any unchristian or forced maintenance, preaching the Gospel, would live comfortably of the Gospel and draw all men after you.

As for those blemishes you labour by your Gangreen to stick upon mee, I beleeve your labour will be lost, except in the opinion of such as know me not: but to acquit my selfe farther, and to free them from prejudice, to what I have said I add thus much more.

In your 96. page, you have me in these uncharitable expressions, one Mr. Walwyn a seeker, and a dangerous man, a strong head: truely in the mind you were in, when you wrote this Gangreen, I am heartily glad I appeared not worthy of your Commendations, certainly you have been extreamly covetous of informations, you seeme to have suckt them in with greedinesse, and swallowed them without chewing; tis pitty an evil intent should be better served; your informations to my knowledge of many particulars as that of Mr. Lilburnes and others, and my self, have been such to you, as if they had been made of purpose to shame you to all the world, I a seeker, good now; whose your author? Am I one because I know many, and have been amongst them often, that I might know them fully; so have I been with all other judgements, but I carry with mee in all places a Touch-stone that tryeth all things, and labours to hold nothing but what upon plain grounds appeareth good and usefull: I abandon all nicities and uselesse things: my manner is in all disputes reasonings and discourses, to enquire what is the use: and if I find it not very materiall, I abandon it, there are plain usefull doctrines sufficient to give peace to my mind: direction and comfort to my life: and to draw all men to a consideration of things evidently usefull, hath been a speciall cause that I have applyed my selfe in a friendly manner unto all: but hence it is that some have said I am a great Anabaptist, others (upon as good ground) a great Antinomian: and you a seeker: mistake me not, I do not esteeme these as names of reproach, no more then to be called Presbyterian or Independent; nor doe I take upon me peremptorily to determine what is truth, and what is error, amongst any of them: all have a possibility of error: I judge all Conscienscious, and to hold their severall judgements upon grounds of scripture: to them appearing, and so long cannot but hold them: and why any should controule another, I cannot disceme: had I all the power or strength in the World at my disposing, in cases of religion I conceive I should sinne, if I should do more then in a loving way offer my argument, and gently perswade to what I conceive is both evidently true, and really usefull: and thus have I done amongst those my loving friends, whom you judge seekers: for though I do fully assent with them that now in these times there is no such ministry as the Apostles were, endowed with immediate power from on high, by imposition of whose hands, the Holy Ghost was conferred, enabling to speak with tongues, and do miracles, in a most wonderfull manner, and to speake to all men, the infallible word of God: and that convincingly to the Consciences of gain-sayers: yet am I not thereby of opinion that we may not make use of those things they have left unto us in the scriptures of the mind and will of God; or that it is not profitable to follow their examples so far as we are able in all things, for what though the effects are now weake, in comparison of theirs, yet are they such as bring great satisfaction with them: I have often perswaded with them that they should not reject what they may with much comfort make use of, because they cannot find what they seek, & for ought I know are not like to find in this world: see now what a seeker you have found of me: I once heard you at Christ-Church, which few seekers will do, but never but once, for I was not so blind a seeker, as to seek for Grapes of thornes, or Figgs of thistles: and why I pray you a dangerous man? indeed, by some reall dangerous men, I have been accounted so some whereof are falne into the snare they laid for all the well affected in this City; but that ever I was accounted so by any that conversed with me, that was a knowing well-affected man, I do not beleeve, and I beleeve I could produce thousands of knowing well-affected persons, that if they heare I am engaged, and doe appeare in any publick businesse, though they know no title thereof, will adventure odds; it is both just and necessary, and therefore you incline me to beleeve that you labour for beliefe onely amongst the weake, ignorant, rash, or ill affected people, with whom Credit and repute is not worth the having: well, your last appellation you bestow upon me is a strong head, and what would you have understood by this? Would you have your disciples stand aloof and not dare to hold discourse with me, lest I should open your designes, and make it appeare how much it concerns your corrupt interrest to keep their heads in ignorance and a superstitious weaknesse: is it because I know whose maxim, this is Rustica gens, optima Flens, pessima ridens: Is it because my hearing is so good as not to bee perverted by Closing doctrines, or because my smelling serves my turne to smell a Fox, or Wolfe, though in Sheeps clothing, or is my seeing so strong that it dispels the magick mists of sophisticated art: or is it because my taste discerneth the brackishnesse of flattery, from the pure sweetnesse of plain dealing: or do you mean head strong, because I am not likely nor could ever be drawn to dance after your Pipe.

Doubtlesse these are the causes that any strong head troubles you: neverthelesse, as strong as it is, you see a small knock from your hard hand hath so opened it, that I can hardly shut it again, but lie shut it presently, onely thus much, I cannot see how authority can passe over this unparaleld use of the presse which you have taken, to name in publike so many of their faithfull adherents in so reproachfull a manner, to tax their proceedings in the proceedings of their Committees, to affirme and declare to all the world, that the victorious successes of the Parliaments forces, is but the increase of errors and herisies, that sectaries of all sorts get places of profit and power, and be the men all in request for offices and employments: in the which, you make your self the judge of what is error and herisie, and who is a sectary: in all which you are as likely to be mistaken as any man: for none are such in your calender, but such (as at first I told you) who stand twixt you and your profit, glory and domination: so as a man may be a reall good Christian, and a most cordiall friend to the Parliament, and neverthelesse be exploded by you for a sectary, or an heretick: one thing more, you, and such as you are (if you be not changed since you wrote your Gangraena, as I heartily wish you were) doe extreamly abuse this Nation, in laying the main weight of the reformation (intended) upon the reduceing of mens judgements and practice in Religion to union and uniformity, whereas the main weight of all resteth, in extirpating the popish prelaticall spirit of persecution and molestation for conscience: as the main thing that oppressed all sorts of conscientious people before the Parliament, and since; and that which cannot fail to disturbe and vex any nation where it remaineth, but the truth is, without it you cannot keep your self aloft: without it you cannot compell a maintenance: distinguish a Clergy, nor have power over mens persons by their consciences, but grant you the power you desire, and you are master of all, and then see who dares open his mouth, or move his pen in this argument: your present confidence proceeds from the mist you have raised, but it is not yet thick enough, nor will our english braynes prove so muddy as to afford matter for thickning, I beleeve and hope it is now at thickest, and when your hopes are greatest, you will find your self in a fogge: to hold men in ignorance or bondage is not a work either for honest men or good Christians, but abhorred by both, and beleeve it, truth is become too strong to admit of either in this age: and we trust the honourable Parliament that are chosen to preserve us from both, will not fail to preserve us, though you should do the worst you can, and whereas you commend them to the love of God and his truth, and the hating of all sects and schismes, I in all humility and true love to all that honour God, and desire the welfare of England, do most heartily pray, that they may hate all persecuting sects with a perfect hatred: all enforcing and compulsive schismaticks, as the onely cause of all trouble and distraction.

To conclude, If you be so ill as your word, and bring forth such evill fruit once every month, and that we whose names you have blasted, can find a licencer, (as we hope we shall) that will do but so much for Christ, as yours hath done for B. We shall I doubt not, find a new way of innocculation, and produce grapes out of your thorns, and figges out of your thistles, and fetch abundance of good out of your evil: but more happy will it be for you if you repent, (once a month shall I say) once every houre, and in token thereof, use your uttermost indeavour to promote this or the like petition to the honourable Parliament, whereby you will make some amends for the evill you have done by this your book.

William Walwyn
Walwyn, William
Humbly sheweth,

That as with all thankfulnes we acknowledge your unwearied labours to remove the grievances and dangers of the Common wealth, so are we exceedingly grieved to observe the manifold unexpected difficulties which at severall times have obstructed your proceedings, amongst which we conceive the differences in Religion to be the greatest, and of most importance.

In your considerations whereof, being an affair of so tender a nature, so apt to be mis-understood, and such as hath miscarried in all former Parliaments, to the great disturbance of this Nation, and to the great affliction of conscientious people, we humbly conceive you have not in any thing shewed greater regard to the glory of God or greater care of the welfare of the people, then in proceeding therein with so cautious and advised a deliberation: giving time and opportunity to your wisedoms, rightly to understand the word of God in that point which most concerneth tender consciences, to hear, try and examine all that can or may be said or writ thereof, and we trust you will in the end produce that which shall be agreeable to the will and mind of God, and to the quiet of all wel-affected people.

And although your progresse therein hath not been with so much speed, or such severity towards tender Consciences, as some importunely have desired, yet have we good cause to beleeve that you have been guided therein by the good hand of God, who in due time will (we doubt not) bring you to such an issue, as neither your selves, nor any others (well minded) shall have cause to repent, or ever to alter.

And therefore we most earnestly intreat that you will not through any importunity be induced to hasten your proceedings in this weighty cause (wherein least error may prove very prejudiciall) beyond what upon your mature deliberation shall appeare to be just and necessary: there being as we humbly conceive, no greater breach of the priviledge or abatement of the power of Parliament, then for any to do more then humbly to informe or advise you in this, or any other negotiation.

Blessed be God though the differences are many in point of judgement throughout your quarters, as they have been alwaies throughout the world, and will be so long as knowledge is imperfect: yet being amongst consdonable, quiet, well-affected people, they are not properly to be called divisions,

And though we cannot but fear there are some wicked Polititians that endeavour by all means to make them such, and thereby to distemper and distract all your undertakings, and to make the same advantagious to their unjust ends, yet are we confident (through Gods protection) their endeavours shall be fruitlesse (except to draw confusion on themselves) God having blessed the people in generall with a cooler spirit, and greater wisdom, then by dividing among themselves, or not adhering unto you, to become a prey to any enemy; and hath produced universally in them, as in us your humble Petitioners, a resolution to defend the just power and priviledge of this honourable House, against all delusion or opposition whatsoever, to the last penny of our estates, or last drop of our bloods, beseeching you to go on with the same caution and godly resolution, to perfect those just works you have undertaken, according as God shall direct you, both for the manner and the season: for his way is best, and his time most seasonable.

And as in duty bound, we shall ever pray, &c.

To conclude, if you shall do this conscionably and effectually, I am confident henceforward you will not be able to do any thing against the truth, but for the truth which is the unfeigned desire of him who cannot but earnestly desire your reformation, and eternall happinesse:

William Walwyn
FINIS

LONDON, Printed according to Order, by Thomas Paine, for William Ley, at Paules-Chaine, 1646


T.60 (3.4) William Walwyn, A Word More to Mr. Thomas Edwards (19 March 1646).

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T.60 [1646.03.19] (3.4) William Walwyn, A Word More to Mr. Thomas Edwards Minister (19 March 1646).

Full title

William Walwyn, A Word More to Mr. Thomas Edwards Minister, by William Walwyn Marchant. Concerning the Nationall Covenant.

Judge not according to appearance, but judge righteous judgement.

London, Printed according to order, by Thomas Paine. 1646.

Estimated date of publication

19 March 1646.

Thomason Tracts Catalog information

TT1, p. 427; Thomason E.328 [20]

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Text of Pamphlet

Sir,

Untill I perceive the contrary, I cannot but hope that I have prevailed something with you towards a change of your mind, and that you have begun to repent you of the evill you have done by publishing your book entituled the Gangreen: and doe wish my whisper had come so timely to your eare, as to have prevented the second edition, but repentance is never too late, and I earnestly desire it may be hearty in you, for furtherance whereof, having in my last forgotten to declare my judgement concerning the Nationall Covenant, wherein either you are entangled, or whereby you entangle others, forcing such an interpretation thereupon, as to bind all that have taken the same, to endeavour the establishment of a compulsive Presbyterian Government: directly contrary to the whole scope of the new Testament.

To remove this error, if you be consciencious there in: or to prevent the evil intended, and to undeceive those that misunderstand the Covenant, I shall at this time manifest unto you in what sence I tooke the same: conceiving my self obliged so to do, chiefly in duty to the publick, but withall, in due respect to my own good name, having been questioned by some, how it could stand with my Covenant, that I should be opposite in my judgement and endeavours to the government you intended, or be so serious an Advocate for liberty of Conscience? and I discerned a necessity of doing hereof at this instant of time, by occasion of a sermon I lately heard at Pauls: wherein all were supposed to be breakers of the Covenant, that did not insist and be importunate for such a government, & so much power as the assembly of divines should think fit, or to that effect; urging with such vehemency of expression, the pursuance of the Covenant in that sence, with such threats of judgements, and strong provocations, that I was amazed thereat, and had more feared the issue, but that I knew those honourable persons to whom he spake, were endued with wisdom to discerne whose worke he did: though I confesse it was done so artificially, as to have deceived the very choisest of men.

The two first articles of the Covenant, are only materiall to the point in question: and therefore I shall declare in what sence I took them, not medling with any other part thereof.

The first Article is thus. That we shall sincerely, really, and constantly through the grace of God, endeavour in our severall places and callings, the preservation of the reformed Religion in the Church of Scotland, in doctrine, worship, discipline, and government, against our common enemies: by this I did binde my self to indeavour in my place and calling, the preservation of the Reformed Religion in the Church of Scotland, in doctrine, worship, discipline, and government, against our common enemies, that is, that our common enemies shall not in any sort disturbe our brethren the Covenanters of Scotland, in the enjoyment of their Religion, and that form of Church Government which they conceived most agreeable to the Word of God: my bond being of force onely against our common enemies, and in no measure as justifying or judging of the form of government, be it Presbyterian, or any other. And I verily beleeve, thousands that chearfully took the Covenant in reference to mutuall aid and assistance of them against our common enemies, did not know or understand what their Government was, and should they alter their government to some other forme, I hold my self bound in duty to defend them therein against our common enemy, and do judg the honourable Parliament of Scotland as free to alter, as for ours to establish what God shall direct them, and the people there as free to move for the removall of any thing they find prejudiciall in their goverment, as we are here.

By the next words in the Covenant, I binde my selfe (in like manner) to indevour the reformation of Religion in the Kingdoms of England and Ireland, in doctrine, worship, discipline and Government, according to the word of God, and the example of the best reformed Churches: here the Word [3] of God is my particular and expresse rule, for the best Reformed Churches may need reformation, and can at best only minister an occasion of consideration of what is good in them, and agreeable to that word, but that word is still my unerring rule, and not reformed Churches. Withall, so farre as reformed Churches are in use in this case, I could not but esteem that Church the best reformed, where no coercive power is admitted, where there is no compulsion or molestation for Conscience sake, or matters of Religion, the word of God being clear and evident in that point. And truly so far as matters of Conscience and Religion can be intrusted (for I conceive no truly consciencious person in the world can absolutely intrust the regulation of his Conscience in the worship of God to any authority) but so far as it can, in this Nation of ours, I am certain it belongeth onely to the Parliament to judge what is agreeable to the word of God and not unto the Assembly, who were conveened by the Parliament to hear their advice, but reserving all power of determination to themselves, as no wise delegable to any others, and God hath blessed all their undertakings in a wonderfull manner, by the hands of Conscienscious people, because of their just and tender regard unto their freedom in Religion, notwithstanding all importunity to the contrary.

And where in the next place I bound my self to endeavour to bring the Churches of God in the three Kingdoms to the nearest conjunction and uniformity in Religion, confession of Faith, forme of Church goverment, Directory for Worship and Catechisme, I conceive my bond is of force onely as I understand these or any of these to be agreeable to the word of God (which I must understand with my own understanding, and not by any others) and then also my endeavour for conformity, must be only by lawfull and just means, not by compulsion or enforcement, but by love, light, and argument: which was the way of our blessed Saviour and his Apostles, and in so doing, wee and our posterity after us may live in faith and love, & the Lord may delight to dwell in the middest of us: for God is love, and he that dwelleth in love, dwelleth in God, and God in him: Nor do I conceive the Conscience of the Parliament to be any otherwise obliged, then a particular mans Conscience, their votes and results being issues of particulars, and as they only are intrusted, so I trust and am confident they will understand with their owne understandings, and preserve us in our liberties, not only as we are men, but (Christians namely, in a liberty to be fully perswaded in our own minds, in all things appertaining to Gods worship,) and protect us in the peaceable practice of our consciences, against all kinds of molestation.

And how strange soever this may seem to you, unto me it seemeth most equal: because otherwise, a consciencious man (that of all men is the most precious in the sight of God, and should be so in the judgement of law and authority) of all men would be the least free, and most liable to disturbance, for allow unto such a one all the comforts that this world can afford, and but abridge him of his liberty of worshipping God according to his Conscience, his life in an instant becomes burthensome to him, his other contentments are of no esteeme, and you bring his gray hairs with extreame sorrow to the grave: for of all liberty liberty of Conscience is the greatest: and where that is not: a true Christian findeth none.

In the second Article I bound my selfe to endeavour the extirpation of heresie, schisme and whatsoever shal be found contrary to sound doctrine &c. Whereby it is supposed and urged that I am expressely bound against liberty of Conscience; but as I said before: judge not according to appearance, but judge righteous judgement: by heresie you understand all doctrines that are not agreeable unto yours: though you are not infallible: by schisme you understand the declining or forsaking the Presbyterian Government or congregations: in which sence you were a schisme from the Prelaticall Church: (but I entreat you speedily to explain by grounds of scripture what heresie is, and what schisme is: to which you will stand.) Most commonly by heresiy in the covenant, you understand heretick, and by schisme schismatick, and where in the covenant the word extirpation is applyed to heresie and schism, you apply it to the rooting up of hereticks: and schismaticks: but in all this I conceive you are extreamly mistaken.

However, when I tooke the Covenant I considered what heresie was, and I found that heresie is not: but where a man forsakes an infallible and knowne truth, and professeth the contrarie, for vile and worldy respects, as may appear by the words of the Apostle, to Titus, Chap. 3. v. 10. 11. A man that is an heretick, after the first or second admonition reject: knowing that he that is such, is subverted, and sinneth, being condemned of himselfe, so as if I should know that you in the Bishops time did understand and beleeve upon sure grounds of scripture, that libertie of Conscience was due to every Christian, and in respect unto the truth thereof did plead and suffer for the same: and yet after that by the justice of this Parliament, you were delivered from that oppression and molestation for conscience sake: and stated in freedom: if after this, to gain honour profit or preferment, you shall be so subverted, as to practice the same oppression towards others, (that differ with you in judgement or way of worship) as was injuriously inflicted upon you: and strongly and clamourously, importune for power to suppresse consciencious people, this scripture as I conceive, judges you an heretick: one that sinneth, and is subverted and condemned of himselfe: if your conscience condernne you, God you know is greater then your Conscience, and will not acquit you. I dare not peremptorily take upon me to judge you in this sad condition, but that error in judgement, or blindnes in understanding, though very erronious and grosse, is heresie, I do not beleeve, but do rather conceive it an invention of some corrupt Clergy-men (to cause hatred among the people about opinions, thereby to divide them in affection, it being their maxim, (as well as other polititians) divide and master them,) and to have some colour of enforcing their interpretation of scripture as a rule upon all men, and to punish all opposers. And truly you shal do a good office if you shall open the eies of your friends in this particular, and not suffer them any longer to judge according to the rule of corrupt prelats and persecuting bishops, nor continue so violent against such as differ from them in judgment, but to judge others to bee consciencious as well as themselves, and beare with others, as they would be born withall themselves: being ever mindfull that none are now infallible.

And as concerning schism, I judge it not to be, but where an unpeaceable, and violent perversnesse appeareth, a disposition impossible to hold fellowship withall, and hee onely a schismatick that is such, and not an honest quiet spirited person, that out of conscience and difference in judgement, cannot walk in Church fellowship with me, this being also another invention, (as I beleeve) of corrupt prelats and persecuting bishops, to find occasion against Consciencious people, and by vexing them, to make them draw in their yoak, wherein also you shall doe well to open the eies of your friends, and help them to distinguish rightly of heresie and schisme, that so they may know what they have covenanted to extirpate, and what not.

And though I should find such heresies and schismes, and am bound by my Covenant to extirpate them; I must doe it in a way that is justifiable, I must not (as you seem to judge) endeavour to root out the hereticks and schismaticks, by banishment imprisonment or death, but by gentle and Christian means: that is, by perswasion, admonition, and information endeavour to reclaime them, and when that availeth not, I am only to reject them: or to hold no familiar society with them; According to this sence I took these two articles of our Nationall Covenant, and so did divers others that I know, nor do I discerne that I strained the naturall or genuine sence thereof in a tittle. If I am mistaken, I shall thank you or any other by grounds of scripture to shew me my error, but if this sence be good, you had need to warne your friends to take heed what they heare, for strange inferences are made from those two articles in the covenant: but I hope what I have said will satisfie all considerate consciences, and suffice to acquit me from breach of covenant, though I earnestly endeavour for liberty of conscience, wherein I am fully perswaded, the glory and truth of God, and good of all mankind is really involved; otherwise I would never have moved my tongue or pen in this argument.

And if I shall be so happy by what I have done, as to bee an instrument to reduce you into a charitable demeanor towards tender Consciences, I shall rejoyce more then to see a miracle: for I still remaine most earnestly desirous of your reformation, and eternall happinesse.

William Walwyn
FINIS

T.61 (8.29) Anon., The World is turned Upside Down (8 April, 1646)

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T.61 [1646.04.08] (8.29) Anon., The World is turned Upside Down (8 April, 1646).

Full title

Anon., The world is turned upside down. To the tune of, When the King enjoys his own again.

Estimated date of publication

8 April, 1646.

Thomason Tracts Catalog information

TT1, p. 431; Thomason 669. f. 10. (47.)

Editor’s Introduction

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Text of Pamphlet

THE WORLD IS TURNED UPSIDE DOWN.

To the Tune of, When the King enioys his own again.

LIsten to me and you shall hear,

News hath not been this thousand year:

Since Herod, Cæsar, and many more,

You never heard the like before.

Holy-dayes are despis’d,

New fashions are devis’d.

Old Christmas is kickt out of Town.

Yet let’s be content, and the times lament,

You see the world turn’d upside down.

The wise men did rejoyce to see

Our Saviour Christs Nativity:

The Angels did good tidings bring,

The Sheepheards did rejoyce and sing.

Let all honest men,

Take example by them,

Why should we from good Laws be bound?

Yet let’s be content, &c.

Command is given, we must obey,

And quite forget old Christmas day:

Kill a thousand men, or a Town regain,

We will give thanks and praise amain.

The wine pot shall clinke,

We will feast and drinke.

And then strange motions will abound.

Yet let’s be content, &c.

Our Lords and Knights, and Gentry too,

Doe mean old fashions to forgot:

They set a porter at the gate,

That none must enter in thereat.

They count it a sin,

When poor people come in.

Hospitality it selfe is drown’d.

Yet let’s be content, &c.

The serving men doe sit and whine,

And thinke it long ere dinner time:

The Butler’s still out of the way,

Or else my Lady keeps the key,

The poor old cook,

In the larder doth look,

Where is no goodnesse to be found,

Yet let’s be content, &c.

To conclude, I’le tell you news that’s right,

Christmas was kil’d at Nasbie fight:

Charity was slain at that same time,

Jack Tell troth too, a friend of mine,

Likewise then did die,

Rost beef and shred pie,

Pig, Goose and Capon no quarter found.

Yet let’s be content, and the times lament,

You see the world is quite turn’d round.


T.62 (8.30) James Freize, Every mans Right (18 April, 1646)

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T.62 [1646.04.18] (8.30) James Freize, Every mans Right (18 April, 1646).

Full title

James Freize, Every mans Right: or, ENGLANDS PERSPECTIVE-GLASSE. Wherein may be seen, every mans Case, Face, Birthright, and just Liberty. Whereunto is added; The Copie of a Letter written by a Prisoner in the Fleet, unto a worthy Member of the House of Commons: Expressing the necessitie of Justice, and the illegality of Imprisonment of men for Debt. Composed (primarily) for the Meridian of London and VVestminster, and may prove very profitable, to inlighten the eyes of all the Commons of England, in this year of our long-expected Reformation, and Suppressions of Injustice, Tyranny, and Oppression, Anno 1646.

Prov. 21.3.7.10.15. The soul of the wicked desireth evill, his neighbour findeth no favour in his eyes. It is joy to the just to do judgement, But destruction shall be to the workers of iniquity. To do justice, and judgement, is more acceptable then sacrifice.

Prov. 24.23, 24. It is not good to have respect of persons in judgement (for) he that sayeth to the wicked, thou art righteous, him shall the people curse, and Nations shall abhorre him.

Prov. 31.8, 9. Therefore open thy mouth wide, in the cause of all such as are appointed to destruction; Open thy mouth, judge righteously, and plead the cause of the poor and needy.

Eccles. 4.1. So I considered all the oppressions that are done, and behold the Tears of such as be oppressed, and they have no comforter, and on the side of their oppressours there is power, but the oppressed have no comforter.

Job. 24.25. And if it be not so now, who will (or can) make me a Liar, and make my speech nothing worth.

Fear not the face of the mighty, neither be dismayed at the looks of the haughty, for their end shall be suddainly.

Printed, Anno 1646.

Estimated date of publication

18 April, 1646.

Thomason Tracts Catalog information

TT1, p. 433; Thomason E. 340. (2.)

Editor’s Introduction

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Text of Pamphlet

The Copie of a letter written unto the worthy Member of the Honourable house of Commons, Mr. Henry Martin, Apr. the 18. Anno 1646.

Honoured Sir,

THe many guifts and graces displaying themselves in you, and by them setting forth your zeal to Gods glory, and your Native Countries welfare, together with the hopes of comfort we apprehend in the restoration unto the place you possessed, when the Ordinance of Parliament passed for release of prisoners for debt, and others as unjustly restrained; incourages me to addresse my self unto you, not only in mine own particular, but also, for and in the behalf of all, suffering imprisonment for Debt, in those times in which the whole Kingdome is become Banckrupt; and inforced by a strong hand to work his peace for the restoration of her Liberty, Laws, and Religion in its purity, according to the &illegible; and only rule, The Word of God. Yet we poor creatures, whom the Lord by his just afflicting hand, hath berest of all their estates, through severall crosses and losses by Sea and Land, are still afflicted, imprisoned, and oppressed by those, who doubtlesse in their hearts, conceit themselves wiser then their Creator, and by that their phantastick wisdome, endeavour, by most cruell oppression and tyranny, over their brethren (like to the Alcumist) to extract something out of nothing; viz. Satisfaction of debts out of their Brethren, who have nothing, being berest long before by the just hand of heaven. Onely here is the difference; The Lord after his just judgement inflicted on us, did in mercy suffer us still to enjoy the liberty of our persons, and thereby the future use of our endeavours for subsistence, and the common ayre to breath in; But these most cruel,Mich. 7. 1, 3, 1, 5, 6. mercilesse, unjust, persecuting Nimrods, have not only (by that abominable Statute of Bancrupt) berest us of all the remainder of our Estates, to the very covering of our nakednesse; but also have most cruelly shut us up in their severall prison houses for 8. 10. 20. yeers 30. yeers together, There their blood thirstie Soules (like so many Cainballs) feeding upon our bodies and lives, thinking to extract satisfaction for their debts out of the very ruins of our poore soules and lives, depriving us (in these their soul-destroying houses) of the very ayre, by the Lord alotted in common to every Creature to breath in, where our conditions is farre worse then the fellons case, who commonly within 2. or 3. moneths after their Commitment to prison, are by the Law, either aquitted of their Imprisonment, or by deprivation of life released out of their miserable sufferings; whereas our misery of Imprisonment for Debt, is continued many yeeres, and seldome ends, but by a violent (untimely, or naturall) deprivation of our lives in extreame misery.

Shall we the Inhabitants of England, who professe the true Knowledge, Honour, Love, and feare of God, and the Rule of true Christian Charity. prove more cruel to our Brethren and fellow Members of the same Common Wealth, then Turkes and Pagans, who knowes not God in a saving way, or the unjust judge in the Gospel who cared neither for God nor man, yet because of the poore widdowes uncessant importunity, he did her justice, by granting her just request, (God forbid) farre be it, from this so knowing a nation, to mock God thus, in slighting, and neglecting him their Just and dreadfull God, in these his three chiefest attributes, of Mercy, Judgement, and Justice, in stopping their eares from the hearing lamentable cries, of the oppressed, and becoming dumb to speak in the behalfe of the afflicted, oppressed, and long imprisoned, or to judge their righteous cause in a free current without respect of persons, and yet (with greife of heart be if spoken) our severall uncessant humble requests, have now continued more then Five yeeres, crying, knocking, and calling at the doores of the honourable Assembly of Parliament; for Justice, and Release, from this our unjustly inslaved Thraldome; But hitherto have we reaped no fruits of our humble and just desires; For their faces have been bid, & their eares stopped against the cryes of our afflictions, so that (as yet) none of our oppressions and wrongfull sufferings are redressed (as in duty both to God and Man, they ought long since to have bin) and then doubtlesse our enemies had bin long ere this time at peace with us, & the Land should have injoyed rest; For when the wayes of men please the Lord, then (and not till then) shall their very enemies be at peace with them; For what do I require of thee O man saith the Lord; but to execute Justice, to love mercy, and to walk humbly with thy God, to relieve the Widdow, the Fatherlesse, and the stranger, and to let the oppressed, and long imprisoned go free; for in these things I delight saith the Lord: But my soule abhoreth the wayes, of wickednesse, Injustice, Tyrannie, and Oppression.

The long neglect of Justice (I think) hath brought downe these heavie Judgements from the just hand of heaven upon this Kingdome in speciall, where God and his Statutes are so cleerly known, but whether they be as truly practised or not, I refer to your Judgement, and to the due consideration of all such as truly love and feare God.

For now ye purpose to keepe under the People of God for Bond men and Bond women unto you; But are there not with, you even with you, sinnes against the Lord your God? And because we have not from the first sought the Lord, after a due order, and in the true practice and faithfull execution of Justice, Judgement, and mercy: Therefore hath the Lord God made this breach upon us, as at this day to the Kingdomes woe.

The neglect of Justice, Judgment, and mercie (and the practise of the contrary by the Israelites) informed the Lord to become an enemy unto them, to swallow them up by his judgments of Plague, Pestilence, Famine, and the Sword, and also to destroy all their strong holds and places of habytation in the Land, and to increase unto &illegible; Mourning, Lamentation, and Woe, and can we, who are guilty of the same transgressions (if not more) being but wild branches of that Olive tree, presume to receive more favours from the hand of that most just God, then those his peculiar chosen people the Israelites? Certainly no, For what measure ye mere unto the poor, afflicted, and oppressed, shall be measured to you again, Oh that there were some just Jehoshaphat, to give some speedy and strict charge, for the due execution of justice, between man and man, in a free current without respect of persons, and without the taking of Fees, Gifts, (alias Bribes) and otherwise stiled New-years gifts. The 2d. of Chron. 19. 5, 6, 7, 9. 10. verses. Or that there were in that honourable Assembly, some undaunted zealous Nehemiah, to stand up for the birth-right and just liberty of his brethren (according to the true intent of his being called to that place of trust) & to inforce justices, take its free current without respect of persons (or the wages of Balaam) in despight of all wicked, abhominable, opposers of the same: Nehem. 5. 5, 6, 7, 8, 9, 10, 11, 12. verses. And I wish also from my heart, that the 58, and 59. Chapters of Isaiah, the 58. Psalme, the 6. of Jeremiah, and the 22. of Ezekiel, were truly looked into, piously considered, and well weighed by all the Inhabitants of the Land, from the highest euen to the lowest of them, and that they might open their mouthes in the cause of the oppressed, and such as are appointed (by cruelty and tyranny) for destruction, that they might open their monthes and judge righteousnesse, and plead the cause of the poor and needy.

I will say no more for this present, but onely from my poor oppressed and afflicted soul, most earnestly and uncessantly wish and pray for the prosperity of Sion, and the peace and flourishing state of this Kingdome. Beseeching you also in the bowels of compassion to think upon your afflicted, oppressed, and long-imprisoned Brethren, to cast your eyes upon these inclosed papers; Intituled, An Appeal to Heaven; and the other called, A Declaration and appeal to all the free-born People of England; and then (as the Lord shall direct you) to prove a Moses for our delivery out of this Egyptian bondage of unjust imprisonment, which is the most earnest and humble sute of him who is and will be

From my chamber of close imprisonment
in the Fleet, since the 11 of Febr. 1645.
(contrary to the Subjects liberty, and
the Parliaments own vote, in the case of
Sir Rich, Wiseman and thers, complaining
of their close imprisonment in the
year 1641.) this &illegible; of April, 1646.

Your assured friend in
the Lord, to serve
you in what he may
to his power,

James Frese.

Woe unto that Kingdome and people, where the wicked walke on every side (without controul) and the vilest men are exalted to places of eminencie and trust,Isai. 10. 1, 2, 3, 4. that they may oppresse and do violence with both hands, yea, that they may the more effectually exercise their cruel tyranny of injustice and oppression (without let or hindrance) upon the poore, the needy, the afflicted, oppressed, and long imprisoned, in especiall upon such as honour, love, and feare God, and most earnestly wish the peace and prosperity of this Kingdome, some such as these have been brought to most untimely ends by Jaylor, and their substitutes, others quite lamed by their Iron fetters, others of them have suffered unjustly, most cruel and heavie afflictions in severall prison houses and denns of cruelty, from some (eminently supports) Jaylors, and their cruel substitutes, yet hitherto none of these oppressed Christians have been righted; but rather discouraged from seeking any redresse, their severall Articles exibited against Jaylors, extreamly slighted, and themselves still exposed to the inhumane rage and unlimited crueltie of these Jaylors, and their hellish substitutes, to be by them (if not murthered) yet beaten, abused, reviled daily, and starved to death, and decreppit by Irons, for instance the prisons of the Kings Bench, the Fleete, and Newgate.

Behould they tread upon the poore, they afflict the needy, they murther the innocent, and crush the prisoners under their feet, before the face of the most high, not regarding the Lord of Hosts, nor his Power, nor his Justice, nor his Judgements, although he hath divided them, in setting the Prince against the people, the Father against the Sonne, and one friend against another, and hath set the sword as a destroyer of them all, yet they still provoke the Lord of Hosts, the God of Justice unto wrath and indignation against themselves, by neglecting the due execution of Justice, Judgements and mercy, in a free current (without respect of persons, and the wages of Balaam) &illegible; Fees, Newyeers-gifts, and Bribes: It seemeth &illegible; Riddle, not only to me, but also to many thousands in the Kingdome, that the greatest Contest betweene King and Parliament, being for the Liberty of the subiect (and hath been the cause of so much efusian of Christion blood for almost 5. yeers together) the Peers of the Realme constantly enjoying the same, and yet the commonalty hitherto most unjustly debarred of the same, and still inslaved (as formerly) unto the arbitrary will and power of a few mercinarie Lawyers whose profession and gayne inslaves them to the will and disposition of the very worst and skum of men and women, and ingages them (as hirelings) to maintaine their cause at any barre of justice (so called) for the price of iniquity; I meane for their fee of ten or twenty shillings, be the cause never so bace and unjust, so by them mayntained. It is therefore to be considered, whether it be agreeable to justice, and the freedome and prosperity of this Nation, that the prosperity and flourishing state of a few Lawyers, Atturneys, Jaylours, and their adherents should be preserved before, the just liberty, peace, and well being of this whole Nation and their posterities, and whether it savour of Christianity or any Charity, to inslave your brethren to their works, and unjust wills, & to coope them up (as a bird in a cage) in your prison houses, and not to provide for their subsistence there, or for their determinate time of delivery from thence; but expose them to the oppression of their adversaries, and the severall mercies cruelties of Jaylors and their cruell substitutes for many yeers, or whether the inrichment of a few Lawyers, Atturneys, Solicitors, Clarkes and Jaylors, be to be preferred before the flourishing Peace and tranquility of this whole Nation, and also whether it be according to Gods Law (whose people we professe our selves to be) that justice should not be executed nor administred unto the poore of the Land in particular, nor to all in generall, without the price and reward of iniquity, I meane without paying to Judges, Lawyers, Atturneys, Clarkes, Jaylours, their deputies and servants, their severall great (unjust) exacting Fees, Fees I say, and Newyeers gifts (besides Bribes) for expedition, and setting downe of a sause for hearing, or else it may be staved off by many jugling tricks and devices of our Lawyers from being heard, since the 44th. yeer of Queene Elizabeths Rayne untill this present, especially in the Court of Chancery, where the succeeding Orders (like so many vipers) still &illegible; up and devour all the preceeding Orders, of that Court, and one cause of 40. l. value, produceth at the least 700. severall orders before it be determined, and the expence of that Suite (on the Plaintifs part only) amount unto 2500. l. at the least, these and such like causes (and the severall commitments upon the same) makes Lawyers and Jaylours laugh, and both plantiff and defendant to come heavily home by weeping crosse, to the utter ruin of them and their posterity, and at the last inforces them to sell their Lands to their Lawyers, and Atturneys. We reade that Samuel judged Jsrael many yeeres, yet we reade not, that he nor any of his Servants and subordinate Officers exacted or recived any fees and rewards of the people for the administration of Justice, or that the people were barred from pleading their causes (but only by Lawyers, Advocates, and Atturneys) or that ever there were such a generation of men, or Instruments of contention knowne, or appointed by Gods Law, to the overthrowing of many a poore and righteous mans cause, by their severall tricks and unjust devices tending meerly for their owne ends, and sell-advantage of private gayne, although to the apparent inslaving of the Nation, and ruine of the People.

Who, but some Lawyers, are (for these 5. yeeres past) conceived to be the only obstructors of Magna Charta, in poynt of the Subjects Liberty, and inslaving their persons in their severall prison-houses, notwithstanding the peoples severall Remonstrances, Petitions, Declarations, and appeales unto the honourable houses of Parliament, and Commonalty of the Land, and instead of reliefe, their miseries have been augmented to them, by the crueltie of Jaylors (who are countenanced) and the poore Prisoners complaints, rejected and themselves discouraged from exhibiting any further complaints against them, for Justice and Reliefe? who but Lawyers make merchandise of Justice, and confine the practise of the same, unto the Latine Tongue, and Pedlars French, like unto the Masse Priests, who in like manner confine the Service of God to the Latine Tongue that they may make merchandise of the word of God, and by keeping the people in Ignorance, inforce them (like slaves) to walke by their light, as the Lawyers and Atturneys do by this Nation; For their Tongues devise mischief, working deceitfully, because they love evill more then good, contention more then Peace, and lying, and swearing, more then to speak the truth, because contention, strife, and debate, is the only thing that brings the price of gayne, Riches, Honour, and Presetment unto their Miti of contention and profession.

The Lord in mercy looke upon the deplorable, afflicted, oppressed, and distressed Estate of this distracted Kingdome, and now at the last (after five yeeres expectation) be pleased to open the eyes, and incline the hearts of the honourable Assembly in Parliament, unto the speedy and free execution and administration of Justice, Judgment, and Mercy, in a cleere current without respect of persons, or the wages of Balam, that so the wrath of God may be appeased, his present Judgements diverted, and the poore, afflicted, oppressed, and long imprisoned,Psal. 123. 4. relieved and released, and also inabled to reape the fruits of justice against their oppressours. And the high and honourable Court of Parliament also,Psal. 140. 3. thereby cleerly acquitted of and from the severall blemithes fastued on them (not only in this Kingdome but also in other Countries) for the neglect of the due administration of Justice (according to expectation upon their first Summons and convening) and the restoration of the Commonalty unto their just and ancient Birth-right of Liberty,Psal. 142. 6. according to Magna Charta, and the late Petition of Right, ratified and confirmed by his now Majesty, more then 4. yeers since.

I do also therefore in all humility, most humbly, and earnestly, implore the high and Honourable Assembly, Piously to consider, That the miseries happening to one man, at one time, may redound to another man the next, and that the same divine hand of power which at the first, did cast us downe into the dust of reproach, misery, and oppression, is also able at his pleasure, to bring the mightiest, the richest, yea, the proudest downe to the like dust of misery, and bands of oppression; Beseeching them also to consider, that if any their carses were the same with us, whether, they then would be willing & contented thus to suffer, & to be oppressed by the indirect practise of the Law, and Tyrannie of Jaylors, and their hellish Instruments; To be by them close imprisoned, put in Irons, starved, yea murthered in Goale (I trowe not) yea, I am consident that they would account it a great measure of cruelty inflicted on them, or their posterity; and have not many thousands of ancient families in this Kingdome, (by imprisonment) been brought to utter ruine and destruction, and have not I knowne divers personages, nobly desended of very ancient Families in this Kingdome, that have perished miserably in Goal, and their misery not pittied by any, nor their death no more regarded by the Jaylour, nor any his Substitutes, then the barking of a Dogg. These things piously considered (according to the Rule of Christian Charity) it is then to be wished, that the sacred Rule of our Saviour Christ might speedily be put in practice amongst the Innabitants of this Land; from the highest to the lowest of them. To do as we desire others should &illegible; to us, and not like Camballs, out of meere malice and revenge, (and the great gayne by contention) to devoure one another in prison houses, that so the God of Justice, Love, Mercy, and Peace, may receive us againe to mercy, and returne unto us, with healing in his wings. For behold, wickednesse and oppression shall not deliver those that are given to it,Note this &illegible; And there is a time wherein one man ruleth over another, to his own burs, And because sentence against evill doers is not speedily executed; therefore the hearts of the Sons of Belial is fully set in them to do evill with both hands: For they lye in wayte for blood, they haunt their Brethren with the net of cruelty and oppression. The best of them is as a Briar, or as a Thorny bedge unto his &illegible; afflicted Brother; And if it be not so now, who will make &illegible; a lyer, and make this my speech nothing worth, Jobe 14. 25. For thus saith the Lord, who art them, that &illegible; shouldest be afraid of men that shall die, and the Sons of men which shall be made as Grasse, and forgestest the Lord thy maker, because of the fury of the oppressour, as if he were ready to destroy; Feare not the reproach of men, be not dismald at their lookes, neither be afraid of their revilinge; for the Moth and the Worm shall eat them, horror, confusion, and eternall destruction shall take hold of them. And where (then) is the fury of the oppressour? I am he that comfort thee; for I am a just, and a righteous God, who bring Princes to nothing, and make all the Judges of the Earth as vanity; Therefore fear not man, whose breath is in his Nosthrils, for wherein is he to be accompted of; Behold I the Lord execute Righteousnesse and Judgement, for all that be oppressed; Therefore be not afraid of their faces, nor of their haughty and proud looks, for I am with thee.

Imprisonment may be compared to Hell

Where punishment, among them shall excell,

And Hels musick is, to curse and swear

And ban, their wicked friends, so do they there;

As they in Hell, shall daily howl and cry,

For to obtain some case, or liberty,

So men in prison daily make complaint,

How they with grief and hunger pine and faint,

And are tormented by the Jaylors still

With iron fetters, abused at their will:

Yet these unto Delinquents, Traytors, Papists, Knaves,

Yeild liberty, give moneys, onely make us slaves,

That loyall are, no Enemies to th’ state;

This is our lot, this is our cruell fate,

And fruits we reap for our fidelity,

From these vile &illegible; of all disloyalty,

Who most of them being none other then,

Fiends of hell, walking in shapes of men,

Acting &illegible; pleasure, on us all

That are their captives, lying in Bonds and thrall:

Yet we these five years past, no right can have

Though we the same full oft with tears did crave,

Of King and Parliament to grant, but that

Which they themselves full oft, have sworn flat,

For to maintain, the liberties and right

Of five-born Subjects, and thereto have plight

Their faith, their covenant, and their Protestation,

Yet for all this, we still reap molestation,

Anguish and sorrow, afflicts our hearts and will,

Cruelty of Jaylors, doth torment us still:

If Lawes, if oaths, if vowes, if Protestation,

If covenant with God, produce such reformation,

Then Judges, Lawyers, Atturneys, Jaylors, all

This Kingdomes glory, unto your lot must fall.

Then Bribes and Fees all Hellish gain,

Shall flourish to the peoples pain,

And sorrow grief and misery,

Shall still possesse the Commonalty,

For justice, judgement, and mercy,

Are grounded on true piety,

But want of justice in this land,

Hath brought on all, Gods heavie hand.

Be carefull then, suppresse the Imphes, make sure

Your Rights and Liberties, may still endure

To future ages, posterity then may

Have cause, to blesse your memories for aye:

For God, is God of Unity, of Love, and Peace alone,

But these men for deceit and strife,

the like of them there’s none.

Probatum est.

For whatsoever is not of God is from the Divell. But injustice, contention (and the instruments of the same) Oppression, Bribery, imprisonment of men unjustly, starving, and murthering of men in Goal, are not from God; Therefore from the Divell: And whosoever doth them, doth the will of his father the Divell; for he is a murtherer from the beginning, and the grand Enemy to Justice, Love, Mercy, and Peace. Therefore if we be of God, we must then do the works of God, and manifest the fruits of the same. And these are the works of God; To execute justice and judgement, to shew mercy, to relieve the Widdow, the fatherlesse, and the stranger, and to let the oppressed go free. Let us therefore now at the last (by suppressing of Contention, Injustice, Tyranny, and Oppression, and the wicked instruments of the same; And by a speedy administration of justice, judgement, and mercy) try the Lord our God, and see if the Lord will not forthwith powr down his mercies on us, withdraw his present judgements (of Devision, Sword, and Plague) from us, and heal the Land; and so become a father of mercies, a God of comfort and consolation, unto us, and our posterity after us.

It is to be wished, that the Lawes of England favoured of as much justice and mercy, and were but as truly executed without respect of persons, as the Lawes of some Forraign Nations are, & that there were some honest men appointed, for the Visitation of Prisons every first Munday in the Month, for to restrain the cruelty of Jaylours, and to know the causes of mens Imprisonment; To whom the prisoner declaring himself by Petition, declares the reall value of his estate (and as in the presence of God, affirms the contents of his Petition to be the whole truth) unto which the Commissioners then subscribe. Let the Creditors see this Petition, and by the next Visitation day, either disprove the contents thereof, or else the Petitioner to be set free, upon the assignement of the two third parts of the said declared Estate unto them. In the mean time, the Creditors, or party imprisoning the Debtor, are to take care for his subsistance in Goal, and to discharge all just Prison fees.

And if the Creditor happen to disprove the said Debtors Petition before the said Commissioners, and prove that he hath concealed some part of his estate; then (for a punishment to such a deceiver) his whole estate is, by the said Commissioners assigned to the Creditors, and both he, his wife, and children, deprived of their third part of the same; and the said fraudulent Debtor is then also adjudged to stand in the Pillory (and a hole punched or bored through his ear.) But upon the Debtors discovery of his whole estate (be it more or lesse) really and truly, then the Commissioners do forthwith assigne two third parts of the said estate to the Creditors, and the other part thereof unto the said Debtor, for and towards the future subsistence of himself and his wife, and education of his children: And further, that if any Debtor, do of purpose take up goods & monies, with an intent to defraud (and take a prisoner as his surety) by assigning over in trust the said estate to some of his friends (this being proved) then the said Commissioners have power to assigne all the said estate unto the Creditors, prohibiting (by proclamation) all persons from paying or delivering unto the said cheating Debtor any monies, goods, or Lands, or to any other persons for his use, but only unto the Creditors; And the said Cheator or fraudulent Debtor, is then also adjudged to stand three hours in the Pillory, and to have then both his Nosthrils slit up (by the common Hangman) or some base Hounds-Cut:) Such a course as this, truly and justly put in execution here in England, would soon increase the number of honest men, and produce (if not inforce) honest and plainer dealing, from, and amongst all men, and it would also destroy the great number of Deceivers, Oppressors, Extortioners, and Gentlemen-cheaters, as well as common-Cheaters, and all Knights of the Post, common Bail-men, and all such cunny-catching deceitfull companions. The opening of this gap (I doubt not) will draw upon me, the rage and malice (if not the curse) of all Knights and Gentlemen Jaylours and their Substitutes, as also the revengefull fury of some evill-minded Lawyers, Atturneys, Clarkes, Soliciters, Sergeants, and Bumbayliffes: From whose Milles (by this meanes) the great gainfull waters of contention, fraud, injustice, and oppression, will be dreyned dry, theit deceitfull craft fall to the ground, and their Goddesse Diana quite drowned in the Sea of Englands Peace and Tranquility.

Truth from Injustice, may hap to reap some Blame,

Yet truth shall stand, Injustice shall reap the shame.

FINIS.

Gentle Reader,

I Pray thee to accept of this small Treatise for the present, and if this unjust bondage of Imprisonment, be any longer continued, upon the Commonalty of this Land, then expect a more larger Relation, and Declaration of the many severall oppressions, indirect practises, and abuses of the severall Courts, and Committees, as also of the severall murthers and cruelties, by Jaylors committed on prisoners, when, where, on whom, and by whom; so farre forth as God shall enable me, and give me life and health. In the mean time I remain, thine and the Kingdomes friend and well-wisher, and a professed Enemy to all instruments of Injustice, Tyranny, and Oppression.

For the Lord upholdeth my soul, he, even the God of Justice, Judgement, and Mercy, is on my side, and taketh my part against all those that seek to destroy my soul; Therefore will I not fear what man can do unto me.

Farewell,

This year of Hope, 1646.


T.63 (3.5) [William Walwyn], A Word in Season (18 May 1646).

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ID Number

T.63 [1646.05.18] (3.5) [William Walwyn], A Word in Season: to all sorts of wel minded people in this miserably distracted and distempered nation (18 May 1646).

Full title

[William Walwyn], A Word in Season: to all sorts of wel minded people in this miserably distracted and distempered nation. Plainly manifesting, that the safety and wel-being of the Common-wealth under God, dependeth on the fidelity, and stedfast adherence of the people, to those whom they have chosen, and on their ready compliance with them. Also, That the destruction and bondage of the Common-wealth in generall, and of every good minded man in particular cannot be avoided, if the people, through want of consideration, shall give eare to any other counsels or counsellers.

Proverb. 2.11,12. Discretion shall preserve thee, understanding shall keep thee, to deliver thee from the way of the evill man, from the man that speaketh froward things.

Published by Authority. London, Printed by Thomas Paine, and are to be sold by Edward Blackmoore, at his shop in Pauls Church-yard at the Signe of the Angell. 1646.

Estimated date of publication

18 May 1646.

Thomason Tracts Catalog information

TT1, p. 439; Thomason E.337 [25]

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

SINCE, (as the Scripture speaketh) no man hateth his own flesh, but loveth and cherisheth it; and that naturally, every man seeketh his owne good: it is very strange, (seeing we have the helpe of reason, of experience, of the Word of God) that the right way, which leadeth to that end, should be so hard, and difficult to be found, certainly, it cannot be so in it self; God hath been more good to man, then to make things necessary hard to come by.

The difficulty will rather be found to arise by our own default, from our want of a patient, setted, serious, and religious consideration of things, wherby we are continually liable upon all occasions to be misled, either by our owne evill and eager desires, or by the evill examples of others, or by evill (though long setled) customes; or by the perswasions of politique deceivers, into such wayes, which though they seeme to be strewed with Roses and perfumes, yet are the wayes of death, and when we least suspect, bring us to destruction.

Our blessed Saviour therefore bids us to be wise as Serpents, because whilst we live in this world we have to do with Serpents, and to beware to wolves that come to us in sheepes clothing; To be innocent as doves, is a most blessed temper of spirit, but very unsafe and liable to every ginne, and bird of prey, if the wisdome of the Serpent be not joyned therewith: Now all the helps of reason, of experience or the word of God, produce not this wisdom without consideration; advised, deliberate consideration, (such as few in this Nation are accustomed unto) without which that which is called knowledg or understanding, is not true knowledge nor understanding, serving to no publique use at all, except to distract and distemper, and vex and destroy a Nation. It is the voyce of God himselfe: my People will not consider, they will not understand, without consideration it is impossible to understand anything as we ought, & without understanding (true considerate understanding) man is like unto the beasts that perish: nor had this Nation ever been thus miserable as it hath bin, is, and is like to be, but for want of this kind of consideration, in the People; so that it may be as truly said of this, as of the pervers, rash, inconsiderat Nation of the Jewes; thy distruction is of thy self O England. And if ever there were a cause to study & put in practice the wisdom of the Serpent: to beware of foxes that come to us in sheeps clothing: if ever there were a time requiring the uttermost of wisdom and consideration in all sorts of people, rich and poore, high and low, one with another; now there is a cause, now is the time.

For never to this day, were those who are trusted with the care of the Common wealth, so beset and surrounded with difficulties; with unexpected appearances of strange thinges, such as no age can parralell, of so high and great concernment, as the least miscarriage therein, may in a moment of time make void all their long, their faithfull and painefull endevours, and involve us all into the most misserable bondage, that ever over-whelmed any People.

And therefore (however any sort of man may delude themselves) if we doe not all joyntly and unanimously (laying aside all disaffection for differences in Judgment in Religion) patiently, setledly and seriously, deliberate and consider what every one of us ought to doe, in reference to their preservation; abandoning all passion, and willfull prosecution of perverse and prepostrous things; all jarring and repining at their proceedings; this Nation cannot be safe or happy, nay cannot but be miserable and wretched.

For the greatest and most superlative freedome, of this Nation (and wherin the safty and well-being thereof doth reside) consisteth in this; That Lawes cannot bee made. Government (Ecclesiasticall or Civill) cannot be established or Altered: Warre cannot bee levied, nor Peace concluded, nor Monyes raised, nor any thing done, but by the Authority of those whom the people themselves doe chuse for Parliament: and entrust as their Commissioners, with full and compleat power for Their good. Had it not been by this just Authority, We had never been Freed, from the Tyranies, oppressions and cruelties of the High Commission, Star-Chamber, and Councel-board: from the burthenous Execution of the Forrest-law, Court of Honor, Commissions of Waste: from the Extortions, and Exorbitances, in the Courts of justice, Chancery, Requests: from Ship-money (for remission wherof, no lesse than Twelve Subsidies were required) and from all those other innumerable Patents, Projects, Illegall warrants, and Imprisonments: Things which the whole Land long groned under; though (now removed) the benefit be unworthily forgotten, or misattributed to an Act of grace. Had it not been for this Authority; the Court of Wards had never been abolished, and that for many Ages hath oppressed the Land.

Had not this Authority, opposed; the King had been furnished with monyes to have Warred upon our Brethern of Scotland, in his first attempt upon that Nation. This Authority, in the worst of all former Times, when the strongest Force and Power was upon them, ever stuck closest to the interest of the People, nor did the People, in the worst of Times, ever forsake them, but maintained Their power, and Priveledges, their Essence and authority, whensoever they called upon them for helpe and assistance, nor hath this just and powerfull Authority been more true to the Commons that chose them, then to those worthy Lords and Patriots, that at any time have assisted them for the common good of the Nation, preserving their Honours with as true affection as the liberties of the People; no man can name the time that (intentionally) this Authority ever did injury to any just intrest either at home or abroad, but have borne and suffered much, from those that have made an ill use of their lenity and credulity.

All which is necessary to be remembred, and seriously considered in this instant of time, because if these things be seriously laid to heart, it may happily expel those poysonous vapors, with which our ayre begins to be infected, we have a generation of forgetfull, ingratefull people, who because the Parliament cannot yeild unto all they desire, (without extreame thraldom to the people, in things Ecclesiasticall and Civill) are degenerate into a malevolent disposition, murmuring and repining at all their proceedings, and making hard constructions of their Just endevours; and by politique and subtill meanes, labour to alienate the hearts of their friends from them, and to incline them to give eare to other Connsels, laying open their infirmities (which they should rather goe backward to cover) and would (if they could) possesse the world that there is a sort of men that would settle Religion more purely, performe and interpret the Covenant more exactly, and doe justice more speedily, and more sincearely then this just Authority, whom the people themselves have chosen; nay, there are fames abroad, that there are catalogues taken of any thing that may possibly beare a bad or sinister construction, to be shewed to the people, in the day of their extremity, if such a day can be procured.

And for what end all this? Why, you shall not faile to be told it is for the glory of God, the setting up of the Kingdome of Jesus Christ, and the everlasting Good of the soules of the people, and the like: but take yee heed how yee heare or give credit to these Syren songs; these charmes of Dalilah, are but to deprive Sampson of his strength, to rob the people of their Power: It is a sad proverb, but Court Logick hath proved it so frequently true, that it may be related without suspition of blasphemy. In nomine Domini incipit omne malum; When the Devill transformes himselfe into an Angell of light, to make his delusion currant, he is necessitated to use such language: For which cause our blessed Saviour advised us to be Wise as Serpents, lest wee bee beguiled by their subtill glosing dissimulations.

But as the Apostle saith in another case, If an Angell from heaven preach any other doctrine, let him be accursed. So in this case, if any, though in the shape of an Angell of light, of strength, of powers, or dominations, shall endevour, by any meanes whatsoever, to divide you from those you have chosen, either in affection, or assistance, you are to hold them for the most accursed Traitors that ever trode upon English ground, and to use all lawfull meanes to bring them to condigne punishment; being well assured, that whatsoever is pretended; the intent can be no other then to extirpate for ever the foundation of the freedom and safety of the People: which once done, a ready way is made for any thing that can make a people wretched and miserable, without hope of remedy.

And therefore be advised in time, before you are engaged too farre, and be confident, those inconveniences you have fancyed to your selves (and wherein you are like enough to be mistaken) if they should indeed prove reall ones, yet were you better to have patience, and by loving discourses and prudent meanes endevour to worke a better information, (which time may produce, as by experience in your selves you cannot but know) rather then through impatience and violent importunity, to cast your selves upon a remedy that must necessarily be destructive to the whole people of the Land: For once suppose or admit that any (pretending whatsoever, piety or authority) may more properly judge of law (or religion so far as concerns the publick) or give interpretation of oaths or covenants, or treaties, or transactions, or any thing which is of public concernment, then those whom the people have chosen: and farewel common freedom for ever, who ever those are you would so prefer, as far as in you is, in so admitting or supposing, you betray the great freedome of the Nation, and set Masters over the Parliament, then which there can be no greater Treason.

Be not flattered and deluded out of your birthright: Consider, whatever you are, you are but a part of the whole people, it is impossible that you can give the sense and mind of all the Commons of England: Nay, if you could, it is not lawfull for you to doe it, otherwise then by a becomming information, and to rest satisfied when you have so done: You are not entrusted by the People, you are not Chosen to that end: But this just Authoritie is a power chosen, and entrusted; and you are to know, that they are absolutely Free to follow the dictate of their own Understandings and Consciences, informed by the Word of God, by principles of right reason, and all other good meanes, as is most probable to conduce to the safetie and weale of the people; which they lately and worthily have declared to be the end of the Primitive Institution of all Government.

Whosoever shall tell you, that either themselves or any others will ever doe you more good then those you have chosen; make no scruple to owne them for deceivers, that Absolon-like, kisse and wooe you, of purpose, to enslave you.

What though some things may not be done so perfectly, or so inexcusably as you could wish: Consider, they are but men, subject to the same passions and infirmities as your selves; they are not like some ancient Fradulent great Councells, that have maintained the Canons and Decrees thereof to be infallible: Nay, they are so farre from such delusion, that they have many times altered their owne Orders, Ordinances, and Acts, upon further or better information, and doe not refuse, nor reject Petitions and Informations duely offered by any peaceable persons, few, or many, and as readily follow the advices of others (which they approve) as their owne immediate apprehensions and Councells.

And, as a sure testimony of their faithfulnesse and sinceritie; doe but seriously consider, how exceedingly God hath blessed them, viz. with the affections of the people, with power and strength in the field, with deliverance from many most desperate Plots, and out of many sore and difficult exigents, that their enemies have bin as Chaffe before their Armies: What force hath beene too mightie, or place too strong for their Achievement? And now, that they have all, as it were, in their owne command (by the same good providence of God) would you now, because they cannot please you in every particular, except they shall goe against their owne Consciences, gladly see them trodden upon and brought under: Surely, if you would but open your eyes, you could not but see, that the hand of God is still with them, and will not be shortned: He hath already brought low the mightie, and reproved, vanquished even Kings for their sakes, and for theirs whom they represent: And doe you now thinke, that any shall be able to lay their honour in the dust? You cannot certainly be many, that have beene thus blinded, or deluded: Nor can you possibly long continue in so bad a mind. A little consideration must necessarily change your minds, and God I trust, will prevent you with his converting grace, and will not suffer you to be tempted above your power. However, this is most visible to all considerate men, that there are multitudes of honest Religious people that remain immaculate in their affections to this Honourable Parliament, & are truly thankful for their unwearied labors, in recovery of the long lost Liberties of this great Nation, & stand firmly resolved to maintaine and defend with their lives and estates, their just power and priviledges, against all opposition, circumvention, or delusion whatsoever; And those who shall cease to doe this, through any conceived cause or provocation, they shall esteeme them the most treacherous upon earth, and not worthy the name of true Englishmen or Christians.

This, by generall discourse & observation, is found to be a knowne truth; and therefore, it is earnestly hoped, the Honourable Parliament will no whit abate of their resolutions, to make this Nation absolutely free and happie; notwithstanding the manifold new Discoveries of strange Apparitions, if they but please to consider seriously the true Englishmans temper, they will find, they have multitudes more with them then against them; and that in times to come this shall be an English Proverb, As certaine to perish, as those that openly oppose, or would secretly undermine a Parliament.

FINIS

T.64 (10.6) John Lilburne, The Just mans justification (6 June, 1646).

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ID Number

T.64 [1646.06.06] (10.6) John Lilburne, The Just mans justification (6 June, 1646).

Full title

John Lilburne, The Just mans justification : or A Letter by way of Plea in Barre; Written by L. Col. John Lilburne, to the Honourable Justice Reeves, one of the Justices of the Common-wealths Courts, commonly called Common Pleas. Wherein the sinister and indirect practices of Col. Edward King against L. Col. Lilburne, are discovered. 1. In getting him cast into prison for many weekes together, without prosecuting any charge against him. 2. In arresting him upon a groundlesse action of two thousand pounds in the Court of Common Pleas; thereby to evade and take off L. Col. Lilburns testimony to the charge of high Treason given in against Col. King, and now depending before the Honourable House of Commons. In which Letter is fully asserted and proved that this cause is only tryable in Parliament, and not in any subordinate Court of Justice whatsoever.

Levit. 19.15. Yee shall do no unrighteousnesse in Iudgement, thou shalt not respect the person of the poore, nor honour the person of the mighty: but in righteousnesse shalt thou judge thy neighbour.

The pamphlet contains the following parts:

  1. A Letter by way of Plea in Barre
  2. To the Right Honourable, the Representative Body of the Commons of England
  3. Articles exhibited against Col. Edward King
Estimated date of publication

6 June, 1646.

Thomason Tracts Catalog information

TT1, p. 443; E. 340. (12.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Sir,

HAving lately taken upon my self that boldnesse to speak with you, as you are one of the publique Judges of the Kingdome, about an honest poor man that was unjustly and without any legall authority cast into prison, and finding a very courteous, faire and rationall carriage from your Honour towards me at that time, imboldeneth me the more at this time (being extraordinarily necessitated thereunto) to write a Letter to you in my own behalfe. I being upon the fourteenth of April last arrested at Westminster, upon an action of Trespasse, by the Bayliffes thereof, at the suit of an unjust and troublesome man, commonly called Colonell Edward King; and the Bayliffes pretended it was for so many thousand pounds (although I am confident that I never was six pence in his debt in my life) that they must have extraordinary Baile for my appearance.

So that I was forced to give them two house-keepers in Westminster, and one stranger, or else in their mercilesse hands I must remaine, although I was very hard following of my businesse to perfection with the Parliament, which hath stucke there almost six yeares, to my extraordinary cost, charge, and losse of time, and although I am confident that it is as just a cause as any is in the world, and hath so been adjudged by both Houses of Parliament, as in this inclosed printed relation you may reade.

I must ingenuously confesse that it did somewhat trouble me to be arrested in that manner, having never before in my life bin arested to my remembrance, and I was the more troubled in regard that my Ordnance for my reparation, which lastly passed in the Lords House, was depending in the House of Commons, I was affraid that it might there stick, if I were diverted from following it, and I did not know but this &illegible; &illegible; do it.

And Being in a longing expectation for the Terme, to see my Antagonists Declaration, I found in it that it is an Action of Trespasse for 2000 l. pretending that I said in October last, that Col. King was a Traytor, and I would prove him one, and for taking away his good name which I scarce believe he ever had in his life, and considering with my selfe what to do, I was resolved to make a &illegible; at the Barr of the Common Pleas (where you are the eldest, and chiefest Judge, that Col. King and I. being both Soldiers, were in that condition to be governed by the Lawes Martiall which were published with the Stamp of Parliamentary Authority by the &illegible; thereof: And he having committed many grievous crimes against the Letter and true meaning of them, I complained to the Earle of Manchester thereof, being both his Generall and mine; and at the same time, divers Gentlemen of the Committee of Lincoln, as Mr. Archer &c. having Artickles of a very high nature against him, &illegible; my Lord to a tryall of him at a Councell of Warre, and at the very same time, the Major, Aldermen and Towne Cleark of Boston, came to Lincoln to my Lord, with Artickles of a superlative nature against King their Governour, but could not get my Lord to let us injoy Justice at a Councell of Warre, according to all our expectations, and as of right we ought to have had, which at present saved his head upon his shoulders.

Yet notwithstanding others endeavoured to try whether justice could be had against him in the Parliament, and for that end, in August 1644 Mr. Mussenden, Mr. Wolley and divers others of the Committee of &illegible; did exhibit Artickle of a very high nature to the House of Commons against him, and to speake their own words in their 4th Artickle, they say.

That when he was last before &illegible; &illegible; sent for a Captaine who kept Crowland, who obeyed his command, yet sent word to him of the danger that that Towne was in, and therefore &illegible; his second pleasure which was that he should &illegible; who accordingly did, the Gentlemen of the Country, &illegible; the enemy, procured Major &illegible; to &illegible; 100. &illegible; to keepe Crowland, which he &illegible; of, tooke all, that any without order from him should come into his &illegible; and commanded &illegible; to be gone, who accordingly departed, the Enemy presently surprized the Town, and those few that he had lest in it, by which meanes he &illegible; the Town unto the Enemy, which was not regained without much charge hazard, and losse of many mens lives.

And in the 12th. Artickle, they plainly accuse him for betraying the Parliaments Garrison of &illegible; these Artickles with the rest, having there hung ever since without a finall determination, King knowing that I was a main witnes against him in divers of the things laid to his charge, and &illegible; a malignant and inveterate mallice against me, for opposing him in his unjust and unwarrantable actions, (while I was his Major, and for discovering of them, and often complayning of him to the Earle of &illegible; and Lievt. Gen. Crumwell &c.) to be revenged of me, did upon the 19th. day of July 1645, plot, &illegible; and by lying and &illegible; suggestions to some members of the House of Commons, caused me to be committed as a prisoner, and as a prisoner, by vertue of that his unjust procurement, I lay till the 14th. of October 1645. to my extraordinary charge and dammage, yea, and to the hazard of my life, as I could easily, truly, and undenyably demonstrate.

And yet neither he nor any man for him ever prosecuted any charge against me, for although I lay so long, yet was I delivered before ever I knew truly and legally wherefore I was imprisoned, as appeares by the following Coppy of my releasement.

Die Martis 14. October, 1645.

MR. Recorder acquainted the House, that two Sessions were now passed, &illegible; Lievtenant Colonell Lilbourn was removed to Newgate, and had continued a prisoner there, and this no information or other charge had &illegible; yet brought against him, and at this last Sessions, he humbly desired either to be tryed or to be discharged, and &illegible; &illegible; thereupon resolved upon the question, that Lievtenant Colonell Lilbourn be &illegible; discharged from his imprisonment.

To the Keeper of Newgate or his Deputy.

Hen. Elsing. Cler. Parl. D. Com.

And that King was the Instrumentall cause of my imprisonment, appeares clearly to me, by what I find recorded by his good friend and my grand enemy Mr. Prinne in the latter end of the &illegible; Page of his booke intituled the Lyer confounded, and by what I find recorded under Kings hand in the 8th. page of his co-partner. Doctor Bastwicke Booke, written against my selfe, for although Doctor Bastwick be now my bitter Enemy, and his hand be with Kings to the Information which Doctor Bastwick there saith was put into the House of Commons against me: yet I am &illegible; to thinke that King was the King leader in it, because at that time there was no visible nor professed breach of friendship betwixt Doctor Bastwick and my selfe.

Vpon which provocation by King, it might be, and I do believe it to be true, that J might be free in my discourse at severall times of King, and the forementioned charge &illegible; Treason given into the House of Commons against him, and J am very confident it will be made good by sufficient proofes and witnesses, according to the rules of Warre, when it there comes to a tryall, but do not own the words specified by him in every particular.

Therefore J conceive it unjust, irration all, and Anti-Parliamentary, for an inferiour and subordinate Court, as the Court of Common Pleas is, to medle with this businesse, it being now dependent in Parliament, the supream Court, and unjudged there as yet, although the prosecutors &illegible; at their utmost perill to prove their charge against him.

Therefore my Lord, in my apprehension, Kings former mallice manifested about my commitment, and his present bringing me before you, are meer evasions and tricks to terrify me and all others from prosecuting him in Parliament, and also (under favour) your medling with it in your Court, it being still depending in Parliament, and not by them referred to you, is an incroachment upon their Priviledges, and J am the rather confirmed in this opinion, when I seriously read over Mr. Prinnes Booke, cal’d the &illegible; of cowardice and &illegible; he being Colonell Kings very good friend and councellor, and therefore his words in this case are of the more weight and authority &illegible; 1. 12. being a professed adversary to me, who citing the Rolles of Parliament of the 1. R. 2. num. 38, 39, 40. which containes the case of &illegible; and Weston, hath these observations and inferences from them, in the 7th. page thereof.

That it is to be remembred, that Ieffery Martin Clearke of the Crown made this very Record, and delivered it thus written in this present Roll, with his own hand, therefore saith he, from this memorable Record, J shall onely observe these few particulars.

1. That the Surrender of Townes, or Castles to the Enemy, through Cowardice or Treachery, is properly examinable and tryable onely in Parliament.

Jt being a detryment to the whole Kingdome, and so fit to be determined by the representative Body of the Kingdome.

2. That the Cowardly delivering up of any Town or Castle by the Governour thereof, to the Enemy, is a Capitall Offence, deserveth death, and likewise the losse of it through his &illegible; or default.

3. That every Governour, who takes upon him the custody of any Fort or Town, is obliged in point of Trust, and duty, under Pain of DEATH to defend is to the &illegible; extremity.

4. That the concurrent consent of a Councell of Warre or Souldiers, to render up a Town to the Enemy before utmost extremity, for the saving of the Houses, Lives and Goods of the Soldiers or Inhabitants, &illegible; no excuse at all to justify or &illegible; &illegible; &illegible; Governours dishonourable &illegible; and offence.

5. That those who are accused of such an unworthy Surrender of any Town or Castle ought to be apprehended and kept in safe custody, till their Tryalls be past, and not suffered to go at large.

6. That a Governour giving timely notice of the Enemies apporach, of the weakenesse of the Garrison, his &illegible; for &illegible; &illegible; and repulsing of the Enemy for a season, will no &illegible; excuse his surrender of a Town or Castle, unlesse he hold it out to the utmost extremity, or Surrender it by the consent of those, who entrusted him with the Custody thereof.

7. That the violent Battery of the Walles, or drayning of the Dykes of any Castle or Citie, or any breach made &illegible; them by the Enemy (though extraordinary powerfull) are no sufficient causes or &illegible; for any Governour to Surrender them upon composition to the Enemy, while there is sufficient victuals, men, or ammunition to desend them; And that they must in no wise be surrendred, without consent of those who put in the &illegible; &illegible; the greatest part of the Souldier, be &illegible; the victuals or ammutionn quite spent, and all hopes of reliefe dispayred of utterly upon good grounds.

Which is cleare by the Case of Weston, who made a better defence of the Castle of Out &illegible; with 38. men onely, against more then 8000. Enemyes, (who &illegible; assaulted, battered it for 6. dayes together, with &illegible; great Commons and other Engines, and pleaded farre more in his defence of his surrender of it, then many now can do, for surrendring of Townes and Castles of far greater importance, then this Castle was, and yet for all this Weston in full Parliament, was adjudged to death for it.

Thus far the words of an adversary to me, and Kings especiall friend and councellor, and therefore of the more weight and authority. Titus 1. 12., 13.

Therefore my Lord, laying all these things together, as 1. Col. King and J being both Soldiers’ under one Generall, namely the Earl of Manchester, who was authorized by Parliament to govern his Army by Martiall Law, which Law was plainly printed by the same authority, and openly published to the view of every Commander, Officer & Souldier; for transgressing against which Artickles, many in a martiall way have lost their lives, and no other visible Rule that J knew off, was to be the Rule and Judge of our actions, or offences, but that Law, unto the power and authority of which, both Col. King and my selfe did voluntarily stoop, and therefore (as I humbly conceive) wee are not to be tryed by the Rules of the Common Law, (which I thinke no man in the world fully and truly knowes) for our actions committed in our souldier condition, which is the true cause betwixt him and me. 2. I did my duty according to the trust reposed in me, By the State Legall & representative, and by my Generall from whom I had my Commission, and according to the private commands of Lievtenant Generall Crumwel, which was to be faithfull in my place, and to complain, either of Col. King, or whomsoever I groundedly knew, did any action, that tended to the ruine of Salus &illegible; The safety of the People, or the State univresall, and he promised me upon his Honour and Reputation, that he would doe the best he could to have justice done, which is the very life of all societies or Common Wealths, and that without which, the People cannot be happy or safe; yea, & he gave me the reason, wherefore he so earnestly tyed me to it, which was because our Generall with his Army was to march out of Lincoln, Shire, and that Country being lately wonne out of the hands of the Cavaliers, there being very few of that Country at that time that desired Command under the Generall, (saith he) wee are necessitated to make use of Col. King, and to make him governour of Boston and Holland, upon whom he &illegible; then as an active popular man, who promised to do mighty things for the good of that Country, and the Publique.

But in regard divers of the chiefe men of Boston do mislike him, I have therefore (saith he) in his behalfe engaged my selfe to them for him, that he shall be faithfull, just and honest towards them, and therefore in regard I have no large experience of the man, and of his temper, I principally looke upon thee Lilbourne, and thy Lievtenant Colonel, whose faithfulnesse. I can rest upon, & for both of whom I have used my interest, to place on purpose with him, that so if he should breake out to the dishonour of my ingagement, and the detriment of the publique, I may from time to time be sure to know of it, that so it may be prevented before it be past remedy.

But King being pussed up with his Command, tooke upon him an absolute regall tyranicall authority over all his Officers, but especially those that were betrusted in Commission as well as himselfe, and to do his chiefe actions by the rule of his own will, without their privity or advice, which tended to the ruine of all that were under him, and consequently of that whole country, he having treacherously lost Crowland and Boston put in extream danger, by his absolute wilfulnesse, if not treachery, the making known whereof, with his cariages at Newarke Siedge &c. cost me in sending posts to the Earle of Manchester, and Lievtenant Generall Crumwell, then, in or about Camebridge, I am very confident 20. or 10. l. which so madded him, that he imprisoned Major Rogers for dating to go and complain against him, I being in those straights in regard of the charge I had taken upon me, that I durst not stir my selfe, till all was cleare, without feare or danger of an enemy, he having already by the Law of his own will, &illegible; his Lievtenant Colonell, without ground or cause, and endeavoured the apparent destruction of Capt. Camebridge, and all the honest, zealous and conscientious men, under his command, which to me was an ill Omen of his intentions.

Therefore I say, so soon as I durst leave my charge, I &illegible; away to Bedford, where I found my Generall, and Lievetenant Generall Crumwell, and could them both fully of Kings cariage, and that he commanded his forces to march forward and backward, where, and when he pleased, without the advice, &illegible; and consent of his Field Officers &c. who were to ingage their lives a thousand times more then himselfe, in managing the designes he let them about, and that the Committee of Lincolnshare had paid him diverse thousands of pound, to pay his Officers and Souldiers at Newarke Sledge, but J could not heare that he paid one penny to any Officer there, and for my own part J am sure J could not get a penny from him, although J am confident J tooke as much paines both night and day, and hazarded my person as freely, and as often as any Major at that Leaguer did.

So likewise, although the Country sent in great store of provision for his Regiment gratis, yet he and his under Sutlers, made both my selfe and other of his Officers and Souldiers, pay ready money for a great part of it, to their extraordinary &illegible; provoking them thereby to mutiny, and so full was he of arrogancy pride and contention (contesting with and, or most of the chiefe Commanders there) that Sir Iohn Mildrum told me, that he &illegible; such a fire of contention amongst them that he dorst scarce call a Councell of Warre to confuse how to manage their busines, for fear King should set them all together by the carres, and so destroy the busines, being there continually in contestation with my Lord willoughby, Col. &illegible; Sir Mytes Hubbard, Sir Iohn Pagraffe and divers of the Lincoln Committee &c. which did so trouble and distract the old Knight Sir Iohn Meldrum, our commander in chiefe, that he knew not well what to do, when Rupert came upon us, by reason of our own distractions a-among our selves.

And I dare confidently averre it upon my conscience, that hee (namely King) was one of the greatest instruments of our overthrow and ruine, and therefore if Thomas Earle of Lancaster, (as Mr. Prinne in the a page of the foresaid booke recordeth) was proclaimed a Traytor, by the whole Army in the 12. yeare of King Edward the second; for departing in discontent from the Army, at the siege of Barwick, by meanes whereof it was not taken, and the siege raised; then I desire to know what Colonell King deserveth, that at the siege of Newark carried himselfe so, that hee did raise discontents, and little better then mutinies, by meanes whereof the siege was not only raised, but the whole Army in a manner destroyed, to the extraordinary danger of the whole Kingdome.

I also told my Lord that after the articles of agreement was concluded, Colonell King commanded, (and in a manner forced me) contrary to the Agreement, to march away his Regiment in a hostill manner, with their armes, &c. by meanes of which we were set upon by their horse, and forcibly disarmed, which did also occasion the plundering of us, as violaters of our Covenant and contract; to the disparagement of the whole army, yea, and the Parliament it selfe, and to the extreme hazard and danger of abundance of our lives; yet King was so honest, and valiant, that as soone as he saw the storme fall upon us, he fairely left us, and shifted for himselfe, without being plundered as we were, at which bout I lost well nigh 100 l, being plundered from the crowne of my head to the sole of my soot.

I further told him, that the Towne of Boston had been in extreame danger, for after &illegible; was discerted, and Ruperts forces possessed of it, and daily newes brought into Boston, that Rupert would affault it on both sides the river; I moved Colonell King, that seeing the armes of his owne Regiment &c. was lost, and he in no possibility to defend the Towne of himselfe at the present, that therefore (the Towne being of that consequence, that if it should be lost, the Enemy might presently make it, the absolutest strong Towne in England for themselves) that he would forthwith send to Colonell Walton, then Governour of Linne, to intreat him to land him at his great need and strait 4. or 500 men, to defend the Towne, till such time that he could get his owne Regiment againe together, which he absolutely refused, and told me plainly that he would never send for another to command and affront him in his owne Jurisdiction, which the Linne men would do, (he said) if they come, at which I being excreedingly troubled, that he should preferre his owne domination before the preservation of so considerable a Towne and Garrison, it made mee beleeve hee intended to betray it.

Whereupon I went to Mr. Major, then as I remember, at Alderman Tilsans, and told them both, with some others, that their Towne was in extraordinary danger to be lost, and they all undone, if they did not looke about them presently, and told them all the discourse I had had with their unjust oppressing Governor, and told them I conceived all was not right, and therefore I judged my self bound in duty and conscience both before God and man, to tell them what I apprehended of things, and how neare their danger and ruine was at hand, and if they would not helpe to save themselves according to the law of Nature, their ruine be upon themselves; they desiring of me to let them know, what I would advise them to, I told them my advise was, for as many of them to go with me to Colonell King, once againe, as they thought sit, and let us joyntly presse him to send to Linne for men, and if he would not do it, that then we might do it without him.

Vpon which, we went, and at first found him obstinate till (as I remember) Alderman Tilson could him that if he would not joyne with them, they would write to the Governour without him) upon which he was drawn to subscribe, but my Lord of Manchester and the Governour of Lyne, or some others in authority; being mindfull of us in our straits, had ordered Col. Waltons Major, Major Franckling, a stout and gallant man, with about 400. men, to come by Sea to us, & as I remember, his orders were, that he should secure Boston; upon the arivall of whom, Col. King immediately commanded them out of the Town, to go and besiedge Crowland, which a litle before by treachery or his own absolute wilfull negligence, he had given up unto the declared Traytors, and professed enemies of the State and Kingdome.

Of which as soone as I fully understood, I went to Major Frankling, and desired to see his order by vertue of which he came to Boston, and told him how things stood with us, and in what temper I conceived my Colonel to be, and therefore entreated him to be sensible of the trust reposed in him, and of his own Honour, and reputation, professing unto him, that if he at the command of Col. King, marched away with all his men, considering his orders; and the condition which the Town was in, I should look upon it as a meer design betwixt him and Col. King to betray the Town indeed, telling him how weak and unfortified the Towne was, in a manner all round about, being in divers places easy for a man with a Pike staffe to leap over it, and therefore there was no way in the eye of reason to preserve it, seing the Enemies intention (as wee heard) was to fall upon it, unlesse his men stayed in it, or at least the major part of them.

Whereupon he went to Col. King, and (as I remember) in Alderman Tilsons Hall, debated with him his positive command, and with much a doe prevailed that himselfe and a great part of his Soaldiers should stay to defend the Town, and my selfe being left by Col. King, with the consent of the Major and Aldermen, to take care of the towne, I went to Major Frankling, and desired him to go with me to Colonell King, to know what Amunition he had in his Magazine, who assured us upon his reputation, that he had a hundred barrels of powder, and all things fitting besides, and therefore bid us take no care for Ammunition and, being very busie in sending away men, guns, &c. to the intended leaguer of Crowland.

I did not go to the Magazine, to see whether be had told us truth or no, he having taken a quantity of powder with him, and another sent him, he sends his warrant to the Magazine Keeper, for ten barrels more, nor signifying one word of his mind to me, who was then betrusted with the Towne, upon the reciet of which old Mr. Coney the Magazine keeper, came and told me that he had received an order from the Colonell, to send him ten barrels of powder, and saith he what shall I doe, for there is but ten barrels in all in the Magazine.

At the hearing of which I stood amazed, and could him it could not be possible, for (said I) such a day I went to the Colonell with Major Frankling, and he did assure us that he had 100. barrels in store, but Mr. Coney assured me, that there was not one more then 10, the which if wee send to him, there is none to keep their guards (saith he) I asked him if there were not a private store-house for powder, and he told me none at all, then we began to reckon how many barrels were gone out, since he assured Major Frankling and my selfe that he had 100 in store, and all that both the Magazine Keeper, and my selfe could reckon, with those 10 in his hands, and all he had since that day delivered out was (as I remember) 24 or 26:

Whereupon I went to Alderman Tilsons, and asked him whether the Major, himselfe, and the rest of his Brethren, had not a private Magazine, and he told me no, but asked me wherefore I demanded such a question of him, whereupon I could him all the story, &illegible; which he stood amazed, and from him I went to Colonell Kings wise, and desired to know of her, whether shee knew of any private Magazine of powder that her husband had, and shee told me no.

Then I told her all the businesse, and said to her, that I wondred her Husband should assure Major Frankling and my selfe, that he had 100 barreles of powder, when he had but 28, and that he should send for all that he had left, out of the Garison, assuring her that if the ten barrels he had sent for, should be sent him, we should not have one left in the Magazine to defend the Towne with, being then in expectation of the Enemy to Assault us, I told her for my part I could not pick out the English of it.

And I being by the Generall sent post to London to the Committee of both Kingdome, about his marching to take Lincolne againe, and from thence to march to York, to joyne with the Scots, I in the third place ceased not to put that (which lay upon me as a duty) forwards, as soone as an opportunity served, and renewed my complaint against him at Lincolne, and desired it might receive a faire hearing before the Generall and a Counsell of Warre, and that justice might be done according to the rules of Warre, and Mr. Archer and others of the Committee of Lincolne, drew up a very bainous charge against King, and laboured hard for a triall, and in the third place the Major, Aldermen, and towne Clerke, of Boston, came to Lincolne with their Articles against him, which were home enough, and to my knowledge pressed Leu. Gen. Cromwell, to use all his interest in my Lord, that they might be admitted to make them good, before him, and a Counsell of warre, but we could not all prevaile, the reason of which I am not able to render, vnlesse it were that his two Chaplains &illegible; and Garter, prevailed with the Earles two Chaplaint, Mr. Ash and Good, to cast a cleargy mist over their Lords eyes, that he should not be able to see any deformity in Colonell King, but this I dare confidently say, if there we had, had but faire play, and justice impartially, King had at surely dyed, at ever malifactor in England did, and to use the words once againe of his owne bosome friend, and Counseller, Mr. Prince, in page the 6 of the fore cited book, if the late Baron of Graystock, who was a Lord, and one of the &illegible; of the Realme, and had taken upon him safely to keep to the a foresaid Grandfather (King of England) the towne of Barwick: The said Barron perceiving afterward, that the said Grandfather, addressed himselfe to ride into France, the said Barron (without command of the said Granfather) committed the said towne of Barwick to a valiant Esquire Robert Deogle, as Leiu. to the said Barron, for to keep safe the towne of Barwick to the said Grandfather, and the said Barron went as an horse-man to the said parts of France, to the said Grandfather, and there remained in his company. Daring which time an assault of warre, was made upon the said Towne of Barwick, by the said Scott, and the said Robert as Leiu. to the said Barron, valiantly defended the same, and at last by such forceable assaultes, the said Towne was taken upon the said Robert, and two of the sonnes of the said Robert there staine in the defence of the same, notwithstanding that the said Barron himselfe, had taken upon him the safeguard of the said Towne, to the said Grandfather, and departed himselfe without command of the said Grandfather, and the said towne of Barwick lost, in the absence of the Barron, he being in the company of the said Grandfather, in the parts of France, is aforesaid, It was adjudged in Parliament, before his Peares, that the said Towne was lost, in default of the said Barron, and for this cause he had judgment of life, and member, and that he should forfeit all that he had. I say if this Lord, deserved to dye who left a Deputy so manfully to defend the Towne, and also was himselfe with the King in the service, much more King, meerly in reference to Crowland singly, who being Governer thereof, and having placed Captaine Cony therein as his Deputy, with a company of men, sent for him in a brave to humour to Newwarke, when he had no urgent necessity for him, unlesse it were that the world might see the bravery of his Regiment, wch by his agumentation imounted to about 1400, when Cap. Cony certified him, that the Towne being generally Malignant &c would be in great danger by the Beverkers of being lost if he should come away, yet notwithstanding King sent to him againe, and did command him away, and put in a guard of slander and unlase men, which presiged alosse of it to the Committee residing in Holland, upon which they acquainted &illegible; Gennerall; &illegible; then Deputy, Governour of the Ile of Ely, and &illegible; &illegible; him to send a strong guard to preserue and keep it, and he accordingly sent (as I remember) Captaine Underwood, astout man with about a 100 souldiers &c. of which when King heard, he was exceding mad, and did write a most imperious bitter letter, to command them out of his Jurisdiction, where upon they were necessitated to depart, and leave Crowland to his owne slender and &illegible; guard, by meanes of which, within a little while after the Enemy had advantage to supprise that Towne without oposition or difficulty, and did it, so that to speake in the words of the Articles remaining in Parliament against him, he betrayed that Towne, which was not &illegible; without much hazzord and losse, the expence of a prear deal of treasure and many mens lives, the blood of all which &illegible; upon his head, for the lesse of which alone (&illegible; his treachery both to the state universall and representative) he ought to dye without mercy, by the Morall and undispensable Law of God, made long before that ever the Jewes were a Nation, or had any Ceremoniall Law given unto them, which Law is expressed in Gen 9 5, 6. where God speaking to Noah and his sons, saith thus: “And surely your blood of your &illegible; will I require: at the hand of every beall will I require it, and at the hand of man: at the hand of every mans brother will I require the life of man.

Who so shed &illegible; &illegible; by man shall his blood be shed, for in the Iueage of God made be man, reade Revel. 13. 10. But King, though his owne hands did not murder the souldiers that lost their lives in taking it in againe, yet he was the true fountaine and cause wherefore their blood was shed, Deut. 22. 8. Judg. 9. 24. 2. Sam. 12. 9. having apparently, by his wilfulnesse and treachery, lost the Towne; and therefore, wilfull blood being upon his &illegible; he ought to make a legall satisfaction, and &illegible; by his owne blood: I wish with all my soul: the Parliament (your Lordship, and all the rest of the Judges of this Kingdome) would seriously consider and ponder upon this unrepealable law of God, that so wilfull murderert and blood thirsty men might not escape the hands of Justice, and so bring wrath from God upon the whole Kingdome, Gen. 4. 10, 11, 12. Deut. 19. 10. Pial. 206. 38. Jer. 7. 5, 6. and 19. 2. 4. Lament 4. 13, 14. &illegible; 4. 2, 3. Joel 3. 19. &illegible; 2. 8. which cannot be expiared but by the blood of him that shed it, &illegible; 35. 33. Deut. 19. 12, 13. &illegible; Sam. 4. 11, 12, 1 King. 1. 5. 6. 31, 32, 33. and 21. 19. and 2 King. 9. 7. 8, 9, 10. 36. 33. and Chap. 14. 2, 3, 4. but especially that you would thinke upon the grand Murtherer of England (for by this impartiall Law of God there is no exemption of Kings, Princes, Dukes, Earles, Barons, Judges, or Gentlemen, more then of Fisher-men, Coblers, Tinkers, and Chimney-sweepers) upon whose shoulders all the innocent blood that hath in such abundance been shed in this Kingdome, &c. Iyes, for which reckoning I am sure the score is not acquitted in the account of God, nor ought it not to be in the account of man, For if the innocent and righteous blood of our Abel, cry’d so loud for vengeance in the eares of God, against Cain, that God cursed him and all he went about: How much more will the blood of thousands, and ten thousands of innocent persons, that hath been lately shed in England, cry loud in the eares of God, for wrath and vengeance against those that have been the true &illegible; and cause of it, for shed it is, and upon some body the guilt of it lyes; and therefore it is but a solly and madnesse, for the King, Parliament, or People, to talke of peace, all inquisition be made for Englands innocent blood, and Justice done upon the guilty, and wilfull &illegible; of it, for besides the Law of God in Gen. 9 he saith plainly, Numb. 35. 31. That there shall no satisfaction be taken for the life of a murtheres, but that he shall surely be put to death, and in vers. 33. God declares that the shedding-innocent blood &illegible; and polluteth a Land, and that, that cannot be cleased of the blood that is shed therein, but by the blood of him that shed it, and for the innocent blood that &illegible; &illegible; in Jesus &illegible; (although a King) God sent bands of the Caldeans, Syrians, Moathies, and Ammonites to destroy Judah, an remove them out of his sight, for the sinnes of &illegible; their King, and for the innocent blood that he had shed, (which the text saith) The Lord would not pardon, 2 King. 24. 2, 3, 4. “Yea, and because Saul (though a King) slaw some of the &illegible; contrary to the Covenant made with them, God sent afamine upon all Israel for three yeares, for that very innocent blood shed by the King, and there was no expiation, or satisfaction to be made therefore, but by the blood of him that had shed it; and therefore because he himselfe was dead and his blood could not be had, seven of his sons (of his owne blood) must and was hanged up to make satisfactions therefore, Saw. 2. 21. 1, 2, 3, 4. to the 9.

My Lord, the unsufferable provocation of Colonell King, forceth me to present these lines unto you, and I doubt not, but these will tend to his long deserved ruine; and therefore to speake in the words of his friend Mr. Prinne, in a case of the like nature “It is the just hand of God, many times so farre to dementate the very wisest politirians, as to make themselves the principall contrivers of their owne infamy and ruine: for his Knavery, lying in a hole as it were, now he hath by his awesting mee, and bringing me before your Lordship (who I conceive have nothing to do with the businesse, being it is dependant in Parliament the supream Court of the Kingdome,) necessitated me to publish the whole state of the businesse betwixt him and me to the view of the world, because at your Barre I cannot make a plea at large to the whole &illegible; of the Articles, but must be tyed up, as I am told, to a single plea, that is to say, to plead either guilty, or not guilty, unto which I cannot without snares yeeld unto, besides I must, as I am told, plead at your Barre by Serjeants at Law, none of which I know, and therefore will not trust them, come ruine and destruction, and whatever will of me. Againe, my Lord, I must there be tryed by a Jury that neither knowes mee, nor I them, nor knowes any of Kings habituated knavery, nor understands any thing of Martiall Law, the only rule to try him and me in this case, and that which is &illegible; of all, they are chosen (as I am told) by the under Sheriff, of which kind of creatures I never heard any great commendation for their honesty, but have heard of much judging and packing betwixt them and such kind of crafty and large conscioned fellowes, as my Adversary King the Lawyer is, Againe, my Lord, that which is the greatest mischiefe of all, and the oppressing bondage of England ever since the Norman yoke, is this, I must be tryed before you by a Law (called the Common Law) that I know not, nor I thinke no man else, neither do I know where to find it, or reade it, and how I can in such a case be punished by it, I know not: For, my Lord, I have been with divers Lawyers about this very businesse, I cannot find two of them of one mind, or that can plainly describe unto &illegible; what is the way of your goings; so that I professe I am in the darke amongst briers and thornes, and fast in a trap by the heeles, and enemies round about me ready to destroy me, if I be not very wary with my tongue and which way to get out, or how, or to whom to call to for help I know not, for such an unfathomable gulfe have I by a little &illegible; found, the Law practises in Westminster Hall to be, that seriously I thinke there is neither end nor bottom of them, so many uncertainties, formalities, puntillo’s, and that which is worse, all the entryes and proceedings in Latine, a language I understand not, nor one of a thousand of my native Country men, so that my Lord, when I read the Scripture, and the House of Commons late &illegible; Declaration, it makes me thinke that the practizes in the Courts at Westminster, flow not from God nor his Law, nor the law of Nature and reason, no nor yet from the understanding of any righteous, just or honest men, but from the Devill, and the will of Tyrants.

First my Lord, the House of Commons declaration April 17. 1646 tels me, that their intentions are not to change the ancient frame of Government within this Kingdome, but to obtaine the end of the Primitive institution of all Government, the safty and weale of the people, (atmost goulden saying) but I am sure it cannot be for the peoples safety, nor welfare, to have their lives, liberties, and estates, Judged by a laws the &illegible; and proceedings of which are in Latine, and so without there understanding, there cases in Heathen Greeke or Pedlers French, and so beyond their knowledg, and man of their rules in the orracles of Judges breasts, whose Judgments many times have been destructive to the lives liberties and estates, of all the free men of England, witnesse there late Judgment in shipmoney &c. neiteer are such practices agreeable to the Ancient constitutions of Kingdoms.

And secondly when God gives his law unto the sonnes of men, he doth it plainly, without ambiguous termes, and in their &illegible; language, as first for Adam, the law God gaue him was plaine and short, with a declared penalty annexed unto it, Gen. 2. 16. 17. And the Lord God commanded the man, saying, of every tree of the Garden thou mayest freely care. But of the tree of the knowledge of good and evil, thou shalt not eat of it, for in the day thou eatest thereof, thou shalt surely die. And his law in the 9. of Gen. about murther is as plaine as this, for who so sheadeth mans blood (saith he) by man shall his blood be shed, for in the Image of God made he man, and so likewise when God comes to give a law unto &illegible; as a nation, yea and that law which we call the Morrall law, and observe as binding to us to this day, he doth it in plaine words, without ambiguous or doubtfull &illegible; short and in their owne tongue Exo. 20 and that the people might be at a certaintie, Moses as his Minister, and officer, writ, and reade it in the audience of the people, unto which they &illegible; their consent, Exo. 24. 4. 6. and after that God writ them himselfe with his finger, and delivered them to Moses. that so the people might be taught them, Exo. 24. 12. & 31. 18. and chap. 34. yea, and in this plainnesse, was all the &illegible; God &illegible; unto them, which he did not only barely take, and so let the people goe seeke them where they could find them, but he also with Majestie, proclaimes them openly and as if that were not enough, that so they might know the Law and not in the least plead ignorance of it, Moses declares it to them againe, and againe Deu. 5. & chap. 6. & chap. 9. & 11. Yea and commands them to reach their Children, and to speak of them, when they sit in their house, and when they go abroad, and when they &illegible; downe, and rise up. yea and that they should &illegible; them upon the posts of their houses, and up in their gates Deu. 11. 19. 20. yea and that they should write them very plainly Dent. 27. 8. and the reason is because the just God hath done, and will doe just and righteous things, and will not be so unjust as to punnish men for &illegible; a law they know not, and therefore saith Moses to Israel in the behalfe of the just God, and his law, Its not hidden from thee, neither is it farre off It is not in Heaven, that thou shouldest; say who shall go up for us to Heaven, and bring it unto us, that wee may heare it, and doe it; neither is it beyond the Sea, that thou shouldest say, who shall go over the Sea for us, and bring it unto us, that wee may heare it, and doe it: But the word is very high unto thee, in thy mouth, and in thy heart, that thou must doe it, so (saith he) I have set before thee this day &illegible; and good, death and evill &illegible; 30. 11. 12. 13, 14. 19. yea and that the generations to come, might not think that God dealt &illegible; with them, in exacting obedience from them, who lived nor in Moses &illegible; to heare the Law so sollemoly &illegible; he delivers it a stnading Law (in future generations) unto the Priests Elders, and people, that at the end of every seaven Yeares, in the solemnity of the yeare of release, in the feast of Tabernacles: When all I shall is com to appeare before the Lord thy God, in the place which he shall choose: Thou shalt read this Law before all Israell in their &illegible; Gather the people together, men and women, and children, and thy stranger that is within thy &illegible; that they may heare, and that they may learne, & feare the Lord your God, and observe to doe al the words of this Law: And that their Children which have not knowne any thing, may &illegible; and learne to feare the Lord your God, as long as you live, Deut. 31. 9. 10. 11. 12. 13. So wee see how just and exact God is to the people, in giving them a short, plain and easie to be understood Law, in their owne tongue, and not in the language of strangers, and what care be takes to have it published and taught unto the people.

But if wee will but impartially read our English histories, wee shall clearely find, that the tedious, unknowne, and impossible to be understood, common law practises in Westminster Hill, came in by the will of a Tyrant, namly William the Conquerer, who by his sword conquered this Kingdome, and professed he had it from none but God and his sword Danniel 42. subdued their honest and just law (Speed 424.) cummonly called the law of Edward the Confess and as Daniel saith fol. 44. set up new termes, new constitutions, new formes of pleas, new offices, and Courts, and that whereas (saith he fol. 46) before the causes of the Kingdome were determined in every Shire, and by Law of King Edwad se. all matters in question should upon especiall penalty, with out further deferment, be finally deculed in their Gemore or conventions held monthly an every hundred, he ordained, that fower times in the yeare for certain dayes, the same businesse should be determined in such place as he would appoint, where he constituted Judges to attend for that purpose, and others from whom, as from the be some of the Prince, all litigators should have justice, and from whom was no appeale, and made his Judges (saith Martin in his history folo 5.) follow his Court upon all removes, which tired out the English Nation, with extreordinary troubles and excessive charges in the prosecution of their suites in Law, and saith fol 4. he also enacted, and established strait and severe Lawes, and published them in his owne language (as all the practizes of the Law, and all petitions and businesse of the court were) by meanes whereof many (who were of great estate, and of much worth) tough ignorance did transgresse, and their smalest offences, were gerat enough to intitle the Conquerour to the lands, and riches which they did possesset all which heseized on and tooke from them without remorse.

And although the agrieved Lords, and sad People of England, humbly petitioned him, that according to his oath (twice formerly taken) that he would restore them the Lawes of St Edward, under which they were born and bred, and not adde unto all the rest of their misery, to deliver them up to be judged by a strange Law they understood not, whose importunity so faire prevailed with him, that he tooke his oath the third time, to preserve their Lawes, and liberties, but like a prejur’d Tyrant, never observed any of his oaths, and the same (saith Danul Fol. 43.) did Henry the first, Henry “the second, and King Iohn. &c. and yet notwithstanding these followed (saith he) a great innovation, both in the Lawes and Government of England, so that this seems rather to be done to acquit the People, with the show of the continuation of their ancient Customes and Liberties, then that they enjoyed them in effect. For the little conformity between them of former times, and these that followed upon this change of State, and though there may be some veines issuing from former originals, yet the main stream of our Common law, with the practice thereof, flowed out of Normandy, notwithstanding all objections can be made to the counary, and therefore I say it came from the Will of a Tyrant.

But it may be objected, that the Law it selfe, is not now either in French or Latine, and therefore not so bad as you would make it.

I shall answer in the words of Daniel, Follio 251. That it is true, upon the Petition of the Commons to Edward the third, He caused Pleas which before were in French, to be &illegible; in English, that the Subjects might understand the Law by which he houlds what he hath, and is to know what he doth, a blessed Act, and worthy so great a King; If he could thereby have rendred the same also perspicuous, it had been a worke of eternall honour, but &illegible; (&illegible; he) is the Fate of Law, that in what language soever it speaks, it never speaks plain, but is wrapt up in such difficulties and misteries, (as all &illegible; of profit are) as it gives more afliction to the People, then it doth remedy, & therefore when Magna Charta, after many a bloudy &illegible; and the purchase of many hundred thousands of pounds, was obtained and confirmed by Edward the first, in the 27. year of his Raign, divers Patrons of their Country, as Sir Edvvard Cook. in his Proom before the second part of his &illegible; declares, that after the making of Magna Charta, &c. divers learned men in the Lawes, (that I may use the words of the Record) kept Schooles of the Law in the &illegible; of London, and taught such as resorted to them, the Lawe, of the Realm, taking their foundation from Magna Charta, and Charta de Forrestis, which the King sought to impeach, and therefore, in the 19th yeare of his Raign, by his Writ, commanded the &illegible; and Sheriffes of London, to suppresse all such Schooles, under great penalties, (such &illegible; are Tyrants, to the Peoples knowledge & understanding of their Lawes and Liberties, that so they may rule by their wils and pleasures, for the impugning and &illegible; of which &c. this wicked and leud King, was dis-throned, at the doing of which, he confessed, that he had been mis-guided, and done many things &illegible; of now (too late) &illegible; repented, which if be were to govern again, be would become a new man, and was most sorrowfull to have offended the State, as it should thus utterly reject him, but yet gave them thanks that they were so gracious unto him, as to elect his eldest sount for King.

And Henry the third in the 7. 8th yeares of his Raigne confirmed the great Charter, which notwithstanding he continually broke them, and fetcht over the Poictonians, by the advice of his evill Councell, to over-awe his People, and &illegible; late their Liberties, wherefore his Nobles &c. sent him expresse word, That unlesse he would omend his doings they would expell him and his evil Counceltors out of the Lord, and deal for the creation of a new King, Daniel. Fol. 154.

But I desire not to be mis-understood, for in the harshnes of my expressions against the Common Law, I put (to J conceive) a cleare distinction of it, from the Statute Law, which though there be many faults in it, as I could easily show, yet I desire not here to say any greater evill of it then this, that the 28, 29. Chap. of Magna Charta, the Petition of Regir., and the late Act for &illegible; the Star-Chamber, are gallant Lawes, and &illegible; I can find in the whole vollnmnious Booke of &illegible; for in my apprehension they &illegible; &illegible; short, in a sufficiently providing for that which lately the Honourable House of Commons saith is the end of all Government, (the safety and weale of the People, so in my judgement, they do not positively and legally hold out a sufficient security to hedge &illegible; to keepe in peace and to preserve the splendor and glory of that underived &illegible; and King ship, that inherently resides in the People. or the State universall, (the representation or derivation of which, is formally and legally in the State &illegible; &illegible; and none &illegible; (whose actions ought all to tend to that end) against &illegible; &illegible; usurpations, and violence of all it’s creatures, officers and Ministers, &illegible; the number of which are Kings themselves, from whom, and for whome they have all their Power and authority, as the executions of their will and mind, for their good and benefit, to whom they are accountable for the faithfull discharge of that trust reposed in them, as not onely Scripture, but nature and reason, dothfully prove, yea, and our own writers, especially the late Observator, and Mr. Prinne, in his Soveraign power of Parliaments, and Kingdomes, printed by speciall authority from the house of Commons.

1. Although Magna Charta be commonly called the English mans inheritance, because it is the best in that kind he hath, and which was purchased with so much brave English bloud, and money, by our fore-fathers, before they could wring it out of the hands of their tiranicall Kings (the successours of William the Conquerer) as I have largely elsewhere clearly manifested, yet alas in my aprehension, it falles short of Edward the Consissours lawes, which the Conquerer rob’d England of, and in stead of them, set up the dictates of his own will, whose Norman rules, and practizes to this day yet remaines in the administrations of the Common Law at Westminster Hall, by reason &illegible; their rediousnesse, ambiguities, uncertainties, the entryes in Lattine (as bed as the French) because it is not our own tongue, their forcing men to plead by Lawyers, and not permitting themselves to plead their own causes, their compelling of persons to come from all places of the Kingdome, to seeke for justice at Westminster, which is such an iron Norman Yoke, with fangs and teeth in it, that if wee were free in every particular elce, that our hearts can thinke of, yet were we slaves by this alone, the burthen of which singly, will pierce and gail our shouldiers, and make us bow and stoop to the ground, ready to be made a prey, not onely by great men, but even by every cunning sharking knave.

O therefore that your Lordshp would desire and solicite our honourable Parliament, according to the late Declaration, forever to annihilate this Norman innovation, and reduce us back to that part of the ancient frame of government in this Kingdome. before the Conquers dayes, and that wee may have all causes and differences decided in the County, or Hundred, where they are committed, or do arise, without any appeal but to a Parliament, and that they may monthly be Iudged by twelve men, of free and honest condition, chosen by themselves, with their grave or chiefe Officer amongst them, and that they may sweare to judge every mans cause eright, without Feare, Favour, or affection, and then farewell jangling Lawyers, the wild-fire destroyers, and bone of all just, rationall, & right governed Common-wealths; and for the faciliating of this worke, and the prevention of Frauds, I shall onely &illegible; of Mr. Iohn Cooks words a Lawyer of Grayes Inne, in the 66. page of his late published Booke called a vindication of the proffessors, and presession of the Law, where he prescribes a ready remedy against frauds, which is that there might be a publique Office in every County, to register all Leases made for any Land, in that County and also all Conveiances whatsoever, and all charges upon the Lands, & all Bonds, and Contracts of any valles, for (saith he) it is a &illegible; matter, to findout all Recognizances, Iudgements, extents, and other charges, and too chargeable for the Subject) that for 12d. or some such small matter, might know in whom the interest of Land remaines, and what incumbrances lye upon it, and every estate or charge not entred there to be void in Law, and that the country have &illegible; chusing of the Registers in their respective Counties once a yeare, upon a fixed day, and that they have plain rules &illegible; &illegible;, made by the authority of Parliament, and severe penalties nocted for the transgressing them.

My Lord, I hope you will not be offended at me for my plainesse, especially if you consider the necessities laid upon me, for I professe really, I am not able to imagine any other remedy for my preservation but this, (having had my Petition about this businesse, above a month in divers of my friends hands in the House of Commons, but cannot get it read.

And having contested this 7. yeares, with all sorts, and kind of persons, that would destroy me, and having often been in the field, amongst Ballets and Swords, to maintain the Common Liberties and Freedomes of England, against all the traytorly oppugners thereof, and having by the goodnesse of my God, escaped many dangers and death, and being in my own apprehension, ready to be ruinated and destroyed, by a weapon, inferior to a Taylors Bodkin, (namely) a Formallity, or Puntillo in the Law, it hath ronzed up my spirits, to charge it with a Souldiers pure resolution, in a new and unwonted manner, being necessitated to cast all care behind me, and say unto myselfe, that as hitherto I have not lived by any mans favour and grace, so, for my own safety, I will now be affraid of no mans indignation or displeasure, cost what it will, and if J perish, I perish.

2. &illegible; your Lordship, or any other great man, be moved with choller or indignation against me, (as I desire you may not) and shall, endeavour to doe me a mischiefe, for this my plain, dealing, I hope I shall be kept out of danger, by the authority of the Parliaments own Declarations, but especially by those words of theirs, in their exhortation to men to take their Covenant, which are thus.

And as for those Cleargy men, who pretend, that they (above all others) can not Covenant to extirpate Episcopall Government, because they have (as they say) taken a solemne hath to obey the Bishops, in lieitis & honestis, they can tell and if they please, that they that have sworn obedience to the Lawes of the Land, are not thereby prohibited from endeavouring by all lawfull we &illegible; the abolition of those Lawes, when they prove inconvenicue &illegible; mischievous &c.

And I am confident, that if J fall into the hands of those that made the Covenant, (who are the firtest interpreters of it) I shall doe well enough; But from the Sect of the Adamites, that would have no man live in England that are honester then themselves, and from the late London Remonstrators, that would have all men disfranchized (although never so honest) that are not of their minds, and Judgements, and who doe, and would rob the representative body of all the Commons of England, of their Legislative power, and from the Executors of strange and unknown Lawes, which destroy and undoe men, (though never so upright) by formallities and puntillo’s, good Lord &illegible;

Your Lordships Servant, and a true bred Englishman,

JOHN LILBVRNE.

From my House in Halfe-Moon
&illegible; &illegible; Petry-France, &illegible; Bishops
&illegible; Lond. Iune, 6th 1646.

The forementioned Petition thus followes,

To the Right Honourable, the Representative Body of the Commons. OF ENGLAND: In Parliament assembled. The humble Petition of Lievt. Col. Iohn Lilbvrne,

Sheweth,

THat upon the differences betwixt the King, and Parliament, the Commons of England, for the defence and preservation of their Lawes and just Liberties, by authority of Parliament were necessitated to take up Armes, for the suppression of the Forces raysed by the King. In this Warre against the Parliament, the Forces raysed by the King. In this Warre against the Parliament, the Forces raysed in the Eastern Association, were committed and entrusted under the command of the Earle of Manchester, as Major Generall there, from whom your Petitioner had a Commission to be Major to Col. King, and particular instructions, and private directions, from Lievt. Gen. Crumwel, to take and give unto them, or one of them, (upon all occasions) Information, and Intelligence, of the State and condicion of Liccoln-Shire, under the command of the said Colonel King, and of the cariage and, behaviour of the said Col. King, towards the Country, and Souldiery, and how he discharged his place and trust. Which your Petitioner with all faithfulnesse and diligence did accordingly, to his extraordinary expences, not neglecting any advantage, or oportunity, which might further the publicke service, or discover the designes of the Enemy, or the said Col. Kings miscariage and neglect, of his trust and duty, the said Col. King taking upon him anunlimited and unwarrantable power destructive to the trust reposed in him.

&illegible; upon your Petitioners discovery and making known both unto the Earl, & L. Gen. Crumwel, (according to his instructions and trust reposed in him) the malignancy, insolencies, and unfaithfulnesse of the said Col. King, to the State, in the neglect of his charge, & his bad usage of the Country, to the great dis-service of the Parliament, and danger of the losse of the whole Country, (Crowland being by him betraid unto the Enemy, and was not regained, without great charge and hazard, yea; and the losse of many mens lives, the said Col. King was thereupon discharged, and put out of all his commands, and offices, (being then very many, and profitable) but was not brought to tryall for his said offences, at a Councell of Warre, which your Petitioner and others much endeavoured to have done. Whereupon Mr. Miessenden, Mr. Wolley, & divers others (Gentlemen of quality) of the Committe of Lincoln, in August 1644. exhibited to this Honourable House, severall Articles, (since printed) a Coppy whereof is hereunto annexed, against the said Col. King, thereby chargeing him with severall Treasons, Insolencies, setting up and exercising an Arbitrary, exorbitant, and unlimited power, over the Country, and Souldiery, with many other insolencies, and foule misdemeanors, all which are yet depending before this honourable House, and not yet determined, being some of them, for, or concerning the losse and surrender of Townes to the Enemies, through his treachery or negligence, and so the offence Capitall, and properly examinable, and onely tryable in Parliament, as appeares Rot. Parl. 1. Rich. 2. Nu. 38. 39. 40. Rot. Parler. Rich. 2. Num. 17. 22.

Now the said Col. King, being privie to his owne guiltinesse, and well knowing your Petitioner to be a principall witnesse for the proofe of divers of the said Articles, out of his mallice and wickednesse to your Petitioner upon a groundlesse complaint, & untrue surmises, made by him to this Honourable House, in &illegible; last, procured your Petitioner to be committed to the custody of the Serjeant at Armes, attending this honourable House, your Petitioner being thence removed to Newgate, but he, nor any other, prosecuting any charge against him, after he had lyen about 13, weakes there, he was discharged of his imprisonment by order of this House.

And the said Col. King, the more to vex, and unjustly trouble your Petitioner and to the end to take away his testimony, and deterre others from appearing against the said Col. King, upon his tryall upon the said Articles, a little before Easter Tearme last, caused your Petitioner to be arested at his own suite, upon an action of 2000l, for pretended words, alleadging by his Declaration, that your Petitioner should have said that the said Col. King was a traytor, and he gives forth in speeches, he will undoubtedly recover the same against your Petitioner, and thereby utterly ruine, him, and is indeed verry likely to doe the same, by these his sinister practizes, if by this Honourable House, your Petitioner be not relieved & protected, according to justice and equity.

Your Petitioner therefore humbly desires this Honourable House will be pleased, in regard your Petitioner hath not done or said any thing against the said Col. King, but what will be proved when he shall be brought to Tryall before this honourable House, upon the said Articles and Charge; and for that your Petitioner cannot at Law give any Plea in Bar, or justification of the words pretended to be spoken by him, untill the said Col. King be either convected, or acquitted upon his Tryall, upon the said Articles and charge, to give Order, and direction to the said Col. King, and to the Iustices of the &illegible; of Common Pleas, (where the Action dependeth) to &illegible; and no further proceed upon the said Action of 2000l. against your Petitioner. And for the good, and satisfaction of the Kingdome, and the &illegible; and vindication of your Petitioners integrity and faithfulnesse in what he hath said or done touching the premyses, to bring the said Col. King to tryall (in a Parliamentary way) that to be may receive condigne punishment for the injuries and wrongs he hath done, and wherewith he is charged in the said Articles.

And your Petitioner shall pray, &c.

Courteous Reader, if I had had roome here should have been an Errata, but the principall fault passed the Presse, in Page 14. line 16. read, which King Edward 2. for which the King.

Articles exhibited against Col. Edward King, for his insolencies and misdemenors in the County of Lincoln, to the Honourable House of Commons, in August 1644. by Mr. Mussenden, Mr. Wolley, and divers others of the Committee of Lincoln.

Imprimis, That to the great discouragement of the County, he doth openly declare, his slighting of all mens good affections to the Parliaments service, by expressing that he valueth not that men should do the Parliament service voluntarily, but that he would by his power force them to serve.

2. That he doth pay those great summes of money raysed by him out of the Country, onely to whom he pleaseth against all equity and justice, notwithstanding the Lord of Monchesters Order to the contrary.

3. That he hath publickly declared his slighting the ordnances of Parliament, & done very many tyranicall & arbitrary actions, by imprisoning divers persons at his pleasure, and exacting great sums of money, at such time when necessity could be no plea, with many other particulars.

4. When he was before Newark he sent for a Captain who kept Crowland, who obeyed his command, yet sent word to him of the danger that town was in, and therefore desired his second pleasure, which was that he should march, who accordingly did, the Gentlemen of the Country, fearing the enemy, procured Major Ireton to send a 100. Musqueriers to keep Crowland, which he hearing of took ill that without order from him any should come into his liberties & commanded them to be gone, who accordingly departed, the enemy presently surprized the town, and those few that he had lest in it, by which meanes he betrayed the town unto the enemy, which was not regained without much charge, hazard, and losse of many mens lives.

5. That he gives protections for securing both person and goods, to those who are professed enemies to the Parlament.

6. That he imployeth such officers, as are altogether unfit for the Countryes service.

7. That he doth most grossely and unworthily affront and abuse the wel-affected Gentry of the Country.

8. That he doth encourage desperate Malignants, and animateth them against the wel-affected.

9. That he & his officers have imprisoned men wel-affected to the Parliament, and caused their houses, chests, trunks, &c. to be searched for pewter, brasse, & linnen, and threatned that they would make it cost one of them his whole estate, and that one of his officer, would not take three hundrd pounds for his own satisfaction.

10. That at the &illegible; before Newark such provision as the country had voluntarily and freely sent in to Col. Kings quarters at &illegible; for the maintenance of the souldiers, his officers would not deliver without money, although they had not pay, to the extream oppression and discouragement of the Country.

11. That he sent three warrants to Capt. &illegible; at &illegible; to take away a great quantity of Wooll which was bought by Mr Rawson one of the Committee, and paid for with his own money, and so the said Rawson is likely to lose his estate, although he hath been a sufferer both for Church and common wealth this twenty yeares, and hath &illegible; him a malignant, both in his words and letters, as much as in him did lye.

12. That when the enemy took Grantham, they being &illegible; from one part of the town, wheeled about to fall upon the other side, or a place cal’d the Spittle-gate, which &illegible; being then Major of the town perceiving, commanded Col. King, being then &illegible; of a Company thereto match with his Company to defend that place, Col. King answered, that be scorned to be commanded by him, and rather then he would be commanded by him, he would take his company and let the enemy into the town, and he delayed so long, before he would go, that the enemy was entred at the said Port, before he came thither, by which meanes he betrayed that town.

13. That when Commissary Iames had brought in certain sheep from a malignant for the reliefe of the fiedge at Newarke, being then in great want, Col. King caused the the said sheep to be restored to the malignant, and told the Commisary that he deserved to be hanged, with divers other threatning and reviling speeches; notwithstanding he had order from Sir John Meldrum and the Committee for the taking of them.

14. That Colonel King having promised the Lord of Manchester to raise a great number of Horse and Foot, the said Col. King, as did appeare, not knowing how to rayse so great a number, did to the great discouragement of the Country, take this course; in the first place he cashiered Major Syler, with him three hundred Voluntiers, which served on their own charge, who with the townsmen had alwaies defended the town of Boston, that he might press them to serve under him for pay; And secondly, he did sieze upon & detain four or five of the Foot Companies belonging to the Lord Willoughby and did cashiere some of the Captaines, because they refused to forsake my Lord to serve under him.

15. That the Troopes of Colonel Crumwel, which were lost at Coleby and Waddington were treacherously or ignorantly betrayed by Colonel King.

16. That to the great discouragement of the Country, he doth oppose and quarrell, with such as have been most serviceable to the Country, and such in whom the power of Religion is most eminent (viz) L. G. Crumwel, Mr Ram and others, & that he imprisoned divers other very godly men, and that for exercising the very power of godlinesse, which he did in a very vile manner, and still continueth an utter enemy &illegible; men, as namely, L. C. Berry, Major Lilburne, Capt. Cambridge, and others.

17. That to the great discontent and discouragement of the Country, he and his Officers did quarrell with, & slight the Committee at Lincoln, which was setled by ordnance of Parl. who were men of the best estates, quallity & integrity, and such as were especially commanded to serve the Country, and publickly villifying them and their actions, and assuming their power without any authority.

18. That before this War began, he was an open and publick scoffer of religious men.

19. That he is a man of a turbulent & factious spirit, of mean condition & estate for so absolute a command, that he hath received vast sums of money, amounting to about 20000l. much of which he hath levied in an illegall and obscure way, and issued out accordingly for which it is desired he may give a speedy accompt, & likewise of the rest of his actions.

20. That in a factious & seditious manner he did employ some Agents to deliver &illegible; Ribbonds to such as would stand for him, and &illegible; themselves his friends, to the great terrour and discontent of the Country, and the hazard of raysing a dangerous mutinie.

21. That he kept about twenty men to wait on him, whom he called his Life guard, to whom he gave extraordinary pay though they were exempted from all duty, except it were to wayt upon him, advance his reputation and awe and affright the Country.

22. That he did awe and gain the Country wholly after him, and that he might with better colour &illegible; falsly stiling himselfe Lievtennent Generall of the County of Lincoln.

FINJS.


T.65 (3.6) William Walwyn, An Antidote against Master Edwards (10 June 1646).

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ID Number

T.65 [1646.06.10] (3.6) William Walwyn, An Antidote against Master Edwards his old and new Poyson (10 June 1646).

Full title

William Walwyn, An Antidote against Master Edwards his old and new Poyson: intended to preserve this long distempered Nation from a most dangerous Relaps. Which his former, his later, and next Gangrenous Book is likely to occasion, if not timely prevented. By William Walwin.

Deut. 22.33. Their Wine is the poyson of Dragons, and the cruell venime of Aspes.
Rom. 3.13. Their throat is an open sepulcher, with their tongues they have used deceit, the poyson of Aspes is under their lips.
Proverbs 22.10. Cast out the scorner, and contention shall go out: yea, strife and reproach shall cease.

London, Printed by Thomas Paine, dwelling in Red-Crosse-street, in Goldsmiths-Alley, over-against the signe of the Sugar-loafe. 1646.

The pamphlet contains the following parts:

  1. An Antidote against Master Edwards
  2. A GRAINE MORE, And no more
Estimated date of publication

10 June 1646.

Thomason Tracts Catalog information

TT1, p. 444; Thomason E.1184 [4]

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Though God hath given unto Mr. Edwards, parts and abilities, wherewithal to acquire a comfortable life, in a just and good way, and wherein hee might bee helpefull unto many, and hurtfull unto none; neverthelesse hee seemeth unhappily to have placed his contentment in being a Master and Comptrouler of other mens judgements and practises in the worship of God, (wherein the Word of God and a mans owne conscience is only to governe): and thereupon (necessarily) finding opposition from al consciensious people, hee growes most passionately impatient, and even violently madd against all such as either plead their cause, or take their part; plainly manifesting, throughout the whole course of his preaching and writing, that he would esteem it his greatest felicity, if he could prevaile with authority, or provoke any others to the perpetuall molestation and destruction, of all that will not (though against their consciences) submit to those rules which he approveth.

Now the piety and justice of this Honourable Parliament, having so lately freed this long oppressed Nation, from this very kind of Tyranny, in the Bishops and Prelaticall Clergy, and very many judicious, and considerate persons (through a blessed opportunity, freedeme of discourse, and cleerer search of Scripture then heretofore) being fully satisfied in their understandings, that to compell or restraine, any peaceable person in matters of faith, and the worship of God, is as reall a sinne, and as odious in the sight of God as murther, theft or adultery, and thereupon engaging themselves in the just defence of liberty of conscience, Master Edwards his worke (of bowing all to his rule) falls out to be very difficult, and impossible (by any arguments drawn from the word of God) to be effected, or proved just.

And this also, insteed of qualifying his spirit, or stopping him in his race, hath set him all on fire, that he rageth like an Irish, ravenous and hungry woolfe, deprived of his prey by generous and true English Mastives, that watch both night and day to save the harmlesse and benefitiall sheep (the Independants and Separatists) who from the begining of these our troubles, to this very day, have continually without repining contributed their fleece for clothing, and their limbes and lives for nourishment, and strength, to preserve not only their owne liberties, but the just liberties of this Nation; Yet nothing abateth the madnesse of this prophet; but even (as is to be feared) against his owne conscience, and as if hired thereunto by some politique Balacks, hee flieth from one hill to another, from authority to authority, hath his parables and his offerings, and Satan like, would tempt the Lord himselfe to fall downe and worship him, to go against his owne declared will, and to stir up a persecuting spirit in the Magistrate, against this his beloved Israel, to compell them to worship him (as doe the Hipocrites) against their minds and consciences, then which nothing could be more abominable in his sight.

And though he cannot but see the hand of God against him, and that notwithstanding all his opposition, or any others, the numbers of them are daily increased, and that their faithfulnesse to the Parliament & common-wealth, hath caused them to grow in favor with al the People; though (if he would speak his heart) he must as Baalam, perforce acknowledge there is no enchantment against Jacob, nor any divination against Israel; no prevailing for a coersive power, against this good people, in a time of refreshment from any just Authority: Yet persists he in his ungodly resolution, and seeing and knowing that God will by no meanes answer his eager desire, of cursing this part of his people; he seemeth to grow desperate, and like as Saul when God had cast him off, and refused to answer him, either by Urim or Vision, betooke himselfe to the witch of Endor, even so this most unhappy man, betaketh himselfe to Machivillian policy, for execution of his cruel purposes against them: and finding no just or judicious party that will afford him any countenance, or assistance, he applyeth himselfe to any that hate them, though enemies to the common-wealth, hazarding the doing of their work, so that with them, and by them, he may but doe his owne, whereunto the weaknesses of many wel minded people ministreth to great an advantage, their rashnesse and to easie credulity, being all the foundation which he hath now left, to build his hopes upon, for if these would but a while suspend their belief, and patiently consider the things he hath spoken or is about to publish, and would thereupon with-draw themselves from his wicked and delusive counsels, and insteed thereof would fall to councelling of him to forsake his violent Rayling, and reviling, of a people they know to be faithfull, it were then impossible for him to effect his unjust designes, wch also (if effected) must necessarily be the bondage or ruin of all sorts of wel minded people, as wel Presbiterians as others (however his charmings may for the present flatter them) that must and will be the conclusion, if they continue to take in his poysonous counsells, how pleasing soever they seem to a pallat corrupted by long custome; they are poysonous, and will in time both swell and destroy them.

And therefore unto this sort of people, doe I at this time principally addresse this discourse by way of Antidote, to prevent the working of his banefull Counsels, and to frustrate his accursed ends.

This unjust man, knoweth all just and judicious men, cannot but oppose his unjust designes, and therefore it is, he hath denounced so many of them by name in his books, as his enemies, his ablest enemies they are, and the more powerfull, because they are all knowne to be really faithfull to the Parliament: In this case saith Machivel there is but one help, that is, they must be brought into disgrace, and disrepute, with the people, for if these remain in credit, the people will give eare unto them, be rightly informed by them & be in no capacity to be deceived: well saies Mr. Edwards, how shall they be sufficiently reproached: Why saies Machivel, seek out unto your ayd honest zealous persons of godly life, and good repute in the world, such as you know are fiery hot against errours and heresies so called, and unto them sadly complaine of the dayly infinite increase thereof, & intreat their assistance in the extirpation of them, & for that end desire them to collect their memories, what they have heard in any discourse, what they have any waies observed or knowne, to proceed from such and such men, naming divers, that are taken and reputed to be either grand Hereticks, and Schismatiques themselves, or the defenders and maintainers of them, by word or writing, tell them you have heard that such and such, hold such and such blasphemous opinions, at such and such a time uttered, such & such horrible speeches, pray them to consider how exceeding necessary it is such things were knowne, and made publique to all the world, lest through ignorance such blasphemous and hereticall persons in time get into offices of Magistracy, if not into the Parliament it seife; lay before them the danger if it should be so, and intreat them (for prevention) that they will thrust themselves into all meetings, companies, and societies, to provoke discourses, and to take notice of what they observe, or can any waies learne of any of them or any others, and it shall be your care to divulge them to the world, in the strongest colours your Art can give them: And (saith Machivel) as they through eagernesse, will over-heare and make things worse then they were either spoken or intended, so it must be your care to make them rather wors then better, then their relations, you must be sure to cast durt enough upon them, some will stick, and a little (amongst those you would pervert) will suffice to blemish the clearest and most able amongst them, and to deprive them of all credit and repute for ever.

If you observe any man to be of a publique and active spirit, (though he be no Independent or Separatist) he can never be friend to you in your work, and therefore you are to give him out, to be strongly suspected of whoredom, or drunkennesse, and prophanesse, an irreligious person, or an Atheist, and that by godly and religious persons, he was seen and heard blaspheming the holy Scriptures, and making a mock of the Ordinances of Christ, or say he is suspected to hold inteligence with Oxford, or any thing no matter what, somewhat will be beleeved, you cannot be ignorant how much this hath prevailed against divers able persons.

If you see any such man but once talking with a Papist, or (though not) you may give out that very honest men suspect him to be a Jesuit: If any one but demand of you or any others, how you know the Scriptures to be the word of God, give it out for certain he denieth them, or if any put questions concerning God or Christ, or the Trinity, you have more then enough to lay accusations upon them, that shall stick by them as long as they live, if you will follow this my counsell throughly saith Machivel (as in part you have done) you cannot faile of your end, you can never want matter, you shall (amongst those you deceive) be taken for a most zealous, holy, and religious man, you may write book upon book, great and large ones, and make good profit (or great renowne) by them, and in after ages, be recorded as a famous Author.

Moreover if you prosecute this course, you may haply hereby not only hold your friends firme unto you, ready upon all occasions to petition what you would have them, or to doe any thing you shall require them, but you shall be sure to hold them for ever devided from your adversaries, in all things, they shall not regard any thing, though never so just or good, if they see they have but a finger therein, nay if you work wisely, you need not dispaire of dividing your most powerfull adversaries amongst themselvs, doubts & jelousies being of great force:

And you know it is an undoubted truth, a house divided within it selfe cannot stand.

This is Machivels way; and this hath been Mr. Edwards his way; and in this way hee goeth on, but the way of God have they not knowne, or rather have they not despised the way of the Lord.

This is the Poyson by which he hath envenomed the hearts and understandings of thousands (in themselves) honest, religious people, too too easily misse-led, for want of knowledge or consideration of these Machivelian courses; men that being sinceare in their owne intentions, are easily deluded by the least pretence of zeal and godlinesse.

And however his heart may be hardned that he will not regard any thing, that hath been written unto him; you that have been deceived by him, are not so farre gone but you may yet recover, & become untainted, with the least savour of his spirit, and in time abominate his waies:

But surely then you must consider things more seriously then hitherto you have done, you must suspect your owne waies, and compare them once more with the waies of God, commended to you in his holy Word; That is the only Antidote that is able to expell the Poyson you have taken, or shall be offered in his next book; you know the word of God is mighty to the casting down of strong holds, & to bring into subjection all Machivelian Imaginations.

I shall therefore pray you in reading his next book which (it is to be feared) is reserved for an accursed purpose, and to second some worke of Darknesse; that you will with open eyes see how farre, and how plausible Machivel may go with colours of religion transforming himselfe into an Angell of light.

Also that you will not hastily give credit to any thing spoken by him a professed adversary, lest in so doing, you become guilty of bearing false witnesse against your neighbour.

That you will consider and marke those that cause divisions and offences, contrary to the doctrine which ye have learned, and avoid them: Rom. 16.17.

That you will mind a speciall part of that doctrine to be expressed in the fourteenth Chapter thorow-out, and the beginning of the fifteenth, which I entreat you to reade without prejudice or preoccupation of judgment; and then I cannot doubt, but liberty of conscience will appeare more just in your eyes, then it hath done, and confesse that your selves cannot live without it.

That you will lay to heart how dangerous it may prove to the Common wealth, and to the cause you have hitherto joyntly maintained, (God prospering you in so doing) if by any policies you should stand divided from those your brethren of other judgments; beleeve it, the hand of Joab is in all your divisions, what-ever you see or judge, your common enemy, is the fomenter of them; and under what notion or colours soever they appeare, they are a common enemie to you both, that labour to divide you, and in the end, you will find it to be so to your cost, if not to your ruine.

An ancient Philosopher (somewhat to this purpose) hath a fable, That the Wolves being at long and deadly war with the sheep, and not prevailing by force; but contrary to their expectation almost vanquished: Resolved to try what they could doe by policie, and thereupon desired a treaty, which the sheep simply and easily granted: The principall thing in the treaty, which the Wolves insisted on, was, that the sheepe would but discharge & send away their dogs, and then there would be no cause of warre at all, but they should live quietly one by another, urging withall, that the dogs were of a quarrelsome disposition, had been the beginners and continuers of the war, that they were of a different nature & temper from the sheep, maintain’d the war only for their own ends, and in probability were like enough to make a prey of the sheep themselves, and the like; if they would discharge them, they would give them what security themselves would desire, for assurance of their peaceable neighbourhood. The poor sheep soon weary of the charge and trouble of war, yeelded thereunto, and discharged their dogges, their strongest help, (whereby they had not only preserved themselves, but by many battels and maine force had even quite vanquished the Wolves) wch was no sooner done, but the Wolves in short time muster up their force, (the dogs being out of call) and when the sheep least suspected, fell upon them and destroyed them utterly.

I conceive this could never have been effected, but that the Wolves had conveyed some of themselves into sheepes cloathing, who by flattering and dissembling cariage, got themselves into credit with the sheepe, and so perswaded to this goodly treaty, and wrought them to those destructive conditions.

And (if well considered) this fable (though dogs and Christians hold no fit comparison) may demonstrate, that whosoever doth, or shall endevour to perswade the godly and honest Presbyters to abandon, discourage or molest their faithfull, helpfull, valiant and assured friends of other judgements (whom Mr. Edwards would have to be used worse then dogs) they are at best, but Wolves, or Wolves friends, and seek the destruction of all honest people, of what judgement soever.

And whether Master Edwards do expresly ayme at so horrid an issue, or not; for certaine, his workes and endevours do mainly tend thereunto, and will help on the wicked purposes of any that intend the destruction of the sheepe.

But, blessed be God, we are not as sheepe without a shepherd, wee have had, and still have faithfull & resolved shepherds set over us by providence, in a most just and orderly way, a Parliament (the terror of the wicked, and comfort of the just) that for these 5 years and upwards, have been a strong Tower of defence to the sheep of the Lords Pasture, to all the godly party in the Land: and though many of our froward and weak sheepe have many times been tampring & harkening after offers and conditions as dangerous to the whole flocke, as the discharging of that strength, the Wolves most feared; yet hath the wisdom of those our faithfull Shepherds hitherto prevented the same; and according to the true rules of wisdom have made most use of those whom the Wolves most feared.

And we trust the same God that endowed them with such a new modelising wisdome, as hath been successefull to the astonishment both of their friends and enemies, will still guide and direct them, when the policies of the enemies, are most busie and strongly working; and when the weaknesse and frowardnesse of their friends are most troublesome & importunate for destructive things, yea though some should be wrought upon so farre, as to shew a wearisomnesse of these their Shepherds; the same God will then we doubt not, shew his mighty power and wisdome in them, and thereby preserve this whole Nation, from a most dangerous Relaps, which otherwise were to be feared:

The whole flock is their charge, God hath made them Overseers of the whole, and to our joy and comfort they have hitherto shewed, a greater care to preserve the whole People, then to please any part of them; in unreasonable things: and in so doing they have been (and cannot but be) blessed and prosperous:

And notwithstanding Mr. Edwards his venomous poyson, blowne abroad by his unhappy quill, to blast and destroy the repute of honest, religious, and faithfull men, yet (the tree being knowne by his fruite) the Parliaments wisdome expelleth his poyson and sheweth no disrespect to any honest religious person, and every juditious man followeth their worthy example therein: and when you that are weak and have been misled, and tainted with his poyson, shall consider it, your judgments I trust will be rectified, and strengthened so sufficiently, that you will no longer judge of men according to his malitious accusations, but according to their workes and what you see them doe:

Which if you doe, wee shall have done with his poysonous, and scandalous bookes, which serve for nothing but to deceive and destroy the people; great quietnesse will follow thereupon, and you will soone finde a nearer way to a finall end of your troubles, then the wrangling way he hath proposed, for if once you were united you would have no enemies; your warre would be at an end; your peace would be sure, and all the people safe and happy;

Which is my only ayme in this work and my most earnest desire:

WILLIAM WALWIN

A GRAINE MORE, And no more.

Observing by some passages and occurrences of late, that all the labour bestowed towards the conversion and reducing of Master Edwards into a truly, charitable, and Christian disposition, hath proved no other, then as the washing of a Blackamoore; and thereupon, daily expecting a poysonous issue from his infectious braine. To prevent the mischiefe that might ensue: I prepared this little Antidote, intending to have had it in such a readinesse, as that it should have met his poyson in the instant he first spread it, wherein I did my part, but the Printers mistake hindred it.

Those therefore that have read his new Gangrenous and scandalous book, and doe find themselves any whit tainted with the poyson thereof, and have slept upon it: My friendly advise is, that they take double the quantity of this Antidote: that they reade this little Treatise twise over, and consider every part of it seriously and deliberately, and if they are any thing farre gone, and in danger: then it will be necessary they adde thereunto a good quantity more of true Christian love, it will be somewhat hard to find, there being abundance every where of that which is counterfeit, the best of which will do more hurt then good; and therefore it will be needfull you get the help of some that by experience can distinguish the true from the false, and such a one I can assure you is also very hard to find: but without it there is no hope, and with it there is infallible certainty of recovery.

If there were not much false and counterfeit love abroad, this wretched man with all his cursed diligence could never have been furnished with matter to have sweld his poysonous bulck to so vast a greatnesse.

And truly had those whoever they are that gave those malicious informations concerning me, as he reciteth them if they had had, but one scruple of true Christian love in them they never had administered to his (so unmanly) occasion.

I blesse God, I have through diligent seeking found this pretious liquor, and have enough to spare upon those his unadvised intelligencers, and through the power thereof can freely forgive their evill intentions, which my conscience assures me, I never deserved from any, I ever conversed withall, or that ever knew me.

As for himselfe, if passion and fore-judging did not blind mens understandings, and that most men are transported with flashy fancies, and are unapt to consider things judiciously, it would evidently appeare, that he hath not in any measure answered, either my Whisper or the Word more, both which wil live in despite of his utmost venome, and wil conceme him, and all such deceivers as he is, being there set forth in their truest colours, nor is his neglect of them, any other but a device to keep mens eyes off from reading or regarding them, wherein he hath indeed dealt very pollitiquely, and like one fully possest with a true Machivillian spirit, which more evidently appeareth in laying his charge upon me in such subjects, as wherein he knoweth the presses in these times are not admitted the lest measure of freedome, & if I should insist upon the mistakes, & nullities in the charge, I should be inforc’d to use the names of some persons, I much esteeme for that publique affection I have seen in them, and for the un-interupted friendship I have had with them, which is no waies sutable to my spirit: insomuch as I am yet unresolved what course to take, besides, since it concernes only my particuler, and that of necessity it will occasion a bulk in print beyond my temper, the world being also opprest with books of particuler contest, I beleeve I shall incline to forbeare, though I am not certaine.

As for those who know me, or throughly know him, with al those I shal remain unprejudiced in my repute, though he should have spet al his venome at once, and as for those that neither know him nor me, I shal (and I think may) safely trust my credit to the operation of my Antidote, & to the most powerful addition of true Christian love, wch (were there need in this cause) would cover abundance of evill: love is the balsome which in my Whisper I really commended to his use, but either he will not use it, or takes not that paynes to rub it in which I advised, but though I have cast my pearle amisse, and have sped accordingly; that shall not hinder or abate my esteem of so pretious a Jewell, it is the delight of life, and the joy of Heaven, and whilst I live I trust I shall live in love, and when I dye, that I shall dye in this love, and Rise and remain Eternally in love, that is in God (for God is love) in whose presence there is fulnesse of joy; at whose wright hand there are pleasures for evermore; and full amends for all reproches.

WILLIAM WALWIN
FINIS
Imprimatur, John Bachiler.
May 26. 1646
.

T.66 (3.7) John Lilburne, The Free-mans Freedom Vindicated (16 June 1646).

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Bibliographical Information

ID Number

T.66 [1646.06.16] (3.7) John Lilburne, The Free-mans Freedom Vindicated (16 June 1646).

Full title

John Lilburne, The Free-mans Freedom Vindicated. Or A true Relation of the cause and manner of Lievt. Col. Iohn Lilburns present imprisonment in Newgate, being thereunto arbitrarily and illegally committed, by the House of Peeres, Iune 11. 1646. for his delivering in, at their open Barre, under his Hand and Seal, his Protestation, against their incroaching upon the Common Liberties of all the Commons of England, in endeavouring to try him, a Commoner of England, in a criminall cause, contrary to the expresse tenour and forme of the 29. Chap. of the great Charter of England, and for making his legall and iust appeal to his competent, propper and legal Tryers and Judges, the Commons of England, in Parliament assembled.

The pamphlet contains the following parts:

  1. Letters
  2. The Protestation, Plea, and Defence of Lievtenant Colonell IOHN LILBVRNE.
  3. To the right Honourable the chosen and Representative body of England Assembled in Parliament. The humble Petition of L. C. Iohn Lilburne A Free man of England.
  4. A Postscript, containing a generall Proposition
  5. Declaration of the House of Commons, published 27. Ianu. 1641
Estimated date of publication

16 June 1646.

Thomason Tracts Catalog information

TT1, p. 445; E. 341. (12.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

TRue bred Englishmen, that have a life to lay down, for the defence of your just Liberties and Freedomes, (for to such alone I direct my speech) against all incroachers, destroyers, and usurpers thereof, (be they what they will be) I desire to let you understand, that I your Countryman amongst many others, have imbarqued all that I have in this world, in this one vessell, cal’d the good Ship of good Hope, sayling in the troublesome Seas of England, bound for the long desired Port, called the safe injoyment of Englands liberties and freedomes, the direct roade tending thereunto, is the path of Iustice, without the sayling in which roade, it is forever impossible to arive there; And therefore fearing my Venture should lately miscarry, I tooke upon me the bouldnesse to write an Epistle to Judge Reeve, one of Englands Pilots, which hath occasioned a desperate Storm to arise against me in particular, though there be nothing but wholsome and sound advice therein contained.

And perceiving by my late being with the Judge, that it was not well taken, nor likely to provide for my safety, against Col. Edward King, one of Englands rotten members, and branches, fit for nothing but to be cut off, out of Englands pleasant and fruitfull Vineyard I thereupon writ further instructions to my Atturney, to draw up my Plea, which thus followeth.

To his faithfull and much respected friend and Attorney, Mr. Goorge Ingram, at his Chamber in Cliffords Inne, these.

John Lilbvrne
Lilbvrne, John
Sir,

IN the cause wherein Colonell Edward King is plantive against me, in an action for pretended words spoken by me again(st) him: I entertained you to be my Attorny, whereupon you appeared for me, and received Kings declaration the last Tearme to which I am now to plead, I desire you therefore to plead to the same, that the said Edward King long before the pretended words alleadged by the declaration, to be spoken viz. in August 1644. was by Master Muffenden and Master Wolley and divers others of the Committee of Lincolne, accused and charged before the Honourable House of Commons of high Treason, for his betraying the towne of Crowland unto the Enemy, as by the fourth Article of the said charge (whereunto reference being had) will appeare. And by the twelf Article of the said charge, the said Edward King is accused for the negligent losse and delivery up of Grantham to the Enemy, which is adjudged to be high Treason, Rot. Parl. 7. Richard 2. Num. 38. 39. 40.

And for further plea, that the said charge was before this action brought, and yet is still depending, and only examinable and triable in Parliament, neither is the said Colonell King yet acquited or tried for the same, besides plead also that I am a witnesse so the proofe of the said Charge, and so not compellable to make further answer, or other plea then this, untill the said King have had his triall upon the said Charge of high Treason in a Parliamentary way. This I hope the Court will accept and approve of, for a satisfactory and plenary answer and plea to his declaration, which you may draw up in forme as you shall find cause, whereunto I doe Authorize you, and for this pleading, this shall be your warrant and discharge, this I thought good to doe for the preventing of any colourable advantage, Colonell King might seeme to have, or any waies take through my neglect, or for want of a warrant to you to plead to his declaration, a judgment should passe for him against me by default.

I have written to Master Justice Reeve, setting forth the true state of the cause, a printed coppy I left at his house for him, which I perceive he hath perused, another I send you here inclosed, whereby you may be the better informed, and inabled to draw up my plea, and what you shall doe herein according to this warrant, I shall allow, in testimony whereof to this my warrant I have subscribed my hand, and set to my seale this ninth day of June 1646. and rest,

Your affectionate and faithfull friend
JOHN LILBVRNE.

Sir, if you think fit to shew this to Judge Reeve or any other I shall approve of it.

Being moved out of mature consideration, to give him these instructions, because, (as I told him) if I should plead in a formall way to the Plea, guilty, or not guilty, I should thereby be the beginner of a dangerous president of destructive consequence to the wholl Kingdome, because that if a man intrusted, did turn traytor, and a company of honest men did endeavour, according to their duty, and to avoid the grievous sinne of perjury, did endeavour to bring him to condigne punishment for his treason, & for that end, referred Artickles of high treason in Parliament against him, with their names to them, and they, by reason of many publicke businesses, by reason of the warres in, & distractions of the Kingdome, cannot conveniently, for halfe a yeare, a yeare or more, try and adjudge the busines, the traytor or accused person, being a crafty fellow, full of ill gotten money, and corrupt Alies, and because that his tryall is delayed, he picks quarrels against his just prosecuters, and arests them in actions of 2. or 3000l. at the Common Law, for calling him (as really he is) traytor, and tosseth and tumbleth them, yea and it may be, by an unjust Puntillo in Law, brings them unto unavoidable ruine, by Common Law, which principally is inherent in the oracles of erring Iudges breasts, who it may be, two houres before he passeth sentence, is not resolved what to decree for Law, and so by this meanes every honest man that complaines of a knave or traytor in the Parliament, or is a party interested, in making good the charge against him, may by such wayes and meanes (by reason of delay in iudgement, which is not his fault) be brought by his cunning adversary into the Common Law Bryers, as I am by King, who ought by Law to be in Prison fast by the heeles) and so all honest men forever discouraged in such a cause, to complain of such transgressours, let them act treason against the State universall and representative, and do what they will; and this is just my case with Col. Ed. King, as by my printed letter to Iudge Reeve, I have truly & clearly declared.

But by my foresaid instructions sent to my attorney, I gave him authority (if he pleased) to shew them to the iudge, which for ought I know to the contrary he did, which it may be may occasion a complaint from him, or some others against me to the Lords, for immediately upon it, I am summoned before them, their warrant thus followeth.

Die Mercurij 10. June, 1646.

IT is this day ordered by the Lords in Parliament assembled, that Liev. Col. Lilburn, shall forthwith upon sight hereof, appeare before the Lords in Parliament, to answer such things as he stands charged with before their Lordships, concerning a Pamphlet, intittuled, the Just mans justification, or a Letter by way of Plea in Barr. And hereof he shall not faile, as he will answer the contrary at his perill.

Ioh. Brown. Cler. Parl.

To the gentleman Usher attending this House, or his Deputy.

The Officer comming Iune 11th. last past to my House, about 6. of the Clock in the morning, cal’d me out of my Bed, and after I had read his warrant, I told him that if there were not a tye of respect laid upon me to the Lords, for their faire and courteous dealing with me about my busines, that was lately depending before them, I would not in the present case, obey their warrant, nor twenty more of the like nature, but would defend my selfe in my own house (which is my Castle) against all that in such cases they should send unto me, to the death, because they have by the Law, no authority at all to mak me dance attendance upon them, in the present case, or to try me a Commoner, in any Criminall cause whatsoever, either for Life, Limb, liberty or estate, which I told him was the case now in and, for his own warrants did sumon me to appeare to answer a charge then before their Lordships, and this I wished him to tell them must be my plea at their Barre at which, having promised him to appeare, he departed, so sitting my selfe in the best manner the present In-comes of God inabled me for the brunt.

I tooke my Journey towards Westminster, and in the streets meditating, desired God according to his wonted manner to direct me, I presently had contrived in my own brain, without any humane help in the world, a Protestation and appeal, my heart being set up so high to go on with it, although it should be present death unto me, so I took sanctuary at a friends lodging to compile it in a method, which being done I transcribed it faire with my owne hand, and then set my hand and seale unto it, and being loth to run so high a contest with the House of Peers if by any meanes possible I could avoid it.

I repaired to a Lord a member of that House, and told him my whole heart in my intentions, shewed him my paper, and read part of it to him, and desired him to fill some more of the Lords of it, if he judged it convenient, that so they might a little better consider of it before they brought me to their Barre, and forced me to doe that that would tend to their extaordrnary dishonour, or my ruine and distruction, and doe it I both must and would by Gods assistance (I told him) if they called me to their Barre, telling him I judged it as base an action in me (both in the sight of God and man) to betray my knowne and fundamentall liberties, as with my owne hands to cut my owne throat, protesting unto him, that if he and the rest of the Lords indevoured to destroy Magna Charta and to tread, it under their feet, as they would doe if they medled with me in this case, I would draw my sword against them every man as freely as I would doe against the King, and the desperatest Cavalier with him, with much more that then I told him he departed to the House, and I imediatly by water followed him, and what he did in it I doe not fully know, but I was not called in till about one a clock:

And being commanded to their Barr, the Earl of Manchester (their Speaker) commanded Master Smith to show me my printed Epistle to Iudge Reeves, and asked me (to this effect) if I know that booke, and whether I did not leave (or cause to be left) one of them at Iudge Reeves house for the Iudge himselfe.

Unto which I replyed, my Lord, if it may stand with the pleasure of this House, I desire to know whether or no you have any formall or legall charge against me in writing, if they had I desired to see it? that so I might read it, and then I would give them an answer to their question

Whereupon after a little pawze and looking one upon another, the Earle of Stamford stept up and with much zeale pressed his Lordship to hould me to the question, (so saith the Earle of Manchester) answer to the question.

My Lord (said I) under favour, I conceive the thing I desire of your Lordship, is very just and rationall (& so it is if you consider their owne summons which expresly commands me to appeare before them to answere a charge) but if nothing will serve your turne but a possitive answere to the question, then my Lord there is an answere in writing under my hand and seale, which I will justifie and maintaine to the death, I beseech you it may be read;

And with this I gave my paper to Master Smith their Cleark then at their Barre: Whereupon the Earle of Lincolne stept up and said to the Speaker, my Lord what have wee to doe with his paper? command him to answer to the question.

Lieutenant Colonell Lilburne (saith the Earle of Manchester) the Lords command you to answer positively to the question, unto which I replyed my Lord, in that paper in Master Smiths hand is my answer to the question, and to all others whatsoever that you shall ask me, and no other answer I have to give you, neither shall I, and if that will satisfy you well and good, if not, seeke it where you can have it, for I for my part shall give you no other, where upon I was commanded to withdraw.

And one of the Lords commanded the Cleark to give me my paper, (for saith be, what shall wee doe with it) but I refused to take it, and tould them, I would not medle nor make with it, there it was, and it was enough to me, that I had delivered it at their open Barre, do what you will with it, for my Lords, I am as carelesse as you are, whether you will read it or no, so the Cleark threw it after me, but I would not medle with it, but withdrew, the words of which thus followeth.

The Protestation, Plea, and Defence of Lievtenant Colonell IOHN LILBVRNE.

Given to the Lords at their Barre, thursday Iune 11th. 1646. with his Appeall to his competent, propper, and legall tryers and Judges, the Commons of ENGLAND, assembled in PARLIAMENT.

John Lilbvrne
Lilbvrne, John
My Lords,

THis morning I received a summons under your Clearks hand, to appeare upon sight thereof before your Lordships in Parliament, to answer such things as I am charged with before your Lordships, touching a Booke called by your Warrant, a Pamphlet intituled, the Iust mans Iustification, or a Letter by way of Plea in Barre. My Lords I tould your Messenger, Mr. Bakers sonne, that your Lorships had dealt friendly, honourably, and fairely with me in my apprehension, in my late businesse, being in a legall and Parliamentary way, transacted, first by the House of Commons, and so brought before your Lordships, which did lye as a tye upon my spirit, by way of Obligation, and now I would repay it, in laying aside (so far at present my priviledge, as I am a Commoner of England) as in obedience to your summons (salvo jure) to appeare at your Barre, although (as I told him) your Lordships, by Magna Charta and the Law of this Kingdome have nothing to doe with me, being a Commoner in any judiciall way, to try me in a criminall cause either for life, limb, liberties or estate, which is now the present case betwixt your Lordships and me, as appeares by your own summons, and this I desired your messenger to tell your honours must of necessity be my plea at your Barr.

But that it may appeare that I do nothing headily or rashly either in contempt of your just rights and powers, which I desire you may long enioy, alwaies provided, you endeavour not my ruin and destruction with them, neither out of any desire in the least to contest with you, which in me to doe, (I acknowledge) would argue abundance of ingratitude, it being my principle to do to others as I would be done to myself; and as much as in me lyes, to endeavour to live in peace with all men.

But to be robbed of my life, or give way to be made a slave to any whomsoever, either by a voluntary giving up, or in silent suffering to be taken from me, my native, naturall, just legall and hereditary freedomes and liberties, I am resolved rather to undergo all extremities hazards, miseries, and deaths, which possibly the wit of man can devise, or his power and tirany inflict.

And therefore my Lords, you being Peeres as you are called, merely made by prerogative, and never intrusted or impowred by the Commons of England, the originall and fountaine of Power, Magna Charta the English mans legall birth right and inheritance, so often bought and redemed with such great seas of blood, and milions of money, hath justly, rationally, and well provided that your Lordships shall not sit in judgment, or passe sentence in Criminall causes, upon any Commoner of England either for life, limbe, liberty or estate, but that all Commoners in such cases shall be tryed only by their Peeres and equalls, that is to say their fellow Commoners, as is amply and effectually declared in the 29. ch. of that great Charter, which previledge & immunity cannot justly be taken away from the free Commoners of England by any power whatsoever on Earth, without a better and larger given in the roome of it, for all betrusted powers must and ought to be for the good of the trusters, Book decl. Pag. 150.

And this Charter in al ages hath in an especiall manner been maintained, preserved and defended by our Progenitors, and in a speciall manner confirmed by 5. of Edward 3. ch. 9 the words be these, that no man from henceforth shall be attached by any accusation, nor fore-judged of life nor limb, nor his land Tenements goods or chattles, seised upon otherwise then by the forme of the great Charter, which is further confirmed by the said King, in the 25. of his Raigne, ch. 4. and by the petition of Right-made in the third yeare of this present King; and the Act made for the abolishing the Star-chamber &c. made this present Parliament, therefore my Lords as a free Commoner of England, I doe here at your open Barre protest against all your present procedings against me in this pretended Criminall cause, as unjust and against the tenor and forme of the great Charter (which all of you have sworn unviolably to observe and caused the Commons of England to doe the same. And therefore my Lords I doe hereby declare and am resolved as in duty bound to God, my selfe, Country, and posterity, to maintaine my legall liberties, to the last drop of my blood, against all opposers whatsoever, having so often in the field &c. adventured my life therefore, and doe therfore from you and your Barre (as incrochers and usurping Judges) appeale to the Barre and tribunall of my competent, proper and legall triers and Judges, the Commons of England assembled in Parliament: in testimony whereof, to these presents I have set my hand and seal, this present eleventh day of June, 1646.

JOHN LILBVRNE.

And being not long without, the Gentleman vsher came civelly to me, and told me I must put off my sword and give it to some of my friends, for I must go a prisoner to Newgate, so desiring to see my Commitment, and to have a coppy of it before I stird to go, I had it accordingly, which thus followeth.

Die Iovis 11 Iune 1646.

IT is this day Ordered by the Lords in Parliament assembled, that Lievtenant Colonell Iohn Lilburne shall stand committed to the Prison of Newgate, for exhibiting to this house a scandalous and contemptuous Paper, it being delivered by himselfe at the Barre this day, & that the Keeper of the said Prison shall keepe him in safely, untill the pleasure of this House be further signified, and this to be a sufficient Warrant in that behalfe.

Ioh. Brown Cler. Parl.

John Lilbvrne
Lilbvrne, John
June 11. 1646
London
To the Gentleman Vsher of this House, or his Deputy, to be delivered to the Keeper of Newgate.

My usage to me semes very strange, that for doing my duty, in a just way to bring Col. King to condigne punishment, I should be so tost and tumbled as I am, by his meanes, (that per Iure, ought to dye for his offence or at least by Law should be in durance, till he receive his just doom) clapt formerly by the heeles, (as in my epistle to Iudge Reeve is justly declared) and lately at Kings suite arrested upon an action of two thousand pounds, and brought into Court, that have nothing to doe with the businesse, it being dependant in Parliament, and there tyed up to such rules, formallities, and Puntillo’s, as all the reason I have, cannot understand, and then for writing my Plea, threatned, and told by the Judge himselfe I had forever undone my selfe, by endeavouring to root up by the roots, the fundamentall law of England, by which I enjoy my life, and all that I can call mine, though as I told his Lordship, although he were a Judge, yet under his Lordships favour I conceived he was in an error, I having not in the least, medled with any fundamentall, known or visible Law of England.

For the Law that I medled withall, was meerly, and onely an invisible, uncertain, and unknown Law, that resided in the Oracle of his Lordships breast, and his fellow Iudges, which (as I told him) I thought no man in England knew besides themselves, no nor I thought they themselves neither, no not two houres before they decreed, and adjudged it for Law.

And yet for all this I must be forced to dance attendance (contrary to Law) to answer a charge without forme or fashion in Law, at the Barre of the House of Peeres, who knew very well, or at least wise might know, that I knew as well as themselves their power, jurisdiction, and the Prerogative Fountain, from whence they sprung, as well as any of themselves, having sometimes discoursed of that subject freely with some of them.

And having lately (though unwillingly) contested with those, to whome by nature and interest, I am a thousand times more related unto then to them, meerely out of this principle, that I will not be a slave unto, nor part with my just liberty to any.

But I clearly perceive the hand of Joab to be in this, namely, my old back friend the Earle of Manchester the fountaine (as I conceive) of all my present troubles, who would have hanged mee for taking a Castle from the Cavaliers in York shire; but is so closely glu’d in intrest to that party, that he protected from justice Colonell King, one of his own Officers, for his good service in treacherously delivering or betraying Crowland to the Cavaliers, and never called, nor that I could heare, desired to call to account his Officer, or Officers, that basely, cowardly, and treacherously, betrayed and delivered Lincoln last up to the enemy, without striking one stroke, or staying till so much as a Troope of Horse, or a Trumpeter came to demand it, his Lordships Head hath stood it seemes too long upon his shoulders, that makes him he cannot be quiet, till Lievt. Gen. Crumwels Charge against him, fully proved in the House of Commons, be revived, which is of as high a nature I believe, as ever any charge given in there, the epittomy of which I have by me, & his Lordship may live shortly to see it in print by my meanes, and for my Lord of Stamford, at present I desire him to remember but one Article, made at the de-livery of Exeter, which it may be, may in time coole his furious endeavour to enslave the free People of England, the earthly Lord and Creator of his Creator, who I am confident do, and will scorn to be made slaves & vasssals, by the meer Creatures of their Creature the King. So being straightened in time at present, I bid you farewell, and rest.

Your faithfull Countryman, and a free Commoner of England.
JOHN LILBVRNE.
From my Cock-loft in the Presse Yard of Newgate,
London
June 11. 1646
.

To the right Honourable the chosen and Representative body of England Assembled in Parliament.

John Lilbvrne
Lilbvrne, John
Iune 16. 1646

The humble Petition of L. C. Iohn Lilburne A Free man of England.

Sheweth,

THat your petitioner hath and doth look upon this Honourable House, as the chosen and betrusted Commissioners of all the Commons of England, in whom alone (by right) resides the formall and legall supreame power of England, and unto whom all the Commons of England have given so much of their Power, as to inable you alone, to doe all things whatsoever for their weale, safety peace and prosperity, the end of all Government, as is most excellently, by your Honourable declaration of the 17. of April last declared.

The knowledge and understanding of which, hath made your petitioner as a Commoner (in his Countries straits and necessities) to take up armes as his duty, to fight against the King (the servant of the Common wealth) and all the forces raised by his Authority (who sought to destroy the end of Government, the safety and weale of the people) and to be faithfull in your said service, in the midst of many deaths; contemning and slighting, the large proffers of the Kings Honours and preferments, sent unto him by foure Lords, when he was a prisoner for you at Oxford, for which he was imediatly laid in Irons night and day, lockt up close in a room, a Centinell set at his dore, that so he might not speak with any whosoever, forced to lye on the floore, kept without one farthing of allowance although he carried not one penny with him to the prison.

And within a few daies after was (for his continued resolution) arraigned (in Irons) as a Traitor for his life before Judge Heath, before whom he pleaded to his indictment, professing unto him at the open barre (when he pressed your petitioner to save himselfe) that he your supplyant was not seduced by any to take up armes, but did it out of a principle of duty to himselfe, his country and the Paliament, and that he was resolved to spend his blood in the defence of his owne and his Countries liberties; also your petitioner upon the same grounds, hath often been in the field since, and done good services, and hath continued faithfull in all his ingagements, and is resolved (by the strength of God) so to doe to the death.

Now for as much as the liberties and freedomes contained in the 28. & 29. chap. of the great Charter of England, are the best legall inheritance that your petitioner hath, and for the preservation of which, yee have so often sworne to spend your lives and fortunes, and injoyned the people that trusted you to doe the same, and for the maintaining of which, your petitioner hath run the hazard of so many deaths and miseries as he hath done, amongst which liberties and priviledges this is not one of the least (as your petitioner humbly conceives) that all Commoners whatsoever in criminall causes shall be tried by their equals or fellow Commoners; nevertheles the House of Lords (commonly so called) summoned your petitioner to their Barre to answer a criminall charge there, contrary to the tenour of the great Charter so often confirmed, and although your petitioner told their Messenger, and afterwards some of themselves, that by Magna Charta they had nothing to doe with your petitioner in such a case, and that if he were called, he must and would plead this at their Barre, cost it him what it would, and also intreated one of themselves, to acquaint the rest of his fellow Lords, that he must and would protest against them, and appeale to his competent proper and legall tryers and judges your Honours.

Yet notwithstanding they forced your Petitioner to their Bar, and would have compel’d him, contrary to Law, reason, and Conscience, and to the fundamentall liberty of all the free People of England, (so adjudged in his own case of the Star-chamber &c, by your honours and themselves) to answere to Interrogatories concerning himselfe, without shewing him any formall and legall charge in writing, although he earnestly desired to see it, if they had any, which was refused, and your Petitioner pressed again and again with much vehemency, by their Speaker, to answer verball questions, which forced your Petitioner to deliver at their open Bar his Protestation, in writing under his hand and seale, as also his appeal to your Honours, his competent, proper and legall Tryers and Iudges; a true Coppy of which is hereunto annexed, for which alone, they committed your Petitioner to Newgate prison, (as appeares by the Coppy of their commitment hereunto annexed) all which your Petitioner humbly conceives, tends to the disfranchizing him of his just liberties and freedomes, (and so to the making him a slave) and to the violation of their own Oathes and Covenants, and to the utter subversion, and alteration of the fundamentall Lawes and government of this Kingdome, for the preservation of which, so much blood and treasure hath already been spent.

Your Petitioner therefore, as a free-man of England, (who to his knowledge never did any act that deserveth the forfeiting of his birth-right) humbly appealleth to your honourable Bar and Justice, as his proper, competent, legall tryers and Iudges, and humbly prayeth.

For as much as he is a free Commoner of England, and ought not to be proceeded against, nor his liberties and freedomes to be taken from him, in any arbitrary or extrajudiciall way. And for that their Lordships have no power, nor jurisdiction, according to the Law and constitutions of this Kingdome, to try and adjudge any free Commoner thereof, for any criminall causes whatsoever, concerning life, limb, liberty, or estate; And for that your Petitioner is imprisoned, contrary to the form and tenour of the great Charter of England, and therefore altogether illegall, and meerly arbitrary; That your Honours will be pleased, according to your unparaleld Declaration of the 17th of April last, whereby is set forth, that you will not exercise, nor suffer to be exercised by any other, any arbitrary power, but that you will provide for the safety and weal of the People, (the primitive end of all government) according to the great trust reposed in you, and committed to you, by your Impowrers, the Commons of England, you will take your Petitioner into your protection, and not suffer him any longer to be kept in prison, and spoyled of his Franchizes and liberties. But according to the said Charter of liberties, your Protestations, Oaths and Declarations, the lawes and Statutes of this Kingdome, he may freely be inlarged out of prison, and restored to his just libertie, with iust reparations for his damages, for the great wrongs done unto him, by his reproachfull imprisonment in the infamous prison of Newgate, and the vindication and freeing of the whole Kingdome (according to their long and iust expectation) from the like usurpation, and encroachment of their iust rights and privledges, and your Petitioner shall ever be ready to spend his life for you, and his Countries iust liberties, and in obedience to all iust authority, to answer any Charge, when the same shall be in a legall way brought against him.

And your Petitioner (as in duty bound) shall ever pray to God, to enable you to go on, to finish, and perfect the great things expected from you, according to the trust reposed in you.
Newgate,
Iune 16. 1646
.
JOHN LILBVRNE.

A Postscript, containing a generall Proposition.

GOD, the absolute Soveraign Lord and King, of all things in heaven and earth, the originall fountain, and cause of all causes, who is circumscribed, governed, and limited by no rules, but doth all things meerly and onely by his soveraign will, and unlimited good pleasure, who made the world, and all things therein, for his own glory, and who by his own will and pleasure, gave man (his meer creature) the soveraignty (under himselfe) over all the rest of his Creatures, Gen. 1. 26. 28. 29. and indued him with a rationall soule, or understanding, and thereby created him after his own image, Gen. 1. 26. 27. and 9. 6. the first of which was Adam, a male, or man, made out of the dust or clay, out of whose side was taken a Rib, which by the soveraign and absolute mighty creating power of God, was made a female, or Woman cal’d Eve which two are the earthly, original fountain, as begetters and bringers forth of all and every particular and individuall man and woman, that ever breathed in the world since, who are, and were by nature all equall and alike in power, dignity, authority, and majesty, none of them having (by nature) any authority dominion or majesteriall power, one over or above another, neither have they, or can they exercise any, but meerely by institution, or donation, that is to say, by mutuall agreement or consent, given, derived, or assumed, by mutuall consent and agreement, for the good benefit and comfort each of other, and not for the mischiefe, hurt, or damage of any, it being unnaturall, irrationall, sinfull, wicked and unjust, for any man, or men whatsoever, to part with so much of their power, as shall enable any of their Parliament men, Commissioners, Trustees, deputies, Viceroys, Ministers, Officers or servants, to destroy and undoe them therewith: And unnaturall, irrationall, sinfull, wicked, unjust, divelish, and tyranicall it is, for any man whatsoever, spirituall or temporall, Cleargy-man or Lay-man, to appropriate and assume unto himselfe, a power, authority and jurisdiction, to rule, govern, or raign over any sort of men in the world, without their free consent, and whosoever doth it, whether Cleargy-man, or any other whatsoever, doe thereby as much as in them lyes, endeavour to appropriate & assume unto themselves the Office and soveraignty of God, (who alone doth, and is to rule by his will and pleasure) and to be like their Creator, which was the sinne of the Devils, who not being content with their first station, but would be like God, for which sin they were thrown down into hell, reserved in everlasting chaines, under darknes, unto the judgement of the great day. Iude ver. 6. And Adams sin it was, which brought the curse upon him and all his posterity, that he was not content with the station and condition that God created him in, but did aspire unto a better, and more excellent, (namely to be like his Creator) which proved his ruin, yea, and indeed had been the everlasting ruin and destruction of him and all his, had not God been the more mercifull unto him in the promised Messiah. Gen. Chap. 3.

From my cock-loft in the Presse yard Newgate.

Iune 19. 1646.

per me Iohn Lilburne.

Curteous Countrymen to fill up this vacant place I shall desire thee to reade the words of the Declaration of the House of Commons, published 27. Ianu. 1641. which you shall find in the 41. pag. of the booke of Declarations thus.

And this House doth further declare, That all such persons as have given any Councell, or endeavoured to set or maintain division or dislike, between the King and Parliament, or have listed their names, or otherwise entred into any combination or agreement, to be ayding, or assisting, to any such counsell or endeavour or have perswaded any other so to doe, or that shall do any the things above mentioned; And shall not forthwith discover the same to either House of Parliament: or the Speaker of either of the said Houses respectively, and desclaime it, are declared Publique Enemies of the State and Peace of this Kingdome, and shall be inquired of, and proceeded against accordingly.

Secondly the three Votes of both Houses May 20. 1642. which you shall find in the book of Declarations pa. 259.

Resolved upon the Question

1. That it appeares, That the King (seduced by wicked Counsell) Intends to make warre against the Parliament, who (in all their consultations and actions) have proposed no other end unto themselves, but the care of His Kingdoms, and the performance of all duty and loyalty to His Person.

Resolved upon the Question.

2. That whensoever the King makes Warre upon the Parliament, it is a breach of the trust reposed in Him by His people, contrary to His Oath, and tending to the dissolution of this Government.

Resolved upon the Question

3. That whosoever shall serve, or assist Him in such warres, are Traitors, by the Fundamentall Lawes of this Kingdome, and have been so adjudged by two Acts of Parliament, and ought to suffer as Traitors. 11. Rich. 2. 1. Hen. 4.

Joh Browne Cler. Parliament.

3. The Declaration of both Houses in pa. 576. in these words, Whereas the King &c.

4. The words in their Declaration for the vindication of Ferdinando Lord Fairfax. as you shall find pa. 914. in these words, The said Lords &c.

FINIS.

T.68 (3.9) [William Walwyn], A Pearle in a Dounghill (23 June 1646).

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Bibliographical Information

ID Number

T.68 [1646.06.23] (3.9) [William Walwyn], A Pearle in a Dounghill (23 June 1646).

Full title

[William Walwyn], A Pearle in a Dounghill. Or Lieu. John Lilburne in New-gate: Committed illegally by the House of Lords, first for refusing (according to his Liberty) to answer Interrogatories, but protesting against them as not being competent Judges, and appealing to the House of Commons. Next committed close prisoner for his just refusing to kneel at the House of Lords Barre.

Estimated date of publication

23 June 1646.

Thomason Tracts Catalog information

TT1, p. 447; Thomason E.342 [5]

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

ALTHOUGH most of States and States men be of late turned upside down like a wheele, yet this worthy valiant and publique spirited Gentleman (unto whom his Nation is as much bound to, at least as to any one, all things considered) is the very same man (both in principles and practise) whom the Bishops so long imprisoned in the Fleet by a most cruell and barbarous sentence, which they procured in the Star-chamber against him, and so was whipt, gag’d and pilloried, yea and in his close imprisonment almost famished and murthered.

And all because he would not submit to be examined against himselfe, betray his friends, accuse his brethren, nor sell the lawfull rights and just liberties of England, for a messe or morsell of base preferment, whose fidelity, constancy and integrity the Parliament justified, and condemned that sentence as illegall, bloody, and tyranicall, delivered him out of prison, adjudged him worthy of reparation, abolished Episcopacy, the Starchamber, High Commission, Councell-table and many such arbitrary proceedings.

All which being duely and seriously considered, may it not seeme very strange, that this so famous a man still holding forth the same tenets and practise now in time of Parliament and Reformation, should be now againe in Newgate as he was once before, by an Order from the House of Commons, both in lesse then a twelve moneth? Is it not because there is a Popish and Episcopall party under other pretences as busie working in the Kingdome now as ever? And as he was a speciall instrument of the Bishops overthrow, so those their agents are the prime causers and workers both of his ruine, and all that will take his part, if posibly they could once get that Decree scaled and un-altered, so that their should not be Separate or Sectary any more mentioned.

And though his malicious adversaries will not be warned of their Downfall, and are as mad against him, because he will not bow before them, as ever Hamon was against Mordecay; yea and more shamelesse and bloody, then ever his former adversaries in sending him to Newgate, the basest of prisons, and shewing plainly they thirst much more after his pretious life, then ever Kain did after Abels, his apparently proceeding of a present discontent, and theirs of a long forged malicious intent and therefore if God permit these wicked men thus to prevaile over the Godly, it is to crowne the sufferings of the one with glory, and to reward the persecutions of the other with misery.

But to take a view of his actions, wee find by such credible proofe, that his very adversaries shall not be able to contradict (yea and themselves did never the like) passing by both what he did, and suffered under the Episcopall tyranny, because large volumnes thereof are extant, and beginning, since his deliverance out of the Fleet prison at the beginning of the Parliament:

In the first place, hath he been ingratefull to his Deliverers, or perfidious to his Country? No his ingagements was with the first in this present warre; to defend his Country, and forseeking a comfortable and profitable way of living; his actions at Westminster-hall, Keintonfield, and Brainford, his cariage at Oxford in Iron Chaines, against strong temtations, and upon tryall for his life their will witness: his fidelity, magnanimity, and undaunted resolution to the Parliament and Commonwealth, and that in such measure that not many, if any of this age can shew the like testimony.

And for such as would recapitulate his actions and sufferings since, let them trace him in his service to the State, under the Earle of Manchester, and defending the publique freedomes since, and they will find that with the losse both of his blood, estate and many hazards of his life, he hath performed Noble services, as the taking of Tickle castle. Sir John Wortleys house and the like, in all which, malice it selfe cannot accuse him, either of Cowardice or Covetousnesse.

No nor yet of carelesnesse, not deeming it sufficient to be faithfull himselfe, but alwaies held a watchfull eye over the actions of others, and as bold in discovery of the Fraud, Treachery, Cowardice, Cruelties, plundering and Covetousnesse, of false hearted friends, as valiant in fight against the enemies:

And now if you will begin to think why a man so faithfull in all his waies should be so lyable to trouble as he hath been (for he hath been divers times in Pursevants hands and so committed by Committees) if you shall consider how this Pearle comes to be cast upon this Dounghill, you will find, the faithfulnesse of his heart towards God and all good People, and the freenesse of his tongue against all kinde of injustice or unworthinesse in whomsoever, is the only cause and no other.

And if you seriously weigh things, you will confesse it would grieve any good mans heart, that Treachery, Cowardice, Cruelty, plundering and Covetousnesse have bin too too slenderly punished, and faithfullnesse so many waies discouraged, and that it is a very sad thing in a time so zealously pretending to reformation:- That any quiet people should be punished and reproached, for worshiping and serving of God according ‘to their conscience, and (that trouble house) Conformity as much Cried up as in the Bishops times.

That the Presse should be stopt in time of Parliament, as barring all free intormations, and admitting only what appointed Lycencers shall allow; doth it not even breake the hearts of all knowing good People, to see the doors kept shut in Committees, and men examined against themselves, and for refusing to accuse themselves, sent to Prison; and that free Commoners, who by the Lawes of the Land, are not to be adjudged of life, limb, liberty or estate, but by Commoners: should at the pleasure of the Lords, be lyable to their summons, and attachment by Pursevants, to their Oath ex officio, to their examination in criminall causes, to selfe-accuseing, and to imprisonment during their pleasures, the chosen Commons of England, the SUPREAME POWER, standing by like a cypher, as unconcerned, meer lookers on; this is that which puts wise men past all patience, asking, for what it is that this Nation hath ingaged in such, in so deadly a war? For what it is so much precious blood hath been spilt, so many Families wasted, so much treasure consumed, so many Widowes and fatherlesse children made miserable? Is all this to take down the High Commission, Star-chamber, and Councell-Board: and to set up the Lords with the like power, to oppresse the Commons? It had been well say they, this had been declared, when our Money, Plate, Horse, and voluntary Contributions, were first desired. But then other things were mentioned, though now neglected.

We had (say they) as many Lords before the Parliament as since, and it was often boasted they should remove our grievances, as well as a Parliament, but it was done by addition, and increase of more, not by Substraction; God forbid a Parliament should doe so. But why then (say they) are we now subjected to the Lords? Is it not sufficient that they are Lords over their Tennants, but they must be Lords over the People; that every one must be at their summons, at their command, at their imprisonment, yea to Newgate; why not whipping, gagging, hanging? Oh, they are but green in their power, and do not know what the People will beare, nor what the Peoples friend (that should be) the HOUSE OF COMMONS will suffer; hereafter may be time enough, they are yet the Peoples most gracious Lords, intending to the most knowing, faithfull and religious, no worse then Newgate for the present.

And why presume ye thus Oh ye Lords? Set forth your merit before the People, and say, for this good it is, that we will raign over yee. Remember your selves, or shall wee remember yee? Which of ye before this Parliament, minded anything so much as your pleasures? Playes, Masques, Feastings, Huntings, Gainings, Dauncings, with the appurtenances. If you owed any man money, or abused any man, what law was to be had against you? What Patients and Projects did you suppresse, or so much as move against; (nay had not a hand in?) What fearfull enemies you were to Shipmoney, and to the proceedings of the High Commission, Star-chamber, and Councell board, indeed your goodnes was inexpressible, and undiscernable, before this Parliament.

But though you cannot excuse all, you will say, you that are the good Lords were then over topt with the evill, will you then be tryed by what good you have done since this Parliament, and since the expulsion of the Popish Lords and Bishops, where will you begin? What thinke you of the stay at Worcester, till the Enemy was provided at Shrewsbury, a shrewd beginning for poor England? Or what thinke you of the Earle of Bedfords busines at Sherburn Castle, or of the enemies escape at Brainford, or at Oxford or at Dennington, and to close all with that memorable but shamefull defeat in the West; It must needs be remembred how the warre thrived, whil’st any Lord was imployed: and how powerfull the enemy is grown, since the New Modell, wherein there is not one Lord.

It was wont to be said when a thing was spoil’d, that the Bishops Foot had been in it, and if the LORDS MEND NOT, it will be said so of them, and justly too.

For what other have they been, but a meer Clog to the HOUSE OF COMMONS in all their proceedings? How many necessary things have they obstructed? How many evill things promoted? What devices have they had of prudentials and expedients, to delay and pervert what is good: and subtill policies to introduce things evill.

It is easie to discerne who are their Creatures in the House of Commons, and how they were made theirs, constantly manifesting themselves, by their evill and pernitious partakings against the Freedome of the People, by whose united endeavours, Monopolies in Trades of Merchandize, Oppressions in Committees, Corruptions in Courts of Justice, grosse abuses in our Lawes and Lawyers are maintained, and the Reformation intended in all things, performed by halves, nay, quite perverted, and a meer shadow given for a substance, to the astonishment of all knowing free born Englishmen, and to their perpetuall vexation and danger; Because to know, or find fault, or discover these things, to preserve just freedome, and to withstand their Exorbitances: is the most hatefull thing to these Lords, of any thing in the world, Newgate (in their esteem) is too good for all such.

And this is the only crime for which this worthy man is made the subject of their malice, a man that hath discovered more of the liberties of England, then any one man alive; a man that hath resisted all kinds of Oppressions, with the perpetuall hazard of his life, liberty and estate.

And must no place but Newgate be his habitation? Is this the reparation for his damages, and recompence for his faithfull service? Must he be here reserved a sacrifice to appease the displeasure of the late reconciled enemies of the Common-wealth.

Thou do’st well O England, to give up this thy firstborn LILBURNE, the SON of thy STRENGTH, and high RESOLUTION, for FREEDOME; If thou intendest to become a Bond slave again, to either King, Lords, or any others: for he will never submit either body of mind to any kind of slavery.

But certainly those Worthyes in the House of Commons, that consider what the People have done and suffered for their libertyes will never suffer so foule a deed, it cannot be but they intend the uttermost of just freedome to the People, and love those best, that most know and affect true liberty, and are greatest opposers of exorbitant power in whomsoever; and consequently cannot but instantly deliver this just man, and in him all Englishmen, from the like oppression: and henceforth reduce the Lords to a condition suteable to the freedome of the People, and consistent with the freedome of Parliaments.

The People are become a Knowing and Judicious People, Affliction hath made them wise, now Opression maketh wise men mad, ther’s no deluding wise men, it is all one to them, who oppresseth them, oppression they cannot but hate, and if Parliaments do in deed and in truth really deliver them, they will love Parliaments, as performing the trust reposed in them, and the end for which Parliaments were ordained, otherwise they will abominate them, because, for a people to be made slaves, by, or in time of Parliament, is like as for a man to be betrayed or murthered by his own father; which God of his mercy preserve both People and Parliaments from, and that for ever.

London
June, 1646
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T.287 [1646.06.18] William Ball, Constitutio Liberi Populi. Or, The Rule of a Free-born People (18 June, 1646)

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T.287 [1646.06.18] William Ball, Constitutio Liberi Populi. Or, The Rule of a Free-born People (18 June, 1646).

Full title

William Ball

Constitutio Liberi Populi.

OR,

THE RULE

OF A

Free-born People.

BY

WILLIAM BALL

Of

BARKHAM, ESQVIRE.

In Deum Omnia.

Printed, Anno Dom. 1646.

Estimated date of publication

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Thomason Tracts Catalog information

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Malcolm/Editor’s Introduction

Little information has survived about William Ball of Barkham, esquire. He and his friend Sir Francis Pile, baronet, to whom he dedicated “Constitutio Liberi Populi. . . ,” were both from Berkshire. Ball was probably the William Ball, attorney of the Exchequer Court’s Office of Pleas. If so he started out writing as a royalist pamphleteer but apparently had a change of heart by 1645 when he stood for, and was elected to, the Long Parliament for Abingdon. Certainly the views expressed in this tract published the following year would have placed him among the radicals.

The preface of the present tract is dated 12 May 1646, the month Charles I surrendered. The probable publication date was 18 June 1646. The collapse of the royal cause with the surrender of the king had provoked urgent discussion about the appropriate shape of a future government. Concerns that had arisen during the first winter of civil war, when Parliament was negotiating with the king, reemerged with greater force. Again there was the danger, as radical supporters of Parliament saw it, that members of the Commons eager for a settlement might betray the cause.

Ball’s tract makes it clear, however, that he was a champion of popular, not parliamentary, sovereignty. He insists that if a people are free-born as the English are, ultimate power resides in them, not in their government. That being so if either the king or Parliament attempted to deprive them of their rights, the people were entitled to resist. In this he differs from the Levellers who looked to representative government to protect the people. When Levellers referred to appeals to the people, they meant new elections. Their goal was to make parliaments more truly representative.

“Constitutio Liberi Populi” appeared in a single edition. Other tracts by Ball would follow. In 1648 he engaged in a lively published exchange with the imprisoned royalist judge, David Jenkins, over the power of kings and the role of the people. There is uncertainty over Ball’s activities after 1648. Although he was not purged from the Long Parliament by Colonel Pride in December of that year, he did not serve in the Rump Parliament that succeeded it. Ball’s friend Pile had been elected to Parliament about the same time as Ball and, like Ball, was not excluded during Pride’s Purge but does not seem to have sat in Parliament after that event. Both men may have been so distressed by the army’s purge of Parliament that they chose to abandon their seats. Such behavior would have accorded with Ball’s views about sovereignty residing with the people. In any event Ball continued to publish during the 1650s.

Text of Pamphlet

Constitutio Populi Liberi. Or, the Rule of a Free-Born People.

First, Reason is Queen-Regent of Human Affaires; by the sight whereof men discern to walke in the prudent paths of Morality and Policy, even as by the Light of the Day they discerne to tread the paths of the Earth. And albeit that this interior light of understanding is in Divine things darkened, by the fall of our first Parent, yet doth the Eternall Light ever communicate to Mankind sufficiency of Reason (I intend for worldly things) thereby to direct his goings out, and comings in (according to the unnecessitating determination of God) as it were by a cloudy Daylight, though not a cleare Sunshine, whereby the Actions of men may severally be discerned.

2. Not long since I wrote a small Treatise, intituled, Tractatus de jure Regnandi, et Regni, or the Sphear of Government,1 the which albeit I conceived that I had squared it according to the Rule of Reason; yet some conceive, that it wants its true proportion, or line, and that I have too much extended the Innate liberty of the Free-born People of England: to satisfie (or otherwise convince) such, I have published this Epitome of State-Rule, or Government, desiring all men to weigh, and consider what I have written, not with the Prejudicating Eye of Affectation (which many times misleadeth apprehensive judgments) but with the Ballance of Reason to ponder every Graine, and if the weight be just, and levell to approve, and accept of it; if somewhat too light, to adde of their own understandings what is deficient.

3. It is certain, that had Man never fell from his state of Innocence, there had been a superiority, or rather priority in Nature (viz. That the Parent should have been known and reverenced as the Instrumentall cause of the Child, &c.) but there had been no soveraignty, and consequently no subjection; for had there been no sinne there had been no need of a justiciating Power, nor a Subject to which that Power could have determinated, or terminated itself; every man’s Actions would have been regulated by the Eternall Law, written in the hearts of men; So that there had been no need of Additionall, or Nationall Lawes. Wherefore (by the way) I cannot assent to the Opinion of that Gentleman (Fortescue) who said, that all Mankind should have been governed by the Lawes of England, if Adam had not sinned in Paradise; for by his favour if Adam had never sinned [in School-Reason, or Divinity] he had either always lived in Paradice, or else finished a compleat thousand years (which the Apostle Peter calls a Day with God, 2 Pet. 3.8.) and then had he either been assumed into Heaven alive, or else (if God had decreed a separation between his Soul and Body) he had yeelded himself into the hands of his Creator, sine dolore mortis, sine timore paenae, without pain of death, or fear of punishment, and had left his Earthly habitation to his posterity, who should have possessed and enjoyed the same, without any the least contention, or controversie, regulated only by the Eternal Law aforesaid. But (to return) no sooner sinne, but with it subjection entered as a curse, and therefore God said to woman, that she should not only bring forth in pain (which God would have dispenced withall if she had not sinned) but also that her desire should be subject to her Husband, and he should reign over her, Gen. 3.16. It is very probable that if she had not sinned, she should notwithstanding have tendered a reverence to her Husband as more noble in Sex and created before her in time but she should not have rendered a subjective Obedience, if disobedience had not made her subject.

4. And albeit that subjection is a scourge of sinne, yet it hath pleased the Almighty according to his divine will, to cause some Persons, and Nations, to be more subject than other some; many times enthralling, and enslaving them by Tyrannicall, or Imperious Instruments for their sinnes (as the sacred Bookes of the Judges, Kings, and Chronicles sufficiently declare) and upon their Humiliation, or for other secret causes known to his Divine wisdome, he hath mercifully released, or mitigated their yoak, as the sacred Writ yea and human Records testifie at large. And sometimes God hath done this by speciall, or miraculous meanes, as he did to the people of Israel; sometimes by ordinary wayes, as the Florentines (albeit of late enslaved) purchased their liberty of the Emperour for money, and so also did other Cities of Italy, and elsewhere in Europe, others by plain defiance and Arms, have regained their Freedome (that is, to dispose of themselves) as did the Cantons of Switzerland, the Provinces of Holland, Zeland, &c. and either of these wayes may be said to be just; for Id Iuris est, quod Nationis est, that is lawfull, or Law which a Nation generall approveth, or admitteth of; and there need no speciall Warrant from God for anything that they shall do agreeable to their Naturall, or Human Reason, anymore than it needed to the petty Kings and people of Sodom, and Gomorrah (instanced in my former Treatise) or to the Nation of the Jewes in the time of the Machebees. And albeit that a Nation in generall should approve, and admit an erroneous Law (as I know not any Nation, State, or Parliament that is infallible) yet such Law ought to be kept, and observed as a Law, because men have power to tie and oblige themselves to inconveniences (if God prevent not and prudent Reason dictate not the contrary) as to conveniences, and their Errour being Nationally generall, must either be admitted of all persons (comprehended within their Rule) as legall just, or else permitted, because it is constituted by the highest Power human, from which there is no appeale but to God, who in his good time will either mercifully illuminate their understandings or reform their Errour, or justly chastise them for their perseverance in Errour.

5. And the Rule of a Free-born People, or a People free to dispose themselves consists in that, wherein the People in generall constitute or determine themselves, not in that wherein they are constituted; or determined, tanquam ab alio agente, by some other instrumentall cause, for then are they not free. So that it is destructive to the very Essence of their Freedome not to be able to determine themselves to that which they conceive to be Bonum commune, that being their adaequate, and proper object. And this they must not be able to do sometimes only, and originally, but perpetually, otherwise, deficiunt a libertate proprie loquendo, & sunt tantum liberi secundum quid, vel denominative; they cease to speak truly, to be free, and are only free in Denomination or a kind of Titulary Freedome; for naturall Reason dictates, that everything ceases to continue, when the Form thereof, or the Originall Form ceases to be; so that if a people can Originally dispose or determine themselves, and cannot afterwards Actually do it, their Original power, or form of disposing or determining themselves ceases to be—But it is to be noted, that no People in the world (intending to be free) subditi potius quam subjecti, and who have either conserved their Originall Freedome, or Actually regained it, do, or did ever grant a Power to one, or more or constitute a Power in one, or more that should be destructive to their intended Originall Freedome; For as John Cook of Gray’s Inne Barrester, in his Epistle Dedicatory, in a Booke entituled the Vindication of the Professours, and Profession of the Law,2 hath ingeniously said; All Power and Authority is given for preservation, and edification, nothing for destruction and desolation; so that albeit a People, or Nation, to avoid disorder, do constitute a Ruler, or Rulers to conserve Order and do generally consent to direct their human Affaires according to such Rules as shall be by him, or them, or both given or prescribed; yet they ever intend that such Rules must not be directly opposite, or against the Law of Nature, or their Naturall Liberty. If they be, they may chuse whether, or no they will admit, or receive them; they constitute, or institute their Ruler or Rulers their power extensive, but not primitive, or intensive, that is to say, their innate and inseperable Freedome ever intended to dispose, or determine themselvs, In bonum commune prout omnibus visum erit, this they never part, or parted withall; for at what time soever they should do it, they cease to be Populus liber, or liberi subdita, a free People, or a People which are freely under a Law by common consent as aforesaid—And of this I shall instance a similitude in Nature: The Element of Water is not of itselfe extensively coloured, but is apt or applicable to receive any colour; yet it is intensively white (it being Nature’s Innocent Originall colour) as is sufficiently discerned, when it is converted into Snow, or congealed into Ice, or praecipitated Torrent-like, by an extraordinary fall. So People or Nations are not of themselvs extensively regulated but apt or applicable to receive any Rule, which they, whom they institute, or intrust, shall apply unto them; howsoever they are intensively free to dispose themselves (it being their Natural-Innocent-Originall Rule) as is sufficiently discerned by the severall Alterations of Government in Athens, Rome, Geneva, Switzerland, Holland, and many other places, where the people’s affections have been either congealed by their over-domineering Lords (as it were creatures of the second Region of the Aire) or (Torrent-like) have been praecipitated by an extraordinary fall, occasioned by some violent disturbers of their common Liberty (τὸ ἀνθρόπινον ἀγαθὸν) the generall benefit of Mankind. For my part, Anathema be to such, who desire to deprive a King of His just Prerogative; Anathema be to such, who desire to deprive a Parliament of their just Priviledge: but Anathema Maranatha3 be to such who should any way desire to deprive a Free-born People of their just Liberty, or Propriety.

6. Nor can I conceive, but that the English Nation, or People are (if rightly considered) one of the most freest Nations in the World; for they cause, or require their Kings to take their Oaths to conserve their Lawes and Liberties, before the Crown actually invest their Temples; thereby shewing that they reserve, and intend their generall Liberty and Propriety. And albeit, that a King of England have his Ius Regnandi, or Right of Reigning by Inheritance as I have instanced in my former Treatise; yet illud jus quamvis sit quoad potentiam, sive officium potestatis derivativum, est tamen quoad exercitium potestatis Relativum, that Right of Reigning, although it be derivative in respect of the King’s personall Authority, or rather Office for Authority, yet is it relative in respect of his Exercising, or performing that Authority; for though the people obey the King as their chiefe Ruler, or Magistrate before his Oath taken, yet it is ever with reference, or relation, that He should take His Oath for their preservation, and good in generall, and performe the same; otherwise they have recourse to their primitive, or intensive power, as in the case of Edward the second, from whom Sir William Trussell, Speaker of the Parliament, in the name of all men, or people of England, constrained, or took his Royall Office, or Authority; or to speak more truly, deprived him of it, without any former precedent, exercising the intensive power of the people; for Trussell said not to EDWARD the second, in the Name of the Lords and Commons assembled in Parliament, or in the Names of the Commons assembled in Parliament, but in the Name of all men or people of England, &c. thereby expressing, or manifesting the People’s Primitive, or intensive Power, more than the Parliament’s secundary or extensive Authority.

7. And as the English Nation, or People cause their Kings formally to swear, or take their Oaths to conserve their Lawes, and Liberties; so they cause the Parliament (I meane the Body collective, or representative of the People, viz. the Knights, Citizens, and Burgesses) to take their Oaths (if not formally) yet at the least virtually, to conserve their generall Liberty, and Propriety, to do all good they may for the places that intrust them; all which they faithfully promise at their Elections. So that the English Nation, or People never gave, or voluntarily assented, that their Kings, or Parliaments, or Both, should have an absolute Domineering, or Arbitrary power over them, but only a Discretive, or Legall Authority intended ever for their good in generall; their ever reserved, and as it were Essentiall Propriety.

8. Wherefore I cannot but marvell at such (whether Kingly Royalists, or Parliamentary Realists, in this case it makes no matter) as by a kind of Idolizing King, or Parliament, or King and Parliament, would suppose, or perswade the People that their Lives, Liberties, and Proprieties are disposable by King, and Parliament, ad Placitum; one John Cook of Graye’s Inne Barrister,4 by me already cited, hath in his Vindication of the Professours, and Profession of the Law inserted, that I have in my former Book, intituled, The Spheer of Government,5 introduced a dangerous Opinion, by putting, or stating a supposition, or rather a Praesuppositive case, that if King, and Parliament, or King, or Parliament, should make an Act that they would, and might dispose of all Subjects’ Estates in England (he should have added ad Placitum, for those are my words) that in such case the Counties, Cities, and Townes corporate might if not remedied declare, and protest against such an Act, if violated, then they might defend themselves by Armes. And to convince this my Assertion, in the next Page, he sayes, if the supream Court be not supream to all intents, it is not supream to any intent, because there is an higher above it. This is no good consequence; for a Power (and consequently a Court of Power) may bee supream to some things, yet not to all. The King of Polande, for life, is supreame to appoint what place he thinks fit within the Precincts of the Dominions of Poland for the convening or assembling the Diets, or Courts of the Peers Spirituall and Temporall of that Kingdome; and the King of Poland is also supreame to censure, or punish any of his owne Tenants, and Vassals, or Slaves; yet is he not supreame to censure, or punish any of the chiefe Nobility, but by consent of his Assembly, or Court of Peers; nor can hee meddle with any of their Tenants, Vassals, or Slaves; or determine absolutely of Peace or Warre, &c. In the Common-Wealth of Geneva (which he calls a pure Democracy) the People in generall are supreame to nominate, or elect Two Hundred which are the Grand-Councell; and those Two Hundred are supreame to nominate, or elect the Twenty five, and yet not supreame to elect the foure Syndiques, or Annuall Governours, or rather Rulers, &c. So that it is no good consequence (as afore-said) to affirme that, if the Supreame Court be not supreame to all intents, it is not supreame to any intent, because there is another above it. For in Geneva it is evident, that the Two Hundred or Grand-Councell, is the supreame Court, and yet not supream to all Intents; the People indeed, or Common-Wealth in generall, (which are the supreame Power, though not Court) are supreame to all Intents; but of that hereafter.

9. But the Gentleman sayes, that there are in the Kingdome so many thousand Acres of Land, either the Parliament may settle, and determine the Right of all their Acres (hee meant surely those Acres) or not of any one of them, for there is no medium, &c. But what is this to the purpose, of the Parliament having a power to dispose of all Subjects’ Estates ad placitum? Who knowes not, but that the Parliament can determine the Right of all Acres in England, in foro judicii, as v. g. the Parliament can determine whether White Acre belong to Right to Oakes, or Stiles, let the Title of either of them be never so difficult, or obscure, and the Parliament can determine whether or no, Oakes or Stiles have forfeited their Propriety of, or to White Acre for Delinquency, &c. Moreover the Parliament can (which no other Court can doe) applicare in necessitatem Regni, apply to, or for the necessity of the Kingdome so much of the profits of White Acre, as to them shall seeme convenient; provided that the cause, or causes thereof be made manifest, that Oakes, Stiles, and all men may (if they will) take notice thereof; and provided also, that an Accompt be given how and which way the profits of White Acre have beene for such cause, or causes applied, and disposed of; for no Free-born Englishman (much lesse the Nation in generall) ought to be deprived of any his Right, or propriety without good cause. Notwithstanding the Parliament of England cannot disponere ad Placitum, dispose at their will and pleasure barely of White Acre (no, nor of one Acre of waste in England) v. g. that whereas White Acre belongs of Right to Oakes, Stiles shall notwithstanding have it because it is their will and pleasure; this they cannot doe; for at what time they should do it (albeit I suppose it almost impossible that they should do it, as I have formerly instanced) they faile, or fall from the Protection of the People, and usurpe to themselves an absolute Arbitrary and irregular Power, destructive to the generall good of the People and consequently cease to be a Parliament, and become Tyrants and Oppressors.

10. I cannot therefore but somewhat admire, that a Lawyer, and one that seemeth unto me to have understood Logic, should be (having been as it seemes to me sometimes seasoned with Intellectuals) so unsound in his Intellectuals, as not to distinguish between Disposing at Pleasure, and Determining of Right, or setling according to Right, being things of a different species, and not magis, or minus, in the same species. But it is not amisse to take a little notice how the Gentleman opposes himself; in his Book Page 4. he sayes, it is resolved in the Earl of Leicester’s Case, that an Act of Parliament against the Law of God and Nature is void; but this must be cautiously understood (sayes he) that I speak not of secundary, or lesse principalls of Nature, &c. Pray let him tell me, whether to dispose of Oakes’, or Stiles’ white Acre ad Placitum, be not directly against the Law of God and Nature; the Decalogue sayes, Thou shalt not steale; Thou shalt not desire thy Neighbour’s house, &c. And Nature dictates, doe, as thou wouldst be done unto. Now he, or they that dispose at their owne pleasure, of their Neighbour’s Acre, or Acres, do steale, for that he, or they deprive their Neighbour, or Neighbours of their Right, and Propriety; they covet also, for that they desire, and acquire to themselves a power of disposing at pleasure; they oppose also directly the Law of Nature, for they would not have anyone to dispose of their Propriety ad Placitum, or at their own wills, and therefore ought not to doe it to another; so that if the King and Parliament should make an Act, or King, or Parliament make an Ordinance, that they might dispose of all Subjects’ Estates, ad Placitum, &c. they oppose the Law of God and Nature, and even by his own citation, and assertion, it is void. And I am sure it is also directly opposite to the Rule, frame, and constitution of a free Nation (such as are the English, being no Turkish, or Muscovian slaves) where the Rulers and Governours are but intrusted (as I in my former Treatise have instanced) for the generall good of the Nation. And the Gentleman, albeit he hath cavelled at me in the latter end of his Book, yet hath he confessed, and acknowledged as much in his Epistle Dedicatory in two severall places. The first is by me already cited, notwithstanding I will mention the words again; which are, all Power and Authority is given for Preservation, and Edification, nothing for destruction, and desolation; the others in the same page are, for by the fundamental constitutions of this Kingdom, and the very frame and series of Government, the Power is intrusted into their hands to superintend and supervise all other Courts of Justice. Now surely if Power be intrusted to the Parliament (as truly it is) then can they not go beyond their Trust to dispose of the Free People of England their Estates, ad Placitum, but only to determine of them, ad Rectum, or Ius, or to apply them ad necessitatem Regni, to or for the necessity of the Kingdome, of which necessity they are the Judges. The Gentleman sayes, that many a man marries a widow that would be gladly rid of her children. For my part, I know not whether, or no, the Gentleman be married; or whether he have married a Maid, or Widow, but I am sure (if he rightly consider it) he may be glad to be rid of his sickbrain begotten Childe [his Asserveration that the Parliament is unlimited, and consequently may dispose of all the Subjects’, or Peoples’ Estates, ad Placitum] for I verily believe, that no man found in his Intellectuals will harbour it, or give it entertainment, nor can himself sustain it.

11. I grant him that the Parliament is the highest Court extensive (viz. to conserve the Rule, Order, &c.) but the People in generall (viz. the Counties, Cities, and Towns corporate) are the highest, or greatest Power Intensive, in that they are the efficient, and finall cause under God, of the Parliament. Now the efficient and finall causes are the most noble of causes, nor are they, or can they be subject, or subordinate to their owne effects, so farre forth as they are causes of such effects; so that the Parliament can never deprive the Counties, Cities, and Towns Corporate, by an Act, or Ordinance whatsoever, of their innate, and inseparable Right and Power of Electing, or creating Knights, Citizens, and Burgesses, de futuro, or for time to come, whereby a Parliament might be instituted, or assembled by any other way, than by way of free Election. No more can the Parliament deprive the free People, or Nation of England, of their Generall Liberty, and propriety, for in these things the Sphear of the Parliament’s Activity is circumscribed by the Nation’s large Bulke of Primitive, or intensive Power. Wherefore the Gentleman mistakes when he sayes page 89. It is impossible that the supreame Court in any Kingdome should be limited, &c. In these Precedents, amongst free Nations all supreame Courts are de facto, limited; as in Aragon, Geneva &c.

And for my part, I cannot find that the Parliament Practiceth an unlimited or absolute Power, for amongst other things they have instituted Committees, and Sub-Committees of Accompts, not only to vindicate themselves from the scandall imputed by some, (viz. that the Parliament should exact more from the people than the necessity of the Kingdome required, &c.) but also to give the people a generall satisfaction, how, and which way their Estates are applied, and imployed for the Necessity of the Kingdome.

12. And now I think good further to satisfie the Gentleman and such as adhere or incline to his opinion aforesaid, concerning the Primitive or Intensive power of a free People. I have already said that a free People are ever free to dispose, and determine themselves in Bonum commune, prout omnibus vissum erit, to a generall common good, as it shall seeme good to themselves: and that they never part, or parted with this power, for that at what time soever they should doe it they cease to be Populus liber, or liberi subditi, a free People &c. And to make this Assertion more conspicuous, and plaine, I instance this simile; Joint Free-holders, or Free-holders jointly, let a Lease for one thousand, or two thousand yeares, if the World endure so long, with reservation notwithstanding of a continuall acknowledgment to themselves, or otherwise the said Lease shall determine, and cease to be, and it shall be lawful for the said Free-holders, their Heires, or Successours to reenter into the said Free-hold, or Free-holds, and to dispose and settle them, at their pleasure. Even so a free Nation, or People let a Lease of their power for one thousand, two thousand, ten thousand yeares if the World so long endure, (no matter what time) to their Rulers (whom they institute and intrust) in which they give and grant power to them of Determining conserving, and applying their Liberties, Rights, and Proprieties justly, So to the particular good of every man, as may not repugne the generall good of all; so to the generall good of all men, as may not annihilate the particular good of one unjustly, or indirectly; with reservation notwithstanding of a continuall acknowledgment to, or for themselves, that they (viz. the Nation, or People) are the efficient cause of their power, by electing, and creating them; and that they are not to domineer over, or dispose of their Liberties, and Proprieties, ad placitum, but only to determine of them ad Rectum, and apply them to the generall good of the Kingdome, according to the necessity of the Kingdome, Nation, or People, as aforesaid; if otherwise their Power determines, and ceases to be; and it may be lawfull for the Nation or People to re-enter viz. to make use of their first primitive power, and to dispose and settle themselves at their pleasure, or as they shall think good. And even as the Free-holders cease not to be Free-holders, notwithstanding their long Lease, for that there is a Reservation of a continuall acknowledgment due unto them, and a power of Re-entry in case of Breach of Covenants, and the like; even so a free Nation, or people, cease not at any time to be free, notwithstanding their long Lease of Trust, for that there is a Reservation of a continuall acknowledgment belonging unto them (viz. that they are the efficient cause, de saeculo in saeculum, from Age to Age) and they have likewise a power of using their power primitive, and intensive, or power alwayes intended and reserved, in cases aforesaid. Notwithstanding, as the Free-holders cannot re-enter, but only in case of Breach of Covenant aforesaid; for if otherwise they do it, they are meere usurpers, and Oppressours; so the free Nations, or people cannot use their primitive, or intensive power, but only when the fundamental frame of their Efficient Power and their Liberties, and Proprietie are destroyed or violated ad placitum, as aforesaid, if otherwise they doe it they are meer Rebels and Anarchists, for they have intrusted all their other Judiciall Power concerning Determination, Conservation, and Application to their Rulers.

13. The Gentleman whom I have formerly cited hath said in his Book, that he never heard or read of anything more prejudiciall to the Parliament’s Authority, than my Assertion in my last Book, and in this, (viz. that the Parliament cannot dispose of the Free-people, or Subjects’ Estates here in England, ad placitum; but I must tell him that I never read of a more prejudicious, or pernicious to the Parliament, than to say that they may doe it; for what say many of the vulgar; if the Parliament may dispose of our Estates at their pleasure, how shall wee know that they will not? If any man tell them, that it is very unlikely, that so many will never consent to doe such a thing, for that they might by that means enslave their own Posterities. What say they, if they can dispose of all the Subjects’ Estates ad placitum, for ought we know they might exempt themselves, their Heires, and Successours; and likewise for ought we know they might make a Law that they will no more be Elected, or created by the Counties, Cities, and Townes Corporate, but by a perpetuall Denomination by, or from themselves. And what can be of more dangerous consequence, than that such an Opinion, or Opinions as these should once take root in the mindes of the Common People? And what can sooner cause them to take root than that they finde and reade a printed Booke allowed of to that purpose? But if one tell the vulgar, that the Parliament cannot dispose of the Subjects’ Estates ad placitum, or meerly at their pleasure, but that they can only apply in an equall way the Estates of the People to, or for the necessity of the Kingdome, of which Necessity they are the Judges; and likewise that the PARLIAMENT cannot make a Law, or Ordinance, that the Knights, Citizens, and Burgesses, shall, or may be appointed, or denominated by themselves (thereby to alter the frame and constitution of this NATION) but that they must perpetually from Age to Age be Elected, or created by the Counties, Cities and Towns Corporate; then they begin to harbour a better Opinion, and are more inclinable to undergoe their Ordinances. And I believe that the intent why the HONOURABLE HOUSE OF COMMONS published lately a Declaration the Seventeenth of April, 1646.6 Ordered to be read in Churches, was to undeceive the People that they never had any thought to dispose of their Estates ad placitum, and so forth; for they expresly say, and Declare, To maintain the Ancient and Fundamentall Government of this Kingdome, to preserve the Rights and Liberties of the Subject, &c. Wherefore I would not have the Gentleman, or any other to run beyond the marke; I like not Quid nimis, it hath been the cause of many Enormities in Church and Common-wealth. For my part I wish, as I have ever wished, and formerly expressed myselfe, that the King might enjoy his just Prerogative (as some call it) or Right of Reigning; and I wish, and desire as much as any other, that the Parliament might sustain their Priviledges, and Judicatory Power. But I could never suffer, nor would I if it were in my power any way to prevent it, endure that my Nation, or Fellow-Subjects should be enslaved by any Exorbitant Power (Potentate or Potencies) Forrain or Domestic; And I doubt not, but that the Ruler of Heaven and Earth will by his Divine Providence establish such Rulers and Rules in this KINGDOME, as may be a meanes to conserve this Nation from slavery and thraldome, AMEN.

Furthermore, having in my former Treatise and in this affirmed that the Parliament is the supreame Power Judicatory to censure and determine all matters doubtful, and disputable (for such hath been the constitution of this Kingdom for many Ages) I conceive therefore that the Parliament may, and have only Power to settle what form of Religion they shall think good; and albeit they should erre therein (as Parliaments may erre, and some de facto have erred) yet their Ordinances oblige Iure humano; that is, men ought either to obey such Ordinances, or if otherwise their Consciences dictate such Ordinances to be erroneous, they ought to undergoe such penalties as should be by them inflicted if they should impose or ordain any such. And as it is in the power of the Parliament to inflict penalties, so is it in their power to mitigate penalties, or inflict none at all for matter of Religion; wherefore for my part I greatly honour and reverence the care that the Parliament seemeth to take, and which the Honourable House of Commons have published in their Declaration 17. April 1646. already mentioned, That they have not as yet resolved how tender Consciences, such as differ not in Fundamentals may be provided for, so as may stand with the peace of their soules, and peace of the Kingdome; thereby intimating that they intend not to use severity, for matters of Religion meerly (a course though practiced by Pagans, befitting no men, much lesse Christians) but rather by clemency to induce men to embrace, or follow such Orders, or Ordinances touching Religion, as they shall institute. Moreover, I cannot but greatly blame such as would save men’s Consciences wrackt and enforced in disputable matters, or Tenets of Religion; such as blame Domineering in others, and yet would exercise it themselvs not considering what the Apostle Pet. hath written, I. Pet. 5.3 μηδ’ ὡς κατακυριεύοντες τῶν κλήρων ἀλλὰ τύποι γινόμενοι τοῦ ποιμνίου that Rulers should not be as over-domineering Lords or Christ’s Flock, but as Types, or examples to the flock; nor do such consideratly weigh the Apostles’ words, Gal. 6.1 Brethren, if a man be overtaken in a fault, ye which are spirituall, restore such a one in the spirit of meeknesse, considering thy selfe, least thou also be tempted. He bids them not menace, much lesse persecute for errour, nay the Apostle directly forbids it, Gal. 5.15. But if ye bite, and devour one another take heed ye be not consumed one of another, as if he had said, if ye break the Bond of Christian Charity, take heed least God give you not over to your malicious intentions and practices, by which ye may become Instruments one to destroy another. The holy Apostle likewise Rom. 14.10. forbiddeth men directly not so much as to judge a Brother for things indifferent, or for things which Christian Liberty in Christ giveth leave unto; for saith he, We shall all stand before the Judgement Seat of Christ: but it may be some will say, these, and such like Councels, or Precepts of the Apostle were spoken, or delivered by him concerning meeknesse, to be used in admonishing our Brethren, in errours meerly of Practice not of Doctrine, or in things not cleerly expressed in Scripture, not in things evident and plain in Scripture. To such I answer; what are the great matters in debate and controversie, or rather small matters in great strife, and contention now adayes agitated, but either matters meerly Practicall or exteriour Formes of Worship and Ceremonies, whether tollerable, or intollerable; or else matters obscure, or but by probable Arguments deducible out of Scripture, as Lay-Elders (a Businesse now of dayes, of no small consequence) whether they be not sufficiently warranted by this Text I Tim. 5.17. Let the Elders that rule well, be counted worthy of double honour, especially they who labour in the Word and Doctrine; the Greek hath it, οἱ κοπιῶντες ἐν λόγῳ καὶ διδασκαλίᾳ “labouring in Word and Doctrine,” and from hence it must be deduced forsooth, that there were some Elders that did not labour in the Word and Doctrine, and consequently that such were Laymen. Truly others that are as sound in their judgments (it may be) as those that make this Deduction, will say that the meaning of that Text is this viz. Presbyters (or Elders) that rule well be accompted worthy of double honour in respect of the younger or inferiour; but chiefly such as beside their care, and ordinary performance of their charge labour extraordinarily in Preaching, and exhorting or edifying; even as one might say, let Civill Magistrates that govern well be counted worthy of double honour, in respect of other ordinary, and inferiour Persons; but chiefly such as beside their care, and ordinary performance of their Offices, according to their Oathes, and Duties, labour extraordinarily for the Publique good, by advising, and consulting. I doe not finde that it could be deduced from this last inference, that Clergiemen were, or ought to be Civill Magistrates; nor can I finde that it can well be deduced from the Apostle’s words, that Laymen ought to be Presbyters, or Church-Elders: and yet a great deale of stirre is kept about this businesse, and such like; And some would faine have their but probable Deductions, if so much, to be Orthodoxal Expositions, and so to be held de jure Divino, that’s no presumption. But by the favor of such, I would fain know whether they are infallible, or no; if no, why would they then impose their Expositions de Jure Divino; if they are infallible, I would gladly know how they now come by such an extraordinary gift of Infallibility, and that the World (by their own acknowledgment) hath wanted it for so many Ages, as they say, in all Ages since the Apostles’ time; as I have said, that in Civill Affaires there should not be Quid nimis; so I say in Church-Affaires and wish that men (for alas what are we all but men) would not take upon them Quid nimis, especially in matters either indifferent, or else obscure, and difficult or such as may admit of severall interpretations, and Constructions. I will instance for Example sake one Text of Scripture; viz. ἐν ἀρχῇ ἦν ὁ λόγος &c. In the beginning was the word, &c. All Divinity tells us that Eternity is Identicum nunc, the selfe-same now, and that it hath neither Prius or Postivius, beginning, or ending; what beginning then can the Eternall Word (or Sonne of God) have? No beginning in time, because Eternall, nor in Nature because Increate. What beginning then? Or what may the word Beginning in that place signifie? Some will have the meaning of that Text to be this; In the beginning when the World was created, the word (verbum mentis) of the Father’s understanding was, and so if that were in the Beginning, that was before all Beginning; but this is no good consequence, sayes an Arrian, for the word might bee before the World, and yet be a patre tanquam effectus a causa, be as an effect caused by God the Father, and so have some beginning (as every effect hath) though before the World and to hold this is Heresie, for that the Father is not causa filii, but only Principium filii, not the cause, but naturall beginning of the Sonne. Others will have the meaning to be thus; in that beginning, or instant (which was, and is ever, or Eternall) wherein the Father knew formally his Essence, and Attributes, he spake, or begot the word of his mind, or understanding, being a Terme of his infinite Knowledge, not produced by necessity, or will, but emanating, or flowing as it were by naturall faecundity. Others will have the meaning to be thus; in that beginning or instant aforesaid, wherein the Father knew not only formally his Essence, and attributes, but also all creatures possible and existent he spake or begot the word of his mind or understanding; for say they, the word which is the Terme of the Father’s infinite Knowledg, is a perfectissima, & plenissima cognitione ejus, from his most perfect, and fullest knowledge; and from hence arise divers Arguments pro & contra, not only between the Thomists, Scotists, and other School-men, but also amongst other sorts, or Sects of Christians; but must men for these or the like disputable differences cut one another’s throats, or persecute one another? God forbid, there is not the least warrant in the New Testament for it. In the time of our blessed Saviour’s passing his humanity on the Earth, some there were casting out Devils in his Name, whom his Disciples forbad because they followed not Christ as they did; but our Saviour rebuked them, and bade them suffer them, and let them alone, saying he, or they that are not against us, are with us, adding moreover that it was not likely that any one should doe a miracle in his Name and speak ill of him. Our Saviour said not, that such as workt miracles in his Name should confesse, and speake all that ought to be confessed, and spoken of, or to his honour; but that such as spake not ill of him should (if they confessed his Name) be permitted, or suffered in this World. And shall not we then suffer one another in matters of Religion? Shall we ambitiously compasse our Neighbour’s goods, or meanes, under pretence of Religion, thereby scandalizing Christianity. No! Let all self-ends be abolished, and Peace and Union be embraced that we of this Nation may become an Elisium of comfort of Christian Charity, and mutuall Amity, one to another, and a Precedent of them all to other Nations.

William Ball
finis.
Endnotes
1.

William Ball, “Tractatus de Jure Regnandi & Regni: or, the Sphere of Government,” (25 October) 1645. Wing B597.

2.

John Cook, “The Vindication of the Professors and Profession of the Law. By way of Answer to a printed Sheet intituled Advertisements of the New Election of Members for the House of Commons,” [6 February] 1646. Thomason Tracts E320 (17).

3.

This expression means a thing accursed.

4.

See reference on p. 287.

5.

See Ball, “Tractatus,” 13.

6.

“A Declaration of the Commons of their true Intentions concerning the Government of the Kingdom, the Government of the Church, the present Peace, etc.” (London), April 17, 1646. Wing E2562. Note by George Thomason states that four thousand copies were ordered to be printed, distributed throughout the “county,” and set up in every parish church.

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T.67 (3.8) [William Walwyn], The Just Man in Bonds (23 June 1646).

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T.67 [1646.06.29] (3.8) [William Walwyn], The Just Man in Bonds (29 June 1646).

Full title

[William Walwyn], The Just Man in Bonds, or, Lieut. Col. John Lilburne close prisoner in Newgate, by order of the House of Lords.

Estimated date of publication

23 June 1646.

Thomason Tracts Catalog information

TT1, p. 447; Thomason E.342 [2]

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Since this worthy gentle mans case is mine, and every mans, who though we be at liberty to day, may be in Newgate to morrow, if the House of Lords so please, doth it not equally and alike concerne all the people of England to lay it to heart, and either fit both our minds and necks to undergoe this slavery, or otherwise thinke of some speedy and effectuall meanes to free our selves and our posterity there from.

This noble and resolute Gentleman Mr. Lilburne, then whom his countrey has not a truer and more faithfull servant, hath broke the Ice for us all, who being sensible that the people are in reall bondage to the Lords (and that the Lawes and Statutes providing to the contrary, serving them in no stead) hath singly adventured himselfe a Champion for his abused country men, nothing doubting but that he shall thereby open the eyes, and awake the drowsie spirits of his fellow Commoners, or rather Slaves (as the case now stands) with them; and likewise animate the representative body of the people, to make use of that power wherewith they are trusted to free us, themselves, their and our posterities, from the House of Lords imperious and ambitious usurpation.

Object. Some through ignorance, or poverty of spirit, may (peradventure) judge Mr. Lilburne a rash young man for his opposing himselfe against so mighty a streame or torrent of worldly power, which the Lords now possesses. To such I answer, 1. That the power of the House of Lords, is like a shallow, un-even water, more in noise then substance; If we could distinguish between what is theirs of right, and what by encroachment, we should soone find that they have deckt themselves with the Commoners brave feathers, which being reassumed, they would appeare no better arrayed then other men, even equall by Law, inferior in uprightnesse, and honesty of conversation: We should then find that they are but painted properties, Dagons, that our superstition and ignorance, their owne craft and impudence have erected, no naturall issues of lawes, but the extuberances and mushromes of Prerogative, the Wens of just government, putting the body of the People to paine, as well as occasioning deformity, Sons of conquest they are and usurpation, not of choice and election, intruded upon us by power, not constituted by consent, not made by the people, from whom all power, place and office that is just in this kingdome ought only to arise.

2. Mr. Lilburnes opposing himselfe against this exorbitant and extra-judiciall power of the Lords, ought rather to be admired by us a pitch of valour we are not yet arrived too, through the faintnesse of our spirits, and dotage upon our trades, ease, riches, and pleasures, then censured by us as rash or furious. He that dares scale the walls of an enemie, or venture himselfe upon the utmost of danger in the field, is not judged rash but a valiant man, unlesse by those low spirits that dares not doe as he hath done. Let us therefore rather blame our selves for want of fortitude, then accuse him, as having too much.

Consider I pray the great danger we are in, if the Lords thus presume to clap a Commoner of England in close prison, even now when the Commons of England are sitting in Parliament, who are put in trust, and enabled with power to protect the people from such bondage (yea and so suddainly after they have in effect declared, that they will doe it, in their Declaration of the 17. of April last) what injuries will not these Lords doe to us, when the Parliament is ended, and the people have none of their owne Commons nor Trustees to protect them, heare their cryes, nor redresse their grievances; What prison or dungeon will then be base enough, what punishment or torture great enough for them, that are not cowardish enough so to be slaves and bond-men? And so is not the last errour, like to be worse then the first?

Death it selfe is more tollerable to a generous spirit, then close imprisonment, besides the continuall feares that such an inhumane practice brings with it, of private murther or poisoning, as there are manifold examples of such cruelties, of which Overberies was not one of the least who was poisoned in the Tower, and to salve or colour that wickednesse, it was strongly given out and avouched that he murthered himselfe, though afterwards divers were hang’d for it, and the Earle of Somerset and his Countesse hardly escaped. Sir Richard Wiseman was moped and stupified with his close imprisonment, and what mischiefes (of divers sorts) may be done to honest and faithfull Mr. Lilburne upon this renued opportunitie by the Lords (as he had too much formerly by the Bishops, though contrary to all equitie and justice, yea and even to the Lords owne reparations which lately they voted and alotted to him) whiles he is now close prisoner in their owne hands, who know him to be their chiefest opposite in all their usurpations and encroachments upon the Commoners freedomes? doth it not concerne all the Commons of England to consider and prevent the same, especially their great and generall Counsell in Parliament assembled.

Lay to heart I beseech you O YEE HOUSE of COMMONS, that neither your selves nor your children can plead any immunitie or security from this cruelty and bondage of the House of Lords, if now yee be slack or negligent, but yee may justly expect and feele the smart thereof upon you and your posterity, as well as we upon us and ours, at least after you are dissolved, and dismissed from your Authorities. And is not this one of the maine points for which yee have put your selves, us, and so many of this Nation as stand in your defence, to the effusion and expence of so much blood and multituds of estates?

If yee did intend to expose this Kingdome to the miseries of warre for no other ends but that one kind of Arbitrary government, Starchamber, or High Commission Power, might be abollished, and others of these kinds established over us, why would yee not tell us in due time, that wee might have both spared our lives and estates, and not made so many souldiers, Widowes and fatherlesse to mourne at the Parliaments gates, for the manyfold wants occasioned by your service, and made us sooner like humble vassals, to present our selves like slaves upon our knees at the House of Lords Barre, and suffer our eares to be bored through with an aule, in testimony that wee are their bond-men for ever.

But if yee would either free your selves of this suspition, or us of those just feares, then shew your selves to be such worthies as doe truly deserve that title, by using this happy oppertunity which God hath put into your hands, and making us free-men; it being the maine cause for which wee used and intrusted you; and as a present signe of your fidelity and magnanimitie, let your reall intentions in the generall appeare by the exactnesse and speedinesse of your delivering of this your owne, and his Countries faithfull servant Mr. Lilburn from prison with all due reparations.

Banish all base fears, for there be more with you then against you, and the justnesse of your cause will daylie increase both your number and power, for God is alwaies present where Justice is extant, and yee cannot but observe by manifold experiences that he not only loves and protects just men, but by his Almighty power so abaseth all their Enemies, that they shall flee before him and his, like the dust before the wind: If yee will but take example by the courage and justice of your owne Armies, and doe as they doe, doubtlesse the same God who hath prospered them will also prosper you, yea and be with you, in all your proceedings whilst yee are with him, but if yee forsake him, (by denying, selling, or delaying justice, contrary to your duties, Oaths, Covenants, Protestations, and declarations) he will also forsake you, as he hath in all ages (even his owne People for their injustice, sins, and abominations) and stirred up both forraigne and intestine enemies to revenge his just quarrell and true cause against them.

For more particular information, these ensuing lines will be a speciall meanes.

Upon the 22. of June 1646. the House of Lords sent an Order to the Keeper of Newgate, to bring Mr. Lilburn before them upon the 23. thereof at ten a clock, wherof he having notice that morning, wrot a letter to the said Keeper, declaring his just liberties and the House of Lords usurpation thereof, contrary to Magna Charta and other fundamentall Lawes of this Kingdome and that he would not go to them willingly, but had appealed and petitioned to the House of Commons, and therefore he desired the Keeper to take heed what he did, lest he could not recall any violent action, not grounded upon Law:

And after Mr. Lilburn had sent the said letter by his wife, together with the printed coppy of his protestation against the House of Lords illegal proceedings against him as a Commoner, & his appeale & Petition to the House of Commons, as his competent Judges, but shee not finding the Keeper at Newgate prison, nor at his owne house, & the hour of his appearance before the House of Lords near aproching, shee delivered the same to the Sheriffs of London, being then in Guild-hall at the Court of Aldermen, where doubtles both the said letter and book were read, and as Sheriffe Foote informed her, that they sent a messenger to Newgate with their answer, what it was, is not yet knowne.

But if it came at all, it was not in due time, for after the deputy Keeper and his assistants had attended halfe an hour for Mr. Lilburns comming from his chamber to go with them before the House of Lords at the time appointed, and upon his constant refusing to go willingly with them (or so much as to open his Chamber doore, but shut it in token of his constant opposing so unjust a power over him a free borne English man) and before the messenger whom he sent to Guild-hall with their consent, had returned with an answer (and whose returning they promised to attend) [they brake open his doore, tooke him away to Westminster] and no messenger was sent (who yet wee have heard of from the Court of Aldermen.

When they had brought him to the painted chamber next the House of Lords doore, where he attended with his Keepers almost two houres before he was called in, (as it seemeth) the House of Lords servants and attendants, taking notice of the intercourse of Parliament men and others speaking to him told their masters thereof, and lest their usurpation of the Commons liberties, and his just cause should be manifested as well by word, as by writing, the Lords did call his Keepers and commanded them that they should speedily charge him to hold his peace, and speake with none at all; but to be altogether silent untill he was called in before them to answer their interrogatories.

Unto whom he returned this answer, and had them tell the same to the House of Lords who sent them, that he would not hold his peace, but speak with any man who in the way of love spake to him, so long as he had his tongue, except the Lords should put a gag into his mouth as their Fellow Lords the Bishops did to him 8 yeares agoe, on the Pillory at Westminster, after they had caused him to be whipt from the Fleet prison thither, and after he had told them their spirituall usurpations, as it doth these Lords their temporall encroachments on free mens liberties.

Then he being called into the House of Lords, was commanded by their Keeper of the Black-Rod to kneele before them, which he absolutely refused to doe, and after their still urging, and his constant refusing, they asked him the reason, he answered that he had learned both better Religion and manners then to kneele to any humane or mortall power how great so ever, whom he never offended, and far lesse to them whom he had defended with the adventure both of his life and estate, yea and withall the friends he could make: whereupon they not only returned him to Newgate prison, but commanded him to be kept close-Prisoner, as appeareth by these ensuing orders.

Die Lunae 22. Junij 1646.

Ordered by the Lords in Parliament assembled, that Lieu. Col. John Liburne now a prisoner in Newgate, shall be brought before their Lordships in the [High Court Of PARLIAMENT] to morrow morning by ten of the clock: And this to be a sufficient warrant in that behalfe.

To the Gent. Usher of this House, or his Deputy, to be delivered to the Keeper of Newgate or his Deputy.

Joh. Brown Cler. Parliamentorum.

Die Martis 23. Junij. 1646.

Ordered by the LORDS in PARLIAMENT assembled, that John Lilburn shall stand committed close prisoner in the Prison of Newgate; and that he be not permitted to have pen, inke, or paper; and none shall have accesse unto him in any kind, but only his Keeper, until this Court doth take further order.

To the Keeper of Newgate his deputy or deputies.

Joh. Brown Cleric. Parliamentorum.

Exam. per. Rec. Bristoe Cleric. de Newgate.

FINIS

T.69 (3.10) William Larner, A Vindication of every Free-mans libertie (June 1646).

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T.69 [1646.??] (3.10) William Larner, A Vindication of every Free-mans libertie against all Arbitrary power and Government (June 1646).

Full title

William Larner, A Vindication of every Free-mans libertie against all Arbitrary power and Government, Or, A Letter of William Larner, Prisoner, to Sir Henry Vane junior, a Parliament man: Wherein is set forth his unjust Imprisonment, and cruell hard dealings towards the said William Larner.

The pamphlet contains the following parts:

  1. Letter
  2. To the Right honourable, the Lords assembled in Parliament. The humble Petition of Hellen Larner,
Estimated date of publication

June 1646.

Thomason Tracts Catalog information

Not listed in TT.

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Honoured Sir,

IT is not unknown unto you, my suffering condition, being in some measure set forth unto you, in my Letter of the 3d. of April last past, which I sent you then: I expected according to your undertaking and promise, you would have done somewhat whereby I might either have been freed from these my bands, or otherwise brought to triall, according to Law, and not thus to have suffered me to languish in prison, as many more do. The House of Commons have declared, that they will not exercise any Arbitrary power, or suffer it to be done by any other, but according to the fundamentall Lawes of this Kingdome, Justice and right to be done to every man without respect of persons: Besides, you have bound your selves by Oath unto, and by a Law confirmed the Great Charter of Liberties, for the preservation whereof we have adventured all, in assisting you against the oppugners thereof.

But now contrary to your Oathes, Protestations, Lawes and Statutes of this Kingdome, am I still detained in prison, to the ruining and utter undoing of my wife and family, all means of subsistence and livelihood being taken from us, yet you seem regardlesse of it, as if it were a matter that concerned you nothing. Sir, I pray you to consider, that if the oppressions and severall grievances of men in particular be not redressed, what avails your generall Laws? If you that are Members of the House, refuse to present our grievance and just complaints, to the House, what hopes can we have to receive any comfort of relief there, whatsoever good that Honourable House intends us? So as indeed you that neglect or refuse to open your mouths (being bound by Oath and the duty of your place thereunto for us) in presenting our Petitions, conditions and sufferings, to that Honourable House, may you not be truly said to be such as are the betrayers of our Liberties, covertly doing more disservice to the Parliament and State, then the Enemy that openly fighteth against them: The Enemy discovers themselves (by oppugning the Laws and our liberties) what they be; but you whilest you retard the delivering up of our complaints, thinking the fault to be in the House, causes us to conceive hard thoughts against them, brings us into a dislike of their government, and thus you do the work of the Enemy; and by thus neglecting us, do the Parliament more harm, and in time (if not provided for) will prove more dangerous then all the machinations and attempts of the adversary: For, the people begin already to look upon you, as men carrying on your own designes and peculiar and private interests, under the Veil of publike pretences, and that your care is how to get great Offices and places for your selves and your friends, and while you suffer us the Commons to be spoiled of all, to lie in Prisons, and undergo all miseries, wants and extremities, you be nothing troubled thereat, so long as your selves fare well; this is utterly a fault in many of you, of no little blemish and shame for you, and cannot be imputed to be little lesse then meer madnesse, in thus exasperating our spirits, and alienating our affections from you, and yet to stand upon so high tearms with the contrary party.

Till you by actions manifest, as by your words you have declared to the world, to be the men you professe and would seem to be, I and others shall doubt that you intend nothing lesse then our good, or peace. For hitherto you have sworn and protested, but all as yet in vain: For these our Bonds and Imprisonments shew them to be (hitherto) emptinesse and Winde; and if this be continued, these courses will make the people hate you, and as you have been regardlesse of their burthens and complaints, so (I fear) when you shall expect and most need their help, they will dissert you.

Sir, are we a free-born people, or are we born slaves? What I pray you, makes you to differ? who brought you into that House? whether your own greatnesse and power, or the peoples love and Election? If by the people, how comes it then to passe, that their grievances and complaints be so little minded, and themselves so contemptible in your eyes? (as if meer slaves:) Beware, lest losing and neglecting them, you lose not your selves: Excuse my plainnesse and freedome; for if I hold my peace, I see destruction; by putting my self forth this way, I may happily save you and my self, in awaking you out of this drowsinesse, carelesnesse (of our common liberty) with which you are so deeply overtaken.

You see in what condition you have brought us, even into a condition worse then slavery, yea, worse then death; for in death sorrow is not remembered; bread is provided for the slave, but we your prisoners (loaden with sorrow, broken with affliction) mewed up in your prison houses, oftentimes wish for death and cannot finde it, nor any bread you provide for us, hunger-starved men, and we pine in prisons, not pitied, not lamented.

Sir, if I have offended, if I have transgressed any known law, I then crave the benefit of the Law, the liberty of a Free-man; that, either according to the same I may be tried for my justification or condemnation, or otherwise; that I may be holden no longer from my charge and* calling, in this my tormenting Prison.

You have confirmed Magna Charta, and many other good Lawes since made in favour of our Liberties, and yet unrepealed; which if they were duly put in execution, I then should not doubt but to come forth out of prison, to the confusion of the faces of such as prosecutes, and maliciously informs against me: In the beginning of this Parliament you brought us out of Prisons, approved our standings and sufferings against the Exorbitant and Arbitrary power and Government of the Starchamber, Councell Table, and high Commission Court. These your incouragements made us bold, did you finde us ungrateful? We are the same men still, we have the same affections to you, and if by you we may receive one Ordinance, viz. The Ordinance of Justice, then assure your selves, we to our abilities will not be wanting to you, but will be ever ready to spend and be spent for you: Thus hoping you will at length answer the expectation of a Free-man of England wrongfully imprisoned, and no longer adde to the sins of the Prelates, to the increasing of wrath, by imprisoning and unjustly tormenting, just and free persons. In expectation whereof, Sir I am, and will remain

From the Prison in Maiden-lane this
3. of June, 1646
.
Yours in all due respects to his power:
Will: Larner.

To the Right honourable, the Lords assembled in Parliament.

The humble Petition of Hellen Larner, in the behalf of her husband William Larner, and their two servants, John Larner, and Jane Hale.

William Larner
Larner, William
Sheweth,

THat your Petitioners husband, hath now stood committed more then 8. Weeks, and their servants in the Fleet four Weeks, upon a false suggestion of Hunscots (the Stationers Beadle) a malicious adversary of your poor petitioners husband.

Your Petitioner most humbly beseecheth your Honours, to commiserate our deplorable condition, whose meanes of livelihood, depends solely upon their calling and liberty, and therefore according to your noble clemencie, to be pleased to assigne unto them, their liberty out of Goal, free of all prison fees:

And your Petitioner as bound, shall pray, &c.
William Larner.

T.70 (3.11) [Richard Overton], A Remonstrance of Many Thousand Citizens (7 July 1646).

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Bibliographical Information

ID Number

T.70 [1646.07.17] (3.11) [Richard Overton], A Remonstrance of Many Thousand Citizens, and other Free-born People of England, To their owne House of Commons (17 July 1646).

Full title

[Richard Overton], A Remonstrance of Many Thousand Citizens, and other Free-born People of England, To their owne House of Commons. Occasioned through the Illegall and barbarous Imprisonment of that Famous and Worthy Sufferer for his Countries Freedoms, Lieutenant Col. John Lilburne. Wherein their just Demands in behalfe of themselves and the whole Kingdome, concerning their Publick Safety, Peace and Freedome, is Express’d; calling thoise their Commissioners in Parliament to an Account, how they (since the beginning of their Session, to this present) have discharged their Duties to the Universallity of the People, their Sovereign Lord, from whom their Power and Strength is derived, and by whom (ad bene placitum) it is continued.
Printed in the Yeer. 1646.

Estimated date of publication

7 July 1646.

Thomason Tracts Catalog information

TT1, p. 450; E. 343. (11.)

Note: This pamphlet has an engraving of John Lilburne behind prison-bars which we have used as the title image of this collection.

The Liberty of the Freeborne Englishman (John Lilburne in Gaol)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

WEE are well assured, yet cannot forget, that the cause of our choosing you to be Parliament-men, was to deliver us from all kind of Bondage, and to preserve the Common-wealth in Peace and Happinesse: For effecting whereof, we possessed you with the same Power that was in our selves, to have done the same; For wee might justly have done it our selves without you, if we had thought it convenient; choosing you [as Persons whom wee thought fitly quallified, and Faithfull, for avoiding some inconveniences.

But ye are to remember, this was only of us but a Power of trust, [which is ever revokable, and cannot be otherwise,] and to be imployed to no other end, then our owne well-being: Nor did wee choose you to continue our Trust’s longer, then the knowne established constitution of this Commonly-wealth will justly permit, and that could be but for one yeere at the most: for by our Law, a Parliament is to be called once every yeere, and oftner (if need be,) as ye well know. Wee are your Principalls, and you our Agents; it is a Truth which you cannot but acknowledge: For if you or any other shall assume, or exercise any Power, that is not derived from our Trust and choice thereunto, that Power is no lesse then usurpation and an Oppression, from which wee expect to be freed, in whomsoever we finde it; it being altogether inconsistent with the nature of just Freedome, which yee also very well understand.

The History of our Fore-fathers since they were Conquered by the Normans, doth manifest that this Nation hath been held in bondage all along ever since by the policies and force of the Officers of Trust in the Common-wealth, amongst whom, wee always esteemed Kings the chiefest: and what (in much of the formertime) was done by warre, and by impoverishing of the People, to make them slaves, and to hold them in bondage, our latter Princes have endeavoured to effect, by giving ease and wealth unto the People, but withall, corrupting their understanding, by infusing false Principles concerning Kings, and Government, and Parliaments, and Freedoms; and also using all meanes to corrupt and vitiate the manners of the youth, and strongest prop and support of the People, the Gentry.

It is wonderfull, that the failings of former Kings, to bring our Fore-fathers into bondage, together with the trouble and danger that some of them drew upon themselves and their Posterity, by those their unjust endevours, had not wrought in our latter Kings a resolution to rely on, and trust only to justice and square dealing with the People, especially considering the unaptnesse of the Nation to beare much, especially from those that pretend to love them, and unto whom they expressed so much hearty affection, (as any People in the world ever did,) as in the quiet admission of King James from Scotland, sufficient, (if any Obligation would worke Kings to Reason,) to have endeared both him and his sonne King Charles, to an inviolable love, and hearty affection to the English Nation; but it would not doe.

They choose rather to trust unto their Policies and Court Arts, to King-waste, and delusion, then to justice and plaine dealing; and did effect many things tending to our enslaving (as in your First Remonstrance; you shew skill enough to manifest the same to all the World:) and this Nation having been by their delusive Arts, and a long continued Peace, much softened and debased in judgement and Spirit, did beare far beyond its usuall temper, or any example of our Fore-Fathers, which (to our shame,) wee acknowledge.

But in conclusion, longer they would not beare, and then yee were chosen to worke our deliverance, and to Estate us in naturall and just libertie agreeable to Reason and common equitie; for whatever our Fore-fathers were; or whatever they did or suffered, or were enforced to yeeld unto; we are the men of the present age, and ought to be absolutely free from all kindes of exorbitancies, molestations or Arbitrary Power, and you wee choose to free us from all without exception or limitation, either in respect of Persons, Officers, Degrees, or things; and we were full of confidence, that ye also would have dealt impartially on our behalf, and made us the most absolute free People in the world.

But how ye have dealt with us; wee shall now let you know, and let the Righteous GOD judge between you and us; the continuall Oppressours of the Nation, have been Kings, which is so evident, that you cannot denie it; and ye yourselves have told the King, (whom yet you owne,) That his whole 16. Yeeres reigne was one continued act of the breach of the Law.

You shewed him, That you understood his under-working with Ireland, his endeavour to enforce the Parliament by the Army raised against Scotland, yee were eye-witnesses of his violent attempt about the Five Members; Yee saw evidently his purpose of raising Warre; yee have seen him engaged, and with obstinate violence, persisting in the most bloody Warre that ever this Nation knew, to the wasting and destruction of multitudes of honest and Religious People.

Yee have experience, that none but a King could doe so great intollerable mischiefes, the very name of King, proving a sufficient charme to delude many of our Brethren in Wales, Ireland, England, and Scotland too, so farre, as to fight against their own Liberties, which you know, no man under heaven could ever have done.

And yet, as if you were of Counsell with him, and were resolved to hold up his reputation, thereby to enable him to goe on in mischief, you maintaine, The King can doe no wrong, and apply all his Oppressions to Evill Counsellors, begging and intreating him in such submissive language, to returne to his Kingly Office and Parliament, as if you were resolved to make us beleeve, hee were a God, without whose presence, all must fall to ruine, or as if it were impossible for any Nation to be happy without a King.

You cannot fight for our Liberties, but it must be in the Name of King and Parliament; he that speakes of his cruelties, must be thrust out of your House and society; your Preachers must pray for him, as if he had not deserved to be excommunicated all Christian Society, or as if yee or they thought God were a respecter of the Persons of Kings in judgement.

By this and other your like dealings, your frequent treating, and tampering to maintaine his honour, Wee that have trusted you to deliver us from his Opressions, and to preserve us from his cruelties, are wasted and consumed (in multitudes) to manifold miseries, whilst you lie ready with open armes to receive him, and to make him a great and glorious King.

Have you shoke this Nation like an Earth-quake, to produce no more than this for us; Is it for this, that ye have made so free use, & been so bold both with our Persons & Estates? And doe you (because of our readings to comply with your desires in all things) conceive us so sottish, as to be contented with such unworthy returnes of our trust and Love? No; it is high time wee be plaine with you; WEE are not, nor SHALL not be so contented; Wee doe expect according to reason, that yee should in the first place, declare and set forth King Charles his wickednesse openly before the world, and withall, to shew the intollerable inconyeniences of having a Kingly Government, from the constant evill practices of those of this Nation; and so to declare King Charles an enemy, and to publish your resolution, never to have any more, but to acquite us of so great a charge and trouble forever, and to convert the great revenue of the Crowne to the publike treasure, to make good the injuries and injustices done heretofore, and of late by those that have possessed the same; and this we expected long since at your hand, and untill this be done, wee shall not thinke our selves well dealt withall in this originall of all Oppressions, to wit Kings.

Yee must also deal better with us concerning the Lords, then you have done? Yee only are chosen by Us the People; and therefore in you onely is the Power of binding the whole Nation, by making, altering, or abolishing of Lawes; Yee have therefore prejudiced Us, in acting so, as if ye could not make a Law without both the Royall assent of the King (so ye are pleased to expresse your selves,) and the assent of the Lords; yet when either King or Lords assent not to what you approve, yee have so much sense of your owne Power, as to assent what yee thinke good by an Order of your owne House.

What is this but to blinde our eyes, that Wee should not know where our Power is lodged, nor to whom to aply our selves for the use thereof; but if We want a Law, Wee must awaite till the King and Lords assent; if an Ordinance, then Wee must waite till the Lords assent; yet ye knowing their assent to be meerly formall, (as having no root in the choice of the People, from whom the Power that is just must be derived,) doe frequently importune their assent, which implies a most grosse absurditie.

For where their assent is necessary and essentiall, they must be as Free as you, to assent, or dissent as their understandings and Consciences should guide them: and might as justly importune you, as yee them. Yee ought in Conscience to reduce this case also to a certaintie, and not to waste time, and open your Counsells, and be lyable to so many Obstructions as yee have been.

But to prevaile with them (enjoying their Honours and Possessions,) to be lyable, and stand to be chosen for Knights and Burgesses by the People, as other the Gentry and Free-men of this Nation doe, which will be an Obligation upon them, as having one and the same interest: then also they would be distinguished by their vertues, and love to the Common-wealth, whereas now they Act and Vote in our affaires but as intruders, or as thrust upon us by Kings, to make good their Interests, which to this day have been to bring us into a slavish subjection to their wills.

Nor is there any reason, that they should in any measure, be lesse lyable to any Law then the Gentry are; Why should any of them assault, strike, or beate any, and not be lyable to the Law, as other men are? Why should not they be as lyable to their debts as other men? there is no reason: yet have yee stood still, and seen many of us, and some of your selves violently abused without repairation.

Wee desire you to free us from these abuses, and their negative Voices, or else tell us, that it is reasonable wee should be slaves, this being a perpetuall prejudice in our Government, neither consulting with Freedome nor Safety: with Freedome it cannot; for in this way of Voting in all Affaires of the Common-wealth, being not Chosen thereunto by the People, they are therein Masters & Lords of the People, which necessarily implyes the People to be their servants and vassalls, and they have used many of us accordingly, by committing divers to Prison upon their owne Authority, namely William Larner, Liev. Col. John Lilburne, and other worthy Sufferers, who upon Appeale unto you, have not beene relieved.

Wee must therefore pray you to make a Law against all kinds of Arbitrary Government, as the highest capitall offence against the Common-wealth, and to reduce all conditions of men to a certainty, that none hence-forward may presume or plead any thing in way of excuse, and that ye will leave no favour or scruple of Tyranicall Power over us in any whatsoever.

Time hath revealed hidden things unto us, things covered over thick and threefold with pretences of the true Reformed Religion, when as wee see apparently, that this Nation, and that of Scotland, are joyned together in a most bloody and consuming Warre, by the waste and policie of a sort of Lords in each Nation, that were male-contents, and vexed that the King had advanced others, and not themselves to the manageing of State-affaires.

Which they suffered till the King increasing his Oppressions in both Nations, gave them opportunity to reveale themselves, and then they resolve to bring the King to their bow and regulation, and to exclude all those from managing State-affaires that hee had advanced thereunto, and who were growne so insolent and presumptuous, as these discontented ones were lyable to continuall molestations from them, either by practices at Counsel-table, High-Commission, or Starre-chamber.

So as their work was to subvert the Monarchiall Lords and Clergy, and therewithall, to abate the Power of the King, and to Order him: but this was a mighty worke, and they were nowise able to effect it of themselves: therefore (say they,) the generallity of the People must be engaged; and how must this be done? Why say they, wee must associate with that part of the Clergy that are now made underlings, and others of them that have been oppressed, and with the most zealous religious Non-conformists, and by the helpe of these, wee will lay before the Generalitie of the People, all the Popish Innovations in Religion, all the Oppressions of the Bishops and High-Commission, all the exorbitances of the Counsell-board, and Star-chamber, all the injustice of the Chancery, and Courts of Justice, all the illegall Taxations, as Ship-mony, Pattents, and Projects, whereby we shall be sure to get into our Party, the generalitie of the Citie of London, and all the considerable substantiall People of both Nations.

By whose cry and importunity we shall have a Parliament, which wee shall by our manifold wayes, alliant, dependant, and relations soone worke to our purposes.

But (say some) this will never be effected without a Warre, for the King will have a strong party, and he will never submit to us; ’tis not expected otherwise (say they) and great and vaste sums of money must be raised, and Souldiers and Ammunition must be had, whereof wee shall not need to feare any want: for what will not an opprest, rich, and Religious People doe, to be delivered from all kinds of Oppression, both Spirituall and Temporall, and to be restored to purity and freedome in Religion, and to the just liberty of their Persons and Estates?

All our care must be to hold all at our Command and disposing; for if this People thus stirred up by us, should make an end too soon with the King and his party, it is much to be doubted, they would place the Supreme Power in their House of Commons, unto whom only of right it belongeth, they only being chosen by the People, which is so presently discerned, that as wee have a care the King and his Lords must not prevaile; so more especially, wee must be carefull the Supreme Power fall not into the Peoples hands, or House of Commons.

Therefore wee must so act, as not to make an end with the King and his Party, till by expence of time and treasure, a long, bloody and consuming War, decay of trade, and multitudes of the highest Impositions, the People by degrees are tyred and wearied, so as they shall not be able to contest or dispute with us, either about Supreame or inferiour Power; but wee will be able, afore they are aware, to give them both Law and Religion.

In Scotland it will be easie to establish the Presbyteriall Government in the Church, and that being once effected, it will not be much difficult in England, upon a pretence of uniformity in both Nations, and the like, unto which there will be found a Clergy as willing as wee, it giving them as absolute a Ministery over the Consciences of the People, over the Persons and Purses, as wee our selves aime at, or desire.

And if any shall presume to oppose either us or them, wee shall be easily able by the helpe of the Clergy, by our Party in the House of Commons, and by their and our influence in all parts of both Nations, easily to crush and suppress them.

Well (saies some) all this may be done, but wee, without abundance of travell to our selves, and wounding our owne Consciences, for wee must grosly dissemble before God, and all the world will see it in time; for wee can never doe all this that yee aime at, but by the very same oppressions as wee practised by the King, the Bishops, and all those his tyranicall Instruments, both in Religion, and Civill Government.

And it will never last or continue long, the People will see it, and hate you for it, more then ever they hated the former Tyrants and Oppressours: were it not better and safer for us to be just, and really to doe that for the People, which wee pretend, and for which wee shall so freely spend their lives and Estates, and so have their Love, and enjoy the Peace of quiet Consciences?

For (say they) are not Wee a LORD, a Peere of the Kingdom? Have you your Lordship or Peerage, or those Honours and Priviledges that belong thereunto from the love and Election of the People? Your interest is as different from theirs, and as inconsistent with their freedoms, as those Lords and Clergy are, whom wee strive to supplant.

And therefore, rather then satisfie the Peoples expectations in what concernes their Freedoms, it were much better to continue as wee are, and never disturbe the King in his Prerogatives, nor his Lords and Prelates in their Priviledges: and therefore let us be as one, and when wee talke of Conscience, let us make conscience, to make good unto our selves and our Posterities those Dignities, Honours and Preheminencies conveyed unto us by our Noble Progenitours, by all the meanes wee can; not making questions for Conscience sake, or any other things; and if wee be united in our endeavours, and worke wisely, observing when to advance, and when to give ground, wee cannot faile of successe, which will be an honour to our Names for ever.

These are the strong delusions that have been amongst us, and the mystery of iniquity hath wrought most vehemently in all our affaires: Hence it was that Strafford was so long in tryall, and that he had no greater heads to beare his company. Hence it was that the King was not called to an account for his oppressive Government, and that the treachery of those that would have enforced you, was not severely punished.

That the King gained time to raise an Army, and the Queene to furnish Ammunition; that our first and second Army was so ill formed, and as ill managed; Sherburn, Brainford, Exeter, the slender use of the Associate Counties, the slight garding of the sea, Oxford, Dermington, the West Defeate, did all proceed from (and upon) the Mystery of Iniquity.

The King and his Party had been nothing in your hands, had not some of you been engaged, and some of you ensnared, and the rest of you over-borne with this Mystery, which you may now easily perceive, if you have a minde thereunto, that yee were put upon the continuation of this Parliament, during the pleasure of both Houses, was from this Mystery, because in time these Politicians had hopes to worke, and pervert you to forsake the common Interest of those that choose and trusted you to promote their unjust Designe to enslave us; wherein they have prevailed too too much.

For Wee must deale plainly with you, yee have long time acted more like the House of Peers then the House of Commons: Wee can scarcely approach your Door with a Request or motion, though by way of Petition, but yee hold long debates, whether Wee break not your Priviledges; the Kings, or the Lords pretended Prerogatives never made a greater noise, nor was made more dreadfull then the Name of Priviledge of the House of Commons.

Your Members in all Impositions must not be taxed in the places where they live, like other men: Your servants have their Priviledges too. To accuse or prosecute any of you, is become dangerous to the Prosecutors. Yee have imprisonments as frequent for either Witnesses or Prosecutors, as ever the Star-chamber had, and yee are furnished with new devised Arguments, to prove, that yee onely may justly doe these grosse injustices, which the Starre-Chamber, High-Commission, and Counsell-board might not doe.

And for doing whereof (whil’st yee were untainted,) yee abolished them, for yee now frequently commit mens Persons to Prison without shewing Cause; Yee examine men upon Interogatories and Questions against themselves, and Imprison them for refusing to answere: And ye have Officious servile men, that write and publish Sophisticall Arguments to justifie your so doing, for which they are rewarded and countenanced, as the Starre-Chamber and High-Commission-beagles lately were.

Whilst those that ventured their lives for your establishment, are many of them vexed and molested, and impoverished by them; Yee have entertained to be your Committees servants, those very prowling Varlets that were imployed by those unjust Courts, who took pleasure to torment honest conscionable People; yet vex and molest honest men for matters of Religion, and difference with you and your Synod in judgement, and take upon you to determine of Doctrine and Discipline, approving this, and reproaching that, just like unto former ignorant pollitick. and superstitious Parliaments and Convocations: And thereby have divided honest People amongst themselves, by countenancing only those of the Presbitry, and discountenancing all the Separation, Anabaptists and Independents.

And though it resteth in you to acquiet all differences in affection, though not in judgement, by permitting every one to be fully perswaded in their owne mindes, commanding all Reproach to cease; yet as yee also had admitted Machiavells Maxime, Divide & impera, divide and prevaile; yee countenance onely one, open the Printing-presse onely unto one, and that to the Presbytry, and suffer them to raile and abuse, and domineere over all the rest, as if also ye had discovered and digested, That without a powerfull compulsive Presbytry in the Church, a compulsive mastership, or Arristocraticall Government over the People in the State, could never long be maintained.

Whereas truely wee are well assured, neither you, nor none else, can have any into Power at all to conclude the People in matters that concerne the Worship of God, for therein every one of us ought to be fully assured in our owne mindes, and to be sure to Worship him according to our Consciences.

Yee may propose what Forme yee conceive best, and most available for Information and well-being of the Nation, and may perswade and invite thereunto, but compell, yee cannot justly; for ye have no Power from Us so to doe, nor could you have; for we could not conferre a Power that was not in our selves, there being none of us, that can without wilfull sinne binde our selves to worship God after any other way, then what (to a tittle,) in our owne particular understandings, wee approve to be just.

And therefore We could not referre our selves to you in things of this Nature; and surely, if We could not conferre this Power upon you, yee cannot have it, and so not exercise it justly; Nay, as we ought not to revile or reproach any man for his differing with us in judgement, more then wee would be reviled or reproached for ours; even so yee ought not to countenance any Reproachers or revilers, or molesters for matters of Conscience.

But to protect and defend all that live peaceably in the Commonwealth, of what judgement or way of Worship whatsoever; and if ye would bend your mindes thereunto, and leave your selves open to give care, and to consider such things as would be presented unto you, a just way would be discovered for the Peace & quiet of the land in generall, and of every well-minded Person in particular.

But if you lock up your selves from hearing all voices; how is it possible you should try all things. It is not for you to assume a Power to controule and force Religion, or a way of Church Government, upon the People, because former Parliaments have so done; yee are first to prove that yee could have such a Power justly entrusted unto you by the People that trusted you, (which you see you have not,) we may happily be answered, that the Kings Writt that summons a Parliament, and directs the People to choose Knights and Burgesses, implyes the Establishment of Religion.

To which wee answere, that if Kings would prove themselves Lawfull Magistrates, they must prove themselves to be so, by a lawfull derivation of their Authority, which must be from the voluntary trust of the People, and then the case is the same with them, as between the People & you, they as you, being possessed of no more Power then what is in the People justly to intrust, and then all implications in the Writts, of the Establishment of Religion, sheweth that in that particular, as many other, we remain under the Norman yoke of an unlawfull Power, from which wee ought to free our selves; and which yee ought not to maintaine upon us, but to abrogate.

But ye have listned to any Counsells, rather then to the voice of us that trusted you: Why is it that you have stopt the Presse; but that you would have nothing but pleasing flattering Discourses, and go on to make your selves partakers of the Lordship over us, without hearing any thing to the contrary: yea, your Lords and Clergy long to have us in the same condition with our deluded brethren, the Commons of Scotland, where their understandings are so captivated with a Reverend opinion of their Presbytry, that they really beleeve them to be by Divine Authority, and are as zealous therein, as ever the poore deceived Papists were.

As much they live in feare of their thunder-bolts of Excommunication, and good cause they have, poor soules, for those Excommunications are so followed with the civill Sanction, or secular Power, that they are able to crush any opposer or dissenter to dust, to undoe or ruine any man: so absolute a Power hath their new Clergy already gained over the Poore People there, and earnestly labour to bring us into the same condition, because if wee should live in greater Freedome in this Nation, it would (they know,) in time be observed by their People, whose understandings would be thereby informed, and then they would grow impatient of their thraldome, and shake off their yoake.

They are also in no lesse bondage in things Civill, the Lords and great Men over-rule all, as they please; the People are scarce free in any thing.

Friends, these are known Truths.

And hence it is, that in their Counsells here, they adhere to those that maintaine their owne greatnesse, and usurped rule over us, lest if wee should here possesse greater liberty, then their vassalls the People in Scotland, they might in short time observe the same, and discharge themselves of their Oppressions.

It is from the mystery of iniquity, that yee have never made that use of the People of this Nation, in your warre, as you might have done, but have chosen rather to hazard their coming in, then to Arme your owne native undoubted friends; by which meanes they are possessed of too many considerable strengths of this Nation and speak such language in their late published papers, as if they were not payed for their slow assistance.

Whereas yee might have ended the Warre long ere this, if by Sea or Land you had shewed your selves resolved to make us a Free-People; but it is evident, a change of our bondage is the uttermost is intended us, and that too for a worse, and longer; if wee shall be so contended, but it is strange you should imagine.

But the truth is, wee finde none are so much hated by you, as those you thinke doe discerne those your purposes, or that apply themselves unto you, with motions tending to divert you from proceeding therein: for some yeers now, no condition of men can prevaile with you, to ammend any thing that is amisse in the Common-wealth.

The exorbitances in the Cities Government, and the strivings about Prerogatives in the Major and Aldermen, against the Freedoms of the Commons, (and to their extreme prejudice,) are returned to the same point they were at in Garrawayes time, which you observe, and move not, nor assist the Commons; Nay, worse then in his time, they are justified by the Major, in a book published, and sent by him to every Common-Counsell-man.

The oppression of the Turky Company, and the Adventerers Company, and all other infringements of our Native Liberties of the same nature, and which in the beginnings of the Parliament, yee seemed to abhominate, are now by you complyed withall, and licensed to goe on in their Oppressions.

Yee know, the Lawes of this Nation are unworthy a Free People, and deserve from first to last, to be considered, and seriously debated, and reduced to an agreement with common equity, and right reason, which ought to be the Forme and Life of every Government. Magna Charta it self being but a beggerly thing, containing many markes of intollerable bondage, & the Lawes that have been made since by Parliaments, have in very many particulars made our Government much more oppressive and intollerable.

The Norman way for ending of Controversies, was much more abusive then the English way, yet the Conquerour, contrary to his Oath introduced the Norman Lawes, and his litigious and vexatious way amongst us; the like he did also for punishment of malefactours, Controversies of all natures, having before a quick and finall dispatch in every hundred.

He erected a trade of judges and Lawyers, to sell justice and injustice at his owne unconscionable rate, and in what time bee pleased; the corruption whereof is yet remaining upon us, to our continuall impoverishing and molestation; from which we thought you should have delivered us.

Yee know also, Imprisonment for Debt, is not from the beginning; Yet ye thinke not of these many Thousand Persons and Families that are destroyed thereby, yee are Rich, and abound in goods, and have need of nothing; but the afflictions of the poore; your hunger-starved brethren, ye have no compassion of; Your zeal makes a noise as farre as Argiere, to deliver those captived Christians at the charge of others, but those whom your owne unjust Lawes hold captive in your owne Prisons; these are too neere you to thinke of; Nay, yee suffer poor Christians, for whom Christ died to kneel before you in the streets, aged, sick and cripled, begging your halfe-penny Charities, and yee rustle by them in your Coaches and silkes daily, without regard, or taking any course for their constant reliefe, their sight would melt the heart of any Christian, and yet it moves not you nor your Clergy.

Wee intreat you to consider what difference there is, between binding a man to an Oare, as a Gally-slave in Turkie or Argiere, and Pressing of men to serve in your Warre; to surprize a man on the sudden, force him from his Calling, where he lived comfortably, from a good trade; from his dear Parents, Wife or Children, against inclination, disposition to fight for a Cause hee understands not, and in Company of such, as he hath no comfort to be withall; for Pay, that will scarce give him sustenance; and if he live, to returne to a lost trade, or beggery, or not much better: If any Tyranny or cruelty exceed this; it must be worse then that of a Turkish Gally-slave.

But yee are apt to say, What remedy, men wee must have? To which we answer, in behalfe of ourselves, and our too much injured Brethren, that are Pressed; That the Hollanders our provident Neighbours have no such cruelties, esteeming nothing more unjust, or unreasonable, yet they want no men; and if ye would take care, that all sorts of men might find comfort and contentment in your Government, yee would not need to enforce men to serve your Warres.

And if yee would in many things follow their good example, and make this Nation a State, free from the Oppression of Kings, and the corruptions of the Court, and shew love to the People in the Constitutions of your Government, the affection of the People, would satisfie all common and publike Occasions: and in many particulars wee can shew you a remedy for this and all other inconveniences, if wee could find you inclinable to heare us.

Yee are extreamely altered in demeanour towards us, in the beginning yee seemed to know what Freedome was; made a distinction of honest men, whether rich or poor, all were welcome to you, and yee would mix your selves with us in a loving familiar way, void of Courtly observance or behaviour.

Yee kept your Committee doores open, all might heare & judge of your dealings, hardly ye would permit men to stand bareheaded before you, some of you telling them, ye more regarded their health, and that they should not deem of you, as of other domineering Courts, yee and they were one, all Commons of England; and the like ingenious carriage, by which ye wanne our affections to that height, that ye no sooner demanded any thing but it was effected; yee did well then, who did hinder you? the mystery of iniquity, that was it that perverted your course.

What a multitude of precious lives have been lost? What a masse of moneys have been raised? What one way was proposed to advance moneys, that was refused by you, though never so prejudiciall to the People, allowing your Committees to force men to pay or lend, or else to sweare that they were not worth so or so: the most destructive course to tradesmen, that could be devised, fifty intire subsidies, to be lent throughout London, if not procured, yet authorized by you; never the like heard of, and the Excise that being once setled, all other assessments should cease.

Notwithstanding in few moneths comes forth Ordinance upon Ordinance for more moneys, and for the Customes, they were thought an oppression in the beginning, and being (so high,) an hinderance to Trade, and extreamly prejudiciall to the Nation, neverthelesse is now confirmed, with many augmentations, in so much as men of inferiour trading finde great trouble to provide moneys for Customes, and have so many Officers to please, that it is a very slavery to have any thing to doe with them, and no remedy; the first Commissioners being more harsh and ingenious, then the late Farmers, and the last worse then the former.

Truly it is a sad thing, but too true, a plaine quiet-minded man in any place in England, is just like a harmelesse sheep in a Thicket, can hardly move or stirre, but hee shall be strech’d, and loose his wooll: such Committees have ye made in all Cities and Counties, and none are so ill used as honest Godly men.

Ye have now sate full five yeeres, which is foure yeeres longer then wee intended, for wee could choose you but for (at most) one yeere; and now we wish ye would publish to all the world, the good that you have done for us, the liberty ye have brought us unto: if yee could excuse your selves, as ye use to doe; by saying it hath been a time of warre; that will not doe: for when the warre might in the beginning have been prevented, if yee had drawn a little more blood from the right veine, and might often (ere this) have been ended.

Occasion hath been given away, and Treated away, and now, when through the faithfulnesse of the New Modell, yee have almost forc’d an end, and have no great part to effect: now againe, at the instigation of those that love their Kings more then all this Nation, and their owne, his Sacred or holy Majestie, must againe be treated with, their Nationall and Solemne League and Covenant with their God, binding them to be respecters of Persons in judgement: and to preserve His Person in the defence of the true Protestant Religion, and Libertie of the People; that hath constantly against all perswasion and Obligation, done what ever he could to subvert both: if this be not the height of the mystery of iniquitie, what is higher.

But let not these be deceived, nor thus under zealous expressions deceive you; wee wish your soules may no further enter into their secret: For God will not be mocked, nor suffer such grosse Hypocrisie to passe without exemplary punishment: And if yee beleeve there is a God; yee must beleeve it; and if yee doe beleeve it, and consider the wayes yee have troad, and truely repent, shew it by walking contrary to what yee have done, or purposed to doe, and let us quickly and speedily partake thereof: For God is a God that taketh vengeance, and will not suffer you to goe on to our ruine.

Wee have some hopes ye will; for amongst you, there have been alwayes faithfull and Worthy men, whose aboundant grief it hath been to observe the strange progresse of the Chosen men of the Common-wealth, and have strove exceedingly on all occasions to produce better effects, and some Christians of late produced to their praise.

Others there are, that have been onely misled by the policies, and stratagems of politick men, and these, after this our serious advice, will make you more seriously studdie the common Interrest of this Nation: others there are, and those a great number, that are newly chosen into your house, and wee trust are such as will exceedingly strengthen the good part, that hitherto hath been too weake to steere an even course amidst so many oppositions and crosse waves.

But henceforth joyn’d all in one will be able to doe and carry on whatsoever is just and good for the Common-wealth, the more just and good, the more easily effected, for such things are easily to be made evident to all men, and can never faile of the uttermost assistance of all well-minded People.

And therefore wee would not have you to be discouraged in attempting whatsoever is evidently just, for Wee will therein assist you to the last drop of our bloods: Feare neither the Anakims, nor the sonnes of the Gyants, For the LORD our God, hee will stand by you in all things that are just, and will blesse and prosper you therein.

Forsake, and utterly renounce all craftie and subtill intentions; hide not your thoughts from Us, and give us encouragement to be open-breasted unto you: Proclaime afore-hand, what yee determine to doe, in establishing any thing for continuance; and heare all things that can be spoken with or against the same, and to that intent, let the imprisoned Presses at liberty, that all mens understandings may be more conveniently informed, and convinced, as faire as is possible by the equity of your Proceedings.

Wee cannot but expect to be delivered from the Norman bondage, whereof wee now as well as our Predecessours, have felt the smart by these bloody warres; and from all unreasonable lawes made ever since that unhappy conquest; as wee have encouragement, wee shall informe you further, and guide you, as we observe your doings.

The Worke yee must note is ours, and not your owne, though ye are to be partakers with us in the well or ill doing thereof: and therefore ye must expect to heare more frequently from us then yee have done, nor will it be your wisedome to take these Admonitions and Cautions in evill part.

If yee consider well, yee may wonder Wee are no tarter: Ye may perceive, wee have not yet left our true English confidence, but are willing that both you, and all our Neighbour Nations should know, that wee both see and know all stratagems and Policies that are laid in waite to entrap, and so to enslave us, and that wee bid defyance to their worst our enemies can doe; we know wee have stoore of friends in our Neighbour Countries.

Our head is not yet so intoxicated with this New mystery of Iniquity, but that a reasonable Cordiall Administered by your hand, will set us fast in our seat.

Yee are not to reckon that yee have any longer time to effect the Great Worke wee have entrusted unto you: for wee must not loose our free choice of a Parliament once every yeer, fresh and fresh for a continuall Parliament.

For so, if a present Parliament be mistaken in their understandings, and doe things prejudiciall, We may so long remain under these prejudices, that the Common-wealth. may be endangered thereby, nor doe wee value a Trieniall Parliament: before three yeeres come to an end, Grievances and Mischiefes may be past remedy.

And therefore our advice is, that yee Order a meeting of the chosen of Parliament-men, to be expresly upon one certaine day in November yeerly throughout the Land in the Places accustomed, and to be by you expressed, there to make choice of whom they think good, according to Law, and all men that have a Right to be there, not to faile upon a great penaltie but no summons to be expected.

And if any Person without exception, shall write Letters, or use any endeavours to incline the choosers to choose any man, or use any meanes to disturbe or pervert them from a free Choice, then that all such sinister dealing be made punishable, or a most haynous crime.

And that a Parliament so chosen in November, succeeding yeere by yeere, may come instead of the preceeding Parliament, and proceed with the Affaires of the Common-Wealth; nor would wee have it in the Power of our Parliament, to receive any Member from his Place or service of the House, without the consent had of those Counties, Cities and Burroughs respectively that choose him; great inconveniences depending thereon, whereof wee have scene and felt too much.

Now, if yee shall conscionably performe your Trust the yeer ensuing, and order the Parliaments to succeed as aforesaid, then Wee shall not doubt to be made absolute Free-men in time, and become a just, plenteous and Powerfull Nation; All that is past will be forgotten, and Wee shall yet have cause to rejoyce in your Wisedome and Fidelity.

POSTSCRIPT.

Moreover, as for me, God forbid that I should sinne against the Lord in ceasing to pray for you: but I will teach you the good and right way. Onely feare the LORD, and serve him in Truth with all your heart: For considder how great things He hath done for you. But if yee still doe wickedly, yee shall be consumed, both yee and your King. 1 Sam. 22, 23, 24, 25.

FINIS.

T.71 (3.12) [Richard Overton], An Alarum to the House of Lords (31 July 1646).

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ID Number

T.71 [1646.08.01] (3.12 [Richard Overton], An Alarum to the House of Lords: Against their insolent Usurpation of the Common Liberties, and Rights of this Nation (1 August 1646).

Full title

[Richard Overton], An Alarum to the House of Lords: Against their insolent Usurpation of the Common Liberties, and Rights of this Nation. Manifested by them, in their present Tyrannicall Attempts against that Worthy Commoner, Lieutenant Col. John Lilburne, Defendour of the Faith, And of his Countries Freedoms, both by his Words, Deeds and Sufferings, against all Tyrants in the Kingdome; Whether Black-coats, Papists, Kings, Lords, etc. Printed in the Yeer. 1646.

The pamphlet contains the following parts:

  1. An Alarum
  2. Postscript
Estimated date of publication

31 July 1646.

Thomason Tracts Catalog information

TT1, p. 454; Thomason E. 346. (8.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

IN the first place Wee demand a Reason of you, to know; Why you (which are such arrogaters of Titles of Honour, should of all others,) slight Him so farre, as to style him onely John Lilburne, and neither Mr. John Lilburne, though you know him to be a true borne Gentleman, Nor Lieutenant Collonell, though you know him to be a Valiant and Faithfull Souldier for his Countreys Liberties.

Wee cannot suppose you doe it because you know him to be a true and Reall Christian: with whom the vanity of Titles and Honours, are not regarded: No certainly, Wee have no such Pious thoughts of you, Wee suppose you esteeme those markes of the Gentiles too much, to do it out of that true respect; We may be bold to stile them Markes of Gentiles, Wee have our Saviours own Warrant for it, who saith, The Kings of the Gentiles exercise Lordship over them, &c. But it shall not be so among you: Whosoever will be chief among you, (Christians,) let him be your servant: Gracious LORDS, or Favourable LORDS, titles that could not be propper amongst Christians; with whom there was no Ruler, nor Government, but by common Election and consent, agreeable to Our House of Commons; every Ruler had his Rule; Which he was to observe out of duty: and could not be gracious or favourable, which necessarily implyes a Power assumed above the Rule, and denominates those that exercise such a Power, to be Lords in an overruling sense, a thing which stands neither with Justice nor Christianity.

But if Titles were of any value, or Honour of any esteeme, hee deserveth the Title of Lieutenant Collonell, and the honor he hath gotten in the field in defence of his Countreys Liberties, as well as any of you, your Titles or Honours, if not better and more Worthily; for by what meanes some of you came by yours, is very uncertaine, but, this is certaine, that most of you gained no part of it your selves: and the common wayes your Auncesters gained it for you, was generally by adhering to Kings, in subduing and oppressing the Commons, or by pleasing their Lusts, Mallice, Revenge, or Covetousnesse; for so Histories manifest, and those that have been made Lords in our times, have been advanced by the same occasions;

As for Example, What was Sir Lionell Cranfield advanced for, but for betraying the secrets of the City, and devising wayes to shackle the People; being now Earle of Middlesex? What was Coventry advanced for, but for his great abillities in deceivings, and various wayes to oppresse the People, heaping Masses of wealth by extremity of Bribery, Extortion, (and Cruelty, which Mr. Norton and Wiseman full dearly felt:) for which Vertues, his sonne, and sonnes sonne forsooth, must be Lords for ever? How came Mountague to be Lord Privie-Seale and Earle of Manchester, but by the most palpable corruption that ever wast and his Sonne must now remaine an Earle, and Speaker in the House of Peeres; Wee need not enlarge; for your selves know very well how, and by what meanes you came to be Lords; and for what ends; and cannot denie, if honour were the Reward of true vertue: but that Lilburne deserveth more, then what you would, or can take from him.

And therefore, in the Charge you bring against him, (if yet you will persist,) afford him his Title, or lay downe your owne Tytles; use him not alltogether like a slave, though you have made Newgate his habitation, and from thence have removed him to the Tower of London; Whether to murder him privately from the Peoples Knowledge, We cannot tell; but We judge little lesse.

Times may alter, and when you have done your uttermost, hee will be proved, both by his Life and Death, an honest and faithfull man to his long enslaved Country; for freeing whereof, hee hath suffered and done more then all your Lordships.

You have but ill Counsell, and abuse your selves grosly, in using him in this Tyrannous manner; What gaine you by sending him from one prison to another, but a worse Name and Repute then the Star-chamber, that sent him but to the Fleet; you plainly shew, you intend to take away his Life, which that Tyrannous Court never pretended; and for his Close Imprisonment, and to keep him from pen Inke and Paper; from the comfort of his Friends; yea from the very sight of him at his Prison-window, or of their administring any refreshment of food or the like unto him, though earnestly desired, and endeavoured by divers of his and the Kingdomes friends, even since his comming into the Tower; and now forsooth his friends may speak with him, but it must be in the presence of his Keeper, but not with any sense of his, and our Nationall Rights and Freedoms, but rather at a Gin or a Trap to catch some of his, and the Nations best friends into your Prerogative Clutches; for none must be permitted to see him, but must first give in his Name, and the place of his habitation; a pretty devise, could your Lordships but catch old Birds with chaffe!

But by this We may discerne your most insufferable encroachmente upon our Common Rights, daily increasing upon us; which in time, if not prevented, will wholly enslave and Vassallage us all; for it is come to this already;

That the FREEEMEN of ENGLAND cannot goe to see their fellow COMMONER, without hazzard of their Freedoms.

An act so unreasonable, and destructive to us, that Wee cannot but take notice of it; and let you know, That Wee cannot, neither will WEE suffer such intollerable Affronts at your hands.

If timely Cautions will not availe with you, you must expect to be bridled, for Wee are resolv’d upon our Naturall Rights and Freedoms, and to be enslaved to none, how Magnificent soever, with Rotten Titles of Honour. For doe you imagine there is none abroad of his minde, who though hee were dead and destroyed by you, would prosecute those Workes and Discoveries of the Peoples Rights, which he hath begun; Yes, more then you are aware of, that can, nay, & are resolv’d to paint forth your Interest to the Life, if you will not content you selves the sooner with whats your own; and leave the Commonners to the Commons.

But let Us see, what you have against this Worthy Christian.

1. For his high contempt against your House: In Protesting, that (hee being a Commoner,) you had no jurisdiction over him: and this is so evidently just, and agreeable to Magna Charta, (that little Reminder of Light,) that all sorts of judicious men agree with him herein: and the Opinion of all the Judges will be as soone credited for the legality of Ship-money, as for The Lords jurisdiction over the Commons.

And for refusing to kneel at your Barre, as his Reason would not permit him in so submisse a way to own the Authority he had disclaimed, so his Conference ought to be satisfyed out of Scripture of the Lawfulnesse of such Ceremonies.

2. For two scandalous, seditious, and most dangerous Pamphlets, sending to raise Sedition in the Realme; and to subvert the fundamentall Lawes and Government of this Kingdome.

A most high Charge, and pretended to be proved out of two Pamphlets, one whereof is intituled, The Just mans Justification: and this Treatise affords, (for a great part of it,) onely a Relation of Colonell King abuse of his trait, and that a Charge depended against him for the same, unto which Mr. Lilburne was a materiall Witnesse: by Occasion whereof King Arrests, and sues him upon pretence of being called Traytor by him this first occasions Mr. Lilburne, to looke into the Proceedings of the Law: findes it full of tricks and quillets, snares, formes and puntillians, Irrationall, and tending to his Ruine, and the perpetuall vexation of the People: and for safeguard of himself, Petitions the Honourable House of Commons: that the Charge, and Articles against King, might be tryed by a Counsell of Warre, before King should be permitted to proceed against him, as being confident, King would be proved a Traytor thereby: This Petition hee could never get delivered, or read in the House: then, to save himself, hee writes this discourse to Judge Reeves; and therein laies open the unreasonablenesse of the Lawes, and Proceedings in Law, now in force in this Nation: And in true Love and Zeal to his abused Country; falls afterwards upon the extreame want of publick Justice, complaines of partiallity, and respect of Persons, shewes it to be against the minde and will of God, in whose sight there is no difference at all; but hee that sheddeth, (or causeth to be shed,) mans blood, by man shall his blood be shed, wherein hee useth a comparison, which to squeamish stomacks is somewhat offensive, but true enough; for God judgeth not as man judgeth: the poor Tradesman, and the Rich; the Noble and Ignoble, are all one in his sight: that soule that sinneth, it shall die.

But such Comparrisons (it is to be feared,) are more odious to you, then Injustice, Treachery, Cruelty, or Tyranny: else you would have been as forward to have called Persons of all quallities to justice, (without sparing the highest) as you have been to send him to Newgate: But this your corrupt dealing makes most men beleeve, That your safety and Interest is in preserving the guilty, and in condemning the just and innocent:

Is it scandalous to set forth the Justice of the Lord of heaven? by making true Comparisons with Lords on earth; certainly, true Christian Doctrine is not for these Lordly times.

Is it seditious, for a Free-man unjustly imprisoned, to publish the same to all the World? It was not so judged in the beginning of this Parliament; but then was the beginning of Freedome, and it seemes, Wee are at the end thereof: and at the beginning of a new bondage: otherwise neither his first, nor his second discourse, entittled, The free-mans freedom Vindicated: could possibly be interpreted either scandalous, seditious or dangerous.

Indeed all his Writings have been dangerous to all corrupt Interests of the Common-wealth; as First, to all Arbitrary Power, in King, or Lords, or any other:

Secondly, To the Power and delusion of the Clergy; and their oppression of Conscionable Religious People.

Thirdly, to the most prejudiciall wayes of Our Legall Trialls in all Courts, and to the burdensome Society of Lawyers: that live upon the impoverishing of the industrious and laborious People; things which he proveth to have been forced upon this nation by Conquest, and continued against Reason, and the weale of the People.

Fourthly, to all Monopolists, and engrossers of trade: as the Mendiant Adventurers, and the like: all which he hath (as, on theirs,) proved to the Ruine of the People: and because of this his love to Truth, Justice, and his Countrey; and his opening of these things, and his opposition thereof to the uttermost of his Power: all these mighty Parties, put all their pollicy and strength in one, utterly to destroy him.

But he hath got a good Cause; and all good People, (that desire not to live by the Oppression of others,) on his side; and that your Lordships will finde; for all these things will be laid open as the Sunne, and every man will see wherefore it is you call his Bookes scandalous, seditious, dangerous Pamphlets, and why the Clergy, the Judges, Lawyers, and Monopolists, are his deadly adversaries, even because he deales plainly betwixt you all; and the people, whom you labour by all means joyntly to keep in bondage; and Vassallage to your wills.

This is the Reason, why you say his Bookes tend to Rayse sedition in this Realme, this being Coventries and Canterburies old language, to any that discovered their oppressions and corruptions: it tended to meere Anarchy, and (as you now say,) to subvert the fundamentall Lawes of this Kingdome.

Doth not every one see the unreasonablenesse of our Laws and Government? and doth the Parliament sit for Remedy of the Grievances of the People, and for their safety and weale in all things? and is it now seditious and dangerous for any man to publish his minde concerning the same? rends it to the subverting of the Fundamentall Lawes and Government, for any to appeale to the House of Commons for altering of Lawes or Government evidently appearing prejudiciall to the safety and weale of the People, the end of all Lawes and Government? certainly they sit not to confirm this Kingdomes long contracted bondage; and that wee trust your Lordships and all the rest will finde.

Doth Mr. Lilburne endeavour to bring in any Arbitrary or Tyrannical Power? Doth hee allow, or argue it to be lawfull for men to be put to Oathes Ex Officio, or to be examined upon Interrogatories against themselves or others, against their wills, in Criminall Causes? Doth hee justifie Imprisonment for refusall to Answer? Doth hee acknowledge your Lordships Authority over the Commons? If he doth any of these or the like things, then indeed hee is guilty of the Charge you lay against him: for this were indeed to subvert the very Fundamentall Governments, which is Right Reason; and to destroy the end of Government; the safety and weale of the People; and therefore it will be good for your Lordships in this Charge to reflect upon your selves; the People are now quick-sighted, and not easily deluded: If it were not so, Mr. Lilburne were in a sad Case, for here is no lesse then the whole House of Peers his Accusers, provoked and set against him by all the Judges, Lawyers, Clergy, and great men of the City, and the Case standing thus on his day of Tryall; What hope can hee have when these, besides all those of the Presbyterian judgement are his resolved Adversaries, who in their Common Discourses openly condemne him, and wish him worse then hanged, and so do all Royalists: and doubtlesse those that shall be trusted with manageing the businesse, and such as know well how to forme a Jury for the purpose: Where then is hope? In God, in the Parliament in the People? God will provide, above hope: out of the thicket shall come a Ransome for this his beloved Isaac: The House of Commons have not their Trust and Power in vaine, but will use it in so urgent a necessity; If they now deferre, their Account with God will be heavy; and deliverance will yet come; for God cannot suffer so abominable wickednesse: He can turne the hearts of a whole Presbyterian Jury, (if it should come to that,) in an Instant, and make them to see their owne Liberties burning at the stake in him; That his Sufferings are but a Preface to their Tragedy, when your Lordships please, if they in any thing oppose your Wills: but the House of Commons is wise, and God is just; and wee cannot feare the safety of this our Brother.

You will finde you are not yet LORDS over the Parliament, you have not the least Power to dispose of the Money as of the Common-wealth, much lesse to imprison these Persons at your pleasure, every man sees with what prejudice to the Publike Affaires, the House of Commons have observed you? How often they have been enforced to tell you, That they must defend and preserve the People without your concurrence. every man sees how you daily obstruct and delay Proceedings, and by devises pervert the end of good Motions; how you adhere to any that would hold the People in bondage; How you abhorre all men that Understand their Liberties, and that you hate this good man Mr. Lilburne, for nothing but his great judgement and affection to the Common-Wealth.

Therefore whilst you may possesse your Honours, and great Estates quietly, without placeing your felicity in vexing meaner men, (all covet, all loose,) for the People cannot beare it; and you will doe yourselves and Posterities great injury, if you beleeve they will; their divisions, in which you trust, will deceive you; they will unite, though not totally; yet sufficiently for prevention of so eminent bondage; be not transported with seeming affronts; hee truely honoureth you for your faire demeaneur towards him in his Reparations; hee intended you no affront at all, you have been mitigated too much by the Judges and Lawyers against him; your Honours nor Greatnesse need not be twisted with thefts; Further you the good and quiet of the People, and abandon but that kinde of Power which hath ruined the Bishops, and as many as ever have used it,) and you will be beleeved and honoured of all good men; for it is reall Goodnesse that is the best support of Greatnesse.

POSTSCRIPT.

IF thou that readest, be impartiall and judicious, that pray safely perceive by the scope of this little Treatise, but more especially by the late great Remonstrance, (not the Citie Remonstrances) be Pearle in a Dunghill; and be Just man in bonds, since Lieutenant Collonell Lilburne was last committed; as well as his Justification and Vindication of Free-mens Liberties, immediately before; or Englands Birth-right; Mulgrave and Larners Bookes, in what a pitifull, lamentable and tortering condition this distressed and perplexed nation is,

And thereby be occasioned to set thy thoughts, meditations and affections at work, chiefly by earnest Prayers to God, that hee would be pleased to open a doore of Mercy unto us, whereby wee may escape these deceivable feares, leading to worse then Egyptian slavery; wherein we, our poore Infants on their Mothers breasts, and others, who know not the right hand from the left; yea, and our whole Posterity, are most pitifully catched and involved, even as Gods owne particular People the Jewes were in the dayes of Haman, except there come such a a hasty and speedy Remedy, as is pleased him in mercy then to send, beyond the expectation of man.

Our present Condition is so much the more lamentable uncomfortable and unsupportable, that Our own voluntary Contributions, both of our Lives and Estates, to free us from cruell Persecutions, Oppressions and Taxations, have made most of us so poore, that wee are not able to helpe or relieve one another; so that Our present misery, and the hardnesse of rich mens hearts for any common good Workes, so long as they themselves are spared, as an Ox, yet ordained for slaughter, are a most speciall meanes to make both them and us capable of slavery.

Which in our [Editor: illegible word], what Wee [Editor: illegible word] to the Queen of Heaven, Wee altogether mocked and scorned you, and still did pass the evill day farre off; but as the wilde Asse, abirst free is light and speedy to run, masketh it all the assaults of the hunters, who pursue for her life, yet when shee is heavy with young, and not so able to flee, shee is easily catched; so is this sinfull and idolatrous Nation, now in the midst of her sinnes and abominations, who because shee would not, nor will not heare the cryes of the Poore, the Widow, the Fatherlesse, the Prisoners, shee shall cry, and not be heard.

Though formerly, when shee abounded as much in her Idolatrous and illegall feasts, as now shee doth in her hypocritticall and unlawfull Falls, even in her pride, vain-glory, abused Peace, and fulness of bread, shee wan’d so wanton, and grew so secure, and frozen in her dregges of Popery, that shee sate downe to eate and drinke, and rose up to play, even untill the LORD sent his Servant Nebuchadnezar, in her ripenesse, when all her regions were white unto the harvest, and thrust in the sickle of these his fearfull Judgements, to reape her, which yet are but begun, except shee repents Only shee still reserveth a remnant, who mourne in secret, in all his Visitations; whom hee preserveth to serve both in and after his most fearfull judgements, which hee powereth forth upon others. Farewell.


T.72 (3.13) S. Shepheard, The Famers Fam’d (4 August 1646).

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Bibliographical Information

ID Number

T.72 [1646.08.04] (3.13) S. Shepheard, The Famers Fam’d or an Answer, To two Seditious Pamphlets (4 August 1646).

Full title

S. Shepheard, The Famers Fam’d or an Answer, To two Seditious Pamphlets, the one Intituled The Just Man in Bonds, the other A Pearle in a Dunghill, written in behalfe of that notorious Lyar, and Libeller John Lilburne. Also a full reply, with a confutation of a certaine objections devised by the Trayterous Author of a Seditious and unparraled libel, Intituled A Remonstrance of many Thousand Citizens, and other free borne People of England, to their own House of Commons, etc. Wherein the wickednesse of the Authors, and their Abettors, the destructive course of their Sectaries, and their Adherors is amply discovered. So that all (not wilfully blind) may cleerely see, that they are men stirred up by mass Enemie, the Devill, as to ruine themselves, so this poor Nation, that yet lies Bedrid of her wounds lately received. And ought to be avoided as Serpents, to be contemned as Abjects, and to be delivered over to Satan, as Blasphemers and reprobates.

Likewise also these filthy Dreamers defile the flesh, despise Dominion and speake evill of Dignities, Jude. ver. 8.
But these speake evill of these things which they know not, but what they know naturally, as bruit beasts, in those things they corrupt themselves. ver. 10
Omnium malorum Stultitia est Mater, Cicero.
Quid tam impium est quod mortaliunt Vulgus non admittat? Demosthenes.

Written by S. Shepheard.

London, Printed for John Hardesty, at the Signe of the Black-spread Eagle in Ducke-Lane, 1646.

The pamphlet contains the following parts:

  1. TO The Right Honourable the house of Peers, Assembled in PARLIAMENT
  2. An Answer to a seditious Pamphlet, lately published in Print, intituled the JUST MAN IN BONDS
  3. An answer to a seditious Pamphlet lately in print entituled, A PEARL IN A DUNGHILL. Written in Defence of that famous Libellor, Lient. Col. Lilburne.
  4. An answer to a Libell INTITULED A Remonstrance of many thousand Citizens, and other free-borne people of England, to their own House of Commons.
  5. Postscript
Estimated date of publication

4 August 1646.

Thomason Tracts Catalog information

TT1, p. 455; E. 349. (6.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

TO The Right Honourable the house of Peers, Assembled in PARLIAMENT.

Right Honourable,

YOu whose names are graven so deeply on the Bedpole of Fame, that the rust of all devouring time, shall never be able to eat or diminish a Letter; Adulation, and my nature are ods, and I have the least to answer for that, of all my Crimes; yet it becomes the just to be thankfull, and those that will not honour the Instruments of Gods Glory, detract from their Maker. First, therefore all thankes be rendred to your honours for your constant fidelity to your Countrey, that you would not degenerate, but choose rather to be afflicted with Gods people, then to injoy the pleasures of sinne for a season, that you would be pleased to undergoe Callumnies, and the* Brand of Infamie; the Subjects of this Kingdome cannot chuse but mutually joyne with me, as once the women in the dance, and say, many Peeres have done worthy deeds for the good of the people, but ye have exceeded them all, undergoing the frowne of Majestie, which who so lookes on sees a Basilisk, and seldome escapeth Death; venturing your Estates, wherein some men place their Summum Bonum, and many of you your lives to purchase Freedome for a people, altogether ungratefull (I say not so) but some men furnisht with corrupted mindes, whom Satan hath filled with the spirit of Enmitie, and Detraction, to the griefe of my soule, and of all the least vertuous, with their pennes, like so many sharpened pikes, as Saul, once to David his Proserver, they stab at their deliverers: men that are as unconstant as the wind; more foolish then Claudius, more wicked then Stajus, who place their felicity in that to be avoyded City-racer Mutabilltie, some of whose scurrilous Emptie Pamphlets coming into my hands, I conceived I was bound in honour to my Maker, and in thankfulnesse to your Honours, to Reply to the said Pamphlets; for these ravenous Fowles the People, are naturally inclined, with greedinesse to swallow whole Gobbets of such carion, though they surfet themselves thereby, and are often forced for it, to be let bloud. Thus desiring that great God, who hath greatly assisted your Honours hitherto, to keepe you for ever untouched by your Enemies. I [Editor: illegible word], and shall ever remaine,

Your Honours most humble Servant.

THE FAMERS FAM’D.

IF a Commander doe faithfull service for a space, and afterward revolteth and fighteth against that cause which erst he maintained, must the memory of his former Service hinder the course of Justice? surely no; if Lievtenant Colonell Lilburne, sometime an obscure Apprentice in London, have formerly done Acts for his Countrey, worthy acceptance, though it may be evidently proved, the maine reason why he accepted of the Parliaments Service, was not so much out of an affection he bare to the Parliament and their cause, as to protect himselfe against his creditors Arrests, I say is he therefore to be excused, if he degenerate, and become an open and profest Enemie to that state, whose cause, hee erst seemed so stiffly to maintaine?

Was there ever Papist, Malignant, Royalist, or Cavaleer did demeane himselfe so libellously, slanderously, contemptuously, and ungratefully to the Parliament as this Lilburne hath done? and indeed the man understandeth not what he speaketh, nor whereof he affirmes, he hath erred from the truth, and is now turned unto vaine Ianglings, not knowing the end of the Commandement is love, 1 Tim. Chapter 1. Which commands him not to Raile on Dignities, and speake evill of Governments; this is the man, and that, the first, that findeth fault, and proclaimeth it a breach of Magna Charta, which himself had yet never Law enough to understand, because he was cited to come before Authority, before he was acquainted with his Accuser, or accusation, whereas the meanest capacities know, that there is nothing more usuall then for Judges, Justices, and all superior, or inferior Offices, or Courts of the Realme, upon credible information, not onely to Summon, but to Attach men by Constables, and other Officers, to appeare before them to answer such matters as shall be objected against them; and this none ever deemed (Lilburne excepted) to be illegall, or contrary to Magna Charta, or the Subjects Liberty; and shall not the Parliament, the Supreamest of all Courts, claime and have the same Priviledge, that under and inferior Courts enjoy, this superbious, most egregious, malapert, upstart Lilburne, whom Satan so often as he litteth inciteth, and prompteth, to compile seditious Pamphlets, destructive to the Peace of the Kingdome, this man out of his private spleene to Colonell Edward King, a man under whom once he served, wrote a scandalous Pamphlet wherein he taxeth the said King for a betrayer of the trust reposed in him by the Parliament, that through his default, many Townes of worth became a prey to the Enemy, with divers other, which were notoriously knowne to be false and suborned; in the same Pamphlet, he Rayleth against the Lawes, terming them Norman Innovations, with many other strange, and unparreleld speeches, all which he sent to Judge Reeve, who himselfe, or some other for him, made a complaint to the Lords; who Immediately summoned the Libeller before them; their warrant this

Die Mercurii, 10 Iune 16. 1646.

It is this day ordered by the Lords, in Parliament Assembled, that Leivtenant Colonell Lilburne, shall forthwith upon sight hereof, appeare before the Lords in Parliament; to answer such things, as he stands charged with before their Lordships, concerning a Pamphlet, Intituled, The just mans justification, or a Letter by way of Plea in Barre, and hereof he shall not faile, as he will answer the contrary at his peril.

To the Gentleman usher attending the House, or his Deputy.

Iohn Browne Cler. Parl.

Lilburne having received this Warrant by the Officer, raged and after his wonted manner, bewailed the breach of Magna Charta, and denied to appeare; but on better consideration he resolved to obey, and coming to Westminster, and being brought to the Barre of the Lords House, he carried himselfe before them, in a most contemptuous, and vile manner, and being demanded, by the Earle of Manchester their speaker (who, caused Master Smith to draw forth his Libell, whether or no, he did not leave that Pamphlet at Judge Reeves his House, for the Judge himselfe; he would not deigne to answer to that, but with erected Front, and like a wily Sophister, demanded, if they had any formall, or legall charge against him; if they had, he desired to see it, and then he would answer to their question to whom the Earle of Manchester said, Lievtenant Colonell Lilburne, the Lords Command you to answer positively to the question; to whom Lilburne replied, my Lord, the paper in Master Smiths hand is my answer to the question and no other answer will I give you, whereupon he was Commanded to goe forth, upon the perusall of which paper full of reproachfull speeches, and lying vanities before unheard of, he was by the Honourable House of Lords, againe committed to Newgate, by vertue of this Order.

Die Iovis 11. June 1646.

It is this day ordered by the Lords in Parliament assembled, that Lievtenant Colonell Lilburne, shall stand committed, to the Prison of Newgate, for exhibiting to this House a scandalous, and contemptious Paper it being delivered by himselfe, at the Barre this day; and that the Keeper of the said Prison shall keepe him safely, untill the pleasure of this House be further signified, and this to be a sufficient Warrant, on that behalfe.

To the Gentleman Usher of this House or his Deputy.

Iohn Browne Cler. Parl.

Since those that sit at the sterne of Government, the Right Honourable Lords Assembled in Parliament, cannot keepe themselves from the obloquies, of such as owe their lives unto them, for their care and watchfulnesse for their good, we that are of low degree, ought not to account our condition deplorable, when we are scandalized and contemned, when we see even our Magistrates, and chiefe Rulers of the Kingdom, not only in talke, but even in Printed Pamphlets, traduced by the seditious and vile slanderers, of whom one of our moderne Poets saith truly.

  • Where they desire to enter, there’s no Fence;
  • No Antient Title, no Inheritance
  • Can serve for Plea, for these men wrest the Law,
  • Keepe Magistrates, and Officers in awe;
  • They pluck the Ballance from faire Justice fist,
  • And make her Ministers doe what they list.

*But to the matter in hand, on the 22. of Iune 1646. the Lords sent an order, to the Keeper of Newgate to bring Lilburne before them, now such was the obstinacy and Rebellion; of this* Lilburne, that he not onely Railed afresh against the Lords, but keeping his Chamber loked, utterly refused to obey the Order, whereupon the Officers brake open his doore and tooke the Libeller with them to Westminster, where being arrived hee was called into the House of Lords, and commanded to kneele at their Barre, which he utterly refused to doe; after some urging, and his constant deniall, the Earle of Manchester demanded a reason, why he refused to kneele, to which our Simplicius, answered, that he had learned both better Religion and manners then to kneele to any humane, or mortall Power, how great soever, with many other peremptory, and unbeseeming speeches, which none save Lilburne durst have uttered, for which he was againe returned to Newgate by a stricter Order then before.

Die Martis, 23. Iunii 1646.

Ordered by the Lords in Parliament Assembled, that Iohn Lilburne shall stand committed close Prisoner, in the Prison of Newgate, and that he be not permitted, to have Penne, Jnke, or Paper; and none shall have accesse to him in any kinde, but his Keeper, untill this Court doe take further order.

Iohn Browne Cler. Parl.

To the Keeper of Newgate, Deputy, or Deputies.

Exam. per me Rec, Briscoe (Gler. de Newgate.)

*During the Imprisonment of this transcendent lyar and Libeller Lilburne, who ought by the Ancient Lawes of this Land to have his tongue cut out, for* thus it runnes, that the Author and spreader of False Rumors among the people, had his tongue cut out if he redeemed it not with the price of his head; that at the common* Law before and since Magna Charta, it was High Treason, for any man to assist or give consent to any thing tending to Sedition, in Realme or Army; which what more surely or speedier causeth then Seditious Libells? of which whether Lilburne be guilty or no, I appeale to all that have Read his Answer to Nine Arguments, His Englands Birthright, &c. I say during the Imprisonment of this Lilburne, without License or name, there have come forth two Printed Pamphlets; the Authors taking upon them to vindicate their Brother Iohn Lilburne, throughout almost their whole Pamphlets, vent nothing, but Railing Accusations, against the ever honoured House of Peers, the first whereof I intend first to answer, and after God willing the other; I shall begin within his owne words verbatim, as they were by him published.

An Answer to a seditious Pamphlet, lately published in Print, intituled the JUST MAN IN BONDS.

SInce this worthy Gentlemans case is* mine, and every mans, Lilburn. who though we be at liberty to day, may be in Newgate to morrow, if the house of Lords so please, doth it not equally and alike concerne all the people of England, to lay it to their heart, and either fit both our minds, and necks to Jndure Slavery, or otherwise thinke of some speedy and effectuall meanes, to free our selves and our posterity therefrom?

Marked beseech you how, (prophetically) the Pamphleter begins and fortelleth his own dole, that though hee be at liberty to day, he may be in prison to morrow; and good reason Sir; for the doers and assisters are all one, and ought be alike punished; yet though it may be and is your due, yet not every mans; for I hope there will never be a generall declaring; for then we might expect a totall destruction; therfore it is enough and one too many, that your selfe, according as you seeme to feare, commit such vile crimes, whereby you are made capable of imprisonment; and whereas you as it were in scorn say, if the Lords please, know Sir it is the pleasure of God the King of Kings, and Lord of Lords, that such Achans as you and your brother Lilburne should be brought to condigne punishment, and therefore if the Lords should neglect so necessary a duty, as is the punishing of such wretches, they would be guilty of heynous sin before God, and be the occasioners of their own contempt by men; but see he taketh in hand, by way of insimulation to cause the people to thinke themselves vassaliz’d, because Justice is executed, and exhorteth them to resolve to be slaved, or to take some speedy course to free themselves; the malevolent, and wicked spirit of the Author, under pretence of enlightning the eyes of the subject, would put them out clean, for except the Lords stick to the Commons, and the Commons to the Lords, there wil never be peace or joy in England; but I make no doubt but the subjects of this Kingdome respect more the glory of God and their owne welfare, then to give eare to this wicked incendiary. The Pamphleter proceedes.

The power of the Lords is* like a shallow uneven water more in noise then substance; if we could distinguish between what is theirs of right, and what by encroachment, we should finde that they have decked themselves with the Commoners Feathers, which being reassumed, they would appeare no better arrayed then other men, even equall by Law, inferiour in uprightnesse and honesty of conversation.

See here the ignorance of the Pamphleter; the power of the Lords, saith he, is like a shallow and uneven Water, whereas the power of the Lords may be rather resembled to a deepe Sea whose force, (but that themselves graciously limit it) were able to sinke and overwhelme the libeller Lilburne, and this lying Pamphleter, with their complices, even to Abysse, they being in the nature of a body Aristocraticall, and indeed the strongest prop the people have. But to proceed, if (saith he) one could distinguish; I but it being beyond your reach, you shew great simplicity to meddle with those things you know not, and it appeares you cannot distinguish by the ensuing words, we should finde that they have decked themselves with the Commoners feathers; very pretty, doth the King receive his Honour from the Subject, or the Subject from Him; surely all Honours flow from Him the most Honoured, and He advanceth and setteth up; and as he by God Reignes, so they by Him Rule; therefore you ignorantly erre in saying, That they are decked with borrowed Feathers. Againe, whereas you say, than if every Bird had one feather, they would appeare no better arraied than other men. I answer, that who so goeth about to unplume them, and instead of Reverence doth use Violence, sinneth against his owne soule, by disobeying the Commandement of God by the mouth of Paul who writing to certain overseers of the Church, chargeth them to put the people in mind to OBEY RULERS NOR would they be equall with the Commons, were they stripped of all, for there is an innate heroick nature residing in all descending of Noble blood; so that they affect nothing but that which is Noble and high and for than you basely alledge, They would be inferior in honesty and uprightnesse of conversation, it is a grosse and manifest lie, the whole Kingdome may judge how faithfully, valiantly and piously they have borne themselves, in going in and out before the people, since this war; and by the past we may judge of the future. But sed more insolencies;

We should finde that they are but Painted properties, Dagons that our superstitioun and ignorance, theor owne craft and impudence have erected, no naturall issues of lawes, but the extuberances and mushromes of Prerogative, the Wens of just Government, putting the body of the people to paine, as well as occasioning deformity; sonnes of conquest they are and usurpation, not of choice and election, intruded upon us by power, (not constituted by consent) &c.

The power of the Lords, as aforesaid is essentiall, as deriving their power from him who hath it from God, and though it be very true that the Commons have in them Ignorance and Superstition enough, yet their wisdome for true beliefe could never have erected* them, by reason that many headed Beast the Commons, seldome abide constant in one Faith, and retaine for the generall little or no wisdome, save sufficient perhaps to buy and sell and get gaine. The Lords are constituted and ordained by the Lawes of our Land, which hath for ever been guided by King, Lords, and Commons in Parliament assembled. They are so farre from being the wens of just government, or putting the people to paine, that they are the soveraigne Balm, and preserving Antidote thereof example, the Earle of Essex one of those famous Peeres whom you maligne; who first sounded the depth of a dangerous Sea, and gave notice of those whirlpooles which else perhaps might have swallowed his successor, now a triumphant conquerour; they are not occasion of the least deformity, but rather of future and glory to the Commonwealth, appearing like so many Joshuahs with their Swords drawn, ready to lead the people forth, against Gods enemies, or to govern them at home in peace and happinesse. They are not usurpers, for they claim not in the least respect any of the peoples right, but what they have they enjoy, as being the sonnes of their glorious Fathers, who merited more honour then was heaped on them, it being but a Recompence in some measure for the good that through their means, as Gods instruments, the people enjoyed; nor accepted they their honour at first without consent of the people, for that which is not gain said, is assented to.

Lay to heart I beseech you, O you House of Commons, that neither your selves nor children can plead any immunity or security from this cruelty of the House of Lords, if now you be slack or negligent, but that you may justly expect, and feel the smart thereof upon you and your posterity, as well as we upon us and ours, at least after you are dissolved, and dismissed from your Authorities; is not this one of the main points for which ye have put your selves and us, and so many of this Nation as stand for your defence, to the effusion of so much blood, and multitude of estates?

Behold the libellers Master-piece; here he goeth about to raise discord betwixt the Lords and Commons, perswading them because* they have justly punished a seditious and, infamous person, according to their duties, and the Lawes of the Kingdome, that therefore the Lords intrench on the liberties of the Commons, and intend to bring the subjects of this Kingdome into bondage, the SECTARIES and their Abettors are so enraged, that they have not in all things their swinge and sway, that they could wish out of vengeance, the Kingdome were on fire, while they warmed themselves by the light ont: and therefore they leave no projects unattempted, no Falsities unsaid, to raise Discord and Division. And to make his argument invincible, as he supposeth, he insinuateth that maine ground of this more then unnaturall Warre, was to abolish illegall and tyrannicall power, which is most true; but doth it therefore follow, that we having cut the throat of Innovation, should forsake the worship of God? or that ’cause we have crushed to pieces Aristocraticall or Tyrannicall power, we should not now make use either of Law or Justice? GOD FORBID.

If yee did intend to expose this Kingdome to the miseries of war, for no other end, but that one kind of Arbitrary government, Star- Chamber, and High-commission power might be abolished, and others of that kind established over us; why would ye not tell us, that we might have both spared our lives and estates?

Now steeres the Pamphleter another course more irregular then before; now he exclaimeth on the house of Commons, that they did not give advertisements that having puld down one Arbitrary power, they would erect another, the rancorous and evill minde of the Pamphleter, how many waies trieth he to worke contention and confusion, because Lilburne is not countenanced in his pernicious waies, as he hath been formerly too too much? now they are misled to the purpose, and they care not what they affirme; and therefore forsooth the House of Commons, ’cause they not opposed the House of Lords, in their legall tryall and just censure of Lilburne, are taxed that though they have abolished one kind of Arbitrary power, they are the props of another and therefore the trayterous Pamphleter seemeth to lament, that they had not more timely notice, thereby to have prevented the great effusion of blood, and losse of their estates. All these questions and affirmations had not been thought on, had John Lilburne been walking abroad.

But if ye would either free your selves from suspition, or us of these just fears, then shew your selves such Worthies as doe truely deserve the title, by using this happy opportunity, which God hath put into your hands, and making us Free men, it being the maine cause for which we used, and intrusted you; and as a present signe of your fidelity and magnanimity, let all your reall intentions in the generall appeare, by the exactnes and speedinesse of your delivery of your own and his Countries faithfull servant John Lilburne, from prison with all due reparations.

I told you before the cause of all this trouble in print was for* Lilburnes imprisonment, which here the Pamphleter plainly confesseth, and saith, that if they will cleare themselves of the feares, the Pamphleter and his complices hath, that then they should set at liberty Lieut. Col. Lilburne, And then all Acts for the good of the Subject are ratified and confirmed, and then they shall truely deserve the title of Worthies, and be Worthies indeed. Into what a further labyrinth of misery were poor England involved, if the Parliament should allow and take the advice of these malevolent Idiots; certainly, although we are greatly impoverished, and brought low, then we should not faile to become the most wretched and abject people in the world; which evill, God divert.

An answer to a seditious Pamphlet lately in print entituled, A PEARL IN A DUNGHILL. Written in Defence of that famous Libellor, Lient. Col. Lilburne.

SUre the Author of that Dunghill* piece before answered, was the Author also of this scurrilous Pamphlet entituled A Pearle in a Dunghill) save that this is a little more finely spun then the other, He begins thus:

Although most States and Statesmen be of late turnd upside downe, like a wheele; yet this worthy,* valiant and publique spirited Gentlemen, unto whom this Nation is as much bound to, at least, as unto any one, all things considered, is the very same man both in principles and practice, whom the Bishops so long imprisoned in the Fleet, by a most cruell and barbarous censure, caused to be weary of his life; which censure they procured in the Star-chamber against him, and so was whipt, gag’d, and pilloried and in his close imprisonment, almost famished, and muthered.

**This, this is the man that thinketh he indeed hath proved, and that with one Argument of Lilburnes quondam sufferings, that he hath been faithfull to God and his Countrey to the death, in times past, and in the same stedfallnesse remaineth to this day; now therefore that his Country may see and know how deeply they stand ingaged to the said Lilburne, let us search diligently, and shew,

First, the eminency of the party, the sufferer.

Secondly, the cause of his so suffering.

Thirdly, the quality of the paine suffered.

The discovery hereof I know he will exclaime against, and say, it is a breach of MAGNA CHARTA, according to his wonted manner.

First then, for the eminency of his person, we must know, that it is even John Lilburne, during his minority an Apprentice of London, and being of an insinuating spirit, he endeered himselfe and wan the love of some silly Schismaticks, who for his strange yet empty expressions, deemed him one inspired. So that by that time he came out of his time, and had served his apprentiship, who but Lilburne of note amongst the Sectaries, his approbation desired, and his counsels followed in all things.

Secondly, the cause of his suffering, during the imprisonment of Doctor Bastwicke by the rigorous censure of the Prelates, divers persons affecting the said Doctor, out of their love resorting to him; amongst the rest, one of them tooke John Lilburne with him as his associate: after plenty of cheere Dr Bastwick to solace his guests, read to them his merry* Lettany, which highly pleased them all. Lilburne also hearing the said Lettany read, and knowing that whatsoever was written in defiance of that power, then generally hated, would be very acceptable, he desired of Dr Bastwick to have a copy of one of them, with which he would travell beyond Sea, and cause it to be printed, not doubting to be enriched by it; the winde of this fancie transported him over Sea, accompanied with a fellow whose fidelity he doubted not; there he printed many Bookes, and by them got much money, selling them even at what rates he pleased; afterwards comming into England, bringing with him many Bookes, hoping to have a new Mart, the fellow that accompanied him was his betrayer, who gave information to the then* Archbishop of Canterbury, both where Lilburne and his Libels were, who immediately dispatched a Pursevant with plenary authority, who attached Lilburne, and seised on his Bookes, which were all consumed with fire. So much for the cause of his suffering.

Thirdly, for the quality of the paine suffered, it was no lesse then pillorying, whipping, gagging, and to say truth most wicked abusing of his person. Here I beseech the Reader to take notice, that not onely this Pamphleter, Lilburnes vindicator, but himselfe also in all his seditious Pamphlets maketh it an argument infallible, because of his cruell handling by the Bishops, to prove his extraordinary zeale to God, and his Countrey, when it was his affection to attaine riches, and the desire of gaine that brought those calamities upon him; for had he sate at home, and not transported himselfe beyond the Seas to have printed that Lettany, or if being there he had stayed; or else, if comming over had left behind him those instruments of his destruction, Dr Bastwicks Bookes, he had not now been reputed so famous a sufferer for God, and his Countrey: but had remained, as he still is, in the account of all wise and truely religions men, a* MECHANICK, FACTIOUS, SLANDEROUS, LYING LIBELLER.

His Defender goes on,

And now if you will begin to think how a* man so faithfull in all his waies, should be so liable to trouble, as he hath been, for he hath been divers times in Pursevants hands, and so committed by Committees, if you shall consider how this Pearle comes to be cast upon this Dunghill, you will finde the faithfulnesse of his heart towards God, and all good people, the freenesse of his tongue, against all kind of injustice, or unworthynesse, in whom soever, is the onely cause and no other.

The lying Pamphleter having before told you that the sufferings of Lilburne in the Prelates daies, was onely for God, and his Countrey, which egregious and monstrous lie I have already canvasd; now he proposeth a Riddle, and asketh how it should come to passe, that a man so faithfull in all his waies, &c. I answer, giving my judgement what might be the reason thereof, perhaps one reason might be, for that he the said Lilburne wrote and divulged a scandalous Pamphlet, intituled, An answer to NINE ARGUMENTS, wherein he intolerably railes against our Church, Ministers, Worship, Government, reporting them to be Antichristian and Diabolicall; on perhaps it might be for his seditious and base Libell, entituled, MARTINS ECCHO, or for his malicious and trayterous Libell entituled, ENGLANDS BIRTHRIGHT, with many other seditious and scandalous Libels, for which he ought; though his: punishment were then mitigated, to have suffered condign punishment, and that after a severe manner, by Statutes at Westminster, first made 3 Edward 1. c. 33. 2 R. 2. c. 5. 12, &c. and Eliz. c. 7. it is enacted and streighly defended, upon grievous paine, That from hence forth none shall be so hardy to contrive, speake, or sit forth any false names, lies, or tales, of Prelates, Earles, Dukes, Barons, Nobles, or great men of the Realme, whereby debates, discords, or slanders may arise, between the King and His People, and the Lords, Nobles, and Commons, whereof great perill and mischiefe might come to all the Realme; and quicke destruction, if remedie were not provided: and he that shall offend herein, shall bee kept in prison untill be hath brought him forth in Court, that first speake and report the same, and if he cannot bring him forth, then He shall be grievously punished according to the nature of the Offence, by the Councell; and all Justices of the Peace, throughout every Shire, City and Towne Corporate, are enabled to beare, examine, and determine the said causes, and enjoyned to put these Lawes in the due execution, that from henceforth condigne punishment be not deferred from such Offenders.

But now the Pamphleter explaineth his Riddle himselfe, and saith, you finde the cause of his trouble, to be (the faithfulnesse of his heart) ô Sir, you injure him greatly to charge him with that whereof he is not the least conscious; but contrary the basenesse and treachery of his heart, against God, and his Rulers, Blaspheming the one, and Calumniating the other, the freenesse of his tongue according to your owne phrase, in reviling his Lord the King, of whom he ought not to thinke an evill thought, is the cause that brought his former, and present calamities upon him, and maketh his name become odible to all vertuous; but let us traverse the Pamphleter.

And if you seriously weigh things, you will confesse, that it would grieve any good mans heart, that Treachery, Cowardise, Cruelty, Plundering, and Covetousnesse have been very slenderly punished, and faithfulnesse so many wayes discouraged, and that it is a very sad thing, in a time so zealously pretending Reformation, that any quiet people should be punished and reproached for worshipping, and serving God* according to their Conscience: and that Trouble-House Conformitie, as much cryed up, as in the Bishops times.

*All wise men will seriously weigh and consider things as they are; and as they may be caryed, that men in Authority may rule over the bodies of men, but not over their minds, and therefore not able to prevent Treacherie, Cowardise, or Cruelty, the committers whereof often escape unpunisht contrary to their will, which if so neglected, ought not to be charged on them; & againe that it is not alwayes seasonable to punish crimes, though never so heynous, and that is when the offenders are* potent, able to withstand, and perhaps (Their Arme of Flesh considered) over-power their Judges: but it is evident to all the world that since the sitting of this Parliament, they have not been partial in the least regard, witnesse the two* hothams, & never was faithfulnesse better rewarded then by them who have on the meanest subject bestowed honours, if found faithful, and have rewarded each Officer fighting for them according to his Degree, and this is no sad thing in a time of Reformation, but a glorious Animation to the Just: nor are the quiet people punished or reproached, for serving God, those Disturbers of Sions Peace, the Sectaries, are only opposed, their errors being opposite to God, & destructive to the Peace of the Kingdome, who if they should be suffered, would be an occasion of the inevitable Ruine and Destruction of this Nation; for as long as there were divers Sects, there would be Division, and a Kingdome divided cannot stand: God himselfe hath pronounced it, and that without which God cannot be zealously served, nor the Common-wealth possibly preserved in peace and tranquillity, which you contemptuously and wickedly call Trouble-House Conformitie is cryed up, for the Reasons aforesaid and no other.

The Imprisonment of Lilburn you must know, is a sore corrasive to the Pamphleter, an erst to his Predecessor, and therefore he also will have a fling at the House of Lords, thus:

And why presume yee, O yee Lords, thus against us, set forth your merit before the people, and say for this good it is, that wee will Reigne over you? Remember your selves; or shall we remember you? which of you before this Parliament, minded any thing so much as your Pleasures, Playes, Masques, Huntings, Feastings, Gamings, with the Appurtenances? If you owed any man money, or abused any man, what Law was to be had against you, what Patents and Projects did you suppresse, or so much as move against, nay had not a hand in. What fearfull enemies were you to Ship-money, & to the proceedings of the High Commission, Star Chamber and Councell Board? indeed your goodnesse was unexpressible, and undiscernible, before this Parliament.

The audacious and impudent Pamphleter, not considering the Lords* commadement, chargeth the honourable House of Peeres with an heap of known falsities, he taketh in hand to shew, that before this Parliament began they were no other then persons giving themselves over wholly to pleasure, and that they plaid Rex over the people, doing with them as they listed, that in stead of suppressing, they caused to be extorted those unknowne vast lones of money levied by the terme of Ship-money, that they were the upholders of those tyrannizing Courts, the High Commission, the lively Effigies of the Spanish Inquisition, Star-Chamber, and Counsell board, &c. It is knowne to all men, not wilfully blinde; for there is a sort of men that see, and will not; such is this our Pamphleter and his Complices, that the Lords in generall, I meane those now assembled in Parliament, were ere this Parliament was thought on, men renowned through the world, men singularly vertuous, men fearing God and eschewing evill: and what though they beheld Masques, do not all wise men know, that a Morall Masque is profitable to see and though to the unlearned, who may refraine the sight of them, they seem Riddles, and Nulls, yet to the knowing, who are able to explaine the sense and meaning, and to crack the shell, they finde a sweet and pleasant kernell: and whereas you taxe the use of Hawking, Hunting, and such like Princely sports, it were a sin for them to refraine; but to use them, no sin at all, the whole scope of their Intentions, using the said Games, being for the Recreation of their bodies, by which they become lively, and are more apt and able to serve their Maker, and to manage the Publike Affaires to which the Lord hath called them.

And it is also very well known, that the Lords now Assembled in Parliament, were the happy Instruments of procuring a grant for a Parliament; their Inventions in so doing, wholly out of zeale towards God, and love to their Countrey, that the worship of the one, then too much corrupted, might be purified and refined, and the burthens under which the other groaned, to be taken off; and is this their Reward, ô yee unstable, ungratefull, and giddy Sectaries, whose tongues are set on fire of hell, to maligne and vilifie those that are the most upright, and for whom ye ought to blesse the Lord, as being, part of those Instruments to get for you, with the hazzard of their lives and states, the worship of God, according to the purity thereof, that Liberty and Freedome which your Fore-fathers have sighing wished for, but could never attaine, but oh the wickednesse, wilfulness, and pride of heart that is in some, that they rather then lose one jot of their new fancied Liberty, (indeed a slavery, would they duly consider it) chuse to be guilty, both of their owne, and an whole Nations fall; Besides, are there not Thousands, whose* vanquisht Persons live in hope, to see the second part of the destruction of Germany acted in England. And that the hatred now betwixt the Independents and Presbyterians, will prove as fatall, as whilome that bloudy* Dissention betwixt the Guelfes and Gibellines: the enormities that attend Dissention, the most excellent Poet Virgil admirably describeth, where he maketh Juno seake to Alecto. Æneidos lib. 7. saying,

  • Tu potes unanimos armare in proelia fratres,
  • Atque odiis versare domos, tu verbera tectis,
  • Funereasque inferre faces, tibi nomina mille,
  • Mille nocendi artes, fecundum concute pectus,
  • Dissice compositam pacem, sere crimina belli,
  • Armæ velit poseatque, simul rapiatque iuventus.
  • Englished.
  • Thou canst beloved Brethren, force to starve
  • And overcome whole Families by War,
  • And cast from house to house, combustious fire,
  • Take thee a thousand shapes, false names acquire,
  • And thou a thousand Fallacies canst use,
  • Then search thy ful swolne breast, turne to abuse
  • Their Peace agreed on sow thou seeds of Ill,
  • Their youthes doe long each others bloud to spill, etc.

But we have yet more of the devills language, who no doubt Dictated to the Pamphleter, as hee hath often done to Liulburne, and his complices, and it is worth your observation that Satan by his Delusions maketh them to bee the props, and stayes of his now tottering Kingdome; for he pereceiveth and gnasheth his teeth for ire, that the power of those, whose Innovations set up, caused many thousands to Fall, who ere they could recover themselves, were plunged in the depth of Abysse; and that now the spirit of truth so prevalleth, that Gods true worship is like to be erected, according to the originall purity; He now therefore, the power of Hell assisting him, tryeth all the wayes to hinder and Impede so glorious a worke he therefore hath dispatched his Agents abroad, giving them commission to enter into the hearts ofall void of the Spirit of grace, and to cause them both by writing, and speaking to calumniate, and as farre as in them lyeth, make odible the persons of those who are the chiefest Instruments of Gods glory; and then without doubt their Persons hated, their Performances will not be acceptable, this will cause contention, and, Divide & Impera, according to Machiavil, Divide, and prevaile. But thou that rulest Behemoth, who laughest at the strength of man, put thy hook in his nostrills, and save thy people by thy strong Arme.

Now the Pamphleter citeth an Adage comparatively.

It was wont to be said, when a thing was spoyl’d, that the Bishops foot had been in it: and if the Lords mend not, it will be said so of them, and justly too.

It was wont to be said (A Fooles Bolt is soone shot.)

And, what other have the Lords ever been, then a Clog to the House of Commons, in all their Proceedings? How many necessary things have they obstructed, how many evill things promoted? what devices have they had of Prudentialls, and expedients, to delay and pervert what is good; and subtle Policies to introduce things evill?

It hath ever been the custome of Libellers, and calumniators, when they groundlesly slander, to cite things by the whole, not bringing proof of any one thing: so here the lying Pamphleter taxeth the Lords, & nameth not when, where, or how they deserved; the reason you may ghesse, (he cannot) & indeed envy it self cannot challenge the honour’d Lords of the least corruption; I meane, in the way of hindring any one Act for the good of the Subject; nay rather have they not, ere since the time of their sitting, and passing through this fiery Furnace, as I may so say, of their opposing the Royall party, been the Agents to procure many Orders for the good of the Subject? can any say that they have held back, or refused to subscribe to any one paper tending to the good of the Subject? and for their introducing of evill, which the Railing Pamphleter taxeth them of, the meanest capacity may perceive; and all Loyall subjects will hisse at so impudent a Lie.

Now you must know the Pamphleter, in his own conceit having sufficiently vindicated Lilburne; he flyeth high, and hyperbolically saith,

Thou dost well, ô England, to give up thy first borne Lilburne, the son of thy strength, and high Resolution for Freedome, if thou intendest to become a Bond-slave to either King, Lords, or any others; for hee will never submit either body or minde to any kinde of slavery.

Lilburne in prison, hinc Dolor, hinc Lachrymæ; and therefore to incite the Commons, if it might be, to rise against his Judges, he maketh them interessed in his cause; Alas Sir this will not do, the dearly beloved inimitable unparallel’d Libeller, must have the reward of his merits. While England will sit still and see, not the Sonne of her Strength, but the Son of her Shame, and Sorrow, brought to condigne punishment; nor doth she feare that thereby Her bondage will be aggravated, knowing that such are the Bonds that tie her hands & feet, not suffering her to atchieve that which would prove to her everlasting Benefit, and honour: and she knoweth right-well, that he that hath already submitted himselfe, and is become a Bond-slave to the devill, to put in Act what ever hee shall whisper to him, cannot be the Agent to procure her Infranchisement, Liberty, she sits and beholds with joy the unequall’d proceedings of her two Houses of Parllament, and having the spirit of discerning, lamenteth the errors, heresies, blasphemies of the time, taking into consideration those* verses of the Poet, that,

    • Now for truths matters, there is much adoe,
    • Some this, some that, some none of both will have,
    • And yet they all doe restlesse Fortune woe
    • To yeeld to neither, yet doe either creve
    • In worlds behalfe, or Fleshes fixt thereto,
    • They all in shew doe seek the truth to save.
    • And all seem, to sollicite Sions cause,
    • Which they would have confirmed by the Lawes.
    • Some say they lye, that onely truth doe teach.
    • Some envy them that live by teaching so,
    • And at their lives and livings seem to reach,
    • Which they forgive, but will not so forget:
    • Some tongues defend the Truth which they doe preach,
    • Whose Actions give her many a bitter blow!
    • Some live at Dying, while they seek to live,
    • And some Dye living, yet doe most relieve.
    • Some* Lyers doe call carnall liberty,
    • The glorious liberty of Truths deare Sonnet,
    • And her they urge to prove that verity;
    • But Truth’s betray’d by such untrusty ones,
    • That Sacriledge doe guild with sanctity,
    • Yet for that look for high promotions.
    • O in a world of mischiefe, when pretence,
    • Doth shroud a world of Inconvenience!

But whereas the Pamphleter saith that Lilburn will never submit either body or mind to slavery, he insinuateth that some are slav’d: O the incorrigiblenesse of some, if they may not do what, say what, attempt what they list, they cry out they are vassaliz’d and trod on, Magna Charta is slighted, & the liberty of the Subject infring’d! But sure the time will come, that these men, that doe and say what they list, and should not, shall be forced to undergoe what they ought, and would not: and now the Pamphleter having railed sufficiently on the Lords, whose innocency is above his calumnies, hee insinuateth with the Commons, promising himselfe that, which were a wonder to see.

But certainly those Worthies in the House of Commons, that consider what the people have done, and suffered for their liberties, will never suffer so foule a deed: it cannot be, but they intend the uttermost* of just Freedome to the people, and love those best that most know and affect true Liberty, and are greatest opposers of exorbitant power, in whomsoever, and consequently cannot, but instantly deliver all just men, and henceforth reduce the Lords Condition, suitable to the Freedome of the People.

To fill up his measure of evill, hee concludeth his Pamphlet with confidence, that the House of Commons will intrench upon the Priviledge of the Lords, and deliver him whom they have caged: but Sir, your hopes deceive you, for the Honourable House of Commons will not but maintaine, as they ought, the Priviledge of the House of Peers, even as they have hitherto, both Houses having mutually and unanimously proceeded without the least perturbation. For should those happy workmen disagree, that glorious and solid Fabrick, which with so much cost and paine hath been erected, would not only be left unfinished, but also would be in danger to be utterly demolished; But the Highest divert so great a mischiefe, and let not ô Lord our many and crying sins pull downe so heavy and fatall a judgment! The Ridiculous Pamphleter proceedeth in his madness, and holdeth it convenient the Lords should be reduced: but his combustible matter I have so moistned, that it shall never be able to take fire. The mouth of the just shall be fruitfull in Wisedome, but the tongue of the froward shall be cut out, Prov. chap. 10.

An answer to a Libell INTITULED A Remonstrance of many thousand Citizens, and other free-borne people of England, to their own House of Commons.

THis Remonstranoe was not penned by Lilburn, but whoever he be that penned the same,* his spirit was doubled upon him, and it may fitly bee termed the master piece of wickednesse, and the very quintessence of basenesse, the contents whereof is able to infect the unsetled, and to cause the plague of Dissention to reigne, as hot as ever before: but I shall make known a soveraign Antidote, that if any be already infected, they may by reading my lines, God willing, receive present and perfect cure, and it will be a preservative also to prevent the further spreading and encrease thereof.

Heare the Libeller.

We are well assured, and ye cannot forget, that our chusing you to bee Parliament Men, was to deliver us from all kind of bondage, and to preserve the Common-wealth in Peace and Happinesse, for effecting whereof, we possessed you with the same power, that was in our selves, to have done the same, for we might have done it our selves without you, if we had thought so convenient, chusing you as persons whom we thought fitly qualified, and faithfull, for avoiding some inconveniences.

What hath bereft you of your former confidence, the wickednesse of your owne spirits will not suffer you to participate of that good which is providing: the men ye have chosen, have not failed to performe their duty in a Parliamentary way: and God hath so aided them, that they have outdone example: the bondage, were it a bondage, you so sorely exclaim against, is taken off, and the peace and happinesse you seeme to desire, there is great hopes to injoy had it not beene for your owne cursed Proceedings, Lyings, and Slandering the Authors of your Good, you might have now beene in better state then you are, and yee have shewed your selves unworthy of that Good, got and gaining for you, by your continuall Debates and Dangerous speeches, and as if you were weary of mercies by threatning, That if you have not all, even to a tittle, that your erring Fancies desire, you will by your owne strength procure it. Now, whereas you Boast, that had you thought it convenient, yee your selves could have accomplisht your wish. Vainemen, though it be possible, you may be of Abilitie sufficent to measure Cloth, and to keepe a Booke, your summes being vast, and unknowne, yet with Bakers Ayde you can substract and multiply, and give the summa totalis; yet to manage the Affairs of a Kingdome is too high for you, and had not the High-Commission Court beene suppressed till by you, we might still have beene cited before a Judge, bearing both Swords as before: it hath alwayes beene the custom of wicked and ungratefull men, such as your selves, the good once attained, to slight the procurers thereof; did you want that you now have? O how acceptable would the least of those mercies be, of which yee now surfeit! and yee ought to know, that mercies abused are often by the Almightie turn’d into scourges, for the smart of the wicked and ungratefull.

But, how yee have dealt with us, we shall now let you know, and* let the Right Righteous God Judge betwixt you and us the continuall oppressors of this Nation have been Kings, which is so evident, that you cannot deny it.

Did you as you ought, you would let them know, how they had dealt with you, by presenting your selves to them in all Humility, and acknowledge with all Thankfulnesse, that They have under God beene the preservers both of your lives and states; but yee are an unstable wavering minded people never contented in one state; selfe-conceited you are, and leane so much upon that broken staffe of Reed, your wit, that it will be a meanes at length, even to pierce you through; Rash you are, and your Ignorance spurring you on, yee affect Things Inconvenient, and Destructive. To your Selves. And whereas you say, the continuall oppressoers of this Nation have beene Kings, I answer, you commit a grievous sinne, to averre ought contrary to your knowledge: if yee have Read the Chronicles of this Kingdom, you will find that the* Kings of this Isle, and that for the major part, have beene nursing Fathers and Mothers, under whose peaceable and happy Government, the people of this Land have sate each man under his figge tree, praysing God, and praying for their King: If yee shall Aske what were the names of those Kings, so good and Gracious, I answer, before the Conquest many, as Edmund, Edgar, Athelstane, &c. Since the Conquest, Henry the third Henry the fifth, Henry the seaventh and his Son; Henry the eighth. Edward the fixth, gracious* Queene Elizabeth, King James, with divers others, whom for brevities sake I omit, some of Them having augmented the Bounds of their Kingdome, striving to make Their Nation glorious and great others others have strove to maintaine what your forefathers have got, executing Justice and Judgement and to truth, never no Nation had more cause to boast, of the Valour, Pietie, and good Government of their Kings then the English Nation; nor hath our Dread Soveraign Lord King Charles beene Inferiour to His Pious Predecessours in the least respect, who for the space of 17 yeares, etc seduced by some pernicious and vile* Spencers, Governed his People in Peace, and under Him They Injoyed much Fellcitie, and so may againe, this Prodigious and terrible storme o’re-blown; but let us returne to the Libeller.

And yet yee cannot fight for our Liberties, but it must be in the name of King and Parliament, and He, that speaker of His cruelties must be thrust out of your House your Preachers must pray for him, as He had not deserved to be Excommunicated all Christian societie, or, as if you, or They, thought that God were a Respecter of Persons in Judgement.

The Honourable Houses of Parliament esteeme it not a poynt of Libertie to Fight the Kings Battels, and except His name; the Royall Partie having perswaded the King to Destructive courses, he ruled by them, fought against His Parliament; His Parliament, to maintain the Libertie of the Subject, their own Rights & Priviledges and to Restore His Majestie to that honour and state He was in, are seduced, fight against those their opposers and is to not convenient for Them then, He being the Head, they the Members, to have His name mentioned, for whose honour They fight, as for Their owne Rights?

Kings are but men: and have Their passions and failings as well as others: and moreover, a great and weightie Burthen lyes on Their shoulders, which Subiects doe not conceive; and according to the Poet.

  • Crownes are but hives, where stinging [Editor: illegible word] doe swarme,
  • Pompes but the whites, where at fall envy shoots,
  • Which are as Trees, whence grow their owners harme,
  • Harmes are the fruit; Crownes, Flowers, & Kingdoms Root.
  • The Arme of flesh is but a feeble Arme,
  • And in such strong extremes it little Boots:
  • He knowes not yet the Nature of a Crowne,
  • That knowes not Kings may be by strength o’ rethrowne.

And forasmuch as we are perswaded, that those evill Counsellours were the onely cause and Fountaine whence our sorrowes have flowed, and that we know, and have cause to believe, considering His Majesties frequent and pithy expressions, His heartie desire of Compliance with His Parliament, & of setling a firme & wel-grounded Peace: Is it fit that any should speak lightly, or Revile our Lord, whose after-Reigne, we hope, will prove more glorious then His former? Why should we Doubt the Evill being taken away, but His Throne shall be established in Peace? Why should not the Ministers of God, Nay, have they not ample Reason therefore, as they prayed once for His Conversion, now to give thanks for His being Converted? And though God, its true, be no Respecter of Persons in Judgement, it followeth not that we should imitate our Maker in that, for he commandeth by his Apostle, saying; Feare God, Honour The King.

And have yee shooke this Kingdome like an Earth-quake, to produce no more then this for us? Is it for this that yee have made so free use, and beene bold with our Estates? And doe you, because of our Readinesse to comply with you in All Things, esteeme us so sottish as to be contented with such unworthy Returnes of our trust and love? No it’s high time to be plaine with you: We Are not, nor Shall not be so contented: We doe expect in the first place, that you should Declare and set forth King Charles His wickednesse openly before the world, and withall to shew the Intollerable inconvenience of Kingly Government, from the constant evill Practises of those of this Nation, and to Declare King Charles an enemy, and to publish your Resolution never to have any more, but to Acquit us of so great a Charge and trouble for ever, & to convert the great Revenues of the Crown to the publike treasure, to make good the iniuries and injustices done heretofore, and of late by those that have possessed the same; and till this be done, we shall not think our selves well Dealt withall in this originall of all oppressions, to wit Kings.

That this Nation hath of late beene sorely shaken it is most true; and had not Gods mercy surpassed Englands Deserts, it had beene shaken to pieces: but this ungratefull Libeller Asketh, (And is it for this?) for what your fore-fathers would have sacrificed Their Lives with Joy: Had they but hoped Their Posteritie after Them should have gained those rare Immunities and Freedomes which your selves now doe, and are like to Injoy; the Government by Prelates Abolisht, the High-Commission, Star-Chamber, all Courts grinding the Faces of the poore supprest, the Feares of a Combination with Forraigne States taken away, by the Disposing of the Militia into trustie hands, such as the Commons shall confide in, with many other Remarkable priviledges; and are yee so unthankfull yet to say (Is It For This?) And whereas you menacing Boast, That you Are not, nor Shall not be so contented, your Estate is to be Deplored, that you are so voyd of grace and Reason, that the Sword hath yet a hope to be handled by you: and is it not sufficient for you to Ruine your selves, but you must also seek the Destruction of the whole Nation? For you propose, that King Charles should be Proclaimed an Enemy; could we acquir our selves of our Oaths, and the Fidelitie we owe to our soveraigne, yet policy would perswade us to work more Discreetly, (and not involve in a new warre; a Nation almost Dispoyled) for wee must know, that the Princes of the Royall blood will not sit still and see Themselves Robbed of their Birth right; neither [Editor: illegible word] I am fate, so vile a thought into the heart of any Member of Parliament, whose frequent expressions have beene, and still are, in all meeknesse and Humilitie, to desire the King, the spirit of Dis-affection abandoned, to Returne to His Charge, and by Their meanes, God assiting, become a greater, a more glorious and Potent Prince then before; all wish, I hope, to see effected, to the rejoycing of all Vertuous, and to the shame and confounding of councenance of all Malevolent wicked Sectaries, that King and Subjects may Rejoyce in each other, the one seeking nothing but the others welfare, and all, that All Feare; and Jealousies layd aside, the Subjects of this Kingdomes, each man following the workes of his calling, submitting themselves, as they are desired by S. Paul, and that for the Lords sake, not denying to yeeld Cesar his lawfull tribute, following the example of their Saviour, knowing, The more he hath, the better he shall be enabled to withstand his and their enemies: To this purpose, one of our moderne Poets saith excellently;

  • For thine and mine, and mine and thine, are things,
  • Not for to be ’twixt Subjects and their Kings;
  • Princes, like the Sun, should from the earth exhale
  • The wealth they raise therein, and let it fall
  • In every place, as they have cause, a share,
  • And not consume it like the wanton Heyre;
  • Their full Exchequer must like Conduits be.
  • Open to all, to rich and poore like free:
  • And Subjects should, like Fields be full of Springs,
  • And naturally should fall towards their Kings;
  • The Common-wealth should alwayes be in motion,
  • Seas fall to Brookes, and Brookes should to the Ocean:
  • Such Royall, and such Loyall community,
  • Keep King and Subjects still in unity.

And whereis you desire the House of Commons to publish their Resolution, never to have Kings more; what spirits of Debate filleth your breasts, and with what furies are you inraged, that you dare be so bold to propose a matter of high concernment, which if but for civill respects as afore said, ought not to be hearkened to? your peremptorinesse ought to be punished severely, that instigated by Satan, goe about to disturbe now our almost setled people, who desire to live in subjection to God and their King, as they are bound by Oath and Covenant; and till your rebellious and destructive desires are accomplisht, you threaten, that you shall not bee contented; why then remaine in your obstinacie; untill the rods that you have gathered, lash you severely, while yee shall be reputed of all wise and loyall men, a sort of Traytors, Blasphemers, and cursed persons.

But yee have listned to any counsels, rather then to the voyce of us that trusted you; why is it that yee have stopt the Presse, but that yee would have nothing but pleasing and flattering Discourses, and goe on to make your selves partakers of the Lordship over us, without hearing any thing to the contrary?

The Pamphlet swelleth more and more with* poyson, and here it bursteth forth, able to infect the ayre have the House of Commons hearkned to any counsels, but what given amongst themselves, the affect and issue of their counsells and consultations wee see and ought to rejoyce at; but O, here's the cut that divideth the very hearts of the Sectaries, the Presse is stopt, they cannot print Pamphlets, the contents whereof is more full of lyes then a Dogge of Fleas; they cannot blaspheme God, and revile their Soveraigne in Print, as they would; and because the Commons (in Parliament) have done this, to wit, Shut Up The Presse: They have not hearkned to their connsels, but go on to make themselves Lords over them; If Satan Cast Out Satan, How Shall His Kingdome Stand; see the simplicity of the Libeller: should the Commons Go About To Abridge The Commons Liberty? should they not thereby limit themselves, and goe about to procure their owne bondage? Reason will perswade all men the contrary; but let us still trace the Libeller, who now is arrived at the height of impudencie.

You have now sate full five yeares, which is foure longer then we intended, for we could chuse you but at most for one year; and now we wish you would publish to the world the good you have done for us, the liberty yee have brought us unto, if you could excuse your selves, as you use to doe (it hath been a time of warre) for when the warre in the beginning might have been prevented, if yee had drawne a little more blood from the right veine and might often ere this have been ended.

Now the House of Commons as the Remonstrators promise in the* title of their Libell are called in an account Course Of Order Is Clean Perverted where The Subject shall Censure The Magistrates yet such is the pride and impudence of some, that they dare doe it, see here the House of Commons are taxed, that they have sat five yeats, just foure more then was intended: why then it should seeme to me, that these men thought at once to throw downe and set up to extirpate and Reforme in one day, or at least in one yeare, as here they seeme to intimate? whereas it is, and will be recorded, a wonder to posteritey, that so glorious a Reformation being so strongly and fervently opposed, should be gained, confirmed, and setting up and in the space of six yeeres. But it is desired, they should publish to the world the good they have done, the Liberty they have gained: Doth not your consciences informe you that they gained it for yee; which some yeares since yee durst not wish to [Editor: illegible word] and whereas you affirme that if a right course at first had been taken the warre had been ended and [Editor: illegible words] and [Editor: illegible word] give your judgement by without [Editor: illegible word] it might have been accomplisht, viz. if a little blood more had bin drawne from the right veyne. At the beginning of this Warre blood was drawne, and too much if it might have been saved with safety; and though Desperate Wounds aske a Desperate Cure, yet to be too sanguine is not good; and if some were spared that deserved death, Lenity shall be rewarded, if used with a good intent: but I see your choller rageth within you, that one was exempted, of which thing I tremble to thinke.

Forsake and utterly renounce all crafty and subtill intentions, hide not your thoughts from us, and give us encouragement to be open-breasted unto you; Proclaime before-hand what you intend to doe, establishing any thing for the future, and heare all things that can be spoken with or against the same.

Now is held forth in each hand full cups both of sweet water and bitter, first the House of Commons is advised to renounce all crafty and subtle intentions, I told you before, whatsoever they conclude on to the prejudice of the Subject, they surely detract from themselves; and then insinuation is used, and the utter ruine of Parliaments desired, to wit, when they wish the House not to hide their thoughts from them, but to give them encouragement to be open-breasted to them, meaning that they should in all matters use their advice; which thing, if assented to, what prejudice it would be, what inconveniencies would thereby be occasioned, let the Reader judge? And without doubt the penner of this Remonstrance was an Anabaptist, as may appeare by the ensuing words; Proclaime before-hand what yet intend to doe, establishing any thing for the future and heare any thing that can be spoken with or against the same: What hurly-burly would be amongst the multitude of Weavers and Mechanicks, sitting in counsell together, about State affaires, while they argue pro and con O madnesse! shall the supreame Councell, Decree, Order, and Ratifie, and then come and desire your advice; Doth not your folly shame you, and your ignorance cause you to blush?

Now if you shall conscionably perform your trust, then wee shall not doubt to be made* Free-men, and become a Just, Plenteous, and Powerfull Nation, all that is lost will be forgotten, and wee shall yet have cause to rejoyce, in your Wisdomes and Fidelities.

Ye are a people, that if a Flye fall in your dish, you will unadvisedly cast away the whole messe of meat, though for hunger yee afterwards pine: It is apparent to all the world, that the Parliament have conscionably performed their duty; now performe ye yours also, which is, first to give thankes to God for his great mercies, and then to shew your affection and hearty love to the Instruments of his Glory: And whereas you say that if your desires were fulfilled, then being absolute Free-men, you should in time become a Just, Plentious and powerfull Nation: You intimate in saying (wee) the desires of the whole Nation, wherey your unparalel’d presumption is manifest; How dare ye, being but a part of a part, if a part at all, taxe, direct, and advise the High Court of Parliament? and not contented to expresse your ungratefulnesse to your preservers, you would involve the whole Kingdome also in your Labyrinth of errours; and for your owne parts, had ye your wish in all things, it were impossible thereby that yee should become plenteous or potent; for if in a time of trouble and calamity, when yee expected each day to be ruinared, yee demeaned your selves wickedly against God and your Magistrates, would yee not be farre worse, having your wish, and living at case? mans nature being more apt to bee* insnared by the fruits of Prosperity and joy, then by the frownes of* sorrow.

The Author of this Libell concludeth like a Saint, having railed before like a Fury, and for their more powerfull efficacie, the useth the words of Samuel.

Proscript.

Moreover, as for me, God forbid that I should sin against the Lord in ceasing to pray for you, but I would teach you the good, and the right way, onely feare the Lord and serve him in truth, with all your heart, consider what great things he hath done for you, but if yee still doe wickedly, yee shall be consumed, both ye and your King.

But know Sir,

That the righteousnesse of the upright shall deliver them, but transgressors shall be taken in their owne share, Prov.

Jmprimatur, Joh. Downame.

T.73 (3.14) William Walwyn, A Prediction of Mr. Edwards (11 August 1646).

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Bibliographical Information

ID Number

T.73 [1646.08.11] (3.14) William Walwyn, A Prediction of Mr. Edwards. His Conversion, and Recantation (11 August 1646)

Full title

William Walwyn, A Prediction of Mr. Edwards. His Conversion, and Recantation. By William Walwyn.
London. Printed by T.P. for G. Whittington and N. Brookes, at the signe of the Angell in Cornhill, below the Exchange. 1646.

Estimated date of publication

11 August 1646.

Thomason Tracts Catalog information

TT1, p. 457; E. 1184. (5.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

There hath of late so much labour, and so many good discourses beene bestowed upon Mr. Edwards, and with so pious and good intentions, that it is not to be supposed, so many precious endevours can be vaine or fruitlesse, in reference to his conversion.

In cases so desperate as his, the worst signes are the best; as wee use to say, when things are at the worst, they are nearest to an amendment.

To an impartiall judgement, that seriously considers the violence of his spirit, manifested against harmelesse, well-meaning people, that differ with him in judgement: He cannot but seeme, at best, in that wretched condition, that Paul was in, when hee breathed out threatnings and slaughter, against the disciples of the Lord; and went unto the High Priest, and desired of him letters to Damascus, to the Synagogues, that if he found any of this way, whether they were men or women, he might bring them bound unto Jerusalem.

For certainly, had not Authority, in these our times, being endowed with much more true Christian wisdome then such teachers, and through the power thereof, had not restrained the bitternesse of his (and the like) spirits: we had had (before this time) multitudes of both men and women, brought from all parts of this Nation, bound, unto London, if not burned in Smithfield.

But many there are, that feare, his condition is much more sad, and desperate, then this of Pauls, (which yet the blessed Apostle was much troubled to thinke on, long after his conversion, accompting himselfe as one borne out of due time, and not worthy the name of an Apostle, because he persecuted the Church of God.) It being exceedingly feared that in all his unchristian writings, preachings, and endevours, to provoke Authority against conscientious people, that therein he goeth against the light of his owne conscience, that he is properly an Heretique, one that is subverted and sinneth, being condemned of himselfe.

And indeed, who ever shall consider, the exceeding Light that hath been darted from so many Seraphick Quills, shining round about him; amidst his persecuting intentions, (all which he hath hitherto resisted) will find and confesse; there is cause to feare: So great a shining and a burning light, that it cannot be doubted, but that hee discerneth, how unreasonable a thing it is, that one erring man should compell or comptroule another mans practice, in things supernaturall: or that any lawes should be made for punishing of mis-apprehentions therein, wherein thousands are as liable to be mistaken; as one single person.

He must needs know, that, only things naturall and rationall are properly subject unto government: And that things supernaturall, such as in Religion are distinguished by the title of things divine; such, as the benefit and use thereof, could never have beene perceived by the light of nature and reason: that such things are not liable to any compulsive government, but that therein every one ought to be fully perswaded in their owne minds; because whatsoever is not of faith is sinne.

He cannot be ignorant, how disputable all the parts of Divinity are amongst the most learned, how then can he judge it so horrible a thing as he seems to doe, for men to differ, though upon the highest points: he knowes every one is bound to try all things, the unlearned as well as the learned: now if there be different understandings, some weaker and some stronger, (as there are) how is it possible but there will (upon every tryall) be difference in degrees of apprehensions: and surely he will not say that weaknesse of understanding is sinfull where there is due endevour after knowledge: and though it should be sinfull in the sight of a pure God, yet will he not say it is punishable, by impure and erronious man: But,

To rayle revile, reproch, backbite, slander, or to despise men and women, for their weaknesses: their meanes of trades and callings, or poverty, is so evidently against the rule of Christ and his Apostles, that he cannot but condemne himselfe herein: his understanding is so great, and he is so well read in Scripture, that he must needs acknowledge, these cannot stand with Love: that knowne and undisputable Rule.

Insomuch, as if bad signes in so desperate a case as his is, are the best, surely he is not farre from his recovery and conversion.

With God there is mercy, his mercyes are above all his workes, his delight is in shewing mercy: and the Apostle tells us where sinne hath abounded grace (or love) hath super-abounded: O that he would stand still a while, and consider the love of Christ, that he would throw by his imbittered pen, lock himselfe close in his study, draw his curteines, and sit downe but two houres, and seriously, sadly, and searchingly lay to heart, the things he hath said and done, against a people whom he knoweth, desire to honour God: and withal to bear in mind the infinite mercy of God, that where sin hath abounded, grace hath over abounded: certainly it could not but work him into the greatest and most burning extremity that ever poor perplexed man was in, such an extremity as generally proves Gods opportunity, to cast his aboundant grace so plentifully into the distressed soule, as in an instant burnes and consumes all earthly passions, and corrupt affections, and in stead thereof fills the soule with love, which instantly refineth and changeth the worst of men, into the best of men.

May this be the happy end of his unhappy labours: it is the hearty desire of those whom he hath hitherto hated, and most dispitefully used; (nothing is to hard for God) it will occasion joy in Heaven, and both joy and peace in earth, you shal then see him a man composed of all those opinions he hath so much reviled: an Independent: so far as to allow every man to be fully perswaded in his owne mind, and to molest no man for worshiping God according to his conscience.

A Brownist: so far, as to separate from all those that preach for filthy lucre: An Anabaptist: so far, at least, as to be rebaptised in a floud of his owne true repentant teares: A seeker: in seeking occasion, how to doe good unto all men, without respect of persons or opinions: he will be wholly incorporate into the Family of love, of true Christian love, that covereth a multitude of evils: that suffereth long, and is kind, envieth not, vanteth not it selfe, is not puffed up, doth not behave it selfe unseemly, seeketh not her owne, is not easily provoked &c. And then: you may expect him to breake forth and publish to the world, this or the like recantation.

Where have I been! Into what strange and uncouth pathes have I run my self! I have long time walked in the counsell of the ungodly, stood in the way of sinners, and too too long sate in the seat of the scornful!

O vile man, what have I done? Abominable it is!

O wretched man, how have I sinned against God! It shameth me: It repenteth me: My spirit is confounded within me.

I have committed evils, of a new and unparalelled nature, such as the Protestant Religion in all after-ages will be shamed of. For I have published in print to the view of all men the names of divers godly well affected persons, and reproached them as grand Impostors, Blasphemers, Heretiques and Schismatiques, without ever speaking with them my seife.

And though I am conscious to my selfe, of many weaknesses, and much error, and cannot deny, but I may be mistaken in those things, wherein, at present I am very confident, yet have I most presumptuously and arrogantly, assumed to my selfe, a power of judging, and censuring all judgements, opinions, and wayes of worship (except my owne) to bee either damnable, hereticall, schismaticall, or dangerous: And though I have seene and condemned the evill of it in the Bishops and Prelates, yet (as they) have I reviled & reproached them, under the common nicknames of Brownists, Independents, Anabaptists, Antinomians, Seekers, and the like: of purpose to make them odious to Authority, and all sorts of men: whereby I have wrought very much trouble to many of them, in all parts throughout this Nation; and have caused great disaffection in Families, Cities and Counties, for difference in judgement, (which I ought not to have done) Irritating and provoking one against an other, to the dissolving of all civill and naturall relations, and as much as in me lay, inciting and animating to the extirpation and utter ruine one of another, in so much as the whole Land (by my unhappy meanes, more then any others) is become a Nation of quarrels, distractions, and divisions, our Cities, Cities of strife, slander, and backbiting; by occasion whereof, both our counsell and strength faileth, and all the godly party in the Land, are now more liable to abuse and danger, whether they are Presbyterians, Independents, or others, then they have been since the beginning of this Parliament; though many of them are so blinded by my writings and discourses, and so perverted in their understandings that they cannot discerne it: And wherefore I have done all this, O Lord God thou knowest, and I tremble to remember, for I have done it out of the pride and vanity of my owne mind, out of disdaine, that plaine unlearned men should seeke for knowledge any other way then as they are directed by us that are learned: out of base feare, if they should fall to teach one another, that wee should lose our honour, and be no longer esteemed as Gods Clergy, or Ministers Jure divino; or that we should lose our domination in being sole judges of doctrine and discipline, whereby our predecessours have over ruled States and Kingdomes.

O lastly, that we should lose our profits and plentious maintenance by Tithes, offerings, &c. which our predecessours (the Clergie) for many ages have enjoyed as their proper right, and not at the good will of the owners, or the donation of humane authority: All this I saw comming in with that liberty, which plaine men tooke, to try and examine all things; and therefore being overcome with selfe-respect, and not being able to withstand so strong temptations, being also then filled with a kind of knowledge that puffeth up: I betooke my selfe to that unhappy worke, to make all men odious, that, either directly, or by consequence, did any thing towards the subversion of our glory, power, or profit.

In doing whereof: what wayes and means I have taken for intelligence: What treachery, inhumanity, and breach of hospitality, I have countenanced and encouraged; my conscience too sadly tels me, and my unhappy bookes (if duly weighed) will to my shame discover.

The most knowing, judicious, understanding men that opposed me, or my interest, I knew were those, that did and could most prejudice our cause; and therefore I set my selfe against them in a more speciall manner, labouring by any meanes to make them odious to all societies, that so they might not be credited in any thing they spake.

The truth is: In this my perverse and sad condition, whilst I stood for maintenance of my corrupt interest, it was impossible for me, truly to love a judicious or an enquiring man: I loved none, but superstitious or ignorant people, for which such I could perswade, and over such I could bear rule: such would pay whatsoever I demanded, and do whatever I required: they spake as I spake, commended what I approved, &c reproached, as I reproached: I could make them run point-blanck against Authority, or fly in the face of any man, for these took me really for one of Gods Clergie, admired my parts and learning, as gifts of the Holy Ghost, and beleeved my erring Sermons to be the very word of God; willingly submitted their consciences and religion to my guidance.

Whilst (as indeed it is) an understanding enquiring man, studious in the Scriptures, instantly discerneth me to be but as other laymen, and findeth our learning to be but like other things that are the effects of study and industry, and that our preachings are like any other mens discourses, liable to errours and mistakings, and are not the very Word of God, but our apprehensions drawne from the Word.

I confesse now most willingly to my owne shame, that there was nothing which I conceived effectuall, to work upon the superstitious or ignorant, but I made use thereof as the Prelats had don before me, yea I strictly observed order in such things as few men consider, & yet are very powerful in the minds of many; as the wearing of my Cloak of at least a Clergy-mans length, my Hat of a due breadth and bignesse, both for brim and crown, somewhat different from lay men, my band also of a peculiar straine, and my clothes all black, I would not have worne a coloured sute at any rate, that I thought enough to betray all, nor any triming on my black, as being unsutable to a Divines habit.

I had a care to be sadder in countenance and more sollernne in discourse because it was the custom of a Clergy man, this I did though I knew very well the Apostles of Christ, used no such vaine distinctions, but being not indeed unlike other men, through any endowments from on high, or power of miracles, and yet resolving to maintayn a distinction, (being unable to do it by any thing substantiall, I concluded it must be done (as it long time had been, both in the Romish and Prelatique Church) even by vain and Fantastick distinctions, such as clothes and other formalities; and though I knew full well, that God was no respecter of persons, and that he made not choise of the great, or learned men of the world, to be his Prophets and publishers of the Gospel: but Heards-men, Fisher-men Tentmakers Tollgatherers, &c. and that our Blessed Saviour thought it no disparagement to be reputed the Sonne of a Carpenter: yet have I most unworthily reviled and reproached, divers sorts of honest Tradesmen, and other usefull laborious people, for endevouring to preach and to instruct those that willingly would be instructed by them, tearming them illiterate Mechanicks, Heriticks, and Scismaticks, meerly because I would not have my superstitious friends, to give any eare or regard unto them.

And for these respects, have I magnified our publique Churches or meeting places, and reproached and cryed out upon all preachings in private houses, calling them conventicles and using all endevours, to make all such private meetings liable to that Statute that was enacted, and provided to restraine and avoyd all secret plotings against the civill government, when in the meane time I knew the scriptures plainly shewed, both by the precepts and practices of our Saviour and his Apostles, that all places are indifferent, whether in the mountaine or in the fields, on the water, in the ship, or on the shore, in the Synagogues Or, privat houses, in an upper or low-roome; all is one, they went preaching the Gospell from house to house. Not in Jerusalem, nor in this mountaine, but in every place he that lifteth up pure hands is accepted. Wheresoever two or three are gathered together in my name, there (saith our Saviour) I will be in the widest of them, all this I knew: yet, because the superstitious were (through long custom) zealous of the publique places, I applyed my selfe therein, to their humors and my owne ends, and did what I could to make all other places odious and ridiculous: though now I seriously acknowledge, that a plaine discreet man in a privat house, or field, in his ordinary apparell, speaking to plaine people (like himseife) such things as he conceiveth requisit for their knowledge, out of the word of God, doth as much (if not more) resemble the way of Christ and the manner of the Apostles, as a learned man in a carved pulpet, in his neate and black formalities, in a stately, high, and stone-built Church, speaking to an audience, much more glorious and richly clad, then most Christians mentioned in the Scriptures: and may be as acceptable. I have most miserably deluded the world therein, and those most with whom I have beene most familiar, and have thereby drawne off their thoughts from a consideration of such things as tended to love, peace and joy in the Holy Ghost, to such things as tended neither to their owne good nor the good, of others. I have beene wise in my own eyes, and despised others, but I must abandon all, I must become a foole that I may bee wise, hitherto I have promoted a meere Clergy Religion, but true Christian religion; pure religion and undefiled I have utterly neglected: I have wrested the covenant from its naturall and proper meaning, to make use thereof for the establishment of such a Church government, as would maintaine the power of the Clergy distinct from and above the power of Parliaments, and such as would have given full power to suppresse and crush all our opposers, but I now blesse God, the wisdom of Parliament discerned and prevented it.

I have been too cruel and hard hearted against men for erors in religion, or knowledge supematurall, though I my selfe have no infallible spirit to discern between truth and erors, yea though I have seene them so zealous & conscientious in their judgments (as to be ready to give up their lives for the truth thereof) yet have I (as the Bishops were wont) argued them of obstinacy, and in stead of taking a christian-like way to convert them, have without mercy censured, some of them worthy of imprisonments, and some of death, but I would not be so used, nor have I done therein as I would be done unto my selfe.

I have beene a great respecter of persons, for outward respects, the man in Fine rayment, and with the gold ring, I have ever prefered whilst the poore and needy have beene low in my esteeme.

I have too much loved greetings in the market place, and the uppermost places at feasts, and to be called Rabby.

And to fill up the measure of my iniquity: I have had no compassion on tender consciences, but have wrought them all the trouble cruelty and misery I could, and had done much more but that through the goodnesse of God, the present authority was too just and pious to second my unchristian endevours: My mercifull Saviour would not breake the brused reed, nor quench the smokeing flax, but my hard heart hath done it. O that I had not quenched, that I had not resisted the Spirit, what fruit have I of those things whereof I am now ashamed; 0 how fowle I am, and filthy, yea how naked and all-uncovered, my hidden sinne lyes open, I see it, and the shame of it, and how fowie it is; and the sight of it grieveth and exceedingly troubleth me. I would faine hide my selfe from mine owne sinne, but cannot; it pursueth me, it cleaveth unto me, it stands ever before me and I am made to possesse my sinne, though it be grievous and loathsome and abominable and filthy above all that I can speake, what shall I doe? whither shall I fly? who can deliver me from this body of death? my spirit is so wounded I am not able to beare: Can there be mercy for me? can there be balme for my wounded spirit, that never had compassion on a tender conscience? my case is sad and misserable, but there is balme in Gilead: with God there is mercy: with him is plenteous redemption, I will therefore goe to my Father and say unto him. Father I have sinned against Heaven and against thee, I am not worthy to be called thy child, make me as one of thine hired servants, I will faithefully apply my selfe to thy will, and to the study of thy Commandements, yea I will both study and put in practice thy new commandement, which is love, I will redeem the time I have mispent: love will help me, for God is love, the love of Christ will constraine me, through love I shall be enabled to doe all things, should I not love him that hath loved me, and shewed mercy unto me, for so many thousand sinnes, shall not his kindnesse beget kindnesse in me, yes love hath filled me with love, so let me eate, and so let me drinke, for ever, love is good and seeketh the good of all men, it helpeth and hurteth not, it blesseth, it teacheth, it feedeth, it clotheth, it delivereth the captive, & setteth the oppressed free, it breakes not the brused reed, nor quencheth the smokeing flaxe, farewell for ever all old things, as pride envy coveteousnesse reviling, and the like, and welcome love, that maketh all things new, even so let love possesse me, let love dwell in me, and me in love, and when I have finished my dayes in peace, and my yeares in rest, I shall rest in peace, and I shall dwell with love, that have dwelt in love.

May his meditations hence-forward, and his latter end be like unto this, or more exellent and Heavenly, which is all the harme I wish unto him, as haveing through Gods mercy, in some measure, learned that worthy and Heavenly lesson of my Saviour, But I say unto you, love your enemies etc. and may all that love the Lord Jesus, increase therein.

FINIS
July 22. 1646
. Imprimatur, JOHN BACHILER

T.74 (3.15) [John Lilburne], Liberty Vindicated against Slavery (21 August 1646).

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T.74 [1646.08.21] (3.15) [John Lilburne], Liberty Vindicated against Slavery (21 August 1646).

Full title

[John Lilburne], Liberty Vindicated against Slavery. Shewing, that Imprisonment for Debt, refusing to answer Interrogatories, long imprisonment, though for just causes. Abuse of Prisons, and cruell Extortion of Prison-keepers, are all destructive to the fundamentall Laws and common Freedomes of the people. Published for the use of all the Free-borne of England, whom it equally concernes, by occasion of the House of Lords commitment of Lieut. Col. John Lilburn, close prisoner, first to New-gate, and next to the Tower. By a lover of his Country, and sufferer for the Common Liberty.

Reade Isaiah 58.4.6. and Neb. 9.1.5.8.9.11.12.13.

Printed in the yeare 1646.

Estimated date of publication

21 August 1646.

Thomason Tracts Catalog information

TT1, p. 459; E. 351. (2.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

SIR Edward Cook in his Proeme to his second part of Institutes or Exposition upon Magna Charta, sheweth, how it is called Magna Charta, not that it is great in quantity, there being many voluminous Charters commonly passed longer then it is, nor comparatively, in respect it is greater then Charta de Foresta: But in respect of the great importance and weightinesse of the matter it containeth, and for the same cause, Charta de Foresta, is called Magna Charta de Foresta, and both of them are called Magna Charta Libertarum Anglia; The great Charters of the Liberties of England: So as of this great Charter it may be truly said, that it is magnum in parto, much in little, and the Reasons (saith this learned Lawyer) why it is called Libertatum Regni, The Charter of the Liberties of England from the effect, Quia liberos facit, It makes us Free-men, and for the same cause it is called (comunis libertas, common liberty) and Le charter des franchises, There he sheweth how in the ninth yeare of Hen. the 3. by his Charter bearing date the eleventh of February, and by Parliament, this Magna Charta was established; also, in the 25. Edw 1. where, by Act of Parliament it was ordained, that both the said Charters should be sent, (under the great Seale) as well to the Justices of the Forest, as to others, and to all Sheriffes, and to all other the Kings Officers. To all the Cities thorow the Realme, and that the same Charters should be sent to all the Cathedrall Churches to bee read and published in every Country foure times in the yeare in a full County. The 25. of E.1.chap.3. The 28. of Ed.1.chap.2 and 17.

But that these Liberties and Franchises were not of Grace and donation, but of Right and Inheritance: There this experienced and honest Lawyer tels us, how it was (for the most part) but declaratory of the principall grounds of the fundamentall Lawes of England, and that it was no new Declaration, for King John had granted the like, which was called Magna Charta (as appeareth by Record) before this great Charter made by King Hen.3. Marth. Par. fol. 246. 247. 248. And by the aforesaid Act of the 25. of Edw.1. (called Confirmatio Chartarum) it is adjudged in Parliament that this great Charter should be taken as the Common Law. After the making of Magna Charta, diverse learned men in the Lawes, kept Schooles of the Law within the City of London, and taught all such as resorted unto them. The Lawes of this Realme alwayes then taking Magna Charta for their foundation Parl. Rot claus. 19. of Hen.3.

And albeit (as Sir Edward Cooke well observeth) Judgements in the Kings Courts bee of high regard in the Law, and judiciall Judgements bee accompted Juris dicta (words of the Law) yet it is provided by Act of Parliament, that if any Judgement be given contrary to any of the points of Magna charta by any of the Justices, or by any other of the Kings Ministers, &c. it shall be undone and holden for nought, confirma. charta. 25. Edw.3. chap 1 & 2.

The highest and most binding Laws, are the several Statutes established by Parliament, yet by authority of that highest Court, It is inacted (only to shew their tender care of Magna charta, or rather, The English-mans liberty) that if any Statute be made contrary to the great Charter (that is, against our just liberty) the same shall be holden for null (or nothing) by which words all former Statutes made against the Great charter were Repealed, as appeareth by 42. of Edw.3 chap. 1. And the Nobles and great Officers were to sweare (and did so) to the due observation of Magna charta, Magna suit quondam magna Reverentia charta, In such high and great esteeme was Magna charta, The charter of the Peoples liberty: neither Prerogative not any other Priviledge, was, or could be pleaded or holden out against Magna charta, (nor justly to this day, and at this time, if true Justice could once get its place and right, before Arbitrary Power) according to that ancient maxime of the Common Law. Le comon ley no tielment ad measure les Perogatives le Roy que ils ne tollerent ne prejudicent, la Inheritance de ascun.

The Common Law hath so admeasured the prerogatives of the King, that these should not take away nor prejudice the Inheritance of any, and the best Inheritance that the Subject hath is the law of the Realme: This our Inheritance in Magna charta, as also the Statute of the 42 of Ed.3.c.4. are both confirmed (to us the Commons of England) by the Petition of Right in the third of King Charles, and also by the Statute made this present Parliament for the abolishing of the Court of Star-chamber, in the 17 King Charles: This being so perspicuous and cleare, the question now is, Whether we the Free-men of England, may not, or ought not now of right, to expect and claime the benefit of the same (having subdued the common enemies of the Kingdome, and open oppugners and violaters of our Lawes and just Liberties) after so much treasure spent, and so much blood shed for defence and preservation of our Lawes and just liberties, if any doubt, Let the whole world consider, and judge. Notwithstanding all this:

Such are the incroachments, oppressions and great exactions upon our liberties, by some Ministers of State (by reason of frequent commitments and imprisonments, for contempts and other triviall matters, as that they are become insupportable, and justly to be numbred amongst the greatest of grievances in the Kingdome, I will forbeare to speake of the indirect practises, dilatory proceedings & the exorbitant Fees of the Courts Judiciall, because the same will require a particular Tractate, I will only here in some measure (as yet) discover but only some of the cruelties, extortions, exactions, depredations and basenesse of Iaylers and keepers of prisons.

In the first place, we are to consider, what Fees the Lawes allow unto Gaolers and Prison keepers, secondly, how prisoners are to be used whilst they are under custody. Thirdly, how long Prisoners are to be detained in prison, and in the last place what fees and rewards are taken and extorted from prisoners, and how prisoners have been and are used (or rather abused) with the sundry evils and cruelties accompanying the same.

Touching fees and rewards by the common Law, we find that no Sheriffe Coroner, Gaoler or other of the Kings Ministers, ought to take any reward for doing of his office, but only of the King, and this appeareth by the ancient bookes of the Law, Magna Charta, Chap.35: Mirro.cap.2. Sect.5. Britton lib.3 6 Flet.sip 1. cap.ca 18 & Fortescue cap.24. saith vicecomes Iurabit super Sancta dei Evangelii inter alios articulos quod non recipiet aliquid colore aut causa officii sui ab aliquo alio quam Rege, that is, The Sheriffe shall sweare (amongst other articles) that he shall not take any thing (under colour or in respect of his office) of any man, but only of the King, and by west the 1. cap.26, a penalty is added, the words of the statute are these, No Sheriffe not other the Kings officer shall take any reward to doe his office, but what they take shall be of the King, and he that doth transgresse, shall yeeld twice so much and shall be punished at the Kings pleasure.3. of Edw.1 cat 26.

Under these words, Officer of the King (saith Cooke) the Law beginning with Null viscount (no Sherife) are understood Escheaters Coroners, Bayliffes, Gaolors, the Kings Clearke of the Market, Aulnager, and other inferiour minuters and officers of the King, whose offices doe any way concerne the administration or execution of justice, for the common good of the Subjects; or for the Kings service, who shall not take any reward, for any matter touching their offices (but of the King) and some doe hold that the Kings Herraulds are within this Act, for that they are the Kings ministers and were long before this Statute, Cooke Instit. 2.patt.fol.209.

But if any in favour of Gaolors, or other such like officers, (whether the Serjeant at Arms or his Servants (called Messengers) or that great officer of state, the Lieutenant of the Tower, or his substitutes) shall alledge, that what fees or other rewards they take, whether as fees peculiar to their office, chamber-rent or otherwise, the same either by prescription warrantable, or by some order from the Lords of the Councel-table or decree of the Star-chamber, or by some latter Statutes yet unrepealed, all which severall allegations are easily answered, for first of all, no Shrieffe or other officer, can prescribe for any fee or reward, for doing of his office. See the 42 of Ed.3. fol.3. fol.5. And the 21 of Hen.7 fol.17.

For the Councel-table, Star-chamber, and Judges, their incroachments upon the just liberties and rights of the people, their exorbitant and unlimited power by them exercised, and illegality of their proceedings, are not unknowne to all men, and by an Act of this present Parliament (17 Carol.) the Counceltable is limited and restrained, from intermedling in causes of private interest, touching the free-holds, or the ground, or libertie of any mans person, the Star-chamber utterly abrogated and abolished; and as their proceedings, decrees and commitments, were tyranous, oppressing and illegall, to the inslaving of the people (being the cause and ground of their restriction and taking away) Their orders and tables for fees, granted to the Gaolors, be as unjust, illegall and oppressing the people.

So in like manner I doubt not but that these extorting, barbarous and murthering Gaolors, and all other ministers of State, who make their rise and fortunes, by the ruines and spoylings of the people, and as they tread in the steppes of their predecessours (and rather exceed them in iniquity) so shall they run into the same destruction, for as the overflowing of water doe at length make the river loose its proper channell, so those that seeke to extend their power be yond their bounds, have ever hitherto lost not only their powers by them usurped, but often even that also which by right belonged unto them.

For the Statutes which seemes to favour such, can no way warrant these their abominable exactions, the fees being very smal and inconsiderable which these latter Statutes give, so the same will rather condemne then justifie them in these their cruell extortions.

Besides it is to be considered, that all Statutes and lawes are Null and void, which are or do any wayes tend to the infringing of the peoples rights and liberties, being repugnant and contrary to Magna charta, so often confirmed, though seldome or never observed or kept, the neglect whereof, and the suffering of the violators thereof to passe unpunished, have been the causes of great troubles to the Kingdome, in these and former times, and without their follow some speedy amendment thereof, and punishment to the breakers and abusers of this great Charter of liberty; nothing can be expected but confusion and unavoidable ruine upon this Kingdome, being by the sword already so much wasted, and by these and the like grievious oppressions, made to be a People in meere Bondage and slavery; most worthy therefore of consideration. Is the observation, which Sir Edward Cooke hath made touching this poynt, how that the alteration of any of those maximes of the common Law is most dangerous, for while (saith he) Sheriffes, Escheaters, coroners & other ministers of the King, whose offices any wayes concerne the administration of execution of justice, or the good of (t)he common-wealth, could take no fee at all for doing their office, but of the King, then had they no colour to exact any thing of the subjects, who knew that they ought to take nothing of them, but when some act changing the rule of the common law, gave to the said Ministers of the King, fees in some partciular cases, to be taken of the Subjects; whereas before, without any fees taken at all their office was done; but now (to our grief be it spoken) their is no office at all done by any without taking, and extorting it is incredible to relate what extortions have thereupon ensued: So dangerous a thing it is for to shake or alter any of the rules, or fundamentall points of the common Law, which in truth are the maine pillars and supports of the fabrick of the Common-wealth: Cook a part Insti. upon Magna Charta c.35. the 1. West c.26.

How Prisoners are to be treated and used whilst they be continued in prison, and in custody of the Law.

Wee are to consider that the Law of England, is a Law of mercy (as Sir Edward Cooke saith) in his a part of Institute, fol.28. And prisons are ordayned not for destruction, but for securing of mens persons, untill they be brought forth unto due and speedy tryall; and therefore are to be humanely and in all civility ordered and used; otherwise Gaolers are not keepers, but tormentors and executioners of men untried, uncondemned, and this were not (Salvo custodie) to keep men in safety, which the Law implyes, but (Discruere) to destroy before the time, which the Law abhorres.

If so then wickednesse should be established by a Law, and our judicatories and proceedings would be worse and more wicked, then the damnable and damned proceedings of the judge of hell, notably described by the philosophicall Poet.

Gnocious hic Radamanthus habet durissima Regna castigatque auditque dolos Subigstque; faceris,

And in another place, Legis Fixit precio atque refixit.

First he punisheth, then he heareth, and lastly compelleth to confesse, and make and marre Lawes at his pleasure: But good Judges and Justices abhorre such Courts, saith learned Cooke.

Although by Law a man ought not to go out of prison, or abroad though with a keeper, and with leave, for he is to be kept in Salua et arcla custodia in safe and restrained custody; but yet imprisonment must be (custodia non pena) a keeping only for the bringing unto tryall and judgement, but not a punishment or place or execution; for a prison ought not to be imployed for punishing, but for the safe keeping of men; see Cooke f. part Institutes fol 260.

And that prisoners may be the more honestly and carefully provided for, and the better and more civilly vsed, and to the end that Gaolers and Keepers of Prisons should not have any colour or excuse, for exacting anything from prisoners, who are in custody of the Law; it is provided by the Law, that all Prisons and Gaolers be the Kings for the publique, good to be made, repaired, furnished with all fitting accomodation, as beds, candlesticks, basons and chamber pots with other things needfull, at the Kings and publiques charge, as appeareth by the 11. of E.2.det. 172: the 13 E. 3. Bar. 153: 27 of Assi. 27. the 8. of He. 4. 18. the 20. of Ed. 4. 5. Brit. 72. And therefore are they called the Kings, or the Common prisons. the 5. of E. 4. chap. 10.

And Sir. Edward Cooke in his second part of Insti. fol. 589. saith thus, Albeit divers Lords of liberties, have custody of some Prisons, and some in fee, yet the Prison it selfe is the Kings, par bono Publico, and therefore it is to be repayred at the common charge, for no subject can have the Prison it selfe, but only the King; by all which it appeareth, that whatsoever is taken of any prisoner, under what colour or presence soever, whether the same be called fees, or chamber rent, is most unduely and unjustly extorted.

For which their severall extortions and exactions, these keepers of prisons within this Kingdome, being lawfully convicted thereof, ought not only to forfeit and loose their Gaole offices, but likewise to be most severely punished & made exemplary & a warning to all such as shall succeed in their place, from presuming to wrong the poore prisoners in their persons, or in any thing belonging to them, as some poore prisoners of late have been in the Prisons of Kings Bench, the Fleet and Newgate, wher some have been robbed, beaten, put into Iron boults, draged out of their beds at unseasonable times of the night, thrust into dungeons, starved, and also murthered, yea some also lamed by Iron Fetters, and some hanged before day, as appeareth by those articles exhibited to the house of Lords in the yeare 1641 and proved by more then thirty witnesses, who signed the said Articles with their severall names, (if produced) besides those lately exhibited to the Committee of Examination, against Sir Iohn Lenthall, Thomas Dutson and others.

But alas how miserable is the present inslaved condition of this Nation, where the gaolors (being thus supported) rore like Lyons, devoure like Tygers, ravine like Wolves, and like Beares crush the Prisoner under their feet; and yet poore men they dare not exhibit theire complaints, if exhibited, yet thou both they and their complaints extreamly slighted, the Gaoler thereby Imboldened to persist in his cruelty, and thus by seeking remedy, their miserable sufferings are augmented, and their wives and children thereby exposed to all the misery that tyrany can invent, we looked for prosperity and justice, but behould misery and oppression, for liberty, but behould thraldom, vayled by faire promises, although never people have done more for the recovery of their liberties then wee have done, nor never were there any people that have been (by so many Oathes, protestations, covenants, and declarations) fairlyer promised and more assured of the fruition and Injoyment of the benefit of our good Lawes then we have been for almost five yeares past, yea though the Law of England be a Law of mercy, yet is it now turned into a shadow, and it may be said of Magna charta, and the Englishmans liberty (for which we have fought so long, and adventured all) as Cicero said of Romes Senate, Habemus quidem senatum se intabulis reconditium & tarquam gladium in vagnia, we have indeed a Senate but in shew, and as a woodden sword in a skabbard, and may not that free speech of Isabella, Countesse of Arrundell, unto King Henry the third, be fitly applyed to these times, I could with poore prisoners and suters had no cause to say the like of the Parliament of England the Countesse moving the King about a Ward detained from her, the king in turning away from her gave her a harsh answer thereupon, her words were these unto the King, viz. My Lord, why turne you away your face from Justice, that we can obtaine no right in your court? You are constituted between God and us, but neither you governe your selfe nor us discreetly as you ought to doe, you shamefully vex both Church and Nobles of the Kingdom by all the meanes you can.

It seemeth the Lords were then lovers of Justice and Law, (Oh, would it were so now;) to which speech the King then disdainfully replyed, saying, Lady Countesse, have the Lords made you a charter and sent you (for that you are an elloquent speaker) to be their advocate and Prolocutrix? No Sir (said shee) they have not made any charter to me, but only the charter which your father and you made, and swore so often to observe, and so often extorted from your subjects their money for the same, you unworthily transgresse, as a manifest breaker of your faith, where are the liberties of England so often written, so often granted, so often bought? I (though a woman) and with me all your naturall and faithfull People appeale against you, to the tribunall of that high Iudge above, And Heaven and earth shall be our witnesse, that you have most unjustly dealt with us, and the Lord God of revenge avenge us. Here-with the King disturbed, asked her if shee expected no grace from him being his kinswoman? How shall I said shee, when you deny me my right; I therefore appeale before the face of Christ against all those councellors of powers, who being only greedy of their owne gaine have bewitched you and infatuated you. Mr. Daniel on the life of Henry the third folio. 141.

But I pray you heare your poore prisoner what he saith from his slaughter house. under the cruel custody of his executioner the Gaoler, the prisoner calles for Iustice and expects diliverance from this his slaughter house accordingly, and by the way here also apeareth a poore prisoner for debt, who saith, that by the Lawes of this Realme, he is and ought to be a free man, but is unjustly contrary to the Law made a slave, and cast in prison to be starved or murthered, and with him accordeth Sir Edward Cooke, who saith, when a Subject at the common Law, sueth for execution upon a Iudgment for debt and dammage, he ought not to have the body of the defendant, but onely his goods in execution, unlesse it be in some speciall case, viz. for the Kings debt: And the reason of the same is, that the body in case of debt shou’d not be delayed in Prison, but remaine at liberty, not only to follow his owne affaires and businesses, but also to serve the King and his Country when need should require, nor take away the possession of his lands, for that would hinder his husbandry and tillage, which is so beneficiall to the Common wealth, vide a part of his Institut. folio 344, whereby it appeareth (as formerly hath been said) that the law of England is a Law of mercy, and all our priviledges and liberties are confirmed unto us by Magna charta, chap 29, where it is said, That no man shall be diseased of any of his liberties and free-hold, so the statute of W.st 2 folio 18 the thirteenth of Edw 3. where halfe of a mans land is charged for want of other goods, which doth in a great measure spoile a man of his free-hold contrary to Law, and so is void to that poynt, but if any doubt be made thereof, the same is clearly by a latter Statute which is none other then a confirmation of Magna Charta, and the Liberties of England, I will set downe the very letter of the Statute. viz. Wee will and grant that all men of our Land shall have their Laws, Liberties, and free customs, as largely and wholly as they have used to have the same, when they had them at the best, and if any Statute by us and our ancestors or any customs brought in contrary to them, or any article contained in this present charter, we will and grant that such manner of Statutes and customs shall be void and Frustrate for ever more. The 34. Edw. 1. chap 4.

If it shall be objected, that this Statute is repealed by some latter Lawes & Statutes, whereby not only mens lands may be seised, but likewise their bodies made liable to be Imprisoned for debt or dammage till the same be paid or satisfied, I answer, that these and such like Statutes being Repugnant to Magna charta (or Fundamentall Law of the Realme) by which charter the Commons of England are inabled to convene and sit in Parliament, and being also flatly against the Liberties of the Commons of England, are absolutely void in themselves and no waies binding, because Magna Charta which giveth them their being, is by them brought in diminution and incroachment of the inheritance, right and Priviledges of all the free borne people of this Kingdom and made invallid and of none effect in Law. And yet in the same Parliament the said great Charter was then also ratified and confirmed, I say by the same Parliament which made the said other destructive Lawes, but to cleere all doubtfull questions and controversies.

These latter destructive Statutes (under colour and by vertue wherof many thousands have been imprisoned, murthered, starved and ruined there, their wives and children also destroyed for many yeares together; the said cruelty also still continued and are barbarously practised as ever, upon the free borne people of England) are absolutely void and made of none effect, being now repealed by the late Petion of right, and by the statute made this present Parliament for the abollishing of the Star chamber, in and by both which not only Magna Charta, but this good Law and Statute of the 34. of Edw 1 chap 4 (the same being but a restauration and confirmation of our former priviledges & Liberties) are recited, revived, and fully confirmed, and againe since purchased, redeemed and recovered with no lesse then the blood and precious lives of more then a Milion of true harted and Free-borne English men, so as it must needes be great injustice and wickednesse to withhold us from the injoyment of this our right, liberty, and inheritance, which hath cost so great a price, and all such as are detained and holden in prison for debt ought to be freed and Inlarged, as being illegally and falsly imprisoned contrary to the iust and Fundamentall Lawes of this Kingdom, which the High Court of Parliament as well as other Iudges, Iustices and other Ministers of State are bound and have Sworne to the uttermost of their power to defend and preserve and inviolably to observe the same.

And I have not these our Judges, and Lawyers, as well as others of former times by their Orders, Decrees, Judgements and Executions, for committing and detaining mens bodies for debt, discovered themselves to be Oath breakers, & betrayers of the Law wherewith they are intrusted, whereby their selfe-ends, covetous minds, and by respects are plainly discovered, and their owne private gaine (and flourishing state of Gaolers) Mind but the five yeares delay of the Ordinance for release of Prisoners for Debt, and you may easily smel the Fox-like subtilty of the Lawyer in it. before the precious Liberty and well being of the Commons of England, by them preserved: For which their insolency, they deserve to have inflicted on them, and to under goe, more heavy more Exemplary, and great punishments then those Iudges received, that gave that false Iudgment for shipmony, for by the right of shipmony, a man had but a small part of his goods unjustly taken from him; but by the false Judgement and executions against the bodies of men for debt, Millions of people have been and are spoyled of their credits, callings and Liberties, (which hath beene ever counted the most precious Jewell belonging to the Commons of England) and both them and their wives and children utterly ruined, no provision being made or allowed to the prisoner for food or rayment, if once commited to prison he must then either starve or beg at the grate, nay often times upon the singular displeasure of the Gaolor mewed up in a close roome without any allowance of bread or drinke, For instance the Fleet and Kings-Bench. where beg he cannot, and therefore must inevitably perish (if not by strangers or friends releeved) being by the Gaolor no wayes pitied, but his death rather daily wished and desired, nay to the shame and reproach of this Nation be it spoken, some poore men for debt have been (in a famishing and perishing condition) kept in these prison houses for 10:20, 30, and some 40 yeares together, and as they were and are helplesse so also hopelesse ever to be freed out of prison til by death delivered from under the hand of their cruell extorting Gaolor and his impes of cruelty, such barbarous cruelty, and wilfull murthering of the poore soules, in prison houses for debt, is no where practised or exercised, no not any people so tyrannized ever and subjected to the like misery, oppression and servitude in any nation or Kingdom, throughout all Europe, as is imposed upon the poore spoyled freeborne English-man, yet we justifie these doings and support the instruments of the same, as of late some of us did the Luciferion Prelacie here, as though wickednesse and oppression were established by the Law, and Justice, and mercy, quite swallowed up by tyranny; oh that our Parliament would at length (though late) free this Nation from this unsupportable vassilage & bondage & restore us to our ancient (long lost) Liberties and freedomes, and no longer suffer us thus tyrannously to be wasted and worne out, famished, and starved, and murthered, in these destroying prisons, by long imprisonment, which the Law accounteth most odious and hatefull.

By the statutes of Westminster, the 2. Chap. 29. Anno 13 Edw. 3. it is inacted for the ease and benefit of the subject, that no Writ of trespasse (ad audiendi & terminandi, for hearing and determining)) shall be granted before any Justice, except the Justice of either Bench, and Justice of Oyre, or else if it be for a hainous trespasse where it is necessary to set speedy remedy, and no writ to heare and determine appeale before Justices assigned shall be granted, but in especially case and for a cause certaine, when the King Commandeth, but if the parties appealed or Jndited, be kept long Jmprison, they shall have a Writ of Odio & Atia, like as is declared in Magna Charta and other Statutes, the Law favouring the Liberty and freedom of a man from Jmprisonment and that he should not be long imprisoned, alloweth the Writ Odio & Atia, for Bailing out of prison, though the cause were most odious, and in favour of the Prison, by Magna Charta chap provided that the Prisoner shall have his writ gratis without Fee, without delay or deniall.

And Sir Edward Cooke, upon this Statute of Magna Charta saith, though the offence whereof the prisoner was accused were such as he was not Baileable by Law, yet the Law did so highly hate the long imprisonment of any man, although accused of an odious and haynous crime, that it gave him this writ for releefe, and that there was a meane, by the Common Law before indictment or appeale, to protect the innocent against false accusation Cooke in his 2. part of Institutes Fol 42.

For the prisoners commitment to prison is only to this and that he may be forthcomming, to be speedily and duely tryed according to the Law and Custome of the Realme, nay, the Law hath beene so far from allowance of detaining a man long in prison without due and speedy tryall, that it was resolued in the case of the Abbot of Saint Albons, to have a Gaole, and a Gaole delivery and divers persons were commited to that Gaole, and because the Abbot would not be at cost to make a Gaole deliverance, he therefore detained them in prison a long time without making lawfull deliverance, but the Abbot had for that very cause fore-cited this Franchise seised into the Kings hand, and the Abbot of Crowland had also a Gaole, wherein divers men were imprisoned, and because he detained some that were acquitted, the King seised the Gaole for ever, vide the 8. of Hen. 4. fol. 18. the 20. of Edw fol.6. Cook in his 2 part institute, upon Magna charta, fol.47.

Now that Parliaments should weary and waste men out with long imprisonment, without bringing them to a speedy and due tryall, is neither justifiable, nor hath been accustomed; for the more high and absolute, the jurisdiction of the Court is the more just and honourable it ought to be in the proceedings, and to give example of justice to all other inferiour Courts.

The King being desirous to know of the Iudges, whether a man that was forth-comming might be attainted of high treason by Parliament being never called to his answer, the Iudges answer then was to Sir Thom. Gawdy (sent by the King) that the high Court of Parliament ought to give example to Inferiour Courts, for their proceedings in Iustice, and that no Inferiour Court could doe the like, for by the Statutes of Magna charta chap. 29 the 5, of Edw.3 chap 9 and the 28. of Edw.3.chap.5. no man ought to be condemned without answer; see, part.4.Instit.fol.37, & 38 neither ought any man to be kept in prison without being brought to answer and speedy tryall. Magna charta chap.26. whereby it appeareth what expedition ought to be used for avoyding of long imprisonment, the time of twelve moneths, nay, one moneth was then thought to bee long, therefore the time of seven, ten, or twenty, yeeres imprisonment now usuall, is most barbarous, vile, inhumane, and sathanicall and savours no waies of any Christianity, or of the true knowledge and feare of God; and it is to bee observed, (saith learned sir Edward Cooke) that lex anglia est lex misericordia, the Law of England is a Law of mercy, for three causes, first, for that the innocent shall not bee worne and wasted by long imprisonment, but (as by the Statute of Gloc. chap.9. and by Magna charta, appeareth) speedily to come to tryall.

Secondly, that prisoners for criminall causes, when they are brought to their triall; be humanely dealt withall for, Severos quidem facit justitia inhumanos non facit, justice maketh the Judges severe; and Fleta saith, Cum autem capti in judicio produci debeant non producantur armati sed ut judicium recepturi nec ligati ne videantur respondice coacti, that is, when prisoners are brought forth to judgement, they may not have any weapons about them, but as men to receive judgement of Law, neither ought they to be fettered, lest they seeme to be inforced to answer.

Thirdly, the Judge ought to exhort him to answer without feare, and that justice shall be duely and truly administred unto him, Cooke 2.part Institut fol 315, 316 seeing by the Law, Gaolers and prison keepers are not to take any fee or reward of any prisoners, and seeing Gaoles and prisons be not private or particular mens, but doe properly belong to the common wealth, and so to be maintained at the publique charge, and for that purpose the keepers of the Gaole of Kings Bench and the prison of the Fleet, together with some other prisons have and receive certain severall yearly stipends out of the Exchequer, of the King, as appeareth by their several grants under the great Seale, as also by the antient Records in the Tower.

Seeing then that by the Law, prisoners ought to be well and humanely ordered and used, while they be continued in Prison, and having fully prooved that men ought not to be imprisoned for debt, and how that long imprisonment, is in and by the Law adjudged odious and provided against, we will therefore also take a briefe view of the severall Fees, Extorted and Exacted, by some of these Prison keepers in and about London, and how they use, or rather abuse the poore prisoners under their charge and custody, the Fleet and Kings Bench, being the two prime Common shores into wch all other prisons of England and Wales empty themselves, if due inquisition were made of these alone, it would be found that no lesse then 2000l’ yearly, if not 3000l’ is taken and extorted from poore prisoners, by either of those Gaolers, their Clerks & others their evill minded substitutes, yet have we not seen nor heard of any one Gaoler punished for these their extortions & other their cruelties & misdemeanors (all wch have been complained of by prisoners,) no nor so much as checked for their cruell oppressive practises, since the 1. sessions of this Parliament, which hath so much the more inboldened them and their hellish Impes, to persist in their cruel waies of oppressing, assaulting, beating and robbing the prisoners, tormenting them by iron fetters, starving, and close imprisoning them at their pleasure, requiring also and forceably exacting from the prisoners their illegal Fees, execessive Chamber rents, and other their severall exorbitant, boundlesse, and unlimited demands, or rewards as they please to tearme them, all which severall most grievous (Tollerated) Oppressions and exactions, if exactly particularized, would require a very large volumne,, therefore I purpose only (in briefe) to acquaint you with the inhumanities of Newgate, the cruelties of Kings Bench and with some passages only of the Fleete, and Tower of London (in its due time and place) in the meane time I will only give a touch at their (Lawlesse) high and transcending Fees constantly exacted of prisoners.

Newgate, that vile and infamous Prison, the old Episcopall Slaughter house of many of the deare and precious Saints and servants of Christ, hath and doth to this day retaine its old Malignancy and inveterate malice, as appeareth in their bad usage of that worthy and constant sufferer for his countries liberties, Lieutenant Colonell John Lilburne, and others.

It is not unknowne with what courage and constancie this deserving Gentleman maintained the Kingdomes cause and liberty against the bloody Prelates, Insulting Lords, and Law-betraying Judges of those times, how neither that bloody Censure of the Lords in the Star-chamber, nor the rigorous and cruell execution thereof. Neither all the Barbarous and Salvage usages of James Ingram the Renter Warden of the Fleet, and his bloody substitutes, towards him; whilst hee was kept in the Common Wards of the Fleet, could in the least bring his spirits under, or be brought to stoope to these lofty Cedars and sonnes of Anak but under-went (with all cheerfulnesse) what malice and tyranny could device or inflict upon him: And with an undaunted mind and resolution endured all, withstood all their assaults, and by the assistance of the Almighty overcame all, and lived to see the downfall and confusion of most of those, his oppressours, all which his undaunted resolution will be recorded to all posterities, and may justly reprove our pusilanimity and poverty of spirit in this Generation, who are so fearfull to own themselves, and most regardlesse of their liberties and countries welfare, most men now preferring their owne present ease and wealth, before the future welfare of their posterity and countries Liberty, to whose true valuation all the riches, honours, and promotions of men is not to be compar’d. Oh England seeke after this thy precious Liberty! Breake off this thy Iron band from off thy neck, and bow no more under this yoke of bondage, suffer thy selfe to be no longer lulled asleep in this oppressing cradle of security.

This worthy Gentleman, who may be truly stiled, Liberties Champion, being committed to Newgate by the Committee of Examinations in August 1645, which commitment, being put to the question, the House of Commons approved of, yet after his continuance twelve or thirteene weeks prisoner; No information or charge being brought against him, he was then discharged of his imprisonment, which for the time was to him both grievous and chargeable: This is most certaine, that he hath deserved better from the House of Commons, having formerly adventured his life so freelly for them against Captaine Hide, who drew his sword in Westminster-Hall of purpose to make an uprore; but was by this valiant Gentleman dis-armed, who brought both him and his sword to the House of Commons; but the Sergeant at Armes let the Captaine go, restoring to him his sword, who being no sooner come to the residue of his companions, caused them to draw their swords and fall to flashing and cutting, driving the naked people up to the very Parliament stairs, with a resolution (as was then conceived) to cut the throats of all the House of Commons, which was then by the valour and courage of this Gentleman Lieu. Coll. Lilborne, Sir Richard Wiseman, and their friends prevented, and the Parliament house (for that time) secured.

The Fees which the Gaoler of New-gate exacted of Lieu. Coll. Lilburne were great and excessive: The affronts and wrongs put upon him and his friends there, were most insufferable, being also inforced to pay for his chamber-rent about twenty shillings weekly, as though Newgate were the Gaolers and not the Common wealths.

This Gentleman hath been since also commited to the said Prison of Newgate by the Lords, contrary to Magna Charta, and the Petition of Right, where it is said, No man shall be imprisoned, but by the judgement of his Equalls being men of like condition and quality, that is to say, Commons by Commons, as Peeres by Peeres, and no man put to answer before Indictment or Presentiment in matters Cryminall, 5 of Edw.3.chap.9 the 25 Edw.chap 4 so as the Lords have not the least colour or shaddow of Law to passe Judgement of life, limbe, or libertie upon any commoner of England, see Magna charta, chap.29. and this notably appeareth by a Record of Parliament, where albeit it was accorded in the upper House of Parliament Anno 6. of Edw. 3. nu.6 that such learned men in the Law as should be sent as Justices or otherwise, to serve in Ireland should have no excuse; yet that being no Act of Parliament it did not bind the subject and further it is inacted that if any man be attested or imprisoned against the forme of the great Charter, that he shall be brought to answer and have right Rot. Parlam.num.60. and thereupon (saith that learned and juditious man Sir Edw. Cooke) all Commissions are grounded wherein is this clause Facturi quod adjusticium pertinet secundum legem & consuetudinem angliae, to doe justice according to the Law and Customes of England.

And it is not said legem consuetudinem Regis Angliae, The Law and Custome of the King of England, lest it might be thought to bind the King only, not (Populi Angliae) the people of England, but that the Law might extend to all (per Legem terre) by the Law of the Land, Magna charta, chap.29.

Against this ancient and fundamentall Law, and in the very face thereof (saith Sir Edw. Cooke) he found an Act of Parliament made in the 11 of Hen. the 7. Chap.3. that as well Justices of Assize, as Justices of Peace without any finding or presentment by the verdict of 12. men, upon the bare information for the King before them, should have full power and authority, by their descretions to heare and determine all offences & contempts commited or done by any person or persons against the forme, ordinance, and effect of any Statute made and not repealed, by colour of which Act, shaking this Fundamentall Law, (it is not credible) saith he what horrible oppressions and exactions (to the undoing of infinite numbers of people) were commited by Sir Richard Empson Knight, and Edmund Dudly, being Justices of Peace through England, and upon this unjust and unjurious act, as commonly in the like cases it falleth out, a new Office was erected, and they made masters of the Kings Forfeitures.

But at the Parliament holder in the 1. of Hen.8.chap.6. this Act of Hen 7 is recited, made voyd and Repealed, and the reason thereof is yeelded, for that by force of the said Act, it was manifestly knowne that many sinister, crafty, and forged informations had been pursued against divers of the Kings Subjects, to their great damage and unspeakable vexation, (a thing most frequent and usuall at this day and in these times) and the ill successe whereof together with the most fearfull end of these great Oppressors should deterre others from committing the like, and should admonish Parliaments in the future, that in stead of this ordinary and precious tryall Per legem Terra they bring not in an absolute and partiall tryall by discretion, Cooke 2. part institute folio. 51.

Most the Committees of this Kingdome, if duly examined, will be found to have (with a high hand) exercised the like arbitrary and unlimmitted jurisdiction, to the great oppression of the people, whereof even at present all severall Counties of England sadly complaine, but hitherto finde little or no Redresse, such is the misery of these times. But let us returne to our honest Prisoner in Newgate, Lieu. Col. Lilburne after his being committed thither close Prisoner, being to be carryed before the Lords, hee desired to see and have the Copie of the Warrant for it, but the Sheriffe of London refused to give it to him or any of his friends, a thing never (heretofore) denied to the worst of men whether theeves or murtherers.

When some of his friends desired to see him it was denied them, and then also most vile and bad language returned unto them by the Gaoler and his unworthy substitutes, Seconded also with several threatenings; nay, his wife was not suffred to give him any victuals, or to come unto him, An unheard of cruelty, being against the Law of God, Nature, and Nations, a priviledge allowed to Traytors never denied to any Malefactors to have their wives and friends minister unto them; this kind of cruelty and injustice the Parliament in their Remonstrance of 15. Decemb. 1642. condemneth and complaineth of, in these words:

Where amongst other weighty matters, to shew the bold and presumptuous injustice of such Ministers as durst breake the Lawes, and suppresse the Liberties of the Kingdome, after they had been so solemnely and evidently declared.

Another Parliament dissolved, 4. Car. the priviledge of Parliament broken by imprisoning diverse members of the House, detaining them close prisoners for many moneths together, without liberty or using books, pen, inke, paper, denying them all the comforts of life, all means of preservation of health, not permitting their wives to come unto them, even in the time of their sicknesse, and for the compleating of that cruelty, depriving them of the means of spiritual consolation not suffered to go abroad to enjoy Gods Ordinances in Gods House, nor Gods Ministers to come unto them to administer comfort unto them in their private chambers, and to keep them still in this oppressed condition, nor admitting them to be bayled according to the Law. See booke of Declarations, fol 6.

Vpon the Lords order for bringing Lieu. Coll. Lilburne before them, the Sheriffe of London in a reproachfull and dishonorable manner, sent him from Newgate, as a theefe, or some such like Malefactor, attended with about 30. or 40. Sergeants and other Officers armed with clubs and staves, at which time being brought before the Lords he then was by them committed to the Tower of London, the Fees there, being far greater, and his usage not much better than Newgate, no consideration or regard had of his former sufferings and losses, nor how he is and hath been wasted and spent in attendance on the Parliament, for some due reparations for his former false imprisonment and barbarous usage, upon that cruell, unjust, and unpresidented Decree of Star-chamber, here the Gentleman must bee left naked againe, his upper garment by the Tower Law upon his first entrie is forfeit to the Lieutenant as a Fee.

This is not to cloth the naked, Is this the Reformation (so long looked and wished for by the free borne people of England) thus to spoyle the Prisoner, and Caniball-like to Feed fat upon the flesh of our brethren. But what must he pay there for entrance and admission, No lesse then thirty pound to the lieutenant of the Tower, five pound to the Gentelman porter. Lodgings of chamber-rent there exacted is great, of some fifty shillings, of other forty, and thirty is there taken.

How can we complaine of the enimies spoylings and plundrings. How can we speak against the enemy for violence and wrongdoing? With what face in Justice can we do it? Whilst our owne great Officers of State are suffered, countenanced and protected in these their excessive and unsupportable exactions, and oppressions? But seeing the Gentle-man must pay so deare for his entrance and Lodging, who would doubt of his kind usage and entertainment there, but alas here is but Newgate welcome and usage, he must not have the copy of the Warrant for his commitment, he must neither be allowed to write, nor any friends to speake with him, without his keeper being by, and first their giving in their names and places of habitation, nay, his wife may not accompany him nor bring any thing to him, but in presence of his Keeper, no conjugall duties may they performe the one to the other, but still the Keeper must be bie.

When this worthy Gentleman desired the copie of the Warrant for his Commitment, it was denied him by the Lieutenant of the Tower, who tould him it was not the custome there to give any, but he would reade it him, which he did, being to this effect, that the Lieutenant of the Tower should keepe him seven yeares and take care that he should not write nor print any thing that should be scandalous to either House of Parliament, which, saith he, I cannot doe, except I keepe your wife and all your friends from you except it be with a Keeper, and if your wife at any time tarry, she must be a Prisoner with you; Mr. Lilburne tould him he did not conceive that to be the extent and meaning of his warrant, nor his wife prohibited thereby to come at him, she being all the outward comfort he had in the World, but to free the Lieutenant of the Tower from the danger of his writing, he offered to engage himselfe as he was an honest man & had regard to his reputation, that if his wife might have liberty freely to come to him, he would neither write nor print at all, whilst his wife had this liberty, which the Lieutenant of the Tower denyed & so would not suffer his wife or friends to speake to him without his Keeper bie, and afterwards the Lieutenant of the Tower received a Warrant from the Lords expressing these words which indeed he had before put in execution.

And to add unto his affliction, One White a Warder of the Tower (who came to the Lieu. Col. in Newgate and gave him there evill and provoking language) doth with contumelious and reproachfull words and gesture frequently affront and abuse this worthy deserving Gentleman and such of his friends as come by to visite him: This White when he is in place hath often-times turned backe with threatnings his friends, and such of them as he suffered to go to him, those passe not without affront, (O the cruelty and wickednesse of the times! What is inhumanity, if this be not? Nay, what is Paganisme or Turkish slavery, if this be not such?) If this be the English mans Liberty, what is servitude?

But as though this his usage were yet too good for him, or this his strict restraint not great enough. The Lords have of late given a farther order for a more strict watch over him: Thus you may see who ever be that speaketh freely, or writeth in defence of Law or Liberty, though never so worthy or deserving, then either by surmised imputation of some capitall crime or by-aggravation of small causes by far fetched circumstances or strained constructions, his life or liberty, or both, is called into question. What benefit, what comfort then have the people of this Realm, in having the Star-chamber and high Commission Courts taken away, if their fellow-Commoners of England shall be thus inslaved, and thus suffered, without Law to be robbed and spoiled of their Liberties, and in all this time not vindicated; what availes all the blood, Travell and Treasure, which hath been shed and spent for the recovery of our Lawes and Liberty; if these abuses and oppressions be not redressed, if these outrages and violences be thus passed by?

May it not be truly said, that we have fought our selves into slavery & our Government turned into a Tyranny? it is a griefe to speak it, and for to hide it, it availeth not, being now come to the knowledge and sight of all men. Our Ancestors of old lived in the highest pitch of perfect Liberty, and wee now in dejected servility we are not used as free men, but as abjects, yea, as meere slaves.

The several extortions and exactions of these our Gaolers and Prison keepers, have wasted us more then the devouring Sword of the enemie, we are brought to that miserable condition which causeth our friends to pity us, and our enemies to flout, scorne and deride us, being also become a burthen to our selves, this is our condition, but what and where is the remedy, we have for these many yeares patiently suffered and humbly sued for ease and remedy, what fruit have we reaped? Behold our patience and sollicitations have procured unto us (hitherto) nothing else but continuation of our misery and increase of punishments, and our severall complaints (against Gaolers and their instruments of cruelty) have caused us to undergo, more Egyptian stripes, and with hazard of life, yet we still remaine unheard, not pitied, nor regarded, whereby our condition is farre worse then the condition of their hounds in their kennells, and haukes in their mewes, which are by them both regarded and carefully provided for with food and lodging, convenience and fitting, what is the reason of this their great neglect? Because we are Poore, Poore I say, and not able to see Lawyers, Attorneys, Sollicitors and Gaolers; for if we had moneys to satiate these Horsleeches, then (though our causes were never so unjust, and debts never so great) we should not wayes doubt the gaining of our Liberties, it is not unknowne that some guilty and condemned to dye, are suffered to go at large, and have their liberty, this Gaolers may do, and what not? But it may be said, that other prisons may be better ordered, Prisoners, else where better used: Not the like oppressions and exactions practised But that these exorbitancies and oppressions are common and universall: The daily usage of Prisoners in the Kings Bench and the Fleet will aboundantly and clearely manifest to all men. These exactions of the Prison of the Kings Bench (in part) will be discovered by these Fees, and summes of money by every poore prisoner there paid in particular: First, the charge of his removall from and out of the Counters, is seldome lesse then foure pound or five pound.

Secondly, if a prisoner be removed from some Prison in the Country to the Kings Bench, then it stands him seldome in little lesse then twelve pound, or fifteene pound. Then being turned over from the Judges Chambers, there is Item 10 the Tipstaffe eight shillings six pence. Item, upon entring his name into the Gaolers booke, now paid at the Kings Bench doore, on the Masters side, thirteen shillings six pence, whereas Sir George Renolds at the first exacted but three shillings foure pence, (whereof the due Fee is, if any, but foure pence) Item, for Chamber-rent, for some Chambers ten shillings, some eight shillings, some five shillings the weeke, yea, although six men lye in one Chamber on three beds, yet they are inforced to pay each man two shillings six pence the weeke, Item, to the Chamberlain, to help the Prisoner to a Chamber two shillings six pence, yea, some times five shillings: but if the Prisoner desire (upon security) to lie in the Rules, then in the first place, so much to the Lady Lenthall, for her favour in it. Item, to Frith the Clerke, for approving and taking security for the Prisoners true imprisonment, 20. shillings, 15. shillings, or 10. shillings at the least. Item, to Mr. Holland for making the Bond, two shillings six pence. Item, to Sir John Lenthall for liberty weekly paid by the Prisoner, some 20. shillings, some fifteen shillings, some 10. shillings, some five shillings at the least: And Sir John Lenthals Rules reach sometimes as far as Yorke: If the Prisoner be in Execution (and of Estate) then there is accompted to him, and required of him for each dayes liberty out of Terme ten shillings six pence, but if in Terme, foure shillings for the first day, and three shillings for each day all the Terme after in generall of all Prisoners, which together with the charges of his keeper being two shillings, and other charges abroad amounts to no lesse also then ten shillings a day.

Item, so much to the Lady Lenthall, at Christmas, Easter, and Whitsontide, from every Prisoner, &c. And upon the discharge of a Prisoner, required and taken by Sir John Lenthall, his Deputy Thomas Dutson, his Clerke John Landman, and others his servants.

Imprimis, To Sir John Lenthall ten shillings. Item, to his Deputy Thomas Dutson ten shillings, as his Fee. Item, By Frith demanded, and of some received seven shillings six pence. Item, to the Tipstaffes six shillings. Item, to Ralph Whilstler, the chamberlain, and Zachary Anzloe two shillings, the Porter two shillings. Item, in the totall, and as the only due and lawfull Fee to Sir John Lenthall the Marshall foure pence. Item, to Dutson and Landman, for with-drawing of every Action two shillings foure pence. Item, to the Marshall Sir John Lenthall also paid by the Prisoner three halfe-pence in the pound for every Execution depending against the Prisoner, and this cost unjustly required and taken, although the Creditors themselves discharge the said Actions and Executions freely, and upon the Prisoners refusall to pay any of these exorbitant Fees, then is had by them, forthwith charged with eight or ten new Actions in strange and unknowne mens names, and so still detained Prisoner, where many thus have ended their lives there; others inforced after discharge by their Creditour to pay unto them for the taking off, and discharge of such false Actions, no lesse then eight pound or ten pound, I will only mention to prove the truth of this Master George Burrage, sometime Pilate of the Royall Soveraigne, who after his agreement with his creditour, had no lesse then ten severall false actions by Dutson and Landman charged on him. From which to cleere himself he then protested that they had inforced from him almost ten pound, this was done in the yeare 1645, yet this man was Prisoner, but in the common Gaole of Kings Bench.

Fees required and taken of the poore Prisoners in the common Gaole of Kings Bench. Item, at their being turned over by the Judge, to the Tipstafe 8s,6d. Item to the porter 1s. Item at their discharge 28s,4d. shared between the Marshall, his Deputy, Clarkes, and servants, of all which by the Law there is but 4d. due to be paid and that by a late Statute, as for all the rest of their illegall and unjust practises and barbarous cruelties inflicted on Prisoners, I deferre the relation thereof to a further discourse, referring you (for the present) to the Prisoners petition lately presented to the House of Commons, and for the severall illegall practises, exorbitant Fees, and inhumane cruelties taken, acted, and done by the severall Officers of the Fleet, I referre my self unto the Articles formerly Exhibited to the House of Lords against them, deferring the particular relation of their severall abuses lately acted to another time if the same bee not timously regulated and amended.

Prisoners for debt in the severall Prisons, whilst they are able to pay and have the favour of some Judge, or one of the Commissioners of the great Seale, may have a day writ to go abroad, (which what it else but meere fraud and couznage) to take their pleasure where they list, to live at home in their owne houses, to Trade and trafique in their owne Country, with this caution as a man of bondage, that in all that time they must pay chamber rent, present the Gaoler with some gift, and pay well his subordinate officers, these be the profitable tenants of Gaolers, and thus the Law and the Creditors are cozned and deceived, but other poore Prisoners who have not wherewith to satisfie the greedy lusts and desires of their wills, nor answer their unlimited excessive Fees and chamber rents, are by them mewed up close in Prison, or otherwise disposed in the worst and meanest lodgings, and most inhumanely exposed to all misery and want, and seldome or never come forth untill by death they are freed: yet here being such whom the Law hath declared traytors, can enjoy their Liberties and all the Freedome and accommodation that the Prison can afford, and goe abroad at their pleasures, such as these who are the Capitall enemies of the Kingdome, open Rebells to the State, are the only men in esteeme with Gaolers and their servants, live in all pleasure and ryot, being countenanced and respected, there they contrive wickednesse and deceit, Prisons to them, are no other then Sanctuaries and places of security, where then all manner of vice and wickednesse raigns and is tolerated, Prisons being none other then houses of Sodomie, here are rapes acted unquestioned, unreproved, yea, they are become the very houses of hell, and of death, the receptacle, nurseries and seminaries of all filthinesse and vice.

But if such as are honest and well minded although committed thither for some triviall matter, as refusing to answer interogatories against themselves (a custome now of late growne a thing which Law and nature abhorres, that any should bee a self destroyer, according to that maxime of Law, Nemo tenetur prodere seipsum, No man is bound to betray himselfe, frequent and common, as in the Prelatique times) are dis-respected, scorned, evill intreated, and by one way or other disgraced, defamed, and made the song of the Drunkards and Deboyst blaspheming Cavaleeres; thus are these poore men laden with contempt and reproach, yea, such as come to visite them or minister unto them, abused, threatened and evill intreated, as divers Prisoners both in the Kings Bench and the Fleet have been beaten, abused, Famished and starved, so that for any honest man it were lesse grievous to dye at once by the hand of some cruell Executioner, then thus to mourne, live, wast and consume, in these soule-destroying Prisons, yet, are these insolencies and extreame oppressions still tollerated, and not any complaints against them can be heard: such favour and friendship, their wealth gotten by Rapine and Robberie hath gained them, the power and greatnesse of some eminent Lawyers, their allyance likewise serving them for a shelter, but I hope the Honourable Parliament, will now at length provide for the timely reliefe and inlargement of their poore oppressed and unjustly inslaved Prisoners, and not suffer them any longer to lye languishing in this their present perishing condition, for seeing many hundreth of Ordinances have passed for the freeing and discharging thousands of Delinquents, who have spoyled, plundred, wasted and destroyed whole Townes and Countries, killed and murthered the Kingdoms friends, yet how can they in justice deny theirs and the Kingdomes friends and freemen of England, their just Liberties, so long expected, so much solicited for; surely if any feare of God, if any love to their native Country, Law or liberty, remaineth in them, they will not suffer the freeborne of this Nation longer to be inslaved and tyrannized over by these Egyptian Taskmasters, but without further procrastination free us from our unmercifull oppressors, for as Justice is the honour of a Nation, the Lod-stone to draw down the favour and mercies of God upon a Land and Nation, so doubtlesse (if timely provision be not made according to the will & pleasure of God and the Fundamentall Lawes of this Realme for the preservation or rather restauration of the free practice of justice, & our native just freedomes, the dreadfull God of justice (for the injustice of the Rulers of the people) will in his wrath and fury contend against them, and in away (by them not thought of) will in mercy lend deliverance unto the poore inslaved Prisoners, and bring an evill upon their adversaries and oppressors, which shall astonish them, wrath and destruction shall take hould of them? This is the Lords doing, and marvellous in our eyes, so let all thy enimies perish O Lord.


T.75 (3.16) [Richard Overton], A Defiance against all Arbitrary Usurpations (9 September 1646).

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T.75 [1646.09.09] (3.16) [Richard Overton], A Defiance against all Arbitrary Usurpations Or Encroachments (9 September 1646).

Full title

[Richard Overton], A Defiance against all Arbitrary Usurpations Or Encroachments, either of the House of Lords, or any other, upon the Soveraignty of the Supreme House of Commons, (the High Court of Judicature of the Land) or upon the Rights, Properties and Freedoms of the people in generall. Whereunto is annexed, A Relation of the unjust and barbarous proceedings of the House of Lords, against that worthy Commoner, Mr. Overton, who standeth by them committed to the most contemptuous Goal of Newgate, for refusing to Answer to Interrogatories, and Appealing from that Court to the Honourable House of Commons (as by the great Charter of England he was bound) for the triall of his cause. Howsoever the House of Lords do suggest in their Commitment of him, that it was for his contemptuous words and gesture, refusing to answer unto their Speaker. Which being every mans case, is published by his friends for the publick benefit of all the Free-born people of England, as it was enclosed in a Letter to one of his friends.

Deo, Partiae, tibi.

Printed in the yeer 1646.

Estimated date of publication

9 September 1646.

Thomason Tracts Catalog information

TT1, p. 462; E. 353. (17.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Worthy Friend,

The great and continued experience of your endeared affections towards me, of your uprightnesse, valour, and fidelity through manifold afflictions both ancient and present, for the publick weal, and safety of all men in generall, and of the honest and godley in speciall, hath so emboldned me with you, as not to count it presumption to single you out from the rest of my friends in this time of my bonds to unbosome my imprisoned thoughts unto you, as knowing you to be a man much sensible and grieved at the oppressions, miseries, and calamities of the people; which if not narrowly and wisely observed, and discovered by the more conscienscious and knowing, will prove for ever incorrigible, and helplesse. But for me to undertake the cure of this Nationall Disease, were justly to incur the censure of ignorant presumption, by reason of my own known insufficiency; yet into the Treasure of your private consideration I shall be so bold as to cast in my mite, not doubting of your friendly construction, presenting you for your better information and satisfaction, with a narrative of the illegall and barbarous proceedings of the House of Lords against me, concerning this their most unjust Commitment of my person to the Goal of Newgate, the which you may communicate to whom you shall have occasion.

But first be pleased with me to consider, that such and so long hath been the Arbitrary encroachments, usurpations, and invasions of the naturall Rights, properties, and freedoms of the people of this Nation, through the abused power, and machivilian policy of the Kings, Lords, and Clergy-men thereof, that the spirits of this people (naturally of themselves noble and free) are even vassalaged, and drawn into an inconsiderate dislike of their own primitive, naturall, and Nationall Rights, Freedoms, & Immunities, insomuch that they persecute, and condemne all such amongst them (as Traytors, Rebels, and Enemies to all Government) that are more conscious, and carefull of their own naturall properties, and shall but endeavour to pluck off the Clergy-scales of insinuation, flattery, and adulation, from their darkned eyes, endeavour to discover & break the Norman yoke of cruelty, oppression, and tyranny from off their necks, and set their heels at liberty from the Prerogative fetters of the House of Lords, (by opening the Cabinet of their machivilian policy, against the peoples Liberties, that those Usurpers might be discovered in their deceit, as their Masters were in their King-craft, and the peoples deluded understandings be undeceived) these instead of gratitude, shall be rewarded with hatred, and the malefactors portions for their faithfull endeavours, and good intentions.

Yea, such hath been the misterious mischievous subtilty from generation to generation of those cunning Usurpers, whereby they have driven on their wicked designes of tyranny and Arbitrary domination, under the fair, specious, and deceitfull pretences of Liberty and Freedom, that the poore deceived people are even (in a manner) bestiallized in their understandings, become so stupid, and grosly ignorant of themselves, and of their own naturall immunities, and strength too, wherewith God by nature hath inrich’d them, that they are even degenerated from being men, and (as it were) unman’d, not able to define themselves by birth or nature, more then what they have by wealth, stature, or shape, and as bruits they’l live and die for want of knowledge, being void of the use of Reason for want of capacitie to discerne, whereof, and how far God by nature hath made them free, if none have so much magnanimity as to ingage betwixt them and their deceivers, as not onely Religion, and Reason, but even Nature it self doth bind every man to do according to his power, whom God hath inabled, and honoured with any talent or measure of abilities to that end, whatever perill or danger shall ensue, though of liberty, estate, or life, Quia nemo sibi nascitur, Because no man is born for himself.

But the task will be no lesse difficult to effect, then perillous to attempt, for through this long continued flattery under those Prerogative Task-masters, the usurping Lords, they are now so besotted therewith, that they even esteeme sowre sweet, and sweet sowre; usurpation, and tyranny, better then naturall freedom and property; and so are become contented slaves to those insolent, Arbitrary, tyrannicall Usurpers; accounting it their honour to rob themselves, and their posterities, of their just Birth-rights and Freedoms, to make those domineering Insulters magnificent and mighty, and themselves and posterities miserable. So that he whosoever he is, or shall be their Informer, must not look to conquer all where he may at first seem to prevail, yet that may not excuse his endeavours, which are the discharge of his duty: feeling the blessing comes in the use of the means, and it is impossible that so great stupiditie should be either removed from this generation, or prevented in the next, except there be diligent, faithfull, continued, and powerfull endeavours used.

And how dangerous and perillous the cure is to the Physitian of this Disease, may easily be imagined, when Free-men by Nature are even so unnaturall, and inhumane to themselves and their own posterities, that they are so ready with hazard of their lives and estates to purchase power even for their Usurpers, to be trampled under foot like mire in the street: and if they be thus unnaturall and inhumane to themselves, much more to others whom they ignorantly and fondly not onely suppose to be, but persecute them as their enemies, when as indeed they are their best and most reall friends. And this disposition and temper I have observed to be common, especially where the dregs of Regality, Peerage, Episcopacy, or Presbytery remain, for there, there appeareth nothing but wrath, anger, and revenge against the opposers of usurpation, tyranny, and cruelty; if they be but guilded and furbish’d over with those formall titles of honour obtained through their great policie, craft, and deceit.

Thus the people being cast into this temper of ignorance and vassalage (the one by them esteemed, and fancied for wisdom, the other for freedom) they are even fitted for their Arbitrary designes, by and through whose strength and power, those Machavilians do act, and without which they could not move or ever prosecute or accomplish their politick designes of oppression and cruelty upon them: never could the Arbitrary domination of Kings, Lords, Bishops, or of our new upstart Presbyters (newly re-royalliz’d) have win to such an exorbitant height in this Nation, it would never have been thus puft up, thus exalted with their Arbitrary venome, to have burst asunder in wars, emulations, and divisions, had it not been for the sottish and fond ignorance wherewith they have thus bestially besotted the people of this Nation, for the spirit of emulation (striving who should be greatest) being cast in amongst those usurpers, the people are by those fore-mentioned means fitted on both sides, pro or con, for their purpose to fight, and destroy one an other for the advancement of these Arbitrary Lords and usurpers, if they do but tell them of Reformation in Religion, the Liberty and property of the people, when as indeed and in truth nothing lesse is intended.

Yet do those ignorant deceived souls run on, and, like horses, furiously rush into the battell whether right or wrong, though all (God knows) under a fond imagination of their own weal, the publick property, safety, liberty, and tranquillity, but how for the publick-weal, and safety, the removall of oppressions, and tyrannies, oppressors and tyrants old or new, either Royall, Lordly, or Clericall in this Nation, the late great miraculous conversion (of the King, the Lords, Presbyters, and others) shew clearly, whatever was, and is still, intended for the people, even meer oppression, tyranny, slavery, that’s their doom, except they look better about them, and stick closer to their own representative Body the Commons assembled in Parliament; yea, and they to them too, for love cannot stand on one side.

And the occurrences of these heavie times do clearly prognosticate, that except the people of this Nation with their hearts, hands, lives, and estates, stand close to their own House of Commons, yea, and they to them, and do justice, and relieve prisoners, and all that are oppressed, especially by the Lords, with resolution and fidelity, in despight of the malice, power, policy, and force of Kings, Lords, and Presbyters, they themselves will be reduced to their old bondage, slavery, and oppression, if not to far worse; even more cruell, Lordly, and tyrannicall then ever before: yea, and this very House of Commons (the most supream Court of Judicature in the Land) will be swallowed up, consum’d, and confounded, and the severall Members thereof proceeded against as Traytors, and Rebels to the King his Crown, and Dignity: yea and that cruell late Proclamation renewed, that a Parliament shall be no more mentioned, as we have both dolefull experience at the untimely breaking up of former Parliaments, and dreadfull prognosticks in this already, to wit, the Inditement of his victorious Excellency Sir Thomas Fairfax, with other gallant Patriots and Contestors for their Countrys Liberties and freedoms, at the Assizes of Chester, as also Mr. Crab, and severall others though of meaner rank and quality, yet men of approved honesty, valour and fidelity to the State; who have notwithstanding (or rather for their reality and fidelity, been Indited, arraigned, condemned, and fined 500 l. a piece, and imprisonment till it be paid, for nothing but for uttering their indignation and anguish of mind against the cruelties, blood-shed, and oppressions of the King nefariously perpetrated upon the people) in form or phrase of words which was unpleasing to their Caveleerships: these are but the beginnings of wo, which portend and threaten a generall and irrecoverable destruction, if the Scotch Miracle of the Kings Conversion take but its proper effect, as God forbid, for nothing is betwixt it and them, but a readvancement on the Royal Throne, and then farewell Parliaments, Laws, Priviledges, Freedoms, Liberties, and all.

Therefore, see Englishmen, that have true hearts, and love to the House of Commons, ye that desire the safety and preservation thereof, the peace, weal, rights, liberties and freedoms of this Nation, ye that would do as you would be done unto, that would have your neighbour injoy the fruit of his own labour, industry, and sweat of his brow, the freedom of his Conscience and estate, his own naturall right, and property, and have none to invade or intrench upon the same, more then you would have upon your own.

Ye in speciall be encouraged against all opposition and encroachment of Kings, Lords, or others upon the House of Commons their rights and properties derived from the people, and save them, or else ye will all speedily fall. Keep up their names, titles, honours, and priviledges above all usurpations whatsoever, either of Lords, or others. And acknowledge none other to be the Supreme Court of Judicature of this Land but the House of Commons, and in this gallant resolution live and die, and acquit your selves like men: for my part I’le tread upon the hottest coals of fire and vengeance that, that parcell of men, intitled, The House of Lords, can blow upon me for it.

And though I be in their Prerogative clutches, and by them unjustly cast into the prison of Newgate for standing for my own, and my Countrys rights and freedoms, I care not who lets them know that I acknowledge none other to be the supream Court of Judicature of this Land, but the House of Commons, the Knights and Burgesses assembled in Parliament by the voluntary choice, and free election of the people thereof; with whom, and in whose just defence I’le live and die, maugre the malice of the House of Lords. For I acknowledge that I was not born for my self alone, but for my neighbour as well as for my self; and I am resolv’d to discharge the trust which God hath repos’d in me for the good of others, with all diligence and fidelity, as I will answer it at Gods great Tribunall, though for my pains I forfeit the life and earthly being of this my little thimble full of mortality.

And these are further to let them know, that I bid defiance to their injustice, usurpation and tyranny, and scorn even the least connivance, glimpse, jot, or tittle of their favour: let them do as much against me by the Rule of Equity, Reason, and Justice for my Testimony and Protestation against them in this thing as possibly they can, and I shall be content and rest: for, Nihil quod est contra rationem est licitum; Nothing which is against reason is lawfull, it is a sure maxime in Law, for Reason is the life of the Law. But if they transgresse, and go beyond the bounds of rationality, justice, and equity, I shall to the utmost of my power make opposition and contestation to the last gaspe of vitall breath; and I will not beg their favour, nor lie at their feet for mercy; let me have justice, or let me perish. I’le not sell my birth-right for a mess of pottage, for Justice is my naturall right, my heirdome, my inheritance by lineall descent from the loins of Adam, and so to all the sons of men as their proper right without respect of persons. The crooked course of Favour, greatnesse, or the like, is not the proper channell of Justice; it is pure, and individuall, equally and alike proper unto all, descending and running in that pure line streaming and issuing out unto all, though grievously corrupted, vitiated, and adulterated from generation to generation.

Why therefore shall I crave my own, or beg my right? to turn supplicant in such a case is a disfranchising of my self, and an acknowledgement that the thing is not my own, but at another mans pleasure; so that I forsake and cast off my property, and am inslav’d to his arbitrary pleasure: if the other will, I may have possession, otherwise not. Which indignity to my own, or to my Countreys rights, their Lordships shall never enforce me; for it is no better then a branch of tyranny to force a man to turn supplicant for his own, and of self-robbery to submit thereto. Though this inslaved Nation be most deeply and miserably involved in that intolerable condition, so that indeed we cannot have our own naturall rights and immunities, but we must be either patient sufferers, or actuall Petitioners, as if our own were not our own of right, but of favour.

What is this other but an utter disfranchisement of the people, and a meer vassalage of this Nation, as if the Nation could have nothing by right, but all by favour, this cannot hold with the rule of Mine and thine, one to have all, and another nothing: one’s a gentleman, th’other a begger; so that the birth-rights, freedoms, and properties of this Nation are thereby made these great Mens Alms; and we must come with hat in hand, with good your worships, May it please your Honors my Lords, and with such like terms of vassalage and slavery for our own rights, as if we ought them Villein-Service, and held all the rights and properties we have, but by Tenure in Villonage, and so were their slaves for ever.

Indeed, if this Petitionary way be lawfull and expedient, onely in testimony of respect, loyalty and obedience unto that Soveraigne power which all of us the Commons have chosen out from among us, and set up for the mutuall good both of us and themselves (wherunto out of a good conscience we are bound in duty to submit in all things just, lawfull, honest and reasonable) and not out of any Arbitrary respect, homage, or reverence which is not due; as if the Commoners just liberties and freedoms were not their own of right, but of favour and grace. I shall freely and willingly walk in that petitionary way, and make presentation of my just suits, as I shall have occasion. And I hope the Honourable House of Commons (to whom that Power is convey’d, and in whom it onely and truly resideth) doth require it from their fellow Commoners (the free people of England) in no other respect, but in testimony of loyalty to them.

But those Lords do challenge the Supremacy to themselves, which I shall make appear by this ensuing Relation to you as one of my dearest friends, of their illegall practises, and unjust proceedings against me a Free Commoner of England.

Sir, it is not unknown to me how various and different the reports haue been about this businesse, especially concerning my words and gesture when I was brought before the House of Lords: But though divers will account it to be vain-glory, pride, ambition, folly, and what not, for me to make a narration of mine own speech and behaviour; yet of you, and the better sort, with whom I may be bold, it is presumed that even my own recapitulation or rehearsall thereof, will be taken in the best sense, especially now when necessity hath no Law, both my just cause lying (as it were) at the stake and my self being in prison, and therefore as if I were presently to suffer, what those unjust troublers of my peace, and infringers of my liberty would inflict, if their power were as large as their will, I will present you with a full relation of the very truth of all that hath yet past between them and me, both that you may be rightly informed thereof, and others also by your means; if it can no otherwise be conveniently divulged to the whole Commons of England for their information and satisfaction, as a businesse no lesse belonging unto them, alwayes to weigh and consider, then it is troublesome at this time for me to undergo.

Upon Tuesday, August 11, 1646 one Robert Eeles, a Journeyman Printer, commonly known by the name of Robin the Divell, and one Abraham Eveling (dweller at the Green Dragon in the Strand) entred into my house betwixt 5. and 6. a clock in the morning, and this Eeles at his first entrance into my house, said with a loud menacing voice, W—w—w— we will have him in his bed; then forthwith the said Eeles ran up the stairs into my Bed-chamber with his drawn sword brandashed in his hand, and after him hurries the said Eveling with a Pistoll in his hand ready cock’d, to the great affrightment, terrour and amazement of my wife lying sick in Child-bed; and as soon as they had made this forceable entrie into my Chamber in this Hostile manner, the said Eeles with bended brows, and irefull look with his naked sword against me, said to me lying in my bed, Tut, tut, tut, rise up and put on your clothes: whereupon I arose out of my bed, (espying my wife as I came near her ready to swound at that sudden affright) and taking my garments to put on, this Eeles pick’d my pockets, taking what he pleased out of them, for which, and for the rest of his barbarous, tyrannicall, and illegall dealings with me he may expect Justice; and then he ransaked a Trunk, and taking out a pair of Britches felloniously pick’d the pockets thereof. In the mean time I slipt on my clothes, and went down the stairs, and looking out at my doore, I espied certain Musketeers at my Gate; then those Armed men above cried, Stop him, stop him: whereat I withdrew my self. And behind my house were other Musketeers, who presently ran with violence towards me, threatning to knock me down with their Muskets, and to shoot me; one saying, if I had been so near him as I was others, he would have run me through with his sword: and from this Hostile pursuit I fled, but was surprised by them; and I was no sooner captivated, but these men also nimbly slipt their fingers into my pockets.

Thus in this hostile manner my person being surprised, these armed men drag’d me away violently; And as they went, I demanded of them, What they were that thus by violence and force of Arms did assault me? and what was their intent? and whether they had any Authority for what they did? Not one of them all this while in the least mentioning or producing any Authority or Warrant for what they did, but all of them (when I was in my own yard) encompassing me round in that armed posture, did vilifie and abuse me with divers scurrulous and scandalous reproaches; divers of them griping me in their clutches, and threatening to lay me neck and heels together, which was a most insufferable affront, and invasion upon the rights, properties, and immunities of the free-born Commoners of England.

For by the great Charter of the Laws, freedoms, and properties of the people thereof in such cases no mans property, person, house, &c. may be assaulted, entred, much lesse by force of Arms in warlike posture invaded, or seized upon, without Warrant first shewed or declared; and no violence, especially by force of Arms, may be offered or committed against any of the free Dennisons thereof, but in cases of violence, opposition, and contempt of Authority truly Magisteriall: for the Law brings none under penalty, deprives no man of his liberty, person, or estate, looks upon none as its captive, before its Authority first shewed or declared to the party intended, and that by proper denomination or name, or else no man could be safe at home or abroad, or have any certainty of his own liberty or property, either in person, goods, or estate; but daily subject to the robberies and murthers of rebellious and wicked men.

For as upon this ground the Kings appearing in hostility, and leavying of war against the Parliament and people is adjudged unnatural, barbarous and illegall, being, he never yet hath produced any Legall Authority or true Magisteriall Warrant for what he did; so that during his time of the none appearance or inspection thereof, the Parliament and people have stood in their own defence, and the same both in point of Law and Conscience is truly adjudged both reasonable, equall and just. Therefore by the same rule, that the whole State may oppose the King their Generall Man in this his hostility for their necessary defence and their Action justifyable by Law, as equall, reasonable and just and the King condemned as illegall, unnaturall and barbarous. Even so upon the same ground, and by the same rule, that opposition which is made by a particular man in his own necessary defence, against the assault or sudden hostility of certain other particular men upon his person, or house, without any Warrant or Magisteriall Authority for that their hostilitie, is by the Law of the Land lawfull, justifyable and equall; and the others condemned, as illegall, unjust, unnaturall and barbarous. So that my case (for that time being) is of the same nature with that of the Parliament against the King. If I must be condemned for denying to subject my self to that their hostile assault, and proffering to stand in the just and necessary defence of my self, my wife and family, till these men had produced a Magisteriall Warrant for that their hostility; the so must the Parlaments practises against the King.

Thus it will necessarily follow, that as my half houres resistance of those men is as justifiable as the Parliaments four yeers resistance of the King, and of these who have leavied these wars against the Parliament, and must be proceeded against as Delinquents, traytors, and Enemies to the State: then those which made this violent hostile invasion upon me deserve little lesse. For though that be not of the same degree, yet is it of the same kind and nature. So till their production and discovery of a Magisteriall Warrant, these Armed men thus assaulting my person, and invading my house by force of Arms, appeared not to me for that time being in any magisteriall capacity, neither indeed could they be so accepted, by reason they made no appearance of distinction of themselves from common men; so that I could not in the least take them for Magisteriall persons (no Magisteriall Authority appearing) but for Murtherers, Theeves, and Robbers. For if assaulting of mens persons, invading and entring their houses, and taking what of their goods such men please, and that all by force of Arms, be simply a Magisteriall Act, then All theeves and murtherers are justified thereby; for their violence is without any Magisteriall Authority appearing: but by the Law it is therefore adjudged theft, murther, &c.

Wherefore I hope the free Commoners of England, as they tender themselves and their posterities, their severall weals, safeties, and well-being, will now seek for the suppression and future prevention of such outrages, and incursions upon their rights, freedoms and liberties, though such insolent usurpations and tyrannies should be driven on by the men of the highest Arbitrary titles in the Land; against whose injustice, tyrannies, usurpations, and encroachments upon the Commoners of England their rights and properties, I have engagd my life for the delivery and freedom thereof: for better is it that one or some few should perish, then a multitude.

But to proceed with our former Relation. After I was in this hostile manner surprised, some of them did vilifie me for flying from them, to whom I replyed:

Gentlemen, I did not flie from Authority, but from violence, hostile invasion, and pursuit, for my house being in this hostile manner invaded, and looking out of my doores, and espying Musketeers at my gate, I was struck into a sudden fear of my life: and hearing of no Magisteriall Authority, nor seeing the least appearance thereof from them, but of hostile invasion and assault, menacing nothing but death in my appearance: I therefore (as by nature I was bound) attempted to make an escape for the present preservation of my life. And this I repeated divers times over to them, with some circumstantiall variations in phrase, but not in matter. Then in most promiscuous manner they uttered many reproachfull and menacing words and speeches which I cannot well remember, by reason of the great confusion thereof, and mine own distemper with my wife and childrens lamentable case, and therefore I shall omit them, untill I can better recapitulate my thoughts. Wherupon I bade them take notice how they had invaded and assaulted my person with Muskets, sword and Pistols: and how with drawn Sword and Pistol ready cock’d, by force of Arms had entred my house, and therefore if they had no Magisteriall Warrant to shew for their Authority, I would not submit unto them, but would stand in the legall defence of my self, my own right and property, which thus by drawn sword and force of Arms they had assaulted and invaded: Adding this as a Reason; That my House is my Castle, my right and property, over which none hath power but my self, excepting lawfull Authority.

And espying my neighbours gazing upon me, I desired them to take notice how those men had assaulted my person in this hostile manner, contrary to the rights, freedoms and immunities of the free-born people of this Nation; and how they had beset and surrounded my house with divers men armed in warlike manner. And further, I desired them to take notice, how those armed men had entred and invaded my house in this hostile manner (which is my Castle, my own present right and freedom) by force of Arms, even with drawn swords, and pistols ready cock’d, to surprise or kill me in my bed, and all without any Magisteriall Authority, none of them producing, mentioning, or so much as confessing hitherto any Magisteriall Warrant for such kinde of practises and proceedings.

Then after some confusion and reiteration of their words, and austere gesture towards me, I applyed my self unto them in this wise.

Gentlemen, if you have any legall Authority, or Magisteriall Warrant for what you do, then produce it, and I shall freely submit, otherwise I will not obey you: for so far as you have Authority, and no farther will I yeeld my self. At which time they began to tell me they had a Warrant: And the foresaid Eveling pluck’d a paper out of his pocket, and began to read; whereupon I desired, that I might see what was read, lest they should cheat me; but they grapl’d me so violently, that I could not: but by the sound of it I understood, that it was an Order from a Committee of Lords, to apprehend suspitious persons for Printing of seditious and scandalous books, and to bring them before the said Committee of Lords; Subscribed by the Earl of Essex, and the Lord Hunsden.

To which I answered; Gentlemen, this is no Warrant Magisteriall for the apprehension of me, for my name is not so much as mentioned therein to be a suspitious or seditious person, or to be apprehended at such an one. And therefore I not being taken notice of by the Law as a seditious or suspitious person, or by it nominated for such an one, I would not obey them: And therefore (said I) that was no Authority for me, and I would not obey it.

Then attempting to go into my house, they held me by force, and would not suffer me, but assayed forthwith to drag me away, threatening to lay me neck and heels together: Whereat I answered; Gentlemen, you may drag me away by violence, but I will not voluntarily submit; which if you do, my going with you is not my own Act, but yours; not the Act of my submission, but of your violence; for I for my part am resolved by my own proper Act to stand for my own Rights, that is, as much as in me lies to defend my person, house, property, and freedom against all hostile and violent opposition that is not by Magisteriall Authority, and so consequently the rights, properties, and freedoms of this Nation in generall.

Then with a File of Musketeers they drag’d me away, and by force of Arms brought me to the Bull-Tavern at St. Margarets Hill in Southwarke, where they kept me prisoner. And when I was there, I demanded so much my liberty as that I might send for a friend; But the said Eveling denyed me of that benefit, which is my due by birth. Then I demanded of him, If he had any Authority to inhibite me of that liberty? And he told me he had no Order to permit it: To whom I replyed, Sir, you can not authoritatively infringe me of any of my Liberty without a Magisteriall Inhibition, and no more may you deprive me of any thing more then you have Authority or Warrant to do. Yet notwithstanding he still denied me of that my just liberty: whereupon I knock’d for the Drawer, and told him that I would try what I could do, for I would not voluntarily suffer them to take from me so much as any breadth of my liberty, that I would not onely stand for my own rights, the common rights and immunities of this Nation; but even for the naturall Rights of themselves in particular, and of their posterities, though themselves had dealt so unfriendly and barbarously with me as mortall enemies, thus not onely pleading, but working, yea and fighting for their own bondage.

Then being urged by some of their frivolous speeches, that my carriage would make worse both for me, and others: I affirmed on the contrary, my carriage was such that it would go well with me so long as I stood to the Law, and such like discourse; and thus I addressed my self unto them.

Gentlemen, I am resolved by the grace of God, that whatsoever either you, or any man, or men shall do against me, I will not let go (by my own or proper consent) the [Editor: illegible word], jot, title, or bare-breadth of the just Rights, freedoms, or liberties either of my self, or of any other individuall, or of this Nation in generall: stand or fall, live or die, come what come will, on this I am resolved, hoping so to deport my self according to the Rule of Reason, equity and justice, that if I suffer, it shall not be for evill, but for well-doing, and righteousnesse sake, for which is promised a blessing. And adding this further, that in case, through the tyranny and injustice of some, I should suffer, that notwithstanding that I did not doubt, but in my sufferings it should appear unto them, that it was a friend of theirs, and of this Common-wealth, which by them was thus violently and illegally assaulted, and kept by force of Arms.

Now during a great part of this time, the said Eeles with some Musketeers went out of the Tavern, and staying a great while, at length they returned, and as soon as they came in, they would have needs perswaded me that they had taken a Printing Presse, and Printing Materials of mine. But I answered, their bare affirmation was no sufficient proof, and it was necessarie first to prove before they did affirm it: Then this Eeles commanded me to go along with them; But I told him I was resolved not to stir a foot with them, except it were by violence; and if by violence, then it were not mine (as I said before) but their own act. Then the said Eeles took me by the hand, and drew me along out of the house, and so led me through the streets in that contemptuous and disgracefull manner amongst my neighbours, being strongly guarded with armed men, as if I had been a Traytor, or a Fellon, so that the streets were fild with people, of whom I was abused in a most scandalous, scurrulous manner, by base and evill language.

Whereas for my own reputation, I was forced to declare unto the people as I went along the streets, that I was not apprehended by any Magisteriall Authority or Warrant, but by violence, and force of Arms. Then the said Eeles call’d me Tub-preacher, and told me that I preached in the streets; and did this on purpose to raise a mutiny: and if I would not be ruled, he would tye me neck and heels together. Then I bade him do his worst, for I defyed his cruelty, and scorn’d his mercy. Then coming to St Mary Overies stairs, they forc’d me into a Boat, and brought me to Westminster-stairs; and when we were landed, this Eeles took me by the hand, and the said Eveling with his Pistoll ready cock’d on the other side, with the Musketeers for their guard, I was by them contemptuously led through Westminster Hall, and so unto the Lords House. And coming to a private Chamber, where (as it seems) sate a Committee of Lords, as they so styled themselves, whereof the Earl of Essex, and Lord Hunsden, and others were.

Then the Earl of Essex demanded of me whether I were a Printer, or no? To whom I answered, Sir, I will not Answer to any Questions or Interrogatories whatsoever, which may infringe either my own liberty, or the properties, rights and freedoms of this Nation. Whereat this Eeles standing by, said in a most scornfull deriding manner, that I was one of Lilburns Bastards. To whom I replyed, that I was free-born; and demanded of him wherefore he call’d me Bastard? But the Earl of Essex commanded his silence; and askt me the second time if I were a Printer? To whom I answered again, that I was resolved to stand to the rights, and properties of the people of this Nation, and therefore I would not Answer to Interrogatories. Then they speaking nothing to me, I desired of them to know where, or before whom I was. Then the Lord Hunsden said thus, You are before a Committee of Lords which is the most Supream Court of Judicature in the Land. Then I answered, What! is a Committee of Lords the most Supream Court of Judicature in the Land? Then the Lord Hunsden said, You’l make what you list of it; I say not so. To whom I retorted thus: You say that I am before a Committee of Lords, which (Committee of Lords) is the most Supream Court of Judicature in the Land. Then the Lord Hunsden answered again, that he did not say that, that Committee of Lords was the most Supreme Court of Judicature in the Land; but that the House of Lords was the most Supreme Court of Judicature in the Land.

Here by the way may be observed, the most insufferable encroachment, and usurpation of those Lords over the priviledge, supremacy, and soveraignty of the House of Commons. For be it granted that the Lord Hunsden did not intend in his minde, that the Committee of Lords was the highest Court of Judicature of the Land; yet he both said it, and meant it of the House of Lords. Now then whether the House of Lords be the Supreme Court of Judicature in the Land, may be easily known, if it be but considered by whom they were chosen to sit in Parliament: and if not by the Cities, Counties and Burroughs of the Land, then are these Lords neither Lords, nor Representers of the people. And if they be neither Lords, or Representers, then at most they cannot be Representers of so much as their own Tenants, but rather Presenters of themselves in the Land, and therefore must of necessitie be subordinate to those who represent the whole Nation; for by the rule of right reason, the lesser must needs be subject to the GREATER.

And therefore it was wisely and rationally provided by our predecessors, in the Great Charter of England, that the represented should be tried by the Representers, the Commons by the Commons in criminall cases. For indeed the peoples soveraignty and power is onely in that their great and Supreme Court resident and forceable onely, whereunto it is conveyed by their election, consent, and approbation: so that these Lords are not Lords of the Commons, nor so much as of their own Tenants, save onely in exacting of their Rents (though thus unjustly they do usurp it) but are Lords onely in or among the Commons, and so is every man Lord of his own property, how little or great soever it be; And therefore these Lords and the whole people must all be subordinate and subject to the Great Representors of the Land: But it is strongly reported, and much suspected by some, that these Lords (as their late exorbitant Actions and sayings give too great cause of surmise) would if they could paramont the House of Commons in an absolute soveraigntie of power, and so subject both them and the whole Commons of England, whom they represent, to their own Lordly, as well as to their Master the Kings DOMINATION.

For indeed were they the supreme Court of Judicature in the Land, then by vertue of that Judicative power, they might (in cases of the Commons non-concurrence) act and move alone by themselves, make Laws, Edicts, Statutes, &c. without the House of Commons, at their own Arbitrary pleasures [which usurpation would prove most desperate, and dangerous, and destructive: and therfore it behoves us to be wary and wise, for such men have ever been too subject to be puffed up with ambition and pride.] But the Power Legislative is onely resident in the House of Commons, originally derived, and legitimately issued to them from the Commoners; so that the King himself, and Lords together, cannot devise, make or establish, abolish or reverse any Law without the Commons But in cases of their non-appearance or departure, the Commons ever might do all those things. In probation whereof, I will annex the Reasons of Master John Vomel, printed Cum Privilegio, and made use of by Mr: Pryn in his Soveraigne Power of Parliaments, pag 43

When Parliaments were first begun, and ordained, there were no Prelates or Barons of the Parliament; and the Temporal Lords were very few or none: and then the King and his Commons did make a full Parliament, which Authority was never hitherto abridged: [else how could the Commons have cast the Lords Spirituall from the House?]

Again, every Baron in Parliament doth represent but his own person, & speaketh in the behalf of himself alone: But in the Knights Citizens and Burgesses are represented the Commons of the whole Realme, and every of these giveth not consent onely for himself, but for all those also for whom he is sent. And the King with the consent of the Commons had ever a sufficient and full Authority to make, ordain, and establish good and wholsome Laws for the Commonwealth. Wherefore the Lords, being lawfully summoned, and yet refusing to come, sit, or consent in Parliament, cannot by their folly abridge the King and Commons of their lawfull proceedings in Parliament: Nor yet the King in his absence abridge them, as Mr. Prin bath largely proved it in his Soveraigne Power of Parliaments. Which therefore is the Supreme or Upper, the House of Commons, or the House of Lords, I think may by this very easily be resolv’d. But to return to the Relation.

When the Lord Hunsden had call’d back his words, a Journeyman Printer began to prate against me. Then I askt him, whether he were a Lord or no? and who call’d him to speak? But the Earl of Essex commanded him to hold his peace. Then I told them, that in my proper place I would make my defence. Then the Earl askt me where was that? I answered, Gentlemen, if you be a Committee of Lords, then I appeal from you (and so consequently from the whole House of Lords) to the Commons, I mean the Knights and Burgesses assembled in Parliament, by the free Election of the people. Then the Lord Hunsden laughed at me, and in a most scornfull deriding manner (as if it were such a ridiculous thing to appeal to the Commons) he tauntingly said, What? will you Appeal to the House of Commons!) This is Lilburn-like, he must appeal to the House of Commons indeed; but when he came into Westminster-Hall, to whom then would be appeal?

Then I was commanded forthwith out of their presence into the next Roome; where standing till that most supreme Court of Judicature in the Kingdom was risen, and as the Earl of Essex passed by me, I gave him an humble salute; and that done, I put on my hat, the which the Earl espying, said, Look he stands with his hat on. Then I putting off my hat, and in a most courteous lowe manner gave him an other salute, saying, I would give unto him, as he was a Gentleman, all courteous and civill respect: that done, I put on my hat again. Then the Earl commanded my hat to be pluck’d off: whereat a Gentleman said to me, Sirra, pluck off your hat, and presently he snatch’d it off.

By this we may see what State those Lords (which in no wise doth personate or represent the Land) usurp over the Commons, as if by them they should be adorn’d as Gods; being not sufficient that persons should stand bare to them when they are in Court of Judicature, but at other times also: it is more then any one of the Upper House (to wit, of the Knights and Burgesses Assembled, both their Judges and mine) would have exacted or required.

Then some certain space after I was brought before the House of Lords; and coming to their Bar, I gave them most humble and lowe obeysance: which I mention by reason it was otherwise reported: Then the Speaker demanded of me, whether I were a Printer, or no? To whom I answered: Gentlemen, I am resolved not to make answer to any Interrogatories that shall infringe my own property, right or freedome in particular, or the rights, freedoms and properties of the Nation in generall. Whereat the whole House of Lords in a most scornfull deriding manner laughed at me, as I then conceived on purpose to dash me out of countenance, and so to hinder or weaken my just defence: but I replyed: Gentlemen, it doth not become you thus to deride me that am a prisoner at your Barre.

Whereat I was forthwith commanded out of their presence. Thus we may see to what a heavie case, and sad condition, all of us are come, that a free Commoners challenging of his own properties, rights and freedoms, must be had in derision thus openly amongst the House of Lords: and that whilest they even sit in their Supreme Court of Judicature, as they call it: as if the Seat of Justice were a place of derision, mockerie, laughter and sports; and not of Judgement, gravitie and justice: except it should be said, Such carriage, such Court. For indeed Comedies, Tragedies, Masks and Playes are far more fit for such idle kind of men. Besides it is not onely rude, uncivill, and dishonourable to those who hunt after honourable titles, and the highest places of Magistracie, but even to Magistracie it self, and therefore intolerable; for it is such an occasion of discouragement to the party arraigned, and so of disabling him in his legall and just defence against both those and other their illegall proceedings, as will scarce ever be obliterated or forgotten.

And therefore these Lords in this transcendent manner passing the bounds of that Magisteriall gravitie, discretion, modestie, and civilitie, which becometh Judges, I might well tell them that such behaviour did not become them, far lesse to me a free Commoner, with whom they had nothing to do. And being carried back to the place where I was first examined after the Superlative House arose, the Earl of Essex passing by asked me, If I had not been a Souldier, saying, it was no question which would infringe my liberty. To whom I answered: Sir, be pleased to forbear Questions, for I am resolved to answer to no Interrogatories at all. Then a little after they made my Mittimus, and sent me to Newgate Goal, a Copie whereof is as followeth.

Die Mortis 11. Augusti. 1646.

It is this day Ordered by the Lords in Parliament assembled, That Overton brought before a Committee of this House for Printing of scandalous things against this House, is hereby committed to the prison of Newgate for his high contempt offered to this House, and to the said Committee by his contemptuous words and gesture, and refusing to answer unto the Speaker. And that the said Overton shall be kept in safe custodie by the Keeper of Newgate, or his Deputie, untill the pleasure of this House be further signified.

Jo: Brown

To the Gentleman Usher attending this House, or his Deputie, to be delivered to the Keeper of Newgate, or his Deputie Cler: Parliam.
Examinat: per Ra: Brisco
Clericum de Newgate.

Thus (Sir) I have given you a full view of the most materiall proceedings, whereby you may perceive the illegality, injustice, and tyrannie of the House of Lords (vulgarly so styled) against me; the which were it simply against me in particular, it were of lesse moment; but insomuch as these Lords have intrenched actually upon the rights and properties of one Commoner in particular, they have done it virtually unto all, for by the same rule they have made this inroad upon mine, they may do it unto all: and indeed answerably they act, proceeding from one Commoner to an other, as the now depending case of these worthy and famous sufferers for their Countreys rights and freedoms in conscience, person, and estate. Liv: Coll: John Lilburne, and Mr. William Larner with his two Servants doth evidence to the world; so that if I should not have made opposition to this their violent progression and inroad upon us, I should not onely have betrayed my own Right, but (as much as in me lieth) my Countreys; with which infamy, basenesse, and infidelity I hope I shall never be stained.

But (Sir) if I may further trouble your patience, I desire you to observe the nature of this my Commitment; First, it pretends a Criminall Fact against me, to wit, the printing of scandalous things; but in case I were as criminall as is by them pretended, and it could legally be proved against me, yet they well know (however they presume) that they have no power of themselves over Commoners to passe upon them try, sentence, fine, or imprison any of them in criminall offences, and that this their presumption upon the Commoners is a Breach of the Priviledge of the House of Commons, to wit, as if the Soveraigne power were not in the Body Representative, but in themselves originall, and from them derivative, and not from the people. For the Soveraigne power to passe upon, try, sentence, fine or imprison, can extend no further then whereto it is conveyed, but from the Representers to the Represented, if the Soveraigne power is onely conveyed, and no further: Therefore these Lords being none of the peoples Vicegerents, Deputies, or Representors, cannot legally passe upon any of the Represented, to try, sentence, fine, or imprison; but such their actions (exceeding the Soveraigne compasse) must needs be illegall, and Anti-magisteriall.

And therefore as by that Soveraigne power conferr’d from the people upon the House of Commons (as I was bound) I made my Appeal unto the said House, refuting altogether to submit unto that usurpation of the Lords over the peoples properties, and Soveraignty of the House of Commons, the Body Representative, to which all Appeals are finally to be made from all other Courts and Judges whatsoever; yea from the Kings own personall resolution, in or out of any other his Courts, yea such a transcendent Tribunall it is, as from thence there Is no Appeal to any other Court, person, or persons, no not to the King himself, but onely to another Parliament: and therefore much more may our Appeals be made thereunto from the Lords.

Secondly, it declares the reason of my Commitments, to wit, for contempt against the House of Lords, and Committee of the said House both in words and gesture: but how contemptuous I was in either, by this Relation you may judge; for my gesture both before the Committee, and the whole House, was with all humble, lowly, bended obeysance, standing bare-headed before them. And if this gesture were of a contemptuous nature, let the world judge: for the other gestures and motions of my body, indeed they were according to the ordinary course of nature, I went with my face forward, set one leg before another, and the like; and if that were contemptuous, it is more then ever I was taught. Their Lordships might do well to send me to Dr: Bastwicks School of Complements, that I might have a little more venerable Courtship against the next time I appear in their presence.

For my words either before that House, or the Committee thereof, I cannot see how they can be contemptuous, except the manifestation of fidelity and resolution for the property, freedome, and liberty of the people, or indeed the making of Appeal to the House of Commons is become a contemptuous thing amongst them.

For both the one and the other was made a derision amongst them. Which gesture of theirs, might there be one impartiall judgement without respect of persons, would justly incur the censure of a more dishonourable and contemptuous nature, even to the People in generall, and to their Soveraigne Court, their own House of Commons in particular: for in the judgement of equity, the Greatnesse of men doth rather adde then diminishe, aggravate then detract from their evill. But it may be they took it in foul scorn and contempt, in that I gave them the Appelation of, Gentlemen, and of, Sir, to the Earl of Essex; But how such titles or terms could be taken in contempt, except by the spirit of pride and ambition I know not, I am sure not by the spirit of meeknesse and humility, (with which I think their Honours are not very much acquainted) for after the use and culture of the Nation they are termes of reverence, civility, and respect; but it may be, they expected more lofty, arrogant, ambitious titles of Lordship over the people, the which I forbearing, must therefore be censured, a contemptuous fellow, and be answerably rewarded with a take him Gaoler: But first they must prove themselves Lords of the Commons, before the forbearance of such titles to them be accounted and condemned as contemptuous, and legally worthy of imprisonment: Indeed they are Lords over their estates, Lands, Goods, Servants, and the like; but blessed be God, as yet they are not such Lords over the Commons, and people in general; neither yet have they legally Lordship in matter of judging, to passe upon them, condemne them, fine, censure, or imprison them in criminall things. But if for their vertues, gravity, judgement, and fidelity for the common-good they will stand to the election of the people to their Parliamentory honour, then such of them (for their virtues so chosen) may have the Title thereto, as well as the rest of the House of Commons.

Sir, this might be sufficient for this matter, yet I shall trouble you with one consideration more about it.

All contempt, opposition, or disobedience of Magistrates can be no other but such as respecteth the Statutes, Laws, and Ordinances Magisteriall, for it is the Laws onely which dignifie and distinguish them from common men and indeed such disobedience or contempt is properly against the Law, and so such contempt can at the most be but by imputation from the Law to those that are the Ministers thereof, and where there is no Law, there is no transgression.

But there is no Law, Statute, or Ordinance to binde the people of this Nation to any certain and precise form of Titles to be given to these Lords, to this or that supplicatory phrase, as, Right Honourable, may it please your Honours, my Lords, and the like; but it is left to the disposition, discretion, choice and freedome of the people, to give them what titles and terms of civility, reverence, honour and respect as seemeth good unto them; and so answerably I did. So that wherein, or how I am guilty of any legall contempt, as yet I am ignorant: If they have any Law, Statute or Ordinance to binde us in this case, then let them produce it, and let me suffer the penalty thereof.

Indeed, it is confess’d, that all Acts, Statutes and Ordinances Parliamentory do run in the name of Lords Temporall, as well as of the Commons Assembled in Parliament. But I answer. So have they done in the name of the Lords Spirituall, and when these Lords Spirituall were in their full power and pomp, was it transgression of any Law to forbear them the Titles, of My Lords Grace, William Lord Archbishop of Canterbury his Grace, Primate, and Metrapolitane of all England, and the like; yea, we have manifold proofs, examples and instances that it was no transgression at all. And so the same I demand concerning these Temporall Lords; Is it any sin, any breach of the Law now, to forbear them their towring, lofty, high-flowne titles of illegitimate honour, which are like steeples above the Commons, and instead thereof to give them good honest titles, and terms of civility and respect when we have to do with them, more then of old to forbear the Lords Spirituall their forementioned titles; when as those Bishops were every wayes more potent and powerfull then these Lords Temporall are now, or ever were.

But for the seasonable reproof which I gave them, sure they will be ashamed to account that as contemptuous, for it is the highest degree of Infamy for any man high or low, rich or poore, King or beggar, to be so indulgent to vanity and folly, as to be scornfull of a deserved reproof, and account it as a contemptuous thing, for of such an one there is no hope. So that I suppose (in the judgement of equity) I shall no more deserve to be adjudged contemptuous, for telling these Lords, That it did not become them to mock and scorn a prisoner, whom they had unjustly at their Bar, then Samuel and Himani were for telling King Saul and Asa, that they had done foolishly. 1 Sam. 13.3. 2 Chron. 15.9.

Lastly, this Order of the Lords pretends yet an other reason or ground of their imprisonment of me, namely, For refusing to Answer unto the Speaker: which by interpretation is as much as to say, Because I would not be again intangled with the late High-Commission bondage of Interrogatories (from which the Act for the Abolishment of the Star-Chamber hath made us free) therefore I must go to prison. Surely these Lords are very rash and inconsiderate, or else extreamly forgetfull of their late Votes and concurrance (however they were in their hearts I know not) with the House of Commons, against the illegality, injustice and tyrannie of such Interrogatory proceedings, that still upon such illegall grounds they should imprison the free Commoners of the Land, who by the fundamentall Laws thereof, and by this present Parliament are all legally freed from that bondage forasmuch as it is extreamly opposite, and destructive to their Great Charter of Freedoms; and so of themselves severally, their persons, estates and liberties: For thereby the Innocent are made lyable to the circumventing querks, and subtle devises, gins and traps of the crafty, secretly and insensibly couch’d to destroy the Innocent with the guilty, even to make them a prey to the malice and tyranny of the wicked; for by such their winding, turning, over-reaching Interrogatories, the simple plain-hearted, and ignorant, bring unacquainted therewith, are unawares, enforced to some inconsiderate Answer, whereby such an one is made an Offender for a word, yea guilty of that whereof he is innocent, and so accordingly unjustly proceeded against: whereas Religion, Reason, yea Nature it self doth abhor, that a man should betray, spoyl or destroy himself either of life, limbe, or liberty; for it is a principle in Nature, implanted by the finger of God, for every living moving thing defend and preserve it self from all things hurtfull, destructive, or obnoxious thereto; and this we see by daily experience is [Editor: illegible word] bruit beasts of the field; and shall then be worse then beasts? Oh ineffable, unreasonable, and inhumane! It is against flesh and blood, it is against the kind, yea against the Law of God, for a man to destroy himself; one that so doth, is guilty of no lesse then murther; and if so, then what are those, which force him to it?

Moreover, the very Law of the Land, (which of it self is a Law of Mercy, and respect in those things) bindeth no man to betray himself, for it saith, Nemo tenetur prodere seipsum; no man is bound to betray himself. I by the witnesse of honest and lawfull men of his equals (not of infamous persons) he be found guilty, then the sentence and censure of the Law must passe upon him according to his guilt, otherwise he in the eye of the Law is free, and at liberty: And therefore this present Parliament hath abolished the Star-Chamber, and High-Commission Courts.

And for these considerations I would not subject my self to those exploded, abolished, illegall, High-Commission, Interrogatory practises, refusing to answer unto any Interrogatories whatsoever, whether with me or against me, putting my self upon the legall course of the Law, not because I could not have clear’d mine innocence before them, but because I would not let go my own right and property in the equity of the Law, or be an evill president or pattern unto others, whereby they might again be entangled with this old, barbarous, illegall, Episcopall bondage by my example; rather subjecting my self to imprisonment, or to what else may unjustly be inflicted upon me or mine for my so doing, then to save my self, and my own in particular, and betray my Countrey, and Countreys in generall.

And for this I must be thrown and lie in the most contemptuous Goal of Newgate, to the undoing of my self, my wife, and children, untill the pleasure of these Lords (not the equity of the Law) be further signified: And thus to their pleasures, not to the mercy and benefit of the Law, the Free Commoners of England must be made subject: So that who can judge otherwise, but that their Laws, lives, liberties and estates are hereby made a prey to their Arbitrary pleasures? But I hope the House of Commons will no longer sit still, and behold their Lordships thus to devour up the Commoners of the Land one after an other, as if it were a far off thing, and did not so neerly concern both themselves and the whole Commons of England, who are present, and are bound to defend; for you see these Lords have got Liu: Coll: John Lilburn, Mr. William Larner, and my self also into their Jaws; and for ought I see, such is their greedinesse, that we are all likely to be swallowed down quick, except the House of Commons step in with a present delivery: but however their Lordships may pray that Little Martin come not into the number, for he’l serve their Arbitrary pleasures, their Prerogatives, and all such other their toyes and trinkets which are not for the weal of the people, little better then the Presbyters Tyth-cocks, milk pails, bowls and cream pots, &c. See Mar. Eccho, and Arraignment of Persecution

Thus (Sir) I have presumed upon your patience to empty my self of those present conceptions, which (though tedious) I suppose of your self will be taken in good part, and therefore I have the more emboldned my self to open my mind freely unto you, being strongly assured of your good construction. But lest through some accidentall means these my papers should become publick, I would have the world know, that the premises, words or sentences therein contained, are not intended against any person, or persons, to wit, of Kings, Lords, or others therein mentioned, or for the Alteration of Government, by the fundamentall Laws of this Realm established, or for the depressing of any Magisteriall officers from their true Magisteriall Functions and Offices, as may unhappily by some evill minded men be concluded; but the whole matter both for word and circumstance of the premises aforesaid (to you directed) is simply and onely against illegality, injustice, oppression and tyranny over the free people of England, their rights, properties and freedoms; whether by Kings, Lords, or any other unjustly and illegally exercised upon them, and this and no other meaning, sense, or signification of the foresaid matter, words or sentences either in part, or in whole is intended or meant; and therefore in that sense onely, and no other whatsoever, I present them unto you, or to whomsoever they may come, to be accepted and construed: for indeed I do professe my self an absolute enemy to all injustice, tyranny and cruelty whatsoever, or in whomsoever, and no otherwise.

Thus, Sir, with the remembrance of my love, and kinde respects unto your wife and children, and to all other our Christian friends and brethren, I rest

From the most infamous Goal of Newgate. Mine own no longer, but yours, and my Countreys, till death separate us.
August, 17. 1646. R. Overton.

The Publishers to the Reader.

Courteous Reader, we have been demanded of many, whether or no this our worthy friend, be that reverend peece of sanctity, usually dignified or distinguished by the name of Young Martin Mar-Priest? Unto whom we have given the same answer, that was given by the parents of that blind man mentioned in the Gospel, when the Scribes and Pharisees asked them, by what means he received his sight? He is old enough (said they) ask him, he will answer for himself: But here’s the mischief, that this our honoured friend, will not answer to Interrogatories, as we our selves have refused to do in this matter, and so they not a whit the nearer to be resolved.

But howsoever, whether he be that young Martin, or some other bird of that feather or no, it is no disparagement to his worth; for although some neutrals (that are neither hot nor cold) are far readier with their railing words (then good deeds to any in distresse) to endeavour rather to blaze the infirmities, then expresse the vertues of all such as do surpasse themselves in any publick good, yet both this our loving friend, and some other worthies, chiefly those in bonds, have not onely laboured more abundantly, but stood more constantly then thousands of such self-lovers and temporizers; the one in truly informing the free Commons of England (both by word and writing) of their just freedoms as well spirituall as temporall; and the other so valiantly opposing all sorts of Arbitrary usurpers whosoever, whether Kings, Lords, Commons, or Clergie, without respect of persons, and that in defence of those freedoms, not onely in the behalf of themselves and posterities, but likewise of all the Commons of England in generall, whether friends or enemies.

In which doing & opposing, if this rare man, or such as he be either neglected or traduced, by those of whom they ought to be maintained, encouraged and advanced, chiefly now in their suffering condition, for the just common cause, as thus standing in the gap for them and all the free Commoners of England (even as well their mortall enemies as dearest friends) whereof too many are not indued with such fidelity, magnanimity nor ingenuity, if they were or had been so tried and winnowed as these, will it not be very just with God, that he permit such ingrate, double minded, time-serving, and self-seeking men to be intangled again with the yoke both of spirituall and temporall bondage, wherewith both God and man have made them free, that will not so much as speak a good word, far lesse do a good deed, to those that stand thus fast for them, who have not spirit nor courage to stand for themselves; and that now after the loosing of so many thousands of lives, and multitudes of estates, both in defence and recovery of these our just freedoms? Yea, and this persecuted means of unlicenced Printing hath done more good to the people, then all the bloodie wars, the one tending to rid us quite of all slavery; but the other onely to rid us of one, and involve us into another. Farewell.

FINIS

T.76 (3.17) [William Walwyn], A Demurre to the Bill (7 October 1646).

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T.76 [1646.10.07] (3.17) [William Walwyn], A Demurre to the Bill for Preventing the Growth and Spreading of Heresie (7 October 1646).

Full title

[William Walwyn], A Demurre to the Bill for Preventing the Growth and Spreading of Heresie. Humbly presented to the Honourable House of Commons.

Estimated date of publication

7 October 1646.

Thomason Tracts Catalog information

TT1, p. 468; E. 356. (5.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Wee beseech you for the great love you have from the people, that you will be cautious in determining any thing in this businesse of blasphemy & heresie; and that you will resolve to doe nothing therein, but what shall evidently appeare to be just and agreeable to the word of God.

Our feares are great; that those who urge you so much to suppresse heresies and blasphemies, have their own unjust ends therein, and the enslaving of the people to their wils: To estrange their affections from you; and to make them out of love with Parliaments.

For what is it you are urged unto; but in effect to establish a very inquisition, to be as a curb to all those that oppose the doctrines and oppinions of the ministers, or will not without reasonings or disputings submit their faith, practise and purses to their wils.

It is not to be supposed but that these desires and motions, have their rise and birth from them, whose purpose it is to make you Instruments of their cruelty; certainly they have digged deep, and are grown confident you are fully underminded; they judge you believe you are; and that you are so fully captivated by their policies and stratagems, that you dare not but doe what they desire? though never so unjust or distructive to your selves.

It cannot be; they should think you so ignorant as to believe they make these desires out of zeale to God, to Christ or his word; they are assured, you not only doubt, but know they doe it only to make you instruments, to subject the people to their no lesse then popall tyrany, they know you know it to be so, and think they have you upon such a lock as you dare not deny them.

But will you now feare the power of a Clergy, so lately raised out of the dust by your selves; when neither the power of the Court; and a long setled Clergy united, hath been able to stand before you; there is nothing for this Parliament now to feare but God.

The Clergy doe but presume, and like the Prelates doe things hastily, that will speedily make them odious, and be their ruine.

The people already generally see through them, they have waighed them in the ballance and find them light, a delusive, covetous, violent, bloody, imperious sort of men, no more like the Apostles or Disciples of Christ, then Simon Magus was; there is nothing so much in discourse as their pride and coveteousnesse: That it is they who set Nation against Nation, and neighbour against neighbour, and to have their will, set even all the People together by the eares; their craft and pollicies are worne threed bare, and their credits and reputations is grown low in the Peoples esteem, and therefore doe they make hast unto you for some reall power.

And because they would prevaile, they seem to be advocates for God, for Christ, for his word, for the precious soules of men, transforming themselves into this shape of angels of light, in hope to deceive the very Parliament it selfe.

Wee beseech you to looke upon them without dread, without superstition; with open eyes, see through them to their ends, and you will see they mind only themselves, to set themselves above you, to trample upon the People, who yet trust you will preserve them from so great a bondage.

1. First for their desire concerning heresie: for I presume I may safely call them theirs first: for it is not probable they know any person that doe deny and maintaine there is no God, if any such were they would no doubt ere this time have been brought to light, by these searching inquisitive Church-men: their purpose in this particular seems to be no other then to keep men in awe & feare of affrunting them in their arguments, to have advantages against any that hold any set discourses, and to beget in men a superstitious beliefe of any thing they say, without any examination of their grounds and reasons

2. In case any being ignorant, maintaine the contrary, can it be judged in wisdome or justice, an equall thing that they should therefore be discharged? Would it not farre better become us to endevour the enlightening of their understanding, or to waite Gods leasure till he doe it in his due time, rather then by their death to make sure that it shall never be done.

3. Men are not borne with the knowledge of this more then of any other thing; it must therefore either be infused by God, or begoten in us by discourse and examination as other things are; if it be infused, we must waite Gods time; his season is not the same for all, though happily one mans understanding may be opened at the first or second houre, another may not till the eleventh or last houre.

If by discourse and examination; then every man must have liberty to discourse thereupon; to propose doubts, to give and take satisfaction, to scruple, argue, or doe any thing that may firmely establish our minds in this prime and fundamentall truth.

4. Wee beseech you let not God and the truth of this being, be so excessively disparaged as not to be judged sufficient to maintaine it against all gainsayers, without the help of earthly power to maintain it; Let Turkes and those that believe in strange gods, which are indeed no gods: make use of such poore and infirme supporters of their supposed deities; but let the truth of our God, the only God, the omnipotent God, be judged aboundantly; able to support it selfe; tis a tacite imputation of infirmnesse, to imagine it hath need of our weak and impotent assistance.

5. If there be any feare that for want of such a terrour and penalty as is desired, men will take greater liberty to be vicious; Let the strictnesse and severity of law be multiplied tenfold against all manner of vice and enormity: Let some course be taken and charge given to the publique speakers, that they spend lesse time about controversies and entrigate disputes; and divert the streame of their discourses against the uglinesse of vice, and let forth the lovelinesse and excellency of vertue and true piety; that so all men may be inamoured therewith, and hate whatsoever is vicious with a perfect hatred. Concerning those that deny the unity of God: His eternity, presence or omnipotency; the divinity of Christ the purity of his manhood: the distruction of the two natures: the sufficiency of his death, and suffering for the satisfaction for our sins: the Trinity: resurrection, or judgement to come: or any other position mentioned in the former part of the desired Ordinance.

Those Miserable men I say, that through ignorance maintain any of these particulers: must they therefore be put to death? Is there no way to cure the blindnesse of their understandings, but by taking away that and life together? Is it not misery sufficient to these unhappy men that they are deprived of that knowledge, which is the principle comfort of this life: a support to us in afliction, the joy and solace of our soules?

But must they for this their infirm filicity loose their lives also? What precept I pray have wee for so doing? What command or Authority from Scripture? Was there ever any injunction given by Christ or his Apostles for the extirpation of the Romans or any others that denyed our God; and multiplyed other feighned gods to themselves? Can we think the name of God was lesse precious to Christ or his Disciples then it is to us? The Apostles way was to make the unknowne God, to be known to ignorant men; to remove errour by the sword of the Spirit and soundnesse of argument; not by punishment or death: If worldly strength had been judged the best and meetest way for the implanting the Gospell, God would with a word have furnished his servants there with: He could have chose to him out of the greatest and most potent upon the earth, or have made the Apostles: which seeing he did not, it evidently sheweth that his truthes are not to be propagated by strength and the sword: Nay we see rather it was his way to give all errours the advantage of worldly power, and trust the establishment and support of truth to its own effecacy, upon assurance whereof, he sent it abroad by messengers of meane condition, of no power in the world, as proposing it as his end to convince, not to compell, to conquour the under standing by the glorious and shining brightnesse of truth: and not subdue it by force of armes, by fire and faggot, by the hatchet or halter: Christ and his Disciples were frequently with the Sadduces, that denyed the resurrection, and by consequence the Judgement to come: yet wee find not that they ever Instigated the Magistrate against them: and though there were heresies in their times, as many and as grosse as there are said now to be; yet our blessed Saviour shewes no zeale against them; the most that ever he exprest was against hypocrisie: the oppression of the Pharises, the cruelty of Herod, the pride and imperious mastery of the Scribes and Doctors of the Law: for Matters of opinion there was a toleration no man was molested: and it is exceedingly to the honour of Christianity: Yet of it selfe notwithstanding its low beginnings and despicable appearance at first, through the inherent and essentiall excellency and power that inseperably accompanies it, it was able to erect it selfe, and spread its branches about a great part of the world: let us not therefore make use of other meanes then Christ used; nor flee to those poore, refuges of civill power, which he purposely avoided, let us not now cast a blemish upon our profession: Let us not now undervalue it, by thinking it cannot stand without crutches, or that errour unlesse the Magistrate assist, will be to hard for it.

For blasphemy, if thereby be ment, a reviling or speaking evill of God, his Christ or his word; It is but meet that some fit punishment (as the word clearely imparts 1. Tim. 1. chap. & 20 ver. compared with 2. Pet. 2.10. Judg. 8.10.) should be appointed for restraining thereof, as also for any other evill and reproachfull language, against either men or opinions: though reason, and argument is allowable and necessary for the finding out of truth, yet reviling railing, bitter taunts, and reproches, tends to the disturbance of civill peace, and proceeds from a maligne and a distempered mind, and are therefore justly restrainable; But surely the punishment mentioned of burning in the cheeke with a hot Iron, is to rigorous and severe, I shall not prescribe, but leave it to your discretion.

For the supposed errours summed up in the latter part of the desired Ordinance, though many of them are disallowed by all, yet some of them are esteemed truths by the Anabaptists, some by the Brownists; some by the Independents, some by the Antinomians, and some by all of them: And such truths as they doe as really esteem themselves bound to maintaine, as the Presbyterians doe any of their tenets, this Ordinance therefore is like a insurrection of one sort of men against another, the purport and desires thereof in effect being that all the Independents, the Brownists, the Antinomians, the Anabaptists that have so much courage left, as to hold fast that which they account good, should be imprisoned till they can find two subsity men that will be sureties for them, that they shall never professe nor practice what they esteem truth any more.

Have these sorts of men been invited (though indeed they needed no invitation) to venture their lives and estates for their Country; and is this the reward? What could these good mens persons have been worse, had they been conquered by the Enemy? Since if this Ordinance takes effect, they must lead the remainder of their lives in a prison; and after they have got the victory be cast into bonds: I cannot perswade my selfe but that the Presbyters themselves, the ingenious I meane and meekly disposed amongst them, must utterly dislike this motion, as savouring not only of ingratitude and inhumanity, but of injustice; neither can I think but that the Honourable House of Commons will shew tendernesse to those sorts of men, from whom they have had reall affection, assistance protection, besides many excellent services and performances: and expresse no other then a detestation of such imperious and unequall desires, evidently tending to enslave them.

Though wee will not contend who has done best service for their Country, in the time of its straites and necessities, yet the presbyters sure themselves will acknowledge with us, that these sorts of men have not been backward in emptying themselves here at home, and powring out their blood abroad, thinking nothing to deare for their Country, and all in hope that the worke being done, they should perticipate of its peace and freedome, but the enemy being subdued, and freedome being now expected of serving God according to conscience, as a recompence for all the miseries and calamities Independents and Separation have indured for their Country, and amongst others, for the Presbyters: And instead thereof, motions are made that they maybe put out of all Offices and imployment in the common wealth (and not only so, but it is further intended) by this desired Ordinance that they may be put in prison.

1. If this dealing be just or any waies pleasing to Almighty God, let the Presbyters themselves judge? Let it be considered first, that in matters of Religion, no sort of men have no just power to determine for another: neither are the Presbyters computent judges of the Independents or Anabaptists &c. no more then they are of the Presbyters.

2. That those tenets which are now accounted heresies, may be in the countenanced truthes of the next age; as what formerly was accounted errour, is now esteemed truth; every man is to satisfie his own conscience, the best he can, and doing so, walking, likewise according to his light (which is now principally wanting) it is as much as in equity can be desired; consider that though the bondage of the Presbyters seems not to be included within this Ordinance; yet being and setled, the Ministers having such a foundation to work upon, they will extend it to all, and the Presbyters themselves not complying in all things to their desires, shall by questioning, catechizing, or some other way, be look within in the verge of its power.

4. Our bretheren the Presbyterians, having no assurance that they shall not change their minds, and therefore it may so fall out, that the rod they provide for their discenting brethren to day, may whip them to morrow, and Mordecaies gallowes, may serve for Hamans execution.

5. We may very well dread the tendensie of the government wch in its first desires is so rigid and bloody minded, what will it in time grow up to? what will its corruptions arise to? We see how frequent it hath been to pervert the end of Lawes, and extend them beyond the intentions of the Law-makers: The Law against meetings in private, was intended for the security of the Nation against conspiracies and traitorous plottings against the State: But is wasted by the malicious men, and made to serve their turne against the godly people, and men best affected to the State, meeting together to worship and to serve God: The Statute against Recusancy, was intended against Papists, but they frequently put it in execution against the Separation: So that it is very necessary to be provident and causious in making Lawes of this nature: since crafty men have devices in their braine that good men never dreames of; and though the glory of God be the pretence at present; yet upon very good grounds it is to be feared that the principle thing intended in these desires, is to lay ginnes and snares to intrap men with all, to terrifie men from a free and necessary search into the grounds and originall of things, and to dispose all men to an easie and apt beliefe of whatsoever the Synod and learned Church-men shall hold forth. It cannot be. Oh yee lovers of the People, but that you desire the People should be a judicious, knowing & understanding people; a people established and grounded upon solid principles, begotten by serious meditation, and deliberate examination: You cannot but abhor that most superstitious maxime to believe as the Church believes; O doe but consider; what the Clergy men desire; and see whether it amounts to lesse, then to barre all search, enquire, or examination, and in time to believe as the Assembly believes: at least to professe as they professe, or not the contrary upon paine of death, imprisonment, or other punishments.

Certainly if there be need of any ordinance concerning the Assembly it is for their dissolution, and that the Parliament would be pleased to take a survey of their manifould attempts upon them, and that like subtill and bloody Simon & Levy, in the greatest exigents and difficulties of their waightiest affaires, as trusting rather to what necessity might enforce, then what justice would allow. They have been goads in your sides, & thornes in your feet, hindering by frequent & politique stratagems, your progression towards the peoples good and wealfare; be pleased therefore instead of complying with them in these vast and unreasonable desires; admonishing them to labour for humble and contented spirits: and to yeild ready obedience to the commands of Parliament, by whom they are ordained, and whose direction they are to observe without dispute; and that they would not spend their time, and stuffe their sermons with State affaires to beget parties, and factions to carry on their own ambitious designes.

If the Parliament would be pleased to answer their desires thus, and to forbeare to make either Ordinances or Lawes of that nature, which their crueltie hath prompted them to desire, it would manyfest so great a care of the quietnesse of the people as would cause them to blesse their remembrance for ever, and would be their honour to future generations: and is the most zealous desire of all those that would gladly see the quietnesse and happinesse of Parliaments and People.

FINIS

T.77 (8.31) John Cotton, The Controversie concerning Liberty of Conscience (9 October, 1646)

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T.77 [1646.10.09] (8.31) John Cotton, The Controversie concerning Liberty of Conscience (9 October, 1646).

Full title

John Cotton, The Controversie concerning Liberty of Conscience in Matters of Religion, Truly stated, and distinctly and plainly handled, By Mr. JOHN COTTON of Boston in New-England. By way of answer to some Arguments to the contrary sent unto him, VVherein you have, against all cavils of turbulent spirits, clearly manifested, wherein liberty of conscience in matters of Religion ought to be permitted, and in what cases it ought not, by the said Mr. COTTON.
London, Printed for Thomas Banks, and are to be sold at his shop in Black-Fryers on the top of Bride-well Staires. 1646.

Estimated date of publication

9 October, 1646.

Thomason Tracts Catalog information

TT1, p. 468; Thomason E. 356. (12.)

Editor’s Introduction

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Text of Pamphlet

Scriptures and Reasons written long since by a witnesse of Iesus Christ close prisoner in Newgate, against persecution in cause of conscience, and sent some while since to Mr. Cotton, by a friend, destreng to be instructed, whether persecution for conscience be not against the Doctrine of Iesus Christ. The Scriptures and Reasons are these, which were alledged against persecution.

1. BEcause Christ commands that the Tares and Wheat (which some understand are those that walke in the truth, and those that walke in lies) should be let alone in the world, and not plucked untill the Harvest, which is the end of the World, Math. 13. 30. 38, &c.

2. Because Christ commandeth Math. 15. 14. that they that are blind (as some interpret led on in falle Religion, and are offended with him for teaching true Religion) should be let alone; referring their punishment to their falling into the ditch.

3. Because Christ reproved his Disciples, Luke 9. 54. who would have had fire come down from Heaven to devoure those Samaritanes which would not receive him, in these words, Ye know not of what spirit ye are of, the &illegible; is not come to destroy mens lives, him to save them.

4. Because Paul the Apostle of our Lord teacheth, 2. Tim. 3. 24. That the servant of the Lord must not strive, but must be gentle towards all men, suffering the evill men, instructing them with &illegible; that are contrary minded &illegible; if, God at any time will give them repentance that they may acknowledge the truth, &illegible; come to amendment out of the &illegible; of the Devill, &c.

5. According to these commandements tho holy Prophets &illegible; that when the Law of Moses (concerning Worship) should cease and Christs Kingdome &illegible; established, Esay 2. 4. Mirah 4. 9. &illegible; that they should break their &illegible; into &illegible; and &illegible; &illegible; into Sithes, And Esay 11. 9. Then shall none hurt or destroy in all the Mountain of my Holinesse, &c. And when he came the same he taught and preached as before, and so did his Disciples after him, for the Weapons of his warfare are not carnall, saith the Apostle, 2 Cor. 10. 4. And he charges his Disciples straitly, that his Disciples should be so far from persecuting those that should not be of their Religion, that when they were persecuted they should pray, (Math. 5.) when they were cursed they should blesse, &c.

And the reason seemes to be because they who now are Tares may hereafter become Wheat; they who now are blind may hereafter see, they that now resist him may hereafter receive him; they that are now in the Devils snare by adversenesse from the truth, may hereafter come to repentance, they who are now persecuters and blaspemers (as Paul was) may in time become faithfull as he did, they that are Idolaters as the Corinthians once were, (1 Cor. 6. 9. may hereafter become true worshippers as they; and they that are now no people of God nor under mercy (as the Saints sometimes were) 1 Pet. 2. 20. may hereafter become the people of God and obtain mercy as they. Some come not till the 11. houre Math. 20. 26. If those that come not till the last houre should be destroyed because they come not at the first, then should they never come but be prevented: Thus for the Argument from Scripture.

But 2. Because this persecution for cause of conscience is against the profession and practises of famous Princes.

First, You may please to consider the Speech of King James, in his Majesties Speech in Parliament, 1609. He saith, It is a sure rule in Divinity, that God never loves to plant his Church by violence and bloodshed. And in his Highnesse Apology, page 4. speaking of such Papists who took the oath, thus: I have good proofe, that I intended no persecution against them for conscience sake, but only desired to be secured for civill obedience, which for conscience sake they are bound to perform. And page 60. speaking of &illegible; (the Arch-Priest) His Majestie saith; It was never my intention to lay any thing to the said Arch-Priests charge (as I have never done to any for cause of conscience.) And in his Highnesse exposition on Revel. 20. printed 1588. and after 1603. His Majestie writeth thus:

Sixtly, The compassing of the Saints and the besieging of the beloved City, declareth unto us a certain note of a false Church; to be persecution, for they come to seeke the faithfull, the faithfull are them that are fought: the wicked are the besiegers, the faithfull are the besieged.

Secondly, The saying of Stephen King of Poland, I am King of men, not of consciences, a Commander of bodies not of soules.

So the King of Bohemia writeth thus: And notwithstanding the successe of later times (wherein sundry opinions have been batched about the subject of Religion) may make one cleerly discerne with his eye, and as it were to touch with his finger, that according to the verity of holy Scriptures, and a Maxime heretofore told and maintained by the ancient Doctors of the Church; That mens consciences ought in no sort to be violated, urged, or constrained. And whensoever men have attempted any thing by this violent course, whether openly or by secret means, the issue hath been pernitions, and the cause of great and wonderfull innovations, in the principallest and mightiest Kingdomes and Countries of all Christendome.

And further his Majestie saith, So that once more we professe before God and the whole World, that from this day forward we are formly resolved not to persecute or molest, or suffer to be persecuted or molested, any person whomsoever for matter of Religion, no not they that professe themselves to be of the Romish Church, neither to trouble nor disturbe them in the exercise of their Religion, so they live conformable to the Lawes of the States, &c.

And for the paactise of this, where is persecution for cause of conscience, except in England and where Popery raignes, and there neither in all places, as appears by France, Poland, and other places, nay it is not practised amongst the Heathens that acknowledge not the true God, as the Turke, Persian, and others.

3. Because persecution for cause of conscience is condemned by the ancient and latter writers, yea even Papists themselves.

Hillary against Auxentius saith thus: The Christian Church doth not persecute but is persecured, and lamentable it is to see the great folly of these times, and to sigh at the foolish opinion of this world, in that men think by humane ayd to helpe God, and neither worldly pompe and power to undertake to defend the Christian Church.

I ask you Bishops what helpe used the Apostles in the preaching of the Gospell? With the aid of what power did they preach Christ and convert the heathen from their Idolatry to God: when they were in prisons, and lay in &illegible; did they praise and give thanks to God, for anie dignities graces and favours, received from the Court? or doe you thinke, that &illegible; went about with regall Attendants, or Kingly Authoritie to gather and establish the Church of Christ? sought he protection from Nero, Vespasian?

The Apostles wrought with their hands for their own maintenance, travelling by land and water from &illegible; to Citie, to preach Christ; yea the more they were forbidden, the more they preached Christ. But now alas humane help must assist and protect the faith, the same against the &illegible; The Church which formerly by inducing miserie and imprisonment, was known to be a true Church, doth now terrifie others by imprisonment, banishment, and miserie, and boasteth that she is highly esteemed of the world, when as the true Church cannot &illegible; be hated of the same.

Tertullian ad. Scapulam, it agreeth both with humane reason, and naturall equitie, that everie man worship God uncompelled, and believe what he will, for it neither &illegible; nor profiteth anie one another mans Religion, and beliefe: neither beseems it anie Religion to compell another to be of their Religion, which willinglie and freely should be imbraced, and not by constraint; for as much as the offerings were required of those that freely and with good wil offered, and not from the contrary.

Ierom. impœni lib. 4. in Jeremiam, Heresie must be cut off with the sword of the Spirit, let us strike through with the arrowes of the Spirit, all Sons and Disciples of misled Hereticks: that is, with testimonies of holy Scriptures, the slaughter of Hereticks is by the Word of God.

Brentius upon 1 Cor. 3. No man hath power to make or give Lawes to Christians, whereby to bind their consciences, for willingly, freely, and uncompelled, with a readie desire and cheerfull mind, must those that come run unto Christ.

Luther in his Book of the Civill Magistrate saith, the Laws of the Civill Magistrates government extends no further then over the body or goods, and to that which is externall, for ever the soul God will not suffer anie to rule, onely he himself will rule there. Wherefore whosoever doth undertake to give Lawes to the Soules and Consciences of men, hee usurpeth the Government himselfe, which appertaines unto God, &c. Therefore upon 1. Kings 5. In the building of the Temple, there was no sound of Iron heard, to signifie that Christ will have in his Church a free and a willing people, not compelled and constrained by Lawes and Statutes.

Again he saith upon Luke 22. It is not the true Catholique Church which is defended by the secular arme, or humane power, but the false and fained Church, which although it carries the name of a Church, yet it denies the power thereof.

Again upon Psal. 17. he saith, for the true Church of Christ, knoweth not Brachium seculare, which the Bishops now a daies chiefly use. Again, in Postil. Dom. 1. post. Epiph. he saith: Let not Christians be commanded, but exhorted; For he that willingly will not do that, whereunto he is friendly exhorted, he is no Christian, wherefore they that compell those that are not willing, shew thereby that they are not Christian preachers, but wordly Beadles.

So upon 1 Pet. 3. he saith, if the civill Magistrate shall command me thus and thus: I should answer him after this manner. Lord, or Sir, Look you to your wordly or civill government, your power extends not so far as to command any thing in Gods Kingdome. Therefore herein I may not hear you: For if you cannot bear it, that any should usurpe authority where you have to command, how do you think that God should suffer you to thrust him from his seat, and to seat your selfe therein?

Lastly, the Papists the inventers of persecution in a wicked book of theirs for forth in King James his raigne, thus; Moreover the means which Almighty God appointed his Officers to use in the conversions of Kingdoms and Nations and people, was humility, patience, charity, saying; Behold I send you as Sheep in the midst of Wolves, Math. 10. 16, he did not say, behold I send you as Wolves among, sheep, to kill, imprison, spoile and devoure those unto whom they were &illegible;

Again, vers. 7. he saith, They to whom I send you will deliver you unto Councell, and in their Synagogues they will scourge you, and to presidents, and to Kings, shall &illegible; be led for my sake: He doth not &illegible; You whom I send shall deliver the people (whom you ought to convert) to Councells, and put them in prisons, and lead them to presidents and Tribunall seates, and make their Religion Fellony and Treason.

Again, he saith, ver. 32. when ye enter into a house, salute it, saying; Peace be unto this house, he doth not say you shall send Pursevants to ransack or spoile his house.

Again he said Iohn 10. The good Pastor giveth his life for his sheep, the Theese commeth not but to steale, kill and destroy, he doth not say, the theese giveth his life for his sheep, and the good Pastor commeth not but to steale, kill and destroy.

So that we holding our peace, our adversaries themselves speak for us, or rather for the truth.

But it is objected, that it would be a prejudice to the Common-wealth, to permit liberty of conscience.

We answer, it is not any prejudice to the Common-wealth if liberty of conscience were suffered to such as feare God indeed, as is or will be manifest. Abraham abode among the Cananites a long time, yet contrary to them in matters of Religion, Gen. 13. 7. and 16. 13. Again, he sojourned in Gerar and King Abimelech gave him leave to abide in his Land, Gen. 20. 21. 22. Isaac dwelt in the same land, yet contrary in Religion, Gen. 26. Jacob lived 20. years in one house with his Uncle Laban, yet different in Religion, Gen. 31. The people of Israel were about 430 years in that infamous Land of Ægypt, and afterwards 70. years in Babilon, all which time they differed in Religion from the States, Exod. 22. and 2 Chron. 36. Come to the time of Christ where Israel was under the Romanes, where lived divers Sects of Religion, as Herodians, Scribes, and Pharises, Saduces, and Libertines, Thudeans, and Samaritans, besides the common Religion of the Jewes, Christ and the Apostles. All which differed from the common Religion of the State, which was like the worship of Diana, which almost the whole world worshipped, Acts 19. 20.

All these lived under the government of Cæsar, being nothing hurtfull to the Common-wealth, giving unto Cæsar the things that are his: And for their Religion and consciences towards God, he left them to themselves, as having no Dominion over their soules and consciences. And when the enemies of the truth raised up tumults, the wisdome of the Magistrate most wisely appeased them, Acts. 18. 14. and 19. 35.

The Answer of Mr. John Cotton of Boston or New England to the aforesaid Arguments against persecution for cause of conscience.

THe question which you put is, whether persecution for cause of conscience be not against the doctrine of Jesus Christ the King of Kings.

Now by persecution for cause of conscience, I conceive you mean either for professing some point of doctrine, which you believe in conscience to be a truth, or for practising some work which in conscience you believe to be a Religions duty.

Now in points of Doctrine some are fundamentall, without right beliefe whereof a man cannot be saved; others are circumstantiall or lesse principall, wherein men may differ in judgment without prejudice of salvation on either part. In like fort, in points of practise, some concern the weightier duties of the Law, as, what God we worship, and with what kind of worship; whether such, as if it be right, Fellowship with God is held; if corrupt, Fellowship with him is lost.

Again, in points of Doctrine and Worship lesse principall, either they are held forth in a meek and peaceable way, though the thing be erroneous or unlawfull, or they are held forth with such arrogance and impetuousnesse, as &illegible; and reacheth (even of it selfe) to the disturbance of civill peace.

Finally, let me add this one distinction more; when we are persecuted for conscience sake, it is either for conscience rightly informed, or for erronious and blind conscience. These things premised, I would by down my answer to the question in certain conclusions.

First, It is not lawfull to persecute any for conscience sake rightly informed, for in persecuting such, Christ himselfe is persecuted in them, Acts 9. 4.

Secondly, for an erroneous and blind conscience, (even in fundamentall and weighty points) it is not lawfull to persecute any, untill after admonition once or twice, and so the Apostle directeth, Time 3. 10 and giveth the reason, that in fundamentall and principall points of Doctrine, or Worship, the Word of God is so clear, that he cannot but be convinced in conscience of the dangerous error of his way, after once and twice admonition wisely and faithfully dispensed. And then if any one persist it is &illegible; out of conscience but against his conscience, as the Apostle saith Ver. 11. he is subverted and &illegible; being condemned of himselfe, viz. of his own conscience: So that if such a man after such admonition, shall still persist in the errour of his way, and be therfore punished, he is not persecuted for cause of conscience, but for sinning against his own conscience.

Thirdly, in things of lesser moment, whether points of Doctrine or Worship, if a man hold them forth in a spirit of Christian meeknesse and love (though with &illegible; and constancy) he is not to be persecuted, but tolerated, till God may be pleased to manifest his truth to him, Phil. 3. 17. Rom. 14. 1, 2, 3, 4.

Fourthly, but if a man hold forth, or professe anie errour, or false way, with a boisterous and arrogant spirit, to the disturbance of civill peace, he may justly be punished according to the qualitie and No Puntuation, of his disturbance caused by him.

Now let us consider of your reasons or objections to the contrary.

1. Object. Your first head of Objections is taken from the &illegible; because Christ commandeth to let alone the tares and wheat to grow together till the harvest, Mat. 13. 30. &c.

Answ. Tares are not briars and thorns, but partly hypocrites, like unto the godly, but indeed carnall, as the tares are like the wheat, but are not wheat: or partly such corrupt doctrines or practises as are indeed unfound, but yet such as come very near the truth, (as tares do to the wheat) and so near that good men may be taken with them, and so the persons in whom they grow, cannot be rooted out, but good will be rooted up with them. And in such a case Christ calleth for toleration, not for penall prosecution, according to the third conclusion.

2. Object. In Mat. 15. 4. Christ commandeth his Disciples to let the blind alone till they fall into the ditch, therefore he would have their punishment deferred till their finall destruction.

Answ. He there speaketh not to publike Officers, whether in Church or Common-wealth, but to his private Disciples, concerning the Pharisees, over whom they had no power: And the command he giveth to let them alone, is spoken in regard of troubling themselves, or regarding the offence which they took at the wholsome Doctrine of the Gospel; as who should say, though they be offended at this saying of mine, yet do not you feare their feare, nor be troubled, at their offence which they take at my Doctrine, not out of sound judgement, but out of their blindness. But this maketh nothing to the matter in hand.

3. Object. In Luk. 9. 54. Christ reproveth his Disciples, who would have had fire come down from heaven, to consume the Samaritans, who refused to receive him.

And Paul teacheth Timothy, not to strive, but to be gentle towards all men, suffering evill patienly.

Answ. Both these are directions to Ministers of the Gospel, how to deal (not with obstinate offenders in the Church that sin against conscience, but) either with men without, as the Samaritans were, and manie unconverted Christians in Creet, whom Titus (as an Evangelist) was to seek to convert, or at best with some Jewes or Gentiles in the Church, who though carnall, yet were not convinced of the error of their way: And it is true, it became not the Spirit of the Gospell to convert Aliens, to the saith of Christ (such as the Samaritans were) by fire and brimstone, nor to deale harshly in publike Ministrie, or private conference with all such contrarie-minded men, as either had not entred into Church-fellowship, or if they had yet did hitherto sin of ignorance, not against conscience: But neither of both these do hinder the Ministers of the Gospell to proceed in a Church-way against Church-members, when they become scandalous offenders, either in life or doctrine, much lesse do they speak at all of the civil Magistrates.

4. Object. From the prediction of the Prophets who fore-told, that carnall weapons should cease in the daies of the Gospell, Esa. 2. 4. & 11. 9. Micah 4. 3, 4. And the Apostle professeth, the weapons of our warfare are not carnall, 2 Cor. 10. 4. and Christ is so far from persecuting those that would not be of his Religion, that he chargeth his Disciples when they are persecuted themselves they should pray, when they are cursed they should blesse: the reason whereof, seemed to be, that they who are now persecuters, and wicked persecutors, may become true Disciples and converts.

Answ. Those predictions in the Prophets do only shew, first with what kind of weapons he will subdue the Nations, to the obedience of the faith of the Gospel, not by fire and sword, and weapons of war, but by the power of the Word and Spirit, which no man doubteth of. Secondly, those predictions of the Prophets, shew what the meek and peaceable temper will be of all the true converts to christianity, not Lions, or Leapords, &c. not cruell oppressors, nor malignant opposers, or biters of one another: but doth not forbid to drive ravenous wolves from the sheepfold, and to restrain them devouring the sheep of Christ.

And when Paul saith, the weapons of our warfare are not carnall, &illegible; spirituall, he denieth not civill weapons of Justice to the civill Magistrate, but only to Church-Officers: and yet the weapons of such Ofcers he acknowledgeth to be such, as though they be spiritually, yet are ready to take vengeance of all disobedience, 2. Cor. 10. 6. which hath reference (amongst other Ordinances) to the censure of the Church against scandalous offenders.

When Christ commandeth his Disciples to blesse them that curse them, and persecute them, he giveth not a rule to publike Officers either in Church or Common-wealth, to suffer notorious sinners either in life or doctrine, to passe away with a blessing, but to private Christians to suffer persecution patiently, yea and to pray for their persecutors.

Againe, Christ it is true, would have his Disciples to be farre from persecuting (for that is a sinfull oppression of men) for righteousnesse sake, but that hindreth not, but that he would have them execute upon all disobedience the judgment and vengeance required in the Word, 2 Cor. 10. 6. Rom. 12. 4. Fourthly, though it be true that wicked persons now may by the grace of God, become true Disciples, and Converts, yet we may not do evill, that good may come thereof, and evill it would be to tolerate notorious evill doers, whether seducing teachers, or scandalous livers. Christ had somthing against the Angell of the Church of Pergamus, for tolerating them that held the Doctrine of Balaam, and against the Church of Thiatira, for tolerating &illegible; to teach and seduce, Rev. 2. 14, 20.

Your second head of reasons is taken from the profession and practise of famous Princes, King James, Stephen of Poland, King of Bohemia. Whereunto a treble Answer may briefly be returned.

1. We willingly acknowledge that none is to be persecuted at all, no more then they may be oppressed for righteousnesse sake.

Againe, we acknowledge that none is to be punished for his conscience, though mis-informed as hath been said, unlesse his errour be fundamentall, or sediciasly and turbulently promoted, and that after due conviction of conscience, that it may appear he is not punished for his conscience, but for sinning against his conscience.

Furthermore, we acknowledge none to be constrained to believe or professe the true Religion till he be convinced in judgement of the truth of it; but yet restrained he may from blaspheming the truth, and from seducing any into pernicious errors.

2. We answer, what Princes professe and practise, is not a rule of conscience, they many times tolerate that in point of State policy, which cannot be justly tolerated in point of true christianity.

Againe, Princes many times tolerate offenders out of very necessity, when the offenders are too many or too mighty for them to punish; in which respect David tolerated Joab and his murthers, but against his will.

3. We answer, that for those three Princes named by you, who tolerated Religion, we can name you more and greater, who have not tolerated Hereticks and Schismaticks, notwithstanding their pretence of conscience: For example, Constantine the great, at the request of the generall Councell of Nice, banished Arrius with some of his fellowes, Sozom. lib. 1. Eccles. Hist. cap., 29. 20. The same Constantine made a severe law against the Donatists, and the like proceedings were used against them by Valentinian, Gratian and Theodosius, as Augustine reporteth in Epist. 166. onely Iulian the Apostate granted libertie to Hereticks, as well as unto Pagans, that he might by tolerating all weeds to grow, choak the vitalls of Christianity, which was also the practise and sin of Valens the Arrian.

Queen Elizabeth as famous for Government as anie of the former, it is well knowne what Lawes she made, and executed against Papists: yea and King Iames (one of your owne witnesses) though he was slow in proceeding against Papists (as you say) for conscience sake, yet you are not ignorant how severely and sharply he punished those whom the malignant world calls puritans, men of more conscience and beeser faith, then he tolerated.

I come now to your third and last argument taken from the judgment of ancient writers, yea even of Papists themselves, who have condemned persecution for conscience sake.

You begin with Hilary, whose testimony we might admit without my prejudice to the truth: for it is true the Christian Church doth not persecute, but is persecuted, but to excommunicate a Heretique is not to persecute, that is not to punish an innocent, but a &illegible; and damnable person, and that not for conscience, but for persisting is error against light of conscience whereof it hath been convinced.

It is true also what he saith, that the Apostles did, neither may we propagate Christian Religion by the Sword, but if Pagans cannot be won by the Word, they are not to be compelled by the Sword: Neverthelesse this hindreth not, but that if they or any other should blaspheme the true God and his true Religion, they ought not to be severely punished, and no lesse do they deserve who seduce from the truth to damnable Heresie or Idolatrie.

Your next writer, (which is Tertullian) speaketh to the same purpose in the place alledged by you, his intent was only to restrain Scapula the Romane Governor of Affrica from the persecution of Christians, for not offering sacrifice to their Gods; and for that end fetcheth an Argument from naturall equity, not to compell any to any Religion, but to permit them either to believe willingly, or not to believe at all; which we acknowledge and accordingly permit the Indians to continue in their unbeliefe: Neverthelesse it will not therefore be lawfull openly to tollerate the worship of Devils or Idols; or the seduction of any from the truth.

When Tertullian saith anothers mans Religion neither hurteth nor profitteth any: It must be understood of private worship, and Religion professed in private, otherwise a false Religion professed by the Members of a Church, or by such as have given their names to Christ, will be the ruine and desolation of the Church, as appeareth by the threats of Christ to the Churches of Asia, Rev. 2.

Your next Author Jerome crosseth not the truth, nor advantageth not your cause, for we grant what he saith, that heresie must be cut off with the sword of the spirit: But this hindreth not but that being so cut down, if the Heretique will still persist in his heresie to the seducing of others, he may be cut off by the civill sword, to prevent the perdition of others. And that to be Jeromes meaning appears by his note upon that of the Apostle [a little leaven leaveneth the whole lumpe] therefore saith he, a sparke assoone as it appeareth, is to be extinguished, and the leaven to be removed from the rest of the dough, rotten pieces of flesh are to be cut off, and a scabbed beast is to be driven from the sheep-fold, least the whole house, masse of dough, body and flock, be set on fire with the sparke, be sowred with the leaven, be &illegible; with the rotten flesh, perish with the scabbed beast.

Brentius (whom you quote next) speaketh not to your cause, we willingly grant him and you, that man hath no power to make Lawe to bind the conscience; but this hindreth not, but that men may see the Lawes of God observed, which do bind conscience.

The like answer may be returned to Luther, whom you next alledge.

First, The government of the civill Magistrate reacheth no further then over the bodies and goods of their subjects, not over their soules, and therefore they may not undertake to give lawes to the soules and consciences of men.

Secondly, That the Church of Christ doth not use the Arms of secular power to compell men to the faith, or profession of the truth, for this is to be done by spirituall weapons, whereby Christians are to be exhorted, not compelled. But this hindreth not that Christians sinning against light of faith and conscience, may justly be censured by the Church by excommunication, and by the civill sword also, in case they shall corrupt others to the perdition of their soules.

As for the testimony of the Popish book, we weigh it not, as knowing (whatsoever they speak for toleration of Religion, where themselves are under the hatches) when they come to sit at Sterne, they judge and practise quite contrary, as both their writing and judiciall proceedings have testified to the world these many years.

To shut up this Argument from testimony of writers; It is well known, that Augustine retracted this opinion of yours, which in his younger times he had held, but after in riper age reversed and refuted, as appears in his second book of retractations, cap. 5. and in his Epistles &illegible; &illegible; and in his first book against Parmenianus, cap. 17. he sheweth that if the Donatists were punished with death, they were justly punished, and in his 11. Tractate upon John, they murther saith he soules, and themselves are afflicted in body, they put men to everlasting death, and yet they complain when themselves are put to suffer temporall death.

Optatus in his third book, justifieth Macharius, who had put some Heretiques to death, that he had done do more herein, then what Moses, Phineas, and Elias had done before him.

Bernard in his 66. Sermon in Cantica, out of doubt (saith he) it is better they should be restrained by the sword of him who beareth not the sword in vain, then that they should be suffered to draw many others into their error, for he is the Minister of God for wrath to every evill doer.

Calvins judgment is well known, who procured the death of Michaell Servetus for pertinacie in heresie, and defended his fact by book written of that Argument.

Beza also a writ a book de Hæreticis morte plectendis, that Heretiques are to be punished with death, Arelius likewise took the like course about the death of Valentius Gentilis, and justified the Magistrates proceeding against him, in a history written of that Argument.

Finally, you come to answer an objection, that it is no prejudice to the Common-wealth if liberty of conscience were suffered to such as fear God indeed, which you prove by the example of the &illegible; and others.

But we readily grant you, liberty of conscience is to be granted to men that fear God indeed, as knowing they will not persist in &illegible; or turbulent schisme, when they are convinced in conscience of the sinfulnesse thereof.

But the question is whether an Heretique after once or twice admonition (and so after conviction) or any other scandalous or &illegible; offender, may be tollerated either in the Church without excommunication, or in the Common-wealth, without such punishment it may preserve others, from dangerous and damnable infection.

Thus much I thought needfull to be spoken, for avoiding the grounds of your Errour.

I forbear adding reasons to justify the contrary, because you &illegible; find that done to your hand, in a Treatise sent to some of the brethen late of Salem, who doubted as you doe.

The Lord Jesus lead you by a spirit of truth in all truth.

John Cotton.

FINIS.


T.78 (3.18 and 8.32) Richard Overton, An Arrow against all Tyrants and Tyranny (12 October, 1646) (original spelling version)

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T.78 [1646.10.12] (3.18 and 8.32) Richard Overton, An Arrow against all Tyrants and Tyranny (12 October 1646).

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Richard Overton, AN ARROW AGAINST ALL TYRANTS And Tyrany, shot from the Prison of New-gate into the Prerogative Bowels of the Arbitrary House of Lords and all other Usurpers and Tyrants Whatsoever. Wherein the originall rise, extent, and end of Magisteriall power, the naturall and Nationall rights, freedomes and properties of Mankind are discovered, and undeniably maintained; the late oppressions and incroachments of the Lords over the Commons legally (by the fundamentall Lawes and Statutes of this Realme, as also by a memorable Extract out of the Records of the Tower of London) condemned; The late Presbyterian Ordinance (invented and contrived by the Diviners, and by the motion of Mr. Bacon and Mr. Taet read in the House of Commons) examined, refuted, and exploaded, as most inhumaine, tyranicall and Barbarous. By RICHARD OVERTON Prerogative Archer to the Arbitrary House of Lords, Their Prisoner in New gate, for the just and legall properties, rights and freedoms of the Commons of England: Sent by way of a Letter from him, to Mr. Henry Martin, a Member of the House of Commons. IMPRIMATUR Rectat Justitia.
Printed at the backside of the Cyclopian Mountains, by Martin Claw-Clergy, Printer to the reverend Assembly of Divines, and are to be sould at the signe of the Subjects Liberty, right opposite to persecuting Court. 1646.

The pamphlet contains the following parts:

  1. An Arrow against all Tyrants and Tyranny
  2. To the high and mighty states, the knights, citizens and burgesses in parliament assembled (England’s legal sovereign power). The humble appeal and supplication of Richard Overton
  3. Postscript
Estimated date of publication

12 October, 1646.

Thomason Tracts Catalog information

TT1, p. 469; Thomason E. 356. (14.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

An earlier version with modernised spelling can be found online here.

AN ARROVV AGAINST ALL TYRANTS And Tyrany, shot from the prison of New-gate into the Prerogative bowels of the Arbitrary House of Lords, and all other Usurpers and Tyrants whatsoever.

Sir,

TO every Individuall in nature, is given an individuall property by nature, not to be invaded or usurped by any: for every one as he is himselfe, so he hath a selfe propriety, else could he not be himselfe, and on this no second may presume to deprive any of, without manifest violation and affront to the very principles of nature, and of the Rules of equity and justice between man and man; mine and thine cannot be, except this be: No man hath power over my rights and liberties, and I over no mans; I may be but an Individuall, enjoy my selfe and my selfe propriety, and may write my selfe no more then my selfe, or presume any further; if I doe, I am an encroacher & an invader upon an other mans Right, to which I have no Right. For by naturall birth, all men are equally and alike borne to like propriety, liberty and freedome, and as we are delivered of God by the hand of nature into this world, every one with a naturall, innate freedome and propriety (as it were writ in the table of every mans heart, never to be obliterated) even so are we to live, every one equally and alike to enjoy his Birth-right and priviledge; even all whereof God by nature hath made him free.

And this by nature every one desires aimes at, and requires, for no man naturally would be befooled of his liberty by his neighbours craft, or inslaved by his neighbours might, for it is natures instinct to preserve it selfe, from all things hurtfull and obnoctious, and this in nature is granted of all to be most reasonable, equall and just; not to be rooted out of the kind, even of equall duration with the creature: And from this fountain or root, all just humain powers take their original; not immediately from God (as Kings usually plead their prerogative) but mediatly by the hand of nature, as from the represented to the representors; for originally; God hath implanted them in the creature, and from the creature those powers immediately proceed; and no further: and no more may be communicated then stands for the better being, weale, or safety thereof: and this is mans prerogative and no further, so much and no more may be given or received thereof: even so much as is conducent to a better being, more safety and freedome, and no more; he that gives more, sins against his owne flesh; and he that takes more, is a Theife and Robber to his kind: Every man by nature being a King, Priest and Prophet in his owne naturall circuite and compasse, whereof no second may partake, but by deputation, commission, and free consent from him, whose naturall right and freedome it is.

And thus Sir, and no otherwise are you instated into your soveraign capacity, for the free people of this Nation, for their better being, discipline, government, propriety and safety, have each of them communicated so much unto you (their Chosen Ones) of their naturall rights and powers, that you might thereby become their absolute Commissioners, and lawfull Deputies, but no more; and that by contraction of those their severall Individuall Communications conser’d upon, and united in you, you alone might become their own naturall proper, soveraign power, therewith singly and only impowred for their severall weales, safeties and freedomes, and no otherwise: for as by nature, no man may abuse, beat, torment, or afflict himselfe, so by nature, no man may give that power to an other, seeing he may not doe it himselfe, for no more can be communicated from the generall then is included in the particulars, whereof the generall is compounded.

So that such so deputed, are to the Generall no otherwise, then as a Schoole-master to a particular, to this or that mans familie, for as such an ones Mastership, ordering and regulating power, is but by deputation, and that ad bene placitum, and may be removed at the parents or Head masters pleasure, upon neglect or abuse thereof, and be confer’d upon another (no parents ever giving such an absolute unlimited power to such over their children, as to doe to them as they list, and not to be retracted, controuled, or restrained in their exorbitances) Even so and no otherwise is it, with you our Deputies in respect of the Generall, it is in vaine for you to thinke you have power over us, to save us or destroy us at your pleasure, to doe with us as you list, be it for our weale, or be it for our wo, and not to be enjoyned in mercy to the one, or questioned in justice for the other, for the edge of your own arguments against the King in this kind, may be turned upon your selves, for if for the salety of the people, he might in equity be opposed by you in his tyranies oppressions & cruelties, even so may you by the same rule of right reason, be opposed by the people in generall, in the like cases of distruction and ruine by you upon them, for the safety of the people is the Soveraigne Law, to which all must become subject, and for the which all powers humaine are ordained by them, for tyrany, oppression and cruelty whatsoever, and in whomsoever, is in it selfe unnaturall, illegall, yea absolutly anti magisteriall, for it is even destructive to all humaine civill society, and therefore resistable.

Now Sir the Commons of this Nation, having impowred their Body Representative, wherof you are one, with their own absolute Soveraignty, thereby Authoritively and legally to remove from amongst them all oppressions and tyranies, oppressors and tyrants, how great soever in name, place or dignity, and to protect, safegard, and defend them from all such unnaturall monsters, vipers and pests, bred of corruption or which are intrusted amongst them & as much as in them lies, to prevent all such for the future. And to that end, you have been assisted with our lives and fortunes, most liberally and freely, with most victorious and happy successe, whereby your Armes are strengthned with our might, that now you may make us all happy within the confines of this Nation, if you please; and therfore Sir, in reason, equity and justice, we deserve no lesse at your hands, and (Sir) let it not seem strange unto you, that we are thus bold with you for our own.

For by nature we are the sons of Adam, and from him have legitimatly derived a naturall propriety, right and freedome, which only we require, and how in equity you can deny us, we cannot see; It is but the just rights and prerogative of mankind (whereunto the people of England, are heires apparent as well as other Nations) which we desire: and sure you will not deny it us, that we may be men, and live like men; if you doe it will be as little safe for your selfes and posterity, as for us and our posterity, for Sir, look what bondage, thraldome, or tyrany soever you settle upon us, you certainly, or your posterity will tast of the dregs: if by your present policy and (abused) might, you chance toward it from your selves in particular, yet your posterity doe what you can, will be liable to the hazard thereof.

And therefore Sir, we desire you help for your own sakes, as well as for our selves, chiefly for the removall of two most insufferable evils, daylie encroaching and encreasing upon us, portending and threatning inevitable destruction, and confusion of your selves, of us, and of all our posterities, namely, the encroachments and usurpations of the House of LORDS, over the Commons liberties, and freedomes, together with the barberons, inhumaine, blood-thirsty desires and endevours of the Presbyterian Clergy.

For the first, namely, the exhorbitances of the LORDS, they are to such an hight aspired that contrary to all presidents the free Comoners of England are imprisoned, fined & condemned by them (their incomputent illegall, unequall, improper judges) against the expresse letter of Magna char. chap. 29. (so often urged and used) that no free man of England shall be passed upon, tryed, or condemned, but by the lawfull judgement of his equals, or by the Law of the Land, wth as saith Sir Edw. Cooke in his exposition of Mag. chap. 28. last li. is Per pares, by his peeres, that is, by his equals. And page 46. branch 1. 2. 5. in these words;

1. That no man be taken or imprisoned, but per legem terræ, that is, by the common Law, Statute Law or custome of England: For these words, per legem terræ being towards the end of this chapter, doe referre to all the pretended matters in this chapter, and this hath the first place, because the liberty of a mans person is more precious to him then all the rest that follow, and therefore it is great reason, that he should by law be relieved therein, if he be wronged, as hereafter shall be shewed.

2. No man shall be disseised, that is, put out of seison, or dispossessed of his free-hold, that is, lands or livelyhood, or if his liberties or free customes, that is, of such franchises and freedomes, and free customes, as belong to him by his free birthright; unlesse it be by the lawfull judgement, that is verdict of his equals (that is of men of his own condition) or by the Law of the Land (that is to speak it once for all) by the due course and processes of Law.

3. No man shall be in any sorts destroyed (destruere, 1. quod prius structum & sactum suit; ponitus evertere & dimere) unlesse it be by the verdict of his equals, or according to the Law of the land.

And chapter 19. of Magna Charta, it is said secundum legem & consuetudinem Anglia, after the Law and custome of England, non Regis Anglia, not of the King of England, lest it might be thought to bind the King only, nec populi Anglia, nor of the People of England, but that the Law might tend to all, it is said, per legem terræ, by the Law of the Land. Magna chapta, 29.

Against this ancient and fundamentall Law, and in the very face thereof (saith Sir Edward Cooke) he found an Act of the Parliament made in the 11. of Hen. the 7. chap. 3. that as well justices of Peace without any finding or presentment by the verdict of 12. men, upon the bare information for the King before them, should have full power and authority, by their discretions to hear and determine all offences and contempts committed or done by any person or persons against the forme, ordinance, and effect of any Statute made and not repealed: by colour of which Act, shaking this fundamentall Law, (it is not credible) saith he what horrible oppressions and exactions (to the undoing of infinite numbers of people) were committed by Sir Richard Empson Knight, and Edmund Dudly, being Justices of the Peace through England, and upon this unjust and injurious act, (as commonly in the like cases it falleth out) a new Office was errected, and they made masters of the Kings Forfitures.

But at the Parliament holden in the 1. of Hen. 8. chap. 6. this Act of Hen. 7. is receited, made void and Repealed, and the reason thereof is yeelded, for that by force of the said Act, it was manifestly known that many sinister, crafty, and forged informations had been pursued against divers of the Kings Subjects, to their great damage and unspeakable vexation: (a thing most frequent and usuall at this day and in these times) the ill successe whereof, together with the most fearfull end of these great Oppressors should deterre others from committing the like, and should admonish Parliaments in the future, that in stead of this ordinary and precious tryall Per legem Terræ they bring not in an absolute and parciall tryall by discretion, Cooke 2. institute folio. 51.

And to this and the Judgement upon Symon de Bereford, a Commoner, in the 4. yeare of Edw. 3. is an excellent precident for these times (as is to be seen upon record in the Tower, in the second Roll of Parliament held the same yeare of the said King, and delivered into the Chancery by Henry de Edenston Clerk of the Parliament) for that the said Simon de Bereford having counselled, aided and assisted Roger de Mortimer to the murther of the Father of the said King; the King commanded the Earles and Barons in the said Parliament Assembled, to give right and lawfull judgement unto the said Symon de Bereford; But the Earles, Barons and Peers came before the Lord the King in the same Parliament, and said with one voice; that the aforesaid Simon, was not their Peer or equall, wherefore, they were not bound to judge him as a Peer of the Land: Yet notwithstanding all this, the Earles, Barons and Peers (being over swaid by the King) did award and adjudge (as judges of Parliament, by the assent of the King in the said Parliament) that the said Simon as a traitor & enemy of the Realm, should be hanged & drawn, and execution accordingly was done: But as by the said Roll appeareth, it was by full Parliament condemned and adjudged as illegall, and as a precident not to be drawn into example; the words of the said Roll are these, viz.

And it is assented and agreed by our Lord the King, and all the Grandees in full Parliament, that albeit the said Peers as judges in full Parliament took upon them in presence of our Lord the King, to make and give the said Judgement by the assent of the King, upon some of them that were not their Peers, (to wit Commoners) & by reason of the murther of the Leige Lord, and destruction of him, which was so neer of the blood royall and the Kings Father, that therefore the said Peers which now are, or the Peers which shall be for the time to come, be not bound or charged to give judgement upon others then upon their Peers, nor shall doe it; but of that for ever be discharged, and acquit, and that the aforesaid Judgement now given be not drawn into example or consequent for the time to come, by which the said Peers may be charged hereafter to Judge others then their Peers, being against the Law of the Land, if any such case happen, which God defend.

Agreeth with the Record.

William Collet.

But notwithstanding all this, our Lords in Parliament take upon them as Judges in Parliament to passe judgement and sentence (even of themselves) upon the Commoners which are not their Peeres, and that to fining, imprisonment, &c. And this doth not only content them, but they even send forth their armed men, and beset, invade, assault their houses and persons in a warlike manner, and take what plunder they please, before so much as any of their pretended, illegall warrants be shewed, as was lately upon the eleventh of August 1646. perpetrated against mee and mine, which was more then the King himselfe by his legall Prerogative ever could doe, for neither by verball commands or commissions under the Great Seale of England, he could ever give any lawfull authority to any Generall, Captaine, or person whatsoever without legall triall and conviction, forceibly to assault, rob, spoile or imprison any of the free Commoners of England: and in case any free Commoner by such his illegall Commissions, Orders or warrants before they be lawfully convicted, should be assaulted, spoiled, plundered, imprisoned, &c. in such cases his agents and ministers ought to be proceeded against, resisted, apprehended, indicted and condemned (notwithstanding such commissions) as Trespassers, Theeves, Burglarers, Felons, Murderers both by Statute and common Law, as is enacted and resolvd by Magna Charta, cap. 29. 15. Eliz. 3. stat. 1. cap. 1, 2, 3, 42. Eliz. 5. cap. 13. 28. Eliz. 1. Artic. sup. chartas, cap. 2. 4. Eliz. 3. cap. 4. 5. Eliz. 3. cap. 2. 24. Eliz. 3. cap. 1. 2. Rich. 2. cap. 7. 5. Rich. 2. cap. 5. 1. Hen. 5. cap. 6. 11. Hen. 2. cap. 1. 106. 24. Hen. 8. cap. 5. 21. Jacob. cap. 3.

And if the King himselfe have not this Arbitrary power, much lesse may his Peeres or Companions, the Lords over the free Commons of England. And therefore notwithstanding such illegall censures and warrants either of King or of Lords (no legall conviction being made) the persons invaded and assaulted by such open force of Armes may lawfully arme themselves, fortifie their Houses (which are their Castles in the judgement of the Law) against them, yea, disarme, beat, wound, represse and kill them in their just necessary defence of their own persons, houses, goods wives and families, and not be guilty of the least offence, as is expresly resolved by the Statute of 21. Edw. de male factoribus in parcis, by 24. Hen. 8. cap. 5. 12. Hen. 6. 16. 14. Hen. 6. 24. 35. Hen. 6. 12. E. 4. 6.

And therefore (Sir) as even by nature and by the Law of the Land I was bound, I denyed subjection to these Lords and their arbitrary creatures; thus by open force invading and assaulting my house person, &c. no legall conviction preceding, or warrant then showen; but and if they had brought and shewen a thousand such warrants, they had all been illegall antimagisteriall & void in this case, for they have no legal power in that kind, no more then the King, but such their actions are utterly condemned, and expresly forbidden by the Law: Why therefore should you of the Representative Body sit still, and suffer these Lords thus to devour both us and our Lawes?

Be awakned, arise and consider their oppressions and encroachments, and stop their Lord-ships in their ambitious carere, for they do not cease only here, but they soar higher & higher, & now they are become arrogators to themselves, of the natural Soveraignity the Represented have conveyed and issued to their proper Representors, even challenge to themselves the tittle of the Supreamest Court of Judecature in the Land, as was claimed by the Lord Hounsden, when I was before them, which you may see more at large in a printed letter published under my name, intitled, A Defiance &c. which challenge of his (I think I may be bold to assert) was a most illegall, Anti-parliamentary, audacious presumpsion, and might better be pleaded and challenged by the King singly, then by all those Lords in a distinction from the Commons: but it is more then may be granted to the King himselfe, for the Parliament & whole Kingdom whom it represents is truly and properly the highest Supream power of all others, yea above the King himselfe:

And therefore much more above the Lords, for they can question, Cancell, disanull and utterly revoake the Kings own Royall Charters, Writs, Commissions, Pattents, &c. Though ratified with the Great Scale, even against his personal wil, as is evident by their late abrogation of sundry, Patents, Cõmissions, writs, Charters, Lone, Shipmony &c. yea the body Representative have power to enlarge or retract the very prerogative of the King, as the Statute de prærog. Reg. and the Parliament Roll of 1. Hen. 4. num. 18, doth evidence, and therefore their power is larger and higher then the Kings, and if above the Kings, much more above the Lords, who are subordinate to the King, and if the Kings Writs, Charters &c. which intrench upon the weale of the People, may be abrogated, nul’d and made voide by the Parliament, the Representateve body of the Land, and his very prerogatives bounded, restrained & limited by them, much more may the Orders, Warrants, Commitments &c. of the Lords, with their usurped prerogatives over the commons and People of England be restrained, nul’d and made void by them, and therefore these Lord must needs be inferiour to them.

Further the Legislative power is not in the King himselfe, but only in the Kingdome and body Representative, who hath power to make or to abrogate Lawes, Statutes &c. even without the Kings consent, for by law he hath not a negative voyce either in making or reversing, but by his own Coronation Oath, he is sworne, to grant fulfill and defend all rightfull Lawes, which the COMMONS of the Realme shall chuse, and to strengthen and maintain them after his power; by wch clause of the oath, is evident, that the Cõmons not the King or Lords) have power to chuse what Lawes themselves shall judge meetest, and thereto of necessity the King must assent, and this is evident by most of our former Kings and Parliaments, and especially by the Raignes Edw. 1. 2. 3. 4. Rich 2 Hen. 4. 5. & 6. So that it cannot be denied, but that the King is subordinate and inferiour to the whole Kingdome and body Representative: Therefore if the King, much more must the Lords vaile their Bonets to the Commons and may not be esteemed the upper House, or Supreame Court of Judicature of the Land.

So that seeing the Soveraigne power is not originally in the King, or personally terminated in him, then the King at most can be but chief Officer, or supream executioner of the Lawes, under whom all other legall executioners, their severall executions, functions and offices are subordinate; for indeed the Representers (in whom that power is inherent, and from whence it takes its originall) can only make conveyance thereof to their Representors, vicegerents or Deputies, and cannot possibly further extend it, for so they should go beyond themselves, wich is impossible, for ultra posse non est esse, there is no being beyond the power of being: That which goes beyond the substance and shaddow of a thing, cannot possibly be the thing it selfe, either substantially or vertually, for that which is beyond the Representors, is not representative, and so not the Kingdomes or peoples, either so much as in shaddow or substance,

Therefore the Soveraigne power (extending no further then from the Represented to the Representors) all this kind of Soveraynity challenged by any (whither of King Lords or others) is usurpation, illegitimate and illegall, and none of the Kingdomes or Peoples, neither are the People thereto obliged: Thus (Sir) seing the Soveraigne or legislative power is only from the Represented, to the Representors and cannot possibly legally further extend: the power of the King cannot be Legislative, but only executive, and he can communicate no more then he hath himselfe; and the Soveraigne power not being inherent in him, it cannot be conveyed by, or derived from him to any, for could he, he would have carried it away with him, when he left the Parliament: So that his meere prerogative creatures, cannot have that which their Lord and creator never had, hath, or can have; namely, the Legislative power: For it is a standing rule in nature, omne simile generat simile every like begetteth its like; and indeed they are as like him, as if they were spit out of his mouth.

For their proper station will not content them, but they must make incursions & inroads upon the Peoples rights and freedomes, and extend their prerogative pattent beyond their Masters compasse; Indeed all other Courts might as well challenge that prerogative of Soveraignity, yea better then this Court of Lords. But and if any Court or Courts in this Kingdome, should arrogate to themselves that dignity, to be the supreame Court of Judicatory of the Land, it would be judged no les then high Treason, to wit, for an inferiour subordinate power to advance and exalt it selfe above the power of the Parliament.

And (Sir) the oppressions, usurpations, and miseries, from this prerogative Head, are not the sole cause of our grievance and complaint, but in especiall, the most unnaturall, tyranicall, blood-thirsty desires and continuall endeavours of the Clergy, against the contrary minded in matters of conscience, wch have been so vailed, guilded and covered over, with such various, faire and specious pretences, that by the common discernings, such woolfeish, canniball, inhumaine intents against their neighbours, kindred, friends and countrymen, as is now clearely discovered, was little suspected (and lesse deserved) at their hands; but now I suppose they will scarce hereafter be so hard of beliefe, for now in plain termes, and with open face the Clergy here discover themselves in their kind, and shew plainly that inwardly they are no other but ravening wolves, even as roaring Lyons wanting their pray, going up and down, seeking whom they may devour.

For (Sir) it seems these cruell minded men to their brethren, have by the powerfull agitation of M. taet and M. Bacon, two members of the House, procured a most Romish inquisition Ordinance, to obtain an admission into the House, there to be twice read, and to be referred to a Committee, which is of such a nature, if it should be but confirmed, enacted, and established, as would draw all the innocent blood of the Saints, from righteous Abel, unto this present upon this Nation, and fill the land with more Martyrdomes, tyranies, cruelties and oppressions, then ever was in the bloody dayes of Queen Mary, yea or ever before, or since: For I may boldly say that the people of this Nation never heard of such a diabollicall, murthering, devouring Ordinance, Order, Edict or Law in their Land as is that;

So that it may be truly said unto England, we to the inhabitants thereof, for the Divell is come down unto you, (in the shape of the letter B.) having great wrath, because be knoweth he hath but a short time, for never before was the like hear’d of in England; the cruel villanous, barbarous Martyrdomes, murthers and butcherys of Gods People, under the papall and Episcopall Clergy, were not perpetated or acted by any Law, so divelish, cruell and inhumain as this, therefore what may the free People of England expect at the hands of their Presbyterian Clergy, who thus discover themselves more firce and cruell then their fellowes? Nothing but hanging, burning, branding, imprisoning, &c. is like to be the reward of the most faithfull friends to the Kingdome and Parliament, if the Clergy may be the disposers, notwithstanding their constant magnanimity, fidelity and good service both in the field and at home, for them and the State:

But sure this Ordinance was never intended to pay the Souldiers; their arears if it be, the independents are like to have the best share, let them take that for their comfort: but I believe there was more Tyth providence, then State thrift in the matter, for if the Independents, Anabaptists, and Brownists, were but sinceerly addicted to the DVE PAYMENT of TYTHES, it would be better to them in this case then, two-subsidy men, to acquit them of Fellony.

For were it not for the losse of their Trade, and spoyling their custome, an Anabaptitst, Brownist, Independent and Presbyter were all one to them, then might they without doubt have the Mercy of the Clergy, then would they not have been entered into their Spanish Inquisition Calender for absolute Fellons or need they have feared the popish soule muthering Antichristian Oath of Abjuration or branding in the left cheeke with the letter B. the new Presbyterian Mark of the Beast for you see the Devill is now againe entered amongst us in a new shape, not like an Angell of light, (as both he and his servants can transforme themselves when they please) but even in the shape of the letter B; from the power of which Presbyterian Belzebub good Lord deliver us all and let al the People say Amen; Then needed they not to have feared their Prisons, their fire and faggot, their gallowes and halters, &c. The strongest Texts in all the Presbyterian new moddle of Clergy divinity, for the maintenance & reverence of their cloth, and confutation of errours; for he that doth but so much as question that priest fatning-Ordinance for Tythes, Oblations, Obventions, &c. doth flatly deny the fundamentals of Presbytrie, for it was the first stone they laid in their building, and the second stone, the prohibition of all to teach Gods word but themselves, and so are ipso facto all Fellons. &c.

By this (Sir) you may see what bloody minded men those of the black Presbytrie be, what little love, patience, meeknes, long suffering and forbearance they have to their Brethren; neither doe they as they would be done to; or doe to others as is done to them; for they would not be so served themselves, of the Independents, neither have the Independents ever sought or desired any such thing upon them, but would beare with them in all brotherly love; if they would be but contented to live peaceably and neighbourly by them, and not thus to brand, hang, judge and condemne all for Fellons, that are not like themselves. Sure (Sir) you cannot take this murthering, bloody disposition of theirs for the Spirit of Christianity, for Christian chairety suffers long, is kind, envieth not, exalteth not it selfe, secketh not its own is not easily provoked, thinketh no evill, beareth all things, beleeveth all things, hopeth all things, endureth all things; but these their desires and endevours are directly contrary.

Therefore (Sir) if you should suffer this bloody inroad of Martyrdome, cruelties and tyranies, upon the free Commoners of England, with whose weale you are betrusted, if you should be so inhumaine, undutifull, yea and unnaturall unto us, our innocent blood will be upon you, and all the blood of the righteous that shall be shed by this Ordinance, and you will be branded to future generations, for Englands bloody Parliament.

If you will not think upon us, think upon your posterities, for I cannot suppose that any one of you would have your children hang’d in case they should prove Independents, Anabaptists, Brownists; I cannot judge you so unnaturall and inhumain to your own children, therefore (Sir) if for our own sakes we shall not be protected, save us for your children sakes, (though you think your selves secure,) for ye may be assured their and our interest is interwowne in one, if wee perish, they must not think to scape. And (Sir) consider, that the cruelties, tyranics and Martyrdomes of the papall and episcopall Clergy, was one of the greatest instigations to this most unnaturall warre; and think you, if you settle a worse foundation of cruelty, that future generations will not tast of the dreags of that bitter cup?

Therefore now step in or never, and discharge your duties to God and to us, and tell us no longer, that such motions are not yet seasonable, and wee must still waite; for have we not waited on your pleasures, many faire seasons and precious occasions and opportunities these six yeares. even till the Halters are ready to be tyed to the Gallowes, and now must wee hold our peace, and waite till wee be all imprisoned, hang’d, burnt and confounded? Blame us not (Sir) if we complain against you, speak, write and plead thus with might and maine, for our lives, lawes and liberties, for they are our earthly summum bonum wherewith you are chiefly betrusted; & whereof we desire a faithful discharge at your hands in especiall, therefore be not you the men that shall betray the blood of us and our posterities, into the hands of those bloody black executioners: for God is just, and wil avenge our blood at your hands; and let Heaven and earth bear witnesse against you, that for this end, that we might be preserved and restored, wee have discharged our duties to you, both of love, fidelity and assistance, and in what else yee could demand or devise in all your severall needs, necessities and extremities, not thinking our lives, estates, nor any thing too precious to sacrifice for you and the Kingdomes safety, and shall wee now be thus unfaithfully, undutifully and ungratfully rewarded? For shame, let never such things be spoken far lesse recorded to future generations.

Thus Sir, I have so farre enboldened my selfe with you (hoping you will let greivances be uttered, that if God see it good they may be redressed, and give loosers leave to speake without offence) as I am forced to at this time, not only in the discharge of my duty to my selfe in particular, but to your selves and to our whole Country in generall for the present, and for our severall posterities for the future, and the Lord give you grace to take this timely advice, from so meane and unworthy an instrument.

One thing more (Sir) I shall be bold to crave at your hands, that you would be pleased to present my Appeale here inclosed, to your Honourable House; perchance the manner of it may beget a disaffection in you, or at least a suspition, of disfavour from the House: but howsoever, I beseech you, that you would make presentation thereof, and if any hazard and danger ensue, let it fall upon mee, for I have cast up mine accounts, I know the most that it can cost me, is but the dissolution of this fading mortality, which once must be dissolved; but after (blessed be God) commeth righteous judgement.

Thus (Sir) hoping my earnest and fervent desires after the universall freedomes and properties of this Nation in generall, and especially of the most godly and faithfull, in their consciences, persons and estates, will be a sufficient excuse with you, for this my tedious presumption upon your patience: I shal commit the premisses to your deliberate thoughts, and the issue thereof unto God; expecting and praying for his blessing upon all your faithfull and honest endevours in the prosecution thereof. And rest;

From the most contempteous
Gaole of New-gate (the
Lords benediction)
Septem. 25. 1646.

In Bonds for the just rights and
freedoms of the Commons of
England, theirs and your faithfull
friend and servant,

Richard Overton.

To the high and mighty States, the Knights Citizens and Burgesses in Parliament Assembled; (Englands legall Soveraigne power) The humble Appeale and supplication of Richard Overton, Prisoner in the most contemptible Goale of New gate.

Humbly sheweth;

THAT whereas your Petitioner under the pretence of a Criminall fact, being in a warlike manner brought before the House of Lords to be tried, and by them put to answer to Interogatories concerning himselfe, both which your Petitioner humbly conceiveth to be illegall, and contrary to the naturall rights, freedome and properties of the free Commoners of England (confirmed to thereby Magna Charta, the Petition of Right, and the Act for the abolishment of the Star-chamber) he therefore was enboldened to refuse subjection to the said House, both in the one and the other; expressing his resolution before them, that he would not infringe the private Rights and properties of himselfe, or of any one Commoner in particular, or the common Rights and properties of this Nation in generall: For which your Petitioner was by them adjudged contemptuous, & by an Order from the said House was therefore committed to the Goale of New-gate, where, from the 11. of August 1646, to this present he hath lyen, and there commanded to be kept till their Pleasures shall be further signified (as a copy of the said Order hereunto annexed doth declare) which may be perpetuall if they please, and may have their wils; for your Petitioner humbly conceiveth that thereby he is made a Prisoner to their Wils, not to the Law, except their Wils may be a Law.

Wherefore, your leige Petitioner doth make his humble appeale unto this most Soveraigne House (as to the highest Court of Judicatory in the Land, wherein all the appeales thereof are to centure, & beyond which none can legally be made) humbly craving (both in testimony of his acknowledgment of its legall regality, & of his due submission thereunto) that your Honours therein assembled, would take his cause (and in his, the cause of all the free Commoners of England, whom you represent, & for whom you sit) into your serious consideration and legall determination, that he may either by the mercy of the Law be repossessed of his just liberty and freedome, and thereby the whole Commons of England of theirs, their unjustly (as he humbly conceiveth) usurped & invaded by the House of LORDS, with due repairations of all such damages so sustained, or else that he may undergoe what penalty shall in equity by the impartiall severity of the Law he adjudged against him by this Honourable House, in case by them he shall be legally found a transgressour herein.

And Your Petitioner (as in duty
bound) shall ever pray, &c.

Die Martis 11. Augusti. 1646.

It is this day Ordered by the Lords in Parliament assembled, that [  ] Overton brought before a Committee of this House, for printing scandalous things against this House, is hereby committed to the Prison of New-gate, for his high contempt offered to this House, and to the said Committee by his contempteous words and gesture, and refusing to answer unto the Speaker: And that the said Overton shall be kept in safe custody by the Keeper of New-gate or his deputy, untill the Pleasure of the House be further signified.

To the Gentleman Usher
attending this House, or his
Deputy, to be delivered to
the Keeper of New-gate
or his Deputy.

John Brown Cleric. Parl.
Examinat. per Ra. Brisco Clrich.
de New-gate.

Postscript.

SIR,

YOur unseasonable absence from the House, chiefly while Mistres Lilborns Petition should have been read (you having a REPORT to make in her husbands behalfe, whereby the hearing thereof was defer’d and retarded) did possesse my mind with strong jealousies and feares of you, that you either preferred your own pleasure or private interest before the execution of justice and judgement, or else withdrew your selfe, on set purpose (through the strong instigation of the Lords) to evade the discharge of your trust to God and to your Country; but at your returne understanding, that you honestly & faithfully did redeem your absent time, I was dispossessed of those feares and jealousies: So that for my over-hasty censorious esteem of you, I humbly crave your excuse, hoping you will rather impute it to the fervency of my faithfull zeale to the common good, then to any malignant disposition or disaffection in me towards you: Yet (Sir) in this my suspition I was not single, for it was even become a generall surmise.

Wherefore (Sir) for the awarding your innocency for the future, from the tincture of such unjust and calumnious suspitions, be you diligent and faithfull, instant in season and out of season, omit no opportunity, (though with never so much hazard to your person, estate or family) to discharge the great trust (in you reposed with the rest of your fellow members) for the redemption of your native Country from the Arbitrary Domination and usurpations, either of the House of LORDS, or any other.

And since by the divine providence of God, it hath pleased that Honourable Assembly whereof you are a Member, to select and sever you out from amongst themselves, to be of that Committee which they have Ordained to receive the Commoners complaints against the House of LORDS, granted upon the foresaid most honourable Petition: Be you therefore impartiall, and just, active and resolute care neither for favours nor smiles, and be no respector of persons, let not the greatest Peers in the Land, be more respected with you, then somany old Bellowes-menders, Broom men, Coblers, Tinkers or Chimney-sweepers, who are all equally Free borne; with the hudgest men, and loftiest Anachuims in the Land.

Doe nothing for favour of the one, or feare of the other; and have a care of the temporary Sagacity of the new Sect of OPPORTUNITY TO POLITITIANS, whereof we have got at least two or three too many; for delayes & demurres of Justice are of more deceitfull & dangerous consequence, then the flat & open deniall of its execution, for the one keeps in suspence, makes negligent & remisse, the other provokes to speedy defence, makes active and resolute: Therefore be wise, quick, stout and impartiall: neither spare, favour, or connive at friend or foe, high or low, rich or poore, Lord or Commoner.

And let even the saying of the Lord, with which I will close this present discourse, close with your heart, and be with you to the death. Leviticus, 19. 15.

Yee shall doe no unrighteousnesse in judgement; thou shalt not respect the person of the poore, nor honour the person of the mighty, but in righteousnesse shalt thou judge thy neighbour.

October 12. 1646.

FINIS.


T.79 (3.19) William Walwyn, A Parable, (29 October 1646).

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Bibliographical Information

ID Number

T.79 [1646.10.29] (3.19) William Walwyn, A Parable, or Consultation of Physitians upon Master Edwards (29 October 1646).

Full title

William Walwyn, A Parable, or Consultation of Physitians upon Master Edwards. Doctors: Love. Justice. Patience. Truth. Observers: Conscience. Hope. Piety. Superstition. Policie.

London, Printed by Thomas Paine, for Giles Calvert, and are to be sold at his shop at the Black spread Eagle, at the west end of Pauls Church. 1646.

Estimated date of publication

29 October 1646.

Thomason Tracts Catalog information

TT1, p. 472; E. 359. (8.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

To the Reader

To the Reader

Men, for the most part, of all opinions, are bread up with so much feare and scrupulosity, that they no sooner arive to some measure of knowledge in their particular way, but they become meere Pedants; fierce and violent censurers of all things; they are not accustomed to themselves, instantly engaging, and condemning, before they have deliberately examined, or maturely debated the thing they judge: which is an evill and unhappy temper of mind, because unsociable: and proceedeth from want of that generall knowledge, which freedome of consideration would beget.

It is therefore worth our labour, to study how to reduce our minds into the most friendly disposition, to be ready, and alwayes provided of harmlesse and friendly thoughts of men and things, untill evident cause appeare to the contrary; not to looke with an evill or a growling eye, as if we desired to find matter to except against, it is a shrewd signe of disease, when the stomock hankers after unwholesome things.

It cannot proceed from true Religion rightly understood, to beget melancholly, moody, angry, frampoll Imaginations, for that rightly understood begets cheerfulnesse of spirit: which is ever accompanied with love, and maketh the best construction: for love thinketh no evill: but hopeth all things: and is very kind to all men.

The ensuing discourse, would not need this preparative, but that there is an aptnesse in the most to misconster; and a readinesse to give eare gladly to any that shall shew either wit, passion, or mallice, in finding fault: it is a pitie good people should so easily be deluded: or evill men so easily worke their ends upon them: or good intents be so easily frustrated: the unusualnesse of the Title and method of this discourse will minister occasion to the Weake and to the Perverse: but if the authority, antiquity and use of Parables, be considered with some ingenuity, the Author will not loose to end of his discourse, nor of this preface, which is, to worke amendment in some, where there is cause enough.

A PARABLE. Or Consultation of Physitians upon Master EDWARDS.

Doctor Love: Mr. Edwards, I have knowne you long, and have considered your complextion, & inclination; & am no stranger to your alterations and changes: your turnings and returnings: your loathing, and againe liking, one and the same thing: and was alwaies willing to have advised you, to take some fit course in time; as being too well assured, you could not but fall into some desperate distemper; which now we all see hath proved too true: but you ever shunned my acquaintance; and at present, seem so little to regard my words, as if you wished my absence.

Doct. Patience, Sir, excuse him, you see his distemper is very violent.

Doct. Love, Nay Sir, it moves me nothing; nor shall not hinder me from doing him all the good I am able.

Mr. Edwards: Gentlemen, as desperately violent as you judge my distemper; I have not yet lost the use of my sences, I know you all; and have heard Mr. Loves wise exordium: I have known him as long as he has known me, but I was never yet so simple, as to think him wise enough to counsell me, in case I had needed any; nor doe I know by what strange meanes, he or any of you (of his politique tribe) thus thrust your selves upon my privacy.

Piety, Sir, it was my care, and their loves that brought them hither for in my apprehension, you are in a most dangerous condition: and the more, because you are altogether insensible thereof.

Truth, He is either very insensible as you say, or very obstinately desperate.

Mr. Edw. As for both your judgements, I value them no more then I desire your companies: and as for you friend Piety, you and I of late have had no such great familiaritie that you should presume to be thus officious, and indiscreetly troublesome: you see I am not friendlesse, here are friends whose friendship and counsel I much esteem: Pray friends, what is your opinion of me, am I not as sound of wind and limme, as ever I was in my life? have I need think you of the counsell of these learned Doctors or not?

Superstition, Mr. Edwards, you know I am your faithfull friend, I have received much good by you, I would not for anything in the world, the least hurt should befall you: It is from you, I have received that little knowledge and comfort that I have, for which I have not been unthankfull; if it had not been for you, I might ere this have run into one strange Sect or other, but through your care, I keep close to my owne Church, and to the Churches Doctrine, through which I live quietly, and for which I am respected in the place where I live, and may in time be some body in my parish, if not in the City: and therefore I love you, and will be plaine with you: I professe Sir, I judge the Doctors to be very simple persons, for it is as evident, as the light that is in me, that you are in as perfect a good condition as I my selfe am at this time, and I am confident you will say I were very unwise, to ask their advice.

Conscience. For all this Sir, you must know these Doctors, are of approved judgement and fidelity, and how ever you may desire to be flattered, you very well know, the ignorance and weaknesse of this your friend Superstition, whom yet you sooth and keep company with all, and make to much use off contrary to my counsell: you were better abandon him, and all the advantages you make of him: and whilst you have time, give eare to the counsell of these Doctors: if you neglect this opportunity, you are likely never to have the like.

Super. Sir, you are too rash in judgeing, but Mr. Edwards knows me, and I know him, better then to be estranged by you, or any such as you are.

Justice. By your favour Sir, you may sooner be too rash then he: for what he hath said wee shall find both just and true:

Policy. Truly Mr. Edwards, I am glad I have a further occasion to shew my love unto you at this time: you and I for some yeares now have been bosome friends; you cannot imagine, I meane any otherwise to you, then your owne heart; and I must needs tell you, I do see some symtomes of disease upon you: but what it is, these learned men can best judge: and if I may perswade with you, you shall for your owne good; thankfully except their loves, and submit to their judgements, and directions: but this I must also say, that I evidently see there is no cause of hast, some few dayes hence may be time enough, in which time, you and I shall have setled that busines which you know I am now come about: A work gentlemen, that being finished, your selves will say, was worthy the hazard of his and all our lives; no lesse then the building of Gods owne house, sweeping out of hereticks & schismaticks, stopping the mouthes of illitterate mechanicall preachers: and beautifying this holy building, with the glorious ornament of uniformity, the Mother of peace and all blessed things.

And if it will please these worthy Physitions, and the rest of your friends, to give you and I leave for the present, to goe on with this pious work, and to repaire to you when you shall find cause to call upon them, I think they shall in so doing shew not only a care of you, but of the whole Church of God: nor shall I leave it only to your own care Mr. Edwards, for truly gentlemen, he is too apt to neglect his health and all that is deare unto him, for the good of his brethen: I speake my conscience, and the very truth from my heart and am confident no hurt can come to him, but a great deale of good to the publique; if you allow of this my counsell, and I judge you so prudent and pious, as to preferre the publique, before your owne private trouble.

Cons. Although (Mr. Edwards) when you and I, and your friend Pollicy, are together, and no body else, he alwaies overswaies you, ever proposing things sutable to your corrupted humours, yet now here are others present that can impartially judge betwixt us, and therefore I shall use my accustomed plainnesse, though I have never any thankes for my labour. (Pray Sir, turne not from me, but heare me, and let these worthy men judge betwixt my perswations, and the perswations of Pollicy) gentlemen, I pray observe well this darling of his: This is hee whose councell he hath long time followed, he it was that first inticed him to undertake this unhappy worke, which contrary to all reason and Religion, he calleth the building of Gods house, &c. though I shewed him plainly, he went about therein to destroy the living houses of God: the vexing and molesting of his most deare (because most consciencious and peaceable) servants: though I told him plainly, any that differed with him, might as justly compell him to conforme unto them, as he could compell them: though I manifested that he was as liable to errour, as any that he complained off, and that therefore there was no reason why he should endevour to make men odious for opinions: I shewed him it was impossible, so long as knowledge was imperfect, but men must differ: I shewed how neverthelesse, every man was bound equally as himselfe, to worship God according to his own and not another mans understanding of the word of God. I told him he would bring upon himselfe, the odium of all judicious Religious people.

I put him in remembrance, how extreamly he himselfe complained of compulsion and restriction of worship; in the Bishops times: laid before him their miserable endes, and the great disturbances, that have arisen from thence to the Commonwealth, shewed how much it tended to devision, and confusion, to set up one way of worship and to persecute or dispise all others, that it was not Gods way to bring men to truth by force, but the devills and Antichrists, to fasten men in errour: that there was no sin more unreasonable nor more odious in Gods sight, then to enforce men to professe practice, or worship, contrary to knowledge and beleefe: and that to enforce is as justly punishable by man, as any other violence.

This and much more I told him continually: yet this wretched Pollicie finding him ambitious, and covetous, applyed his arguments, to these his corruptions; and in an instant, swayed him into an engagement: for he said no more but this: if conscience heere will undertake to secure unto you the honour, domination and profit, due to you as you are a Clergy man, then follow his councell: but if his, tend to make you esteemed, but as a lay man, and (not regarding your learning and venerable calling) to mix you amongst the vulgar, and (in effect) bidds you to labour with your hands the things that are lawfull, that you may no longer be a receiver of tythes, offerings, &c. but from your owne labours and sweat, to give to them that need: if he bids you, having food and rayment be herewith content: and I shew unto you a way to abound with superflueties, like the men of this world, and to have a large share in controwling the unlearned, and shall manifest unto you the defects of the prelatick Clergy, and shall supply you with rules that cannot faile to effect our desires: then let you and I joyne our force and councell together.

And if we doe not in the end, share between us all the honours and glories of this world, saye Machevill was not so wise as Ignatius loyola the Father of the Jesuites: upon this they struck hands, and ever since have plyed their work, and though successe hath failed, and time hath produced contrary effects, those increasing in number, and reputation, whom they labour to suppresse and defame; though Mr. Edwards through malencholly, and vexation, be fallen into this desperate condition, you now see him in: yet you see this wicked Pollicy labours in a most cunning manner to diswade him from taking your present councell, least you should direct him for his recovery, into some such course, as would frustrate his wicked designe, and deprive him of this his most speciall instrument: this is the intent of this crafty pollicy.

And if you interpose not with your wisedome, he will prevaile, to the ruine of this our distressed Friend, for a few houres more, in this ungodly worke (falsly and deceitfully called the building of Gods House) will put him past hope of recovery; therefore admit of no delay: but if Piety will help: you, and I, & he and hope: will thrust this varlet Pollicy downe the stayers, and out of doores, and then I shall not doubt but some good may be done; come, pray set your hands too’t, suffer him not to speake a word, for he will delude a whole nation, and make you beleeve no man is so godly, or so charitable as he—what a sturdy strong devil it is, you have had so good entertainement heere; you are loth to depart; stand too’t Piety; Justice, Love, Truth, (Patience, where are you now; you will still befoole your selfe) down with him,—so out with him, and lie shut the doore fast enough I hope, for his entrance heere any more: —how this one ungodly wretch has made us all sweat; Superstition, I thought you would have been so vainly zealous, as to have helpt him, but an you had, you had gone too, but was well you were quiet, you shall now stay and see what usage your woefull friend here finds amongst us.

Love: Conscience, Let us sit still a while: I judge your violence against Pollicy, (being unexpected) hath put our distressed Friend here, into a kind of extacie; let us observe the issue: I doubt not after this, wee shall find him sencible of his distemper, draw the Curtaines close; if he rest twill do well.

Justice, Conscience, I cannot but approve your faithfulnesse to your friend, in the course you have taken against Pollicy I must confesse, had not you by your pertinent discourse, kept my eyes open his subtill speech had deluded me, as I see it did Patience, who was at the doore to be gon, but it is: better as it is: let us consider what is to be done.

Truth, As old as I am, I confesse ingeneously I never yet was called to such a consultation, the distemper is of such a nature, as I have not scene the like, that a man should discourse, labour, studdy, watch, write, and preach, and all these to the continuall vexation of honest, religious, peaceable people, and yet seemeth not to be sencible of any evill he doth therein: though nothing in it selfe be more opposite to the true end of labour, study, writing, or preaching, and what to advise in this case, I professe I am at present to seeke.

Justice, What think you of an issue, if the humors be not too much setted, they may gently, and by degrees be so drawne from him.

Patience, Happily I may speake some what properly of his disease, because I have had much to doe with him of late: and it will be a good step to his cure if we can but discover his disease: All my reading will not furnish me with any definition or denomination I must therefore take the boldnesse to transgresse our common rules, and for your information; coyne a name and call it a fistula in the brayne: whose property is to open, and vent it selfe once a month, and though the matter it issues, be to a sound nostrill the most intollerably odious that can be imagined, yet to himselfe it is not so offensive; and the great profit he makes thereof, makes him beare with the stinke thereof.

For to such as this man is whom you call superstition, nothing sells at a deerer rate, nothing is more exceptable, it is their meat and drink, without it they are as dead men, with it, who but they: and this makes him instead of seeking after a remedy, to studdy how to increase the humour, and nothing shames or grieves him more then when it flowes not monthly having proclaimed a market once every month: as beggers live by their sores so doth he by this fistula, cure him and you undoe him: a Phisitian is as death to him, divers have undertaken him but all his study is how to mischeife them and he only, is welcome, that feeds his humour: I think he speakes pray let’s listen.

Mr. Edwards, Welcome Sir, you are very kindly welcome, pray sit downe, I see you faithfully labour, and take paines, in the sweeping of Gods house; come what Rubbish have you discovered—so, I have heard indeed, he is a stirring Sectarie, but have you nothing else against him, but Rebaptizing and generall redempsion, I had as much before; and have publisht it, with as much reproach as I could, and yet I heare their numbers increase dayly, is there none amongst them, adicted to drunkennesse, or whoredome, or theivery—come, speak all you have, I can not be my seife in every place, if you bring me not matter to reproach them and they thrive and increase, the fault’s yours, and not mine— A Tayler and Porter Preach, whats this now adayes? tis nothing twill doe nothing; they are heard with as much respect as I am: for shame abroad againe, and bring some extreordinary matter, or all our labours lost?

O tis well yee are come—you spake with him your selfe you say, and provoak’t him to discourse all you could; what, and bring away nothing? Devillish cunning indeed; ask’t two questions, for you one; go, you are simple, and for want of wit, and dilligence, the Sectaries increase dayly, and will doe except you bring something dayly for me to make them odious withall; goe; mend for shame, and let not them out-strip you.

So, tis well you are come— I am almost out of breath, with chiding the simplicity of those I employ as intelligencers:—Your kinsman you say, dyn’de in your company; at your friends house, very familiar you were, and merry; he suspecting nothing, but friendship from you (an excellent opportunity) well, and there he uttered the words in your note, which you say, you can safely swear to—Yes, you did say you could sweare to it? and why should you now scruple it, since you presume it is truth? Well leave me your note.

I shall now pay this great Favourorite of the Sectaries, your note shall not be lost, nor a little of it, never feare it: pray be continually watchfull in this great worke, you know your labour shall not be lost.

I thought I should have seen no body to day: I am glad yet you have not forgot the worke: A great meeting you say, and a Petition read, somewhat tending to liberty of conscience; and they talk of the King, and the Parliament, and assembly, and Scots, and the Army, and you were there all the while: but whats all this, without some perticular words that can be taken hold off.

Ile not give a rush for such informations, can you make me believe, so many Sectaries could be together, and nothing to be, taken hold off; away for shame, be sure you be at next meeting, and take somebody with you, that is able to bring away somewhat to purpose; begon I say.

O come, I have been so vext, men bring a great deale of circumstance. but no substance at all: What is it you have got: —Mr. Peters you say, spoke the words in this paper: you are sure of it: and M. John Goodwin these in this paper: and Mr. Kiffen these: this the copy of a letter written from the North: A woman dipt, and dyed tenne daies after: and this the parties name that dipt her: An Anabaptists wife very well in health, and in five daies dead of the Plague: so, you have no more you say; truly yee have done very commendably; never feare the losse of your trade.

Ile take a care, some friends I have shall be better to you then twise your trade: Olack, I would not for any thing you had forgot it: is that active youth (say you) suspected to be a Jesuite; you say you have strong presumption of it; and what is said by him you wot on—How an Atheist and blasphemer—and the other a drinker, and loose companion: truly I am glad I know it: if I doe not set them out to the life; let me Perish: heres matter worth the publishing: this will be welcome newes to my deere friend Pollicy, who is now setting the greater wheeles a going, and hath prevailed very farre already; nor doe I doubt, but all will be as he and I doe wish; but I must be carefull to keepe all close from my busie companion Conscience, hee’s one that knowes too much of my secrets, and I know not well how to be rid of him; I think Pollicy and I must each him alone, and stifle him.

Love, How strangely his mind runnes upon the unhappy worke, he hath undertaken: if we interupt him not, he will spend all his spirits, and expire in this extacy: Conscience, pray take hold on this occasion, and speake to him.

Conscience, Mr. Edwards, I know all your proceedings, observe all your waies, and have ever faithfully advised you for your good to leave the wayes of Pollicy, and to walke in the waies of Christ; but you are so farre from following my advice, that you lay plots to stifle me; but?

Truth, Conscience, save your labour: your voice no sooner sounded in his cares, but he fell fast asleep, tis wonderous sad to consider, but I hope the issue will be good.

Justice, Twere but just, he should never wake; I never observed the most wicked man in the world, delight in so abominable a worke.

Patience, Deare Justice, Let us take this opportunity, to consult what may be done for his recovery? for that is now our worke.

Piety, I pray yee friends, bring the light and come hither, I begin to smell the most filthy savour that ever was smelt; see, see, what a black froth his mouth fomes with all; see, it riseth more and more, some thing must be brought to receive it from him: out upon’t, I am not able to hold the light any longer, if it continue thus, we shall no be able to endure the roome.

Superstition, Pray let me doe that office, I wish I might never have a better sent, I am sure some of you smell of ranke heresie, if I mistake, not.

Truth, Wee must beare with your weaknesse, till you are better informed, how abundantly it flowes: he is now extreame weake: but were he in his wonted strength, with this most filthy Gangrenous matter, would he mix his inke, and whilst it were even hot, and boyling, fall to writing as he hath done lately, some huge volumne; with which he poysons the spirits of thousands (otherwise) well minded people; and fils them with a violent, masterfull disposition, with which they goe up and downe, vexing and molesting all they meet, if any man refuse to doe as they would have them, in the worship of God (though never so peaceable and well minded) him they revile, at him they raile, call him Anabaptist, Independent, Brownist, Seeker, Antinomian: worry and vex him, by all the waies and meanes they can: instigate the Magistrate, and rude people, to wearie them out of all societyes: and will joyne with their owne enemies, to their owne ruine, rather then these should have a quiet life amongst them: It flowes extreamely stoop him a little (humillity is alwaies good) I feare it will blister his mouth, it is so hot, but I hope it will all come from him, and then wee shall have no more to doe, but to get out the bagge for that must be done, other wise the humour will fill againe, and he will never be perfectly cured.

Hope, Sir, the couler begins to alter from its blacknesse, and turneth red.

Patience, There is now some hope of a good event: it doth not smell so strongly:

Love, Pray hold this soveraigne Pomander to his nostrill, lest his spirits faint.

Piety, I should be exceeding glad to see his recovery, which if he doe, truly Conscience, you deserve the greatest thankes.

Justice, There comes now perfect blood; my opinion is, wee must instantly proceed to open his head, and take out the blader, and in roome thereof, to leave some ingredients, proper for rectifying the temper of the brain and to bring it into a good constitution. I have instruments ready, and he sleeps very soundly.

Love. Patience. Truth, Wee all agree: but let us be very tender: Superstition, you had best withdraw a little, lest you fall into a sound, or your hand shake: give the light to Piety: Conscience and Hope, lend us your heipe: who should that be that knocks so loud. Conscience, pray step and see—

Conscience, What an inpudent wretch is this? who should it be but Pollicy, returnd in a grave Doctors habit, pretending to be sent hither, by a Colledge of friends, to lend his assistance: twas well I went to the doore, for he would have deceived any that had not knowne him so well as I, he was so like a Collegiate, sure his familier tels him, his agent is likely to be dispossest; but I have sent him packing, with a vengeance: pray goe on with your worke.

Justice, I pray bow him a little more to me-ward, so, give the pan to superstition, I am not able to stand neere it.

Piety, Rather let it be burnt, for Superstition is too much infected already.

Conscience, By no meanes, Ile keep it untill my friend wakes, that he may see, what filthy matter, his head was stuft with all.

Piety, It is well considered: and if he loath the avon himselfe, his cure will the better appeare to us to be perfect.

Love, Doe ye not lance too deep think you? Pray be very carefull.

Justice, Pray Piety hold the light neerer: come all hither, see-what mighty large bag it is, I professe I never saw the like—except in the late head of great CANTERBURY; but it was not discovered till after his death: but the savour of this is much worse; what shall we doe with it, now we have it out? sure it is best to reserve it, to shew him with the matter it contained, otherwise he will never beleeve it: and I pray be all ready, with your severall ingredients to fill up the empty place, that the humours may be rectified; and that thence may issue forth, no more such unsavory pestilent matter, odious to good men, but such as may bring honour to God, and peace to all good men: come let us see what wee have amongst us, for this work will admit of no delay.

Love, I have a most excellent powder, the maine agent therein, being the eyes of Turtle doves: and the property thereof, is to expell all sinister apprehentions, and hard constructions of men and things.

Justice, I have a balsome; approved by long experience, for the clensing, and drying, of all violent, hot, and grosse humours.

Patience, I have found much profit, by carrying about me the well known plant, called Al-heale: and I judge it very usefull in this cure.

Truth, I have an ingredient, which though of a strange nature, yet without it, I am parswaded the cure cannot be perfect: it is an extraction from the braine of a Serpent: which gives quicknesse of apprehension and foresight.

Justice, I pray you truth be carefull you ecceed not the just proportion, because if you should, yould marre all: Hope, what think you of our course.

Hope, I approve thereof, so farre as I understand: but here is Piety, is better able to judge.

Piety, I exceedingly approve of all: and if you please Ile mix them and work them into a body, and forme the same, fit for the place: and then Justice, when you please you may goe on with your worke.

Justice content:—so—tis very well he stirs not: Ile close up all, and wee will all with draw, and leave him to rest: for rest now will be his best friend: Conscience weele pray you to stay with him: if he stirre youle call us, weel be but in the next roome.

Love, This Conscience is of true temper to make a friend off, he neither flatters nor feares: no unkindnesse alienates him, nor danger affrights him, from doing the office of a true friend at all times: one would not be without such a friend, for anything in the world: this distressed man hath extreamly abused him; and yet you see with what fervency of affection he sticks to him.

Justice, I know abundance of the name, and of his kindred, and truly all the generation of them are such.

Patience, Whence is hee, is he a Scholler? What profession is he off?

Truth, I never saw no signes of schollership in him; nor doth he make any profession (that I know of) of any one calling now in use: but he is of a wonderous publique spirit: you shall have him at all meetings, that are for publique good, finding fault with the lazinesse of one sort of men, with want of charity in another, with pride and disdaine in another: telling them they glory to be esteemed Christians, and talke much of Religion, go much to Church, heare and read, and pray, and fast frequently, because these are the cheapest parts of Religion; but to deliver the captive, and set the oppressed free, or to feed the hungry, cloath the naked, or visit the Fatherlesse Widowes, to all these they are very backward, when they are called to these, one hath a great family, another hath married a wife, another hath but one servant at home, & cannot be spared from his trade, & getting of mony; I says he, you are rare Christians that can aboud in this worlds goods, & see your brother lack.

His dealing is so plaine, & to the point; that very few regard his company, and that’s the reason, those great meetings produce so little good as they do; for without his company, you shall never see any effect worthy the name of Christian: he hath had no breeding, neither in the Universities, or Ins of Court: never was a Courtier, nor Trauailer; & yet he is ignorant of nothing: & speaks very shrewdly to purpose; owneth every just & publick cause, without respect to persons or opinions: he will not weare finer cloathes, if you would give them to him gratis: & yet to an ingenious & vertuous man, there is not a more pleasant companion.

Hope, Pray yee, what Religion is he off.

Truth, For matter of outward formes, he is very reserved, as if he were not fully satisfied; I have often heard him say, God is a Spirit, and will be worshipped in spirit and truth: but he professeth himselfe, to be clearely for liberty of worship; and the greatest enemy to compulsion or restriction that can be; affirming there is no sinne so unreasonable, or un-Christian, as for one man (especially one erring man) to persecute, punish, or molest another for matters of Religion, or to make Lawes, concerning any thing supernaturall: he saies it proceeds not from any savour of Christianity, that men doe so: but from an imperious domineering spirit, that takes it in foule scorne, that any man should doe any thing, but by Licence from him: I assure yee Conscience allowes no such dealing; and this is the maine quarrell twixt him, and our Patient Mr. Edwardse but I hope wee shall see them good friends againe.

Superstition, Well, if this man dye under your hands, your lives shall go for his: Ile take my oath, you are the cause of his death. Piety, Spare your teares. Superstition, you shall find we have done him a good office, you will see him a new man: and your selfe too I doubt not ere long,

Conscience, Hoe, friends, pray yee all come in quickly.

Love.
Justice. } Whats the matter?
&c.

Conscience, Doe you see this posture wherein he lyeth? thus he hath layne about a quarter of an houre, his lips moving, his hands and eyes lifted up, just as if he were praying in the Pulpit.

Hope, It is very wonderfull: He takes notice of nobody, what will be the issue? See, he now strives as if he would raise himselfe, as if his prayer were ended, and he were preparing to Preach; Conscience, help to hold him up, and see what he will doe: certainly he supposeth himselfe to be in some great presence, for just thus is his manner at such times—peace, and listen for he begins to speake.

Mr. Edwards, Men of England, my purpose is not now (as formerly) to promote my owne work: but to prosecute what is just and necessary, without respect of persons, or opinions: which hath occasioned me to make choice of this place of Scripture.

The whole commandement is fulfilled in this one word, LOVE.

It hath often come to my thoughts why the Apostle Saint John is called in a peculer manner, the Disciple whom Jesus loved; but it never made so deep impression in me as at present: certainly there could be nothing more joyous to his own spirit, then to consider it; and my heart at present panting after the reason thereof: tels me that John certainly was of a mild, a loving, and tender disposition, more eminently then any of the rest; so soft, that our Saviour chose his brest, for a place of his repose: and I am strengthened herein, because I find it recorded of him, that when he was so old that he was hardly able to come in to the speaking place, or to speake, he prosecuted this most blessed and amiable theame: little children love one another, repeating it often, little children love one another: as having throughly disgested this lesson of his Masters: the whole commandement is fulfilled in this one word LOVE; Love is the true touch-stone of all Christian performances, it instantly manifesteth how things are; so much love, so much of God.

It is the surest guide in all private and publique undertakings; without a due regard to the rule of love, all things will goe wrong: observe it, & it will be like the North pole to the Marriners, to guide you to the quiet harbour of justice and peace: it is a rule easie to be understood, the meanest capacity is capable thereof, none can excuse themselves that swarve from this rule.

If you would know your duty to God, it will tell you that in equity you are to love, as he hath loved: hath he so loved, as to give himselfe an offering and a sacrifice for you, then ye ought to waike in love as Christ hath loved; would you know how you should manifest your love to Christ? Love will set before you the sick, the naked, the aged, and impotent; it will lead you to prisons, and houses of distresse, and shew you the captives, the widowes and fatherlesse Children, and it will assure you that in as much as you ministred to the necessities of these, you have done it unto him, but if you have this worlds goods, and see, and suffer these, or any of these to lack, there is not the love of God in you.

Would you have a rule for your conversations? Why, the love of God which bringeth salvation to all men, hath appeared teaching us to deny all ungodlinesse and worldly lusts, and to live righteously, godly, and soberly in this present world: Are yee publique persons? Are yee intrusted to judge righteously in all causes: Love is the best property even in a judge, for God is Love, who is the righteous judge of all the earth, and slayeth not the righteous with the wicked: Love (rightly so called) putteth no difference betweene high and low, rich and poore, but loveth all men (as they are men) alike: but the proper object of Love is vertue, the more vertuous, the more it loveth; the lesse vertuous, the lesse it loveth: what so ever justly deserveth the name of infirmity, Love can beare with all: but it is contrary to its nature to beare with wickednesse, because mercy to the wicked, tends to the ruine of the just, and so becomes the greatest cruelty: Love is just, as God is; spares not the greatest, for his greatnesse, nor the wealthy for his money, nor any for any by respect; so that hold but up your love to God, and you can never be partiall in judgement.

Love doth as it would be done unto, in which respect it is a motive to the compleat performance of trust: for would it not grieve you to have your love abused, in the trust you have given for your good: doubtlesse it would? Why then (sayes Love) grieve not those that have loved and trusted you: but be watchfull for their safety; tender of their freedomes, and then you shall certainly reape the fruite of love, which is an aboundance of love and reall thankfulnesse.

Are you in dispute what you shall doe in matters of Religion! take Love along with you, to light you through this laborinth, whence never any Authority returned without prejudice? Say now, is Religion of that nature that you can referre it to him (whom you must love) to set you rules in such sort, as you can assure your selfe, you shall without sinne obay those rules.

Nay when your friend hath done all he can doe; are you not to follow your own understanding of the word of God & not his? and if you doe not so, doe you not sin? if so, how can any trust Religion? And if none can trust, none can be trusted? And love will never meddle with matters not intrusted, by way of injunction, but only by perswasion: whilst we live here knowledge will be imperfect, and whilest it is so, that which seemeth truth to one, seemeth an errour to an other: If I now shall be so unadvised, as to call him an heretique who differs from me, I doe but provoke him to call me so, for he is as confident of his, as I am of my judgement: and here the rule of Love is broken, that ought not to love in reference to opinion but according to vertue and godlynesse of conversation; for this were a way otherwise, to bring all into confusion, there being so many severall opinions; if one should revile and reproach another, with the names of Heretiques and schismatiques. Anabaptist, Brownist, Antinomian, Seeker, Sectarie, Presbyter, this tends to nothing but to devide the honest party, and to make way for your common enemy; for in whatsoever the true and evident rule of Love is broken, it tends to dissolution, it being love that preserveth all things.

Therefore my humble advice is in this great cause, (upon which more dependeth, then is presently seen) that you give not countenance to one before another, for that begets a high conceite in those you favour, and makes them dispise all others, though they may be as nigh the truth as those; in the one you beget pride, in the other feare; the fruit of both being the worst that can come to any people; none are now infallible, truth and errour are two easily mistaken; but love; is easily understood; to doe as you would be done unto, is a rule generally agreed on.

Let those that conceive they can justly submit their consciences to others arbitration in the worship of God, give in their names for themselves and the places they represent; I beleeve upon a little consideration few would be found; tis not what formerly hath been done, but what may justly be done, that is to beare sway with all true reformers; No man hath been more earnest then I, for compelling all to uniformity, and for punishment of all contrary practisers, but I now see my errour; and will doe all I can to make amends for the evill I have done; the books I have written, I will burne with my owne hand: for I judge no opinion so evill as molestation for Religion.

What I have in hand, shall never see the light, because I now see it to be a work of darknesse, and I exceedingly rejoyce that I have this opportunity to declare thus much before you: if ever men shall kindly be brought to be of one mind, I see it must be by liberty of discourse, and liberty of writing; we must not pretend to more infallible certenty then other men, this distinction of Clergy and layety, how I loath it, Ile no longer abuse the world therewith, nor with any thing appertaining there unto, I will henceforth magnifie nothing but love: I am the devoted servant of Love, and his lovely companions. Justice, Patience, truth, Piety, and Conscience, shall be my fortresse to defend me from the wiles and force of Machiavilian Pollicy: O Love! how thou hast melted me, how thou hast refined me, and made me all new; perfect thy worke O! Love, that I may become all love, and nothing but love.

Piety, Here is a happy change indeed: certainly the cure is absolute, we have great comfort of our poore indeavours: how his discourse fell at last from the publique to his particular content: my advice is, that wee all silently depart, and let all things be removed as if no man had been here: as for you Conscience, I know you will not leave him, and when he wakes, your presence doubtlesse will be most acceptable.

FINIS

T.80 (3.20) John Lilburne, London’s Liberty in Chains discovered (October 1646)

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T.80 [1646.10.??] (3.20) John Lilburne, London’s Liberty in Chains discovered (October 1646).

Full title

John Lilburne, London’s Liberty in Chains discovered. And, published by Lieutenant Colonell John Lilburn, prisoner in the Tower of London, Octob. 1646.

Jer. 22. 15. 16. 17.
Shalt thou reign, because thou closest thy selfe in Cedar? Did not thy Father eat and drinke, and doe judgement and justice, and then it was well with him?
He judged the cause of the poore and needy, then it was well with him: Was not this to know me, saith the Lord?
But thine eyes and thine heart are not, but for thy covetousnesse, and for to shed inocent blood, and for oppression and violence to doe it.
Therefore thus saith the Lord concerning Jehoiakim the son of Iosiah King of Judah, they shall not lament for him, saying, Ah Lord, or ah his glory.

The pamphlet contains the following parts:

  1. Introduction
  2. The Charter
  3. The Copy of the Protestation made by the Citizens of London, the 29. of Septemb. 1646
  4. A Postscript written by Lieutenant Colonell Iohn Lilburn, Prisoner in the Tower of London, Octob. 1646
  5. The Copy of the Order (22 June 1646)
  6. To the Honourable the Knights, Citizens, and Burgesses of the Commons House in Parliament Assembled. The humble Petition of William Sykes, and Thomas Iohnson, Marchants, on the behalfe of themselves, and all the freemen of England (4 March, 1645)
  7. (Other Documents)
  8. To the Honourable, the chosen, betrusted, and representative Body of all the Free-men of England, in Parliament assembled. The humble Petition of Lieut. Col. John Lilburn
Estimated date of publication

October 1646.

Thomason Tracts Catalog information

TT1, p. 472; E. 359. (17.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

IT is to be observed, That the illegall election of great Ministers and Officers for the administration and execution of Justice, and where the people have been and are deprived of this their just right and liberty; there have ever all actions and practises of injustice and oppressions abounded: Freedome and Liberty being the onely Jewels in esteem, with the Commonalty, as a thing most previous unto them, and meriting that men should expose themselves to all danger, for the preservation and defence thereof against all tyranny and oppression of what nature and condition soever.

For prevention therefore of these mischiefes and miseries, (which through evill government of magistrates by their injustice and other the oppressive practices) doe usually fall upon Kingdomes and Cities. And for that all lawfull powers reside in the people, for whose good, welfare, and happinesse, all government and just policies were ordained: And forasmuch as that government which is violent and forced, (not respecting the good of the common people, but onely the will of the commander) may be properly called Tyranny: (the people having in all well ordered and constituted Comon-wealths, reserved to themselves the right and free election of the greatest Ministers and Officers of State.) Now although the tyranny whereby a City or State oppresseth her people, may for the present seem to be more moderate then that of one man; yet in many things it is more intollerable: And it will clearly appeare, that the miseries wherewith a Tyrant loadeth his people, cannot bee so heavy as the burthens imposed by a cruell City.

Therefore all free Cities, lest their government should become a tyranny, and their Governours, through ambition and misgovernment, take liberty to oppresse and inslave the people to their lusts and wils; have in their first Constitutions provided, that all their Officers and Magistrates should be elective By Votes and Approbation of the free people of each City; and no longer to continue then a yeare, (as the Annuall Consuls in Rome.) By which moderation of Government, the people have still preserved their ancient Liberty, enjoyed peace, honour, and accord: and have thereby avoyded those calamities incident to people subjected to the Lawes and Arbitrary Dominion of their insulting Lords and Magistrates (or Masters;) of all which this Honorable Citie, and Metropolis of this Kingdome, upon the first erecting of this Island into a Monarchy, or Kingdome, by that valiant, wise, and victorious Prince, Alfrede, who first freed the Land from under the Danish yoke and slavery, under which it had a long time groaned did with the approbation of their King, and States, then assembled in Parliament, for their well-being, and more peaceable good government, agree, and by a perpetuall law, ordaine, That all their Governours, and Magistrates, should be Annuall and Elective, by the free votes of the free men of the Citie, Then, and Yet, called by the Names of Barons, and Burgesses of London, as appeares by their generall Charters of Confirmation of their Liberties, by severall Princes (before and since the Conquest) although in processe of times, their Titles, and Names of their Offices, bee changed yet the power and right of election still remains, and ought to continue in the body of Commonalty, and not in any particular or select persons of any Company, or Brotherhood whatsoever. And for illustration, and more cleare manifestation hereof, I need none other Evidence, or Proofe, then the Charter of King John, granted to the Citizens before the Incorporation of any Company: The first Company that was incorporate, about the yeare of our Lord, 1327. being more then an hundred yeares after the date and grant of the aforesaid Charter; which hath been since by sundry Kings and Parliaments confirmed. Their Charter I have here set down at large; which, compared with the Protestation, will make good your right, and justifie your claime to vote In electing the Major of this Citie.

The Charter.

IOhannes Dei gratia Rex Angliæ, Dom. Hiberniæ, Dux Norman. Aquitaniæ, & Comes, Anjou. Archiepisc. Episcop. Abbatis, Com. Baron. Justic, Vic. Prapositis, & omnibus Ballivis fidelib. suis. Salutem, Sciatis nos concessisse, & præsenti Charta nostra confirmasse Baronibus nostris de London, quod eligant sibi Majorem de seipsis singulis annis, qui nobis sit fidelis, discretus & idoneus ad regimen Civitatis: ita quod cum electus fuerit; nobis, vel Justic. nostro, si præsentes non fuerimus, præsentetur, & nobis Juret fidelitatem: & quod liceat eis ipsum in fine Anni amovere, & alium substituere si voluerunt vel eundem retinere. Ita tamen quod nobis ostendatur idem vel Justic. nostr. si præsentes non fuerimus. Concessimus etiam eisdem Baronibus nostris, & hac Charta nostra confirmavimus quod habeant bene & in pace quiete & integre omnes libertates suas quibus hactenus usi sunt, tam in Civitate quam extra tam in terris quam aquis, & omnibus aliis locis. Salva nobis Chamblengeria nostra. Quare volumes & firmiter præoipimus quod prædicti Barones nostri Civitatis nostræ London eligant sibi Majorem singulis Annis de scipsis predicto modo: & quod omnes prædictas Libertates, &c. bene &c. in pace beant sicut prædict. &c. Testibus &c. Anno regit decimo sexto.

JOHN by the grace of God, King of England, Lord of Ireland, Duke of Normandy, Aquitain, and Earl of Anjeou, To his Arch-Bishops, Bishops, Abbots, Earls, Barons, Justices, Sheriffes, Stewards, and all his Bayliffes, and faithfull Subjects greeting; Know ye, that We have granted, and by this present Charter, have confirmed to our Barons of London, That they may chuse to themselves every year a Major of themselves, who is faithfull to Us, being discreet and fit for government of the City. So that when he shall be chosen, he be presented to Vs, or to Our Justice, if We be not present, and swear to Us fidelity, and that it may be lawfull for them at the end of the Year, to remove him, and and appoint another, or retain him, if they please; yet so, as the same be shewed to Us, or to Our Justice, if Wee bee not present. Moreover. We have granted to Our said Barons, and by this Our Charter have confirmed, that they may wel, and in peace quietly and fully have and enjoy all the Liberties which hitherto they have used, as well in the City as without: in the Land as in the Waters, and in all other places, saving to Us Our Chamberiege; Wherefore We will and firmly command, that Our said Barons of Our City of London, may yearly elect a Major of themselves, after the aforesaid manner, and have and enjoy, well and in peace, wholly and fully, all their said Liberties, with all things appertaining to the same aforesaid; Witnesse, &c. in the 16. Year of Our Raign.

Wherein is fit to be observed. 1: That all the Free-men of London be all and every of them Barons, being so intituled and ordained by the Kings Grant or Charter. 2. That every of them hath his free Vote in the election of their Major. 3. That they have liberty to chuse any Baron or Burgesse from amongst themselves, without restriction or reference to any particular person or persons, or to any other Fraternities of Aldermen, Commmon-Councell men, or any other particular Gown or Livery-men only; so as he be faithfull, discreet, and such as they judge fit to govern. 4. That no Major may continue in office above one year, without a new Election. 5. That Aldermen were likewise ellgible by the Commonalty, and but to continue for the yeare, Patent 22. Edw. 2. No: 2. Cook 2. Part Institutions, fol. 253. 6. Sheriffes are only eligible by the Barons or Burgesses of the City, as appeareth by by the Charter of Henry the 3. made in the 11. Year of his Raign, confirmed after by Henry the 5. Charta de 2. Hen. 5. Part. 2. No. 11. But of late yeares the Aldermen and Common-Councell of this City, by their power and policy, have invaded your rights and just priviledges, and contrary to the fundamental Law of the Land, & the antient customs of the City, most injuriously have betrayed the trust reposed in them: spoiled you of your Liberties: taken upon them (of themselves, with some selected Companies) without the free vote, the rest of the Barons or free, Burgesses (the Commonalty) of this City, the sole Power & Goverament of the City, changing and altering your Lawes and Customes at their pleasure, and chusing of Majors and Sheriffes, such, and whom they pleased, hindering and prohibiting all others (who ever had the like equall right and interest with them) to have their Votes in the choise and election of the Major and Sheriffes. Whence have ensued many calamities and miseries, even to the indangering of the utter overthrow and desolation of this most famous and honourable City of Europe, being wholly disfranchised of those liberties, and immunities, which even the meanest Burrough or Corporation in England now enjoyeth.

Hence, by their craft and policy, have so many Monopolies and Pattents under pretext of publike good, been brought in, and set up to the ruining of thousands, and great decay of Trade & Traffique, bringing in and countenancing of Arbitrary Lawes, and unlimited Power and Government, and whereby Tyrannie, Injustice, and Oppression, have without controle been exercised and practised by these your late Governours and Rulers, as well as by those your former Governours and Magistrates, not by the Commonalty.

Were not the Land-Money, Ship-money (and many other illegall Taxes and Impositions) with rigour and force exacted of you Citizens by these your illegall Governours? Were not many of you free Barons of this City (for refusing to pay those exactions, and to part with your estates by such illegall tyrannous courses) imprisoned by these your Governours (thus illegally forced upon you without your own free Election?) Were not the cruell Edicts, and bloudy tyrannous Decree of the Star-Chamber, High Commission, and Councell-Table, withall readinesse in a compulsive Torrent executed? Nay, to reckon up in particular, the severall cruelties, exactions, oppressions, insolencies, violencies, and the illegall practises and proceedings of these your Magistrates, and their subordinate Ministers; would require a particular Tractate, which I rather desire might be buried in Oblivion, by a timely restauration of you to your antient and just freedomes in electing your own Officers. But if still you be denied Justice, and may not enjoy your due and accustomed priviledges; I shall be occasioned to remonstrate at large, and in particular, set forth your severall heavy burthens, harsh dealings, great grievances, and severall incroachments upon your Franchises: how, and by whom your Rights and Liberties have been invaded: and how you are inslaved, that were and are (or at least of Right ought to be) free Burgesses and Barons, but now captivated to the Lawes, covetous Lusts, and the Arbitrarie unlimitted power and dominion of your illegally imperious lording Magistrates.

Therefore, for the present, I will insist only upon the manner of the election of your now new Lord Major: The Narrative whereof will fully discover, how much the Barons of this City suffer, and that by their long forbearance, or rather neglect, to own and claime their just priviledges and immunities (if they stoutly stand not up) and resolve to be no longer robbed and spoyled of their Birth-right and Inheritance; They are, and wil be then in danger to be reduced into a condition worse then ever any of your Progenitors, were, under the Bastard Norman Bondage. For indeed, you Citizens are but free-men in name, as intruth this your giving up your selves to the power and government of men, without your free and publike choice and approbation, demonstrates: and therefore (truly) you can be accompted none other then meer slaves to your thus elected Governours, as the rest of the whole Nation is become, unto Lawyers, Attornies, Clerks, Solicitors, and cruell Jaylors, and such instruments of contentions, by whom the peace and flourishing State of this Kingdome is quite devoured, and the people wholly inslaved to their wills; for truth hereof, I appeal to all the Inhabitants of every countie throughout this Kingdome, whose estates, purses, and persons, have for these many score of years groaned under the inhumane burden thereof; all which, is farther demonstrated unto us all, the Inhabitants of this Land, by the (still continued) frequent, unjust, and illegall Commitments of your fellow-Citizens, and all the free Commoners of England to the severall murthering-houses (stiled Prisons) in this Kingdome, abounding in cruelty, murther, and oppression: being most wickedly and powerfully countenanced and supported by their Potent Adherents.

I have shewed you, how by right, the meanest Baron of this City of London (by their Charter) hath as good right to have his vote in the Election of the new Major, and other the subordinate Officers, as the Lord Major, or any Aldermen (for the time being) with their Golden Chaines. Notwithstanding, this undoubted Right be acknowledged; yet is it denied to the people upon bare surmises, and vain pretences of danger, by tumults and disorder, if the same should be yeelded unto, which in truth is, but a poor allegation, and frivolous excuse: The vanity and weaknesse whereof, must needes be apparent to any who is impartiall, and not carryed aside with desire of Rule, through Ambition, and blinded with affection, or beastly besotted, and against Nature and Reason, loving Bondage more then Liberty. For what mischief (I pray you) do we find, or have we ever heard of in any Town, City, or Corporation, (where the Citizens have, and enjoy this freedome) of any disorder or tumults that have grown thence?

Were not the Sheriffes (till now of late) ever chosen by the freeholders in full Country? & yet we find not that chusing to have bin complained of but rather (only) by Prerogative Power taken away to defrauding the people of their free choice due & of right belonging unto them, by the great Charter of the Kingdom. And how are the Commons and Burgesses now assembled in that High Court of Parliament, elected? Whether by the Sheriffe, and some few selected Grandees of each County, or by the Majority of voyces of all & every the Free-holders that will appear, & give their votes upon the day assigned by Proclamation, if our great Senators come in place, and be chosen by the generall and free voyce of all, and not of a few (like some) which hath been the right manner of Election from the first establishment of this Kingdome, and so hath continued to this day, being conceived to be the best forme of Government, and so hath been found to be by approved experience? For, did Rome ever so flourish, as when, not any thing was done but by the Senate and People there? But of this, expect a larger Discourse.

I pray you, whence have we fetched this new wisdome? Surely, not from above, but beneath; it being none other then Satanicall pride in thus despising their fellowes, and free Commoners. For these can be of no other spirit, but such as affect Tyranny, Injustice, and Oppression: And being thus, is it not then a lawlesse Dominion, and so, not of God, but of the Divell?

But let us now say somewhat of the election of the Maior upon the 29. of September, 1646. the day assigned for electing the Maior of London; at which time Mr Wansie, a Citizen and Baron of London, came to the Guild-Hall, London, the place appointed for electing the Lord Maior for the yeare ensuing, (the doore of the Hall being kept shut) the Marshal of London, who was with divers others, standing with staves, to keep the doore: But Mr. Wansie, with divers other Citizens of London, desired that they might have liberty to goe into the Hall; telling them, that they came with intent to passe their free votes in electing the new Lord Maior. But could not by any meanes obtain liberty to enter the Hall, (although by them earnestly desired) but were kept out forcibly with Halberts, Bills, and Staves, upon a speciall command of the now Lord Maior, Thomas Adams: Whereupon the said Citizens having framed a Protest, (which they intended to deliver in the open Court) the said Mr. Wansie having the said Protest in his hand, and reading it to the rest of the Citizens there present; the said Marshall thereupon with force, and much violence, laid hold on him (with the said protest in his hand) and dragged him into the Guild-Hall, and kept him there as a prisoner for the space of an houre, until the Lord Maior and Aldermen came from the Sermon: and then hee was brought before the Lord Maior, and Court of Aldermen; who there examined him strictly about the said Protest; demanding where he had it, and who delivered it to him. And then they all threatned him very violently, that they would send him to New-gate. But he answered, That he knew not the framer of it, nor him that delivered the said protest unto him: and then also affirming, that he and the rest of the Citizens, intended to have subscribed it, and then to have delivered it unto his Lordship, and the rest of the Court. But the said Protestation was detained from him. And he thereupon dismissed for the present, with ingagement by promise, that he would attend his Lordship the day following. But for more assurance, his Lordship sent an Officer for him (as for a Delinquent.) Upon whose appearing before the Lord Maior, the said Marshall made a great complaint against the said M. Wansie, for saying that he would question him the said Marshall for abusing him, as aforesaid, being very earnest with his Lordship to have him committed. But the Lord Maior and some of the Aldermen for that time, dismissed and let him goe.

Thus you may see how imperious this Marshal is (being none other then a meere vassall or servant unto the Citizens of London) shewing and expressing his disaffection to all honest and good men, in the highest nature.

After the thus election of the Lord Maior, the Livery men departing, and the Court not risen, the Hall doore then being opened; the Lord Maior, Thomas Adams, gve command to the Constables and Halbert-men then standing at the doore, that they should take care that no Cloak-men should come in; fearing, as it is conceived, left the Citizens should come in, and protest against that unjust and undue election of the new Lord Maior.

This briefe relation, thus made unto you, may bee a sufficient discovery of the intentions and sinister ends of your great Masters, to continue you still under an enforced slavery and subjection, who esteeming you no other then as abjects, & as unworthy to have any thing to do in the choyce of your own Officers, withholding from you your Charter of Liberties, and Franchises, the more to blind you, and keep you in ignorance, that they may the better carry on their designes against you, for the continuance of your thraldome and to hold your necks under their yoak.

The very relation of the bad usage of M. Wansie, with the manner of the election of the Maior, compared with your Claim of Right, and Protestation against the same; is sufficient to shew & plainly set forth the illegality therof, to which you cannot submit, without betraying your own Liberty. Your Protestation being in my hand, I held it my duty no longer to conceal it: but for your common good to publish the same; hoping, that as you have freely fought for your Liberties, sworn to maintain your Liberties, and largely contributed to the State to inable them to protect you in your Liberties: so you will not sit still, and passe by this injury and indignity of those that would and doe make themselves Lords and Masters over you, by violence and wrong: But constantly adhere to your Protestation, continue the claime of your right, and with courage and resolution, maintain and preserve your just and undeniable Liberties and Priviledges, which are thus unjustly extorted, and kept from you by fraud and force, lest it be said in after ages; These were the men, these were the Fathers that durst not, would not, own their Liberties and Rights: These were the men, who when a free Parliament were sitting subjected them, and their Posterity to voluntary slavery. If you neglect this opportunity, and advantage offered you, for the regaining of your Liberties, and recovery of your Birth-right (the Law;) the losse will be irrepayable, irrecoverable, bringing with it certain ruine, & unavoidable vassalage upon you, and your whole City; yea, though I am not a Citizen, yet no stranger, nor forreigner, but a freeman of England, who hath freely hazarded all, for the recovery of the common Liberty, and my Countries freedome; and it is no small griefe unto me; yea, it lyes more heavy upon me, then all other my troubles undergone, to see our Nationall and Fundamentall Lawes, Rights, and Priviledges, thus trodden under foot, even by those, by whose endeavours we expected a restauration of the same. Oh! the unexpressable misery, and besotted condition possessing this Nation, that we should be so regardlesse of our selves and Posterity, as thus in and by cowardly silence, to betray our selves, and to beget Children, to live and remain (by our meanes) Bond-men, and Bond-women, yea, Slaves.

Look but upon your industrious Neighbour-Nation, the Netherlands, how for a long time, under faire and colourable pretences, (As Conformity, and Religion,) they were spoyled of their Lives, Liberties and Estates. But at the length, they discovered the cunning and crafty dealings and devises of the Bishops, and their Clergie, whom the Spaniard promoted, and used as his Instruments, by whom he intended to bring those Countries under the power of his Soveraignty, and cruell will. These your Neighbours were constrained to knit themselves together by Bond and Oath, to stand up for their common Liberties, and Countries safety, leaning every man (in matters of Religion) according to that common Principle, Religio sua denda non cogenda, Religion may be perswaded, not forced & the good successe they have had therein, and tranquility and security they thereby enjoy; may be great incouragement to us, not to despaire of the recovery of our Native, and just Freedoms, and by the like meanes to put an end to these our troubles, & unnatural oppressions, if we will but tread in the same steps, each one labouring in his place to preserve the common Liberties and Lawes of the Kingdome, which makes us indeed true free-men, without seeking, or endeavouring to Lord it thus (as now we do) one over anothers faith; your Brethren, together with you, and all the Commons of England, have an equall interest, and property in the Law, being all of us free-born English-men.

Therefore look about you, and be no longer deluded to be by a meet shadow of greatnesse and flattery, fooled into slavery; But according to your Protestation, endeavour to preserve, or rather recover your lost Liberties, which under conformity, and other specious pretences and glosses, you have been long deprived of: Till when, expect not any Justice or Right to be done unto you: For, it is impossible, for those that have reduced you to this slavery, to degenerate so far from themselves, as to maintain or give you any assistance or countenance, in standing for liberty, untill they lay down their Offices and Functions, which they all this time have unjustly usurped, and intruded themselves into. I will forbear to insist further upon this matter for the present, being ready and willing, if any should presume to question the Citizens just rights, in the election of their Major; upon the perill of my head, and forfeiture of my life (if I be called thereunto, and may have a just and equall hearing) to prove and maintain, That it is the just and due Right and Liberty, for any free Citizen and Baron to give his vote in the election of the Major, and Sheriffes, and other the publike Officers: the same being grounded upon the Law of God and Nations, and agreeable, as well with the Fundamentall Lawes of this Kingdome, and Customes of this City, as by the Charter and Acts of Parliament (yet unrepealed,) is confirmed.

But one thing I cannot passe by (which may cause some scruples) which is this:

By the words (Barons of London) mentioned in King John his Charter, Whether, all, or but some speciall Citizens of note, are to be understood; to be the Electors of the Major and Sheriffes of London;

That all and every Citizen is there meant and implyed; The very words of the Charter it self clearly manifest: For, the Liberties there granted by the Charter, are to them all as Barons, and not otherwise, not to any other particular persons of any Society: Yet the same may be farther cleared, thus; In that before the Conquest; all Free-holders of this Kingdome, (as well as in Scotland are yet to this day) were called Barons; and therefore saith, Lamb. fol 128. and 136 Court-Baron is so called because amongst the Laws of King Edward the Confessour, it is said thus, Barones vero qui suam habent Cariain de suis hominibus &c. Barons are those who have their Court for their Tenants or men. And this Jurisdiction hath every Free-holder, according to Mirrour C. 1. Sect. 3. & chescun, free Tenant use jurisdiction ordinary: every Free-holder hath this ordinary jurisdiction; and the name Baron in the eye of the Law hath relation to Free-holders, saith Sir Edward Cook 1. Part, Institut. fol. 58. and in very antient Charters and Records, saith he, The Barons of London, and the Barons of the Cinque-Ports, doe signifie, the Free-men of London, and the Free-men of the Cinque-Ports, Cook ibid. All which, I desire may be taken into due consideration: which, as I writ the Protestation, so this I have published for the good of this famous City, and for the benefit of all the Barons thereof; and if you will own this your right, and not suffer your selves to be brought into voluntary servitude; I shall be encouraged to make a farther discovery of the Priviledges and just Rights, now unjustly detained, and holden from you.

By the Contriver of the Citizens Protestation, here following.

The Copy of the Protestation made by the Citizens of London, the 29. of Septemb. 1646.

The right and claime of the Free-men Citizens, and Commonalty of the famous and most antient City of London, for their Votes in the election of their great and highest Officer, the Lord Major, &c. With their Protestation against the election of such, who shall be elected Majors, as illegall and destructive to the Liberties and Priviledges of this City, if in case the Commonalty, and Freemen thereof, or any of them, be denied, and not admitted to have their Votes in the Election.

WHereas this City hath had, and enjoyed before, and since the Conquest, many great and notable Franchises, Custome, and Priviledges, often and sundry times confirmed, as well by the Laws and Statutes made in the severall Parliaments, as by the several Charters of the Kings and Queens of this Realme appeareth; amongst which, it hath been an ancient and laudable custome (Time out of mind) for all, and every the Free-men and Citizens of London, in the annuall elections of the Majors thereof, to have their votes, as formerly they had, in the election of their Porte Graves.The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. In whose place and office, the Major succeeded; as appeareth by the Charter of King John, granted in the sixteenth yeare of his Raigne, where hee granteth to the Citizens, Liberty and Authority to chuse yearly a Major out of themselves, Cook the 4. Part, Institut. fol. 253. Printed by Authority of this present Parliament.

Which Custome, of Election of Majors, by majority of voyces of the Free-men and Commoners of the City, agreeth with the Fundamentall Law of this Kingdome, and the manner of election of Majors, in all other the Cities and Burroughs of this Realme as Coroners, were, and are chosen in full County, by the Free-holders of each County, Inter leges Edward. Sanct. Chap. Lambert, folio 136. Artic. super. Charta, chap. 8. & 10, &c, The Major is Coroner within the City of London.

Now, forasmuch as we be Free-men, and Commoners, and Burgesses of this City, and so have right, and ought to have our Votes in the election of the Major; Do hereby claime, and demand, as our Right, Custome, and Priviledge, to vote in the election of this present Major to be chosen; and doe likewise hereby signifie, That for the same end wee are come hither, to give our free votes in electing a Major for the ensuing year, if we may freely, without molestation, disturbance, and interruption, doe the same, according to the Statute of Westminster, the 5. chap. the 9. of Edward the 2. 14. The words whereof are these;

And for that Elections ought to be free; it is ordained, upon pain of great forfeiture, That no Noble man, or other, by force of Armes, neither through malice or menacies, shal hinder to make free Elections in Counties, Vniversities, Cities, Corporations, and other places, Cook 2. Part, Instit. fol. 169.

And forasmuch, as all the due, just, and accustomed Priviledges, Franchises, Liberties, and Immunities of this City, are confirmed by this present Parliament, The Petition of Right, And Magna Charta, the great Charter of Liberties, where it is said, That the City of London shall have and enjoy all its antient Liberties, and Customes, Mag. Chart. chap. 9. and the 28. of Edw. 1. E. 1.

And although it may seeme, by reason of some undue elections of late yeares made, through usurpation of some few, who by power and menacies, hindering the free Elections, not suffering us the Free-men and Commoners to give our votes upon chusing and electing the Majors; to be a Barre, let, or hinderance to this our present voting; yet the same doth nothing at all prejudice our Rights, but rather aggravates the wrong done unto us: For there is a beneficiall Statute (yet unrepealed) made for the strengthening and preservation of our Liberties and Rights, which no other Corporation hath that we know of; Whereby it is enacted, That the Citizens of London, shall enjoy all their whole Liberties whatsoever, with this clause, Licet usi vel abusi fuerunt, Although they have not used or abused the same, and notwithstanding any Statute to the contrary, Parl. Rot. R. 2. N. 37.

Therefore, if we may not be admitted, being Free-men and Citizens of London, to enjoy our due and accustomed Priviledges and Liberties, to have and give our free votes in the election of the Major, we being by Parliament injoyned, and by Oath and Protestation bound, to our uttermost power, to defend and preserve the lawfull Rights and Liberties of the People; Doe declare and protest against all such who shall any-wise hinder us, or any of us, in a free way, to vote in the electing of the said Major; as oppugnors and violators of the Lawes and Liberties of the Kingdome, and destroyers of the Priviledges of this antient Metropolitan City, and shall by all lawfull wayes and meanes, labour to bring them to condigne punishment, for such their offences.

And wee doe hereby declare, and protest against the Major, so unduly and illegally elected, being chosen without our free Votes and consents, who have right, and are come hither to give in our

free votes, if wee might have freely, peaceably, and without let or trouble done the same, alwayes acknowledging our obedience, and shall bee ready, with all alacrity and cheerfulnesse to manifest the same, to our lawfull Magistracie duly elected, in all their just Commands.

LONDON.

A Postscript written by Lieutenant Colonell Iohn Lilburn, Prisoner in the Tower of London, Octob. 1646.

THE omnipotent, glorious, and wise God, creating man for his own praise; made him more glorious then all the rest of his Creatures that he placed upon earth: creating him in his own Image, (which principally consisted in his reason and understanding) and made him Lord over the earth, and all the things therein contained, Gen. 26, 27, 28, 29. and chap. 5. 1. and 9. 6. 1 Cor. 11. 7. Col. 3. 10; But made him not Lord, or gave him dominion over the individuals of Mankind, no further then by free consent, or agreement, by giving up their power, each to other, for their better being; so that originally, he gave no Lordship, nor Soveraignty, to any of Adams Posterity, by Will, and Prerogative, to rule over his Brethren-Men, but ingraved by nature in the soule of Man, this goulden and everlasting principle, to doe to another, as he would have another to do to him; but man by his transgression; falling from his perfection of reason (that Image in which God created him, Col. 3. 10.) became tyrannicall and beastly in his principles and actions; the effect of which, we see in Caines slaying of Abel; for which he was accursed of God, and all things hee went about, Gen. 4. 8. 10. 11. 12. but God taking mercy of Mankind in some measure, and not executing the fulnesse of his wrath, in the 9. of Gen. to revenge that beastlinesse, bloody, revengfull, and devouring temper of Spirit, that, by the fall, had now entred into the Spirits of all Mankind; institutes a perpetuall, morall, unchangeable, and everlasting Law; that is to say, That whosoever he was, that would be so beastly, bearish, and Woolvish, as to fall upon his neighbour, brother, or friend, and to do unto him that, which he would not he should do to him, by taking away his life and blood from him; God ordaines, and expresly saith he shall lose his life without mercy or compassion for so doing, vers. 5. 6 Yea, and afterwards, when he chuseth unto himself Israel, out of all the Nations of the world to be his peculiar people, Levit. 19. 15, 16, 17, 18. ordaines this for a standing Law amongst them; Yee shall do no unrighteousnesse in judgment; thou shalt not respect the person of the poore, nor honour the person of the mighty; but in righteousnesse shalt thou judge thy Neighbour. Thou shalt not go up and down as a Tale-bearer amongst thy people; neither shalt thou stand against the bloud of thy neighbour: I am the Lord. Thou shalt not hate thy Brother in thy heart: thou shalt in any wise rebuke thy neighbour, and not suffer sinne upon him. Thou shalt not avenge, nor bear any grudge against the Children of thy People; but thou shalt love thy Neighbour as thy selfe: I am the Lord

And when the fulnesse of time was come, that Christ the Restorer and Repairer of mans losse and fall, should come and preach Righteousnesse & Justice to the world; He saith, it is the Law, & the Prophets, that whatsoever we would that men should do to us, that wee should do to them, Matth. 7. 12. Luke 6. 31. Yea, and further saith, That as it is the great Commandement, that we should love (our Soveraign Creator, and Preserver) the Lord our God with all our hearts, and all our soules, and with all our minds; so the second Commandement, which is like unto it, is, That we should love our neighbours as our selves; and on these two, saith hee; hang all the Law and the Prophets: So that by this, it is cleerly evident, that Religion, Christianity, or the knowledge of Christ, doth not destroy morality, civility, justice, and right reason; but rather restores it to its first perfection, beauty, splendor, and glory: and therefore the Apostle exhorts Saints and Believers, Ephes. 4. 17, 18, 19, 20, 21, 22, 23, 24. Not to walk as other Gentiles do, in the vanity of their mind, having their understanding darkened, being alienated from the life of God, through the ignorance that is in them, because of the blindnesse of their heart. Who being past feeling; have given themselvs over to lasciviousnesse, to work all uncleannesse with greedinesse. But (saith the Apostle to all that love Christ,) Ye have not so learned Christ: If so be ye have heard him, and have been taught by him, as the truth is in Jesus. That ye put off, concerning the former conversation, the old man; which is corrupt, according to the deceitfull lusts: And be renewed in the Spirit of your mind. And that ye put on that new man, which after God is created in righteousnesse, and true holinesse; and excellent to this purpose, is that of the Apostle, Col 3. 7, 8. where speaking of, and to those that have put off the old man, with his deeds; and have put on the new man, which (saith he) is renewed in knowledge, after the Image of him that created him.

And therefore the same Apostle layeth down his exhortation at large, and declareth, it is not only the duty of the Saints, to doe good each unto other, but as much as in them lyes, to doe good unto all the Sons of Adam; saying, Gal. 6. 10. as we have therefore opportunity, let us do good unto all men; especially, unto them, who are of the Houshold of Faith. But the greatest good that I know of, that any man can do unto the Sons of Men besides the discovery of the knowledge of Christ, and the benefits and priviledges that are to be injoyed by him; is, rationally to discover the privilege, that is, the Right, Due, and Propriety of all the Sons of Adam, as men: that so they may not live in beastlinesse, by devouring one another: and not onely so, but also to stand for, and maintain those Rights and Priviledges in any Kingdome, or Nation, wheresoever they are in any measure established: that so the trusted, made great and potent, by a power conferred upon them; may not there-with (as is too commonly seene) Lord it, domineer over, and destroy by their Prerogative-will and pleasure, the Betrusters: yea, and also to maintain the liberties and priviledges established in a Land, by Law, against the incroaching usurpations of some great and mighty Nimrods of the world, made so by wayes and meanes; more immediatly and properly flowing from the Divell, then God: and by their false-assumed incroaching power, tyrant-like tread under their feet, all just, and innocent persons: and protect, defend, and countenance none but those, that will comply, applaud, and assist them, in their brutish, woolvish, and tyrant-like proceedings: which practises are contrary to the very end of Government; and Magistracy; as is largly declared by the Apostle, Rom. 13. 3, 4. where he plainly saith, Rulers are not (no nor ought not to be) a terrour to good workes, but to the evill: wilt thou then not be afraid of the power? Do that which is good, and thou shalt have praise of the same. For he is the Minister of God to thee for good: But if thou do that Which is evill, be afraid, for he beareth not the sword in vain; for he is the Minister of God, a Revenger to execute wrath upon him that doth evill, but not upon him that doth good. The knowledge of which, in some measure, in my own soule, hath been the true ground, that conscienciously made me out of duty to my selfe, and neighbours, and obedience to God; stand against, and oppose my self against the Bishops, and with resolution so often since, in the middest of many deaths; hazard my life for my liberties, and the lawes, liberties, and rights of all the people of this Land, & which is the only principle that now carryes me on in opposition against the Lords: unto whom, as so many men, I have and must confesse, I am ten times more oblieged, for my own particular, than to the house of Commons it self, having found at their hands several times cordiall and speedy Justice, which I never enjoyed from the House of Commons in my life; although I have waited upon them therefore, these six years, and followed them as close as any man (I think) in England: and I dare safely say, it, without vain or lying boasting; for these nine or ten years together, I have been as serviceable to the Common-wealth of England in my place and condition, as any one man whatsoever that sits in that house; though I have been as ungratefully dealt with by them, as ever man in England was: yet I say, when the Lords forced me to contest with them, which I professe, I was as unwilling to do, as I was to run my head against the wall, the which I told unto one of themselves; yet I say, before I would have parted with my reason and understanding, and so have defaced, obliterated, and annihilated, as much as in me lay, the Image that God created me in, (and which Christ by communicating of himself to me; hath restored, confirmed, and inlarged) and degenerated into the habit of a beast, (which all slaves that live in the World without a rationall and just Law are in) by parting with, and betraying my native, naturall, just liberties, which the fundamentall lawes of this Land give me; I will part with my very heart-blood first; yea, and if I had a thousand lives, they should all go, before I will part with my just liberties, either to them, or any power on earth, what ever it be, that dare assume unto themselves so much tyranny, and satanicall pride, as to go about it, or endeavour it. And it is this very principle that now engageth to write this Postscript, to beget a Contest with the Prerogative-men of London, England, mighty Nimrods, who haue inslaved not only this City, but beene strong Instruments from time to time, to doe the same to the whole Land. And the present ground of my putting pen to paper at present, ariseth from this ensuing: The day the last Lord Major was elected; It seemes, Major Wansie, a Watch-maker in Cornhill, (a man that in these late wars, hath freely and gallantly adventured his life for the preservation of the present Parliament, and Englands Liberties) and some other free Citizens, commonly by the Prerogative-men of London, distinguished by the name of Cloak-men; intended to have claimed their right, to give their Vote in the election of the Lord Major, as by Law, and the Charters of London, every free-man therof ought to do; as also, in both the Sheriffes, &c. And in case the prerogative-L. Major Adams, and the prerogative-Aldermen his Brethren, would not permit them; They then intended, to deliver in a Protest in writing; the Copy of which Protest within a day or two after, I saw and read, and not before: and understanding how basely Major VVansey was used by the Marshall of London, and of my Lord Majors prerogative-Mastives; and how that contrary to Law, Guild-Hall Gate was guarded with armed men, which rendered the election in no sence to be free, as all elections of all publike Officers ought to be; and reading the Protest over, the reason of it, and the injustice offered to its well-willers; It inflamed my spirit with indignation, and set my very soule as it were all on fire: Insomuch, that I went immediatly to old Mr. Colet, the Record-keeper of the Tower, and asked him, if hee had the originall Records of the Charters of London; and understanding he had them; out of my penury, I bestowed three or foure pound for the Copies of those that were most usefull for me; and also the Copy of H. 5. prerogative, and unbinding Proclamation: by vertue and authority of which, they have invaded the rights of all the free men of London, in divers particulars, and as much as in them lies, annihilated divers of the antient and just Charters, and legall priviledges of this City confirmed by Magna Charta; and making further inquiry of a man versed in antiquity, I understood that there was an antient book in print, above 100. yeares agoe, containing many of the Liberties and Franchises of London; for which I sent into Duck-lane, and with some industry found it out, which is a most excellent book, which with the Records I sent to a true friend of mine, to get him to translate the Records into English, and all the Latine and French that is that book, who sent unto me the fore-going Discourse; which in regard he was a stranger to London, he was unwilling to set his name to it, and I reading the Discourse, and liking it very well, judged my self bound in duty to my self, and all my fellow-Commoners, the Cloak-men of London, to publish it in print; and in regard, by Gods assistance, I intend shortly to publish and print the Records, with a Commentary in point of Law upon them; I judged it convenient hereby, by way of Post-script, to give you the understanding thereof; and also, to give you the reasons which moved me to resolve, to hazard no small adventure thereupon, which are these:

First, because the Prerogative-Pattentee monopolizing Merchant adventurers, have contrary to Right Law, and Justice, robbed me of my trade, whose illegall, arbytrary, destructive practises, to the liberties, freedome, and prosperity of England; I have in my answer to Mr. VVill. Pryn (called Innocencie and Truth justified) punctually anatomized, as there you may reade from page 48. to page 63. Now, as Paul saith, 1 Tim. 5. 8. If any provide not for his own family and specially for those of his own house, he hath denied the Faith, and is worse then an Infidell; In which, to me is implyed, that a man must not only be provident and industrious to keepe and preserve what hee hath, but also to maintain and defend his rights, liberties, and proprieties, that they be not invaded or taken from him: and this made honest Naboth, that he would not part with his Vineyard, his inheritance to wicked King Ahab, although he offered him very good tearmes for it, 1 Kings 21. 1, 2, 3. much lesse should I part with my trade, to any illegall Monopoliser and every individuall Free mans of London, &c. and that not only by the principles of nature and reason, but also by the Law of England, as is not onely proved by the fore-named Discourse, but also by another excellent Treatise, called, Discourse for free Trade, published about two years agoe by a Merchant of London.

Secondly , the readinesse of the Prerogative-Magistrates of London, to execute any illegall Commands upon the free-men thereof, and particularly upon my self; as for instance, when I was prisoner in Newgate, illegally committed by the house of Lords, that had no jurisdiction over me in that case, and when upon the 22. of June last, by their Warrant, they commanded me to dance attendance at their Bar, for what cause they did not expresse: neither know I any Law extant that authorizeth them so to do. Which action, I looked upon, as a trampling the Lawes of the Land, and the Liberties of all the free Commons of England, under their feet; and therefore, for the prevention of further mischiefe, I writ this following Letter to Mr. VVoollaston, the chiefe Jaylor of Newgate under the Sheriffes of London.

John Lilburn
Lilburn, John
13. of June 1646
SIR,

I This morning have seen a Warrant from the house of Lords, made yesterday, to command you to bring me this day at ten a clock before them, the Warrant expresseth no cause wherfore I should dance attendance before them; neither do I know any ground or reason wherefore I should, nor any Law that compels mee thereunto; for their Lordships sitting by vertue of Prerogative-pattents, and not by election or common consent of the people, hath, as Magna Charta (and other good Lawes of the Land) tels me, nothing to do to try me, or any Commoner whatsoever in any criminall case, either for life, limb, liberty, or estate: but, contrary hereunto, as incrochers and usurpers upon my freedomes and liberties; they lately and illegally endeavoured to try me a Commoner at their Bar, for which I under my hand and seale, protested to their faces against them, as violent and illegal incrochers upon the rights and liberties of me, and all the Commons of England (a copy of which &c. I in Print herewith, & send you) and at their Bar I openly appealed to my competent, proper, legall tryers, and Judges, the Commons of England assembled in Parliament (for which their Lordships did illegally, arbytrarily, and tyrannically, commit me to prison into your custody) unto whom divers dayes agoe I sent my appeale &c. which now remains in the hands of their Speaker, if it be not already read in their house, unto which I do, and will stand, and obey their commands.

Sir, I am a free-man of England, and therefore I am not to bee used as a slave or Vassall by the Lords, which they have already done, and would further doe. I also am a man of peace and quietnesse, and desire not to molest any, if I be not forced thereunto: therefore I desire you as you tender my good and your own; take this for an answer, that I cannot without turning traytor to my liberties; dance attendance to their Lordships Barre: being bound in conscience, duty, to God, my self, mine, and my Country; to oppose their incroachments to the death: which by the strength of God I am resolved to doe.

Sir, you may, or cause to be exercised upon me, some force or violence to pull and drag me out of my chamber, which I am resolved to maintain, as long as I can, before I will be compelled to go before them; and therefore I desire you, in a friendly way, to be wise and considerate before you do that, which it may be, you can never undoe,

Sir, I am your true and faire conditioned prisoner, if you will be so to me,
From my Cock-lost in the Presse-yard of Newgate this
13. of June 1646
.
John Lilburn.

The Copy of the Order.

Die Lunæ 22 Junij 1646.

ORdered by the Lords in Parliament assembled, that Lieutenant Colonel John Lilburn now a prisoner in Newgate, shall bee brought before their Lordships [in the High Court of Parliament] to morrow morning by ten of the clock: And this to be a sufficient Warrant in that behalf,

To the Gent. Usher of this House, or his Deputy, to be delivered to the Keeper of Newgate, or his Deputy.

John Brown Cler. Parliamentorum.

Which Letter I sent by my wife, and a friend; but they not finding Mr. Wollaston within, I ordered them to carry it to Mr. Kendrick, and Mr. Foot, the Sheriffes of London his Masters, whom they found at Guild Hall, at the Court of Aldermen; to whom they delivered the letter, with my Protest against the Lords, and appeale to to the House of Commons therein mentioned; who (as they told me) carried it in to the Court of Aldermen: and, as they judged, there read them. But, in stead of any remedy, according to my just expectation; I had my chamber wall immediatly after broke down by force, by Ralph Brisco, the Clerk of Newgate, and their Officer & a violent and forcible entry made into my chamber, and my person by force carried away before the Lords, who had no Legall, or Magisteriall power over me. I confesse, I was suddenly surprized, it being past ten a clock at night before I knew of it: and so could neither provide my selfe of victuals, or any defensive Armes; the which if I had had, I would (to the death) have defended my selfe against all the Officers in London that had come to have fetched me out of my Chamber (my legall Castle) by vertue of that illegall Warrant, to carry me before the Lords, who had nothing to doe with me: especially considering I had legally protested against them; and legally appealed to the House of Commons, my proper and legall Judges; who had accepted, read, and approved of my appeale, as just and legall: And therefore not onely that businesse, or proceeding of the Lords; but all their after proceedings: yea, the sentence it selfe, in this very particular alone; was, and is, illegall: For they ought not, neither (in law) had they any ground to meddle or make with me any further; unlesse the House of Commons had judged my proceedings with the Lords, illegall, and had given mee up to them as my legall Judges to try me. And therefore the affront of the Lords (in point of right and priviledge) is as great to the House of Commons, in proceeding to judgement against mee without their leave, or so much as ever desiring it; as their usurpations are destructive to me and my Liberties, and the Liberties of all the Commons of England: And opportunity they could not have had to have made me so fully as they did, the object or subject of their usurpation, if it had not been that the prerogative-Sheriffs of London had been as full of prerogative-Principles, as the Lords themselves, and as desirous to destroy the Lawes and Liberties of England as they; for which I will never forgive them, till they have acknowledged their great wickednesse therein, and made me (according to Law and Justice) ample reparations which by Gods assistance I will with all the strength and might I have, uncessantly seek for.

But their malice and indignation to mee, for standing for the Lawes, Liberties, and Freedomes of England, ceased not here; but when the Lords committed me, by their tyrannicall order, close prisoner to Newgate, to be lockt up close in my Chamber; These Arbitrary & tyrannicall Sheriffes and their Officers executed it upon me to some purpose for 3 weeks together. For; contrary to all law and justice, they kept my wife from me, & would not so much as suffer her, or any of my friends to set their feet over the threshold of my chamber doore: nor suffer my wife, servant, or any of my friends, to deliver either meat, drink, money, or any other necessaries. And when I pressed the Jaylors to permit my wife to come into the prison yard, that so I might (in their presence) speak with her out of my chamber window; they absolutely refused it, and told mee, I little knew what a strict charge was laid upon them to the contrary, by the great ones at Guild-Hall. And therefore my wife was forced to speak with me out of the window of a neighbouring house, at about fourty yards distance: whose cruelty and malice was so enraged, that they often threatned to boord and naile up the poore mans windows; Yea, Brisco, the Clerk came up into my chamber, and commanded me to forbeare speaking to my wife, (although it were at such a distance) or else he would boord up my windowes and so deprive me not onely of seeing and speaking to my wife; but also rob me of the greatest part of that little aire that I had coming in at my Casements. But I bid him doe his worst: for I would pull them down as fast as he naild them up; or else if I could not, I would set fire to them, though it burnt the House down to the ground: And also I would speake to my wife in spite of his teeth, and all his great Masters; unlesse they either sewed up my lips, or cutout my tongue. And then in a rage hee told me, Hee would carry me into Newgate it self, and lay mee in a close place, where I should speak with none, nor see none. whereupon I desired him to cease his threatning of me; for I scorned him, and bid defiance to the malice of him and all the Men and Devils in earth and hell; having my confidence fixed in and upon that God that I knew would preserve and keep me, and who by his power was able to destroy him, and ten thousand such, in the twinkling of an eye; telling him, that to lock me up in such a place, was the ready way speedily to get me my liberty: For then all my friends and acquaintance would conclude, that the Lords had set his Masters and him on to murder me: (as the Earle of Northampton, and the Earle of Sommerset, set Sir Gervis Elvis, the Lieutenant of the Tower, and Weston his servant, to murder Sir Thomas Overbury in his imprisonment in the Tower of London; for which act they were both deservedly and justly hanged) which might hazard, at the least, either the pulling down, or breaking open the prison; to see what was become of me: Therefore I wished him to be advised what he did; for I assured him, I would improve all the interest I had in the world to effect it. For, before I will be murdered, I would sell my life at as deare a rate as it was possible for me to sell it at. And at another time I turned him to the Parliaments Declaration, 2 N. 1642. Book Declar. pag. 722. 723. Where, speaking of the difference betwixt the King and themselves, in answer to something said by him about the interpretation of the Statute of 25. E. 3. that they would take away his power from him; they demand a question, How that doth appeare? And they answer, “Because we say it is treason to destroy the Kingdome of England, as well as the King of England; and because we say that the King of England hath not a power to destroy the lawes and people of England. And what is that interpretation of that Statute, that no learned Lawyer will set his hand to? That treason may be committed against the Kings Authority, though not directed against his Person. Doe there want (say they) presidents, or Book-cases to make this good? Or, is it not, that they cannot see wood for trees, that look after presidents to prove this, which at length is acknowledged in his Majesties Proclamation of the 18. of June? Is it then that interpretation of the Statute, that the raising of force in the maintenance of his Majesties Authority, and of the Lawes, against those that would destroy both it and them, is no treason, though such acts of traitors and rebels should be in pursuance of his Majesties personall commands, and accompanied with his Presence. And have we cited no presidents to this purpose? What are those then of Alexander, Archbishop of Yorke, Robert de Veere, Duke of Ireland, and the rest in the time of Richard the second, which we caused to be published: whose levying of Forces against the authoriy of the Parliament, and to put to death divers principall members of both Houses, by the Kings expresse command, which he promised to accompany with his presence; was by two Acts of Parliament judged Treason: And the Act of such levied forces to suppresse them, was judged; good service to the Common-wealth. These presidents are said to be grounded upon repealed Statutes: and wee have indeed heard it said so twice; but wee never heard the Statute that repealed them, cited once. And whether the Parliament of the eleventh of Richard the second, was a more forced Parliament then that of the twenty first of Richard the second, which repealed the Acts thereof: And whether that of the first of Henry the fourth, which repealed that of the twenty first of Richard the second, and all the acts thereof, and revived that of the eleventh of Richard the second, and all acts made therein; was ever yet repealed: And consequently, whether those ’two acts of the eleventh of Richard the second, and the first of Hen: the fourth, doe not still stand in force; None that are acquainted with the Records and History of that time, can deny, or so much as doubt. But doe we need Presidents in this case? Is it not a known Rule in Law, That the Kings illegall commands, though accompanied with his presence, doe not excuse those that obey him? And how then (say they) shall it excuse Rebels and Traytors? and how shall it hinder the Kings Courts and Ministers to proceed against them judicially, if they submit; or by force, if they make opposition with force? If the King might controll all the Courts in Westminster Hall, and the High Court of Parliament it selfe, and make it good by force; what were become of the known legall government of this Kingdome? or what a Jewell had we of the Law? or what benefit of being Governed according to Law; if all Lawes might by force be overthrown, and by force might not be upheld and maintained?"

Now Mr. Brisco, said I, if the Kings commands and power cannot over throw the Law; much lesse can the Lords commands, who are farre inferiour in power unto him, their absolute earthly Creator and Master from whom they have derived all that they have; and therefore cannot be above him. For it is a maxime in Nature and Reason, That there is no Being beyond the power of Being. And another Maxime it is, That every like begets its like; but not more: And therefore impossible it is, that their power should be above the power of their begetter, or Improver, the King.

Again, Mr. Brisco, said I, if here, by the confession of the Lords themselves; (for they joyned in the making of this very Declaration) it be a known Rule in Law, That the Kings illegall commands, though accompanied with his presence, doe not excuse those that obey him; then much lesse are you, your Master Wollaston, nor his Masters, the Sheriffes of London, excusable, for executing the Lords illegall and barbarous Warrants and Orders upon me; which they doe not accompany with their presence to see put in execution. Therefore, Mr. Brisco, assure your selfe, that if I live, I will turn all the stones in England that possibly I can turne, but I will have justice, satisfaction, and reparations from you and all your masters, for executing the Lords illegall Orders and Commands upon me. At which hee told me, he and his Masters were Officers, and must execute the commands the Lords gave them, without the disputing the illegality of them. Wel then, said I, by the same Rule, if the Lords (who have no legall authority over me) send you a Warrant to hang, strangle, or stab me, or cut off my head in prison, although I have had no legall triall according to the Law of the Land; you will put it in execution: And as well, said I, may you doe that, as to doe to me as you have done: and besides I know no Ground they had to receive mee a prisoner upon the Lords Warrant, at all: especially considering according to Magna Charta, the Petition of Right &c. none of their Warrants of commitments of me, have either legall beginning, or legall conclusions. And excellent to this purpose are those Golden expressions of the most worthy Lawyer, Sir Edward Cook in his exposition of the 29. chap. of Magna Charta, in his 2. Part. Instit. fol. 52. Where expounding what is meant by per legem terrae, that is, the law of the land, having spoken of divers things, he comes to speak of Commitments, and saith,

Now seeing no man can be taken, arrested, attached, or imprisoned, but by due processe of law, and according to the law of the land; these conclusions hereupon doe follow.

First, that a Commitment by lawfull warrant, either in deed, or in law; is accounted in law due processe or proceeding of law, and by the law of the land, as well as by processe by force of the Kings Will.

Secondly, That he or they which doe commit them; have lawfull authority.

Thirdly, That his warrant or MITTIMUS be lawfull, and that must be in writing under his hand and seale.

Fourthly, The CAUSE must bee contained in the WARRANT, as for Treason, Felony, &c. or for suspition of Treason, or Felony, &c. Otherwise if the MITTIMUS contain no cause at all, if the prisoner escape; it is no offence at all: Where as if the MITTIMUS contained the cause; the escape were Treason or Felony: though he were not guilty of the offence. And therefore for the Kings benefit, and that the prisoner may bee the more safely kept; the MITTIMUS ought to contain the cause.

Fifthly, the Warrant, or MITTIMUS containing a lawfull CAUSE, ought to have a lawfull CONCLUSION, Viz. and him safely to keep, untill he be delivered by Law &c. and not untill the party commiting doth further order. And this doth evidently appeare by the Writs of Habeas Corpus, both in the Kings Bench, and Common Pleas, Exchequer, and Chancery, which there He cites.

But, Mr. Briscoe, I am a legall man of England, who in all my actions have declared a conformity to the lawes thereof, and have as freely adventured my life for the preservation of them, as any Lord in the Land, whatsoever he be, hath done. And besides; I have to doe with those very LORDS that have stiled themselves. The Conservators of the Lawes and Liberties of England; and with in their printed Declarations, the plague and vengeance of heaven to fall upon them, when they indeavour the destruction and subversion thereof. And therefore I expect in every particular to be dealt with according to Law (my inheritance, and the inheritance of all the free Commoners of England) and not otherwise; and my life and blood I will venture against that man, what-ever he bee, that shall attempt the contrary upon me: for the Free-born men of England (yea the meanest of them) can neither by the command of the King, nor by his Commission, nor Councell, nor the Lord of a Villain can, or could imprison, arrest, or attach any man, without due processe of law, or by legall judgement of his equalls, viz. MEN OF HIS OWN CONDITION, or the Law of the Land, against the forme of our defensive great Charter of Liberty. Nay, in old time a Pagan or an Heathen could not be unjustly imprisoned, or attached, or arrested, without due processe of Law, as appeares by the Lawes of King Alfred, Chap. 31. and consonant to this doctrine, and that fore-mentioned in the Parliaments Declaration; is the judgment of Sir Edward Cook in the 186, 187. pages of the 2. part of his Institut. and which was so resolved for Law, as hee there declares 16. H. 6. and yet notwithstanding all the discourse I had with Briscoe, the Sheriffes Clerk of Newgate, about 9 a clock at night; the Sheriffes the next morning sent 30. or 40. of their Varlets that wait upon the Theeves and Rogues, and the Hang-man to Tyburn, to carry me by force, nolens, volens, to the Lords Bar (those Vsurpers and Incrochers) to receive my most illegall, unjust, barbarous, and tyrannicall sentence.

My third reason is, because I have not only been so evilly and unjustly dealt with this year by the Sheriffes of London; but also the first year by the Lord Major of London, Alderman Atkins, and Mr. Glyn Recorder thereof, when I was committed to Newgate by the House of Commons; for what, to this day, I doe not yet know: yet Mr. Glyn so thirsted after my blood; that as I was from very good hands credibly informed, he was a main stickler to get an Order to passe that House, to have me tryed at the Sessions of Newgate for my life; saying (as I am told) in the house, to some members thereof, turn him over to me and I will hamper him to the purpose: of which, when I heard; it was not for me to sit still; and therefore, I got published certain Quere’s to state my case, in one side of a sheet of paper: the substance of which, you may read in a printed Book called Englands Birth-right. And what was the issue of that businesse, you may fully and truly read in my fore-mentioned answer to Mr. Pryns notorious lyes, falshoods, and calumnies; especially, in pag. 28, 29, 30, 31, 32, 33, 34. to which, I refer the Reader.

And then secondly, there was a false, and base report raised, spread, and divulged by Mr. Pryn, and some other of my bitter Presbyterian Adversaries (those bloudy cozen-Germans to the persecuting Bishops) meerly to make me and my friends odious to the people that so instead of enjoying a legall tryall, and the benefit of the Law, our common Inheritance; we might by the rude multitude, be either stoned to death, or pulled in pieces: which report was, that I had conspired with other Separates & Anabaptists to root out the Members of this Parliament by degrees, beginning with Mr. Speaker; whom if we could cut off, (as Pryn saith it in print, in his book, called, The Lyar Confounded) all the rest would follow: and if this succeeded not, then, to suppresse & cut off this Parliament by force of Arms, & setup a new Parliament of our own choice & faction; my answer to which abominable false charge, you may read in my fore-mentioned answer to him, pa. 35. And there running divers of his Authentical witnesses and Creatures (little better then Knights of the Post) up and down London; and at last, one or more of them came into Houndsditch, to one Mr. Rogers, &c. to insnare him, and told him of the plot; but he like a wise man, apprehended him by a Constable, and carryed him before the then Lord Major, who dealt neither faire, honestly, nor justly with me, nor them; no, nor with the Kingdome, &c. But in regard it may at a distance, touch upon some present Member or Members of the House of Commons, with whom, I do ingeniously confesse, I have no desire at all to contest; I cease it: though it was as mischevous a plot against me, as ever in my life was contrived against mee, and which had come out to the bottome, if my Lord Major had been as just and honest, as a righteous Judge ought to be, and had not been so full of prerogative-principles, as to feare Man, more then God.

My fourth reason, is, because I have not only been robbed of my trade, by the monopolizing Merchant-Adventurers; and so evilly, hardly, and unjustly dealt with, by the late Lord Major, the two Sheriffes, and the Jaylors of Newgate, all Mr. Recorders pride and malice, all prerogative Officers in London; but also, have been so evilly, illegally, and unjustly dealt with all, by Col. Francis West, the present Lieutenant of the Tower (thereunto appointed by the principall prerogative-men of London,) which you may briefly reade in a late published book of a friend of mine, called, Liberty vindicated against Slavery, and which I shall, by the help of God, fully lay open in due time; and also, in regard of that late abuse, given unto my wife at Westminster, at the very Parliament door, when she was peaceably wayting there with eight Gentlewomen more of her friends, for an Answer to her late Petition, and for Justice from the house, about my illegall sufferings, which it is their duty to hold out to her, and all others whatsoever, that have just cause to seek it from them; where came unto her one Richard Vaughan, Ensign to the Guard that day, and a Citizen of London, being a Goldsmith in Foster-line; who, after he had set his Guard at the doore, that goes into the Roome next to the House of Commons: my wife, with other of her friends, standing in a peaceable manner at the bottome of those staires; hee came, and enquired of them which was Lilburns wife; at which my wife answered, she was she; upon which he wished, I had been out of the Land when I first went out in the Parliaments service; and without any more adoe, laid violent hands upon her, and endeavoured to throw her down the next staires, which are three or four steps, that goe down into the Court of Requests, and had gone neer to have spoyled and undone her, if some of her friends by her, had not preserved her from the fall but being not content with this, he follow’d her into the Court of Requests-chamber, and then again laid violent hands upon her, and took her by the throat, as if he would have throtled her, and would have drag’d her away as a prisoner, calling out to his armed men to help him: a piece of unmanlike cruelty and barbarism, which will be in future ages, a badge of shame to the sufferers of it, to go unpunished, and which renders him to be one of the malicious, basest, unworthiest, and cowardliest of men, to use a Gentlewoman in such a barbarous manner, that neither affronted, nor medled, nor made with him, and which makes me judge him to be a fellow more fitter to feed hogs and Swine, then to be named a Soldier, or ranked amongst the number of martiall men: but yet notwithstanding, it gives me cause to think, and judge, that some of my prerogative-adversaries either in the City, or else-where, set him on of purpose, at last, to abuse and affront my wife; that so, she should never dare any more to come thither to seek for justice, at the hands of those who have sworn to hand it over impartally to every legall man & woman of England. The comparing of which, with what I have but very lately heard, puts my thoughts into a deep and serious muse: the late relation of which, as it is told me, is thus; That day my wife delivered her Petition in print to the Members of the House of Commons, there was a Barrister at Law in the Lords House (it seemes before they sate) reading my wifes Petition, and there came a Lord to him, and said unto him in a familiar manner. What art thou reading? unto which; he answered, the Petition of Lieut. Col. Lilburns wife to the House of Commons: Unto which that Lord said, the Plague on him for a Rogue; how are wee troubled with him? but if the Lords would be ruled by me, and be all of my mind; we would dispatch him, and stretch him up without any more adoe: But truly, my Lord, I must tell you, you have no Law to do it, I am sure of it; and therefore in reference to that, I challenge you, and your whole House, to a tryall of Law, for all the differences betwixt us, begin when you please: and your Lordship knowes very well, that when I was last at your Bar, I challenged you all face to face to a tryall at Law: But, my Lord, seeing I find and meet with such ready Instruments, amongst the prerogative-men of London, my unnaturall fellow-Citizens, to put in execution, without dispute, feare, or check of Conscience; (all your unjust Commands) I have some cause to be jealous, that I may meet with Sir Thomas Overburies portion, to be murdered in prison, there being a very near parallell betwixt divers of his usages and mine, as appears to me, by the printed relation thereof, made by the Right Honourable Foulke, Lord Brooke, and printed at London for N. R. 1643.

And therefore, for all these reasons laid together, I am resolved, both in point of conscience, prudence, and safety, to sit no longer in silence; but to give to you Lords, and your Kinsmen, the prerogative men of London (by some of whom, I have suffered so much of late, & have just cause to fear, that they will be your arbitrary and illegall Instruments, to make me yet suffer much more) a joynt and home-charge both together; and this I send you forth, as a forlorn Hope: the body of which (do all of you the worst you can) by the strength of God, shall follow after; although you should tye, and fetter both my hands and feet, and set twenty Warders upon me, to keepe mee from Pen and Ink: for I am now resolved, by the power of the Almighty, to sell my life to you my conjoyned adversaries and enemies, as dear (if it be possible) as ever Sampson did his to the Philistines: of whom it is said, he did them more mischiefe at his death, then he did them in all his life, Judg. 16. and good reason have I so to do, in point of conscience; both in the sight of God, and all rationall men, that are not distempered with the principles of prudentiall cowardlinesse; and that I prove thus:

If to do to another, as we would have another to doe to us, be a principle, so acceptable to God, and all good men, and an unalterable Law established by God, before Moses Law, and under his Law; and also established by Christ, the just and righteous Prince of peace, under the Gospel; as the most transcendent excellentest Law, that can be amongst the sons of men, and which purely flowes, from the pure fountaine of reason: then from the same pure principle of reason and Justice; I deduct this which naturally ariseth from the lesse to the greater;

That which in point of conscience is unlawfull for me to do to another, is much more in point of conscience, unlawfull to do unto my selfe:

But, to do evill unto another, to mischiefe, rob, spoyle, kill, or any way destroy another, in point of conscience, is unlawfull;

And therefore, in point of conscience, it is much more unlawfull for me to do any evill unto my selfe, or to mischiefe, rob, spoyle, kill, or any way destroy my selfe.

And the reason of all is, because in my self, is nature nearer to my self then all the world besides. And again, if by the Command of God, and the instinct of nature; I must as much as much as in me lyes, do good to all men: then by the same strength of reason, must I much more do good unto my selfe. And therefore for me to know of, and see mischiefe before my eyes intended me, and to be so stupid and sottish, as not to take care, by all just and rationall meanes to prevent it; is to be fellonious to my selfe, and to do that unto my selfe, which I should not do unto another, no, nor suffer to be done unto another: But my adversaries have taken from me, my liberty, (and tormented and tortured my body with cruel and close imprisonment) and spoyled me of my trade and livelihood, and disfranchised me without cause or ground, by robbing me of my right and benefit in the lawes and liberties of England (more deare to me then any earthly treasure whatsoever) and thereby as much as in them lyes, have made a slave and a beast of me, and so changed the property that God created me in: and now thirst after my life and blood, which is all they have left me. To preserve which (finding no remedy at the hands of Justice (by the powerfull operation of some prerogative-men there, the names and qualities of whom you shall shortly knowe) to whom I have appealed; I send my adversaries this bone to pick, as a speciall meanes (appearing so to my understanding) to breake their cruel fangs, and devoureing tusks; and the mighty and omnipotent power of the Lord JEHOVAH, goe along with it, and make it effectfull for the accomplishing that end. And I hope no rationall man will blame me for doing herof, seeing as Iob saith, eye for eye, tooth for tooth, and all that a man hath will he give, (or venture) for his life. And so much for the particular reasons concerning my selfe, which moved me to write this.

I will onely give you two more, which are more generall; and then conclude.

And the first is, because the greatest bondage of this land ariseth from the monopolizing patentee-Clergy, who have been and still are the men that as Iohn in his Rev. (Chap. 7. 1.) saith, hould the four winds of the earth, that the winde thereof should not blow upon the earth, And though in Pauls time, some preached the Gospel of envy, and others of good will; yet he forbids none to preach it; but rejoyceth that, it was preached by any, whether in pretence or truth, yea, and there it would rejoyce, Phil. 1. 5. 16. 17. 18. But these Clergy-men, like so many of the Divels Agents, whose Kingdome is a Kingdome of darknesse; see themselves on purpose to overspread the earth, with blindnesse and darknesse, and so by consequence; with injustice, cruelty, and blood-shed: and rather then any, though never so able, should preach Christ and his Gospel, that will not receive power; therefore, from them, by their mouldy, greazy consecration and imposition of hands; thousands, and ten thousands of soules shall perish for want of knowledge, and so run headlong to hell eternally: yea, men that will not be conformable unto them, and be absolutely of their cut, and fashion; though never so extraordinarily adorned with the knowledge of Christ, and of his will and minde; shall neither eat, and drinke buy, nor sell amongst them, no nor live, nor have a habitation amongst them in the land of their nativity: witnesse that most DIVELISH, WICKED, BLOODY, VNCHRISTIAN, PAPISTICALL REMONSTRANCE of the prerogative-men of London, &c. who amongst many other base and wicked desires, would have us reduced back to the Pope of Rome againe, to believe as the Church believes; for they would have us be conformable in Church Government, &c. not onely to what is already established, but whatever shall be established, and to speake properly, this very Remonstrance is but one of their brats, which with other of their actions, doth demonstrate them cleerly to be part of that Antichristian beastly power, spoken of Rev. 13. 11, 12, 13, 14, 15, 16, 17. And what Doctor Leighton in his booke called Syons Plea, pag. 69. saith of the prelates in reference to the popish Bishops, may we say of the present Clergy in reference to the Bishops, whose office and function they have condemned for Antichristian, viz. that they are garments cut out of the very same cloth, a paire of sheeres (as we say) went but betweene them, onely divers hands have cut them out. And to me it is the greatest riddle in the world, how the Bishops can be Antichristian as themselves say, and themselves Christs Ministers, although they have no other ordination but what is derived from them, seeing as nature tells me, every like begets its like: and reason also tells me; that there is no being, beyond the power of being: and the Scripture saith, without all contradiction, the lesse is blessed of the greater, Heb. 7. 7. but no where saith, the better or greater is blessed of the lesser: and Iames demands a question which in reason, and the ordinary course of nature is impossible to be, saying, Iames 3. 11. doth a fountaine send forth at the same place, sweet water and bitter? and Iob demands to know who he is, that can bring a cleane thing out of an uncleane and answers: not one.

Now these Clergy-men demonstrating by all their actions, that they are the naturall and true-bred children of their bloody fathers the Prelates, if not worse then they; for all their faire speeches and glosing pretences to the contrary: therefore we may safely averr, that proposition to be true of them, that Doctor Leighton in the foresaid booke, pag: 51. averrs and proves to be true of their spirituall forefathers, viz. that of all the evills inflicted, and of all the good hindered, since Anno. 600; one or more of the hierarchy, have been a principall cause. And I add and averr, that there is no misery befallen this Kingdome, nor no good hindered from coming to it, since the Prelates were put downe; but some of the present Clergy have been the maine principall in it, witnesse their continuall and daily dividing and distracting the Kingdome in all the parts of it, on set purpose for the establishing that divilish and tyrannicall interest of pride, Lordship, and Domination which they will effect, or else they will lay it in blood and force. Witnesse their bloody intended Ordinance, brought in by Mr. Tate, and Mr. Bacon. And have they not already almost brought us to the doore of a new warre with the Scots; which, God prevent. But, if for a plague to us it should come upon us; I hope the people of England will have their eyes opened to see the Clergy to be no small causes of it, whom I hope they will not let passe without due punishment, as grand disturbers of the peace of this distressed Common-wealth: Seeing that the temporall and trade-Monopolizers, and other prerogative-men in London, are their stalking-horses, by which they act their designes the more strongly: the one helping the other to inslave the people, and therefore are and may justly be called Simeon and Levi, brethren in evill, and wickednesse, whose tyrannicall mystery wants an Anatomy, the beginning of which; this is.

The last reason why I publish this, is, because that although the fundamentall Lawes of England, be rationall and just lawes, and so pleasant and delightsome to the people: these Prerogative-Monopolizing Patentee-men of London, have done as much as in them lies, to pervert them, and to turn them into Wormwood and Gall: And though they be the common birth-right and inheritance of every particular individuall freeman of England; yea, of the meanest Cobler and Tinker, as well as of the greatest Gentleman or Nobleman. And therefore justly doth the King call the Law, The Birth-right of every subject of this Kingdome. Book Declar. 312. and in pag. 328. he saith, The Law is the common inheritance of his people. And in pag. 385. he calls the Law, The common Birth-right of his Subjects; to which onely, they owe all they have besides: And therfore are bound in the defence of it, to bee made MARTYRS for it. And in pag. 28. he sath, The Law is not onely the inheritance of every subject, but also the onely security he hath for his life, liberty, or estate: And the which, being neglected, or disesteemed; (under what specious shewes soever) a great measure of infelicity, if not an irreparable confusion, must without doubt fall up them. The meanest of which, he saith, p. 650. are born equally free, (and to whom the Law of the Land is an EQUALL INHERITANCE) with the greatest Subject. And that the wealth and strength of this Kingdome, as in the number and happinesse of the people; which is made up of men of all conditions: and to whom in duty without Distinction, he acknowledgeth he oweth an EQVALL Protection. And he in pag. 140. 163. passeth a most superlative high commendation upon those golden expressions of Mr. John Pyms speech against the Earle of Strafford: and published in print by a speciall order of the House of Commons, which are, That the Law is the SAFEGVARD, the CVSTODY of all private interests: Your honours, your lives, your liberties, and estates; are all in the keeping of the Law: And without this, every man hath alike right to any thing. And therefore (saith he) the Law is that which puts a difference betwixt good and evill, betwixt just and unjust. If you take away the Law, all things will fall into a confusion; every man will become a law unto himself: which, in the depraved condition of humane nature, must needs produce many great enormities: Lust will become a law, and envy will become a law, covetousnesse and ambition will become lawes: and what dictates, what divisions such lawes will produce; may easily be discerned.

And in this very language doth the Parliament speak in their declarations, Book Declar. pag. 6. where they speak with a great deal of vehemency and bitternesse against the bold and presumptuous injustice of such Ministers of Justice as before this Parliament, made nothing to breake the lawes, and suppresse the liberties of the Kingdom, after they by the Petition of Right, &c. had been so solemnly & evidently declared. Yet they obstructed (amongst abundance of other grievous crimes there enumerated, the ordinary course of Justice; which they there (pag. 7.) call the COMMON BIRTH-RIGHT of the Subjects of England. And in pag. 38. they speaking of the Kings dealing with the five accused Members: who, by his Majesties Warrant, had their Chambers, Studies, and Trunkes sealed up: which action (they say) is not only against the priviledge of Parliament, but the common liberty of every Subject. And in the same page they say, His Majesty 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, nor any pretence of charge made known to that House whereof they were Members. All which are against the fundamentall lawes and liberties of the Subject, &c. And in pag. 458, 459. they declare, That in all their endeavours since this Parliament began, they have laboured the regaining of the ancient (though of late yeares much invaded) rights, lawes, and liberties of England, being the Birth-right of the Subjects thereof. And therefore pag. 660. they own it as their duty to use their best endeavours, That the meanest of the Commonalty may enjoy their own Birth-rights, freedome, and liberty of the law of the land; being equally (as they affirm) intitled thereunto with the greatest Subject. And in pag. 845. they declare, that to be assaulted or seised on without due Processe or Warrant; is against the legall priviledge of every private man: but the Prerogative-Monopolizing arbitrary-men of London, as though they had an absolute Deity-power in themselves, and were to be ruled and governed by nothing, but the law of their own will: And as though they were more absolute and soveraigne in power, then either the King or Parliament, divided or conjoyned; dis-franchising the greatest part of the Commons of London, of their Liberties, Trade, and Freedomes, at their pleasure; which is granted unto them not onely by God, and the great Charter of Nature, and Principles of Reason, but also by the Fundamentall Lawes and Constitutions of this Kingdome: by which lawes, and by no other; is London, as well as the rest of England, to be governed. And therefore Arbitrary, Irrationall, and Illegall it is for them, or any of their brother-hoods, Monopolizing Corporations and Companies, by the authority of any pretended Royall Patent, Proclamation, or Commission, whatsoever; to assume unto themselves a power to destroy, annihilate, and make voyd the Fundamentall lawes of the Land; which yet notwithstanding they daily doe. And sure I am, by the Petition of Right, the King of himself can neither make an oath, nor impose 6 pence upon any of his people, nor imprison, nor punish any of them, but by the Law, & by the Statutes of Magna Charta, chap. 29. & 2. E. 2. 8. & 5. E. 3. 8. 9. The King shall neither by the great Seal, nor little Seale, disturb, delay, nor deferre judgment, or common right: And though such commandements doe come; the Justices shall not therefore leave to do right in any point. But yet notwithstanding, they meerly by their illegall prerogative, both frame oathes absolutely-destructive to the publick law of the kingdome: impose arbitrary fines, and illegall levies and payments of moneys: and act illegall imprisonments and punishments: yea, and at their pleasure seise upon the goods of freemen. All which is constantly practised in their Patentee-Monopolizing Companies, Corporations and Fraternities. So that to speak properly, really, and truly, their Brotherhoods are so many conspiracies to destroy and overthrow the lawes and liberties of England, and to ingrosse, inhance, and destroy the trades and Franchises of most of the Freemen of London.

But if it should be objected, That these things are the ancient customes and practices of the Grandees of London: and therefore by prescription of time are become lawes thereto;

I answer: Course of time amends not that which was nought from the beginning. And that which was not grounded upon good right, and sound reason; is not made good by continuance of time. And therefore to give a definition of the Lawes of England, as it may be proved out of the workes of the best and most conscientious Lawyers thereof.

It consists of the ancient constitutions, and modern acts of Parliament, made by the States of the Kingdome: but of these onely such as are agreeable to the word of God, and law of Nature, and sound Reason.

Or the Fundamentall Law of the Land, is the PERFECTION of Reason, consisting of Lawfull and Reasonable Customes, received and approved of by the people: and of the old Constitutions, and modern Acts of Parliament, made by the Estates of the Kingdome. But such only as are agreeable to the law Eternall and Naturall, and not contrary to the word of God: For whatsoever lawes, usages, and customes, not thus qualified; are not the law of the land: nor are to be observed and obeyed by the people, being contrary to their Birth-rights and Freedomes, which by the Law of God, and the great Charter of Priviledges, they ought not to be.

And therefore Sir Richard Empson, and Edm. Dudley, Justices of Peace, were both hanged in Henry the eighths dayes, for putting in execution, severall illegall practices grounded upon an unjust law made in the 11. H.7.chap.3.1. which, as honorable Sir Edw. Cook saith was made against, and in the face of the Fundamentall Law of the great Charter, 2. part. Instit. fol.51.

And just it was they should be thus dealt with, because it is honorable, beneficial and profitable for the Common-wealth, that guilty persons should be punished, lest by the omission of, the punishment of one, many men by that ill example, may be encouraged to commit more heinous offences. And excellent to this purpose, is that saying of the Parliament, which I desire they may never forget, Book. Doctor pag. 39. which is, That they are very sensible, that it equally imports them, as well to see justice done against them that are criminous, as to defend the just rights and liberties of the Subjects and Parliament of England. And therefore pag. 650. they call the execution of the law, the very life and soule of the law, as indeed it is: without which; it is but in truth a dead letter, and a sencelesse block. But woe unto you prerogative Patentee-Citizens, if the Law shall be executed upon you; I professe I will not give three pence for an hundred of your estates, for all the greatnesse thereof, what-ever become of some of your liberties, or lives; which many of your have hitherto preserved by bribes, and other indirect courses. Witnesse some of you in a joint fraternity, like brethren in evill, giving above threescore thousand pounds at once for a bribe in the dayes of the Councell-Table, to preserve you from Law and Justice; and to destroy the Law, and to buy and rob your fellow-Citizens, as free as your selves, of their liberties, franchises, trades, and livelihoods. Read the Discourse for Free Trade.

Onlye worse then high-way men, pick-pockets, & housebreakers, who now would fain transform your selves into Angels of light, like your old wicked Father, & become godly Presbyters, that now-sprung-up Sect and Heresie in England; whose Lordlinesse and pride, was long since as Heathenish and Gentilisme condemned by Christ and his Apostles; and zealous Covenanters, which you make your stalking horse, to disfranchize all honest and tender conscienct men, that cannot take that impossible to be kept, and double-faced Covenant, the greatest make-bate and snare that ever the Divell, and the Clergy his Agents, cast in amongst honest men in England, in our age: which I dare pawn my head and life so to prove it to be, in a fair & publike discourse, against the greatest maintainer thereof in England. But alas! If it were ten times worse, your wesons are wide enough to swallow it down, and your consciences large enough to disgest it, without the least danger of vomiting; But I hope the true, faithfull; and just God of Heaven and Earth, will raise up heroical Instruments, to unvaile, and unmask you; and bring about wayes & means enough, for all your jugling, and machivel-like endeavours, to divide the peoples affections, each from other, about those unhappy names of Independents and Presbyters to bring you to condigne, and just deserved punishments, before you have fully sadled and bridled them, and made them fit to be rid by you as slaves: And therefore, for the further discovery of you, I judge it not amisse here to insert, that excellent Petition of Mr. William Sykes, and Thomas Johnson, delivered in writing first to the house of Commons, and then in print to the Members thereof; which thus followeth:

To the Honourable the Knights, Citizens, and Burgesses of the Commons House in Parliament Assembled.

The humble Petition of William Sykes, and Thomas Iohnson, Marchants, on the behalfe of themselves, and all the freemen of England.

William Sykes
Sykes, William
Thomas Johnson
Johnson, Thomas
March the 4. 1645
Sheweth,

THat whereas divers Marchants in the 21. year of the Raign of Queene Elizabeth, under the great Seal of England, obtained a large and illegall Charter of incorporation, for them and their Company, to use the traffique and seas of Marchandize, out, and from any of Her then Majesties Dominions, through the Sound into divers Realmes, Kingdoms, Dominions, Dukedoms, Countries, Cities, and Townes, viz. Norway, Sweden, Poland, &c. Whereby none but themselves, and such as they shall think fit, and for such fines and compositions as they shall impose, shall take any benefit by the said Charter; disfranchising thereby, all other the free-borne people of England, who during the time of all these warres, have been in divers respects, greatly charged for the defence of this present Parliament; the lawes and liberties of their native Country, and therefore ought indifferently to enjoy the benefit of the good lawes, franchises, and immunities by Magna Charta established: which great Charter hath been ratified by 31. sessions of Parliament; as also this present Parliament, being bound by protestations, oaths, and covenants to maintaine the same: by reason whereof, and other illegall monopolies, they are debarred from that free inlargement of common traffique, which the Kingdoms of Scotland and Ireland do enjoy; the same being destructory to their laudable liberties and priviledges, the fundamentall lawes of the Land, to the manifest impoverishing of all owners of ships, masters, mariners, clothiers, tuckers, spinsters, and multitudes of poore people; besides the decrease of customs, the ruine and decay of navigation, together with the abusing the price of our wools, cloth, stuff: and such like commodities, arising and growing within this Ralm, and the inhauncing of all commodities imported from those forraign parts, by reason of the insufficiency of the merchants, they being few in number, and not of ability to keepe the great store of our ships and seafaring men a work, and to vend our native manufactories, and likewise by reason that those forraign commodities are in few mens hands, much hurt and, prejudice hath redounded to every private or freeman of this Kingdom, and tendeth to the ruine of the constitutions thereof.

Your Petitioners most humble suit is, that the charter and monopoly of the Eastland-merchants, the charters and monopolies of the merchant Adventurers, Turkie-marchants, Greenland-marchants; Muscovia-merchants, &c. upon mis-informations, and untrue pretences of publike good, so unduely obtained, and unlawfully put in execution, to the great grievance and inconvenience of the free Denizons of this Realm, contrary to the great Charter, and divers other statutes of former Parliaments, viz. the 12. H. 7. the 3. Jac. which was made for the overthrow of the Spanish Corporation, &c. the Petition of Right, the act made for the abolishing of the Star-Chamber in this present Parliament (in which our liberties and freedoms are confirmed) may be, as indeed they are, declared to be contrary to law, and to be utterly void, and of none effect, and in no wise to be hereafter put in execution; and this we are the rather imboldened to crave, for that the Parliament in the 3. Car. by the Petition of Right, and this Parliament by the act for abolishing the Star-Chamber, have confirmed the statute of tallage, made in the 34. of Edw. 1. whereby in the 4. chaptar, it is enacted; that we shall have our lawes, liberties, and free customs, as largely and wholly as we or our ancesters have used to have the same at any time, when we had them at the best: and if any statute hath been made, or any custome brought in contrary to them; that such manner of statutes and customs, to be void and frustrate for evermore: and by another statute of the 25. Edw. 1. yet in force, and unrepealed, It is enacted, that if any Iudgement be given contrary and against the subjects liberties, confirmed by Magna Charta, by any Iustices, or by any other Ministers, that hold plea before them; the same shall be undone, and holden for nothing: all which your Petitioners doubts not but you will grant and confirme, and no more subject your Petitioners to these law-destroying monopolizers: but that free trade and traffique may be restored in all points, according to law, as of right it ought to be: these Corporations called to a strict account for all their wrongs and oppressions, and reparations made to the parties grieved, as shall be agreeable to justice (the life and soule of all well-governed Common wealths) that all men hereafter to succeeding generations, may be terrified from making inchroachments upon the common liberties and freedoms of the people.

And your Petitioners shall ever pray, &c.
March the 4. 1645
.
William Sykes.
Thomas Johnson.

And I doe hereby exhort all my fellow-Citizens that have been denied and prohibited by you to follow their trades, and vend their goods, seriously to read over the Statute of Monopolies, made 21. James, chap. 3. and seriously with the best advice and counsell they can get, consider thereof; and I believe they will, by it, finde your practises to be against the Fundamentall Laws of England, and your selves liable to pay treble dammages, and double costs, to every man that shall ground his action upon this Statute; and, sue you at common-law, for hindering, grieving, disturbing, or disquieting, or his, or their goods, or chattels, any way seizing, attaching, distraining, taking, carrying away, or detaining by occasion, or pretext of any Monopoly, or of any such Comission (as in the Declaratory-part of this Statute, is mentioned) grant, licence, power, liberty, faculty Letters-Pattents, proclamation, inhibition, restraint, warrant of assistance, or other matter, or any thing tending as aforesaid.

And for the incouragement of all those, that sue upon this most excellent Law; it is enacted in the body thereof, That he that delayes an action grounded upon this Statute, incurs a Præmunire, according to the Statute of the 16. R. 2. chap. 5.

But if you shall think, that you are free, by reason of the 5. proviso therein contained: I believe you are meerly cuzoned; for if you read the Preamble or Declaratory-part of the Statute, you shall find it there declared, That all grants of Monopolies, and of the benefit of any equall Lawes, or of power to dispence with the Law, or to compound for the forfeiture, are contrary to Law; So that thereby it appears, the antient fundamentall known law of the Land, is absolutely against Monopolists; so that this Statute is no new law, but a declaration and confirmation of the old and just law of the Land, which makes the Statute the more stronger: but least it should in future time, by any scrupulous or cautious Judge, be questioned, whether it bee a true Declaration of the Law: Therefore, to make it strong, without staggering; it is not only declared to be law, but it is enacted to be so, and that by all the estates, in a free and peaceable time; which makes it as firme, and sure, without the least flaw in the world, as it is possible for any humane law to be made: And therefore, for the avoyding and preventing of the like mischiefs in future time, as had happened in the Kingdome in times past, to the great grievance and inconvenience of the people; May it please your most excellent Majesty, at the humble suit of the Lords Spirituall and Temporall, and the Commons in this present Parliament assembled, That it may be declared and enacted; And be it declared and enacted, by authority of this present Parliament. That all Monopolies, and all Commissions, Grants, Licences, Charters, and Letters Pattents, heretofore made or granted or hereafter to be made or granted to any person or persons, bodies politike or corporate whatsoever, of, or for the sole buying, selling, making, working, or using of any thing within this Realme or the Dominion of Wales, or of any other Monopolies, or of power, liberty, or faculty, to dispence with any others, or to give licence or toleration to doe, use, or exercise any thing against the tenour or purport of any Law or Statute or to give or make any Warrant for any such dispensation, licence, or toleration to be had or made or to agree, or compound with any others for any penalty, or forfeitures limitted by any Statute, or of any Grant or promise of the benefit, profit, or commodity of any forfeiture, penalty, or summe of money, that is, or shall be due by any Statute, before judgment thereupon had, and all Proclamations, Inhibitions, Restraints, Warrants of Assistants, and all other matters and things whatsoever, any way tending to the instituting, erecting, strengthening, furthering, or countenancing of the same, or any of them; are altogether contrary to the Lawes of this Realm, and so are, and shall be utterly void, & of none effect, and in no wise to be put in use or execution.

Now I pray tell me, ye Monopolizers of London, of what strength, validity, or authority, is your proviso against this strong declared Law? truly not worth a button, being absolutely weaker; then all the other 9 Provisoes.

But let us a little consider of your proviso; the conclusion of which, expresly saith, That your Fraternitie, Charters, Customes, Corporations, Companies, Fellowships and Societies, and their Liberties Priviledges, Powers, and Immunities, shall be, and continue of such force and effect (mark it wel) as they were before the making of this Act, and of none other: any thing before in this Act contained, to the conteary, in any wise notwithstanding. And truly, they were all of them illegall before, and therefore of no force and effect, as is fully proved and declared in the Preamble, so that you get not the breadth of a hair, either in point of benefit or power, by this proviso. But, notwithstanding, your Pattents, Charters, &c. are not onely declared and enacted, to be illegall, but also your estates liable to pay treble dammages and double costs, to all men that you wrong, contrary to this just and excellent Law: in which, besides the incurring the Praemunire, to any that shall delay an Action grounded upon this Statute: It is also enacted, That no Esseign, Protection, Wager of Law, Aid Prayer, Priviledge, Injunction, or order of restraint, shall in any wise be prayed, granted, admitted, or allowed, nor any more then one imperlance.

And for the further illustration, that the Proviso of London is under, both the declaratory, and penall part, of this Statute; seriously read and consider, the strength of the five last provisoes, which onely are fenced in unquestionably, and you shall find their provisoes run clear in another strain to that of London, viz. Provided also, and be it enacted, that this Act, or any Declaration, provision, disablement, penalty, or other thing before in the Act mentioned; shall not extend to, &c. and in the conclusion of their proviso, the words run thus. That all &c. shall be, and remain of the like force and effect, and no other, and as free from the declarations, provisions, penalties, and forfeitures contained in this Act, as if this ACT had never been had nor made, and not otherwise.

But compare the proviso for London (which is absolutely the weakest of the rest) and you shall find no such words in it at all; the words of which Proviso; thus followe:

“Provided also, and it is hereby further intended, declared, and enacted; that this Act, or any thing therein contained, shall not in any wise extend, or be prejudiciall unto the City of London, or to any City, Borough, or Towns-Corporate within this Realm; for, or concerning any Grant, Charters, or Letters-Pattents to them, or any of them, made or granted, or for, or concerning any custome or customes used by or within them, or any of them, or unto any Corporations, or Fellowships of any Art, Trade, Occupation, or Mystery, or to any Companies, or Societies of Merchants within this Realm erected for the maintenance, enlargement, or ordering of any Trade of Marchandize; but that the same Charters, Customes, Corporations, Companies, Fellowships and Societies and their liberties, priviledges, powers, and immunities shall be and continue of such force and effect, as they were before the making of this Act (which was just none at all) and of no other: any thing before in this Act contained to the contrary in any wise: notwithstanding, the Statute of 3. James, chap. 6. which Statute opens and make free, the trade for Spain, Portugall, and France, with Sir Edward Cookes Coment upon the Statute of Monopolies, in the 3. part of his Institut. fol. 181. and his sayings upon the same subject in his Exposition of Magna Charta, 2. part Institut. fol. 47. is extraordinary well worth the judicious Readers serious perusall; for they will give a great deale of light about these Monopolists, &c. But in case the Reader have not the bookes by him, nor cannot furnish himself therewith without a great deal of money; if he please to furnish himself with my fore-mentioned Treatise (which for a very small matter he may) called 55, 56, 60, 61, 62, pages thereof: you shall finde there, both the fore-mentioned Statute at large, and the marrow of Sir Edward Cookes Aaguments; to which I refer you.

But if any man shall propound the question, and ask what’s the reason that the Statute of Monopolies, being a Law of so great concernment, to all the people of London, is no plainer penned.

I answer (according to that information that I have from every good hand, and one that knowes as much of the hammering, contriving, and passing of that Statute; as I think any one man in England doth) that in the Parliament before this most excellent Law passed, it was in more plainer expressions then now it is sent up to the Lords, who judged it so prejudiciall to the Prerogative, and divers great Courtyers, that with scorne and indignation they tare it in their house, and threw it over their Bar; so that there was an end of it for that Parliament: But it being of so much use to the Commonwealth, as it was; some Patrons thereof in the next Parliament, set it on foot again, and prosecuted it very close: but judging it impossible, purely without clogs to passe the Lords; and if it did passe the Lords, yet they feared it would stick at the King; and therefore put in some colourable provisoes, which not one in a hundred could rightly understand: but it coming into the Lords house with the provisoes, much all alike, the subtle, crafty, Attorney Generall, then Sir Thomas Coventry late Lord-Keeper presently found out the fallacie; and being put upon it by his Master the King, strengthened the five last provisoes as they are, which principally served his turn, and bearing then a good-wil to the Common-wealth, and the Law of the Kingdome, passed by that proviso of London, &c. that so the Act might be as beneficiall for the Kingdom, as possible it could bee got to be then: and to be the promoters of that Statute, were willing to please the King and his Courtiers, in admitting the five last provisoes, having gained London, &c. being the main and principal of all the rest, rather then not to have it passe at all; which then it was impossible to do without them: and therefore there was an extraordinary great necessity, to pen it so ambiguous & doubtful as it is, not only for casting a mist over the Citizens eyes, as indeed they have done it excellently well; who if it had been plain, perspicuous, and easie to their understandings, would have interposed with all their might and strength: and if they could not have prevailed to stop it in the House of Commons; would have gone near to have bribed all the Courtiers about the Court (in which practises they are very well versed) before it should have passed either with the Lords, or King.

Now seeing the Patentee-Monopolizers are so pernicious and destructive to the lawes and liberties of England, as by constant experience they are found to be; that both in former Parliaments, and this present Parliament, the House of Commons have thrown divers Patentee-Monopolists, out of the House; as altogether unfit to be law-makers, who have been such law-destroyers. It had been pure Justice indeed, if they had made no exceptions of persons; but swept the House of all such: and then the King in his Declaration of the 12. August, 1642. Book Declar. pag. 516. had not had so much cause too justly to hit them in the teeth, with being partiall in keeping in, Justice Laurence Whittaker, &c. who the King there saith, hath been as much imployed as a Commissioner in matters of that nature, as any man. And by all the information that I can get, or heare of, from those that knew him well before the Parliament; the King in this particular hath spoken nothing but truth: and I am sure, and will to his face make it good, secundum legem terræ (that is by the law of the land, but not by the arbitrary law of Committees, that his estate and head will not make a sufficient satisfaction to the kingdome for those intolerable In-rodes that he hath made since this Parliament, into & upon, the fundamental and essential liberties, privileges, and lawes of England. Therefore to you my fellow-Citizens, the Cloke-men of London, I make this exhortation, to make a petition to the Parliament, to bring him, & all such Delinquents, to condigne punishments: which both the most of you, and the Parliament are bound unto (not only by your own interest, but also) by your protestation, &c. Book Declar. 156. 191. 278, 629. And good encouragement you have from their own Declarations, so to doe: For there they say, Book. Decl. 656. The execution of Justice is the very soul and life of the law. And pag. 39 they say, They are very sensible, that it equally imports them, as well to see justice done against them that are criminous, as to defend the just rights and liberties of the Subjects and Parliament of England. And in pag. 497. they say, Woe unto them if they doe not their duty. Therefore never think that the Parliament will be worse then their words, or throw their own Declarations behind their backs and therefore if you want the fruit of them; blame your selves for not pressing them to make them good unto you. For I am sure it is their own Maxime and saying, that, of the Parliament there ought not to be thought or imagined a dishonourable thing, page 28 and therefore, as they would have men to believe the truth of this Maxime; so undoubtedly they will be very careful and wary not to do a dishonourable action, much lesse to protect visible Delinquents and Offendors amongst themselvs in the great Councel of the Kingdom, which were not only a dishonourable action, but would justly open all rationall mens mouths (not only to think, but also) to speak dishonourably of them.

But it may be, you will say, that your Grandees of London tell you, the Parliament will receive no Petitions from a multitude of Citizens, unlesse it come through the Common-councel.

I answer, true it is, there hath been a very strong report of such a thing in London; but roguery, knavery, and slavery is in the bottome of it: for if the prerogative-men of London could once bring you to that; they might tyrannize over you at their pleasure, ten times more then they do. Therefore, an enemy to the Liberties of England and London in the highest degree; hee is that would perswade you, to believe any such thing: Yea, and I say further, he is an enemy to the honour, dignity, and safety of the Parliament that so doth: for this were to destroy the fundamentall freedomes of England, which the Parliament themselves cannot destroy, being appointed to provide for our weal, but not for our woe, Book Decl. p. 150, 81, 179, 336, 361, 382 509, 663 721, 726. and themselves say, pag. 700. that all interests of trusts are for the use of others, for their good, and not otherwise.

And punishable is he, that shal make the people believe any such thing: the Parliament judging it the greatest scandal, that can be laid upon them, that they either do, or ever intended such a thing, as to inslave the people, and rob them of their liberties and freedomes, Book Decl. p. 264, 281, 494, 496, 497, 654, 694, 696, 705, 716.

And therefore, when the King chargeth it upon them as a crime, that they have received Petitions against things that are established by Law; they acknowledge it to be very true,. And further they say, that all that know what belongeth the course and practice of Parliament, will say, that we ought so to do; and that both our Predecessours, and his Majesties Ancestors have constantly done it, there being no other place, wherein lawes, that by experience may be found grievous and burthensome, can be altered or repealed; and there being no other due and legall way, wherein they which are agrieved by them, can seek redresse, Book Decl. pag. 720.

Yea, and when his Majesty hits them in the teeth, with the great numbers of people that used to come up to Westminster, the beginning of this Parliament, calling them tumultuous numbers; “They tell him, that they do not conceive that numbers do make an Assembly unlawfull; but when either the end, or manner of their carriage shall be unlawfull. Divers just occasions (say they) might draw the Citizens to Westminster, where many publike and private Petitions, and other causes were depending in Parliament, and why that should be found more faulty in the Citizens, then the resort of great numbers every day to the ordinary Courts of Justice, we know not, Book Decl. p. 201. 202. And therfore, pag. 209. they affirme, that such a concourse of people, carrying themselves quietly and peaceably (as they did) ought not in his Majesties apprehension, nor cannot in the interpretation of the Law, be held tumultary and seditious:

And therefore up and be doing againe, as then you did, and also petition for the exemplary punishment of those amongst themselves, that have robbed you of your Lawes, Liberties, Franchises, and Trades; for besides all that is before named, a greater is behinde, namely, the disfranchising of all you Clokemen of London, in giving any vote in chusing your Burgesses for Parliament, although I am confident you are above three hundred, for one Livery-man, and although your Persons and Estates, I dare say it have been voluntarily ten times more ready and serviceable, in these late distractions, to preserve the Parliament, and the Kingdome, and the lawes and liberties thereof; then the Gowne or Livery-men; although you be rob’d, by them of yours. Truly for my part, I speake from my soule, and conscience, without feare, I know no reason (unlesse it can be proved that you are all slaves & vassals (why you should be concluded by the determinations, orders, and decrees of those, that you have no vote in chusing: (for it is a true and just maxim in nature, no man can binde me but by my own consent) neither do I see how in reason or conscience it can be expected from you, to pay any taxes, &c. but that the whole charge that is layd upon this City, should totally be borne by the Aldermen, and the Livery men till you be actually put in possession, and injoy your equall share in the lawes, liberties and freedoms thereof; as by the law of nature, reason, God and the land, yea, and your own antient and originall Charters, the meanest of you ought to do, as fully and largely in every perticuler, as the greatest of them.

And now I am upon this theame, I will make bold humbly to propound or declare to the consideration of the Parliament, an insufferable injury, and wrong, that is done unto thousands of the freemen of England, by vertue of Prerogative Charters, and corporations, and the restrictive and unjust statute of the 8. H. 6. chap. 7. First, by Prerogative Charters, the King makes corporations of what paltery Townes he pleaseth, to chuse two Burgesses for the Parliament, in diver of which a man may buy a Burgesship for 40. or 50. l. and in some of which is scarce, 3. legall men to be found according to the Statute of 8. H. 6 7. that is to say, men that are worth 40. s. in land by the yeare, above all charges, and in others of them, are scarse any but Ale-housekeepers, and ignorant sots, who want principles to chuse any man, but only those, that either some lord, or great man writes for, and recommends; or else one who bribes them for their votes; and this undenezing of those Corporations, is an undenezing to all the towns and villages adjacent; in which live thousands of people, that by name are free-men of England, and divers of them men of great estates in money and stock; which also are disfranchised, and undenezed, by the fore-mentioned unrighteous Statute; because they have not in land 40. s. per annum, and so shall have no vote at all in chusing any Parliament man, and yet must be bound by their Lawes, which is meer vasalage; and besides, unrighteous it is, that Cornwall should chuse almost 50. Parliament-men; and Yorkeshire twice as big, and three times as populous, and rich, not half so many; and my poor Country the Bishoprick of Durham, none at all; and so indeed, and intruth, are meer vassals and slaves, being in a great measure like the French Peasants, and the Vassals in Turkie: but the more fooles they: for I professe, for my part, I would lose life and estate, lived I now in that Country, before I would pay 6. d. taxation; unlesse it might enjoy the common, and undeniable priviledge in chusing, (as others, and all the Countries in England, besides, do) Knights and Burgesses, to sit and vote in Parliament: the greatest hinderer of which, at the present, I judge to be old Sir Henry Vane, the Vaine and unworthy Lord Lieutenant thereof, who hath done more mischiefe to that poor Country, by his negligence, if not absolute wilfulnesse, perfidiousnesse and treachery, (the discovery of which you may partly read in the 19, 20, 21. pages of Englands Birth-right; and which I understand is likely shortly more fully to be anatomized (if he turn not the more honester and juster speedily) by them or him, that to the death will avouch it,) then his life and estate can make satisfaction. And therefore, me thinks it were a great deale of more Justice and Equity, to fixe upon the certain number of the men, that the House of Commons should consist of at 500. or 600. or more, or lesse, as by common consent should be thought most fit; and equally to proportion out to every County, to chuse a proportionable number, sutable to the rates, that each County by their Bookes of Rates are assessed, to pay towards the defraying of the Publique charge of the Kingdome; and then each County equally and proportionable by the common consent of the People thereof to divide it selfe into Divisions, Hundreds, or Wapentakes, and every Division of and within themselves, to chuse one or more Commissioners to sit in Parliament, sutable to the proportion that comes to their share: which would put an end and period to all those inconveniencies that rarely happen, which are mentioned in the foresaid Statute of the 8. H. 6, 7. and restore every free-man of England, to his native, and legall rights and freedomes: Oh! that England might enjoy this peace of pure Justice; the which if it do not, the free-men thereof may blame themselves.

But now to return back to the City, and its prerogative-Monopolizers, who, and their predecessors, I may justly say, have been main and principall Instruments of all Englands woe and miserie; as I dare pawn my life upon it, cleerly, justly, and rationally to demonstrate: for what hath brought all the present wars upon us, but the unjust swelling of the Prerogative, beyond the just Bounds of the known, and established Law? and who hath put the arbitrary commands therof in execution; but principally the Monopolizing Citizens? as in hundred of particulars, might cleerly be evidenced and furnished the King from time to time, and year to year, with vast sums of money, to supply his extravagancies, and the extravagancies of his extravagant Courtiers, which did inable him to break off former Parliaments at his pleasure, and to keep them off, so long, till this poor Kingdome with oppression and injustice was almost destroyed.

And sure I am, if the King had found none to obey, or put in execution his illegall commands; our former miseries, and these present warres had never been: and impossible it would have been for the King to have kept off Parliaments so long as he he did, if these men and their predecessors had not been beginning, originall, and ill presidents, illegally (from time to time for their own particular ends and advantages) to supply his necessities with vast summes of money: yea, I have heard it from very good hands, of solid and substantiall Citizens, That after the breaking up of the Parliament in the third of this King, the Corporation of MERCHANT ADVENTURERS, freely and voluntarily without any compulsion, made a most unjust, and England-destroying and inslaving order, in their Company, TO PAY VNTO THE KING CVSTOMES, &c. for all their Merchandise, contrary unto law, and the liberties of England. Yea, and in affront of the late, or most excellent Parliament that had made the Petition of Right, by which all royall impositions, and levies whatsoever, are damn’d: and not onely enacted, but also declared, to be against the Fundamentall lawes of the kingdom; and yet I never heard of any of these men, whose life and estate was made a just sacrifice there-for; although to my understanding, they as much, if not more, deserve it, then the Earle of Strafford, But contrary to their deserts, divers of the Grandees of this very Monopoly, and illegall Corporation, are become the great Treasurers of the kingdomes money, both in the Custome-house, and Excise; contrary to law, right, equity and conscience: which action of the Parliaments, in putting them into those 2 grand places, loseth the Parliament more in the affections of thousands of honest people; and will, if not speedily prevented, make a greater breach in the peace of this distressed kingdome, then all their estates confiscated will repay: For people doe already very much murmure, and begin privatly to question the intentions of the Parliament in reference to these men: and many begin to say, that this demonstrates unto them that they shall but only have a change of Masters, and not of their Bondage, slavery, and oppression; seeing such Varlets, Vipers, Pests, enemies and destroyers of the lawes and liberties of England, imployed in the great Places of the kingdom, who must needs act according to their old and corrupt principles, and drive on their habituated and destructive designes against the weale, peace, trade, and tranquillity of this poore bleeding kingdome. And if (say the people) these worst of men, who eat up mens trades and livelihoods, and so suck their bloods, as Sir Edward Cook in his forementioned discourse well observes, and destroy men and this poore kingdome, with a secret destruction, shall possesse the Custome-house; are they not enabled thereby to curb every Merchant that hath any Principles in him for the lawes and freedomes of England; are they not enabled hereby, to send their agents, creatures, and servants, to all the Ports and Sea-townes of England, where they have an influence into the elections of all the Burgesses that in any of them are chosen to sit in Parliament. By means of which we may have (say they) wickednesse, bondage, slavery, and all kind of Monopolies established by a Law: and then our last error will be worse then the first, and all our money, & blood, and fighting, shed and spent in vain. And have not the Excise-men the same power in every particular, in their hands likewise: For can they not, yea doe they not sit upon the skirts of every man that hates and opposes their tyrannizing and monopolizing wayes? And doe they not authorize, and send their Sub-commissioners, &c. into all the Counties and Corporations in England, where they have the same influence into all elections, that their brethren at Custome-house have in Sea-ports and Havens? Nay, these Blades strengthen their interest, and make it double. Therefore look about you Gentlemen, before it be too late. For sure I am, were it not for those unhappy, unnaturall and irrationall divisions, that these men (with the help of their Monopolizing brethren the Clergy) have made amongst us; I am assuredly and confidently perswaded, that neither the King nor the Scots, nor yet the unjust Lords, would be so high in the Iustep, as they are; which is like to beget a new warre again. For shame therefore unite in affection, though you cannot in judgement, in matters of Religion, and study and stand for your common interest, lawes and liberties, and take heed the French come not creeping in at a back doore: For they have already got Dunkirk, and so are furnished with a good Harbor and store of shipping, from whence with a faire wind they can in 6 or 8 hours land in the coasts of Kent, Essex, Suffolk or Norfolk: Therefore beware of those two dangerous places, Lin, & the Isle of Lovingland, hard by Yarmouth: therefore up, and as one man, to the Parliament with a Petition, to displace all those Monopolilizers, and to put honest Englishmen into their places, that love the Fundamentall lawes, and the common and just liberties of the Nation: And also desire the Parliament to reduce the publick treasure of the kingdom, into the cheap, publick, and old good way of the kingdome. The Exchequer for these obscure clandestine wayes of these mens receiving and paying moneys, is not safe nor profitable for the kingdome, if you will beleeve Mr. John Pyms Speech, made at the Barre of the House of Peeres against the Duke of Buckingham, which is a most excellent speech. And also desire the Parliament not onely to remember, but also cordially, heartily, and really to put in execution their selfe-denying Ordinance that they themselves may be examples of self-deniall to all the men in the kingdome. For a hard matter is it for any Parliament-man-what-ever he be, in such times of distresse as these are, wherein Souldiers that have ventured their lives for eight pence a day, to save both the Parliament and the kingdome, and many poore Widowes and fatherlesse children, that have lost their husbands and Fathers in the warres, and are now ready to sterve and perish for want of bread; and yet cannot get their small arreares. And when the kingdome is reduced to that poverty, that Excise and Taxes must be laid upon poor men, that have wives children and families, and nothing to maintain them with, but what they earn with the labour of their lands, and the sweat of their browes, and yet then for &c. to have great places of 1000. l. 1500. l. or 2000. l. per annum, and the salaries and stipends of them paid out of the publick book, when they are able to live in pomp and gallantry of themselves besides: and it is possible to get honest, faithfull and experienced men; that have ventured life and all for the common wealth, to officiat in those places, as well, if not better, for 100. l. or 150. l. or 200. l. per annum: let such men, if there be any professe what honesty or Religion they will; I professe seriously, that some such actions, at such a time as this; are cleare demonstrations to me, that such men have neither honesty, Christianity, nor Religion; but meerly make them pretences for their own unworthy ends.

And this Parliament being now a standing Parliament, and like so to continue; it is very hard that the Lawyers thereof should run from Bar to Bar to plead causes before Judges made by themselves, who dare not easily displease them, for feare of being turned out of their places by their meanes. Sure I am, well and conscienciously to officiate the single place of a Parliament man; is enough for one.

But to return again to the Monopolizers, the endeavourers, & contrivers of Englands destruction. If Alex. Archb. of Yorke, and Rob. de Veere, Duke of Ireland, &c. deserved to be prosecuted as traytors, for but endeavouring at the Kings comand to destroy certain members of both Houses: How much more doe these law-and-kingdome-destroying Monopolizers, deserve the same, that have not onely endevoured the destructions of some Parliament-men, but also the very Being of all, Parliaments themselves; and so by consequence; the whole kingdome. Sure I am, if the Commonalty of London will carefully peruse their own ancient and just Charters, they shall find, That they within themselves have power, enough not onely to disfranchise all these Monopolizers, but also all other freemen of London that shall endevour the destruction of their ancient fundamentall and just Freedomes, Liberties and Franchises: And that they, namely, the Commonalty, have not onely liberty to chuse their Lord Maior, and that not onely from amongst the Court of Aldermen; but also if they please, they may chuse a discreet man from amongst themselves: And the Commonalty in every Ward, upon a fixed day, are inabled once every yeare to chuse an Alderman in every Ward, with an expresse Prohibition, that one man shall not be Alderman two yeares together. And the Commonalty expresly have a power to chuse Chamberlaine, common Sergeant, Bridge-master, &c. and to whom alone they are to be accountable for the moneys in their offices received.

Now having brought this Discourse to this period; it behoves me a little to Apologize for myselfe: because I beleeve I shall have a whole sea of indignation to arise against me; which I heere professe I feare not, nor value, if I may have faire play, and have not my hands and feet bound, and then challeng to fight, and defend my self. And truly I must say, and that in the presence of God, I have in the singlenesse of my heart, without ends of my owne; discharged my conscience: the boylings of which I could not withstand, being at the writing hereof in Jeremies case, when he said, pleading with God, Thy word was in my heart as a burning fire shut up in my Bones, and I was weary with forbearing, and I could not stay, Jer. 20. 9.

But yet, because what-ever I meet with besides, I perswade my selfe I am sure to meet with the revilings, and reproches of the barking curs of the times, such as (S. Shipard) &c. who in my close captivity have: nibbled at my heeles, like brats of the old Serpent; I shall therefore, for my present apologie, publish to the view of the world, the dealings of Mr. Iohn White, a Warder in the Tower with me, who lately writ a most false and scandalous book against me, & with much importuning the Lieutenant of the Tower, (being prohibited Pen, Ink, and Paper) I obtained leave from him, upon certain conditions made with him, to write an answer to it; which was, that I should not in the least meddle with his masters that committed me; and to let him see it, before it was printed, which I performed. But my Angatonist, old Iohn White, as it appears to me, hearing the Answer was very plain, and home English; sent me a message by a Gentleman, my fellow-prisoner, That he desired to put the difference betwixt us to arbitration: And I being a man of peace, and willing to avoid jangling, if it were possible; upon agreement to compose it.

I did chuse two of my fellow prisoners, strangers to me, and men of opposite principles; but knowing the Justice of my cause, and being convinced of the morall Justice of the Gentlemen: I chose Sir Lewis Dive, and Sir William Morton; and he chuse Sir John Strangewayes, and Sir John Glanvill; and the first day of the hearing of the businesse was before Col. Francis West Lieutenant of the Tower at his own house, where we both referred our selves, to stand to the finall award of our foresaid Arbitrators: at which hearing, they were pleased to give my Antagonist certain dayes time to procure Witnesses, to prove the essentials of his Charge; and he out-stripping the time, and I lying under his publike disgrace and calumny; I pressed them for a conclusion: upon which they issued out this following Warrant.

John Glanvill
Glanvill, John
John Strangewayes
Strangewayes, John
Lewis Dive
Dive, Lewis
William Morton
Morton, William

WE whose names are subscribed, Arbitrators indifferently chosen to end all differences betwixt Lieutenant-Colonell John Lilburn of the one party, and Mr. John White one of the Warders of the Tower of the other party, have appointed to morrow next at three of the clock in the afternoon, at Mr. Lieutenants house in the said Tower, further to hear, and finally to determine the said differences; whereof wee desire the said parties to take notice, and then to be present with their Witnesses, and all such proofe, as they will use in the premises. Given under our hands this 5. of October, 1646.

{ John Glanvill.
{ John Strangewayes.
{ Lewis Dive.
{ William Morton.

But the next day, the Lieutenants office not permitting him to be present at the finall hearing; we all met at Sergeant Glanvils Chamber, where after a large and faire hearing, they made this award under their hands and seales; the Copy of which, thus followeth:

John StrangWaies
StrangWaies, John
Lewis Dives
Dives, Lewis
John Glanvill
Glanvill, John
William Morton
Morton, William

“TO all true Christian people to whom these presents indented shall come; We Sir John Strangewayes, Sir Lewis Dive, Sir John Glanvill, and Sir William Morton Knights, Arbitrators, heretofore (that is to say, upon the 26. day of Septemb. last past, before the date hereof) indifferently chosen by Lieutenant Col. John Lilburn, of the one party, and John White, one of the Warders of the Tower of London, of the other party, for the ending of all differences, and matters of controversie betwixt them; having entred into the hearing of the said differences, and matters of controversie, upon the said 26. day of September, and having upon the 6. day of this instant moneth of Octob. 1646. in the 22. Yeare of the Raigne of our Soveraign Lord King Charles, fully heard the said differences, and matters of controversie; Doe find the same to be, and arise by, and upon the writing and publishing in print, of a certain Book, entituled John Whites Defence, in behalf of himself, &c. against a lying and scandalous Pamphlet, written by John Lilburn, entituled, Liberty vindicated against Slavery: In the 7. p. of which Book, so written, and published by the said John White; he intimateth, That the said Lieut. Col. Lilburn, was and is the Author of another scandalous Libell; entituled, An Alarum to the House of Lords: and in a Postscript added to the same Book of the said John White, pag. the 12; he alleadgeth the said Lieut. Col. John Lilburn to be the Author and contriver of a printed Letter, annexed to the said Book or Treatise, of Liberty vindicated against Slavery: of which Letter, hee rehearseth a passage, reflecting in a scandalous way upon the honourable houses of Parliament: Of which Book, entituled, John Whites Defence, &c; the said John White confesseth, and acknowledgeth himself to be the Author and Publisher.

“But the said Lieut. Col. Lilburn denied himself to be in any sort the Writer, Contriver, Author, or publisher of the said other Books, Treatise, and Letter, or of any of them; or that he had any hand, direction, or approbation, in, or concerning the writing, printing, or publishing of the same, or any of them.

“And the said John White, did not at our entring into the hearing of the said differences, and matters of controversie, nor at any time since produce or offer unto us any sufficient proofs, by witnesses, or otherwise: Wherby it did, or might appear unto us, That the said Lieut. Col. Lilburn was the Writer, Contriver, Author, or publisher of the said Bookes, Letters, and Treatise, so by him denied as aforesaid, or of any of them! And the said John White being now offered further time to produce his witnesses, or other good proofs, which he had to insist upon, for the making good of the severall Imputations, in, and by his the said John Whites book, laid and fixed upon the said Lieut. Col. Lilburn; He the said Iohn White, absolutely refused to take any further time in that behalf; expresly saying, hee would travell no more in it; We the said Arbitrators, upon due consideration of the whole premises aforesaid, are cleer of opinion; That the said John White (as the care hath been, & is represented & appearing before us) had no sufficient ground to write print or publish, That the said Lieut. Col. Lilburn was the Writer, or Author of the said Bookes, Treatise, and Letter, or any of them: But that the said Iohn White in and by his writing, printing, and publishing of his said Book, entituled, Iohn Whites Defence, &c. in manner and form as aforesaid hath unjustly scandalized: the said L. Col. Iohn Lilburn; And thefore, we the said Arbitrators do most unanimously award, That the said Iohn White shall before the 10. day of this instant moneth of October; make a publike acknowledgment before Col. Francis West, Lieutenant of the said Tower of London, and his the said Lieutenants house in the said Tower, That he the said Iohn White hath done the said Lieut. Col. Iohn Lilburn wrong, and shal make and pronounce the said acknowledgment, in these words following; That is to say, I Iohn White, one of the Warders of the Tower of London; Do acknowledge, that I have unjustly wronged Lieutenant Col. I. Lilburn, in, and by my writing, and publishing in print, in such sort as I did, That he was the Writer, Author, or Contriver of a Book called, Liberty vindicated against Slavery, And of a Printed Letter thereunto annexed; And of a Booke, called, An Alarum to the House of Lords: For all which, and for all the unjust, and scandalous matters and language alleadged, and used by me, in my said Booke, reflecting upon the said Lieutenant Col. Lilburn; I am heartily sorry.

“We the said Arbitrators doe also award, That after the said Iohn VVhite hath so made and pronounced the said acknowledgment before the said Mr. Lieutenant; Hee the said Iohn White shall then deliver his said acknowledgment in writing (subscribed by him the said Iohn VVhite) into the custody of the said Lieutenant Colonell Iohn Lilburn, to be by him kept and disposed of, for his better vindication, against the said scandals laid upon him by the said Iohn White, in his the said Iohn VVhites said Book.

Lastly, we the said Arbitrators do award, That this our award shall be a finall end of all differences and matters of controversie “whatsoever betwixt the said Lieut. Col. I. Lilburn, and the said Iohn White, to us, or to our award in any wise, submitted by the said parties, from the beginning of the world, unto the day of their said submission to our award; so farre as the same doth, or may concern the said parties, or either of them in their particulars: and that the said parties from henceforth shall continue lovers and friends, without any repetition of former injuries on either part.

“And for the better clearing of the said Iohn White in his credit, touching some tumours of couzenage, and perjury by him supposed to be committed, or touching his being forsworn, lately scattered abroad to his discredit; We the said Arbitrators, do unanimously declare; that we have not found any colour, much lesse any just ground to fix upon the said Iohn VVhite any suspition of, or for the same, or any part thereof; But doe thereof in our opinions, absolutely cleer him. Given under our hands and seales the 7. day of Octob. aforesaid, 1646.

{John Strangwaies.
{Lewis Dives,
{John Glanvill.
{William Morton.

But the Lieutenant not being willing, for causes best knowne to himself, that the submission or recantation, should be made before, or in his presence; it was done at Lir John Glanvils chamber: the Copy of which, thus followeth:

John White
White, John
9 day of Octob. 1646

I John White, one of the Warders of the Tower of London, Doe acknowledge, that I have unjustly wronged Lieut. Col. Iohn Lilburn, in, and by my writing, and publishing in print, in such sort as I did; that he was the Writer, Author, or Contriver, of a Booke called, Liberty vindicated against Slavery; and of a Printed Letter thereunto annexed; and of a Book or Treatise, called, An Alarum to the House of Lords: For all which, and for the unjust, and scandalous matters and language alleadged and used by me, in my said Book, reflecting upon the said Lieut. Col. Lilburn; I am heartily sorry: and in testimony thereof, I have hereunto subscribed my hand, the 8. day of October, 1646.

Subscribed, pronounced, and accepted, the
9 day of Octob. 1646
. in the presence of us;
JOHN WHITE.
John Strangwaies,} Knights.
Lewis Dive,}
Iohn Glanvill,}
William Morton,}
Henry Vaughan.}
Christopher Comport, Warder in the Tower.

And now to conclude at the present; because there is not any discourse of mine own abroad in Prin(t) (since I was first locked up so close, as I was by the Lords to Newgate) by way of Narrative, to state censures; by inserting first my Wifes late Petition to the House of Commons; and because by a Gentleman of the Committee to whom my cause was referred, it was judged a Declaration, rather then a Petition, and so unfit to be insisted upon any further, after once reading there: although I am not apt to think, if I had been a man accustomed to write Letters to my Lord Cottington when he was at Oxford at that time; When by Ordinance of Parliament, it was little lesse then death so to doe, her Petition, and my cause, would have found more favour from that Gentleman, then they did, whose cavels necessitated me to send a Petition of my own, to the same Committee, which I shall also insert. But first of all, my wifes Petition thus followeth:

To the Honourable, the chosen, betrusted, and representative Body of all the Free-men of England, in Parliament assembled.

The humble Petition of Lieut. Col. John Lilburn, a legall Free-man of England; though now unjustly imprisoned by the Lords, in the extraordinary chargeable Prison of the Tower of London.

John Lilburn
Lilburn, John
Sheweth, That

WHereas the Petitioner is a legall and free-born English-man, and ought by the fundamentall lawes of this Land, to enjoy the benefit of all the lawes, liberties, priviledges, and immunities of a free born man and a Commoner of England: and whereas by the Lawes and Statutes of this Realm; no free-man may, be taken & imprisoned, but by lawfull judgment of his equals, who are men of his own condition, and the Law of the Land: and by the Law of the same, no man ought to be imprisoned, before he be taken upon indictment, or presentment, by good men of the same neighbour-hood or by due processe of Law. And whereas, every man that is taken or imprisoned by the common Lawes of the Land, ought to be bayled: But he that is taken and convicted for Murder or Felony, or for some other offence for which a man ought to lose life or member. And by the Statutes of this Realm, every man is baylable; unlesse he be taken for Treason, Murder, Felony, or some particular case excepted; wherof the Petitioner is no wayes guilty. But your Petitioner sheweth, that he being taken and imprisoned above 4 Moneths, by colour of unjust orders, and an illegall sentence of the Lords pronounced against him in their house (although they have no legall jurisdiction over him) for supposed contempts and scandals committed against them, which was nothing else then a defence of his own liberty, and shall the free-men of England in a plea and defence put into the said House which contained an Appeal to your Honours, against their unjust proceedings: for which supposed contempts, he is by their unjust sentence committed to the Tower, there to remain for the space of 7 years, and disabled to bear any office either Military or Civill, and to pay 4,000 l. fine. All which proceedings of their Lordships, the Petitioner doth protest against as unjust, illegall, and destructive to the liberties, immunities, and priviledges of all the Commons of England, which he doubts not to free himself, and all other free-born English-men, of; by the Justice of this honourable House (to whom he hath formerly, and now also doth Appeale) and by the assistance of the Lawes of this Land.

Therefore, your Petitioner doth most humbly pray, that he may be inlarged, at least upon bayle, being by Law liable to follow and prosecute his cause depending before you, and redemption from the said illegal sentence, and to obtain just and legall reparations from the inflictors and executors thereof.

And he shall pray, &c.
John Lilburn.
John Lilevrn
Lilevrn, John
Octob. 1646
London

COurteous Reader, by reason I am prohibited to have Pen, Ink, and Paper; I am forced now to write a peece, and then a peece, and scarce have time and opportunity seriously to peruse and correct what I write; and in regard I cannot be at the Presse, either to correct, or revise my own lines (which besides is attended with many difficulties and hazards,) I must intreat thee, as thou readest, to amend with thy Pen, what in sence or quotations may be wanting, or false; &c I shal rest thy true and faithfull Country-man, ready to spend my bloud for the fundamentall Lawes and Liberties of England, against any power what-ever that would destroy them,

JOHN LILEVRN.
From my prerogative, and illegall imprisonment in the Tower of
London
, this present
Octob. 1646
.
FINIS.

T.81 (10.7) John Lilburne, An Anatomy of the Lords Tyranny (6 November, 1646).

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Bibliographical Information

ID Number

T.81 [1646.11.06] (10.7) John Lilburne, An Anatomy of the Lords Tyranny (6 November, 1646)

Full title

John Lilburne, An Anatomy of the Lords Tyranny and iniustice exercised upon Lieu. Col. Iohn Lilburne, now a prisoner in the Tower of London. Delivered in a speech by him, Novem. 6. 1646. before the honorable Committee of the House of Commons, appointed to consider of the priviledges of the Commons of England: The originall Copy of which, he in obedience to the order and command of the said Committee, delivered in writing to the hands of Col. Henry Martin, Chairm-man of the said Committee: Nov. 9. 1646 and now published to the view of all the Commons of England, for their information, & knowledge of their Liberties and Priviledges.

The pamphlet contains the following parts:

  1. Speech To the Honurable the Committee for the Liberty of the Commons of England
  2. Copy of a Letter
Estimated date of publication

6 November, 1646.

Thomason Tracts Catalog information

TT1, p. 473; E. 362. (6.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

MAY it please this Honorable Committee, I had a hearing before you upon Tuesday the 27, of October last, and then I truly acquainted you with the manner of the Lords first sending for me to their Barre, by order of the 10. June, 1646. to answer a charge there. I acquainted you truly, what passed betwixt their messenger & my self, & also what was said to me at their Bar, and how that for no misbehaviour, or any other cause, saving my exhibiting to them my Protest, and refusing to answer illegall Interrogatories: they, the 11. of June, 1646. committed mee to Newgate: and how that upon the 16. of June, 1646. I sent my appeale to the Honorable House of Commons; which was accepted of, And the last time I was before you, I was reading the second Warrant of the Lords to bring me the second time to their Barre: In the midst of which you were called away; and therefore for what then passed, I shall referre you, Mr. Martin, to your own Notes, and my Papers delivered in to you; but especially to my printed relation of their first proceedings with me, which you have.

And now I shall humbly desire liberty methodically to goe on: And as to me it appeares, the Lords taking notice that I had appealed to your House (their indignation being thereby increased;) sent a warrant the 22. of June, 1646. to the Keeper of Newgate, in these words:

Ordered by the Lords in Parliament assembled, that Lieutenant Colonell John Lilburne, now a prisoner in Newgate, shall be brought before their Lordships (in the high Court of Parliament) to morrow snarning by 10. of the clock. And this to be a sufficient Warrant in that behalfe.

John Brown Cler. Parl.

And I being in bed, was by my Keeper about 10, a clock at night, certified, that such a Warrant was come to carry me in the morning to the Lords Barre: I rose betimes and went, and spoke with Brisco the Clerk of Newgate, and my Keepers Master, and told him, the Lords had no power nor jurisdiction over me by law: and therefore I told him, I neither could nor would give my consent to goe up to them. And then he told me, he would force me. Whereupon I went up to my chamber, and locked my door, and writ a Letter to Mr. Wollastone, the chiefe Keeper under the Sheriffes of London: And in his absence, my wife and a friend carried it to the Sheriffes, then at Guild-Hall with the Court of Aldermen, and delivered it and my appeale, &c. to them; who, as they conceive, amongst themselves, read it. But for any thing I know, ordered Brisco to make a forcible entry upon my lodging: for hee came up, and broke my Chamber-wall, and by force carried me down, and put me in a Coach, which carried me to the Lords. The Copy of the above-mentioned letter in print, I here present unto you.

SIR,

I This morning have seen a Warrant from the House of Lords, made yesterday, &illegible; command you to bring me this day at ten a clock before them: the warrant expresseth no cause wherefore I should dance attendance before them; neither doe I know any ground or reason wherefore I should, nor any Law that compels me thereunto: For their Lordships, sitting by vertue of Prerogative-patents, and not by election, or common consent of the people; have (as Magna Charta, and other good lawes of the land tell me,) nothing to doe to try me, or any Commoner whatsoever, in any criminall case, either for life, limb, liberty, or estate: But, contrary hereunto, as incroachers and usurpers upon my freedomes and liberties; they lately and illegally endeavoured to try me a Commoner at their Bar: for which I under my hand and seal protested to their faces against them, as violent and illegall increachers upon the rights and liberties of me, and all the Commons of England, (a copy of which, &c. I in print herewith, send you:) and at their Bar I openly appealed to my competent, proper, legall Tryers and Judges, the Commons of England assembled in Parliament, (for which their Lordships did illegally, arbitrarily, and tyrannically commit me to prison into your custody,) unto whom divers dayes agoe I sent my appeal, &c. which now remains in the hands of their Speaker, if it be not already read in the House, unto which I do, and will stand, and obey their commands.

Sir, I am a free-man of England, and therefore I am not to be used as a Slave, or Vassall, by the Lords, which they have already done, and would further doe. I also am a man of peace and quietnesse, and desire not to molest any, if I be not forced thereunto: therefore I desire you, as you tender my good, and your own; take this for answer, that I cannot, without turning traytor to my Liberties, dance attendance to their Lordships Barre: being bound in conscience, dutie to God, my selfe, mine, and my Countrey; to oppose their incroachments to the death: which by the strength of God I am resolved to doe.

Sir, you may, or cause to be exercised upon me, some force or vielence to pull and dragge me out of my Chamber, which I am resolved to maintain, as long as I can, before I will be compelled to goe before them: and therefore I desire you, in a friendly way, to bee wise and considerate before you doe that, which it may be, you can never undoe.

From my Cock-loft in
the Presse-yard of
Newgate this 13 of
Iune, 1646.

Sir, I am your true and faire conditioned
prisoner, if you will
be so to me.

John Lilburn.

And being in the Painted Chamber talking with Col. Francis Russel, a Member of your House; Brisco came to me, and before him told me, that the Lords had commanded, that I should not speak with any. To which I replied, Are the Lords ashamed of their cause, that they dare not venture my declaring of it to my friend? But, goe tell their Lordships from me, I understand the liberties of England better then so suddenly to be their slave, and to obey their unjust and tyrannicall commands: And therefore tell them, I will whether they will or no, talk with any man that will talk with me, till they out-strip the Bishops (who gagged me for speaking) in cruelty, by cutting out my tongue, or sowing up my lips.

And by and by I was called into their House: and being by them commanded to kneele at their Barre; I absolutely refused to doe it, unlesse they would by force compell me thereunto: which, if they did, I told them, it would bee no act of mine. And I shall (with your favour) give you one reason, which with some others, that made me I did not kneele; and it was this: I knew, by Law the Lords had no jurisdiction over me, and accordingly I had performed my duty to my selfe, &c. in protesting against them, and had appealed to your House, as the absolute legall supreame power of the Kingdome, and so) farre and by many degrees above the Lords. Now if I should have done any action that should have declared any subjection unto the power and judicature of the Lords (which my kneeling would have done,) I had not onely turned traytor thereby, to the Lawes and Liberties of England; but I had also undone all that before I had done, and deprived my selfe both of the benefit of my Protest and Appeale, and should also by my own act, have said my selfe open, justly to be sentenced, and punished by the Lords.

And upon refusall to kneele, they commanded me to withdraw, and made this Order.

Die Martis 23. Junii 1646.

ORdered by the Lords assembled in Parliament, that Iohn Lilburne shall stand committed close Prisoner, in the Prison of Newgate: and that he be not permitted to have pen, inke, or paper, and none shall have accesse unto him in any kinde, but onely his Keeper, untill this Court doth take further order.

To the Keeper of Newgate his
Deputy or Deputies.

John Brown Cler: Parliamentorum.
Exam. per. Rad,
Briscoe Cleric: de Newgate.

Now I shall humbly desire this Honourable Committee, in the first place to observe; that the Lords Warrant of the 22. June, 1646. expresseth no cause at all wherefore I should dance attendance at their Barre, and therefore illegall. 2. I also intreate this Honourable Committee to observe, that the Lords Commitment of me 23. June close Prisoner is altogether illegall, and against the Petition of Right; which is confirmed with every clause in it, by the act that abolisheth the tax of Ship-money, made this present Parliament, and as Sir Edward Cooke that learned Lawyer doth well and truly observe in the 2. part of his institutes folio. 52. there are 4. things that are required to make

1. That he or they which do commit; have lawfull authority. a Commitment lawfull, viz.

2. That their warrant or mittimus be lawfull, and that (saith he) must be in writing, under hand and Seal.

3. The cause must be contained in the warrant, as, for treason, fellony, &c. or for suspition of treason, felony, &c.

4. The warrant or mittimus containing a lawfull cause, ought to have a lawfull conclusion, viz. and him safely to keepe, untill he be delivered by law, &c. and not untill the party committing doth further order. All which 4. are wanting in this warreat; and therefore altogether illegall and unjust.

Now may it please this Committee; I was very free in my discourse with Mr. Wollaston, &c. the Keeper of Newgate, about the illegallity of this warrant, which, it may be, came to the Lords eares, and therefore within 4 or 5. dayes after, they sent a more formall warrant containing the cause of my commitment, and as Mr. Brisco could me, tooke the aforesaid warrant away, the originall copyes of all which orders are in your hands Mr. Martin, and were delivered to you upon the first examination of this businesse, about 4. moneths agoe, to which I humbly referr you.

Now may it Please you to give me leave to go on with the true relation of the barbarous and tyrannicall execution of this unjust order, by vertue of which for about 3. weeks together, I was debarred of pen, inke, or paper, and my Chamber, by Mr. Brisco, for that end, strictly searched, and my wife, councellers and friends kept from me: my wife, &c. after I was first locked up, nor being permitted to set her foote within my Chamber doore, nor permitted to come into the Prison yard, to speake with me out of my window, nor I suffered to receive from the hands of my wife, servant, or friends, either meat, drinke, money, or any other necessaries; and yet their Lordships, nor none by their order, allowing me all that time, the valew of one penny loaf to live upon, and though my wife obtained so much favour from a neighbour to speake with me out of their windowes, at the distance of about 40. or 50 yards, it being impossible for us to say any thing, but what the Jaylors if they had a minde might heare, yet such was their inhuman cruelty, that they often threatned to stop up the poore mans windowes, if he would not cease to permit my wife to look out of them, and also threatned me to boord up mine, or else if I would not forbeare, at that distance, to speake with my wife, to lay me in Newgate Prison, where as they tould me, I should neither have a possibility to speake with her or any other, which I bid them do if they durst, telling them that would be the onely way to get me my liberty; for I had some friends abrode that would then I did believe, to the purpose bestir themselves to preserve my life, which they would easily judge was then &illegible; in good earnest to be taken away by them, and therefore if any mischiefe followed they might thanke themselves, upon which they forbore executing their bitter menacies and &illegible; any further upon me.

But I beseech you further be pleased to observe the Lords guilty consciences, and their brave justice, who the most part of this time while they keepe me (thus close) (that it was absolutely impossible for me to know what they intended to do with me) they had as I am informed, 4. Lawyers at worke to frame a charge against me, viz. Mr. Serjeant Finch. Mr. Haile, Mr. Hearne, and Mr. Glover, and upon the 10. of July 1646. and not before, Mr. Serjeant Nathaniel Finch, brought in certaine Articles, by way of charge into the House of Peers against me; which you Mr. Martin have in your hand, and therefore I humbly desire they may be read; which was done.

Now Sir, before you read the sentence, I humbly intreat this Honourable Committee to give me leave to make some observation upon the charge, the first of which, that I intreate you to take notice of is, that betwixt the day of my being first summoned to answer a charge at the Lords barre, and the day that it was first brought in, or filed upon record there against me, is above 29. dayes, I being summoned the 10. of Iune 1646. and the Charge not brought in till the 10. of Iuly 1646, which is a most illegall and unjust thing in any Court whatsoever.

2. I &illegible; you observe that almost all, and the principall things layd to my charge, are pretended crimes committed, not before my being brought to their barre to answer a Charge, but afterwards, namely in the time of an unjust and provokeing imprisonment: and therefore a great injustice it is, as any can be in the world, to force a man to dance attendance at their Barre, to answer a Charge, before they have filed one against him, or have so much as the pretence of a crime to lay to his charge, and then arbitrarily and illegally to commit a man to a tyrannicall imprisonment, there by extraordinary provocations, to necessitate and force a man as it were, to commit slips and fallings, that thereby they may pick a hole in his coate, because they had none before, and then fall upon him, and destroy him: and this, in every particuler hath been the Lords dealing with me, which I humbly conceive to be the height of tyranny and injustice. Now Mr. Martin, I humbly intreate you to read the sentence, for upon the 10. Iuly, there issued out an order to bring me up againe to their barre, the next day, to heare my Charge read: which was accordingly put in execution.

Now Sir, you having read the sentence, I shall humbly crave leave, first, to make some observations upon it, and then secondly, to go on methodically with the matter of fact.

And first, I beseech you observe that the 10. Iune 1646. I was summoned to attend their Lordships in their House: and the 11. Iune 1646. I there appeared, and was then committed by them to Newgate: the 16. of the same moneth, I appealed to the Right Honourable the House of Commons as my legall and proper Iudges, who accepted, read, approved, and committed my appeale to a speciall Committee, and yet notwithstanding the 22. of the same moneth, the Lords command the Keeper of Newgate to bring me up to their barre, and there upon the 23. day I was committed close prisonet to Newgate, till the 10. Iuly 1646. at which time my Charge was brought into the Lords House and not before, which was a moneth after the first processe, or warrant issued out for me. All which proceedings (besides their not having any legall Iudicature at all over mee) are erroneous and illegall, and principally in these two points.

First, because I was summoned, before any Charge was recorded, which proceedings are point blanke against the expresse Statutes of 9. H. 3. 29. 5. E. 3. 9. 25. E. 3. 4. 28. E. 3. 3. which expresly say, that none shall be imprisoned nor put out of his free hold, nor of his franchises, nor free customs, unlesse it be by the law of the Land, which is, that none shall be taken by Petition or suggestion made to our Lord the King, or to his Councel, unlesse it be by inditement or presentment of his good and lawfull people of the same neighbourhood, where such deeds be done; in due manner; or by processe made by Writ originall at the common law, &c. which Statutes are confirmed by the petition of Right, and by the Statute for abolishing the Star-Chamber made this present Parliament.

And indeed, regularly, both in law and equity, the Declaration or bill ought to be filed or recorded, before any writ or processe ought to issue against the defendant, or party accused, either in civill or criminall causes; and the write, warrant, or processe ought to containe the matter of the declaration, bill, or petition: and this appeares cleerly in every writ (as the learned in the law informe me) set forth by the Register, and Fitzherberts natura brevium: and that every English bill either in Chancery, Exchequer, or Star-Chamber, doth pray, that processe of sub-pena be awarded against the defendant, which proves, that &illegible; orders or Warrants, ought not to be awarded or granted, against any man out of any Court of Justice whatever, till his charge be recorded against him in the same Court; and sutable to this is your own doctrine, in your own Declarations, Booke Decl. page 38, 39, 278, 845.

Secondly, I beseech you observe, that all the Lords proceedings with me, after my appeale to the honourable house of Commons, are void in Law; because, by my appeale to the proper Jurisdiction, which is only your House, the Lords are &illegible; of their Jurisdiction, or conusans of the plea, the cause being removed by the Appeale, their judgment was thereby determined, or at least suspended, being but the effect of the cause before them, till such time as the Appeal is determined; the Appeal being a supersedas to the Lords further proceeding in the same cause, and they ought not to have proceeded any further at all; but to give them as much as by any just colour or claime they can challenge, they ought not any further to have gone on, without the privity, licence, and direction of the honourable house of Commons: and therefore, all their proceedings with me, especially, since my Appeal to your honourable house, are coram non judice, and therefore void and erroneous. And I further conceive, under favour, that the Lords proceedings with me, after your House had accepted of my Appeal, is as great an affront and indignity offered to the majesty, honour, and greatnesse of your house (the absolute supream derivative power of all the Commons of England, the original and absolute fountain of all power therein) as their proceedings are unjust towards me, & destructive to the lawes and liberties of England.

Again, I beseech you observe, that in their Articles, the originall and chief supposed crime that they charge me with, is, for scandalizing the Earl of Manchester, a Peer, as they call him, of the Kingdome.

Now may it please you, to take notice, that I say, if his conscience had not been guilty, & told him, that it was possible, I might justly and groundedly have proved much more against him, then I lay to his charge in my printed Epistle to Judge Reeve, &c. hee would never have &illegible; and avoided the known law of the Kingdome, which sufficiently proves a remedy for him, in case I had scandalized him: as appeares by the &illegible; of 3. E. 1, 33. 37. E. 3. &illegible; 38. E. 3. 9. 42, E. 3. 3. 2. R. 2. 5. 12. R. 2. 11. 17. R. 2. 16. which expresly command, that if any man scandalize any of the great men of the kingdome he shall be taken, and kept in custody, or put in security, till he prove what he saith; and in case he cannot; then he shall incur the same pain that the other should have had, if he were attainted: and that &illegible; of the law he made against them without being taken and imprisoned against the great Charter, and other statutes; but his leaving the common common and just road of the kingdom, that sufficiently provides for his reparation, if innocent, argues his knowledge of his owne guilt, or else he would never have betaken himself to an extraordinary meanes (and especially in such a place where himself is chiefe Judge in his own cause) and there against me by a kind of a legislative and unlimitted power of Judicature, which is not in them (especially singly) neither can they (take them in the highest capacity that ever law estated them in) proceed to determine any thing out of the way of the known and established lawes, by any arbitrary, or discretionary Rules, when there is a known law in the case. And I am sure it is a received Maxime in law, That where remedy may be had by an ordinary course in Law; the party grieved shall never have his recourse to extraordinaries.

And Sir, under favour, to speak truly, the Parliament properly are not (nor ought not) to meddle with causes betwixt party & party that are decideable at common-law, they being the supream Judicature of the Kingdome and the last refuge to appeale to, by the people, in case of injustice else-where, and so may properly be called Judge of Judges, rather then Judge of particular parties and causes.

My last observation upon the sentence, that I shall humbly entreat you to take notice of, is this;

That although by the 14, Chap. of Magna Charta, it is declared that a free-man shall not be amerced or fined for a small fault; but after the manner of the fault, and for a great fault after the greatnesse thereof, saving to him his contenement or countenance, and a merchant likewise saving to him his Merchandize. And any other villain then the Kings shall be likewise amerced, saving his wainage or teame, and none of the said amerciament, shall be assessed, but by the oath of honest and lawfull men of the &illegible;

But I beseech you observe, the Lords had no oath of any honest man what ever, against me, nor one word of my own confession of any guiltinesse of any crime whatsoever, but a constant resolution manifested to maintain the lawes and liberties of the kingdome against their usurpations; for which just, honest, and legall action, and for no other, they unrighteously, unjustly, and barbarously sentenced me, not saving to me my contenement or countenance, or leaving me some reasonable proportion after their Fines, or Amercement to live upon, in the quality or condition I had done before; but they amerced or find me at four thousand pounds, which is divers thousands of pounds more then either I am worth, or ever was in my life.

Now I beseech this honourable Committee to observe, that by this sentence, the unrighteous & cruell Lords have done as much as in them lyes, every hour of time to put me into such a condition; that I shall be liable to have all the estate that I have in the world taken from me, to satisfie this unjust Fine, and so leave nothing for me, my wife, and small children, to live upon; nay, and that which is worse then all this, the greatnesse of the Fine is much more then I can satisfie; So that in case all that little that I have, should be seized upon; yet there is such abundance would remain behind, which would rob me of all credit whatsoever: for, who will be so unwise, as to lend a man money that is thousands of pounds worse then nothing which is my case by this Fine: But yet this is not at all; for they commit me for 7. years (the age of a man in the eye of the Law) a prisoner to the extraordinary chargeable Prison of the Tower, where I cannot earn one &illegible; nor, it being no through-fare; for me to beg a penny to live upon.

Now, Sir, laying all these things together, I beseech you consider, whether in the intention of the Lords, I be not exposed to miseries and torments, worse then death it selfe: for either by their intentions, I must perish by hunger and famine, or else be forced to eat my wife and children, or any other that I can over-come; and what is this? but the height of tyranny and cruelty, and a torment worse then any death in the world; for, saith Jerem. in his Lamentations, Better is he that dyes by the sword, then he that dyes by famine; and he gives the reason; because, there is a speedy end of the pain of him that dyes by the sword; but he that dyes by hunger and famine, pines away, and is in a continuall torment, alwayes dying, and wishing, and longing for death. And undoubtedly, Sir, this is my condition, by the intention of the Lords.

Now Sir, having with your patience, made these obseruations, I humbly desire to goe on with the matter of fact:

Which is, that upon the tenth of July, when Serjeant Finch brought in my Charge into the House of Peeres, they that day made an Order to command the Sheriffs of London, the next day to bring me up to their Bar, to hear my Charge: The copy of which warrant I have not, in regard the Sheriffe (contrary to law) refused to give it me, although I sent to him to desire it: and I having formerly told the Jaylors of Newgate, I could not, nor would not, go up to the Lords Bar, by vertue of their own Wariãr, without a forcible compulsion; The Sheriffes sent about 30. or 40. of the attenders upon the Hangman, when he goes to doe execution at Tiburn, to carry me up to the Lords Bar. And being in the Painted chamber, I desired Mr. Brisco, one of my Keepers and Tormenters, to to goe and tell the Lords from me, that seeing they had the impudency and boldnesse to tread the Lawes and Liberties of England under their feet, and did so contemne and under-value the authority of the Honorable House of Commons, to whom I had appealed, as yet to goe on in their illegall courses with mee, with whom by Law they had nothing to doe; I must bee forced in the highest nature I could, to contemne and despise their proceedings; and therefore was resolved not to come to their Bar, without a forcible compulsion, and to come in with my hat upon my head, and to stop my eares when they read my Charge, in detestation, and bearing witnesse against their usurpations and injustice. So away hee went: But I was compeld in; and being brought up to the Bar, I was commanded to kneele: which I absolutely refused. And then my Lord of Manchester (my grand adversary, who hath for these two or three yeares thirsted after my blood, for no other crime but that I was faithfull and active in executing the trust reposed in me, for the good of the Parliament and Kingdom; he (I say) as speaker of the House of Lords, commanded the Clerk to read me my Charge; which he began to do. At which I stopped my eares with my fingers, till such time as I perceived the Clerks lips to leave moving. Whereupon I was commanded to with-draw: and after some distance of time, I was called in again, and was again commanded to kneele; but I told them, My Lords, you may save your selves the expence of your breath, for I shall not kneele without compulsion. And then my Lord of Manchester told me, that I by my contumacie deprived my self of much benefit that I might make unto my self by examining witnesses upõ crosse Interrogatories, for the evading the charge. So I desired liberty to speak: which was granted, and I said, “My Lords, I do much wonder at your Lordships proceedings with me, that you should, (contrary to the ancient and fundamentall lawes of this kingdome) send for me to answer a charge at your Bar, before you have any fil’d against me; and then when I come up to your Bar, presse and endeavour to force me, contrary to law, honesty, and justice, to answer to inquisition-nterrogatories, and so to ensnare my selfe, when you have no crime to lay unto my charge. My Lords, what is this else, but to build up what but the other day you destroyed? For did you not here in a full House, the 15. day of February last, in this very case, decree; adjudge, and determine, that my sentence in the Star-chamber, and all the proceedings thereupon, shall forthwith be for ever totally vacuated, obliterated, and taken off the File in all Courts where they are yet remaining, as illegall, and most unjust, against the liberty of the Subject, and law of the Land, and Magna Charta, and unfit to continue upon Record? &c.

“And did you not order and adjudge me, to receive of some of the Judges, &c. of that sentence, 2000. l. for my reparation? But my Lords, I am very sure, that if you your selves, compare your proceedings against me, with the proceedings of the Star-chamber, you will find yours to be in every particular, as illegall and unjust, as theirs: and therefore, I much wonder, you do not blush at your present dealing with me.

Besides, my Lords, it is very strange to me that the Law of England, should be so plain and perspicuous, to tell you, that you in such Cases as mine is, have no legall jurisdiction at all over me, or the meanest Commoner in England, and that yet notwithstanding, you should, contrary to your duty, Oathes and Covenants, usurp & chalenge a jurisdiction over us so. My Lords, when I was first at this Bar, I under my hand and Seale, deliuered in &illegible; protest against you as usurpers & incrochers, upon the Rights and Libertyes of all the Commons of England, which you received & read: and I also appealed from you, as unrighteous Judges to my Legal, and Proper Judges, the Commons of England assembled in Parliament, and upon the 16. of June last, I sent my petition, by way of appeal to the Honorable House of Commons, with a copy of my Protest against you, anexed to it, which they received, read, approued of, and Committed to a speciall Committee, who sat upon it, and as I understand, Passed a vote or votes in justification of the Legalitie of my Procedings with you, and have promised me Justice in &illegible; now, my Lords, I here againe at your open Barr before You all, as in the fight of and Presence of God, protest against you againe, and all your proceedings with me, as unjust, unrighteous and illegal: and declare unto you all, that to my said Protest and appeale to the honorable House of Commons, I will sticke to, so long as I have a life and a being,

And my Lords, I &illegible; on to your faces, that by Right, they are your Judges as well as mine in this case: & I do not doubt, but to liue to see the day that they will make you to knowe, whether you will or no that they are so, and of their Justice, and protection, I do not in the least; doubt: And therefore, my Lords, seeing you have dealt so illegally and tyrannically with mee, as you have done; I now bid defiance to your power and malice, to do the &illegible; you can.

For, my Lords, are not you the men that have been principal instruments to engage this Kingdom in a bloudy War, to maintain their lawes and liberties? and have &illegible; you all often sworn and covenanted so to do? But, my Lords, it seemes to me, you nothing at all value your &illegible; nor engagements: and therefore, my Lords, if you were in jeast, when you did all this, and never intended, what you declared, but meerly set us a fighting, to &illegible; and dismount our old Riders & tyrants, that so you might get up and ride us in their steads: But I doe professe and assure your Lordships, that I for my part was in good sober and sad earnest, and never drew my sword in these warres, but principally for my liberties and freedomes, and the lawes of the land: & in the field I did adventure my life freely & resolutely, like a man of &illegible; and courage, as it is well known to some of your selves: And I now look for, and expect the enjoyment of &illegible; for which I fought by your meanes and iustigation. And therefore, my Lords, I protest here before the God of heaven and earth, if you shall be so unworthy as to persevere in endeavouring the destruction of the fundamentall Lawes and Liberties of England, as at present you doe; I will venture my life and heart-blood against you to oppose you, with as much zeale and courage as ever I did any of the Kings party, that you set us together by the eares with.

And having concluded, I was commanded to heare my Charge read: But I told them, they had no judicature at all over me, neither would I in the least doe any thing that should declare my subjection to their power, although I should presently be destroyed for my refusall. But my Lords, sayd I, that you may know that my conscience doth not accuse me of any guilt for doing any illegall or dishonorable action against my countrey or the Lawes thereof, or you, or any of you that wisheth it well; I will wave my appeal to the House of Commons, if you wil cease your proceedings here: and I will answer any of you, or all of you, according to Law; in any Court of Justice in Westminster-Hall, or any other Court in England, that hath a Legall jurisdiction over me. But the Clerk was commanded to read the Charge quite through: and I stopped my eares till he had done. And then the Speaker asked me, what I said to my Charge? I told him, I heard it not (neither indeed did,) neither had they any legall power there to exhibit, try, or adjudge a Charge against me: And therefore I again appealed from them; teiling them, I did not in the least, value the worst they could doe to me: for I would lose my life before I would betray or part with my fundamental liberties; either to them, or any one in England.

So I was commanded to with-draw: and being out above an houre, I was the third time called in, and commanded again to kneele; which I absolutely refused to doe. And then I was told by the Earl of Manchester, what misery and destruction my obstinacy and contemptuous carriage, had, and would bring upon me. I told him, I weighed not their malice, nor craved their favour: So he read my sentence, which I heard: and when he had done; with a smiling and merry countenance, I thanked his Lordship for his boon: but I desired him to take notice of it, that I valued their sentence no more then that I had in the Star-Chamber, it being in every particular as illegall as that: nay more, for the Star-chamber had a legall jurisdiction over me, which their Lordships in their House have not: so I was commanded to withdraw.

And being by a new Warrant that day brought to the Lieutenant of the Tower of London (the Copy of which, you Mr. Martin have in your hands; it being one of the three you had from the Lieutenant the other day) my brother Major Henry Lilburn, Lieu. Col. Wetton, and my wife being with me, I told the Lieutenant of the Tower, that my spirit was a little refreshed, for all my great & heavy sentence, and my commitment to so chargeable a prison, as I understood the Tower to be, in regard I was freed from my close and cruell imprisonment, and now should enjoy the society of my wife and friends, but he told me I was mistaken: Why Sir, said I, my Warrant doth not command you to keep me close prisoner; it only injoyns you to keep me in safe custody, and that you take care, that I neither contrive, publish, or spread any seditious or libellous Pamphlet against both, or either Houses of Parliament. Well! saith he, I cannot do that, unlesse I keep both your wife, & your friends from you; aswell you might say, that you cannot perform my order, unlesse you lock me up in a Dungeon, where I shall neither see light, nor enjoy candle, or fire; for it is impossible in a manner, to keep a man from writing, where he hath light, who by one meanes or other, will come by Pen, Ink, and Paper.

And truly Sir, it was a wonder to me, to hear the Lieutenants hard and cruell interpretation of my order, and perceiving my wife to be much troubled at his words, it took a deep impression upon my spirit, and made me go below my accustomed principles of Resolution; in regard of that indearednesse of affection, that was betwixt my wife and my self, which made me say to him: Sir, my wife is all the earthly comfort that now in this world I have left unto me, and she is that meet help, that the wife God of Heaven & Earth, from the beginning hath instituted and ordained for me, frail & weak man, in my pilgrimage and vally of teares here below: and Sir, if such a helpe had not been requisite for poor man; without which, he could not have had a comfortable being in his earthly being; God would never have ordained it, and commanded man to forsake Father and Mother, to live with his wife, as one flesh.

And truly Sir, I must tell you, God hath so knit in affection, the hearts and soules of we and my wife, and made us so willing to help to bear one another: burdens, that I professe, as in the fight of God, I had rather you should immediately beat ont my braines, then deprive me of the society of my wife.

And therefore, for your indempnity; before these my friends, I will make you a faire proffer, That if you judge, that I have either faith or truth in me, I will ingage my word and promise unto you, that as I am a Christian, a Gentleman, and a Souldier, I will neither write a line, nor read a line written; conditionally, that you, according to Justice, and the known Lawes of this Kingdoms, permits me to enjoy the society of my wife, and friends.

But the hard-hearted Lieutenant, like a man that took delight to adde sorrow, to the afflictions of the too much afflicted, would not embrace my proffer, which I would not have broken or violated, for all the gold in England; but strictly gave command to my keeper, that neither my wife, nor any other friend should speake with me, but in his presence and hearing; which he being here present, is able to testifie unto you: and then the Lieutenant went to the Lords, and prevailed with them to make an Order to bear him out, in what he had illegally and unwarrantably done, and executed upon me, of his own head, for 5 dayes: which order, you Mr. Martin have also in your hands: So that by the Lieutenants meanes I was divorced from my wife, till the 16. day of September following: Upon which day, the Lords of their own accord, without my desiring of them (who was resolved in this case never to sue for a farthings-worth of courtesie) made an Order, again to marry me to my wife, as by the Copy of it in your hands will appear. And besides all this, he set and ordered his Warders at the &illegible; most illegally to take the names and places of habitations of all my friends that came to see met, on set purpose as I may justly conceive, no affright and scare all away from coming to visit me; yea, and besides the taking of their names, some of his Warders did extraordinarily abuse both me and many of those that came to visit me, & denied admittance, and turned away scores of my friends, as I can easily prove: All which cruelties, and inhumanities offered to me and my friends; I may, and so do; set upon the Lieutenants own score: for I often complained to him of them; and the best remedy I could have, was nothing but a laugh from him at it: So that truly, Gentlemen, I do professe unto you, that the hard and barbarous usage that I have had from the Lords, and their Jaylors, (in the number of which, I reckon Col. Francis-West, the present Lieutenant of the Tower, who for all his title, is no more nor no otherwise to me then a Jaylor) to be worse then death it selfe; which I seriously professe unto you, I should rather embrace, then the like usage for so long time again.

And therefore, give me leave to say unto you in this particular, as I said unto my Lord Heath at Oxford, when I was arraigned before him for my life, for drawing my sword for your defence in the kingdomes; when he pressed me to plead unto my indictment. My Lord, said I, amend those things in it that are amisse, and give me, according to the custome of the Kingdome, my right and due; and I shall with all readinesse plead unto it, professing unto your Lordship, that the cruelties that I have endured by Irons, &c, in Oxford Castle, by the in humane Marshall Smith, are such, & so great, that I had rather chuse this night to set my back against a wall, and be shot with 20. Musquetiers, then to indure the constant bitternesse of those tormenting sorrowes, that I do, and have under-gone by Marshall Smith, since my captivity under him: and the same I do professe now unto this Committee.

Therefore, I humbly beseech, and most earnestly intreat you, not to delay me in my report to your House, but to do it speedily for me; that so I may know what to trust to, and may not by you, from whom I may justly seek Justice, as my right and due (and not as a boon) be delayed any longer, having bin already long enough delayed; it being almost five moneths since I first made my Appeal unto you.

For truly, I must plainly and ingenuously tell you, were not the &illegible; of strength, and assistance from God; the more, &illegible; &illegible; would be insupportable, and not any longer with &illegible; to be stoop’t unto by me: for it cannot but be known to divers of you, that for almost this ten yeares together, I have never been free from the lashes and destroyings of the Grand Prerogative-men of this kingdome, that have ruled and governed by no other law, then that of their own will; and yet to this day never received a penny by way of reparation, for all the wrongs and injuries that I from them have sustained; although I have spent divers hundreds of of pounds in indeavouring the procurement of it: and my reparations for my sufferings at the hands of the Star-Chamber Judges sticks in your house at this very day; which I humbly intreat thi’ honourable Committee, when this my businesse is reported to the house, to put them in mind of; and besides, my late extraordinary expences, and my shortnesse of pay for my faithfull and successfull service with my grand adversary the Earle of Manchester, and the present extraordinary chargeablenesse of my imprisonment in the Tower, &c. renders my condition an extraordinary object of your present reliefe: For although I have not paid all the great summes demanded as fees in that place; yet because I have found civility, and humanity from my Keeper, for my own accommodation and ease-take; I have weekly been (I think) very liberall unto him, I am sure beyond my present ability; besides the charge of my own diet and family, &c. which I hope, that when your Honorable House hath adjudged my cause, (which I am confident according to law cannot goe amisse with me) and thereby given me ground to present them with my bill of charges; they will not onely cause the Lords to pay it me again; but also ample reparations for my hard and unjust sufferings: without which, although you evacuate the sentence, and set my person at liberty, I shall think that I scarce have justice to the half, having but meerly the shell without the kirnell. But if the greatnesse of the Lords, by reason of the distractions of the present times, shal stick in my way as an hinderance therof; give me leave humbly to tell you, that the Commons of England are bound by you in a Protestation, to maintain their liberties, and to stand to all those that defend them; yea, and to bring those that endeavour their destruction, to condigne punishment. In which regard I am resolved by the strength of God, in a just and legal way, with all earnestnesse to desire, through City and Countrey, the joynt assistance of all in England, that are not willing to be slaves, to joyn with mee in a grand petition to your House, for the obtaining of my just and honest desires against the Lords. And truly, Sir, I must venture life and all that I have upon it. For can it appeare just to you, that the Lords should cry out against the King, their Lord and Master, for injustice and cruelty; yea, and draw their swords against him, and yet be more unjust themselves? As to goe no further then my very case: for sure I am, it was the Kings constant custome to provide diet, lodging, and pay the fees of all those he committed to the Tower: but the Lords for no cause in law at all, have committed me thither, and put me upon it, to pay all the vast extravagancies there for fees, &c. yea, and that for tormenting and destroying me. Surely, Sir, they will never be so unjust, but when they know, it is demanded as a just and legall right; but largely in good currant coyn to repay me: the which, if they be so unjust as to refuse, I hope you will be so just and true to your trust, according to that sufficient power and authority that is in you to compell them.

And, Sir, I humbly crave reparations from all their instruments, that with, and upon, me have out-stript the bounds of the Law, in executing their meere malicious wills upon me. And, under facour, I am very confident, the Lieutenant of the Tower will bee found guilty in this particular; which I have the more ground to presse upon him, then the Jaylors of Newgate: For, to bee hardly and inhumanly dealt withall from such bloody men as they are commonly reported to be, is no wonder; but to receive the like measure, nay and worse, from the hands of Col. Francis West, my fellow-citizen, (who out-stript his orders) a man who hath been in the field with his sword in his hand, pretending to adventure his life for the preservation of the lawes and liberties of England; is that that amazeth me, that he should so farre forget himselfe, as so furiously to fall upon me, to torment, undoe, and destroy me, for no other cause, but for being true to my principles, and the generall and publick interest of the Kingdome, in standing for the Lawes and Liberties thereof, against those that would destroy them; and which action renders him to me, to be one of the unworthiest of the sonnes of men; especially of those that would bee reputed to have the principles of an honest man in him.

Now Sir, to conclude all, having sufficiently intrenched upon your patience; I make my most humble sute unto this honourable Committee, That when you make my Report unto the house, seeing as you tell me, you are principally to report matter of Fact, & not matter of law, in point of the Lords Jurisdiction; by means of which, it may be, in your house many Objections may be raised against me, for my carriage and expressions before the Lords: I therefore humbly intreat you to acquaint the house, That it is my most humble desire unto them, that seeing this businesse is of so great concernment, not only to me, but also to your selves, yea, and to the whole Kingdome; that I may have that honour and justice, to be called to their Bar, and there have a faire, open, and publique hearing, according to Law and Justice; and I doubt not, but by my self singly, by law and unquestionable authority, against all the Procters the Lords can fee in England, to plead for them; to make it cleer as the Sun that shines at Noon-day; that the Lords have no jurisdiction at all over me, in the case now in controversie betwixt us, and that my carriage and expressions before them, was, but the cordiall demonstrations of a sound and single-harted man, who knowes himself bound in duty and conscience, to God, himself, and his country, to the utmost of my endeavours, to defend, and maintain his Rights and Liberties, which is as justifiable by the Law of this Kingdome, and in the eyes of all understanding men; as for a true and just man, to draw his sword, and to cut a Theese or Rogue that sets upon him upon the high-way, on purpose to rob him of his life and goods.

And if after such a hearing before your honourable house, it shall appear to their judgments and understandings, that I have wronged the Lords in generall, or the Earl of Manchester, or Col. King in particular; (which two are the principall causes of all my present trouble, and against whom, are two Grand charges in your house; as I judge them of no lesse then high treason commitmitted against the Kingdom; which as I humbly conceive, the justice of the Kingdom requires should come to a finall determination) I shall with all willingnesse and cheerfulnesse submit to what punishment shall be just for them to inflict upon me; and I hope that by this faire offer, you will be provoked with the strength of resolution, to deal impartially betwixt the Lords and me, & without fear, punish those where the just fault is, especially, considering that you, in your most excellent Declaration of the 17. April 1646 published by you to the view of the whole kingdome, have solemnly declared, That you will preserve the Rights and Liberties of the people, and abolish the exercise of arbitrary power, and so provide for the safety and weal of the people; which is (as you say) the end of the primitive institution of all government. And therefore, in the behalf of my self, and all the Commons of England, I most humbly beseech, and entreat his thonourable Committee, to improve all the interest you have in the house of Commons, to make good unto us this their own just and honest Declaration.

I beseech you heare me but one word more, which I intreat you well to observe; that the Lords have joyned with you in severall Declarations; in which the Kings Oath is printed, which I read in the Book Decl. pag. 268. 713. 714, where you and they declare positively, and back it with many strong arguments; That the King by his Coronation-Oath, is bound to passe such lawes, as his people shall chuse: and if so; then he hath no power in him to give a law unto the people, or impose a law upon them: much lesse can hee give a power to the Lords (his meer creatures made by his will & pleasure) for them to oppose or give a Law unto the people: and I am sure, if they have a legislative power in them, to do what they please, and so by the authority of that, presumed to do with mee, as they did I am sure, by the established Law of the Kingdom, they have no power at all, not in the least to do with me as they have done.

And therefore, I humbly entreat you, to presse home unto your House, the Lords usurpations and incroachments upon our common rights, that so they may effectually curbe them, as in Justice they ought. For Sir, that which addes sorrow to all my sorrowes, is this, that I suffer all these inhumanities and illegall usages, during the time of the sitting of to free Parliament. (and yet can have no effectuall redresse in five moneths time, though earnestly sought for.) Alas Sir, the Parliament &illegible; the English-mans legall last refuge; and it that taile us (to speak as men) we are undone; unlesse God set his power at work, to work miracles, and raise up meanes for our preservation. And Sir, if the Lords dare thus tyrannize over the free Commons of England in time of Parliament, (that used to be the fear and dread of Offendors) what is it, that they will not do unto us out of a Parliament? Therefore, again I most earnestly beseech this honourable Committee, to remember them, and improve all your interest to punish, or at least effectually to curbe them: for which, as well, as for your present patience, in hearing me so largely, I shall both now (as well as formerly) remain oblieged to improve my best and utmost ability, for the preservation of the just, supreame interest, power, and authority of your honourable House.

Esa. 48. 10. Behold, I have refined thee, but not with silver; I have chosen thee in the fulnesse of affliction.

Job. 23. 10. When he hath tryed me, I shall come forth as gold.

Novemb. the 9. 1646.

John Lilburn.

Reader, thou art requested to take notice of two faults committed in the printing of this Booke, the first, in page 2. line 1. left out [and also what passed betwixt my L. Wharton and my self] the 2. in. p. 5. l. 26. Where thou shalt find these words [a Commitment lawful, viz.] to be in the 28. line, which ought to be placed at the end of the 26. line, as thou mayst easily perceive. For other faults (if thou meet with any) impute them not unto the Authour, who could not be as the correcting hereof; but in love to him, amend them. Vale.

FINIS.


T.82 (3.21) John Lilburne, Vox Plebis, or The Peoples Out-cry Against Oppression, Injustice, and Tyranny (19 November, 1646).

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ID Number

T.82 [1646.11.19] (3.21) John Lilburne, Vox Plebis, or The Peoples Out-cry Against Oppression, Injustice, and Tyranny (19 November, 1646).

Full title

John Lilburne, Vox Plebis, or The Peoples Out-cry Against Oppression, Injustice, and Tyranny. Wherein the Liberty of the Subjects is asserted, Magna Charta briefly but pithily expounded. Lieutenant Colonell Lilburnes Sentenced published and refuted. Committees arraigned, Gaolers condemned, and remedies provided.

ISAI. 10.1.2.
Woe unto them that decree unrighteous Decrees, and that write grievousness which they have prescribed:
To turn away the needy from judgement, and to take away the right from the poore of my people, that Widowes may be their prey, and that they may rob the Fatherlesse.
JER. 22.15.16.17.
Shalt thou reign, because thou closest thy selfe in Cedar? Did not thy Father eat and drinke, and doe judgement and justice, and then it was well with him?
He judged the cause of the poore and needy, then it was well with him: Was not this to know me, saith the Lord?
But thine eyes and thine heart are not, but for thy covetousnesse, and for to shed inocent blood, and for oppression and violence to doe it.

London printed 1646, in the sitting of Parliament, during which time the presses ought to be free and open, as the Parliament declared to the Bishops at the beginning thereof.

The pamphlet contains the following parts:

  1. Vox Plebis
  2. Articles against Lilburne
  3. Sentence 10 July, 1646
  4. The Publisher to the Reader
Estimated date of publication

19 November, 1646.

Thomason Tracts Catalog information

TT1, p. 475; E. 362. (20.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

ALL States in the beginning are venerable: That Republique which would keep it selfe from ruine, is above all other things to keep their Religion uncorrupted, and their Lawes from violation, for as true Religion is the tie of the Conscience to obedience and observation of just Lawes (especially such as have their foundation in Divine Authority;) So are good Lawes the civill sanctions or sinewes of a Common-wealth, that bind the members thereof together, by the execution of justice and piety, in a perpetuall bond of peace and tranquillity. So that if either Religion be neglected, or the Lawes violated; the ruine of that Common-wealth must needs be neere, where such defects are found. But where Religion is held in due reverence, and the ancient Lawes of that Common-wealth are inviolably kept; the Governors of such a State, shall easily keep their Common-wealth religious; and consequently, virtuous, and united. Now there is no better way to make the Subjects of a State good, and to incline them to virtue; then that those that sit at the Helm of that State, and have the government thereof, should hold forth cleare examples of piety and justice, in their own lives and actions, to the people under their government; especially in the administration of Lawes. For as hunger and poverty make men laborious; so Lawes duly administred, make them good: and good examples proceed from good education; and good education, from the due observance of setled Lawes. Of all humane Lawes, there is none more fit to be observed, then those that concern our Lives and Liberties. For those that concern our Lives, they are most carefully, & with the greatest piety and circumspection, to be executed: since if our lives bee taken away by injustice, death being ultimum supplicium, the last punishment in this world; our injuries are remedilesse and irrecoverable. Therefore we may irrefragably conclude, That Governours of a State ought to be very wary in judging of matters of life, and not in one tittle to deviate or depart from the known Lawes of the Land, lest by committing of irrepairable wrongs upon the persons of their innocent subjects; they draw Gods irreconcileable vengeance upon themselves, in that day when he shall visit the Judges of the earth, and make inquisition for the blood of his people, spilt by injustice, violence, and oppression: which hee will surely doe, according to his own everlasting promise, and eternall decree, to be executed upon all States to the end of the world: And as he did execute it upon Ahab, and his posterity, and upon Jezebel his wife, for the unjust taking away of the blood of Naboth, as you may read, 1 Kings 21. chap. 2 Kings 9. chap. concerning Jehoram and Iezebel: and in divers other instances evidenced unto us by the holy Scriptures. That which Samuel said unto Agag, King of the Amalekites, As thy sword hath made other women childlesse; so shall thy mother be childlesse among other women; hath a perpetuall morall use in Gods justice. For we may finde a thousand examples where those Princes, or States, which have sold the blood of their people at a low rate; have made but the market for their enemies to buy of theirs at the same price. For it was never yet seen, that those that dipt their hands in innocent blood, went dry to their graves; the blood that is unjustly spilt being not again gathered up from the ground by repetance. These medicines ministred to the dead, have but dead rewards. Now as the Lawes concerning life, or proceedings therein, ought not to be Arbitrary; much more concerning liberty. For that the laws that concern the liberty of the subject, in respect of their object, which is the whole body of the people, are far more large then those which concern life: which lawes are onely relative to offenders, and guilty persons, and not directly to the whole people; and therefore with the more tender regard to the subject, to be executed. Wherefore all manner of proceedings whatsoever, which are Arbitrary, and that tend to the taking away of our liberty, are most dangerous & destructive to the State where such are put in execution. For Governours of Common-wealths ought to know this, That at the same instant they begin to break the Lawes, and to execute an Arbitrary power upon the peoples liberties; at that very instant they begin to lose their State. For by so doing, the Governours draw the Odium of the people upon them: and incite the people to find out and invent wayes unusuall, and of innovation, to free themselves from their oppressors, and the execution of such tyrannicall power. It is a most sure Rule in State policy, That all the Lawes that are made in favour of liberty, spring first from the disagreement of the people with their Governours. Whosoever therefore sits at the Helme of a State, bee it either a Common-wealth, or Principality; should consider before they execute any Arbitrary power upon the peoples liberties, what contrary times, by the ill effects of it, may come upon them; and what men in their troubles they may stand in need of: and therefore should live with them alwayes in such manner, that upon any accident chancing; they may find them ready and willing to serve their occasions. For in a Common-wealth well governed, it is to be desired, That nothing should chance, which may call in the use of extraordinary courses. For though an extraordinary way, in some particular case, doe good; yet the example proves of ill consequence, and will stirre the peoples minds to Jealousie and Commotions; especially when it concernes the publique liberty, and with that deep impression, that having once freed themselves from the oppression of their Governours; it commonly falls out, that the State determines with the lives of the Governours. For the people bite more fiercely after they have recovered their liberty, then while they have continually maintained it: And having once gotten possession of their ancient rights, they will watch them so carefully, and with such strength and vigour, as that they will hardly be surprized again, or their rights any more wrested from them. As it fell out in the case of the Romane State, when the Romanes having freed themselves of the government of the Tarquins their hereditary Kings; the Nobility began to take upon the the rule of the people: & by the exercise of the like or greater tyrany then the Tarquins had done; the people being inforced by a necessity of their preservations; created Tribunes, as Guardians of the publick liberty, whereby the insolence and Arbitrary power of the Nobilty, was restrained, and the people re-estated in their ancient liberty: which continued inviolable to them for the space of 800. yeares (after 300. yeares oppression of the Nobility,) to the great honour and renown of their Nation, and exceding enlargement of their Common-wealth. Now as concerning the liberty which the people of this Common-wealth doe, and of right both divine and humane, ought to challenge; it consists of these particulars following, Liberty of conscience in matters of Faith, and Divine worship; Liberty of the Person, and liberty of Estate: which consists properly in the propriety of their goods, and a disposing power of their possessions. As touching liberty of Conscience, it is due of Divine right to the people of God; since that the conscience is a Divine impression, or illumination, in the soule of man, which God instills into the heart by faith, whereby man is instructed to worship him in Spirit and Truth: and it is (as it were) the ingraven Character of the mind & wil of God in the soul of man; not passive, nor consisting of bodily substance: therefore it is not to bee constrained, or inforced to submit to any other rule, then what the Creator, by his revealed will, according to the Scriptures, hath imprinted in it: And for that cause is onely to bee accountable to him, whose image it is; as being the onely competent Judge of his owne will. As touching the liberty of our persons: That is founded not onely in Divine Law, but in Nature also; and as protected by the municipicall and known Lawes of this Kingdom. For as God created every man free in Adam: so by nature are all alike freemen born; and are since made free in grace by Christ: no guilt of the parent being of sufficiency to deprive the child of this freedome. And although there was that wicked and unchristian-like custome of villany introduced by the Norman Conquerour; yet was it but a violent usurpation upon the Law of our Creation, Nature, and the ancient Lawes of this Kingdome: and is now, since the clearer light of the Gospel hath shined forth, by a necessary harmony of humane society; quite abolished, as a thing odious both to God and man in this our Christian Common-wealth. Now that the liberty of mens persons hath ever been a thing most pretious in the eyes of our Ancestors and right deare and of most tender regard in the consideration and protection of the Law, if we doe but consider the originall Lawes of this Realme, the proceedings of our Ancestors, in the Acquisition and defence of their just liberties, and the continuall vigilance of them in making and ordaining good Lawes for their necessary preservation; we shall easily find that there hath not been any earthly thing or more weighty and important care to them, then the preservation of their Liberties. To prove this, Andrew Hern, a learned man in the ancient Lawes of this Kingdome, in his Booke called, The Marrow of Justice, written in the reigne of King Edward the first, fol. 1. saith, “That after God had abated the Nobility of the Brittons, he did deliver the Realm to men more humble and simple, of the Countries adjoyning, to wit, the Saxons, which came from the parts of Almaigne, to conquer this Land: of which men, there were fourty Soveraignes, which did rule as Companions; and those Princes did call this Realme England, which before was named, The Greater Britaine. These, after great warres, tribulations, and pains, by long time suffered; did choose amongst them, a King to reigne over them, to governe the people of God, and to maintain and defend their persons, and their goods in quiet, by the Rules of Right, and at the beginning they did cause him to sweare to maintaine the holy Christian Faith, and to guide his people by right, with all his power, without respect of persons, and to observe the Lawes. And after, when the Kingdome was turned into an Heritage; King Alfred, that governed this Kingdome about 174. yeares before the Conquest, did cause the great men of the Kingdome to assemble at London, and there did ordain for a perpetuall usage, That twice in the yeare, or oftner, if need should be, in time of peace; they should assemble at London in Parliament, for the government of Gods people, that men might live in quiet, and receive right, by certain usages, and holy judgements. In which Parliament (saith our Authour) the rights and prerogatives of the Kings, and of the Subjects, are distinguished, and set apart, and particularly by him expressed, too tedious here to insert. Amongst which Ordinances, we find, That no man should be imprisoned but for a capitall offence. And if a man should detain another in prison by colour of right, (where there was none) till the party imprisoned died; hee that kept him in prison should bee held guilty of murder, as you may read pag. 33. And pag. 36. hee is declared guilty of homicide, by whom a man shall die in prison, whether it be the Judges that shall too long delay to do a man right, or by cruelty or Goalers, or suffering him to die of Famine: Or when a man that is adjudged to doe penance, shall be surcharged by his Goaler, with Irons, or other pain, whereby he is deprived of his life. And pag. 149. That by the ancient Law of England, it was Felony to detain a man in prison after sufficient Baile offered, where the party was plevisable. Every person was plevisable, but hee that was appealed of Treason, Murder, Robbery, or Burglary, pag. 35. None ought to be put in the common prison, but onely such at were ATTAINTED, or principally APPEALED, or INDICTED of some capitall offence, or ATTAINTED of false and wrongful imprisonment. So tender hath the ancient Lawes and Constitutions of this Realme been of the liberty of their Subjects persons; That no man ought to be imprisoned but for a Capitall offence, as Treason, Murder, Robbery, or Burglary. And, if for these offences; yet ought he to be let to Baile: which to deny, were felony, in case the prisoner were plevisable, which is, if he were not appealed, indicted, or attainted. Nay, you see it was Felony to detain a man in prison by colour of right, when there was none. Neither was the law tender of the persons of Innocents, & bailable persons only; but also of the persons of men not plevisable and indicted: insomuch that they ought not to be oppressed by their Judges or Goalers, upon pain of Felony. This caused our Author to complain in the time of King Edward the first, that those good Lawes were violated in these words, It is an abuse that Goalers are suffered to spoyle and oppresse their prisoners, or to take ought from them, save their Armour and Weapons. Nu. 52. It is an abusion that prisoners are put in Irons, or to other pain, before they are attainted of Felony. Nu. 5. It is an abusion to imprison any other man then he that is indicted or appealed of Felony, in case he want not pledges, or mainpernours, pag. 289 And that this was the Law; is very clear: for that King Alfred did cause Fourty four Justices in one year to be hanged for breach of these Lawes. And more particularly the Suitors of Cirencester, for that they did detain a man so long in prison (that offered to acquit himselfe) that he died there, as you may find, pag. 301. whereby you may clearly perceive, that the Liberties of the Subjects of England, as touching their persons, are not grounded meerly upon Magna Charta, but are of a more ancient foundation, even in the originall Lawes of the Nation: the Statute of Magna Charta being onely a Declaration, or Confirmation of those former Lawes which by Divine right, and Nature, we inherit. As Sir Edward Cook in his Proeme to the second part of his Institutes, observes, These Lawes were gathered and observed amongst others in an intire volume by King Edward the Confessor. And though that William the Conquerour came in by the Sword; yet at the petition of the Lords and Commons of this Realme, he confirmed these Lawes unto us for the sake of King Edward, that devised unto him the Kingdome; as witnesse Matth. Paris, and William of Malmesbury, which were afterwards confirmed by King Henry the first, and enlarged by Henry the second in his Constitutions, made at Clarendon: and after much blood spent between King John and his Barons, concerning them; re-established at Running Mead, neere Stanes: and lastly, brought to a full growth, and made publique by King Henry the third, in the ninth yeare of his reigne, though he sought afterwards to avoid both that of his father King John, upon pretence of dures of imprisonment, and his own by nonage; Yet neverthelesse, God so ordaining, in the 20. year of his reigne he did confirm and compleat the said Charter for a perpetual establishment of liberty to all free-born Englishmen, and their heirs for ever: ordaining, Quod contravenientes per Dominum Regem, cum convicti fuerint, graviter puniantur. Which is, that those that went against these lawes, when they were convicted; should bee grievously punished by our Lord the King. And in the 52. yeare of his reign by the Stat. of Marleb. c. 5. this Charter was confirmed by Act of Parliament: and hath since been not lesse then 33. times confirmed and established, and commanded to be put in execution, by severall Parliaments since held.

This Charter of our Liberties, or Freemans Birth-right, that cost so much blood of our Ancestors, and was so long in the Forge before it could be fashioned: being no lesse then 200. yeares under persecution, before it was brought to perfection; is that brazen wall, and impregnable Bulwark that defends the Common liberty of England from all illegall & destructive Arbitrary Power whatsoever, be it either by Prince or State endeavoured. And because it imports us so much; we shall recite the words of this Charter, as to our present purpose of the vindication of our liberties both of persons & estates. And first, ch. 14. it runs thus, A Freeman shall not be amerced for a small fault; but after the manner of the fault: and for a great fault, after the greatnesse thereof; saving to him his contentment: and a Merchant; saving to him likewise, his Merchandise. And none of the said amercements shall be assessed but by oath of honest and lawful men of the vicinage. This part of the charter was made in affirmance of the Common Law; as appeares by Glanvil, l. 9. c. 11. where he useth these words, Est autem miserico dia domini Regis qua quio per juramemum legalium hominum de vicineto, eatenus amerciandus est, ne quis de suo honorabili contenemento amittet. In English thus, The amercements, or mercy of the King, ought to be such, whereby a man is to be amerced by the oath of lawfull men of the neighbourhood, or County, in such manner, that he may not lose any thing of that countenance or subsistence, together with and by reason of his Free-hold: For so is the sense of the word taken in the Statute of 1. Edw. 3. cap. 4. and vet. n. Br. fol. 11. The Armour and weapons, and profession of a Souldier, is his countenance: And the books; of a Scholler. So Sir Edward Cook. 2. part of Instit. pag. 28. Amercements ought to be assessed by the equals of him that is amerced. So is the expresse Book of 7. H. 6. fo. 12. in Dett. Fitz. Herbert, Nat. Brev. fol. 73. And in case where a man is amerced; he ought not to be imprisoned: as appeares 11. H. 4. fol. 55. The intent of which clause of the Great Charter, is, That no man should be tried but by his Equals; as more fully appeares, cap. 29. where it is thus enacted, No Freeman shall be taken or imprisoned, or disseised of his Free-hold, or Liberties, or free Customes, or be out-lawed, or exited, or any otherwise destroyed: nor we will not passe upon him, nor condemne him, but by lawfull judgement of his PEERES, or by the law of the land.

In these few words lies conched the liberty of the whole English Nation. This word, liber Homo, or free Man, extends to all manner of English people; as appears Stamf. Pl. Coron. pag. 152. In these words of this Charter before recited, there are these 6. particulars:

First, That no man shall be taken, or imprisoned, but by the law of the land.

Secondly, That no man shall be disseised, dispossessed, (sequestred) or put out of his Free-hold: that is, lands or lively-hood, liberties, or free Customes; but by the Law of the Land.

Thirdly, No man shall bee Out-lawed, but by the Law of the Land.

Fourthly, No man shall bee exiled, but according to the Law of the Land.

Fifthly, That no man shall be in any sort destroyed, unlesse it bee by the law of the land.

Sixthly, No man shall be condemned, but by a lawfull judgement of his Peeres, or by the law of the land.

Where first it is to be noted, that these words, By lawfull judgemeat of his Peeres, or By the law of the land; are Synonyma’s, or words of equall signification: and that the law of the land, and lawfull judgement of Peeres; are the proprium quarto modo, or essentiall qualities of this Chapter of our great Charter, being communicable omni soli & semper, to all and every clause thereof alike. Therefore we are to examine, declare, and publish to the world, what this Legale judicium, or Lex terra, this lawfull judgement, or law of the land, is, and hath alwayes been taken to bee: That the Free-borne subjects of this Kingdome, may not dwell in the shade; but that they may be able to understand them with clearnesse and perspicuity, and to demand them with force and vigour, as our Ancestors in times of old, have in like case done; To make a cleare demonstration whereof, we will follow the order of the six Particulars before mentioned, to be emergent out of this Charter of our liberties. And first touching our caption and imprisonment, Nullus liber homo capiatur aut imprisonerur, nisi per legale judicium Parium suorum, vel per legem terræ. Let no freeman of England (which is every man born in the Realm) be taken or imprisoned, but by lawfull judgement of his Peeres, or the law of the land. This is the context of this clause: Every Arrest, or Attachment, is comprised within it. See Cook. 2. part. Instit. pag. 96. What the Law was before the making of this Law; we have in part declared already: we shall onely adde this, That imprisonment without lawfull cause, was so odious, that among the lawes of King Alfred, cap. 31. wee find this, Qui immerentem Paganism vinculis constrinxerit decem solidis noxam sarcito: If a man should unjustly imprison a Pagan, or a Heathen man; hee should redeem his offence with the payment of ten shillings (no small summe in those dayes.) This is a perfect badge of liberty by our lawes. Let us now examine what it hath been since, by the Stat. of 25. E. 3. cap. 4. “It is ordained, That none from henceforth shall bee taken by petition or suggestion made to our Lord the King, or to his Counsell: unlesse it bee by Indictment, or Presentment of his good and lawfull people of the same neighbourhood, where such deeds, be done; in due man-manner: By the Stat. of 25. E. 3. cap. 3. No man shall bee imprisoned, without being brought to answer by due processe of law. By the Stat. of 46. E. 3. c. 3. It is accorded for the good Governance of the Commons, That no man bee put to answer, without presentment before Justices, or matter of Record, or by due Processe, or Writ Originall, according to the old law of the land. And if any thing from henceforth be done contrary; it shall be void in law, and holden for error.

We need not cite the Petition of Right, or other Acts of Parliament mentioned in our former Treatise for vindication of Liberty, against Slavery: Let us now examine the Responsa prudentu upon these Statutes, and the Judgements given by those Sages, 45. Ass. Plea. 5. Fitzherbert Title Assise, nu. 346. wee find that the Bayliffe of Chensford in Essex, was indicted before Knevet and Thorp, by vertue of a Commission of Oyer & Terminer, for imprisoning a man, & taking his goods by vertue of a Commission out of Chauncery, which he pleaded in his justification: The resolution was, “That the Commission and imprisonment were against law, to take a man & his goods, without indictment, or suit of the party, or other due processe of law. 33. E. 3. Fitzh. title Trespasse, 253. It is declared for Law, That the Command of the Lord is not a sufficient warrant to one to take his villeine without due processe of law. May 16. H. 6. Fitz. Monstrans de faites, nu. 182. It is declared for Law, That if the King command a man to arrest one, and the party doth it in his presence; the arrest is unlawfull, & the party arested may have his action of false imprisonment. 24. E. 3. fo. 9. Be. faux Imprisonment. 9. You may find that a Commission was directed to men to take divers notorious Felons before they were indicted, and this Commission was adjudged void in Law.

We need not mention the resolution of the Judges in this point of Liberty, you may find it reported by Sir E. Cook in his Reports, 9. Ja. f. 66. There are a thousand cases more cited in our books of law, to prove this undeniable truth: out of which we only cited these, to inform the free Subjects of England, That neither the King by his command or commission, nor his Councell, nor the Lord of a Villayne, can or could imprison, arrest, or attach any man without due processe of law, or by legall judgement, and law of the land, against the forme of our defensive Charter of Liberty, no not a Pagan or Heathen could be unjustly imprisoned or arrested without due processe of Law. But to discourse here the manifold imprisonments of the free-born people of this Kingdom, contrary to their Birth-right, this Free Charter, and contrary to the known lawes of this Realm: or to shew forth all the illegall processe, whereby men are now adayes arrested, attached, or imprisoned, contrary to this Charter, and the lawes before recited: as Latitats, Capiats pro debito, Attachments, and Messengers; would be infinite, and require a volume* by it selfe. Onely thus far we may be bold to demand, by what Law, Statute, or other legall power, the Committee of Examinations, Committees of Excise and Sequestrations,; nay, all Committees : nay more, their Sub-Committees take upon them to commit to prison: nay, without Baile or Mainprise, the free-born Subjects of this Kingdome, without lawfull processe, triall, or conviction, and most manifestly against the law of the land? For if those whom we have elected to sit at the Helme of the government for us, as our Trustees, for preservation of our Liberties, be (by right of their places) Judges; we are sure they cannot depute their Authorities. For a Judge cannot delegate his power to another, nor make a Deputy to judge for him; And this appeares by the Books of 2. H. 6. f. 37. 9. E. 4. f. 31. 41. 10. E. 4. f. 15. 11. E. 4. f. 1. I am sure wee have not sent them thither, and given them the places of their trust to Them and their Assignes: therefore their Committees, or Assignees, cannot execute their Judiciall power: which as to the matter of imprisonment, is one and the chiefest of their Judicial powers, so it bee according to due processe of Law. But wee will not wrong these Noble Patriots, the Commons of England, whom wee have chosen to be the Guardians of our Liberties; either to suspect them not to be our competent Judges, and Judges of Record too, or that they intend to commit our liberties to their committing Committes; since that by deputing such Committes, and investing them with their own powers; it argues the givers rather to be Ministeriall then Judiciall Officers.

We come now to the second particular, which is, That no man shall be desseised of his Free-hold, or Liberties, or free customes, but by lawfull judgement of his Peeres, or by the law of the land.

We need not insist long upon this particular, it being so plain and cleare in it selfe; Onely wee will remember that which that learned Father in the Law, Sir Edward Cook 2. part. Instit. pag 46. saith upon this clause, viz. Hereby is intended, that Lands, Tenements, Goods and Chattels, shall not bee seized contrary to this great Charter, and the Law of the Land. Nor any man shall bee disseised of his Lands or Tenements, or dispossessed of his goods or chattels, contrary to to the law of the land. Wee may safely adde, That neither King nor State ought to seise, sequester, plunder or take away any mans goods, chattels, trade, lawfull calling or office; before the party be lawfully indicted or convicted of an offence by due processe of Law, tryall of Jury, and lawfull Judgement, by the law of the land. Neither ought any man to be disseised, or put out of his Lands, Tenements, or Freehold, by suggestion, or petition to the King, or his Councell, unlesse it be by presentment or indictment of his good and lawful people of the neighbourhood. That this is as clear as the Sun at noon-day; Read these three Statutes of 5. E. 3. cap. 9. 25. E. 3. c. 4. 28. E. 3. c. 3. And the books of 43. Ass. Pl. 21. These referre to sequestring, seising, or desieising rather, of Lands, Tenements, and Free-hold of the free subjects of England. For the defence of our goods, not onely this great Charter, but also the Book of 43. E. 3. fo. 24. 32. 44. Ass. Pl. 14. 26. Ass. Pl. 32. 7 H. 4. fol. 47. Cook. 1. Reports. fol. 171. 8. Reports. fol. 125. Case of London: Where the case was, K. H. 6. granted to the Corporation of Dyers within London, power to search, &c. And if they found any cloath died with Logwood; that the cloath should bee forfeit. And it was adjudged in Trin. 41. Eliz. in this case, That this Charter for seising of such cloath, was against the Law of the land, and this great Charter; because no man ought to have his goods taken away from him, before conviction. Nay, if he were accused or indicted of Felony or Treason; yet his goods ought not to bee seised upon, or taken away from him, before he be attainted or convicted, according to the Law of England, upon pain to forfeit the double value; as appeares by the Statute of 1. R. 3. And although Treason is not mentioned within that Statute, but Felony onely; yet Sir Edward Cook. Instit. part. 3. fol. 228. saith, that Regularly the goods of any Delinquent cannot be taken and seised, before the same be forfeited. Neither is this a new opinion; but, the law ever was, and still is so, as Bracton l. 3. fol. 136. witnesseth in these words, Qui pro crimine, vel felonia magna, sicut pro morte hominis captus fuerit, & imprisonatus, vel sub custodia detentus; non debet spoliari bonis suis, nec de terris suis disseisiri: sed debet inde sustentari donec de crimine sibi imposito se defenderit, vel convictus fuerit, quia ante convictionem nihil forisfacit. Et si quis contrahoc secerit, fiat Vic. tale brev. Rex Vic. salutẽ, Scias quod provisum est in Curia nostra coram nobis, quod nullus homo captus pro morte hominis, vel alia felonia pro qua debeat imprisonari, disseiseatur de terris, tenementis, vel catallis suis, quousque convictus fuerit de felonia de qua indictus est, &c. In English thus, Where any man for a crime, or great felony, as, for murder; shall be taken and imprisoned, or detained under custody, he ought not to be spoyled of his goods, nor disseised of his lands; but ought to be maintained of the same, untill he shall acquit himselfe of the crime charged upon him, or shall be convicted thereof, because, Before conviction he shall forfeit nothing. And if any man shall doe contrary to this cours; let there be made out to the Sheriffe, such a Writ following, THE KING to the Sheriffe, greeting, Know thou, that it is provided in our Court before us, that no man taken for the death of a man, or other felony, for which he ought to bee imprisoned; ought to be disseised of his Lands, Tenements, or Chattels, until he shal be convicted of the Felony, whereof hee is indicted, &c. In which words, Qui pro crimine, Sir Edw. Cook is of opinion, that Treason is included, as also, Quia ante convictionem. And that the Act of Magna Charta, c. 29. extends to treason as well as to Felony, or other Delinquency. The Writ aforementioned, you may find in the Register among the Originall Writs. By all which Statutes and Book-Cases, and a thousand more testimonies to be produced; it is more then cleare, That neither, Sequestration, Seisure, nor taking or spoiling a man of his lands, or goods; ought to be: till hee bee lawfully indicted and convicted by triall of his equals, according to the law of the land.

But we have done with this particular: wee come now to the next, which is the third, and that is, No man ought to bee out-lawed, by the Law of the Land.

This word Outlary signifieth, The putting of a man out of the protection of the Law, either in Criminall or Civill causes; and it is of two kindes, Legall and illegall. A legall outlary is, when the party is duly indicted, or summoned to appear and makes default at the return of the Writ of Summons, and then by due processe of Law is pronounced an Outlaw in the County-Court, by the Coroners of the County where he doth inhabit. Which proceeding is according to the law of the land, because it is done by his Equals. And if he be duly out-lawed of Treason, Murder, or Felony; it is a conviction in law till he appear, & plead to the indictment, and pray his Writ of error, to reverse the outlary: which ought to be allowed him upon his appearance. Illegall Outlaries in Civil Causes, are, where men are not duly summoned, and a false Returne made by the Sheriffe: whereby processe of Law is unduly awarded against him, till he be outlawed. In both which cases he forfeits his goods and chattels, and the profits of his lands, till the outlary bee reversed. There are other sorts of illegall outlaries in effect; which are, putting men out of protection of the law: which are unlawfull prohibitions and injunctions: whereby men are enjoyned and stayed from prosecuting their rights, suits, or actions in any of his Majesties Courts of Justice: Or, when men under any pretence of incapacity by delinquency, are not permitted to sue, or have right denied them by any Judges or Justices; these are in effect outlaries: For every Outlary carries with it an incapacity to sue for a mans right or for wrong done in any personal or mixt action. As Littleton in his chapter of Villenage, affirmes; and as you may find 2. & 3. Ph. & Mar. Dier. 114. 115. Now it is all one to be put out of protection of the law, and not to be permitted to sue for a mans right, or to bee staied by injunction or prohibition, so that a man cannot proceed. All which causes are illegall, and contrary to this clause of the great Charter: For every man ought to bee permitted to goe to triall, judgement, and execution in his cause, according to the course of the law of the land. And if he faile in his suit, he shall pay costs, and be amerced, pro falso clamore. Which amercement ought to bee reasonable, & salvo contenemento, that he be not destroyed, as is before declared. Which payment of destruction, is the fourth particular, and now comes to be handled. The words of the great Charter, are,

That no man shall be any way destroyed, but by judgement of his equals, or according to the law of the land.

This word destruere amongst the Grammarians, est idem quod penitus evertere & diruere, to destroy is all one, as utterly to overthrow and demolish: To destroy a man is to forejudge a man of life, limb, or liberty, to dis-herit, to put to torture or death, any man without lawfull tryall, due preparation to his defence, or by SVRREPTITIOVS IVDGEMENT. All which are contrary to the law of the land. It is the Genus of all the former particulars, it is the most pernicious extent of all arbitrary power, there have been to many examples of it, Thomas Earl of Lancaster in the 14. E. 2. was destroyed; that is, adjudged to dye as a Traytor without lawfull tryall of his Peers. And afterwards, Henry Earl of Lancaster his brother was restored:

First, because that he was not arraigned and put to answer.

Secondly, because, that contrary to this Charter of Liberties, the said Thomas being one of the Peers of the Realm; without answer, or lawfull judgment of his Peers he was put to death: Such like proceedings were had in the case of John of Gaunt, as appears P. 39. Coram Rege, and in the E. of Aruudels case Rot. Par. 4. E. 3. Nu. 13. and in Sir John Alees case, 4. E. 3. Nu. 2. Such was the destruction committed upon the Lord Hastings in the Tower of London, by K. Richard the 3. who sware he would not dye, before he saw his head off; and thereupon caused him to be executed without tryall, answer, or lawfull conviction: such was the destruction of the Lord Rivers, and many other of sad remembrance: but above all that Attainder of Thomas Cromwell Earl of Essen, who was attainted of high Treason, as appears, Rot. Part. 32. H. 8. being committed to the Tower of London, and forth-coming to be heard, and yet never called to answer in any of the Houses of Parliament, they sitting: which we hope shal never be more drawn into president, but wish with a learned sage in the Law, Quod auferat oblivio si potest, si non, uteunq; silentium tegat, which is; let oblivion take away the memory of so foul a fact, if it can: if it cannot, let silence cover it: For, the more high and honourable the Court is, the more just and honourable it ought to be in the proceeding, and to give example of Justice to inferiour Courts; for these destructores subditorum dom. Regis, the destroyers of the free-born people of the Kingdom, were ever-odious and hatefull to the subject, and severe pains appointed for them, as appears by the Statute of Kenelworth, Par. 15. and by the old Statute of Rag-man; and that this kind of destroying the Kings people, is utterly against the Law of the Land, is most evident; not only by the great Charter, but also by the Statute of 5. 8. 3. c. 9. and 28. E. 3. c. 3. afore-mentioned, and by the ancient Lawes of the Land; as appears by Horn, in his Mirrour of Justice, c, 2. sect. 3.

We proceed now to Exile which is the fifth particular: The great Charter runs thus; No man shall be exiled, but by the Law of the Land. Exile or banishment is of two sorts: The one, a voluntary, which is at the Common-Law; and that is, when a man would abjure the Realm for a Fellony committed by him, having taken sanctuary to avoid the punishment of death, chusing rather perpetuall banishment then to put himself to the hazard of his life, by a legall tryall for his offence, as Stamf. Pl. Cor. p. 117.

The other is, when a man is inforced to banishment, which is only legally done by Act of Parliament; as appeares by the Statute of Westm. 1. cap. 20, 35. El. c. 1. and 39. El. c. 4. and by that Judgment or Statute of banishment made of the two Spencers, 15. E. 2. called Exilium Hugonis le-Despencer, patris & filii: for, though there was an Order or Ordinance made in the Lords house, Anno 6. E. 3. Nu. 6. That such learned men in the Law, as should be sent as Justices, or otherwise, to serue in Ireland, should have no excuse: yet saith Sir Edw. Cooke, 2. part. Instit. p. 48. That Order or Ordinance being no Act of Parliament, it did not bind the subject; so that we that are the free-born subjects of England, cannot at this day be enforced or compelled to depart the Realme, or be exiled or banished from our native Country, but by Act of Parliament;

And from this, we passe to examine what is to be esteemed a lawfull Judgment of our Peers, and what is here in this Charter, meant by the Law of the Land.

This Great Charter was penned in Latine; the words are thus: Nec super eum ibimus, nec super eum mittemus, nisi per legale judicium Parium suerum, which are more emphatically in the Latine, then in our English Translations of this Charter: for the Translations render “it, We will not passe upon, nor condemn any man, but by the lawfull judgment of his Peers, or by the Law of the Land: whereas the words in the Latine import, That the King shall not in his own person, when he is personally present in his high Court of Parliament, or “any other of his Courts of Justice; cause any man to be otherwise tryed or condemned, then by lawfull judgment of his Peers, or the law of the Land, nec super eum mittemus; that is, That no Judges, Commissioners, or Justices of the King, shall by force of any Writ, “or Commission from the King, under the Great Seal, in his absence, arraign, try, or condemn any man, but by the lawfull judgment of his Peers, or by the law of the Land.

Now this legale judicium parium suorum, or lawfull judgment of a mans Peers, is, and hath alwayes had a two-fold construction in law; the one is, When a Lord of the Parliament hath committed treason or felony, or other capitall offence, whereby he is indictable at the Kings Suite; there he by vertue of this Charter ought to be tryed by his Peers, that is such as are Lords of Parliament, that sit there, by reason of their Nobility: for no Noble-man that is not a Lord of the Parliament, or any other that sits in the Lords house by Writ, Et non ratione nobiliatis; can be a tryer of a Lord of the Parliament, or challenge this priviledge of tryall in case of Treason, Fellony, or other capitall offence: But a Noble-man of the Parliament shall not have this priviledge, either upon an Indictment of Praemunire, or upon an Appeale of Fellony, at the suit of the party, or in any Civill-Action, either concerning the right of Lands, or of other Possessions, or in any personall Action, brought by a Common-person, against a Lord of the Parliament, as appeares unto us by the Bookes of 1. H. 4. f. 1. 13. H. 8. f. 12. 10. E. 4. fol. 6.

This tryall of Noble-men by their Peers at the Kings Suit; is not upon Oath as in the case of common persons: for the Peers are not sworn before the Lord Steward, before whom this tryall must bee had: but they are to be charged by the Lord Steward, super fidelitatibus & ligeantiis Dom. Regi debitis; that is, upon their faith and allegeance due to the King; and if they acquit the Peer or Noble-man, upon whom they passe; the Entry is, Willelmus Comes E. & cateri Antedicti pares instanter super fidelitatibus & ligeantiis dicto Dom. Regi debitis per [Editor: illegible word] Senescallũ ab inferiori usq; ad supremum separatim examinati; dicunt, quod Wil. Dom. Dacre non est Culp. and so was the Entry in the case of the Lord Dacres 26. H. 8. Spilmans Reports, and Cookes Instit. 3. part. p. 30. If a Noble-man be indicted of Treason, Felony, or Murder, and cannnt be found; he shall be outlawed by the Coroners of the County: and in case of Clergy, no Noble-man shall have more priviledge then a common-person, where it is not specially provided for them by Act of Parliament; as by Stamford pl. Cor. p. [Editor: illegible word] is made manifest: out of all which, we gather, that a Nobleman hath this priviledge of tryal as well per legẽ terræ, as by this Charter: and that anciently, legale judicium parium, or lawfull tryall of Peers, for all manner of persons, as well Noble-men as Commons: was, vere-dictum duodecim proborum & legalium hominum de vicineto, a verdict of 12. good and lawfull men of the Neighbour-hood; that is, of the Commons of England, & so still remains saving only in this excepted case, by the Great Charter, which shewes, that there can be no legale judicium, or lawfull judgment; but it must be per legem terræ, or according to the Law of the Land, which is the other branch of this judgment, as to the Commons of England.

Now to prove that legale judicium parium, or lawfull judgment of a mans Peers or Equals, is by verdict of 12. men, and not otherwise: for the word Peers vinvocally signifies both. Let us consult both the judgment of Parliaments in this point, and the fundamentall lawes of the Land:

And first, for the opinions of Parliaments in this point, we finde, that by the statute of 25. E. 3. c. 4. “None shall be taken by petition or suggestion, made to our Lord the King, or to his Councell; unlesse it be by indictment or presentment, of his good and lawfull people of the same neighbour-hood. 42. E. 3. c. 3. It is assented, and accorded, for the good governance of the Commons, that no man be put to answer without presentment before Justices, or matter of Record, or by due processe and Writ, originall, according to the old law of the Land; and if any thing be done from henceforth contrary, it shall be void in law, and holden for errour; and to say one word for all: there are above 50. statutes now in print, and in force, that warrant this tryall, or legale judicium parium suorum, or tryall by a mans Equals or Peers, made since the Great Charter in severall cases: the citing of which statutes; for prolixity we avoid: And that this manner of tryall was the old law of the Land, wee are here to make it appear; that this manner of tryall, is according to the law of the Land, and that there is none other: wherein we are to observe this distinction, that this legale judicium, or lawfull judgment, is two-fold: The one is of the matter of Fact: The other is of matter of Law; That which is of matter of Fact, is to be tryed, per legale judicium parium, or a lawfull tryall of a mans Peers: That which is of matter of Law, is to be tryed by the Judges, or Justices of the Land, authorized thereunto by the Kings lawfull Commissions: To prove, that there is no other lawfull Judgment of our Peeres or Equals,

As touching the matter of Fact, we are to examine the foundation of this Common-wealth, and the originall constitutions thereof: We find that King Alfred having reduced this Kingdome of England into an Entire-Monarchy divided it into 38. Counties, and each County into severall Hundred and Mannors: The Counties were put under the government of Earles, who substituted under them Viscounts or Sheriffes, for the quiet government of the people, the Hundreds and Mannors subordinately under the severall Lords of them.

The Sheriffes had two Courts; to wit, the Sheriffes-Tourn, and the County-Court: The first, for offences against the peace of the Land: The latter, for entry and determination of civill-causes, between party and party.

In the first indictment, or presentment of offences was made per-Enquest; that is, by Juries.

In the second, the Free-suiters; that is, men of the neighbor-hood. The like was done in the leets or viewes of Frankepledge, and Hundred-Courts in the Hundreds. The like proceedings was in the Leets, and Court-Barons of Mannors in those Courts. There was no condemnation or judgment given, but by the Enquirie of good and lawfull men of the neighbor-hood.

This every book of the Law tells us; for more particular satisfaction, read Horn, f. 8. and fore-ward. These Courts were formed after the modell of the greater Courts of the Realme, the Kings-Bench, and Common-pleas, where greater jurisdiction was, as to the matter to be enquired of; but no variation originally in the manner of proceeding; only the jurisdiction of the Court of Kings-Bench, and Common-Pleas, in tryals of actions, ad dampnum 40. s. flowed over the whole Kingdome. The other Courts were confined to their severall limits, and might not exceed 40. s. damages: these were the originall Courts of the Kingdome: and the legale judicium parium, or lawfull judgment of Peers, was only tryall by Jury of Equals, before this great Charter: From which tryals, this clause is inserted into it, and by an inviolable right of law continues in force, even to this day, as every free subject of England by experience knowes; and as every book of our law proves into us, the verdict of the Jury in criminall causes, being the judgment of Attainder, and in civill causes a condemnation as Stamford, pl. Cor. p. 44. and all other bookes prove; And to leave every man without scruple in this particular; we finde by the statute of Westm. the 1. c. 12. That in case of Felony, those that refuse upon their arraignment, to put themselves upon the Enquest, shall be put to pennance fort, & dure, which is, stoned or pressed to death, because they refuse as the statute saith, to stand to the Law of the Land, And yet if the party accused stand mute, and will not put himselfe upon the Enquest; the Judge ought to examine the evidence, and to enquire by the Jury, whether he were mute of malice, or by the Act of God, before he shall give judgment against the Prisoner: so tender is the Law of the Land of the life of every man, that if an Offendor would wilfully cast away his life by contumacy; yet he ought not to be condemned; but per legale judicium parium suorum, or lawfull verdict of a Jury, which is according to the Law of the Land: this appeares by Stamf. pl. Cor. p. 150. a, b, c, d. Cookes Instit. p. 2. part. page 178. and so from this legale judicium parium, or lawfull judgment of Peers or Equals; we come to declare to the free-born subjects of England, what this lex-terræ, or Law of the Land is.

And first, we say, that this lex terræ, or law of the Land is the absolute perfection of reason; as Sir Edw. Cook. 2. part, Instit. page 179. saith.

Secondly, it is the law of England; and therefore all Commissions made to the Judges of the Land, run thus; That they in all cases that come before them, facturi sunt inde quod ad justiciam pertinet secundum legem & consuetudinem Angliæ, the Judges by their Commissions are to iudge and act only that which to iustice belongs, according to the law of the land, and custome of England, as. 2, part of Cooks Instit. p. 51. and dayly experience tells us.

Thirdly, it consists of the lawfull and reasonable usages and customs received, and time-out-of-mind observed and approved by the people of this Kingdome: for if a custome or usage be not lawfull, it ought not to bind; Quod ab initio vitiosum est; non potest tractu temporis convalescere, saith Ulpian l. 29. Course of time amends not that which was naught from the first beginning, and in Jur. Reg. v. 2. q. 117 art. 1. non firmatur tractu tempore quod de jure ab initio non subsistat, That which was not grounded upon good right, is not made good by continuance of time, and they must be reasonable too: so is Augustines opinion, in his Book de vera Religione, cap. 31. mihi lex esse non videtur quæ Justa non est; It seemes (saith he to me) to be no law at all, which is not just: It must likewise be received, and approved by the people.

Therefore, Vlpian F. de leg. 32. Leges nulla alia causa nos tenent quam quod judicio populi receptae sunt; the lawes doe therefore bind the Subject, because they are received by the judgment of the Subject, and Gratian in Dec. distinct. 4. Tum demum humanæ leges habent vim suam cum fuerint non modo institute, sed etiam firmatæ approbatione Comunitatis; It is then, that humane Laws have their strength when they shall not only be devised, but by the approbation of the people; confirmed.

Fourthly, this law of the land consists of the antient Constitutions, and moderne Acts of Parliament, made by the Estates of the Realme; but of these only, such as are agreeable to the Word of God, and law of Nature: for, as Gregory de valentia, Ex Tho. q. 93. art. 3. & q. 94. art. 34. well observes, Humane law is a righteous Decree, agreeing with the Law naturall and eternall; and Augustine de libero Arbitrio, cap. 36. nihil justum est atq; legitimum, quod non ab æterna lege sibi homines derivaverint there is nothing just and lawfull, which men have not derived unto themselves from the law eternall; And Horn, cap. 5. sect. 1. saith, That torvous usages, and unjust decrees not warrantable by Law, nor sufferable by holy Scripture; are not to be used or obeyed: Out of all which premises, wee conclude, that the Law of the Land, is the Law of England; the perfection of reason consisting of lawfull and reasonable Customes, received and approved by the people, and of the old Constitutions and modern “Acts of Parliament, made by the Estates of the Realme, and such only as are agreeable both to the law eternall and naturall; and not contrary, but warrantable by the Word of God, whatsoever laws usages, or customes, are not thus quallified, are not the law of the “land, nor are to be observed or obeyed by the people, as being contrary to their Birth-right, and the freedome and liberty which by the law of God, the lawes of the Land, and this great Charter they ought to enjoy. The summe of all is, that according to this Charter, the statute and lawes afore-mentioned, no man ought to be taken or imprisoned or disseized of his free-hold, liberties, or free-customes: or out-lawed, or banished, or any manner of way destroyed, nor condemned, “but by lawfull tryal of his Peers or Equals, or by the law of the Land; that is, by due processe of Law, by presentment or indictment of good and lawful men, where such deeds be done in due manner, or by Writ originall at the Common-law, according to the old law of the Land. Here we will answer an objection, that we heare is made, which is, that this is an old Law, and many lawes have been made against it since it was granted, which weaken the strength of this Charter.

To this we answer, That by the Statutes of 28. E. 1. called Articuli. super Cartas. & 25. E. 1. vet Magna Charta, fol. 137. and 37. called confirmatio Chartarum; It is provided, “That if any judgment be given against any points of this great Charter, or the Charter of the Forrest by any Iustices of the King, or other his Ministers, it shall be undone and holden for nought, and by the statute of 42. E. 3. cap. 1. all Statutes made against Magna Charta are repealed. True it is, we find that 11. H. 7. c. 3. by the practises of Empson, and Dudley; there was a statute made in the face of this great Charter, whereby many exactions and oppressions were put in practice upon the free subjects of England, to their great trouble and vexation: but we find withall,Oh! for the like justice now, and if it were not? what would become of all our Ship-money, Judges, monopolizing Pattentee, Merchants, and arbitrary Committee-men. that they were hanged that put it in execution, and in the 1. H. 8. c. 6. That illegal Statute of 11. H. 7. was repealed, and made void, and the cause specified to be, because it was against this Great Charter, and the law of the Land, but to put all out of doubt. “These clauses of the Great Charter, which we have discoursed upon hitherto, are all confirmed by the Petition of Right, in the 3. year of this King.

Now for remedy against any man that will infringe this Charter to the injury of any free-man that ought to have benefit of it; the party grieved may have an Action vpon the great Charter against the party offending, as was brought against the Prior of Oswin, P. 2. H. 8. Rot. 538. in Banco Regis; and we find in the Register-Book of witnesses, fol. 64. a Writ directed to the Sheriffe, Adcapiend: impugnatores Juris Regis & ad ducendum est ad Gaolam de Newgate, to apprehend the opposers of the Kings Charter, and to bring them to the Goal of Newgate: or the party grieved may indict the Offendor at the Kings Suit, for going contra formam Magnæ Chartæ, whereof we find a President in Sheffields case, Pasch. 3. H. 8. B. R. Or the party grieved may bring his Writ, de Odio & Astutia, de homine Replegiando or Habeas Corpus, as appeares by the Register, f. 77. and by the Statute of Westm. 2. c. 29. and by the Statute of Glouc. c. 9. as his case shall require.

Having thus dissected the severall branches of this Great Charter, which most eminently concern our publike liberty, the birthright of the free born subjects of England, and stated the question thereof. We will now with all due regard to the house of Peers, examine that judgment or sentence pronounced against that impregnable Bulwark of the common-liberty, Lieutenant Col. John Lilburn, and the proceedings leading thereunto by the Rules of this lawful judgment or law of the land, mentioned in the great Charter (professing, that as we will be tender, not willing to derogate at all from any lawful power, jurisdiction, or priviledge of that honourable house; so we will be as careful in preserving and maintaining our liberties) swerving neither on the one side, nor on the other, from the true narrative of the fact, nor the literal declaration of the order, & sentence, as it hath been represented unto us.

And first we shal shew, out of what fountain; all the troubles of this worthy Gentleman have sprung, (which is no other then from his fidelity, and love to his Country) they have been all occasioned by his prosecution of Col. Edw. King, upon certain Articles exhibited against this Colonel, to the honourable house of Commons, in Aug. 1644. which yet hang there undetermined, and which charge the said Colonel with disloyalty infidelity, treachery, and breach of trust to the Parliament, to whom he was a sworn servant, and entertained in their pay. To prevent this Gentlemans prosecution; Col. King did by undue meanes cause him to bee imprisoned, July 19. 1645. where being removed to Newgate, he remained till the 14. of March 1645. upon which day, upon Mr. Recorders motion in the house of Commons, hee was enlarged, there being nothing objected against him, and was by Col. King afterwards caused to be arrested, April 14. 1646. as he was going to prosecute and pursue this Colonell for the Publike good, and for matters contained in those Articles, and to follow his other businesse, depending in Parliament: For, Interest Reipublice, ut puniantur rei, ne per omissionem unius, multi atrociora perpetrent slagitia, as Cicero saith.

It is profitable for the Common-wealth, that guilty persons bee punished, least by omission of the punishment of one; many men by that ill example may be encouraged to commit more heinous offences.

This Arrest was illegal, and a breach of priviledge of Parliament to the house of Commons who were originally possessed of the Cause, for, all suitors in any Court of Justice at Westm. ought to have the protection and priviledge of that Court, where they sue against any that shall arrest them in any other Court for the same matters, Eundo, morando, & rediendo, which is, going thither, staying there, & returning homeward from their prosecution; as by 27. H 6. Fitzh. pr. 4. and divers other Bookes appears; and being put to plead by this unjust provocation to that action, he wrote that letter or booke to Mr. Justice Reeve, the 6. of June, 1646. whereat the great offence is taken, and upon which his grand charge was grounded, the proceeding was very quick; for the 10. of Iune there was a Warrant directed to the Gentleman-Usher attending the Lords house, or his Deputy, from the Lords, to summon him to appeare before their Lordships: the next day being the 11. he was summoned, and the same day he appeared before the Lords Bar; and being brought to the Bar, was asked, whether he wrote that letter or booke to Iustice Reeve: (here is an examination, ore tenus, not usual in Parliament, but frequent in Star-Chamber,) and being earnestly prest in it; the same 11. day of Iune; he delivered in a paper, containing his plea and defence; whereupon the same day he was committed by their Lordships prisoner to Newgate, for delivering in his plea and defence, which they in their Warrant call a scandalous and contemptuous paper, “being in truth but a recital and declaration of the Lawes & Statutes of England that made for his defence, and a declaratory of the liberties of all the Commons of England, which by law they ought to enjoy, and by nature is their proper and free birth-right; and the 16. of the same moneth he presented his Petition to the honourable house of Commons, against their Lordships proceedings, “being in the nature of an Appeale to the Commons; as his proper and onely Iudges.

The 22. of June, the Lords sent an Order to the Keeper of Newgate, “to bring Mr. Lilburn againe to their Bar the next day; & because he refused to kneel at their Barre, was the next day being the 23. of June committed close prisoner to Newgate, and not permitted to have Pen, Ink, or Paper, and none to have accesse to him in any kind but only his Keeper, untill that Court should take further order.

Where he remained in this condition till the Tenth day of Iuly, 1646. which day, Serjeant Nathaniel Finch delivered into the said house of Lords, certain Articles, with certain Bookes and Papers annexed against the said Lieutenant-Colonel JOHN LILBVRN: which you have word for word here printed, July the tenth, 1646. The Charge against Lieutenant-Colonel JOHN LILBVRN, as followeth:

ARTICLES,

Exhibited before the Lords in Parliament assembled, by Nathanael Finch, Knight, and one of his Majesties Sergeants at Law, against Lieu. Colonell John Lilburne, for high Crimes and Misdemeanors done and committed by him.

I.

VVHereas the Right Houorable, Edward, Earle of Manchester, by the space of divers yeares last past, hath been, and yet is, one of the Peeres of this Realm: And whereas the said Earle was, by Ordinance of Parliament, appointed Generall of divers Forces raised by the Parliament; the said Iohn Lilburne, intending to scandalize and dishonour the said Earle, and to raise discord between the said Earle, and other the subjects of this Realm: He, the said Iohn Lilburne, in a certain Book hereunto annexed, and by him contrived, and caused to be printed and published, intituled, The just Mans justification: Or, A Letter by way of Plea in Bar; hath falsly and scandalously, in certain Passages of the said Book, affirmed and published, concerning the said Earle of Manchester, and his demeanour in his said Office and Imployment: And touching the complaint by the said Lilburn alledged to be made by him, and others, to the said Earle, relating to the said Earle, as followeth, Pa. 2. I complained to the Earle of Manchester thereof, being both his Generall and mine. And at the same time divers Gentlemen of the Committee of Lincoln, as Mr. Archer, &c. having Articles of a very high nature against him; pressed my Lord (meaning the said Earl) to a triall of him at a Councell of warre. And at the very same time, the Major, Aldermen, and Town-Clerk of Boston, came to Lincoln to my Lord (meaning the said Earle) with Articles of a superlative nature against King their Governor; but could not get my Lord (meaning the said Earle) to let us enjoy justice at a Councel of War, according to all our expectations, & as of right we ought to have had; which at present saved his head upon his shoulders. And page 8. and 9. of that Book did affirm these words, viz, We could not at all prevaile: the reason of which I am not able to render; unlesse it were, that his two Chaplaines, Leo and Garter, prevailed with the Earle, (meaning the said Earle of Manchesters two Chaplains, Ash and Goode, to cast a Clergie-mist over their Lords (meaning the said Earles) eyes, that he should not bee able to see any deformity in Colonell King.

II.

THe said Iohn Lilbure within three moneths last past, in a certaine book by him contrived, and caused to be printed and published hereunto annexed, intituled, The Free-mans Freedom vindicated: or, A true Relation of the cause and manner of Lieu. Colonell Iohn Lilburns present imprisonment in Newgate, being thereunto arbitrarily and illegally committed by the House of Peeres, June 11. 1646. for his delivering in at their open Barre under his hand and seal, his Protestation against their incroaching upon the common liberties of all the Commons of England, in endeavouring to try him, a Commoner of England, in a criminall cause, contrary to the expresse tenor and form of the 29. chapter of the great Charter of England. And for making his legall and just appeale to his competent, proper, and legall Tryers, and Judges, the Commons of England in Parliament assembled; did falsly and scandalously, in eighth page of that Book, publish and affirm concerning the said Earle of Manchester, these false and scandalous words: I clearly perceive the hand of Ioab to be in this, namely, my old back-friend the Earle of Manchester; the fountain (as I conceive) of all my present troubles; who would have hanged me for taking a Castle from the Cavaliers in Yorkeshire; but is so closely glu’d in interest to that party, that hee protected from justice. Colonel King, one of his own Officers, for his good service in treacherously delivering or betraying Crowland to the Cavaliers, and never called, nor (that I could heare) desired to call to account his Officer, or Officers, that basely, cowardly, and treacherously betrayed and delivered Lincoln last up to the enemy, without striking one stroke, or staying till so much as a Troop of Horse, or a Trumpetter came to demand it: His Lordships head hath stood, it seems, too long upon his shoulders, that makes him he cannot be quiet, till Lieu. Generall Cromwels charge against him, fully proved in the House of Commons, be revived: which is of as high a nature, I beleeve, as ever any charge given in there: The Epitomy of which I have by me; and his Lordship may live shortly to see it in print, by my meanes. And the said Iohn Lilburne in the Book and page last mentioned, in scandall and dishonour to Henry, Earle of Stamford, a Peere of this Kingdome, and late a Commander of Forces of the Parliament, maketh this scandalous expression concerning the said Earle of Stamford, viz. And for my Lord of Stamford at present; I desire him to remember but one Article made at the delivery of Exeter which, it may be, may in time coole his furious endeavour to inflame the free people of England.

III.

VVHereas the said Iohn Lilburne, upon the 10. day of Iune last past, by vertue of the Order of the Peeres assembled in this present Parliament; was brought to the Barre of the House of Peeres, then sitting in Parliament; to answer concerning the said Book, in the said first Article mentioned: the said Iohn Lilburne falsly and maliciously intending to scandalize and dishonour the Peeres assembled in Parliament, and their just rights and authorities; did then and there in contempt of the said House of Peeres, at the open Barre of the said House, the Peeres then sitting in the said House in Parliament; openly deliver a certain paper hereunto annexed, under his hand and seale, intituled, The Protestation, Plea, and Defence of Lieu. Colonell John Lilburne, given to the Lords at their Barre, the 11. of June 1646. with his appeale to his competent, proper and legall Tryers and Judges, the Commons of England assembled in Parliament: (which paper is hereunto annexed,) and since caused the same to be printed and published. In which paper, among other scandals therein contained, he published and affirmed, concerning the Lords in Parliament, these words following, Viz. Therefore, my Lords, you being (as you are) called Peeres, meerly made by prerogative, and never intrusted or improved by the Commons of England. And in another place thereof concerning their Lordships, and their proceedings in Parliament; did protest and publish these words following: I doe here at your open Barre, protest against all your present proceedings with me in this pretended criminall cause; as unjust, and against the tenor and form of the great Charter: which all you have sworn inviolably to observe, and caused the Commons of England to doe the same: And therefore, my Lords, I doe hereby declare, and am resolved, as in duty bound to God, my selfe, countrey, and posterity; to maintain my legall liberties to the last drop of my blood, against all opposers whatsoever; having so often in the field, &c. adventured my life there-for: and doe from you and your Barre, as incroachers, and usurping Judges, appeale to the Barre and Tribunall of my competent, proper, and legall Tryers and Judges, the Commons of England assembled in Parliament. And in pursuance of his said malicious and illegall practice; did afterwards contrive and publish a scandalous and libellous letter hereunto likewise annexed, directed to Mr. Wollaston, Keeper of Newgate, or his Deputy: wherein (among other things) he hath caused to be inserted and published these words concerning the Peeres in Parliament, viz. Their Lordships sitting by vertue of Prerogative-patents, and not by election or consent of the people; have (as Magna Charta, and other good lawes of the Land tell me) nothing to doe to try me, or any Commoner whatsoever, in any criminall cause, either for life, limb, liberty, or estate: But contrary hereunto as incroachers and usurpers upon my freedomes and liberties; they lately and illegally endeavoured to try me (a Commoner) at their Barre. For which I under my hand and seale, protested to their faces against them as violent and illegall incroachers upon the

Rights and Liberties of me, and all the Commons of England, (a copy of which, &c. I herewith in print send you. And at their Barre I openly appealed to my competent, proper, legall Tryers, and Judges, the Commons of England assembled in Parliament. For which, their Lordships did illegally, arbitrarily, and tyrannically commit me to prison into your custody, Which Protestation, and Papers, and matters therein contained, doe falsly, and scandalously, and maliciously, charge the Peeres in Parliament, with tyranny, usurpation, perjury, injustice, and breach of the great trust in them reposed; and are a high breach of the Priviledges of Parliament. And are high offences against the Lawes and Statutes of this Kingdome, and doe tend to the great scandall of the said Peeres, and the authority with which they are intrusted, & to stir up differences between the said Peeres, and other the Subjects of this Realme. (asterisks)

Natha. Finch.

Vpon which Articles, he refusing to hear them read, as concerning their proceedings against him to be illegall, and that as a Commoner of England, they had no jurisdiction over him, they proceeded to sentence him, as followeth:

Iuly 10. 1646.

IT is to be remembred, that the 10. day of Iuly, in the 22. Year of the Raign of our Soveraign Lord King Charles, Sir Nath. Finch Knight, His Majesties Serjeant at Law, did deliver in before the Lords assembled in Parliament at VVestminster, certain Articles against Lieutenant-Colonell Iohn Lilburn, for high Crimes and Misdemeanours, done, and committed by him; together with certain Bookes and Papers thereunto annexed: Which Articles, and the said Bookes and Papers thereunto annexed, are filed among the Records of Parliament; The tenour of which Articles followeth in these words.

Which Articles being by the command of the Lords, then, and there assembled in Parliament, read; It was then, and there, that is to say, the said 10. day of July, by their Lordships ordered, That the said John Lilburn be brought to the Bar of this House, the 11. day of the said July, to answer the said Articles; That thereupon their Lordships might proceed therein, according as to Justice should appertain.

At which day aforesaid, the 11. day of July, Anno Dom. 1646. the said John Lilburn according to the said Order, was brought before the Peers then assembled, and sitting in Parliament; to answer the said Articles; And the said John Lilburn being thereupon required by the said Peers in Parliament, to kneel at the Bar of the said house, as is used in such Cases, and to hear his said Charge read; to the end, that he might be inabled to make defence thereunto;

The said John Lilburn in contempt and scorn of the said high Court, did not only refuse to kneel at the said Bar; but did also, in a contemptuous manner, then, and there, at the open Barre of the said House, openly and contemptuously, refuse to heare the said Articles read, and used divers contemptuous words in high derogation of the Justice, Dignity, and Power of the said Court: And the said Charge being neverthelesse, then, and there read, the said John Lilburn was then and there by the said Lords assembled in Parliament, demanded what Answer or Defence he would make thereunto; the said Iohn Lilburn persisting in his obstinate and contemptuous behaviour, did peremptorily, and absolutely refuse to make any Defence or Answer to the said Articles, and did then, and there, in high contempt of the said Court, and of the Peers there assembled, at the open Bar of the said House of Peers, affirme, that they were Usurpers, and unrighteous Judges; and that he would not answer the said Articles, and used divers other insolent and contemptuous speeches against their Lordships, and that high Court.

Whereupon the Lords assembled in Parliament, taking into their serious consideration the said contemptuous carriage and words of the said John Lilburn, to the great affront, and contempt of this high and honourable Court, and the Justice, Authority, and Dignity therof;

It is therefore this present 11. day of Iuly, ordered and adjudged by the Lords assembled in Parliament;

That the said Iohn Lilburn be Fined; And the said Iohn Lilburn by the Lords assembled in PARLIAMENT, for his said contempt, is Fined to the Kings Majesty, in the summe of two thousand pounds.

And it is further ordered and adjudged by the said Lords assembled in Parliament,

That the said Iohn Lilburn for his said contempts be, and stand committed to the Tower of London, during the pleasure of the said House.

And further, the said Lords assembled in Parliament, taking into consideration the said contemptuous refusall of the said Iohn Lilburn, to make any Defence or Answer to the said Articles; did declare,

That the said Iohn Lilburn ought not thereby to escape the Justice of the House; But the said Articles, and the Offences thereby charged to have been committed by the said Iohn Lilburn, ought thereupon to be taken as confessed.

Wherefore the Lords assembled in Parliament, taking the premises into consideration; and for that it appeares by the said Articles,

That the said Iohn Lilburn hath not onely maliciously published severall scandalous, and libellous passages of a very high nature, against the Peers of Parliament, therein particularly named, and against the Peerage of this Realm in generall, But contrived, and contemptuously published, and openly, at the Barre of the House delivered certain scandalous Papers, to the high contempt and scandall, of the Dignity, Power, and Authority of this House.

All which offences, by the peremptory refusall of the said Iohn Lilburn, to answer, or make any Defence to the said Articles, stands confessed by the said Lilburn, as they are in the said Articles charged;

It is therefore, the said Day and Year last above-mentioned, further ordered and adjudged by the Lords assembled in Parliament, upon the whole matter in the said Articles contained;

I.

That the said Iohn Lilburn be Fined to the Kings Majesty in the summe of two thousand pounds.

II.

And that he stand, and be imprisoned in the Tower of London by the space of 7. years, now next ensuing.

III.

And further, that he the said Iohn Lilburn from henceforth stand and be uncapable to bear any Office or Place, in Military, or in Civill-Government, in Church or Common-Wealth, during his life.

Die Sabbathi II. Julii 1646.

ORdered by the Lords in Parliament; That Iohn Lilburn being sentenced by this House, (shall for his high Contempt and Misdemenors done to this High Court) according to the said Sentence stand committed to the Tower of London, for the space of 7. Years, next after the date hereof; And that the Lieutenant of the said Tower of London, his Deputy, or Deputies, are to keep him in safe custody accordingly. And that he doth take care, that the said Lilburn do neither contriue, publish, or spread any seditious or libellous Pamphlets, against both, or either of the Houses of Parliament.

To the Lieutenant of the Tower of London, his Deputy, or Deputies.

And because this Sentence was conceived not to be severe enough by the Lieutenant of the Tower, hee did procure an Order, dated Die Mercurii 15. Julii, 1646. which followes in these words.

Die Mercurii 15. Iulii, 1646.

ORdered by the Lords in Parliament assembled, That none shall speak with John Lilburn, now a prisoner in the Tower of London, but in the presence and hearing of his Keeper, And that when he shall desire to take the Ayre within the Tower, his Keeper shall constantly goe with him, forth, and back, and stay with him, till he return to his Lodging; and that if his wife desire to come to him, she shall reside with him, and not go in, and out, during his imprisonment in the said Tower. And lastly, it is Ordered, That this restraint of speaking with the said Lilburn shall be taken off, when he shall give good Bayle to this House not to contrive, write, or publish any scandalous, or libellous Pamphlets, or Papers, against both, or either of the Houses of Parliament.

Die Mercurii 16. Septem. 1646.

IT is this day Ordered by the Lords in Parliament assembled, That the Lieutenant of the Tower of London, his Deputy, and all others imployed him, shall permit and suffer the wife of Lieutenant-Colonell Iohn Lilburn, to come to him, and reside with him, when, and as often, as he shall desire, any former Order of this House notwithstanding.

Iohn Brown, Cler. Parliamentorum.

We will not say their Lordships are unjust in this Sentence; yet we hope it shall not be accounted scandall to them, if we say, and make it appear, that they have erred therein, both in manner of proceeding, and in substance of matter, or point of jurisdiction, both of the person and cause; for we do presume, that their Lordships will not presume an infallibility of Judgment, it being a quality incompatible to, or with any sublunary creatures; and wee finde by our bookes of 21. E. 3. f 46. that a Parliament may, and hath erred.

And first, we shall declare their Lordships errour, in their manner of proceeding against this worthy Patriot; wherein we shall observe, That the 10. of Iune, he was summoned to attend their Lordships in their house: The 11. of Iune he appeared, and was then committed by their Lordships to Newgate. The 16. of the same moneth he appealed to the Right Honourable House of Commons. The 22. their Lordships sent to the Keeper of Newgate, to bring him to their Bar; And thereupon the 23. day, he was committed close prisoner to Newgate, being brought by the Keeper of Newgate, where he remained close prisoner till the 16. of Iuly: At which time, his Charge was brought into the Lords House, and not before. Wherein, we are first to note, that he was summoned and committed a moneth before his Charge brought in, and after his appeal, and for that cause, made close prisoner 18. dayes before any Charge recorded against him;

All which proceedings, are erroneous, and principally in these two points.

First, because he was summoned, before his Charge was recorded: for, regularly, both in Law and Equity, the Declaration or Bill ought to be filed or recorded, before any Writ or Processe ought to issue against the Defendant or Party accused, either in civill or criminall causes; and the Writ or Processe ought to contain the matter of the Declaration or Bill, as in a Writ of Right. These words, Quid clamat tenere, import a Count, or Declaration recorded; so a Writ of Warrantia Diei, contains the substance of the Count in a Monstraverunt, the Plaintiffs title is set forth by the Writ: Nay, in every Writ at Common-Law, the Writ doth by these words, ut dicitur, or by some other Emphaticall word contained in the body of the Writ import, that a Declaration or Count is filed, registred, or recorded, before the Writ doth issue; and this appears clearly in every Writ, set forth by the Register, and Fitzherberts Natura breviuns; Nay, every English Bill either in Chancery, Exchequer or Star-Chamber, doth pray, that Processe of Sub-pæna, be awarded against the Defendant, which proves, that processe ought not to be awarded against any man out of any Court till his charge bee recorded against him in the same Court.

If this was so in the Justice of the Star-Chamber in criminal causes, we hope their Lordships will not condemne it, as an Injustice in themselves, to follow the same Rules of Right, Reason, Law, and Equity.

Secondly, their Lordships proceedings against him, after his Appeal made to the honourable house of Commons, were void in Law; for by the Appeal to the proper jurisdiction, the Lords were outed of their jurisdiction, or Connusans of the Plea, (sublata causa tollitur effectus) the Cause being removed by the Appeale, their judgment thereby was determined, or at least suspended, being but the effect of the cause before them, till such time as the Appeal is determined, the Appeal being a supersedas to their Lordships further legall proceedings in the same cause, and wherein they ought not to have proceeded without the privity, licence, and direction of the house of Commons; and therefore all their proceedings since Mr. Lilburns Appeal presented to, and accepted by the house of Commons, are Coram non judice, and therefore void and erroneous.

We shall not deny the Lords house to be a Court of Justice, and that of Record too, and of the highest degree in the Kingdom, co-operating with the honourable House of Commons: but when they are distinct, and apart in their severall operations and judgments; we do conceive, that they neither have a legislative nor unlimitted power of judicature in themselves; neither can they proceed to determine any thing out of the way of the known Lawes, by any arbitrary, or discretionary Rules, where there is a known Law in the case.

Sir Edw Cook doth well set forth the distinct powers of Judicatures of both houses, in his 4. part of Institutes, p. 23.

It is to be known, saith he, that the Lords in their house, have power of Judicature, and both Houses together have power of Iudicature, which is thus to be understood, That the Lords have power of Iudicature over their Members alone, viz. their Peers, the Nobility of England that sit in the Lords House.

The Commons have power of Iudicature over all the Commons of England, by themselves alone; and the Lords and Commons joyning have power of Iudicature over both Peers Lords, and Commons.

That this is true, is manifest by the Lord Dacres case, p. 26, H. 8. reported by Iustice Spilman, where it was resolved, that a Noble-man of Parliament, cannot wave his tryall by his Peers, and put himselfe upon the tryall of the Country: for by the Statute of Magna Charta, c. 29, every man is to be tryed, per legale judicium parium suorum, by the lawfull judgment of his Peers; which Statute, gives the Lords of Parliament a jurisdiction over their Peers, which cannot be taken from them; and as the Lords have a jurisdiction over their Peers; so have the Commons over their Peers, viz. all the Commons of England: for, as Sir Edw. Cook 2. part. of his Institutes, pag. 29. in his Coment upon Magna Charta c. 14. observes, that the generall division of persons, by the Law of England, is either into the Nobility of the Peerage, (or Lords house) or the Commons of the Realm: for as every of the Nobles is a Peer to each other, though they have severall Names of Dignity, as Dukes, Marquisses, Earles, Viscounts, and Barons; so of the Commons of the Realme, each Commoner is a Peer or Equall to another, though they be of severall Degrees, as Knights, Esquires, Citizens, Gentlemen, Yeomen, and Burgesses: and this distinction we find likewise in Bracton, c. 2. fol. 36. and both these Jurisdictions do belong to both Houses, naturali equitate, by a naturall right or equity, as hereafter more plainly will be demonstrated: and according to this Jurisdiction, have the Commons themselves given judgment upon a Commoner, as in the case of Thomas Longe, cited by Sir Edward Cooke, ubi supra, p. 23. and recorded in the Journall-Book of the House of Commons, 8. Eliz. Onflow Speaker, f. 19. and in the case of Arthur Hall, 23 Eliz. f. 14. Popham, Attorney-General, Speaker, and divers others.

Now, that the Lords and Commons have a joynt Jurisdiction, or power of Judicature over both Lords and Commons, is manifest by the Judgments given against the Lord Audley, at the Parliament held at Yorke, Anno 12. 22 Consideratum est per Prælatos, Comites Barones & communitatem Angliæ, and in 15. E. 2. the Judgment given against the Spencers, both Earles, Hugh the Father, and Hugh the Son, who were adjudged to exile, by the Lords and Commons, and Sir John Alees adjudged by the Lords and Commons, as appeares 42. E. 3. Nu. 20. Rot. Parl. and of late time in the cases of Sir Giles Mompesson, the Lord Viscount of St. Alban, and the Earl of Middlesex, in 18. & 21. Iacob. Regis: In all which Judgments the Kings consent was concurrent, which gave those Judgments life and efficacy.

Having thus distinguished, the severall and joynt Jurisdiction of both Houses; it will bee necessary to shew whence these have sprung, and how they are grown. It appears by the old Treatise, de modo tenendi Parliamentum, which was made before the Conquest, and presented to the Conquerour, who held a Parliament in that forme, as appeares by the book of 21. E. 3. f. 60. That both Houses of Parliament sate together, and were but in effect one House, and so continued long after the Conquest, till 5. and 6. E. 3. as appears by the Parliament Rolls of 5. E. 3. Nu. 3. and 6. E. 3. and by the 4. part of Sir Edward Cookes Instit. p. 2. and as may be gathered by the Preamble to the Statute of Marlebridge, made 52. H. 3. Westm. the first, 3. E. 1. Westm. 2. 13, E. 1, the Statute of Yorke, made 12. E. 2. and others, which mention, that the Prelates, Earles, Barons, and Commonalty of the Realm were called together (whereby we may infer, that they sate as one House) to consult of the weighty affaires of this Kingdom; from whence, we collect, that the Lords had whilest they sate as one House, no particular jurisdiction, nor the Commons any to themselves alone, but their jurisdiction was joynt, being mixt of both their powers, and communicative to all alike of both Kingdoms; and this appeares cleerly, by the case of the Lord Audley, 12. E. 2. and the cause of the Spencers, 15. E. 2. afore cited, and by the case of Nicholas Segrave, adjudged in Parliament, as appears Placit: Parliament, 33. E. 1. Rot. 33. per Prælatos, Comites, Barones, & alios de consilio, by the Prelates, Earles, Barons, and others of the Councell, that is, the Parliament; and more plainly by that, spoken by Sir Edward Cook 2 part of his Instit. p. 50. And though of antient time (saith he) the Lords and Peers of the Realm used in Parliament to give judgment, in case of Treason and Fellony, against those that were no Lords of Parliament;

Yet at the suit of the Lords, it was enacted; that albeit the Lords and Peers of the Realm, as Judges of the Parliament, in the presence of the King, had taken upon them to give judgment in case of Treason and Fellony, of such as were not Peers of the Realm, that hereafter no Peers shall be driven to give judgment on any others, then on their Peers according to the Law.

And he cites Rot. Parl. 4. E. 3. Nu. 6. to maintain this assertion of his.

But to conclude more strongly, we find it recorded in 4. E. 3. Rot. 2. and inrolled in Chancery, in the cause of Sir Simon de Berisford, who was adjudged as an accessary to Roger Mortimer of the murder of King Ed: 2. in these very words, viz.

And it is assented, and agreed by our Lord the King, and all the Grandees in full Parliament; that albeit the said Peers, as Judges of Parliament took upon them in the presence of our Lord the King, to make and give the said judgment, by the assent of the King, upon some of them which were not their Peers, and that by reason of the murder of their liege Lord, and the destruction of him which was so neare of the Blood-Royall, and Son of a King; that therefore the said Peeres which now are, or the Peeres which shall be for the time to come; be not bound or charged to give judgment upon others, then upon their Peers, nor shall do it: (But let the Peers of the land have power) but of that forever they be discharged and acquitted, and that the aforesaid judgment now given be not drawn into example, or consequence for the time to come; by which the said Peeres may be charged hereafter to judge others then their Peers against the Law of the Land, if any such case happen (which God defend.)

All which afore-mentioned presidents and judgments were made and given before the separation of the two Houses, & whilest they sate together.

Out of which, we collect and gather, that the Lords had no particular jurisdiction to themselves, or of themselves, before the division & separation of the Houses; and that it was against the Law of the Land, for the Peers before this separation, to judge a Commoner in any case whatsoever: Nay, that their hands are bound by their assent, never to judge any in future, which Sir Ed: Cook saith, was enacted.

So that joyning the one consideration with the other, it is most cleer, that the Peers at this day cannot judge a Commoner; no, not if the King joyn with them; especially, in case of life, or free-hold, for in the book of 4 H. 7. f. 10. Be tit. Parl. 42. We find that in Parliament, the King would that I. S. should be attainted, and lose his Land, and the Lords did agree, and nothing was spoken of the Commons; and this by all the Judges was held no good attainder or judgment, and therefore he was restored to his Lands: for there can be no attainder by Parliament, but by Act of Parliament, that is, by judgment of both Houses, and consent of the King: for the King, as Sir Edward Cook saith, is of the Parliament, caput principium, & finis, the head, the beginning, and the end.

But some will say, that the Lords have a Judicature a-part from the Commons, which they have long used: It is true, they have, and it is only in some particular cases, and their power is given them by Act of Parliament, by the statute of 14. E. 3. c. 5. in case of delay of Justice, difficulty of judgment, or cases of errours, and is confirmed unto them by the statute of 25. El. c. 8. and 31. El. c. 1.

But we cannot find by any of our bookes in Law, and wee are confident, no man can shew us, that the Lords by themselves apart or without the assistance, and without judgment of the Commons, did hold plea in any of those cases; before that statute of 14. E. 3. For the first cases that we find of any proceedings in those cases before the Lords, were in 16. E. 3. Fitzh. tit. briefe, 561. and in 24. E. 3. f. 46. 22. E. 3. Fitz. error 8. and other bookes; out of which good notes may be drawn to fortifie our assertions withall, if need in so plain a case did require: By all which cases and presidents, we may assuredly conclude. “That the Lords in their House have no jurisdiction over the Commons in any other cases, then delay of Justice, difficulty of Judgment, or matter of Errour, as aforesaid.

And this is agreeable to the statute of 25. E. 3. c. 4. Where it is accorded, assented, and established, that from hence-forth, none shall be taken by petition, or suggestion, made to our Lord the King, or to his Councell; unlesse it be by indictment, or presentment of his good and lawfull people of the same neighborhood, or by processe made by Writ originall at the common-law, and to the other statutes afore-mentioned, and bindes the House of Peers, as well as any other Court of Judicature at Westminster, as they are of the Kings Councell, and sit by vertue of the Kings writ and Commission, as they have often by their own Declarations manifested.

If it be objected, that their Lordships being a Court of Judicature, are only to proceed, secundum legem & consuetudinem Parliamenti, according to the Law and Custome of the Parliament.

We answer, that we grant that it must be secundum legem, according to law, which is, according to the Great Charter, and the laws before cited; and as touching the custome of Parliament; we say that the Lords house cannot have any pretence by custome to judge a Commoner of England, since that it appeares by the presidents afore-mentioned: namely, Sir Simon de Berisfords case which was 4. E. 3. and by that of the same date, cited out of Sir Edward Cooke, that before the division of the Houses, it was enacted, and assented, that the Peers for the time to come, should not judge a Commoner as being against Law, as aforesaid: And therefore, that Custome being against Law, and prohibited by Act of Parliament, must needs be void in Law: For, no Custome that is against Law or an Act of Parliament, is valid in Law: Neither can they have any good Custom by usage of such power, since the division of the Houses, though they have actually judged Commoners, it being within time of memory since the Houses were divided: that is to say, since the time of King Richard the first, which is the limitation of prescriptions; and since which time, no good custome can bee grounded, the contrary appearing by matter of Record, as aforesaid.

And albeit, they have judged Commoners; it makes not for them; for, a facto adjus non valer argumentum, because they have done it in fact; therefore, they may now do it of right, followes not: For, if those Commoners that were judged by them, did not stand upon their priviledge, nor demand an exemption from the judgment of the Lords, they did only lose to themselves the particular benefit of Appeale: for, vigilantibus, & non dormientibus jura subveniunt: the lawes only assist those that claime the benefit of them, & not those that pray not in aid of them: and such presidents ought not to be cited, in prejudice of others that are more watchfull over their liberties.

But wee have another objection made, that there is matter of scandall against a Peer of that House, contained in Mr. Lilburnes Charge, and therefore fit to be examined there,

We acknowledge the Earl of Manchester to be a person of great honour, and will not blemish him, as he stands unheard, with a supposition of his being guilty: But neverthelesse, we conceive that it would not have lessened his honour, to have preferred some Information in the Kings Bench, or brought some Action at Common-Law upon some of the statutes, de scandalis magnatum, for the supposed slander contained in the bookes, written by Mr. Lilburn, whereunto Mr. Lilburn might have pleaded his lawfull plea, either by may of justification, or deniall, as his case would require him: In both which cases Mr. Lilburn should have been tryed by a Jury of 12 honest men, Commoners, his equals: and my Lord have avoyded any suspition of being partiall in his own cause, as it is said in the book of 8. H. 6. f. 14. Br. Connusans 27. of the Chancellour of Oxford, or that he went about by this so sudden and summary proceeding to hinder or fore-stall the evidence that might bee against him in his own cause, and Mr. Lilburn had had a legall way for his defence: for if he had justified the supposed scandall, and proved it, it had bin no scandal, & the Jury must have acquitted him, if he had pleaded not guilty: and for the words proved against him, he must have paid dammage to the Earle, as the Jury should have assessed. And this had been, and is the only way of tryal in such a case, and is according to the statute of Magna Charta, and the Law of the Land; and it is a Maxime in Law, That where remedy may bee had by an ordinary course in Law, the partie grieved shall never have his recourse to extraordinaries.

Therefore, if a man should say of the Lord Chancellor, or Lord Keeper of the Great Seal, that he was a corrupt Judge, and that he gave a corrupt judgment in such a Cause depending before him, upon an English Bill in Chancery; The Lord Chancellor, or Lord Keepers remedy against that person for this scandal; is upon these statutes, and not by an English Bill in Chancery before himself, to be proved only by witnesses, or (the Parliament sitting) by the Parliament, and not by a Jury, being matter of Fact, tryable by the course of the common-law: Neither doe we conceive, that this scandall reflects upon that noble Earl (if it be so) as he is a Member of the Lords house, but as a Generall of an Army, which employment, he had as well from the Commons, as the Lords, and the rather, since one of the Commons is as capable, as a Peer of the Lords house, of such a Command.

Therefore, we conclude, as to the matter and manner of proceeding this sentence upon the Lieutenant-Colonell, may be taken to be erroneous, both concerning the nature of the cause, and the jurisdiction of the Court; in respect of the Defendants priviledge; not to be judged by the Lords House, being a Commoner of England; unlesse the Commons had first enquired of the offence, and had transmitted it to the Lords House, upon a vote made in their House, by information or impeachment; together, with the proofs taken by them in the Cause; but especially, after an Appeal made to the House of Commons, as his proper Judges:

But we meet with another objection, which is; that part of this sentence, is for words and contempts acted after his summons to the Lords House, and at his appearing there: one of which was, for not kneeling at the Lords Barre; for that we conceive, that if hee through the tendernesse of Conscience not to offend God, by kneeling to any other power, did refuse to kneel at their Barre, (though it be a custome for those that are brought thither as Delinquents so to do: We cannot conceive that to bee a contempt, but rather an obedience to him, whom we ought to obey rather then men. As touching the no hearing of his Charge read, it was after his Appeal, Plea, and Defence, delivered in: which if that were just, and now rest; to be determined by the honourable House of Commons and by them so adjudged; there could be no contempt in that: And therefore, till his Appeale be determined, wee conceive, that part of his Sentence might well have been spared: As touching the contemptuous words by him uttered, against the proceedings of that honourable Court, though we cannot excuse it, a toto, yet a tanto, we may, in that they were rather words of heat proceeding from him, upon deniall of his Plea and Defence, which was his appeale to the honourable House of Commons, as his proper Judges, and rather issuing from him, out of a sence of his conceived injury, then a spirit of calumny towards their Lordships: We are of opinion, that in that sence they might have produced a more mild sentence, then to have been his utter ruine; since by that sentence he is to have 7. yeares imprisonment (the age of a man in the eye of the Law) and be made incapable of bearing any Office, Military or Civill, in the Army or Common-Wealth, and to be fined 4000. l. which we think, is more then he is able to pay: whereas by the statute of Magna Charta, liber homo non amercietur, pro parvo delicto, nisi secundum modum illius delicti & pro magno delicto, secundum magnitudinem illius delicti, salvo sibi contenemento suo; If his offence were great; yet hee ought to be amerced, so as his free-hold & contenement, or countenance may be saved to him, and not to be disabled in his Calling, or lodged in the Tower, during his life, where he now remains.

Having brought this indomitable Champion for our liberties, to the Tower of London, wee will shew you his entertainment there;

He was brought by the Warders to the Lieutenant, alias dictus Col. Francis West, the Gaoler, or chiefe Keeper of the Prison of the Tower of London; for so his title is, in the capacity of receiving and keepeing of the Prisoners committed to his charge; This Lieutenant or Goaler after some pause upon reading of the Warrant of Commitment, sent him to lodge at a Warders house for his further punishment, where he is to pay neere 20. s. a weeke for his lodgeing, providing himselfe dyet; The Lieutenant forbad his Keeper to let any body at first to come to speake with him, and forgetting the rule of Gods word, whom God hath joyned together let no man separate or keepe asunder, upon this pretence that by the Lords sentence and his Warrant, he could not keepe that worthy Patriot, from informing the people of their liberties, which the said Goaler or Lieutenant called writing of scandalous bookes against the Lords, unlesse he kept his wife and his friends from him, notwithstanding that Lieutenant “Collonel Lilburne offered to engage his word to the said Gaoler not to write any word-book, or letter, either of or concerning both, or either House of Parliament, or any thing else of publike concernment, so he might have his wife and Children, and friends admitted to him, according to law and right, answer was thereupon made by the same Gaoler. That unlesse his wife would stay with him and remaine with “him as a close prisoner to be kept within the Tower, he cold not permit her to come to him, to stay with him, or speake with him, but in the presence of his keeper, (the first time that ever we heard that the innocent wife was to be imprisoned and punished for the Husbands offence) having at that time no warrant to restraine either his wives or friends coming to him; but to colour such his illegall, uncharitable, and unchristianlike dealings, he goes to the Lords, and procures order from them as a superstructure upon the former sentence, to keepe this worthy Gentlemans wife from him, and not to permit her to stay with him, or to speake with him but in the presence of his Keeper: O horrible and unheard of Cruelty, “and barbarisme, did not God make woman of man, that she might be an helper unto him meete for him, Gen. 1. 18. did not God ordaine them to be one flesh, did not our blessed Saviour say, that God from the begining had made them male, and female, and that after their marriage they are no more twaine, but one flesh: doth he not command, and is it not an ordinance indispensable, That what God hath joyned together, let no man put asunder, Matth. 19, 4, 5, 6. By what power or authority doth this Goaler take upon him to dispense with, nay, to change the immutable laws of God our maker, and of our Saviour and Redeemer? If ye have faith in him, doth not our blessed Saviour tell the wicked Jews, when they tempted him with this questition, Is it lawfull for a man to put away his wife? THAT IT WAS NOT LAWFVLL: And that Moses suffered the Jewes through the hardnesse of their hearts, to put away their wives; But from the beginning it was not so? If this were hardnesse of heart for a man to put away his wife, though with her consent; how much more, and how much greater hardnesse of heart is it, that a woman, innocent and not charged at all with the offences of her husband that was created to be an helper to him, should, in the time of his imprisonment and affliction when hee needs most help, either be kept from him in a conjugall way, or if she will abide with him, must be made partaker of his punishments, if they were justly imposed? which kind of condition was never imposed upon the wife of any man attainted or convicted of treason, felony, or murder. For, though a man is attainted of treason that hath a wife; their marriage is not thereby dissolved: neither can they be kept asunder. Therefore we may conclude, that this usage of this suffering Gentleman for the publick liberty, is both against the Lawes of God, Nature, and Man: Against the lawes of God and Nature, as against the end of our creation: Against the Lawes of Christ, as against his ordinances: Against the law of man, as it is against the law of God, Nature, and the law of the Land.

And here we shall leave this worthy Gentleman suffering under this tyrany, and extream oppression of this Goaler, (who hath chosen rather to obey men then God;) who, if he be offended that we call him Goaler; we are able to inform him, that a predecessor of his own, Sir Gervase Elvish, who was Lieutenant of the Tower, (tam amplis modo & forma) as he now is, was indicted by the name of Goaler of the Tower of London, and hanged upon Tower-Hill, for consenting to the poysoning of his prisoner Sir Thomas Overbury. Taking occasion upon this usage of this Gentleman, to declare unto you, as we have been credibly informed from persons of good quality; the politick government of the Guardian of this prison, and his warders, for exacting money out of their prisoners.

First then, when a prisoner comes new in, or that is committed thither and not yet come; an Enquest is made by the Warders, what that prisoner is, what estate he hath, and whether he be like to pay wel; and if he be, each man is a suiter to the Lieutenant, that he may have the keeping of him: Perhaps if he be a good Fat one indeed, a Bribe is given, or some Reward promised at least, to the Gentleman Goaler, (a new erected Office, and an intruded Officer, as we shall shew hereafter) to procure the custody of that prisoner. If a Bribe or a Reward be not given; then the Lieutenant bestowes the prisoner upon his Warders, as they are in favour with him: as the great Turk doth his Concubines upon his Bashawes. And then the Warder is obliged to scrue his prisoner for the Lieutenants advantage; which hee commonly doth by these courses: First, he is kept close prisoner for ten or twelve dayes, or more, not suffered by their good wills, to speake with any body but themselves, for feare lest they should bee informed how to evade their snares. In which time, the Lieutenant tells the prisoner, that he hath placed him with an honest Keeper in his favour: And the Keeper tells him, that the Lieutenant is a very noble Gentleman, that he will desire nothing but what is due to him by the custome of the place; and brings him to a contract of five shillings a week, which he claimes for his own fee for attendance upon him; and 20 shillings a week, or thereabouts, for his lodging, if he lodge in the Warders house; and of some, more; and some, lesse. When that is done, the Warders tell him, That there are fees due to the Lieutenant: and desire them to think of it to prepare their way to a further liberty (being all this while kept in their Chambers.) Which, when they have contracted for, with their Warders, if they are lodged in their Warders or Keepers Houses; then they fall to work for the Lieutenants fees: and the Lieutenant avowes theirs; and so Mulus mulum scabit. This being done, the Lieutenant sends out his Beagles, of which, this Gentleman Goaler is alwayes one, being his chiefe Eare-wigge, and of the Quorum too; he comes and tells the prisoner, There are fees due to the Lieutenant. If the prisoner asks, what is due; he will tell you, that there is 100. l. due for the admittance of an Earle, 80. l. for a Baron, 70. l. for a Knight and Baronet, 60. l. for a Baronet, 50. l. for a Knight, and 40. l. for an Esquire: and that there is 30. s. a week to be paid by every prisoner for liberty to buy and dresse his own meat. Where you may observe, that here is not onely an excise put upon the honor of persons of quality; but upon their mouthes too, besides that which the States have put upon their meat: and that, it seems a preposterous course, that a man should be brought perforce to a prison, and against his will, and be [Editor: illegible word] forced to pay for his admittance to a Goale, as to a Copy-hold, or some other matter of benefit. If you will ask him how it appeares these fees are due: his answer is, That Mr. Lieutenant is not so earnest of mony, but that if the prisoner be not provided, he will stay for those fees till you can procure money. And by this means wring a promise out of the prisoner if he can: and if the prisoner give but the least hope of payment, though it lookes not towards any undertaking to pay any of those fees; This Gentleman Goaler is to affirm (and swear if need be) the prisoners promise. Shortly after the Lieutenant will (peradventure) send his Clerk to demand your fees and weekly payment of 30. s. which he calls by the name of Composition money. And if the prisoner stand upon it that nothing is due: then he will tell you, You promised to pay, and therefore are bound to pay, if there were none due. But if you ask him, how long those Fees have been paid? He will tell you, Twenty one yeares; and that makes a prescription: whereby we learn, that 21. yeares make a Goalers Prescription. Quodnota benè. if you return him empty-handed, then he brings you a thundring message, or perhaps, letters from his Master; wherein he tells you, If you will not pay the fees demanded, you must keep your chamber. And after that, if you walk but abroad out of your chamber, hee'l threaten to set a Sentinell at your doore (the first time that ever we read of [Editor: illegible word] Sentinell in the office of a Goaler.) And afterwards (peradventure) if you pay him not; he comes in person to you, and tells you, He cannot live without money. If you ask him, how he prove it to be due, he will tell you, that he finds it by his Predecessers books. Sir John Conyers, and Sir Allen Apsleys: and this is Title enough to an extortion.

These passages put us in mind of a Story that we have read in Rhamusio, of a great Desart of tartary called Lop, where are store of wild Beasts; amongh the rest, there is one that is like a Lion, but is not, and he hath alwayes two small beasts, which are called Jackals, and are like Foxes, but are not Foxes. These Jackals, they follow the prey close at the heeles, and hunt it till it be weary. The greater beast followes after grunting at a distance. When these Jackals have wearied the prey, this counterfeit Lion comes, and seises upon it, and fills his paunch and leaves the rest to be devoured by the lesser Whippets; and between the one and the other, there is no harmlesse beast that is not wholly eaten up, being once seised on. Just so is the poore prisoners case. And we shall observe this further, that as the Divell, when hee tempted our blessed Saviour, as you may read, Matth. 4. 6. could cite this part of the Scripture, Cast thy selfe down, for it is written, He shall give his Angels charge over thee: But concealed another part of the Scripture which made against his ends, to wit, It is written, Thou shalt not tempt the Lord thy God: So deales this Lieutenant, or Grand Goaler, West, with his prisoners: for, all that makes against his title to his fees, he leaves out in his allegation to his prisoners: of which, that he may not plead ignorance hereafter; wee shall tell him his pretended title to these fees. In the time of Sir Allen Apsley, much about 21. yeares since, when he was Lieutenant of the Tower, there were divers prisoners in the Tower that were poor, and lay upon his hands for maintenance, of which hee informed the then Lords of the privie Councell, and petitioned that he might be allowed competency for their maintenance out of the Kings Exchequer. The Lords (according to law) ordered that he should have 3. l. a week, with increase according to their qualities, allowed for each prisoner to maintain them in diet, (for they being the Kings prisoners, were by law to be maintained by the King.) Sir Allen Apsley having procured this order, and some of his Successors after him, did contract with some of the Warders, or Victuallers in the Tower, to diet those, sometimes at 30. s. per week, sometimes at 20. s. per week, sometimes at 35. s. a week, as they could agree; whereby Sir Allen Apsley put up into his purse 30. s. a week, or more or lesse, upon allowance of every prisoner, and had his full pay out of the Kings Exchequer. This was entred into their Bookes, as a gain to them. And being grounded upon a Cheat, is now become a president of future extortion, being confirmed by a Goalers Prescription of 21. yeares. But wee would have them know, that if every thing that hath been practised 21. years bee lawful; they may as well goe to Suiters-hill, and there take purses as to demand those fees. Besides, we desire them to take notice, that by this Parliament, the foundation of this pretended duty is taken away by that Act of Parliament which takes away the power of the Councell-boord.

But wee have done with the pretence of their fees: wee now come to shew, that this Office of Gentleman Goaler, is a new erected office, and a grievance to the subject, being created within time of memory: and consequently, no fees due to him, though he pretend to a fee of 50. s. at the prisoners going away, For this Officer, (one Yates) to tell the truth, is but the Lieutenants man; and if he be a Gentleman Goaler, it is to be doubted he is a better man then his Master: for we make a scruple, Whether a PORTER of a Colledge in Bishopsgate-street can beget a Gentleman. But whatsoever he be, being of an old Yeoman of the Guard, become a young Gentleman Goaler, he knowes how to lick his fingers, and make profit out of the plague it selfe. For wee could tell you, that when a Gentleman the last yeare a prisoner, was closely locked up, and the plague round about him, and in danger to be infected, desired him to speak to the Lieutenant, that he might be removed; he brought him word, that unlesse he would give him ten pound, hee could not be removed. The Gentleman made answer, that hee had not so much money; but all that he had, he would give him, if he would procure him to be removed. The summe agreed, was 20. s. which this Gentleman Goaler took and put in his pocket, and never came at him more in ten weeks space, let the plague take his course with the poore prisoner: And that albeit the Gentleman complained to the Lieutenant of this unjust and fraudulent dealing, and did desire that either he might be compelled to make restitution, or otherwise to give it to the poore, or into the Warders Box at Christmas; yet the Gentleman could obtaine neither. Here is Mulus mulum scabit again. We could tell you, that the prison lodgings have been, and are let out to prisoners at 20. l. some more, some lesse, per annum. We could tell you of 10. l. taken of a Gentleman that was sick, and made a close prisoner, for to have liberty to walk in fresh aire out of his chamber some 4. or 5. times the length of a Cannon. We could tell you another, that by no Rule of Instruction, or Warrant, was to be kept close prisoner, and yet was so almost a yeare because he would not give 10. l. to walk the length of a Mast-pole. We could tell you of a Gentleman of quality, of above 70 yeares of age, after hee had his enlargement from the Honorable House of Commons, was detained in close prison 20. weeks, because he would not pay such fees as were demanded; and a demand of above 330. l. made of him for these pretended extortions and unjust fees: Nay, a boord nailed up before his window, to prevent him for taking any fresh aire, and a Sentinell set at his doore to keep him in his chamber. A new way of these monstrous Tyrants, to excise the Aire.

We could name a prisoner that for six moneths together in the Tower, had a Sentinel kept at his door to keep him in his lodging; yea, when he was sick, and had contracted that sicknesse and infirmity by a tedious close imprisonment. We could tell of the prisoners Beere and Wood stopped, and their servants kept from them, because they would not pay such fees as were demanded: And when the prisoners sent to the Lieutenant to have their Beere and Firing; his answer was, That he wanted money. HERE ARE THE FOURE ELEMENTS EXCISED TO THE POORE PRISONERS. Nay, wee could tell you of some that were shut up for eating of Venison, and to make their peace, must drop something, a parcell of 20. l. or something else: For we must keep our fingers in use. Nay, there is but few of these ravening creatures, but he hath all the inventions his wit can reach to excoriate their prisoners. We could tell you how prisoners are valued: Some have been valued at 5. s. a week and diet: Another at diet only; athird hath been offered to be exchanged with 20. s. [Editor: illegible word] Nay, we could tel yon of a prisoner that was made in joincture to a Warders wife, who contracted by Articles upon their mariage, that his wife should have the profits proceeding of his prisoner. Which proceedings puts us in mind of that story we read in Lucian, who saith, that Homer upon a time had drunk too much of the sweet wine of Chios, his native Countrey, and fell a spewing; and there came Pindarus, and Virgil, and Homer, and a great many more, and lickt up his spewings, and thereby became inspired with Poetry, every one according to the quantity of the spewings that he lickt up. So these Goalers, upon the dissolution of Regall Authority, each of them hath lickt up a part of the spewings of it, & are become exercisers of this illegal arbitrary power, so far as their Wits will give them way, to the extream vexation and oppression of their prisoners: Insomuch that the poor prisoners doe wish with holy Job, That they had been as an hidden untimely Birth, or as Infants that never saw light, who are in that place, where the wicked cease from troubling, and the weary be at rest where the prisoners rest together, they hear not the voice of the oppressour: wherefore is light given unto him that is in misery, and life unto the bitter in soule? Job. 3. 16, 17, 18, 20. Yet, tell Mr. White, one of the best of the bunch (though there are some honest men amongst them) and one that would deserve to be esteemed a moderate man, (if he would give over his rayling and scribling of foolish Books against the dissenting-brethren, and men in affliction) of any of these practises; his answer will be; why, sure it cannot be? my Lieutenant is a Saint, a godly man, & one that never did any man any wrong, no, nor would do it, to gain a world: He is a man that is very diligent in taking Notes at Sermons, and goes to repetitions often, and does nothing, but what he doth by the Order of the Committee for the safety of the Tower; and surely, hee is wronged. Which puts us in mind of a merry story we read in the History of Reynard the Fox.

“Vpon a time, the Lyon proclaimed a great Feast, and invited all the Beasts of the Court; amongst divers beasts that came thither, the Panther came, and made a great complaint against Rynard the Fox; which was, that hee had (feyning great devotion) promised unto Kyward the Hare, to teach him his Creed, and to make him a fit Chaplain for the King, and did sing Credo, Credo, to him: the silly Hare believing, the Fox would have kept his promise, and have taught him to sing Credo, and become a good Chaplain for his preferment, came between his legs, but he was no sooner there, but in stead of teaching him his Credo, the Fox snapt at his throat: and if the Panther had not come in, & rescued him, the Fox had there devoured the Hare. When this complaint was made, Grymbard the Brock, that was Reynards sisters Son, answered for his Unkle,

“My Uncle is a Gentleman, and a true-man, he cannot endure falshood, he doth nothing without the Councell of his Priest, hee eateth but once a day, he liveth as a recluse, he chastiseth his body, and lives only by Almes, and good mens charities, doing infinite penance for his sins; so that he is become pale and lean with praying and fasting, for he would fain be in Heaven.

But whilest Grymbard was making this defence, in comes Chanticleer the Cocke, clapping his wings with dolefull cry, and accused Reynard for murthering his faire Daughter Coppel, and that hee had eaten her, and that Grymbard had eaten the bones which Reynard left.

We promise you, Mr. White, a shrewd evidence against Reynard: neither, though that Reynard pleaded, this was done by advise of his priest, and was paler and leaner with fasting and praying, then your Lieutenant is; yet it did not excuse him.

And you may remember, Mr. White, that there is an out-cry against the Lieutenant, that albeit the honourable Houses of Parliament, have made an Ordinance, that prisoners in the Tower of London should be brought to the Bar of the Kings Bench by Habeas Corpus, to the end, they might be charged by their Creditors for their just debts, and removed to the Kings Bench; Yet the Lieutenant did refuse to obey an Habeas Corpus in that case, upon pretence that there were fees due unto him from the prisoner which was to be removed: and for the same, he is ordered, upon a pain, to bring in the prisoner the first day of the next Terme, the Judges not allowing that a good plea.

And as we remember, Mr. White, when your wife distrained your prisoners Trunk, your Lieutenant awarded the prisoner to pay 4. l. for the redemption to you before he could have it: So that, Mr. White, you playd Grymbard here: nor can the Lieutenant free himself, by saying he did these things by order of the Committee; for we are confident, that the Committee are persons of that piety, honour, integrity, & justice, that they would not stain their names with command of such barbarous tyranny as hath been practised against the poor prisoners, their Wives, Ladies, and Children in that prison.

Therefore, we do assoyle them, and leave it at Mr. Lieutenants door, till he plainly and evidently remove it further; And because Mr. Lieutenant, or any that he employes for the guard of his prisoners may know their duties of their places the more cleerly, and may not pretend ignorance for usage of their prisoners; we have thought fit to publish the Lawes that have reference to Gaolers and Keepers of Prisons: which Lawes, they upon their several penalties are to observe, and the people to preserve as a main badge of their Liberties, least by the niglect of them; an insensible slavery be drawn upon them.

Now, concerning the lawes of prisoners, and the usage of prisoners; we find by the common law, Quod Carcer ad cominendos non ad puniendos haberi debet, as Bracton l. 3. f. 105. Gaoles are ordained to hold prisoners, not to punish them: For, imprisonment by the law, is (neither ought to be) no more then a bare restraint of liberty, without those illegall and unjust distinctions, of close and open prisoner, as appears by Stamf. pl. Cor. f. 30.

Yet we know some kept close prisoners in the Tower almost 3, years, committed only by Warrant of a single Peer, (a most horrible oppression.)

And therefore Bracton f. 18. saith, That if a Gaoler keepe his prisoner more close then of right he ought, whereof the prisoner dieth; this is Fellony in the Gaoler.

And Horn in the Mirrour of Justice, p. 288. saith, That it is an abusion of the law that prisoners are put into Irons, or other pain, before they are attainted.

And p 34. 36. he reckons the sterving of prisoners by famine, to be among the crimes of homicide in a Gaoler.

And we find 3. E. 3. Fitzh. Tit. pl. Cor. 295. That it was Felony at common law in Gaolers to compel their prisoners by hard imprisonment to become Approvers, whereby to get their goods: which law is since confirmed by the statute of 14. E. 3. c. 9. with some inlargement, as to under-keepers of prisons, and the penalty of the law: and that Gaolers having done this, have been hanged for it; you may read 3. E. 3. 8. Northampton. Fitzh. pl. Cor. 295. and else-where: but this for a taste to them. Wee now come to shew what fees are due to them.

The Mirrour of Justice, p. 288. tells us, that it is an abusion of the law, that prisoners or others for them, to pay any thing for their Entries into the Goale, or for their going out: this is the common law; there is no fee due to them by the common law. See what the statutes say.

The Stat: of Westm. 1. c. 26. saith, that no Sheriffe, or other Minister of the King, shall take reward for doing their Offices, but what; they take of the King, if they do: they shall forfeit double to the party grieved, and be punished at the will of the King. Under this word Minister of the King, are encluded all Escheators, Coroners, Gaolers, and the like; soe Sir Edward Cook 2. part of his Instistitutes, p. 209. affirms, and agreeable is Stamf. pl. Coron. 49. a. Nay, by the statute of 4. E. 3. c. 10. Gaolers are to receive theeves and felons, taking nothing by way of fees for the receipt of them: so odious is this extortion of Gaolers, that very theeves and felons are exempt from payment of fees.

And we find in our Law-bookes, that no fees are due to any Officer, Gaoler, or minister of Justice, but only those which are given by Act of Parliament: for if a Gaoler will prescribe for any fees, the prescription is void; because against this Act of Parliament, made 3. E. 1. being an Act made within time of memory, and takes away all manner of pretended fees, before; and wee are sure, none can be raised by colour of prescription, since: and therefore we find by the bookes of 8. E. 4. f. 18. That a Marshall or Gaoler cannot detain any prisoner after his discharge from Court, but only for the fees of the Court, the Court being not barred by this statute of Westm. 1. afore-mentioned; and if he doe, he may be indicted of extortion; and agreeable to this is the book of 21. H. 7. f. 16 where amongst other things, it is held for law, that if a Gaoler or Guardian of a prison, takes his prisoners upper garment, Cloak, or money from him; it is a trespasse, and the Gaoler shall be answerable for it: (this is a note for the Gentleman-Porter of the Tower) so that we may undeniably conclude, that there is no fee at all due to any Gaoler or Guardian of a prison, from the prisoner (but what is due unto him by speciall Act of Parliament.) And if a Gaoler or Guardian of a Prison shall take any thing as a fee of his prisoner, he may, and ought to be indicted of extortion, and upon conviction, to be removed from his office; And if his prisoner by constraint, menasse, or dures, be enforced to give him money, he may recover that money against the Gaoler again, in an Action of the case, to be brought against him as his Bayliffe per accompt rendre.

And it is fit to be remembred also, that whilest prisoners are in custody, having nothing of their own to maintain them, being either despoyled of their estates or goods by plunder, sequestration, long lying in prison, or otherwise; “That the prisoners in all the Kings prisons should be maintained at the Kings charge, & out of the Kings Revenues, according to the old law of the Land. Bracton said thus, Prisones imprisonati; antequam convicti fuerint, de terris suis desseisiri non debent; nes de rebus suis quibuscunq; spoliari: sed, dum fuerint in prisona; debent de proprio in omnibus sustentari, doneo per judicium deliberati vel condemnati fuerint; which we English thus, Prisoners detained in prison, ought not to be disseised, or put out of their lands and free-holds, nor spoyled of their goods before they be convicted: but, they ought to be maintained of their own goods and estates in all things they want, untill by judgment they are either acquirted or convicted. Nay, we say further, that if prisoners have not whereof, of their own to live; they ought to be maintained, according to their qualities, out of the Kings revenue, and at his charge, whose prisoners they are; and this is according to the fundamentall lawes of the Land, and is a liberty inheritable, belonging to the free-born subjects of England: but if wee look into the prisons of these said times; Oh! what horrible oppressions, extortions, cruelties, and most unchristian-like tyrannies are exercised and practised upon the free-born subjects of, England in all prisons within the kingdome, by these sons of Belial, these ravening Harpies, and tormenting Gaolers, whom we may properly call the Divels Deputies, that rack even the very bowels, and feed upon the very livers of their prisoners, sucking away the very blood that should give life to their bodies, from them; what lamentable cryes, sighes, and groanes, doe wee hear from every corner of this kingdome; especially of this City, from the poor, starved, oppressed, life-wearied prisoners, shut up & inclosed in the Dungeons and Prisons in all places? What horrible lamentations, imprecations, and curses are uttered, and sent up to God Almighty, in anguish of mind, and bitternesse of spirit, by these poor prisoners, their wives and children not onely against their tormenting Gaolers, but also against those Priests of the body politique, those Country-Committees, who have turned the wives and children of poor prisoners a begging, and sent them up to sterve in Prisons and Dungeons, under the hands of mercilesse Gaolers, with their distressed Husbands and Parents, having not only their goods and free-holds taken away from them; which by law should be their support in prison: but what also they beg or borrow, is extorted from them by these ravening, mercilesse, and oppressing Gaolers, and their Ministers.

We therefore, the free-born people of England, having seriously weighed and considered with our selves; that by these lordly powers and sentences executed upon us by that sentence of the house of Peers upon Lieut. Col. John Lilburn, a free-born English-man, and one that hath so often with his sword in his hand for the redemption and reviving of our declining liberties, adventured his life in the field against the Royall intruders, and out of hatred and detestation to the execrable and odious oppressions of Committee-men, Gaolers and other inferiour Ministers of this present State, having an earnest desire and resolution to enjoy our liberties, which with our dearest bloods, and with the losse of so many lives of our dear brethren, and vast expence of treasure wee have purchased; and being of nothing so much affected and enamoured, as to live under the happy and flourishing estate of this ever renowned Parliament, the most honourable Commons, whom we have chosen & intrusted for us to sit at Westm. as Guardians of our Birth-rights, and most powerfull Tribunes of the peoples liberties, and who have made so many pious and feeling Declarations of their mindes now in print, concerning our by-past thraldome, with most solemn Protestations, and execrations upon themselves, of their serious intentions, to maintain the lawes and liberties of the free-born Subjects of England, and that SALVS POPVLI shall be to them, their SVPREMA LEX,

Yet out of our dayly feeling of our ensuing miseries, & a cleere fore-sight of a future and speedy ruine of this present State (which above all things under heaven we desire to advance) if it be not by the wisdome of these our most honoured Patriots prevented; doe most humbly addresse our informations of the grievances & present evils, and advices for reformation of the same, to our most renowned Trusters; not doubting, but they in their profound wisdome, will both receive them benignely, prudently ponder them, and seriously and timely endeavour to prevent the growing mischief, by their indulgent and serious care and circumspection: To you then, Oh! you most honourable Tribunes of the People, preservators of the Common-wealth, and chief Guardians of our Laws & Liberties, we apply our selves as next under God, the surest Instruments of our earthly felicity; And, we do most humbly implore & beseech you to free us from all lordly, illegall sentences, and tyrannicall powers and executions whatsoever: wee intreat and exhort you to hear and determine Lieut. Col. John Lilburns appeale to you the Commons representative of England from the Lords house; we will not presume to direct you, what is fit to be determined in it, for we neither can nor will distrust either your Judgment or Justice: but this we humbly beseech you to consider, that in your judgment upon him shall be involved the liberty of the whole Commons of England: and think it not a Trouble to your selves to be importuned in this particular, but give speedy dispatch therein to your Petitioners, since that a Republique that is well ordered, ought to give easie accesse to those that seek Justice by publique meanes.

In the next place, our desires are, that since this great inrode upon our liberty, is occasioned by an Impeachment or Accusation made in your house against Col. King, which yet there depends undetermined; that you would hear and determine that Impeachment, and bring the Offendor to condigne punishment, and not only Col. King, but all others whom you haue trusted in this late War, and have fayled in their trust: What though the war seeme to be at an end, and you have effected your desires, and these men have at some time stood you in stead, and at first proved faithfull and were strongly assistant to you; yet, if afterwards they proved corrupt or negligent, or falsified there trust, should they therefore be pardoned? put the case, a new war should break out, and you should have need of men: think you, that those you shall hereafter employ, will not take courage by the impunity of these that are now accused, to deceive and betray you when they finde opportunity? Or, do you imagine, that these men can ever be faithfull to you? We give you these Reasons, that they cannot.

First, because they are at least under a suspition; and if they are innocent; why have they been so long kept from clearing themselves? If they be acquitted, and innocent persons, it is an injury they will never forgive you; and if they be found guilty; you will never trust them: But some will say, that they have been good members, and done good service; therefore they ought to be pardoned. To which we answer, Let them be first tryed, and if they are found guilty, use your discretions in mercy toward them: but withall, remember, that the wisest and best governed States in the world, never yet pardoned any man for a notorious crime committed against the Common-wealth, for any good services before done to it.

This is manifest by many examples; especially in the Romane State: The first we will present you with, is that of Horatius, where the case is thus: Tullus the Roman King, and Metius the Alban King, made an agreement between them, that three of the Horatii, Romans, and three of the Curatii, Albans, should fight for the Dominion of their Countries; and that, that people whose three Champions vanquished the others, should bee Lords of the vanquished Nation; The three Horatii got the victory, and but one of them survived in it; all the Curatii were slaine. Horatius that survived, and was Victor, returning to Rome, met his sister, the Widow of one of the Curatii, lamenting the death of her husband, & killed her: This fact was adjudged so heynous, that notwithstanding the victory he obtained for the Romans, they brought him to judgement. Manlius Capitolinus, notwithstanding that hee had valiantly defended the Capitoll of Rome against the invading Gaules, and by his vertue delivered the Citie of Rome from imminent danger; was, notwithstanding his good deserts, for a sedition he endeavoured to raise in Rome through envie to Furius Camillus, thrown headlong down from that Capitoll, which he to his great renown had formerly defended. So we in Machiavel his discourses upon Liv. l. 1. cap. 23. 24. 26. More examples we might find in the Roman State, as those of Coriolanus, Martius Livius, Æmilius, and Scipio Africanus; of whose Stories you may read at large in Livies Decades. We read likewise of Themistocles the Athenian Generall, and who was a chiefe meanes to augment the glory of that State by the great defeat he gave to the Persians at Salamis, and elswhere; having committed offences against that Government, had the punishment of Ostracisme, which was banishment for ten yeares inflicted upon him. Alcibiades likewise, after many notable victories obtained for that State, was notwithstanding for insolencies, as they conceived, committed towards it, twice banished: the last time, into perpetuall banishment. These two examples we find in the State of Athens. We might produce many more, of ancient time, of all the States of Greece; which, for Brevity sake. we omit. Only mentioning some, of latter times, in our own neighbourhoods: As, that of Charles the Emperour, who for offence given, ruined Ferdinandus Cortes that subdued to his obedience and use, the mighty rich kingdomes of Mexico, Jucatan, and other parts of the West Indies: Neither did Marshal Byron, for all his service done to King Hen. 4. of France, find at his death any merits in those services done to his offended Prince: Nor, Barnevelt in his conspiracy against the Prince of Orange, and State of Holland, though he had been eminent for former services done them against the King of Spain: Nor, in our own Kingdom, could Sir John Hotham and his sons former deserts, save their lives, which they lost for being false to the trust.

By which examples we conclude, That never any Republick well ordered, cancelled the faults of their subject, swith their good deserts. Therefore as Clement Edmunds observes upon Cæsars Commentaries, p. 174. It more importeth a common-wealth, to punish an ill member, then to reward a good act. Wee also affirm, that a State, or a Common-wealth, that will keep it selfe in good order, and free from ruine; Must cherish impeachments and accusations of the people against those that through ambition, avarice, pride, cruelty, or oppression, seeke to destroy the liberty or property of the people: So shall they keep their Estate free from envie, and secure from supplantation: for it is an efficacious meanes to continue the people in a faire obsequency, to parlie often with them upon their grievances and to provide speedy and proper remedies. We therefore humbly desire you to take into your serious considerations, the great oppressions committed by these Countrey-Committees, who thinke there is no better way to govern the kingdome, then by lying with those Concubines of Sovereignty Tyranny and Arbitrary government, as Absolom did with his fathers. These Horse-leeches of the Common-wealth, who hang upon the limbs of it, and will continue sucking out the blood of the poore Countries, till their bellies are full: and then like faule and unprofitable vermin, will fall off your service, to their own cause. If you think to bind those people to you by the oppressive profits of their places, you are deceived: For, benefits bind not the covetous, but the honest: and those that are but greedy of themselves, do in all changes of fortune, only consult the preservation of their own greatnesse. Besides, this inconveniency will attend their actions; that by making a few rich, you undoe multitudes, and lose the hearts of many, that by clemency may be gained, to inrich a few by rapine, that when they are grown wealthy, will think of nothing more then to preserve their ill-gotten treasure, and will never venture (when necessity challenges it) one drop of blood in your cause. We speak not this out of any affection to the Royall party; but out of our hatred and detestation to oppression and rapine, it being the onely meanes to overthrow this State: For it is most certain, that these people are easily drawn into Commotion, who by their poverty are assured to lose nothing; being by nature alwayes desirous of innovation. Wherefore we heartily wish the suppression of those ravenous Committees, as utterly destructive to the peace and assurance of the present State and Government. But if they shall say in defence of their actions, that they onely poll the Royall parly, and such as have been in Armes against the Parl. we wish they were so innocent as they pretend themselves, & that they would pay the Souldiers better, & cleare their accounts to their masters that have imployed them: which, when they shall effect, they shall receive our better opinion, and till that time, they must be content to labour under their crying accusations. But admitting their objection to be true; yet we are of opinion, that courteous and charitable acts, work much more in mens minds that are subdued, then those that are full of violence, cruelty & hostility. For Seneca saith, Mitius imperanti metius paretur, they are best obeyed, that govern most mildly. And Machiavel ubi supra, p. 542. observes, that one act of humanity was of more force with the conquered Falisci, then many violent acts of hostility. Therefore we wish these eager Committe-men to consider for the good of the State they pretend to serve, that it is commodious for those that lay the foundation of a new State, or Soveraignty, to have the fame of being just and mercifull: For as Justice and Clemency in good Princes or Soveraignes, are the best meanes to keep the subject fast bound unto them in obedience and duties; so are cruelty, oppression and rage, bridles wherewith tyrants keep their subjects in awe and subjection unto them, and themselves in their estates. And let these Committee-men so order their actions in screwing the Countries, that they sow not a jealousie among the free-born people of England, that they intend to hold up that common Maxime of all oppressing States, which is, That their interest is to maintain the publick, wealthy, and the particular poore; which if once the common people apprehend, they are not long to bee held in obedience: For where a State holds their subjects under the condition of slaves, the conquest thereof is easie, and soon assured. And when a forced Government shall decay in strength, it will suffer as did the old Lion for the oppression done in his youth, being pinched by the Wolf, goared by the Bull, and kickt also by the Asse, as Sir Walter Raleigh l. 5. fol. 501. wittily observes. And then when it is too late, they complain of their hard fortune; for sorrow can give remedy to mischiefes past, and anger is vaine where there wants forces to revenge. Correct those mercilesse sons of Cerberus, those greedy Goalers excessive demands, and extortions of fees from their distressed prisoners. Suffer not that vengeance which the complaints and groanes of those miserable and oppressed soules will draw down from the most just God for this kind of oppression; to fall upon your heads, by your connivence at, and tolleration of, their exactions. And if that cannot move you, yet let us advise you, not to permit them to create Presidents of oppression to enslave your posterity in future times. For who knowes what a day may bring forth? There is no new thing under the Sun. Therefore there is no confidence to be had in our present condition; since, as the Preacher tells us, Eccles. 1. 4. One generation passeth, and another cometh, but the earth endureth for ever. Be just and mercifull therefore, O yee Rulers and Judges of the earth, and remember that for all these things you shall one day be brought to judgment. And this consideration prompts us further to intreat and implore you to keep and observe the known, written, and promulged laws of this land: if you keep them, they will keep you. Abolish and abandon, as an infectious disease to your State, all arbitrary power, and discretionary government, in prerogative times falsly called, the Prudentiall way. There is nothing of worse example in a Republick, then to have good lawes, and not to observe them. Good government procures love from the Subject: and it is onely their love that supports a State in time of adversity. The Nations that endure the worst under their own Governours, are not greatly fearfull of a forraign yoak: whereas men when they are well governed, never seek after other liberty. That government is of all most sure, where the people take joy in their obedience, The Samnits rebelled against the Romanes, because Peace was more grievous to them in subjection, then War to those that enjoy their liberty; And on the contrary, Petillia a City of the Brutians in Italy, chose rather to indure all extremity of War from Hanniball, then upon any condition to forsake the Romanes, who had governed them moderately, and by that good government procured their love: yea, even at the time when the Romanes sent them word, they were not able to relieve them, wishing them to provide for their own safety, as we read, Livy Decad. 1. l. 3.

Therefore, it never turnes to a States advantage; to gaine the peoples hatred: the way to avoid it, is to lay no hands on the Subjects estates.

How many flourishing States have been ruined by the Avarice, Pride, Cruelty, and non-observance of the lawes by the Governours?

The people of Athens being sore urged with a War by Darius from Persia; in their great distresse, chose Critias Theramenes,, & 28. others, to be their Governours. They were elected first to compile a body of their Law, and put in practise such antient Statutes, as were fit to be put in practise: to this charge was annexed the supream Authority, either as a recompence of their labours, or because the necessity of time required it.

These Governours, in stead of making or observing the laws, fell to spoyle the people of their lives and goods, by new lawes and arbitrary proceedings; this was hatefull to the people: the end was, Thrasibulus and 70. others conspired against them, and cut them off, and restored the people to their former libertie. The Governour of the Eleans held a strict hand over their Subjects, and oppressed them: The Subjects being in despaire, called in the Spartans to their reliefe, who had no just cause of quarrell, but only an old grudge; and by their help freed all their Cities from the sharp bondage of their naturall Lords.

The Estate of Sparta was grown powerfull, and opprest the Thebans: The Thebans, though but a weak State, yet desperate of their suffering; by the help of the Athenians, found means to free themselves of their cruell yoke.

These examples, and divers others, we finde of the fall of the free Estates of Greece, recorded by Sir Walter Rawleigh, in his 3. book of the History of the world. The forceable causes of the ruine of the State of Carthage in Africa (which once contended with Rome for the Dominion and Soveraignty of the World) were Avarice and Cruelty. Their Avarice (saith Regius) was shewed, both in exacting from their Subjects, (besides ordinary Tributes) the one half of the profits of the earth, and in conferring of Offices not upon Gentlemen, and mercifull persons; but upon those who could best tyrannize over the people to augment their treasures. Their cruelty appeared, in putting men to death without mercy or justice, contrary to their Lawes. Wee read in Guicciardine, that Pisa revolted from, and maintained 10. years sharp Wars against, the State of Florence, and would not submit to her yoke, by reason of the hard impositions laid upon her by the Florentines, but chose rather to put her self under protection of Lewis the 12. of France, a forraign and an hard master. We know that an imposition of the tenth penny upon the Inhabitants of Holland, and the execution of arbitrary government by the Duke of Alva, lost the Dominion of the Netherlands to Philip the second, King of Spain. Wee could tell of the often revolts of Genoa from the Kings of France, of Siena, Lacquis, Modena, Regia, Vincensa, Padua, Cremona, Millain, and other Towns, and Provinces of Italy, from the States whereon they have depended, even from Venice (that only free State well governed in the world) by reason of the avarice, cruelty, pride, and injustice of their Governours.

We could tell you, how the Duke Valentinois, or Cæsar Borgia lost his new Conquests in Italy, by his pride and cruelty over the vanquisht people.

We could remember, how Alphonso and Ferdinand, Kings of Naples, lost their dominions and lives, by their extream tyranny over the Nobility, Gentry, and Subjects of their Realm.

We could tell you, how the Syracusians, Leontines, and Messenians, and other States of Sicillie were stripped of their Dominions, and fell into the hands of their neighbours the Romanes, by their great cruelty to their own Subjects. Wee could find particular instances and examples, in all Empires, Kingdomes, and free States that have been since the Creation of the World; that the Princes and Governours, for their tyrannie, and not due observing the Lawes of their Countries, have been banished, expelled, and put to death by their Subjects.

Ye know well enough, that Rehoboam lost 10. Tribes for an harsh answer to a petioning people, 1 King. 12. 9.

We could give you some Scriptural-examples of free-States; but that we find none mentioned there; but conclude, that there was never any State, more glorious, more free, more carefull of preserving it self, then that of Rome; and yet she fell too, and never recovered her former libertie.

The Romanes, out of a fore-sight that her ruine would come upon her by the oppression and avarice of her Governours, made a Law, de repetundis, or of recovery against extorting Magistrates; yet it served not to restrain their Provinciall Governours, though it relieved the Citizens at home, which was one of the two causes of Romes ruine: for, as Machiavel in his Discourses upon Livy, l. 3. c. 34. observes, that these two things were the causes of that Republiques dissolution; the one was, Contentions, which grew upon the Agrarian Law, or partition of conquered Land among the Citizens: the other was, the prolonging of Governments, viz. Dictatorships, Consulships, Generalships, Tribuneships of the people, and such like great Offices: for, by these meanes, those great Officers had meanes and power to raise armes against the liberty of the people: Sylla and Marius by this meanes could find Souldiers to take their part against the Publique; and Iulius Cæsar could find meanes hereby to make himself Lord of his native Country and Country-men.

These things we alleadge not, as if we suspected any of you, (O ye noble Patriots) to be guilty of any of these crimes, that may either hazard the continuing of the present Government, or destroy the publike liberty; but to awake you, and put you in mind to provide fit remedies against these growing evills, whereby you may procure safety and peace to the Common-wealth, and everlasting honour to your own Names and Posterities; for they are to be thought worthy of honour, not which begin, but well end honourable Actions.

And we beseech you, not to take it in ill part from us, that we offer our humble advices to you in these particulars; since we the people, conceive it our duty, to shew unto our Governours, that good, which by reason of the malignity of the times and of fortune, we have not been able to do our selves; to the end, that you our Senators, being given to understand thereof, some of you whom God shall more favour, may put it in practise for the publike good.

Neither is our opinion to be despised: For it is a sure Maxime, that the people are of as clear judgment in all things that conceive the Publique, as any, and as wise, and circumspect concerning their liberties, and are as capable of the truth they heare. We know that Common-wealths have never been much amplified, neither in dominion nor riches, unlesse only during their Liberties; for it is no mans particular good that amplifies the Kingdome. We know that those that haue in their hands the Government of a State, ought to increase the number of their free Subjects, and make them as their Associates, and not Vassals. We know that it is more honourable and profitable unto a State, moderately to use their Subjects meanes, thereby to keep their State in perpetuity, then through covetousnesse to devoure them in one day, and in their losse to undoe themselves for ever. We know that Tyrannie is a violent forme of Government, not respecting the good of the Subjects, but only the pleasure of the Commanders. We know that it is better to live under an hard and harsh known written law, where every man may read his duty, and know his offence, and punishment; then under the mildest arbitrary government, where the Subject is condemned at the will of their Judges, without any certain or known Rules, how specious or just soever the pretence of this kind of proceeding may be. Wee know that the pretence of necessity in a Prince or State, is but the Bawde to Tyrannie; And, that Tyrannie is more odious in a State we desire to maintain by love, then in a Prince that seekes to bring it upon his Subjects by force. Wee know, that those States, that call all the endeavours of their subjects, only duty and debt, and are more apt to oppresse their people, then to do them Justice, shall find themselves upon the first change of fortune, not only the most friendlesse, but even the most contemptible and despised of all other.

And we fear, that notwithstanding all our desires of the preservation of this State; there will be little amended, till by sad experience, the truth of our conjectures in the hazard of this Common-wealth, are made manifest.

For we know, that all men are better taught by their owne errours, then by the examples of their fore-goers: but if our earnest desires and humble supplications, shall either with scorn be rejected, or with negligence disregarded, to the apparent hazard of the publike liberty, and most desirable State we wish to support; we hope that God will raise up some noble English Romane Spirit, such a one as Caius Flaminius, who as Sir Walter Rawleigh l. 5. p. 357. observes, for the preservation and maintenance of that Common-wealth, understanding the Majesty of Rome to be wholly in the people, and no otherwise in the Senate, then by way of delegacy, or grand Commission, did not stand highly upon his birth and degree, but assisted the Multitude, and taught them to know and use their power over himself, and his fellow-Senators, in reforming their disorders; and vindicating the publike liberty of his Countrey: In, and for which, we are resolved to dye: and which we wish may alwayes flourish, and continue for the perpetuall benefit, utility, and renown of all the free-born Subjects of England.

FINIS.

The Publisher to the Reader.

COurteous Reader, in regard Lieu. Colonel Lilburns Charge and Sentence in the Lords House, and their Orders thereupon, are not as yet in any Book printed, but in this Vox Plebis; although there is, in several Books, much of his cruel usage, by vertue thereof; published: I shall desire thee to read his own two Books, called, Londons Liberty in Chains discovered, printed Octob. 1646. And his Anatomy of the Lords Tyranny and Injustice exercised upon him; printed Novemb. 9. 1646. which two compared with this, doe fully and amply declare and prove all the Lords proceedings with him to be most illegall and unjust. And as thou readest the fore-going Discourse; with thy Pen amend these following Presse-faults.

Pag. 2. line first, (for irepairable, read irreparable.) p. 4. l. 15 (for as protected, read is protected. and l. 37. for Marrow of Iustice read Mirror of Iustice.) p. 6 l. 5. for their subiects, read the subiects.) p. 9. l. 32. for contentment read contenement. page 12. l. 19. for May 16. H. 6. read Mich. 16. H. 6. p. 15. l. 28. read outlawed but by. p. 16. l. 20 for aed read and. p. 17. l. 14. for dye read dine. p. 18. which should be p. 20. l. 9. for vinvocally read universally. p. 21. l. 18. for torvous read torcious. p. 22. l. 27. for witnesses read Writs. l. 34. for Astutia read Atia. p. 24. l. 4. for rediendo read redeundo. p. 28. l. 4. & 5. read in interest for in in interest. l. 25. for inflame read inslave. p. 29. l. 10. for improved read impowered. p. 30. l. 1. read conceiving for concerning. p. 37. l. 17. read quod for quid. p. 47. l. 7. read question for questistion. p. 57. l. 35. read pests for Priests. p. 62. l. 12. read the people for these people, l. 13. read commotion for commontion. p. 63. l. 14. for can give remedy read can give no remedy. p. 66. l. 21. for the Agearian law read Agrarian law. p. 67. l. 11: for conceive the publick; read concern the publick.

FINIS.

T.83 (10.8) John Lilburne [with Overton], An Unhappy Game at Scotch and English (30 November, 1646).

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T.83 [1646.11.30] (10.8) John Lilburne [with Overton], An Unhappy Game at Scotch and English (30 November, 1646).

Full title

John Lilburne [with Overton], An Unhappy Game at Scotch and English. Or A Full Answer from England to the Papers of Scotland. Wherein their Scotch Mists and their Fogs; their sayings and gaine-sayings; their Juglings, their windings and turnings; hither and thither, backwards and forwards, and forwards & backwards again; Their breach of Covenant, Articles, & Treaty, their King-craft present design, against the two houses of Parliament, & people of England, their plots and intents for Usurpation and Government over us and our children detected, discovered, and presented to the view of the World, as a dreadfull Omen, All-arme, and Warning to the Kingdome of England.

Ier. 5.4. And although they say, the Lord liveth, surely they sweare falsly.

Hosea 10.3. They have spoken Words, swearing falsely in making a Covenant: thus judgement springeth up as Hemlocke in the furrowes of the field.

Edinburgh, Printed (as truly, as the Scotch papers were at London) by Evan Tyler, Printer to the Kings most Excellent Majestie, and are to be sold at the most Solemn Signe of the Blew-Bonnet, right opposite to the two Houses of Parliament. 1646.

Estimated date of publication

30 November, 1646.

Thomason Tracts Catalog information

TT1, p. 477; E. 364. (3.)

Editor’s Introduction

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Text of Pamphlet

An VNHAPPIE GAME AT SCOTCH AND ENGLISH. Scotch Papers. Pag. 2.

Scotland.THe Parliament of England, hath no more power to dispose of the person of the King of Scotland, being in England, then the Parliament of Scotland hath to dispose of the person of the King of England, if he were in Scotland.

Ans.England. Brethren, you say very well: But the question is, whether such a disposing may be either by the one or by the other? Whether the Armies of Scotland being in England, may dispose of the King of England being in England or no, And so on the contrary? But indeed it needs not much to be disputed, for in words you deny your selves of that power, when you tell us, (pag. ibid.) that the Armies of Scotland have nothing to doe in the dispose of the King of England, yet for all this, indeeds you do assume as much as that comes to, to your selves; for though you plead your Scotish interest in the King of Sotland to countenance the fact, yet behind the shadow of that Curtaine (thus drawn before our eyes) you keep the King of England from England, & so consequently King it over England behind; which we are consident would by your selves be condemned in us, in case you should be so dealt withall by the Armies of England, for we cannot judge that the Armies of Scotland would count in lawfull for the armies of England, if they were in Scotland, for their assistance, to deny them the delivery of the King of Scotland: Because being in England they refuse to deliver him to England, according to the votes and desires of the two Houses of England. Therefore we judge, that Scotland would much more claime that priviledge in him, being in Scotland; for if they will claime it out of their bounds where they have no right of authority, they will much more claime it within the bounds of their dominions, where their power is intire to themselves.

Therefore it is not well done of our deare brethren of Scotland, thus to cast a Scotch mist before the eyes of their Brethren of England: For though (as before) verbally they disclaime all power in their armies, for his disposall without the joynt consent of the two Kingdomes, yet (as deare Brethren) their armies have received, entertained and kept him even in his person, and that before the joynt consent of the two Kingdomes, and absolutely against the will and desires of ours. So that the King of England, and the King of Scotland is disposed of by the armies of Scotland, without the consent or advice of either Kingdome. We hope our deare Brethren will not say, their armies received advice and direction for his entertainment from the Kingdom of Scotland, for that were a capitulation with him, without the privity and conjuncture of England, which by them pag. 6. is disavowed.

But in case our brethren might receive him without the mutuall consent of both Kingdomes, then why doe they stand for a mutuall consent for his delivery, for by the Lord Loudon’s own argument (pa. 25.) contrariorum contraria sunt consequentia, contraries have contrary consequents.

Therefore it they may not part with him, without the consent and advice of the two Kingdomes, then ought they not to have received him without that consent. If our deare brethren should urge, that parting with him, were a disposing of him, and that they may not do without breach of Covenant and Treaty: the like we retort by their owne rule of contenries, concerning their receiving of him: for receiving is by the said rule as much a disposing as parting with him, so that if our deare brethren be men that are true to their owne rules and principles, we may conclude, that if they will not part with him without the consent of the Kingdome of Scotland, that then they had the consent of the Kingdome of Scotland to receive him, before they did receive him, but our deare brethren doe affirme the one, pag. 8. therefore from the truth and fidelity of our brethren, we may well conclude the other.

Oh! what shall we say or think now of our brethren? are they not of divine Covenanters, become cheating Juglers. For let any man judge, whether the keeping the Kings person at New-Castle without our consent, be not as absolute a disposall, as afterwards the sending of his person to White-Hall, Richmond-House, Hampton-Court, or else where, by the joynt advice and consent of the two Kingdomes. They would differ in manner indeed, but not in the nature of the thing, and the nature of the thing, is the matter in hand: The difference would be but in an Accident, namely the addition of our consent; it is now without it, it could then be but with it, and both’s a disposall: Yea, though it should be without this consent either of yours or ours: For an accident may be wanting and the subject remaine.

But to colour this disposall from the censure of their act, our brethren doe tell us, that

Scotland.He came voluntarily, and continues voluntarily

England.Ans, It seemes, from hence you would inferre, that the Act of that disposing of his person is by himselfe, and not by you. But for answer thereto, consider your own grounds: By the Covenant and Treaty you urge, that his person is solely and intirely to be disposed of by the parliament of both Kingdomes, and not singly, or by a third, but by the joynt advice and consent of both: Therefore from this grant of yours, your Armie neither had nor hath any power individually to make or medle with his person, or in the least wise to dispose of it, no, not for a minute, in this place or that place, for this or for that, or till things should be so or so, therefore your Act of entertainment of his comming, was (by the just sequell of your owne ground) an actuall disposing of his person, pro tempore, even as well, and as really, as if you should dispose of it for ever, for the difference would only be in the protract of time, not in the nature of the thing.

Further, the thing betwixt the two Kingdomes by the Conant and Treaty, is not what he might doe, but what the two Kingdomes thereby are mutually bound to doe, for the Covenant and Treaty was not made with him, but betwixt the two Kingdomes: So that his voluntary Act was nothing to your nationall duty and obligation, for his personall will was no wise included in the condition thereof: Then was neither his personall assent nor dissent required to the making either of the one or the other.

So that his voluntary comming or staying, is neither here nor there to your act: for this receiving and retaining (though voluntary by him) is as well an actuall disposing of yours (though not in that aggravation) as if you had fet him, and continued him by force, or constraint as you call it: And therefore the act of your receiving and keeping his person without our consent, is that against which we except: It is not about the manner how, whether by his will, or by your force, that our difference is stated, but about the definitive matter of disposition it selfe; although with your manner how and the like, you would delude us, and divert us from the state of the question, reasoning from the manner, and so concluding against us in the matter, when indeed you should reason from the matter, and then it would be otherwise. Therefore your receiving and continuing, is an absolute possession and disposing thereof, and so it is your act.

Besides, he could neither enter nor continue, without your consent. For can a well fortifyed City be entered by a single man, without force, or therebe continued, except the Citizens please, and is not your armie equivolent thereto? Therefore it is the act of your pleasure, though his be added therto the addition whereof nothing diminishing there-from: for by how much the more his pleasure and your pleasure agrees without ours, by so much the more is it dangerous and suspitious; but the concord & conjunction thereof is to such an high measure aspired, that you are not ashamed to tell us, that you will not have him delivered or disposed of contrary to his will, which must needs be his personall will, for were it his leagall will, he then would be assenting to the Orders and determinations of his great Counsell, the two Houses of Parliament, his legall will, wee are sure it cannot bee, except from the Parliament he carried with him the Soveraign power of the land, & it hath journeyed with him ever since; and now with him he hath brought it to our dear Brethren of Scotland: If it be so, then truly our Brethren have (all this while of their concurrance with us against him) been Traytors and Rebels thereto as well as our selves; yet sure our dear Brethren (if it be but for their credits) will not say so; and if they doe not, then what are our brethren now? It must needs be granted and concluded at first or at last: So that how to award our dear Brethren from Treason and Rebellion against the Soveraigne Power of this Land wee doe not see; therefore our dear Brethren might doe well with their next papers to send us a paire of Scotish-spectacles that are fit for our eyes, and their caractar, for by our English reading (printed by Evan Tyler at London) wee can read them no other as yet: Therefore in the meane time in our answer to the Will of the King, we must consider that Will, as the Will of Charles Steuart, contrary to whose Will, you will not have him disposed; so that in deed and in truth, you place the whole power of the disposall of Charles Steuart, in the Will of Charles Steuart, and make that his personall Will, the Essence of that Disposall, for the Will of Charles Steuart (if he must not be delivered without it) may contradict, null, and make voide whatever gainesaies: So that the advice and consent of the two Houses, &c. (which you so oft talke of in your papers) is but a shaddow without a substance cast before our eyes; a Nut without a kernell, that you have given us to crack; a Bone without marrow, that you have thrown in amongst us So that we can judge little better of our brethren in this, then of such as carry water in one hand, and fire in another.

Scotch Papers page 4.

Scotland.Our Armies are not tyed to be subject to the resolutions and directions of either Kingdome, but of both joyntly.

Answer.

England.If your Armies be so tyed and obliged, then how came they loose and obsolved thereof in this your reception, and continuance of his person without their resolutions? For as yet there hath been no joynt resolve of both Kingdomes about it: and thus to put trickes upon us, you play fast and loose at your pleasure.

Page 2.When you plead for your selves, you say, it is a fundamentall right and liberty &c. that none can without consent, impede or restraine your King from comming amongst you to performe the duties of a King, and with this you would cover over the act of your admission and reception of his person.

And when you reason against the two Houses, in opposition to their Votes, you tell us it is one thing what the Parliament of England might have done in another cause, and warre before their engagements by Covenant, it is another thing what ought to be done after such conditions and tyes imposed &c. whereby you would deprive the two Houses of that which before you urge for your selves; namely, fundamentall Rights &c. and utterly debar them in this difference from all retrogradation beyond the Covenant; yet your selves will run in infinitum beyond if you can urge your fundamentall Rights and liberties for you your selves, in your reception of the King of Scotland, but will not permit them upon any termes (because of the Covenant) from their fundamentall rights and liberties of the Kingdome of England, to Vote the disposing of the King of England in England.

Therefore by your favour (dear Brethren of Scotland) since thus you play at boe-peepe with your Brethen of England, we will answer your first reason with your second: It is one thing what you might have done before the Covenant, and another thing what you may doe after; but by the Covenant (even as your selves say) His person must be absolutely, & wholy disposed of by the joynt advicect consent of both Parliaments, so that by your Covenant you are bound not to medle at all singly in his disposall; eitherof so much as receiving or entertaining him.

But let us a little expostulate with our deare brethen of Scotland: is this your dealing with us as becomes brethen? Is this your brotherly conference, to condemne that in us which you will allow in your selves, first to plead your fundamentall rights and freedomes &c. And then in the next page to tell us, wee doe not medle with any of our single rights priviledges or Lawes of our Nation, &c. and a little after, unlesse wee lay aside the Covenant, Theaties, Declarations of both Kingdomes; and three yeares conjunction in this warre, neither the one Kingdome nor the other, must now look back what they might have done singly before such a strict union.

What shall wee thinke, or what shall wee esteem of our deare brethren for this? Wee know not how to excuse them of lying; but however this will wee boldly affirme to our Brethren of Scotland, that this latter argument utterly cuts off our Brethren from the refuge of what ever our Brethren might have pleaded before the Covenant, and strictly restraines all their arguments, concerning the interest of the Kingdome of Scotland in the King of Scotland, and about their fundamentall rights and liberties &c. for they all were before the Covenant, and so in this matter are quite out of date, and comes not into the compasse or nature of the dispute, even by your own bounds and limits by your selves thereto affixed: which considerations, may serve as an answer to one great part of the papers: & therefore we may wel wonder at this your manner of reasoning & cannot otherwise reasonably judge, but it is to cast a Scotishmist before the eyes of the free-men of England, on purpose to delude them.

Scotish Pap. page 4.

Scotland. The ends of the Covenant are not to be prosecuted by the two Kingdomes, as they are two distinct bodies acting singly: but they were united by solemne Covenant made to Almighty God, & by league each to other, as one intire body, to prosecute the cause.

Answer. As by this argument, you were not to meddle at all in the least kind about the disposing of his Person, not so much as to give him entertainment (that being an actuall disposing pro tempore as aforesaid) without the mutuall consent and Order of both Kingdomes proceeding: So by this argument also a second is absolutely excluded from this (Covenanted) disposall: for hereby there is an union of two Kingdomes in one for one end; and an vnite admits not of a second or third, for then it is no more one, but two or three: So that it is as cleere as the Sun, that this unity of consent betwixt the two Kingdomes admits of no addition or division whatsoever; for so the property of that Bi-unity were lost: If another were added to thar vnity, then were it a Tri-unity, and not a Bi-unity: and if that unity should be devided, then were it no unity, for puca unitas est indivisibilis: Why therefore you should bring in the Kings consent betwixt the two Kingdomes, wee see not; except you meane to play fast and loose, and set open a doore to all forraigne Nations, to have a title to this consent: for as well may you say, that France, Spaine, &c. must have their consent in this businesse as well as Charles Steuart himselfe; for the Question is not, what Mr. Steuart would doe with his person, or what France or Spaine &c. would doe with it, but what the two Kingdomes by this Covenant are bound to doe; therefore the bringing in the Kings consent and will into the bargaine, is a meere nullity (as concerning this matter) to the Covenant; So that your repairing to his Will and consent, is an absolute departure from the joynt interest of the two Kingdomes, and from the Covenant obliging there to: for you will not deliver him, or doe anything with him without his consent: Therefore why doe you at all talke of the Covenant, or the interest of the two Kingdomes? Tell us no more of such blew shadowes and Sculcaps; but tell us of the Will of Charles Steuart: And if we must needs dispute, let that be the question, whether the will of Charles Steuart be the Law of all Lawes, whereto Parliaments Covenant, and Treates, Kingdoms must be subject? If you will deale with us upon that point, we shall not doubt but to make a reasonable returne.

Scotish Papers, page 6.

Scotland: If the Scotch Army should deliver up his Majesties Person without his owne consent &c. this act of the Army were not agreeable to the Oath of Allegeance, (obleiging them to defend his Majesties Person from all harmes and prejudices) nor to the solemne League and Covenant, which was not intended to weaken but to stregthen our Allegeance &c. ————————— Whom therefore our Armies cannot deliver, to be disposed of by any others at pleasure:

Answer.

England: By this it seemes, that the Scotch Army, are obsolutely devoted to the will of his Person; for except he will, you say, that your Armies cannot (you might as wel have said wil not) deliver him up to be disposed of by any others; which saying excludes the whole world, except his Will: So that in effect by this you have as well excluded the pleasure of your own Parliament, as the pleasure of ours or any others.

Sure our deare Brethren of Scotland are not themselves, to speake thus they cannot tell what; one while to urge the consent of their Parliament, and then by and by to deny themselves of it againe.

Well, but you say it is against the Oath of Allegeance, and the Covenant, for the Armies to deliver him up against his WILL. And why so (deare Brethren we beseech you) is the Oath of Allegeance and the Covenant confined to the dictates of his Personall Will? that what is contrary to his Will, is contrary thereto? For here you make his Will the very Axeltree upon which your argument turnes; and therefore by this your reasoning, both Kingdomes are by the Oath of Allegeance and by the Covenant, obleiged and irrevocably bound (it being made to Almighty God) to be subjected to his Will; yea, and as much as in you lyes, you have thereby concluded and conform’d a title upon him, even from Almighty God, to Rule by his Arbitrary pleasure; and made both Kingdomes Vassales to his Will. Is this the affection and duty which becomes Brethren that (page 5.) you tell us, you were put in mind of; That after you had espoused your Brethrens quarrell (page ibid.) by that espousall to contract your brethren to his Arbitrary pleasure? But as you in another case, so say wee in this wee cannot but expect better things from our Brethren. (page ibid.) Sure it is not our deare Brethren of Scotland that thus write: how shall such a thing (as becommeth Brethren) enter into the hearts of our Brethren of Scotland? except since his Majesties arrivall, our deare Brethren are run quite besides themselves, as aforesaid,

Some indeed have strange thoughts of our Brethren, and conclude them more Knaues then Fooles and that little better ever was to be expected from them, seeing now they are not ashamed only to tell us (page 7.) that the Scotish Army came not into this Kingdome in the nature of Auxiliaries (or helpers) and indeed they have proved as good as their words, for what Auxiliaries or helpers have they been unto us, except to carry away our gudes, and to drive away our cattle &c.) but also in plaine termes (to make all the blood that hath been shead, but as water spilt upon the ground) to capitulate with us, about the Kings personall Will, whether his Will must rule the roast or no? By our consent he shall first turne the spit, before his will shall rule the roast; our Lawes, Lives and Liberlies are more pretious, then to be prostitute to the exhorbitant boundlesse will of any mortall Steuart under the Sun: And therefore both He and your revolted Armies may be content, for we will spend a little more of our blood before that come to passe; you may as well twerle up your Blew caps, and hutle them up at the Moone, as to expect Englands assent unto that: no, no, Deare Brethren, wee are neither such foolnor such cowards, or yet such Traitors to our selves or to our posterities, to our Lawes or to our Liberties, as after we by the blood of us and our children have gained a conquest over that Arbitrary faction so basely to returne like Sower to the mire, or Dogges to the vomit againe; no sure deare Brethren wee have no: been thromming of Caps all this while, and therefore that is not to be expected: wee are content that our Brethren of Scotland should be our Brethren, but not our Lords and our Kings, to snatch the Scepter of England out of our hands, and to make us their slaves and Uassailes: what care we for Charles Steuarts assurance thereof under his Hand and Seale: we will mainetaine our just Rights and Freedomes, in despite of Scot, King, or Keysar, though wee welter for it in our bloods; and be it knowne unto you, O yee men of Scotland, that the free-men of England scorne to be yourslaves; and they have yet a reserve of gallant blood in their veines, which they will freely spend for their freedom. But to returne to the Game in hand.

Further. From the words of the forementioned clause of your papers, this you import, that you are by the Oath of Allegeance bound to keep his person from all harme, and therefore your Armies will not deliver up his person to be disposed of, as, the two Houses shall thinke fit: As if the two Houses by that their vote, had intended mischiefe to his person, or else why should you urge that in competition with their vote, if thereby you did not plainly conclude that their vote was an absolute intent of harme unto his person: But (good brethren) let us tell you, that though the two Houses of England have voted the disposall of the King of England as they shall think fit, it doth not therefore follow, that there is absolute harm to his person therby intended in their vote, but you make a surmise, then take it for granted, and forthwith thereon build the structure of your defence: But we hope it doth not therefore follow, because our brethren surmise it, except the sence of our Votes, our Orders and Ordinances of Parliament must follow the surmise of our brethren, that what ever their surmise is, that must be their Sense and Intent and no other. And if as you say; you will not inforce any sence or construction upon their Votes, then why will not your armies deliver him upon their Votes for feare of harme to his person, as if they had plainly intended with Salomons sword, by that their voted disposall to have divided the King of England from the King of Scotland, and so give each kingdome their just portion in his person.

But why should our deare brethren treason thus sophistically and deceitfully with us, and conclude thus inconsequently against us? Sure they have better Covenant Logick then this; for the antecedent of that Argument doth nothing at all prove the consequent thereof: Therefore if our deare brethren please (for the better discovery of their falcity) we shall cast that their kind of Argument into a forme after its owne nature and kind, which is thus.

A Scotch Argument. The two Houses of Parliament have voted the disposall of the Kings person as they shall thinke fit.

Ergo. The Scotch Armies may not deliver up his person to the said two Houses, for feare of harme to his person.

Truly dear brethren, this Gear hangeth together like an old broken Pot-Sheard: And wee deem, that you would be much displeased with your deare brethren of England, should they returne the like reasoning to their brethren of Scotland. But least our deare brethren of Scotland should judge us their brethren of England ingratefull, their brethren here send them a congratulatory pair of reasons formed after the same or the like kind desiring in their next papers, to be resolved, whether such reasoning with them, be faire dealing or no? to wit.

1. Argument. My gude Lord Lesley, came to Montrevill (Embassador for France) residing at Southwell, there to commune with the King.

Ergo. My gude Lord Lesley fell down on his knees, resigned up his sword, and laid it at the feet of the King, and then received it againe of the King.

2. Argument. My Lord of Northumberland, and Sebrant the French Agent looked through an hedge, and the one saw the other.

Ergo. They two are both nigh of a kindred.

Now having sent you a paire of brave Scotified arguments, wee’l throw an English bone after them, for your armies to gnaw upon.

A scandalous person may chance to prove a good man.

But some of your armie, are full of Back-biters.

Ergo, your whole armie are scandalous persons.

But now deare brethren, we cannot thinke that this will be judged faire reasoning in us; but if you condemne it, then why doe you use it? untill you revoke, and renounce your errour therein: this our like reasoning must not be condemned by you.

But by this we may plainly see, that you have some mischievious designe against the two Houses of Parliament, that you would insinuate such an opinion into the people of England, against their two Houses of Parliament. And that upon such high tearmes of contestation, to wit, that for that reason (to wit, harme) you will not deliver them their King upon their Vote, what may we judge by this, but that you intend destruction to them, thus to set the hearts of their people against them by your scandalous and seditious surmises and iealousies sowen amongst the people of England, for absolute truths: for if you give it not forth as a truth, why will you urge an argument from thence? Sure our Holy Brethren of Scotland, are not so voide of Conscience and grace, as to make a Lye a foundation of their practice.

Scotch Papers. Pag. 8.

We doe assert, that the King comming voluntarily to the Scotish Army, they cannot in duty deliver him against his will, to the two Houses of Parliament, without consent of the Kingdome of Scotland.

Ans. Then it seemes if he had come against his will, you had been bound in duty to have delivered him against the same, to the two houses of Parliament, without the consent of the Kingdome of Scotland, for if his voluntary comming be the reason of the one, then his unvoluntary comming must needs be the reason of the other, for as your own paper Champion saith, contrariorum contraria sunt consequentia, therefore hereby you have brought the consent of your own Parliament to be inferiour and subject to his will, the which notwithstanding the laid Champion told him, they should be forced to settle things without, in case he should not assent. pag. 19. The which reasonings, if they be not pro and con, be you your selves Iudges: and let the world judge, whether it be fair dealing so to reason in a matter so neerely concerning, the weale of the two Kingdomes, the lives and slates of thousands and ten thousands.

Scotch Papers. Ibid

The place of the Kings residence is at his own Election in either of the Kingdomes, as the exigency of affaires shall require, and he shall thinke fit, or else must be determined by the mutuall advice and consent of both Kingdomes.

Ans. What, more fast and loose still? Sometimes with your consent, and sometimes without your consent, sometimes with the joynt advice of both Kingdomes, and sometimes without it, sometimes with his personall will, and sometimes without his personall will, and now to make all indifferent! What is the meaning of our brethren in this? are they not in their witts, thus to jumble and jump forward and backward, and backward and forward againe, and then to lye all along betwixt both? For by this clause it seemes, that the disposall of his person is indifferent, either at his will, or at the ioynt advice of the two Kingdomes. Utrum horum mavis accipe, one of the twain, chuse you whether, so that if his person be eitherwise disposed, yet by this clause it is justified, the one as well as the other being asserted in that clause: then againe to adde to the number of those jugling Husteron-Proteron trickes, by the position of their order, they make the will of the King predominant to the consent of the two Kingdomes, for if by locall position, we may judge of preheminence, according to our nationall custome, the greater to take the wall of the lesse, then the will of the King is thereby preferred before the consent of the two Kingdomes, for it hath the precedency therein: How ever by that clause they are made of equallity, for they are not urged by the way of disparity, but by the way of equallity therein. Therefore by that clause there is not a pin to chuse betwixt them: So that which is first gone forth, whether his will, or the two Kingdomes consent, that must stand irrevecable, and not to be moved by the other, for could it, then were it as nothing, a meere shadow without substance, for then the absolute disposing were only in one, because if one may depose what the other disposes, then that which disposeth is all in all; and the other hath no will, vote; choice or consent in the thing, but is wholy dependant, and must be subject to the power of the other, which may conclude, order, revoake, and reverse at its pleasure. Therefore from this reasoning of our deare brethren, it followes thus.

1. That this present disposall of his person (being as your selves say voluntary) is irrevocable by either or both Kingdomes, because his will for that disposall was first past forth; which for that matter (as is already proved) by this present ground of yours, is as unalterable as the Lawes of the Medes and Persians: So that it is in vaine for the two Houses of England to expect a delivery of the King of England from the Scotish Armies,; for by this (to make sure worke of his person) they have put themselves out of a capacitie of his delivery upon any tearmes whatsoever: And therefore we may bid our gude King, gude morrow my Leige for all the day, and for ever, Amen Farewell frost, if he never come more, nothing is lost.

2. If by the sentence and judgement of our dear brethren of Scotland, the Kings personall disposall be at his owne Election and Will, and so inherent therein, then by the sentence and judgement of our deare brethren of Scotland, the dislocation of the Kings person by his personall will all this while from the two Houses of Parliament of England, is justified, and our deare Brethren of Scotland thereby made confederate with him, in that act, and so consequently guilty of all the rebellion made by his personall will against the two Houses of Parliament and the People of England.

3. If by the Argument of our deare brethren of Scotland, the King according to the exegencie of affaires may dispose of his person at his pleasure, then by the Argument of our deare brethren of Scotland according to the exegencie of affaires, the King may depart from our deare brethren of Scotland at his pleasure, when, or whether he pleaseth, although his pleasure should be never so pernitious or perilous to our deare brethren of Scotland: for his pleasure may only be knowne to himselfe, and not at all to our deare brethren of Scotland, no moe then it was foreknown (as our deare brethren would make us believe) at his comming to them. Therefore if our deare brethren of Scotland will have him according to the exigency of affaires to be disposed of at his pleasure, then according to the exigency of affaires, our deare brethren of Scotland must run the hazard of his pleasure.

But for be better deciding of the matter about his will, it is to be questioned, 1. Whether since the Covenant and Treaties, either England or Scotland may assert, that the place of the Kings residence is at his owne Election; the which as the case since hath stood, may in no wise be honourably granted, for thereby in all reason it must be concluded, that the two Kingdomes tooke upon them, the sole disposall of his person, without the least relation or respect to his personall wil: For should that not be concluded, then his arbitrary disposal of his person, so many times in open and actuall hostility against the Parliament and people of England were justifiable.

2. It is to be considered, that though before this his hostility against the Parliament and people, he might dispose of his person from White-Hall, to Hampton Court or the like, without the joynt advice of the two Kingdomes, whether now the case be nor altered or no?

3. In regard he hath most properly leavied and made warre against the Parliament and People of England, and in regard the Scotch engagement was but in assistance of their brethren of England, Whether his person thereupon, is not most properly due to the two Houses of Parliament and thereupon they might properly vote the disposall thereof, notwithstanding his King-ship of Scotland, by reason the Offence was properly against them, and a maine end of the war, was to reduce and recover his person unto the Custody and power of the two Houses?

But now whereas you urge his voluntary comming, as if it were only voluntary in him, and not like voluntary in you (which by Covenant, compact and treatie, was not upon any termes or in any wise without our consent to have been by you.) It is a plaine case, that there was a voluntary concurrance betwixt you, even of the Kingdome of Scotland with the King of England, before he had laid downe Arms taken up in Rebellion against the Soveraigne power of his Throne, the two Houses of Parliament, and against the Free People of England, and that absolutely by you, without the joynt advice and consent of the said Houses and Kingdome; for you foreknew of his intent, and were fore acquainted with his comming, before his arrivall at your Armie, and this is not only to be proved from the secret and trayterous Treatie betwixt you and the King, from the latter end of March last, 1646. Managed by the intervention of Montrevill the French Ambassador, and designed in France, but also by what was open, manifest and undenyable. For to omit his foot-steps from Oxford, he came publickly into Southwell, foure miles distant from your Armie, and there was entertained by the said Montrevill, who was deputed and provided to receive him, and forthwith he sent unto your Armie, to informe you that he was come thither, then Lasley your Generall (Metrapolitan over all the Blew-Caps of Scotland) repaired unto him and with him entertained a Treatie, and so he came voluntary to your armie, and there voluntarily ever since doth continue, as you your selves doe confesse. Now let any reasonable man judge, whether here were not a mutuall concurrence of voluntary consent, before his enterance into your Armie without all advice and consent of ours. And whether it is reasonable to imagine, that the King should cast his person voluntarily into the hands of those which were the first commoters and raiser of troubles and warres, entring his dominions of England with open Hostillity, for which he proclaimed them Traitors and Rebells, and now again: stand Traytors and Rebells by his Proclamations and Declarations, and which are still in Armes against him; and by solemne League and Covenant contracted and aspoused to the two Houses of England, in their war-fare against him, without the fore knowledge consent, compact & assurance of your armie and Kingdom; truly for our parts, considering all his politick, subtile, and crafty plots and proceedings, in all his Millitary designes we cannot imagine him so inconsiderate and mad, as to run his person without all assurance, on such a perillous hazard, or play such a card as that at a venture amongst you, without a full fore surety from you, and a compact betwixt you under hand and seale, for his entertainment and successe with you, and if we may judge the tree by its fruits, we are sure it can be no other.

Besides, had you not been concurrent in will with him (contrary to our privitie and consent) he could not have entred, much lesse continued in your armie, without your consent, and whether you would or no. So that indeed and in truth as the matter now stands, betwixt you and us, his comming must needs be reputed and concluded your single act, and neither may we, nor can we esteem it otherwise, for his will or his Action is nothing to the state of the question or difference betwixt England and Scotland in this matter, for you your selves say, (pag. 9.) that, it is cleere from the third Article of the Treaty, that the Scotish armie is to receive the directions of both Kingdomes, or of their Committees in ALL THINGS, which may concerne the pursuance of the ends of the Covenant and Treaty, whether in relation to PEACE or WARRE. In the eight Article, no cessation, pacification, or agreement for peace WHATSOEVER is to be made by either Kingdom or the armie of either Kingdome, without the advice and consent of both Kingdomes. Now deare brethren, by these very words of the Treaty thus cited by your selves, you are by your selves exempted and denyed of all power of intermedling about any thing whatsoever concerning peace or warre, without the advice and consent of the two Kingdomes: If so, then why have you attempted this act of reception and detaining of his person without the mutuall concurrent advice and consent of the two Kingdomes, which so mightily concerneth our weale or our woe, our peace or our warre, for this your seasure of his person in this manner, is of as high and great concernment about the matter of warre, as can be imagined, for it openly and apparently threatneth division and warre betwixt the two Kingdomes; and thereby you your selves are the deviders and threatners, contrary to your old and present asseverations and abjurations: in your booke of former Intentions, thus you assert of your selves,See intentions of the Armie of Scotland, pag. 3. we could iudge our selves the unworthiest of all men, and could looke for no lesse then vengeance from the Righteous God, if we should move hand or foot against that Nation, so comfortably represented to us, in that honourable meeting And pag. 10. Let them be accursed, that shall not seeke the preservatition of their neighbour Nation: and in your former Informations, Declarations and Remonstrances, you have cursed all Nationall Invasion and Treacherie: And now in these Papers you cry, God forbid, that the wayes of separating interests of the Kingdomes, should now be studied, pag. 5. And in the Lord Loudouns speech in the Painted Chamber. pag. 21. That no man hath conscience and honour, who will not remember our Solemne League and Covenant, as the strongest bond under Heaven, between God and man, and between Nation and Nation, &c. Yet these asseverations and execrations, are now made as nothing, and these your strongest bonds between God and man as you call them, are but as Sampsons cords to be burst a sunder at your pleasure, but God will deliver up your strength, if by your timely repentance you doe not prevent the vengeance of Heaven which hangs over your head. For why will you thus fairly professe with your tongues unto us, and deale so treacherously with us in your hearts, why should you receive and entertaine the King and yet protest against all sole disposall of his person? and why should you tell us, that his Majesties comming to your armie, is a more probable and hopefull way to preserve the union of the two Kingdomes, when as your selves see, that it is the most unluckiest meanes of division, and of somenting a war betwixt the two Nations, as Hell could broach: and though the Lord Loudoun breath out your menaces about that disposall, and openly threatneth us with forces from Scotland and Ireland, and with the assistance of forraign Princes, yet all this you would make us beleeve, (were we but as the Horse and the Mule, which have no understanding) is for the stricter and firmer union betwixt the two Kingdomes; but deare brethren we are not so undiscerning and sottish, so to be possessed and deluded. But further in the said pag. you say, because you came into England, for prosecuting of the ends of the Covenant, whereof one is to defend His Majesties person, you thinke it a strange thing, that your being in England should be urged as an argument, why you should deliver up the person of the King, to be disposed of, as the two Houses should thinke fit.

Ans. For the matter of your being in England, we shall for the present referre you to Mr. Chalaners speech: and only consider the reason of this clause, which we conceive to be on this wise, that because you are by the Covenant bound to defend His Majesties person, that therefore you will not deliver up his person, to be disposed of, as the two Houses shall think fit: which is as much as to say, because you are to defend his person, that therefore the two Houses of Parliament are his enemies: which manner of reasoning is as if we should say, because ther were dayly seecret whisperings and wishings at our Queens Court in France, that the King might but get safe to the Scotts, and because the day of his setting forth out of Oxford towards them was fore-known at her Court; That therefore Sebrant the French agent ran up into the Earle of Northumberlands Bed-Chamber, in the morning before he was up, and surreptitiously surprised in his Chamber window; a packet of Letters, (inclosed in a blanke paper superscribed (forsooth for their better conveyance to the Earle) and breake the same open, and said they were his, and so the one peep’d at the other, and saw one another and away hied Sebrant as fast as he could, and carryed with him the whole plat-forme of your—you know what!

Now Brethren, how like you your owne kind of reasoning? Is not this a prittie, kind of Argument thinke you, neady formed after that most hallowed pattern received from the Angel at Le font bleu?

And therefore seeing our Brethren have so far discharged their trust, as (after all their Protestations, Covenants and Oaths to Almighty God, their Solemne League, and Treaty with their Neighbour Nation of England) thus in the field to meet us in this free and brokerly conference with such Solemn Covenant-Logick, we may have doubtless great boldness & confidence, with our dear brethren of Scotland, to pay them in their owne coyne, for current and good Silver, especially considering whose Image and superscription it beateth: So that upon the point (we wish it be not of the sword) we are agreed with our gude Lord Loudoun, to give unto Cæsar the things that are Cæsars, &c pag. 26.

But now since our brethren take upon them in their armies to defend his person, we desire of our deare brethren to tell us, against whom is this their defence? If against us and our armies, then we reply, that if your Covenant now bind you thereto then why did you not by this Covenant joyne armies with them before, in all his Hostility against the two Houses, for by our hostility his person was endangered and subject to the casuality and execution of warre, himselfe in person and in armes appearing against ours?

Scotch Papers Pag. 9.

And whereas it is affirmed by the Treaty, the Scotch Armie ought to doe nothing without a joynt resolution of both Kingmdomes or their Committees; there is no such clause in the Treaty, but they are to be subject to such resolutions as are and shall be agreed upon, and concluded mutually between the Kingdomes and their Committees.

Ans. By this we may see how willing out brethren are to get a creep hole, and how they shufle and cut to strugle themselves cut of the Bryers: But gude brother Jockie be content to stick here a while, for if to their Resolutions (as you say) you must be subject, then you must not be subject to that which is contrary to their resolutions: But your armies retaining of his person is contrary to the joynt advice and consent of both Kingdomes, for as yet both parties are not agreed. Therefore this is a manifest breach of the Treaty; so that (if you wou’d have done as becommeth brethren) you should have stayed first to have heard the joynt advice or consent of both Kingdomes, before you had given him entertainment. For indeed, had there not been mischiefe designed in the thing and intended against this Kingdome, the King (knowing the mutuall obligation, and solemne Vnion betwixt the two Kingdomes, and the mutuall relation he had to them both, and each mutually to him) would (if he had intended to lay down armes against this Kingdome) rather (in this emergency of War) have dsiposed of his person (honoured by both Kingdomes with the title of the King of both Kingdomes) to the Committee of both Kingdomes, wherein the joynt military interest of both Kingdomes is represented, conferd and united, and both thereby incorporated into one deputative body, and as it were both made flesh of each others flesh, and bone of each others bone, that so in that, one act and at one time both Kingdomes equality and respectively would have received their King of each Kingdome, though presented in one person, even England and Scotland have received and kept the King of England, and the King of Scotland in that their entertainment of his person for the better disposall thereof by the Parliaments and Estates of both Kingdoms (being conquered by the mutuall force & conjunction of their armies) for then neither Parliament, Kingdome nor Armie had acted singly or divided, but it would been absolutely an act of both Kingdomes: This we say, he rather would have done, then in this factious divided nature to have thrown himselfe upon one Kingdome unknown to the other, and without the others advice and consent, had it not been on set purpose to have cast a bone of division betwixt them; that both He and your selves by joynt occasioned faire opportunity might compasse your designes to subjugate the neckes of the Freemen of England to your Scotch Monarchicall Yoake of Bondage (in gendering strife.) And you your selves, had your intentions towards us been upright; should rather have referred him to the said Committee of both Kingdomes, then thus to have attempted the receivall of him by your own millitary power, which was a desperate thing; however in case unawares he were received, yet you might ere this, knowing the mutuall and joynt interest of the two Kingdomes so well as you doe, and seeing it raiseth such jealousies, and is likely to occasion such a desperate and bloody division betwixt us, you might ere this have delivered, or at least proposed the resignment of His person, if not to the two Houses, yet to the custody of the said Committee; to whom indeed naturally and properly (as the case now standes betwixt the two Kingdomes, he belongeth) (no joynt power of the two Kingdomes but that being extant) to be by them retained till the joynt consent and determination of both Kingdomes.

You tell us that at the hearing of the martch of Sir Thomas Fairfax his Army marching Northward, you removed yours into York-shire, for preventing mistakes or new troubles between the Kingdomes (page 9.) but were you so cautions thereof as you pretend, you would not have thus highly erred in the maine, and then face us with trifles: brethren, we have been a little to much acquainted and cheated with such guilded pretences as to rest content with a flap in the mouth with a Fox-tayle: It is not your candor freedome and plainnesse as becomes brethren which you tell us of (page 1.) in words what will satisfie us, if in deeds you deny us; Wee know you tell us he came valuntarily and continues vluntarily, and you doe not hinder him from comming to doe the duty of a King amongst you: which words indeed beare a spetious shew; but Brethren we are not so undecerning and ignorant as to conclude all is gold that glisters; but these your serpentine delusions, puts us in mind of the trick you put upon us about Mr. Ashburnhams escape; for in a paper from the Commissioners dated 25, of May 1645. the Lords of the Committee of New-Castle tell us, that directly, nor indirectly they had no hand in Mr. Ashburnhames escape; which by interpretation is as much as to say, that directly you had no hand in it, but indirectly you had; sot after our English Ottography two negatives make an affirmative, and Nor and No are two negatives cupled to one verb, and therefore must needs make it affirmative: but we will returne from this quirke to the matter in hand.

Now though you say, there was not any such resolution between the Kingdomes or their Committees, as, that the Scotish Armie should not receive the King if he came unto them: Our answer is, that it doth not therefore follow, that therein you may doe singly as you list; for you were obleiged in all things, whether in relation unto peace, or to warre, not to make any cessation, pacification, or agreement for peace whatsoever, without the advice and consent of both Kingdomes: And you your selves say, your Armies are to be subject to such resolutions, as ARE and SHALL BE agreed and concluded upon mutually between the two Kingdomes and their Committees. So that although neither present or future resolutions concerning unknowne matters to come be expressed (as indeed are impossible) yet therefore you have not the liberty to doe what you list, or to anticipate their resolutions with yours, for then Agrement, compact, and Treaty, were to no purpose at all; but you were strictly bound upon penalty of breach of Articles, first, to have knowne the joynt advice and consent of the two Kingdomes, or their Committees in all things whatsoever, whether for peoce or for warre; especially in a thing of so great and so high concernment, as to Treate with, Receive, and entertaine the Kings Person, though notwithstanding he should come voluntarily to you, for the matter is all one in the nature thereof, whether he come to you, or you goe to him: treating with, recieving and entertaining, without a joynt advice and consent (let it by what other meanes soever it be) is the maine thing which those Articles respect: for indeed that is, as absolute treating, cessation, and pacification with the King on your behalfe as can possible be: and therefore whereas you say, that you were not to impede, or restraine the person of the King from comming and doing the duty of a King amongst you, and thereupon have answerably received him; thereby you hold forth, and confesse a compact and conclusion of peace with him: for if you receive him to doe the duties of a King amongst you, and that without the joynt advice and consent of the two Kingdomes or their Committees; what is this other then to pacificate with him without their joynt advice & consent? but more of this by and by.

Besides if you will make an exception, because it is un-expressed in the Treaty [that you should not receive the Kings Person if he should come voluntarily to you] then may you as well except against all the resolves and results of the two Kingdomes and of their Committees, that therein are not expressed; and so confine all to the very letter of the Treaty, and utterly take away all liberty and power from the two Kingdomes and their Committees, of further advising, consenting, o resolving.

Scotch papers page 10.

Scotland: The Scotch Army neither hath nor will take upon them to dispose of the King, he came unto them without capitulation or Treaty: his residence with them is voluntary and free, and they doe nothing which may hinder him to come to the two Houses of Parliament.

Answer.

England: Whither now Jockie? Hoyt—Hoe—Hause—Ree—Gec—Hoe—Jockie: What? neither backwards nor forwards, one filde nor the other! Riddle me, Riddle me, what’s this? You’l nether have him, nor be without him; neither keep him, nor deliver him: a pritty parodox! for you will not take upon you to dispose of him, and yet you will keep him nor will hinder his comming to the two houses of Parliament, and yet will not deliver Him: for his will in this matter of keeping and delivery is not at all respected in the Treaty and compact betwixt the two Kingdomes, but only the Act or Acts of the two Ringdomes, Therefore, what is this else but to say, you will, and you will not? you will neither receive him, nor will refuse him; you will not deliver him, nor will you keep him.

Now whereas (as you say) you are so willing that he should come of his own accord to the two Houses, and you would not hinder him: Wee pray you tell us whether you would suffer him, provided his intent were unknown unto your Or whether you would judge it sutable to the interest of Scotland, that the two Houses or their Armie should receive him upon such termes? Doubtlesse you would hinder the one and condemne the other; for no reasonable man can judge otherwise by your present practice and papers, you have received him without the consent of the two Houses and (as you would make’s beleeve) without any fore knowledge of his intent at his comming, therefore are not your selves condemned by your selves? even justifyers of that in your selves, which you would condemne in others?

But you say, he came to you without capitulation: If so deare Brethren, then why did Montrevill goe before hand to Lestey’s Army to take order for his reception there? And how came the King to have the faith and honour of the Scots engaged to him in the businesse of the Militia? How came the information of Thomas Hanmer, June 12. 1646. (at the Committee for the Army, and after reported to the House of Commons) since by experience to have been confirmed in the most perticulers thereof? wee could be much more inquisitive with our Brethren about this matter, but it may be they have learned of Lieutenant Col. John Lilburne and Mr. Overton the two prerogative Archers of England, and of some othery, not to answer to interrogatories concerning themselves, and therfore we shall forbear at this time further to question the faith and sincerity of our Brethren in this particular, only wee shall desire (because our Brethren in their papers are verbally so tender over the Harrassed, oppressed, plundered North) wherefore besides the extraordinary losses and charges thereof, their ordinary cessements where the forces are quartered are levied and paied after the care of obout 140000 pounds a month upon the whole County, which is twenty times so much as they ought to leavy by the Ordinance of Parliament, as appeares by a Letter June 26. 1646. from sundry of the Committee of Torke to the Commicee of the Lords and Commons? Wee will assure you Brethren, that this dealing together with your severall rapes, murthers, oppressions & abuses which hath bin & are dayly acted upon the well affected in those parts, are farre from the first professed intentions of the Scots Army at their first comming into England 1640. Where page 11. you doe declare that you would not take from your friends and Brethren of England from a thread even to a shoot latcher, so that our Brethren are not the same, or else they are much changed, for from the beginning it was not so; however, this will we say of our Brethern, that as (they tell as page 6) that the Oath communicated to them for the disposall of the Kings Person by the two Houses may suffer a benigne interpretation, and be understood of the disposing of the Kings person favourably and Honourably; yet as the words stands, they are comprehensive and capatious of more then is fit to be expressed; so answer we our Brethren, that though their unreasonable cessements, their dayly rapes and murthers, robberles, oppressions & insufferable abuses upon their dear Brethren and sisters in the North may out of a Brotherly construction receive a benigne interpretation, and be understood but as escapes of their Armie, yet as the deeds so stand, they are comprehensive and capatious of more then is fit to be done.

And therefore deare Brethren, we cannot but justly wonder why you should be so unbrotherly and unkind to your Brethren of England, notwithstanding these great oppressions of yours upon them, now to capitulate with them for such vast sommes of money, and that upon such high termes as not to surrender their Garisons and quit their Kingdome of your Armies, without, 100000. pound downe in your hands: Indeed Brethren let us tell you, wee can judge it as yet, little beter then invasion upon our Land, to capitulate with us upon termes, before you will resigne us possession of our owne Garisons, Forts, Castles Countrys &c. for upon no termes whatsoever have you any right or property unto any of the Forts, Castles, Garisons, or Countries of the Kingdome of England, or in any wise to attempt possession therof, or upon any termes to refuse the resignment thereof for so long and so much are you invadors of our Land; for not an hare breadth of England nor a Minutes possession thereof is yours by any legall, equall, or National Right, except you will say, that you our Brethren of Scotland are now become Kings of England; and indeed your actions and usurpations are equivolent thereto, for as well, as to doe what you doe, you may possesse it for ever, and make invasion upon the rest of our Land, for protraction of time and increase of quantity cannot alter the equity of your title, it being as much to the whole Kingdome as to a part, and as well for ever as for a minute: But indeed and in truth it is neither in the one or yet in the other.

But you tell us, pag. 16. Reasonable satisfaction must be first given to your Armies for their paines and charges, before you will surrendey; Why, brethren must you therefore take possession of our Garrisons, Castles, &c. Because in equity wee are bound to give reasonable satisfaction to you, for your mercenary assistance? Our Garrisons, Castles, Forts, Countries, &c. were not put into the bargaine, neither were they ever as yet set over to you, as a pledge for your paiment, but notwithstanding Covenant, Treaty, or any other obligation whatsoever betwixt us, they are still the absolute interest and propertie of England, which by this your refusall, to quit them, is absolutely invaded and usurped: and your continuance of their possession upon those Tearmes, is a continuance of hostile invasion and incursion upon England. And is as much as if you had entred by force, (for Dolus an virtus quts in hoste requirit?) it is all one to the nature of the thing, whether by force or by politick deceipt, for both can be but possession, so that this your possession of our Countries, Castles, &c. under the colour of expectation of pay before you depart, is in the nature of the thing as absolute invasion and incursion, as if you had entred and over run those places by force of Armes. For though we be bound to give you reasonable satisfaction, yet by that obligation, we are not bound to forfeit our Garrisons, Castles, Countries, &c. into your hands, till it be given: We will grant you that reasonable satisfaction is due; but what is that? whether a certain summe of money, or else our Garrisons, Castles, Countries, &c? Your selves only make claime to the first, and therefore, and in respect of our owne interest, we will be so bold as not to disdaine and yeeld up our right in the second upon any pretence whasoever. And in case reasonable satisfaction should be denyed, it could be but a falsitie and breach of faith, it would not therefore follow, that our Garrisons, Castles, Countries, &c were become forfeit into the hand of our brethren the Scotts: Or because we should doe evill, it doth not therefore follow that they should doe evill for evill againe: for that were contrary to sound doctrine and the power of Godlinesse, a clause of the second Article in the Covenant from which our brethren tell us, that no perswasion terror, plot, subjection nor combination, shall never directly nor indirectly withdraw them: and in this Covenant there is no such clause expressed, intended or implyed, that in case we should not give them satisfaction according to agreement, that then our Garrisons, Castles and Countries should be forfeit to our brethren of Scotland. Therefore if you would but deale friendly and as becommeth brethren (whereof you make such profession) with us, you would not take advantage at your brethrens necessitys to deale thus unkindly and unbrotherly with them (as if they had entertained so many Turkes, Pagans and Insidells into their bosomes in stead of brethren) as to sease upon their possessions, their Garrisons, Forts, Castles, Countries, &c. because this reasonable satisfaction cannot he provided as soon as you would have it, and as they desire and endeavour it. This is not a doing as you would be done to, this is no brotherly bearing of one anothers infirmities, or of one anothers burthen; but in stead of a brotherly casing, this is an unfriendly oppressing, besides the great Scandall it casteth upon your brother Nation of England, as it the Parliament and People thereof, were so unfaithfull, unnaturall and false hearted, not to be trusted upon their faith and honour with their brethren of Scotland (with whom there is such obligations of unity and brother-hood) for the palment of the said sum of money, with their utmost expedition, doubtlesse we should never have been so ungratefull and unfaithfull with our brethren as to have dealt unjustly with them therein.

But we are afraid, that this money demand, was but a forraign invention to catch us upon the lurch, supposing by reason of the unreasonablenesse of the matter, and the invasive manner, thereof, the two Houses would not assent thereunto: and so by such meanacing provoking Tearmes as the detailing of our Garrisons under the pretence of acquiring reasonable satisfaction, to pick a quarrel with us, or else you would not thus have demanded the same upon such high provokating Termes, nor detaining of our Garrisons, Castles, Countries, &c. for to deliver them unto us, you will not till you have money.

Yea, you tell us, that if the 5000. l. at Nottingham already accounted unto you with some other competent portion of money be not sent unto your Armie, you must be forced (forsooth) to enlarge your Quarters for the ease of the countrie, so that we plainly see by this liberty of enlargement which you usurp unto your selves, that you intend that your inlargement of your Quarters shall be as large as our Bounds in the case of procrastination, and all under the colour (for sooth) of easing the country Indeed brethren by that meanes you would case us of all. But if in your Hearts you be intended to case us, then why doe you not rather tell us that you will enlarge homewards, to your owne native Country, for that were indeed an Easement; this is but a further inlargement of our burthen, but we know your meaning by your gaping: Gude brethren doe not thus take advantage at your brethrens neceffities at becometh brethren we tell you, it doth not become you to deale thus unkindly with your brethren: for it is an unnaturall, unbrotherly part, to make a prey of their extremities. Yet here is not all they say of this matter, for they menacingly tell us, that inrcase Sir Thomas Fairfaxs Armie shall march Northwards, that their Scotish Armie shall enlarge their Quarters Southward, whereby (they say) it is easily to beseen, that those Kingdomes may unhappily be againe embroyled in new and greater troubles then yet they have been. Now how can we judge this otherwise, but as a shaking of the sword over our heads? a dare, a threat even as much as to say to our Armies, come Norwards you dare, And if you doe, we will advance Southward, and then you may expect greater broyles and troubles then ever: but brethren, for the love of God, and the peace of the Kingdomes, forbeare such threatning language for the future, that wee may live together as brethren in love, peace and tranquillity: For brethren we doe assure you, that evill words corrupts good manners, trend on a Worme and it will turn againe, and surely Englishmen have as much courage as Wormes.

And now that you see that the two Houses have conditioned to your demands, you enter into dispute with us about the disposall of the person of the King, in such a manner as is not possibe in honour and justice for this Kingdome to accept off and you propose wayes and meanes of delayes and protraction of time, at sending of Commissioners againe unto the King in the name of both Kingdomes, with Power to beare his desires and the like, when as indeed the matter belongeth to them joyntl to advise determine and conclude how they will dispose of him, and what they will compell him to doe, being conquered and fallen into their hands, therefore sending to, or treating with him now, is beside the matter in hand, so that those various Devices of yours, give us great cause of suspition and jealousies of you, that these, are but wayes to beare us in hand for the better facilitation of your design. But we should be glad to heare of your innocency of those things, and should be willing to judge better of our brethren, but they must excuse us, if we judge the Tree by its Fruit, and may rather blame themselves for bringing forth such fruit, then us, forth judging, when it is brought forth. Therefore to remove all Temple and difference from betwixt us, we desire them to let their good workes so shine before men that we may justly say, that God is in them indeed, and that they are our faithfull Brethren and friends who are resolved to live and dye with us in the better Sense, though we are now iustly afraid of the worst.

FINIS

Errata, pag. 6. for you your selves, read your selves, p. 7. l. &illegible; for &illegible; &illegible; &illegible; &illegible; p. 8. l. 10. for proceeding r. proceeding, p. 9. for and &illegible; &illegible; &illegible; c 1 a. for my Lord of Northumber land, r. Genney with the wish, p. 16. &illegible; &illegible; &illegible; for some of your armies some Regiments in your armie, Of these and &illegible; other &illegible; &illegible; &illegible; the Author &illegible; the Readers favourable correction and &illegible; &illegible; &illegible; &illegible; &illegible; &illegible;


T.84 (8.33) John Lilburne, The Charters of London: or, The second Part of Londons Liberty in Chaines discovered (18 December 1646) (full version)

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T.84 [1646.12.18] (8.33) John Lilburne, The Charters of London: or, The second Part of Londons Liberty in Chaines Discovered (18 December, 1646).

The first version we put online in vol. 3 was a shortened version [corrected]. The second version is complete [uncorrected] [corrected]

Full title

John Lilburne, THE CHARTERS OF LONDON: OR, The second Part of Londons Liberty in Chaines Discovered. In which by the ancient, rationall, and fundamental Charters of the famous City of London, is proved and declared, that it is the true and undeniable right of all and every the Barons, Burgesses, Free-men, or Commoners of London, to have their free Illegible word in chusing out, annually from amongst themselves, a Lord Major, two Sheriffes, and all their Aldermen; which Aldermen are annually to be removed by the Commons of every Ward; and being removed, may not be chosen again for the ensuing yeare, but others by common consent are to be put into their places. Also it is declared, to be the right of the said Barons or Common to chuse the Bridge-masters, Chamberlain, Common-Clerk, and Common-Sergeant, &c. of the City of London, and to be removed by them when they please. All which priviledges, with many others, they are now rob’d of, by their last incroaching, and usurping, illegall Lord Majors & Aldermen, &c. Unto which Charters Illegible word annexed, a Discourse, to prove, that though Kings or Parliaments may confirme unto the people their rights, freedoms, and liberties; yet it lies not in their poweer to take them from them againe when they please; no, not at all: because all be trusted powers are (as both Kings & Parliaments, & all other Magistrates whatsoever are,) & ought always to be, for the good of the Trusters, and not for their mischief and hurt. In which is also proved, that all Pattentee-Monopolizing-Corporations Section of illegible texte against, and destructive to the fundamental Laws of England; and that it is impossible for justice, peace, or prosperity, to flourish in this Kingdom, till they be all abolished. With divers other things worth the knowledg of all the Free-men, not only of London, but of all England.

For whose good this is published by Lieut. Col: John Lilburn, prisoner in the Tower of London, for the common liberties of the Kingdome against the usurpations of the House of Lords.

Deut. v. 17.19. But he shall learn to fear the Lord his God, to keep all the words of this Law, and these Statutes, to do them; that his heart be not lifted up above his Brethren, and that he turn not aside from the Commandement to the right hand or to the left.

Printed at London. Decemb. 18. 1646.

The pamphlet contains the following parts:

  1. The Printer to the Reader
  2. To the Commons of London
  3. To the Right Honorable the high Court of Parliament;
    The humble Remonstrance of VVilliam Sykes Merchant, for free Trade in transporting & importing of lawfull and needfull commodities. (20 March, 1645)
Estimated date of publication

18 December, 1646.

Thomason Tracts Catalog information

TT1, p. 481; Thomason E. 356. (12.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

An earlier, shorter version of the text can be found here.

The Printer to the Reader.

Reader, the shortnesse of time, the absence of the Authour, and the difficulty of the Language in the Charter, not being ordinary Latin, but such as Lawyers use, which is so far above my capacity, that caused me to erre when I used the best skill I could in my Art. Pardon me therefore (I pray thee) and with thy wisdome, learning, and good disposition, help me in this case. And for the faults in the English, the meanest capacity may bee helped thus:

Page 3. line 27. for Servants &illegible; p. 32. l. 24. &illegible; nay, r. wee. l. 35. r. take undue. p. 33. l. &illegible; for &illegible; &illegible; l. 21. for ity, r. City, p. 36. l. 2. r. is their right. l. 10. for as Magistrate. r. as a Magistrate p. 37. l. 1. for Trustees, r. trusters, l. 4. r. indenosonizing of a few, to undenosonize. l. 8. for divels, r. divelish. l. 12. for evill, r. evils. p. 40. l. 11. r. and intollerable. l. 26. for surreptious, read surruptitious, &c.

To the Commons of London, commonly by the prerogative men thereof, called the Clokemen of London.

FEllow Citizens, I reade in the 1 Kings 21. that when Ahab though a King came unto honest Naboth, not by his prerogative to take his Vinyard from him, but to desire it of him (for a garden of herbes, because it was neere unto his House) for a valuable consideration; &illegible; returnes his King this Answer, the Lord forbid it me, that I should give (or part with) the INHERIT ANCE OF MY FATHERS VNTO THEE; Therefore much more I hope, without offence may you and I say to our prerogative masters of London, who have already robd us by their meer prerogative pleasure (although they be far inferiour to the King) not of our Vinyard, (a small thing in Comparison) but of our naturall, rationall, nationall, and legall liberties, and freedoms, and so as much as in them lyes, have made us slaves and vaslals to their wills and pleasures: by meanes of which they do lay oppressions and burthens upon us, able to breake the backs of Pack-Horses themselves, and therefore seeing the knowledge of it in some measure, is come to our understanding, and dayly every day more and more is likely so to do; I hope it will be no blasphemy against God and the King, nor an Act deserving Naboths portion, to be stoned to death; to say unto our prerogative usurping, and incroaching Masters, God forbid, that we should be such villains and traytors to our selves, as to suffer you to rob and steal from us (and run away with) the inheritance of our Fathers, and the Birth-right of us and our children) our Fundamentall Lawes and Liberties, Franchises and Priviledges, that God, Nature, and the just Customes of the Land in which wee live, hath given us, and for which we have been fighting above this 3. years. For my part, though all of you should be so sottishly base, and &illegible; as to &illegible; and &illegible; &illegible; &illegible; under your burthens; yet though I should not find one man amongst you all of my mind, I am resolved to send the loudest Hue-and-Cry after them that possible I can, for the regaining of my liberties, Freedoms, and &illegible; priviledges; though I should by the iniquity of the present for sworn, tyrannizing, oppressing, and &illegible; times, pay as dear for my so doing, as Naboth did for his unwillingnesse to part with his Vineyard his Inheritance.

My Hue-and-Cry after these London-prerogative Robbers, I begun in my late book, called LONDONS LIBERTY IN CHAINES DISCOVERED, printed in Octob. Last: the second part of which Hue-and-Cry this present discourse is; But here I must crave leave to &illegible; you my fellow-Citizens, that by &illegible; of those many difficulties which accompanie the Presse (&illegible; &illegible; their proceedings very slow) my present Hue-and-Cry cannot be so loud, &illegible; I intended its because I would fain have you to have the sight of so much, as herein you shall reade, before the day you chuse Common-Councell then: after which, you may &illegible; an APPENDIX to this Discourse of some length, and also, all the rest of your CHARTERS at large, with observations upon them, deducted from the Fundamentall Lawes of the Kingdom: in which Discourse, you shall find such a pack of jugling knavery, as your eyes never read before.

Only this at present, I shall &illegible; to take notice of, that the City-prerogative Champions, &illegible; Lysimachus, the Author of the rotten and putrified book, called Bellamius Enervatus, and Col. John Bellamy (a kinsman to the Wethercocks) in his late Answer to the said book, called Lysimachus, Enervatus, Bellamius Reparatus, and in his Plea for the Commonally of London, spends much pains, pro and con, to find out, whether or no the L. Major, & Aldermen of London have an absolute negative voyce in the common Councel; both whose Discourses do not at all please me, nor &illegible; the true rights and priviledges of the Commons of London: and therefore, I shall lay down this position, and challenge all the City-prerogative-Champions, to a single combate, to make it good against them all; the Proposition is this, that the present “Lord Major, and the present Court of Aldermen have no right at all, to give any vote at all in the Comon-Councell of so much as to be present there: And my Reasons are those that follow.

First of all, the present Lord Major is no legall Lord Major nor the present Aldermen, no legall &illegible; true Aldermen, and therefore have no true right at all in any sence to come there; out as Delinquents to receive condigne punishment, by being &illegible; for their usurpations and incroachments, as by the Charter of Edward the 2. they ought, pag. 30, 31, &c. And that the Lord Major is no legall Lord Major, I thus prove.

First, because by the 4. Charter of King John granted to the BARONS of London (which is every Free man) in the 9. of May, in the 16. year of his raign; and by the Charter of Henry the 3. which you may read in the following Discourse. pag. 28. 29. there is power given to the BARONS OF LONDON, that they may of themselves, chuse from amongst them, &illegible; &illegible; &illegible; Major, which priviledge is confirmed by K. Ed. the 2. at the &illegible; desire of the Major, Aldermen, and the rest of the Citizens; as you may read in the 30. pag. following & which priviledge is confirmed to all the Citizens of London, by Magna Charta, chap. 9. and 1. E. 3. 9. 14. E. 3. 1. 9. H. 4. 1. and by the &illegible; of Edward the 1. called articuli super chartas, chap. 1. in which &illegible; is also a power given to the Commonalty in every Shire Court, to chuse the Justices of the Peace for their respective Counties; which said Commone have power by the statutes of the 18. E. 1. 8. & 13. chapters, to chuse their own Sheriffes in &illegible; Shire; and this manner of popular elections is granted to be the right of all the Free-men of London, by both the fore-mentioned Authors. But this Lord Major is not in the least legally chosen. Reade the fore-mentioned first part of this Discourse, page 8, &illegible; 13, 14, 15. Ergo, he is no true nor legall Lord Major: And the same I say of all the Aldermen.

My second reason to prove the fore-mentioned Proposition is this, because that if the King have no legislative power in himself, as the Parliament proves its their Declarations of the 26. May, 1642. and 2. Novemb. 1642. and which begins in &illegible; &illegible; of the collection of Dec. page 262. 686. and which Mr Pryn much more proves in the second part of his Soveraign power of Parliaments, p. 73, 74, 75, 76, 77, &c. which book is published by speciall authority from the House of Commons, &illegible; appeares by the Title-page thereof now if this be true, then I affirme, he cannot give or depute a legislative power to the Lord Major, and Aldermen of London; no, nor to his Lords, who pretendedly will themselves the Vpper House of Parliament: for it is impossible, for him to give that to another, which is not inherent in himself: But the Lord Major and Court of Aldermen, for any thing I can perceive, either by their Champion, or any other, lay no claime to their pretended power of voting to make Lawes in the Common-Councell; but the authority of the prerogative-Charter of Edward 3. which in such a case is not worth a button.

My third reason to prove the proposition is this; because the only and sole legislative Law making power, is originally inherent in the people and &illegible; in their Commissions chosen by themselves by &illegible; consent, and no other. In which the poorest that lives, hath as true a right to give a vote, as well as the richest and greatest; and I say the people by themselves, or their legal Commissions chosen by them for that end, may make a Law or Lawes to govern themselves, and to rule, regulate, and guide all their Magistrates (whatsoever) Officers, Ministers, or Servants, and ought not in the least to receive a Law from them, or any of them, whom they have set over themselves, for no other end in the world, but for their better being, and meerly with Justice, equity, and righteousnesse, to execute the Lawes that they made themselves, and betrusted them with, as the publique executors or dispensors of. But the Lord Major and Aldermen (admit there were no exceptions against the manner of their coming into their Offices) were never chosen by the Commons of London, not in the least, to set in Common-Councell to vote and make Lawes to binde them, but meerly and at the most, are Officers chosen and betrusted for no other end at all, but for the better being, peace, and prosperity of the City, to execute the just Lawes of the Kingdome already made in Parliament, by common consent of the whole Kingdom; and therefore have no right at all in no sence, to set in Common-Councell, there to vote, and make Lawes to bind the Citizens. And therefore, O my fellow-Citizens, I desire you to bee wise, and looke about you, and not suffer these Mungrell, usurping, increaching, pretended Aldermen, to Lord paramount it over you, as they used to do at your election of your Common-councell men: at which election, (for any thing I know, or can heare of) they ought not to be present at all, unlesse they come as particular citizens to give a single voyce, in chusing their (as well as your) Common-councell men, whose principall office and work it is by vertue of their deputed power derived &illegible; &illegible; to call all your City Magistrates, Ministers, and publick &illegible; to an account, and to dis-franchise all those that have endeavoured the destruction of Londons just liberties, and to know of them what they have done with those many hundred thousands of pounds, that yearly is paid into the Chamber of London, which ought principally by right to be laid out to pay or defray the publick charges of the City, and taxations of the &illegible; that are laid upon it by common consent in Parliament, &illegible; &illegible; &illegible; spent in hugger-mugger, and laid out for such &illegible; &illegible; &illegible; put into the pockets or purses of such, as it was never &illegible; for. Look to it you Lord Major and Aldermen, brethren in &illegible; for I professe there is the most notorious jugling and chearing amongst you, that is amongst any generation of men in England; which I hope, in the despite of you all, to live in some good measure to anatomize to my fellow-citizens, whom, before I conclude, I shall desire to take notice of foure things, as the most pestilent evils in the world, amongst the sonnes of men, and they are these:

First, the Popes unwritten &illegible; Secondly, Kings unlimited Prerogatives. Thirdly, Parliaments unknown Priviledges. Fourthly, the Lord Major, Court of Aldermen, and the rest of the Prerogative men of Londons implicit faith, who in the second desire of their most pernitious Atheisticall, Papisticall Remonstrance, pag. 7. would have all those fully declared against, and some effectuall course setled, for proceeding against all such persons as will not be conformable to the publick Discipline established, or to be established. What ever it be, it matters not, although it be never so much against justice, reason, equity, conscience, and the word of God.

By means of some of these foure, ariseth all those Monopolizing and ingrossing Patentee corporations, that trouble the world: this poore Kingdome; yea, even this City, a great number of whose members, by reason thereof, are (as I am informed) forced $$Para$$

But &illegible; &illegible; &illegible; &illegible; you (my fellow-citizens) seeing &illegible; Common &illegible; &illegible; have &illegible; &illegible; them to be &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; power, as they &illegible; &illegible; you &illegible; &illegible; &illegible; &illegible; your selves, &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; and let &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; that &illegible; &illegible; no further &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; Commissioners sitting in Parliament who &illegible; and &illegible; &illegible; power to say taxes upon you, and therefore I &illegible; &illegible; &illegible; the jurisdiction of the Common-councell of &illegible; &illegible; &illegible; especially seing there is no need nor &illegible; of it &illegible; (as I am &illegible;) that the annuall treasure of the &illegible; of London, is above five hundred thousand pounds which ought to besaid out to beare and &illegible; the publick taxes &illegible; &illegible; &illegible; &illegible; City, and our own following &illegible; &illegible; &illegible; 31. &illegible; &illegible; &illegible; how to &illegible; your Parliament taxes &illegible; my &illegible; &illegible; &illegible; love presented to all you my &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; God, and &illegible;

From my captivity in the
Tower of London, Decemb.
14. &illegible; for the
common &illegible; of England,
invaded by the
usurping Lords, &c.

Your true and cordiact &illegible; (and
fellow-Citizen) if you will stand for &illegible; &illegible; and &illegible;

JOHN LILBURN.

CARTÆ DE ANNO SECVNDO REG. HEN. 5. Parte secunda, num. 11.

De Confirmatione London.REX eisdem salutem. Inspeximus Cartam Dom. Honr. nuper Regis patris nostrifactam in hæe verba, Hen. &c. Inspeximus etiam tenorem Cartæ Dom. H. quondam Regis Angl. progenitoris nostri factam in hac verba: Henricus Dei gratia Rex Angliæ, Archiepiscopo Cantuar. & Episcopis & Abbatib. & Com. & Baron. & Justic. & Vic. & omnibus fidelibus suis Francis & Anglicis totius Angl. salutem. Sciatis nos Concessisse Civibus meis London. stenend. Middlesex. per firmam pro 300. l. ad compotum ipsis & heredib. suis, de me & heredib. meis. Ita quod ipsi Cives ponent Vicecomitem qualem voluerint de seipsis & Justic. quemcunque vel qualem voluerint de seipsis ad custostienda placita Coronæ meæ & eadem placitanda, & nullus alius erit Justic. super ipsos homines London. & Cives non placitabunt extra muros Civitatis pro ullo placito, & sint quieti de Schot & de Lot. & de danegeld, & de murdro & nullus eorum faciat bellum. Et si quis Civium de placitis Coronæ implacitatus fuerit (per sacram. quod iudicatus fuerit in Civitate;) se disrationet. homo London. Et infra muros Civitatis nullus hospitetur neque de mea familia, neque de alia vi alicui liberatur. Et omnes homines London. sint quieti & liberi, & omnes eorum res per totam Angl. et per portus maris de theloneo & passagio, & lestagio, & omnibus aliis consuetud. & Ecclesiæ, & singuli Barones & Cives habeant & teneant bene & in pace socas suas cum omnibus consuetud. Ita quod hospites qui in socis hospitabuntur nulli dent consuetudines nisi illi cujus soca fuerit, vel ministro suo quem ibi posuerit. Et homo London. non judicetur in ameraiam. pecuniæ nisi sawere, scil. ad C. s. dico de placito quod pecuniam ad pertineat. Et amplius non sit miskennine in hustengo, neque in Folkesmot, neque in aliis placitis infra Civitatem. Et Hustengum sedeat semel in hebdome; viz. die Lunæ. Et terras & vadimonia & debita Civibus meis habere faciam infra Civitatem & extra, & de terris de quibus ad me clamaverint rectum eis tenebo lege civitatis. Et si quis theloncum vel consuetud. à civibus meis London. ceperit; Cives London. in Civitate capiant de Burgo, vel de villa ubi theloneum vel consuetudo capta fuerint quantum homo London. pro theloneo dedit & proinde de dampno receperit. Et omnes debitores qui civibus London. debita debent eis reddant in London. vel in London. se disrationent quod non debent quod si reddere noluerint, neque quod non debent ad disrationand. venire; tunc cives London. quibus debita sua debentur capiant namia sua in civitate London. de Burgo vel villa, vel de Com. in quo manet qui debitum debet. Et cives London. habeant fugationes suas ad fugandum, sicut melius & plenius habuerint antecessores corum; scil. in Chiltre, & Middlesex, & Surr. Test. Episcop. Winton. & Rob. filio Rich. & Hug. Bigot, & Alvero de Toreney, & Will de Alb. Spino, & Huberto Reg. Camerario, & Willielmo de Mountficher, & Hangulfo de Tanei, & Johanne Beller,Hen. 2. & Roberto filius Sywardi apud Westmonast. Inspeximus insuper cartam Dom. Henrici secundi quondam Reg. Angl. progenitoris nostri factam in hæc verba: H. Rex Angliæ, & Dux Normandiæ & Aquitaniæ, & Comes Andeg. Archiepiscopis, Episcopis, Abbatib. Com. Baron. Justic. Vic. Ministris, & omnibus fidelibus suis Franc. & Anglis totius Angliæ salutem. Sciatis me concessisse Civibus meis London. quod nullus corum placitet extra muros civitatis London. de ullo placito præter placita de tenuris exterioribus, exceptis Monetariis & Ministris meis. Concessi etiam eis quietanciam murdri infra urbem & in portsoca. Et quod nullus eorum faciat duellum: & quod de placitis and Coronam pertinentib. se possint disrationare secundum antiquam consuetud. civitatis prædictæ. Et quod infra muros Civitatis nemo capiat hospitium per vim vel per liberationem Marescalli. Hoc etiam eis concessi quod omnes Cives Lond. sint quieti de theloneo & lestagio per totam Angli. & per portus maris, & quod &illegible; de amerciam, pecuniæ judicetur, nisi secundum legem civitatis quam &illegible; tempore Reg. H. avi mei. Et quod in Civitate in nullo placito sit meskeninga, Et quod Hustingum semel tantum in hebdomade teneatur: & quod terras suas & tenuras & vadimonia & omnia debita justè habeant, quiconque eis debeat, & de terris suis, & tenuris quæ infra urbem sunt, rectum eis teneatur secundum consuetudinem civitatis. Et de omnibus debitis suis quæ accommodata fuerint apud Lond. & de vadimoniis ibidem factis placita apud Lond. teneantur. Et si quis in tota Anglia theloneum, vel consuetudinem ab hominibus Lond. ceperit postquam ipse à recto defecerit vic. Lond. nanium iude apud Lond. capiat. Concedo etiam eis quod habeant fugaciones suas ubicunqueeas habuerint tempore Reg. H. avi mei. Insuper etiam ad emendationem civitatis; eis concessi quod omnes sint quieti de Brudtol, & de Childwice, & de Ieresgiene, & de Scotale. Ita quod Vic. &illegible; Lond. vel aliquis alius Baillivus scotale non fac. Has prædict. consuetud. eis concedo, & omnes alias libertates, & liberas consuet. quas habuerunt tempore Reg. H. avi mei, quando mehores vel liberiores habuerunt. Quare volo & sirmiter præcipio quod ipsi & heredes eorum hæc omnia prædicta hereditarie habeant & teneant de me & de meis hered. Test. T. Archiepiscopo Cantuar. R. Episcopo Lond. Phil. Episcopo Bothon. Ern. Episcopo Lexon. T. Cancell. R. de novo Burgo de sancto Walr. R. de Waren. Wal. Mammot. Ric. de Lucy, Guar. filio Gerold Mann. Biset. loc. de Baillolio apud Westmonast. Inspeximus etiam cartam Dom. Ric. primi quondam Regis Angliæ progenitoris nostri factam in hæc verba.

Ri. 1.Ric. Dei gratia, Rex Angl. Dux Normand. Aquit. Com. Andeg. Archiepiscopis, Episcopis, Abbatibus, Comir. Baronibus, Justic. Vic. Ministris, & omnibus sidelibus suis Francis & Anglis totius Angliæ salutem. &illegible; nos concessisse Civibus nostris London, quod nullus eorum placitet extra muros civitatis London. de ullo placito præter placita de tenuris exterioribus, exceptis monetariis & ministris nostric Concessimus etiam eis quietantiam murdri infra urbem, & in Portsocha, & quod nullus corum fac. duellum. & quod de placitis ad coronam pertinent. se possint disrationare secundum antiquam consuetud. civitatis. Et quod infra muros civitatis nemo capiat hospitium per vim, vel per liberationem Marescalli. Hac etiam eis concessimns quod omnes cives Lond. siat quieti de teloneo & lestagio per totam Angliam, & per portus maris. Et quod nullus de amerc. pecuniæ judicetur, nisi secundum legem civitatis quam habuerunt tenipore Regis Henrici avi Henr. patris nostri. Et quod in Civitate in nullo placito sit miskenninga. Et quod hustingum semel tantsi in hebdom. teneatur, & quod terras suas & tenuras & vadimonia, & debita omnia justè habeãt quicunq; eis debeat & de terris suis & tenuris quæ infra urbem sunt, rectum eis teneatur secundum consuetudinem civitatis, & de omnibus debitis suis quæ accommodata fuerint apud London. & de vadimoniis ibidem factis placita apud London. teneantur. Et si quis in tota Anglia teloneum vel cousuetudinem ab hominibus London. ceperit postquam ipse à recto &illegible; Vic. London. nanium inde apud London. capiat. Concedimus etiam eis quod habeant fugacionus suas ubimaque eas habuerunt tempore Reg. H. avi Henr. patris nostri. Insuper etiam ad emendationem civitatis, eis concessimus quod omnes sint quieti & de Beidtol & de Chidwite, & de Ieresgiene, & de Schothale. Ita quod Vic. nost. Lond. vel aliquis alius Ballivus Scothale non fac. Has prædictas, consuetudines eis concedimus & omnes alias libertates & liberas consuetudines quas habuerunt tempore Reg. Henrici avi Henr. patris nostri quando meliores vel liberiores habuerunt. Quare volumus & firmiter præcipimus, quod ipsi & heredes eorum hæc omnia prædicta hereditarie habeant & teneant de nobis & Heredib. nostris. Test. Hub. Cant. Archiepiscopo, Rich. London, Hug. Dunelm. Gilb. Reffens. Hug. Lincoln. Episcopis. Ran. Cestrens. Rich. Com. de Clare, Willielmo Marescal. Rog. Bigot. Gaufr. filio Petri. Hug. Bardo f. Wil. Briewer, Willielmo de Waren. Dat. per manum Willielmi. Eliens. Episc. Cancel. nost. apud Winton. 23. die April, anno regni nostri quinto.

R. 1.Inspeximus etiam quandam aliam Cartam ejusdem Dom. Reg. Progenit. nostri factam in hæc verba. R. Dei gatis Rex Angliæ, &illegible; Normandiæ, & Comes Andeg. Archiepiscopis, Episcopis, Abbatibus, Comitibus, Baronib. Justic. Vic. Senescallis, Castellanis, Constabular. Ballivis, Ministris, & omnibus fidelibus suis, salutem.

Noverit universitas vestra, nos pro salute animæ nostræ, & pro salúte animæ H. Reg. patris nostri, & animarum antecessorum nostrorum necnon & pro commumi utilitate civitatis nostræ London. & totius regni nostri; concessisse, & firmiter præcepisse, ut omnes Kiddelli qui sunt in Thamisia amoveantur ubicunque fuerint in Thamisia: & ne de cætero Kidelli alicubi ponantud in Thamisia. Quietuia etiam clamavimus omne id qued Custodes Turris nostræ London. annuatim percipere solebant de predictis Kidellis. Quare volumus, & firmiter præcipimus, nealiquis Custos prefatæ Turris aliquo tempore post hoc aliquid exigat ab aliquo nec aliquam demandam aut gravamen sive molestiam alicui inferat occasione prædictorum Kidellorum: satis enim nobis constat & per venerabilem patrem nostrum Hub. Cantuar. Archiepiscopum, & per alios fideles nostros nobis sufficienter datum est intelligi; quod maximum detrimentum & incommodum prædictæ civitati nostræ London. necnon & toti regno nostro occasione illorum Kidellorum proveniebat. Quod ut firmum & stabile perseveret in perpetuum præsentes paginæ inscriptione & sigillinostri appositione communivimus. His testibus. Huberto Cantuar. Archiepiscopo. Joh. Wigorniens. Hug. Coventriens. Episcopis. Joh. Comite Morton, Radolph. Comite Cestrens. Roberto Comite Leiceest. Willielmo Comite Arundel, Comite Willielmo Marescal. Willelmo de sanctæ Mariæ Ecclesia, Petro filio Herb. Mattheo fratre suo. Simon de Kymascherio de Quinceio. Dat. per manum Magistri Eust. Sarum Decani Vic. Cancell. tunc agentis. apud Insulam Andeliac. 14. die Julii aimo Regni nostri octavo.

R. Joh.Inspeximus etiam Cartam Domini Johanuis-quondam Reg. Angl. progenitor’s nostri factam in hæc verba:

Johannes Dei gratia Rex Angliæ, Dom. Hyberniæ, Dux Normandiæ, Aquitan. & Comes Andeg. Archiepiscopis, Episcopis, Abbatib. s. Com. Baron. Justic. Vic. Ministris, & omnibus fidelibus suis Francis & Anglis salutem. Sciatis nos concessisse civibus nostris London, quod nullus corum placitet extra muros civitatis London. deullo placito præter placita de tenuris exterioribus, exceptis Monetariis & Ministris nostris: Concessinus etiã eis quietanciam murdri infra urbem & in portsocha: Et quod nullus eorum fac. duellum, & quod de placitis ad coronam pertinen. se possint disrationare secundum antiquam consuetudinem civitatis: & quod infra muros civitatis neque in portsocha nemo capiat hospitium per vim vel per libertationem Mariscalli. Hoc etiam eis concessi. quod omnes cives London. sint quieti de relonco & lestagio, & omnia alia consuetud. per omnes terras nostras citra mare, & ultra, & per portus maris citu mare & ultra. Et quod nullus de amerciam. pecuniæ judicetur nisi secundum legem civitatis quam habuerunt tempore Reg. Hen. avi Henrici patris nostri: & quod in civitate in nullo placitosit miskenninga: Et quod hustingum semel tantum in hebdomads teneatur, & quod terras suas & tenuras, & vadimonia, & debita omnia justè habeant, quicunque eis debeat & de terris suis & tonuris quæ infra urbem sunt; rectum eis teneatur secundum consuetudinem civitatis, & de omnibus debitis suis quæ accommodata fuerint apud Londmum, & de vadimoniis ibidem factis placita apud London. teneantur: Et si quis in aliqua terrarum nostrarum citra mare vel ultra, sive in portubus maris citra mare vel ultra; teloneũ vel aliquam alium consuetudinem ab hominibus London. ceperit; postquam ipse à recto defecerit, Vic. Lond. namium inde apud London capiant. Concedimus etiam eis quod habeant fugaciones suas ubicunque eas habuerunt tempore Regis H. avi Henr. patris nostri. Insuper etiam ad emendationem civitatis eis concessimus, quod omnes sint quieti de Bridtol & de Childwite, & de Ieresgiene, & de Scotale. Ita quod Vic. nostr. Lond. vel aliquis alius Ballivus Scotale non fac. Has prædictas consuetudines eis concessimus & omnes alias libertates & liberas consuetudines quas habuerunt tempore Regis Henrici avi Henriei patris nostri quando meliores vel liberiores habuerunt. Quare volumus & firmiter præcipimus quod ipsi & heredes eorum hæc omnia prædicta hereditarie & integre habeant & teneant de nobis & heredib. nostris. Test. H. Cantuar. Archiepiscopo Cancell. nostro. W. London. E. Eliens. G. Wynton. & G. Roffens. Episcopis: Gaufr. filio Petri Com. Essex. Williel. Mariscall. Com. de Pembroc. Hamel. Com. Waren. Rich. Com. de Clare, Rogero le Bigot, W. Comite Arundell. Willielmo de Braos. Roberto filio Rogeri, Hug. Bard. W. Bryegwar. W. de Waren. Stephano de Turneham. Simon de Pateshill. Dat. per manum prædicti H. Cantuar. Archiepiscopi Cancell. nostri apud Sorham 17. die Junii, anno regni nostri primo.

Inspeximus etiam quandam aliam Cartam ejusdem Domini Johan. factam in hac verba:

Johannes Dei gratia Rex Angliæ, Dominus Hyberniæ, Dux Normandiæ, Aquitaniæ, & Comes Andeg. Archiepiscopis, Episcopis, Abbatibus, Comit. Baron. Iustic. Vic. præposttis & omnibus Ballivis & fidelibus suis salutem. Sciatis nos concessisse & præsenti carta nostra confirmasse, civibus London. Vicecom. Lond. & de Middlesex, cum omnibus rebus & consuetudinib. quæ pertinent ad prædict. Vicecomit. infra civitatem & extra per terras & per aquas: Habend. & tenend. eis, & heredibus suis finabiliter de nobis & hered. nostris: reddendo inde aunuatim nobia & heredib. nostris tres cent. lib. Sterlingorum blancorum duobus terminis anni; scilicet ad scaccar. Pasch. centum & quinquaginta lib. Et ad scaccar. sancti Mich. centum & quinquaginta lib. salvis civibus London omnibus libertatibus & liberis consuetud. suis. Et præterea concessimus civibus London. quod ipsi de scipsis faciant Vicecom. quoscunq; voluerint & amoveant quando voluerint & eos quos fecerint Vic. præsentent Iustic. nostris qui respondeant nobis vel Iustic. nostris ad Scaccar. nostrum de hiis quæ ad prædictum Vicecom. pertinent ex quibus nobis respondere debent, & nisi sufficienter responderint & satisfecerint; cives London. respondeant & satisfaciant de amercia. & firma salvis eisdem civibus libertatibus suis, sient prædictum est. Et salvis Viceisdem libertatibus quas alii cives London habent. Ita scilicet quod si illi qui pro tempore fuerint Vicecom. constituti aliquid delictum fecerint unde amerciam. pecuniæ debeant incurrere; non judicentur ad plus nisi ad amerciam. viginti librarum & hoc sine dampno aliorum civium si Vic. non sufficiant ad amerc. suorum solutionem. Si vero aliquod delictum fecerint, per quod periculum vita vel membrorum incurrere debeant; judicentur sicut judicari debent per legem civitatis: de hiis antem quæ ad prædictum Vic. pertinent respondeant Vicecom. ad Scaccar. nostrum coram Iustic. nostris: salvis eisdem Vic. libertatibus quas alii cives Lond. habent. Hancvero concessionem & consirmationem, fecimus civibus Lond. propter emendationem ejusdem civitatis, & quia antiquitus consuevit esse ad firmam pro recentis libria. Quare volumus & firmiter præcipimus quod cives Lon. & heredes sur prædictum Vicecom. Lond. & de Middelsex, cum omnibus ad prædictum Vicecom. pertin. habeant & teneant de nobis & hered. nostris finabiliter, & hereditarie libere & quiete honorifice & integre per prædictam firmam trescentarum librarum: & prohibemus ne aliquis civibus London. aliquod gravamen vel impedimentum, vel diminutionem, de hiis quæ ad prædictum Vicecom. pertinent vel pertinere folebant facere præsumat. Volumus etiam & præcipimus, quod si nos, vel hered. nostri, vel aliquis lustic. nostrorum aliquid dederimus vel concesserimus alicui de hiis quæ ad firmam prædicti Vicecomit. pertinent. illud civibus Lond. in acquietatione firmæ suæ ad Scaccar. nostrum annuatim computetur. Test. E. Elieos. S. Bathon. Episcopis. Willielmo Mariscallo, Com. Pembr. Rand. Com. Cestrens. Willielmo Com. Arundel. Roberto fillo Walt. Willielmo de Alben. Datum per manum H. Cant. Archiepiscopi, Canc. nostri apud bonam villam super Tokam 5. die Iulii regni nostri anno primo.

Inspeximus insuper quandam aliam Cartam prædicti Domini Iohan. progenitoris nostri factam in hæc verba. Iohannes Dei gratia Rex Angliæ, Dux Hyberniæ, Dux Normandiæ, Aquit. & Comes Andeg. Archiepiscopis, Episcopis, Abbatibus. Com. Baron. Iustic. Vic. Senelcall. Castellanis, Constabulariis, Ballivis, Ministris, & omnibus fidelibus suis salutem. Noverit universitas vestra, Nos pro salute animæ nostræ, & pro salute animæ H. Reg. patris nostri, & animarum antecessorũ nostrorum, necnon & pro communi utilitate civitatis nostræ London & totins regni nostri; concessisse & firmiter præcepisse, ut omnes Kidelli qui sunt in Thamisia vel in Medeway ubicunque fuerint in Thamisia, vel in Medeway amoveantur, & ne de cætero Kidelli alicubi ponantur in Thamisia, vel in Medeway super forisfac. decem librarum Stetlingorum. Quietum etiam clamavimus omne id quod Custodes Turris nostræ London. annuatim percipere solebant de prædictis Kidellis. Quare volumus & firmiter præcipimus ne aliquis Custos prefatæ Turris aliquo tempore post hoc aliquid exigat ab aliquo nec aliquam demandam aut gravamen sive molestiam alicui inferat occasione prædictorum Kidellorum: satis cnim nobis constat per venerab. patrem nostrum, Hub. Cant. Archiepiscop. & per alios fideles nostros, nobis sufficienter datum est intelligi quod maximum detrimentum & incommodit prædict. nost. civitat. London. neenon & tori regno nostro occanone illorum Kidellorum proveniebat. Quod ut firmum & stabile perseveret in perpetuum; præsentis paginæ inscriptione & sigilli nostri appositioue communimus hiis testibus, W. London. E. Eliens. & W. Winton &illegible; Gaufr. filio Petri Com. Essex. Willielmo Mariscall. Com. de Pembroe. H. Com. Waren. Comite Rogero de Bigot. R. Com. de Clare. Williel. de Braos, Roberto filio Rogeri. Hug. Barci. W. Briewer. Steph. de Turneham, Willielmo de Waren, Simon de Pateshill. Dat. per manum Hub. Cant. Archiepiscopi. Cancel. nostri apud Sornam. 17. die Junii, regni nostri anno primo.

Inspeximus etiam quandam aliam Cartam præfari Dom. J. factam in hæc verba:

Johannes Dei gratia Rex Angl. Dom. Hyber. Dux Normand, & Aquit. & Comes Andeg. Archiepiscopis, Episcopis, Abbatibus, Com. Baron. Justic. Vic. præpositis, & omnibus Ballivis, & sidelibus suis salutem.

Sciatis nos concessisse & præsenti Carta nostra &illegible; Baronibus nostris de civitate noster London. quod eligant sibi Majorem de seipsis singulis annis qui nobis sit fidells diseretus & idoneus ad regimen civitatis. Ita quod cum electus suerit nobis vel Justic. nostro si præsentes non snerimus præsentetur, & nobis juret sidelitatem & quod liceat eis &illegible; in fine anni amovere, & alium substituere si voluerint vol eundem retinere. Ita tamen quod nobis ostendatur &illegible; &illegible; nostro si præsentes non suerimus. Concessimns atiam &illegible; Baronibus nostris & hac Carta nostra confirmavimus quod habeant bene & in pace quiete & integre omnes libertates suas quibus hactenus usi sunt tam in cicivitate London. quam extra & tam in aquis quam in terris & in omnibus aliis locis salva nobis Chamberlengeria nostra. Quare volumus & firmiter &illegible; quod pradicti Barones nostri civitatis nostiæ London eligant sibi Majorem singulis annis de seipsis prædicto modo & quod omnes prædictas libertates bene & in pace integre & plenarie qum omnibus ad hujusmodi libertates pertinentibus sicut præd est. Testibus dominis, P. Wynton, W. Wigorn. W. Coventr. Episcopis. Wil. Brigwer. Petro filio Herberti. Galfrido de Lucy & Johanne filio Hug. Dat. per manum Magistri, Rlc. de Hariscis Canc. nostri apud Novum Templum Lond. 9. die Maii, An. Regni nostri Sextodecimo

Inspeximus insuper quandam aliam cartam supradicti Dom. J. fact. in hæc verba: Johannes Dei gratia Rex Angliæ, Dom. Hyb. Dux Normand. & Aquit, & Com. Andeg. Archiepiscop. Epis. Abbatibus. Com. Baron. Justic. Vic. & omnibus Ballivis, & fidelibus suis, salutem. Sciatis nos ad petitionem Majoris & Civium nostrorum London. Concessisse & præsenti Carta confirmasse quod Guilda telaria, non sit de cætero in Civitate London. nec uliatenus suscitetur, &c.

Inspeximus etiam quandam aliam cartam ejusdem Dom. Hen. factam in hæc verba: Hen. dei gratia Rex Angliæ Dom. Hyb. Dux Normandiæ & Aquit. Comes Andeg. Archiepiscopis, Episcopis, Abbatibus. Com. Baron. Iustic. Vic. Præpositis & omnibus Ballivis, & fidelibus suis salutem. Sciatis nos concessisse, & præsenti Carta nostra confirmasse, Baron, nostriæ de Civitate nostra London. quod eligant sibi Majorem dese-ipsis fingulis annis, qui nobis sit fidelis discretus, & idoneus ad regimen Civitatis. Ita quod cum electus fuerit, nobis vel Iustic. nostro si præsentes non fuerimus, presentetur, & nobis juret fidelitatem. Et quod liceat eis ipsum in fine Anai amovere & alium substituere si voluerint, vel eundẽ retinere. Ita tamẽ quod nobis ostendatur idem, vol Iustic. nostro si presentes non fuerimus. Concessimus criam eisdem Baronibus nostris, & hac carta nostra confirmavimus quod habeant bene & in pace libere quiete & integre omnes libertates suas qulbus hastonus usi sunt, tam in Civitate London. quam extra, & tam in aquis, quam in terris & omnibus alila locis, Salva nobis Chamberlegeria nostra. Quare volumus & fitmiter præcipimus quod præd. Barones nostri Civitatis nostræ London. eligant sibi Majorem fingulis annis, de se ipsis, prædicto modo; Et quod habeant omnes prædictas libertates bene & in pace integre & plenarie cum omnibus ad hujusmodi libertates pertientibus, sicut carta dom. patris nostri Johannis illustris Anglorum Regis quam inspeximus rationabiliter Testatur.

Quod convenit com recor do Will. Colet 7. Octobr. 1646.

Pat. 22. E. 3. p. 2. n. 2.Insperitnue etiam cartam dom. E. filii Regis E. quondim Regis Angliæ progenitoris nostri factam in hac verba. Edwardus dei gratis Rex Angliæ, Dux Hyb. & Dux Aquit. Omnibus ad quos præsentes literæ pervenerint salutem. Sciatis quod cum dilecti & sideles nostri Major, Aldermanni, ac cæterr Cives Civitatis nostræ London. nuper pro meliors &illegible; civitatis ejusde, ae pro comutilitate habitantium in civitate illa, & confluentium ad candem quadam inter se ordinassent, & statuissent in eadem Civitate perpetuo observanda, & nobis cum instantia supplicassent ut ea acceptare & confirmare curaremus, Nos inspectis quibusdam literis com. sigillo Civitatis illius, ac sigillo officli Majoritatis ejusdem Civitatis super præmissis patent. signatis, & nobis exhibitis, quosdam articulos a literis prædictis elici, & eos in quibusdam corrigi fecimus, prout inferius &illegible; videlicet quod major & Vicecomites Civitatis &illegible; per Cives ejusdem Civitatis juxta tenorem cartarum progenitorum nostrorum quondam Regum Angliæ eis inde confectatum eligantur, & non alio modo, & quod major Civitatis &illegible; in officio Majoritatis illius ultra unum annum simul non moretur. Et quod nullus Vicecomitum Civitatis illius qui pro &illegible; erunt, habeat nisi duos Clericos, & duos servientes ratione officii illius, & quod tales clericos & servientes sibi, suo periculo assumant, pro quibus voluerint respondere. Et quod Major Civitatis præd. dum Major fuerit, non habeat aliud officium ad Civitatem illam spectans quanr officium Majoratus ejusdem, nec sibi attraliat sen coram ipso teneat placitum vicecomitale in Camera Civitatis illus, nec alia placita quam illa quæ secundum antiquam censnetudinem Civitatis præd. tanquam Major tenere debet. Et quod Aldermanni Civitatis illius de anno in annum, & præcipue die sancti Gregorii Papæ per dictant Cõmunitatem sint amobiles & amoti anno sequẽti, non re-eligantur sed loco amotorũ alii eligantur per easdẽ Gardas de quibus sic amoti Aldermanni fuerunt. Et quod taliagia, vel auxilia ad opus nostrum, vel hæred. nostronum, sen pro statu & commodo Civitatis præd. exnunc in eadem assidend. postquam per homines gardarum ad hoc electos seu deputatos assessa fuerunt per Majorem, Aldermannos, seu alios non augmententur, nec exaltentur uisi de com. cõsensu majoris & cõmunitatis civitatis præd. & quod denarii de hujusmodi tallagiis & auxilils provenientes in custodia quatuar proberum &illegible; communariorum Civitatis præd. per Comunitatem ejusdẽ Civitatis, ad hoc eligendorum liberentur per testimonium corundem quatuor hominum ulterins liberand. Ita quod ildem quatuor homines Communitatem præd. ad quod commodum, & quos usus denarii illi devenetina &illegible; informare. Et quod nullus alienigena in libertatem Civitatis præd. admittatur nisi in hustengo, & quod indigena, & præcipue Anglicus mercator de certo misterio vel officio in libertatem Civitatis præd. non admiteatur nisi per manue aptionem sex hominum proborũ & sufficientium, de misterio vel officio, de quo ille eric qui in libertatem sic est admittendus: qui quidem sex homines manucapiant pro illo sic admittendo de conservando Civitatem præd. indempnem in illa parte & eadeni forma manucaptionis observeturde alienigenis præd. qui in libertatem Civitatis præd. in bustengo admittendi sunt, si sint de aliquo certo mesterio vel officio, & si non sint de certo mestero; tunc in libertatem ejusdem Civitatis non admittantur sine assensu communitatis civitatis illius, & illi qui in libertatem Civitatis illius, postquam regimen regni nostri suscepimus contra formas præscriptas, sunt admissi & qui contra ipsorum iuramentum, in hac parte prestitum, vel contra statum Civitatis illius venerunt, & inde legitime convincantur; libertate amittant Civitatis præd. Salvo semper quod de Apprenticiis in eadẽcivitate observentur modus & forma antiqui civitatis præd. Et quod singulis annis in præd. civit, quociens opus fuerit inquiratur si qui de libertate ejusdem civitatis de bonis aliorum, qui non sunt de eadem libertate in civitate illa mercandisas excercuerint bona &illegible; advocando propria sua esse contra ipsorum juramentum, & contra libertatem civitatis præd. & illi qui inde legitime convicti fuerint; libertatem ejusdem civitatis amittant. Et quod omnes et singuli in libertate civitatis præd. existentes & libertatibus ac libertis &illegible; ejusdem civitatis gandere volentes sint in lotto & Schotto & participes omnium onerum prossatu civitatis ejusdem, & pro. libertate ejusdem manutenendum juxta sacr. quod secerunt quando ad libertatem illam admissi fuerint, & qui hoc noluerit; libertatem ejusdem civitatis amitcat. Et quod omnes & singuli de libertate civitatis illius existentes & extra candem civitatem manentes, ac per se, vel per suoe, mercandisas stias infra dictam civitatem excercentes sint in lotto & scotto cum communariis ejusdem civitatis pro mercandisis &illegible; præd. vel aliàs a libertate sua amoveantur. Et quod cõmune sagillum civitatis præd. in custodia duorum Aldermannorum & duorum aliorum communariorum per communarios civitatis illius ad hoc eligendorum remaneat & quod sigillum illod non negetur pauperibus nec divitibus communariis de civitate præd. cum indiguerint dum tamen rationabiliter probare poterunt causam suædemãde & quod pro appopositione sigilli illius nichil capiatur. Et quod redditiones judiciorũ incaria civitatis illius & præcipue post veredictum inquisitionum captarum in casibus ubi inquisitiones capte fuerint, non &illegible; nisi difficultas intervenerit, & si difficultas intervenerit; propter hoc non remaneant ultra tertiam Cur. faciendæ. Et quod pondera & stateræ de mercandisis inter mercatores & mercatores porderandis de quibus exitus provenientes & cognitio eorundẽ ad cõmunitatem civitatis præd. pertinent in custodia proborum & sufficientium hominum de eadem civitate in officio illo expertorum & ad hoc per cõmunitatẽ præd. eligendorum remaneant ad volumatem cõmunitatis illius custodiend & quod aliis, quam sic eligendis nullatenus comittatur. Et quod vicecomites civitatis præd. &illegible; præ tempore fuerint theloneum & alias custumas, ad firmam suam pertinentes ac alia officia publica ad ipsos spectauria, & per alios excercend. si ea committere voluerint civibus sufficientibus pro quibus ipsi vicecomites respondere voluerint, & non aliis committant, & si quis per dictos vicecomites ad aliquod premissorum Deputatus, custumam indebitam capiat vel aliter se gesserit in officio illo quam debeat & ad sectam conquerentis inde convincatur, ab officio illo amoveatur, & juxta ejus demerita &illegible; Et quod mercatores, qui nõ sunt de libertate civitatis præd. vina aliqua seu alia mercimonia infra eandem civitatem seu &illegible; ejusdem ad retalliam non vendant: Et quod &illegible; aliquarum mercandisarum in civitate prædicta de catero &illegible; existant, nisi per mercatores de mesteris in quibus ipsi obroceatores habeant officia sus exercere ad hoc electi fuerint & super hoc saltem coram Majore civitatis prædict. præstiterint juramentum. Et quod omnes hospitatores in civitate prædicta, & suburbiis ejusdem, quamvis non sint de libertate civitatis illius, sint participes onerum per dictam civitatẽ pro statu ejusdem manntenendo contingentium quamdiu sie fuerint communes hospitatores sicut &illegible; &illegible; &illegible; in civitate & suburbiis prædict. ratione hospitalitatum &illegible; participabunt: salvo semper quod Mercatores de &illegible; & alii slienigenæ in dicta civitate ad invicem habitare & &illegible; possint prout hactenus facere consueverunt. Et quod &illegible; pontis civitatis prædict. & redditus & proficua ad pontem &illegible; pertinentia duobus probis & sufficientibus hominibus de civitate prædicta aliis quam Aldermannis ad hoc per cõmunitatem civitatis illius eligendis ad voluntatem ejusdem cõmunitatis &illegible; & qui cidem cõmunitati inde respondeant & non aliis committantur. Et quod nullus ferviens de Camera Guyhaldæ civitatis prædictæ capiat feodum de cõmunitate civitatis illius aut executionem faciat, nisi unus per cõmunitatem civitatis prædict. ad hoc electus: Et quod Camerarius, communis Clerious, & &illegible; serviens civitatis prædict. per cõmunitatem civitatis ejusdem eligantur & amoveantur pro voluntate ejusdem Cõmunitatis. Et quod Major & Recordator civitatis prædict. ac prædicti &illegible; & communis clericus feodis suis ratione officiorum &illegible; antiquitus statutis & solutis sint contenti, & alia feoda non capiant pro officiis supradictis. Et quod bona Aldermannorum civitatis prædict. in auxiliis tallagiis & aliis contributionibus dictam civitatem contingentibus per homines de gardis in quibus Aldermanni illi moram fecerint taxentur sicut bona cæterorum civium de ejusdem Gardis. Quos quidem articulos prout superius exprimuntur, & contenta in eisdem, &illegible; &illegible; & ratificamus, & ca pro nobis, & heredib. nostris quantum in nobis est prefatis civibus heredibus & successoribus suis &illegible; & confirmamus in civitate & suburbiis prædictis ad communem utilitatem in illis habitantium & confluentium ad eadem obtineod. & in &illegible; observand. Præterea, volentes &illegible; Aldermannis & civibus civitatis prædict. ad ipsorum requisitionem gratiam &illegible; &illegible; concessimus eis pro nobis & heredibus nostris, quod Major Aldermanni, cives, & cõmunitas &illegible; civitatis prædict. & eorum hered. & successores pro necessitatibus seu utilitatibus ejusdem civitatis nostræ inter se de ipsorum communi assensu super bonis suis infra civitatem illam super tam redditibus quam aliis & tam super mesteris quam alio modo quo expedire viderint tallagia assidere possint & levare sine occasione nostri, vel hered. nostrorum,Memorand. quod hi articuli confirmãtur in Rotulis Cartarum de anno 15. E. 3. nu. 12. seu ministrorum quorumcunq; & quod denarii de hujusmodi tallagiis provenientes in custodia quatuor proborũ & legal. hominum dictæ civitatis per cõmunitatem civitatis illius ad hoc eligendorũ remaneant, & extra ipsorum custodiam pro necessitatibus seu utilitatibus civitatis prædict. & non aliter expendantur. In cujus rei testimonium, has literas nostras fieri fecimus patentes. Teste Meipso apud Ebor. octavo die Iunii, anno regni duodecimo.

Per ipsum Reg. & Con. suis in Parliamento.Nos autem donationes concessiones confirmationes restitutiones innovationem & ordinationem prædictas necnon omnia alia & singula in Cartis, literis & tenore prædictis contenta rata habentes & grata ea pro nobis & heredibus nostris, quantum in nobis est acceptamus, approbamus, ac prelatis civibus, & corum heredibus & successoribus civibus civitatis illius tenore præsentium concedimus & confirmamus prout Cartæ literæ & tenor prædict. plenius testantur. Præterea volentes eisdem civibus suis multiplicibus exigentibus meritis & obsequiis gratiam in hac parte facere ampliorem; concessimus eis &illegible; & heredibus nostris, quantum in nobis est quod licèt ipsi vel predecessores sui aliqua vel aliquibus libertatum quietanciatum &illegible; ordinationum liberarum consuetudinum aut aliorum in dictis Cartis literis & renore contentorum aliquo casu emergente hactenus plene usi non fuerint, ipsi tamen cives & &illegible; heredes & successores cives civitatis illius omnibus & singulis libertatibus quietanciis concessionibus ordinationibus liberis &illegible; & omnibus aliis in cartis literis & tenore prædictis contentis & eorum quolibet de cætero plene & libere gaudeant & &illegible; in perpetuum sine occasione vel impedimento nostri vel hered. nostrorum, Iustic. Escaetorum, Vic. aut aliorum Ballivorum, seu Ministrorum nostrorum, vel hered. nostrorum quorumcumque. Hiis testibus, H. Cantuar. Archiepiscopo, totius Angl. Primat R. London. H. Winton. &illegible; nostro charissimo, Cancel. nostro. N. Barhon. & Wellens. Episcopia. Thoma &illegible; Iohanne Bedeford, Humfrido Gloucestr. fratribus nostris charissimis, Edwardo Ebor. consanguineo nostro Ducibus. Edmundo March. Thoma Arundel Thesaur. nostro, Richardo Warren Comitibus. Henr. le Scroop. Henr. Fitzhugh Camerario nostro. Thoma Erpingham Senescallo Hospitii nostri militibus, Iohanne Prophet Cusiode privati Sigilli nostri, & aliis. Dat. per manum Reg. &illegible; Westmonast. 12. die Iulii,

Ter ipsum Regem.

8. die Octob. 1646.

Convenit cum Recordo,

Wil. Collet.

Clausæ de anno Reg. Henr. sexti.

De proclænatione &illegible;.REX Majori & Vicecomitibus London, salutem. Cum per Cartas progenitorum nostrorum quondam Regum Angl. quas confirmavimus, concessum sit civibus nostris civitatis predict. quod Majorem & Aldermannos de seipsis quos voluerint eligant: & ipsos, nobis apud Westm. non existentibus, Thesaur. & Baron. nostris de Scaccario presentent ut ibidem prout moris est admittantur. Ac jam intellexerimus qued quanquam hujusenodi electiones per Majorem & Aldermãnos nec non diseretiores dictæ civitatis, ad hoc specialiter summonitos & præmunitos temporibus retroactis fieri consueverit: nonnulli tamen qui aliquod interesse in electionibus hujusmodi non habent, nec habere debent; electionibus illis ausu temerario se ingerunt immiscent & multociens electiones quæ rite & pacifice fierent, suis validis clamoribus & importunis multipliciter impediunt & perturbant ad intentionem quod tales eligantur qui suis malefactis & orroribus postmodum savere possent & ea sub dissimulatione dimittere impunita: quod si fieri permittaturin nostri ac coronæ & digtatis nostræ læsioné nec non status civitatis prædictæ subversioné civiutuq; nostrorum ibidem perturbationem & commotioné cederet manifeste. Nos igitur quieti & tranquillitati populi nobis subjecti providere & congruum remedium in hac parte volentes adhibere ut tenemur; vobis præcipimus firmiter injungentes quod ante tempus electionis Maioris civitatis prædictæ proxime faciend. per totam civitatem illam, & libertatem ejusdem ex parte nostra publice proclamari, & siriniter inhiberi fac. ne quis hujusmodi electioni nisi qui de jure, & secundum consuemdinem civitatis prædict. interesse debeat illi intersit quovis modo nec se de electione illa quoquo quæsito colure intromittar, neque esiam impediat vel perturber. Sed quod electio illa per Aldermannos, & alios Cives discretiores & potentiores civitatis pædict. ad hoc specialiter præmunitos & &illegible; siat & habeatur prout secundum consuetudinem sapradictam fuerit faciend. scientes pro cetto quod si quem alio modo quam ut premittitur electum nobis vell Thesau. & Baronibus de Scaccario præsentaveritis illum nulatenus admittemus & omnes illo; quos contrarium proclamationis & inhibitionis prædictarum inveneritis facientes arrestetis & eos prisonæ nostræ committatis ibidem moratur quousque pro corum deliberatione duxerimus demandand. Teste Rege apud Westmonast. 7. die Octob. Per Concilium.

8. Octob. 1646,

Convenit cum Recordo.

Wil. Collet.

The Charter of the second yeare of King Henry the fifth, Part. 2. No. 11.

Of the Cõfirmation of London.THE King to them before said Greeting. We have understood and seene a Charter of Lord Henry our father late King of England L: Henry made in these words, Henry, &c. We have seen also the Tenour of a Charter of Lord Henry somtimes King of England our Progenitor.

Henry by the grace of God, King of England.

Hen. 1.To our Arch-Bishop of Canterbury, and Bishops, and Abbots, and Earles, and Barrons, and Iustices, and Sheriffes, and all other his faithfull French and English of all England, Know ye That we have granted to my CITIZENS of LONDON, to hould Middlesex by Farme for 300. l. upon accompt, to them and their heires of me and my heires; So as the said CITIZENS shall appoint a Sheriffe whom there they please of themselves, and a Iustice whomsoever and what person soever of themselves they please, to keepe the Pleas of my Crowne, which are to be pleaded for the same; And none other shall be Justice over the men of London,Note this 1. and the CITIZENS shall not pleade without the walles of London in any plea, and they shall be discharged and free of scot and lot of daneget and of murther, and none of them shall make warre. And if any Citizen bee impleaded upon pleas of the Crowne, (by oath that he was adjudged in the City) a man of London may discharge himselfe and within the Walles of the City, none may be lodged, either of my Houshold, neither by other force delivered to any, and all men of London shall be discharged and free (and all their goods) throughout all England and Seaports of Tall, and passage and Lastage and all other Customes, and the Churches and erety the BARRONS and CITIZENS may have and hould well and in peace their Sokes with all Customes, so that strangers that do lodge in the Sokes, shall pay no Custome but to him whose Soke it is, or to &illegible; Servant whom he hath there placed, & a man of London shall use be Iudged in the amercements of mony, but according to custome (to wit) in 100. s. I say the pleas which concerne Amerciaments and &illegible; or false Iudgement shall not be any more in hustings nor in folkemote, nor in other pleas within the City, and the hustings shall sit once in a week (to wit) on Monday. And I will cause the CITIZENS to have their Lands and Pledges, and what is due unto them within the City, and without, And I will do right to them by the Law of the City for the Lands which they olayme of me, and if any shall take Tole or Custome of my CITIZENS of LONDON, The CITIZENS of London in the City may take of the Burrough or of the Towne where the Tole or Custome was taken so much as the man of London for Tole gave; And moreover, for his dammage which he shall receive, and all debtors, who owe debts to the CITIZENS of LONDON shall pay them in London, or shall discharge themselves in London that they owe nor, but if they will not pay the same, nor discharge themselves; Then the CITIZENS of LONDON of those that owed them debts, may take their Pledges or Distresses in the City of London, of that Burrough or village, or of that County in which &illegible; abideth who oweth the debt. And the CITIZENS of LONDON may have their Chases to &illegible;, as well and fully as their predecessors had (to wit) “In Chiltre and Middlesex, and Surrey. Witnesses, Bishop of Wintun, and Robert the Son of Richard, and Hugh Bigot, and Allvero of Totnes, and William of White-thorne, and Hubard the Kings Chamberlaine, and William of Mount-Fitcher, and Hangulse of Taney, and Iohn Bellet, and Robert the Sonne of Syward at Westminster.

Hen: 2.Moreover we have seen a Charter of our progenitor Lord Henry the second, sometime King of England, made in these words: “Henry King of England, and Duke of Normandy and Aquitaine, and Earle of Anjou. To our Archbishops, Bishops, Abbots, Earles, Barrons, Iustices, Sheriffes, Ministers, and alour faithfull Subjects of all England, French, or English, Greeting” Know ye, that I have granted to my Citizens of London, “that none of them pleade another without the walles of London, besides pleas of forraigne tenures, except my mony Coyners and Servants” And we have also granted them a quittance of murther within the Citty, and in Porte Soke, and that none of them be inforced to make Duell, and that they may discharge themselves of pleas belonging to the Crowne, according to the ancient Custome of the said City, and that within the walles of London none take up lodging by force, or appointment of the Marshall. And this also I have granted to them, That all Citizens of London be free of Toll, and Lastage throughout all England, and Sea-ports, and that none of them be judged in mercy of mony or amerced, but according to the Law of the City of London, which it had in the time of King Henry, my Grand-father; and that in the City miskenning or false Iudgement be in no plea, and that hustings be houlden but weekly, onely once in the week, and that they may justly hould their Lands and Tenures and pledges and all debts, whoever he be that is indebted to them, and that right be done unto them of their Lands and Tenures, which be within the City, of all their debts which were borrowed at London, according to the Custome of the City, and pleas held at London, and of Pledges there made” And if any in all England “take toll or Custome of the men of London, after such shall fayle to do right” The Sheriffe of London may take distresse “thereupon at London, Also I grant to them that they have their Chases, wheresoever they had them in the time of my Grandfather King Henry. Moreover also, for the amendment of the City of London, I have granted to them, That all of them be free and discharged of Bridge-tell, and Childewite, and of Ieresgreene, and of Scotale, so that my Shrioffe of London or any other Bailiffe make no Scotale. These said Customs I grant, “and all other liberties and free Customs which they had in the time of King Henry my Grand-father; when they had them better and more free. Wherefore I will and firmly command that they and their heares may have and hold of me and mine heires, all the things aforesaid for Inheritance. Witnesses Thomas Archbishop of Canterbury, Richard Bishop of London, Phillip Bishop of Bath, Edward Bishop of Exeter, Thomas the Chancelor, Robert of Newburgh of St. Walleties, Roger of Warren, Walter Munmouth, Richard of Lucy, Gerold Son of Gerold Marin Biset, Longe of Ballioll, at Westminster.

We have understood and seen: a Charter of our Progenitor Lord Richard the first, somtime King of England, made in these words.

Richard, by the grace of God, King of England, Duke of Normandy, Aquintaine, Earle of Anjou.

To our Arch-Bishops, Bishops, Abbots, Earles, Barrons, Justices, Sheriffes, Ministers, and all our faithfull Subjects of all England, French, and English, greeting.

Know ye, that we have granted to our Citizens of London, that none of them (except our Coyners and Servants) plead or sue without the walles of London, of any pleas, besides forraign Tenures. Also we have granted to them a discharge of Murther within the City of London, and in Portesoke, and that none of them be enforced to wage Combat, and that they may acquit themselves of the pleas belonging to the Crowne, according to the ancient custome of the City, and that none take up any lodging within the walles of the City by force, or appointment of the Marshall, These we have also granted to them. “That all Citizens of London be acquitted and free of Toll, and Lastage, throughout England, and all Seaports, And that none be adjudged in mercy of mony, but according to the Law of the City, which they had in the time of Henry, Grandfather to Henry our Father, and that miskenning our false Judgment in the City be in no pleas, and that Hustings be houlden but once in the week. And that they may justly have their Lands and Tenures, and Pawnes, and Pledges, and debts, whosoever he be indebted unto them” and right be done to them for their Lands and Tenures which are within the City according to the Custome of the City, and pleas be houlden at London for all debts which became due and contracted for at London, and for pawnes or weds there made. “And if any in all England shall take Tole or Custome of the men of London; after that such a one fail to do right, The Sheriffe of London may take a distresse thereupon at London.

We grant also to them, that they may have their Chases, wheresoever they had them in the time of King Henry, Grandfather unto Henry Our Father.

Moreover also, for the amendment of the City, we have granted to them; That all of them be acquit of Bridtoll, and of Childwite, and of Jerrisgreen, and of Scotale. So as our Sheriffe of London, or any other Bayliffe do not make Scotale.

These aforesaid Customes we grant to them, and all other Liberties and free Customes, which they had in the time of King Henry, Grandfather unto Henry our Father, when they had them better and more free.

Wherefore we will, and firmly command; that they and their Heires, all these aforesaid, may have and hold as their Inheritance, and hold of us and our heires: Witnesses, Hubert Archbishop of Canterbury, Richard Bishop of London, Hugh Bishop of Durham, Gilbert Bishop of Rochester, Hugh Bishop of Lincoln, Ralph Earl of Chester, Richard Earl of Clare, William Marshal, Roger Bygot, Galfride Son of Peter, Hugh Bardolfe, Wil. Brewer William of Warren, Given by the hand of William Bishop of Ely, our Chancellor at Winton, the 23. day of April, in the fifth yeare of Our Reign.

Rich: 1.We have viewed also another Charter of Our Progenitor the said Lord the King, made in these words;

Richard by the grace of God, King of England, Duke of Normandy, Aquitane, and Earl of Anjou; To Our Archbishops, Bishops, Abbots, Earles, Barrons, Justices, Sherieffes, Stewards, Castle-Keepers, Constables, Bailiffes, Ministers, and all his faithfull subjects greeting.

Be it known unto you all, that we for the health of our Soule, and for the health of the Soule of King Henry our Father, and the Soules of our Predecessors, and also for the common prefis of our City of London, and our whole Realme of England have granted and firmly commanded that all the Weeres which be in the Thames; be removed, wheresoever in Thames they be, and from henceforth Weeres be not set my where in Thames, we have also quite claymed all that which the Keepers of our Tower of London do use yeerly to take of the aforesaid Weeres,Note this Mr. Lieutenant of the Tower, and give over your unjust towling of fish & other bootes, sackbuts, and French Wine, Hogsheads, &c. wherefore we will and firmly command &illegible; that not any Keeper of our “Tower aforesaid at any time hereafter take any thing of any man, neither bring any demand, or burthen, or trouble upon any, by reason of the said Weeres, for it is fully made appeare unto us, and by our Reverend Father Hubert Archbishop of Canterbury, and other our faithfull Ministers; we fully understand, that great losse and disprofit did come unto our said City of London, and also to our whole Realme, by reason of those weeres, which that it may continue &illegible; and sure for ever, we have confirmed these presents by hand writing and putting to our seale thereto, witnesse Hubert Archbishop of Canterbury, Iohn Bishop of Worcester, Hugh Bishop of Coventry, Iohn Earle of Morton, (who was afterward King Iohn) Ralph Earle of Chester, Robert Earle of Leicester, William Earle of Arundel, Earle William Marshall, William of St. Maries Church, Peter Son of Herbert, Mathew his brother, Symon of Kymascheir of Rumsay. Given by the hand of Mr. Eustate, Deane of Sarum, Vice-Chancellour, then being at the Isle of &illegible; 14. of Iuly 8. yeare of our Raigne.

King Iohn. First Charter.We have seen also another Charter of our Progenitour Lord Iohn late King of England, made in these words.

Iohn by the grace of God King of England, Lord of Ireland, Duke of Normandy, and Aquaintaine, and Earle of Anjou.

To his Archbishops, Bishops, Abbots, Earles, Barrons, Justices, Sheriffes, Ministers, and all our faithfull subjects French and English, Greeting.

Know ye that we have grantes to our CITIZENS of LONDON that none of THEM (except our Coyners and Servants) be impleaded without the walles of the City of any pleas, besides pleas of forraigne Tenures out of the liberties. We have granted also to THEM acquittance of murther within the City and Suburbs, and that none of THEM be compelled to wage battayle, and that they may discharge THEMSELVES of the pleas belonging to our Crowne, according to the ancient Custome of the City, and that within the walles of the City, nor Subburbs no man take up lodging by force or appointment of the Marshall.

This we have also granted to THEM, that ALL THE CITIZENS of LONDON be aquit of Tole, and Lastage, and of all other Customes through all our dominions on this side of the Sea and beyond. And that none in mercy of money be judged or amerced, but according to the Law of the City which they had in the time of King Henry, Grandfather of Henry our Father. And that misk &illegible; or false Iudgment, be no. in any pleas in the City, and that Hustings be holden onely but once in a week: And that they justly have all their Lands, and Tenures, and Pawnes, and debts of him, who ever he be that is indebted to them, and that right be holden to them of their Lands and Tenures which are within the City, according to the customes of the City, and of all their debts which were borrowed at London, and of Pawnes there made unto them, the pleas thereof shall be houlden at London, and if any within any of our Dominions on this side of the Sea, or beyond, or in any parts of the Sea, shall take any Toll, or any other Custome of the men of London, after that he shall faile to do right. The Sheriffe of London may take therefore a distresse at London. We grant also to them, that they have their Chases wheresoever they had them in the time of King Henry Grandfather to Henry our Father. Moreover also for the amendment of THE CITY, we have granted to THEM that they be ALL acquit and discharged of Bridg-toll, and Childwise, and of Ieresgreene, and of Scotale, so that our Sheriffe of London, or any other Bayliffe, do not make Scotale. These aforesaid Customs we have granted to THEM, and all other liberties and free Customs which THEY had in the time of King Henry, Grandfather to Henry our Father, when they had them better, or more free. Wherefore we will and strictly command, that THEY and THEIR Heires, have fully and for inheritance, wholly, all these aforesaid, and hold of us and our Heirs. WITNESSESH, Archbishop of Canterbury our Chancellor, W. Bishop of London, E. Bishop of Ely, G. Bishop of Winton; G. Bishop of Rochester, Geffrey sonne of Peter Earle of Essex, William Marshall Earle of Pembroke, Hansel Earle of Watren, Richard Earle of Clare, Roger &illegible; William Earle of Arundell, William of Braus, Robert sonne of Roger, Hugh Bard, W. Bridgwarren, W. of Warren, Stephen of Turnham, Simon of Pateshill. Given by the hand of the aforesaid H. Archbishop of Canterbury our Chancellor, at Sorham, the &illegible; of June, in the first yeare of our reigne.

K. Iohns second Charter.We have also viewed another certain Charter of the said Lord John, made in these words, John by the grace of God King of England, Lord of Ireland, Duke of Normandy, Aquitain, and Earle of Anjou. To his Archbishops, Bishops, Abbots, Earles, Barons, Justices, Sheriffes, Stewards, and all our Bailiffes and faithful subjects, greeting.

Know yee, that we have granted, and by this present Charter confirmed to the CITIZENS OF LONDON, the Sheriffwick of Middlesex, with all things and customes which appertain to the said Sheriffwick, within the Citie and without, by land and by water, to have and hold to THEM and THEIR HEIRES for ever, of us and our heires; paying there for yearly to us and our heires, 300. l. Sterling Blankes, at two tearmes of the yeare, To wit, at the Exchequer at Easter, 150. l. and as the Exchequer 150. l. at &illegible;; saving to the CITIZENS OF LONDON all their Liberties and free Customes. Furthermore, we have granted to the CITIZENS OF LONDON, That they OF THEMSELVES may make Sheriffes whom THEY will, and remove them when they please; and that they present there whom they make Sheriffes, to our Justistices, who may answer to us, as our Barons of the Exchequer, for these things belonging to the said Sheriffwicks, of which they ought to answer to us: And if they do not fully answer and satisfie the CITIZENS OF LONDON are to answer and satisfie of the Amercement of the Farm; saving to our said CITIZENS their liberties as aforesaid, and saving to the said Sheriffes the same liberties which other the said Citizens of London have, yet so that if those which for the time being shall be appointed Sheriffes, shall commit any offence; wherefore they ought to incurr the mercy of mony, or be amerced, shall be adjudged or condemned in no more but in forfeiture of 20. l. (AND THAT WITHOVT LOSSE OR PREJVDICE OF OTHER Citizens.) If the Sheriffs be not able to pay the forfeiture, But if they commit any offence for which they ought to undergoe the tryall of life or member, they are to be judged as they ought by the Law of the City; But of that which belongs to the Sheriffwick, the Sheriffes shall answer in our Exchequer, before our Barons, Saving to the said Sheriffes the liberties which other Citizens of London have.

This grant and confirmation we have made to our Citizens of London, for the amendment of the said Citie. And because anciently it hath been accustomed to be let to farm for 300 pounds, wherefore we will and firmly command, that our citizens of London and their heires have and hold of us and our heirs for ever, and by inheritance freely and quietly, honorably and fully, the said Sheriffwick of London and Middlesex by the aforesaid Farme of 300. pound. And we forbid that not any presume to make any let or hindrance to the citizens of London of that which belongs or was accustomed to belong to the said Sheriffwick. Also Wee will and command, that if We, our heires, or any of our Justices, have given or granted to any, ought of that which belongs to the Farme of the foresaid Sheriffwick; the same shall be yearly allowed upon account in the Exchequer to the citizens of London, in discharge of their Farme. WITNESSES. E. Bishop of Ely, S, Bishop of Bath, William Marshall Earle of Pembroke, Rand Earle of Chester, Wil. Earle of Arundel, Robert sonne of Walt. Will. of Albans, Given by the hand of H. Archbishop of Canterbury our Chancellor, at Bona villa upon Toke, the fifth of July in the first yeare of our reigne.

K. Johns third charter.Moreover wee have seen another certaine Charter of the said Lord Iohn our Progenitor made in these words.

Iohn by the grace of God, King of England, Lord of Ireland, Duke of Normandy, Aquitaint, and Earle of Anjou. To our Archbishops, Bishops, Abbots, Earles, Barrons, Justices, Sheriffes, Scuards, Castle-Keepers, Constables, Bayliffes, Ministers, and other his faithfull subjects, greeting.

“Be it knowne unto you all, that we for the health of our Soule, and for the health of the Soule of King Henry our Father, and the Soules of our Progenitors, and also for the common profit of our City of London, and our whole Realm, have granted and firmly commanded that all the Weeres which are in Thames or Medewayes, wheresoever they be in Thames or Medeways, be removed thence and from henceforth no Weeres be set any where in Thames or Medeway, upon forfeiture of ten pounds starling; We have also quite claimed all that which our Keepers of our Tower of London were wont yearly to take of the said Weeres; Wherefore we will and firmly command, that nor any Keeper of the aforesaid Tower; at any time hereafter enact any thing of any, nor bring upon any, demand, burthen, or trouble by reason of the aforesaid Weeres; for it is clearly made known unto us, by our reverend Father Hubert Archbishop of Canterbury, and by other our faithfull subject, & it is fully given us to understand, that very great losse and disprofit did come to our said City, and also to our whole Realme, by reason of the said Weeres, which that it may continue firme and sure for ever; we have confirmed by our inscription of this present Charter, and by putting thereto our Seal, Witnesses, W. B. of London, E. Bishop of Ely. W. Bishop of Winton, Galfride Son to Peter Earle of Essex, William Mariscall Earle of Pembroke, Henry Earle of Warwick Earle Roger of Bigot, R. Earle of Clare, William of Bruce, Robert Son of Roger, Hugh Bard, William Brewer, Stephen of Turntham. William of Warren, Simon de Pateshill. Given by the hand of Hub: Archbishop of Canterbury, our Chancellor at Sorham the 17. day of June, in the first year of our Raigne.

4.We have also seen another certain Charter of the foresaid Lord John, in these words:

K. Iohns fourth charter.John by the grace of God, King of England, Lord of Ireland, Duke of Normandy, and Aquitane, and Earle of Anjou: To his Archbishops, Bishops, Abbots, Earles, Barons, Justices, Sheriffes, Stewards, and his Bailiffes, and faithful subjects, Greeting.

By which is meant every free man of London. See Londons liberty in chaines discovered, &illegible; 11. 12.Know yee, that we have granted, and by these present Charters confirmed to our BARONS OF OVR CITY OF LONDON, that THEY May of THEMSELVES chuse yearly a MAJOR, who is to us faithfull, discreet, and fit for the Government of the Citie; so that when he shall bee chosen, he shall be presented to us, or to our Iustice, if we be not present, and to sweare to us fidelity; And that they may at the end of the yeare remove him, and appoint another, or continue him, if they please. Notwithstanding so, that he be shewed to us, or to our Iustice, if we be not present. We have also granted to our said BARONS, and by this Charter confirmed, That they may well, peaceably, quietly, and fully have all their liberties which heretofore they have used, as well in the Citie of London, as without, as well by water as by land, and in all other places, saving to us our Chamberlengarie. Wherefore wee will and firmly command, that our said BARONS OF OVR SAID CITY OF LONDON, may chuse yearly to themselves, a Major of themselves, after the aforesaid manner: and that they may well and in peace, wholly and fully have the aforesaid liberties with all things appertaining unto the said liberty, as is aforesaid. WITNESSE the Lords, P. Bishop of Winton, W. Bishop of Wigorn, W. Bishop of Coventry, William Brigwer, Peter, son of Herbert, Galfride of Lucy, and Johnson of Hugh. Given by the hand of Mr. Rich. de Hariscis our Chancellor, at the new Temple London, 9. day of May, in the 16. yeare of our reigne.

K. Iohns fifth Charter.Moreover, we have seen another certain Charter of the foresaid Lord John, made in these words:

John by the grace of God, King of England, Lord of Ireland, Duke of Normandy, and Aquitane, and Earle of Anjou To his Archbishops, Bishops, Abbots. Earles, Barons, Iustices, Sheriffes, and all our Bailiffes, and faithfull subjects, Greeting,

Know yee, that we as the Petition of our Major and CITIZENS of London, have granted, and by this present Charter confirmed, that the Weavers Guild from henceforth be no more in the citie of London, nor any more revived, &c.

We have also seen another certain Charter of the said Lord Henry, made in these words:

Henry by the grace of God, King of England, Lord of Ireland, Duke of Normandy and Aquitane, Earle of Anjou: To his Archbishops, Bishops, Abbots, Earles, Barons, Iustices, Sheriffes, Stewards, and all our Bailiffes and faithfull subiects, greeting.

Know yee, that we have granted, and by this our present Charter confirmed to our BARONS OF OUR CITY OF LONDON, That THEY may of THEMSELVES chuse every yeare a MAJOR, who is to us to bee faithfull, discreet, and fit for the government of the Citie: So that when he shall be chosen, he be presented to us, or our Iustices, if we be not present, and sweare to us fidelity. And that it may be lawfull for them at the end of the yeare to remove him, and appoint another, or continue him if they please; yet so as that the be shewed to us or our Iustices, if we be not present. We have also granted to our said BARONS, and by this our Charter confirmed, That they well and in peace, freely, quietly, and wholly, may have and enioy all their liberties, which heretofore they have used, as well in the citie as without; as well by water as by land and in all other places; saving to us our Chamberidge. Wherefore we will and firmly command, THAT OUR SAID BARONS OF LONDON MAY OF THEMSELVES every year chuse for THEMSELVES a Maior after the aforesaid manner; and that they may well and in peace wholly and fully have and enioy all the said liberties, with all things belonging to the same liberties, as the Charter of our Father, Lord John, Noble King of &illegible; English (which we have seen) doth rationably testifie.

Hitherto this agreeth with the Record.

W. Colet.

7. Octob. 1646.

Pat. 22. E 2. Part 2. n. 3.We have also seen a charter of Lord Edward, some of King Edward, late King of England, our progenitor, made in these words:

Edward by the grace of God, King of England, Lord of Ireland, and Duke of Aquitane: To all to whom these present letters shall come, greeting.

“Know yee, that whereas our beloved and trusty, the Major, Aldermen, and the rest of the Citizens of our Citie of London, for the betterment of the said City, and for the common profit of the Inhabitants in the same Citie, and of such as repaire and come to the same, did among themselves ordaine and enact certaine things to be for ever observed in the said City, and earnestly supplicated us, that we would take care to accept and confirme the same, we having seene certaine letters pattents touching the premises, signed with the common Seale of the said City, and with the Seale of the office of the Majoralty of the same City concerning the premises being open and presented to us;1. we have caused certaine Articles to be drawne out of the said letters pattents, and the same in some things to be corrected as here following they are set down, that is to say, That the Major,2. and Sheriffs of the said City be chosen by the Citizens of the same City according to the Tenure of the Charters of our Progenitors formerly Kings of England therefore made unto them, and not otherwise. And the Major of the citie aforesaid shall not abide in the office of his Majoralty,3. at one time, above one year. And that none of the Sheriffes of the citie for the time being, have but two Clerks,4. and two servants, in regard of that office. And that they take such Clerks and serjeants at their own peril, for whom they will answer.5. And that the Major of the citie aforesaid, while he is Major, hold no other office belonging to the citie then the office of the Majoralty of the same citie. Neither draw unto him, or hold before him in the chamber of the said citie,6. any Vicecountill plea, nor any other pleas then those which according to the ancient custome of the said citie, as Major, he ought to hold.7. And that the Aldermen of the said citie from yeare to yeare, and especially upon the day of St. Gregory the Pope, by the said Comonalty be removeble; and being removed, may not be chosen again for the ensuing yeare. But in stead of those that be removed, others be chosen by the same Wards of which the Aldermen so removed were:8. And that Tallages or Aids for the use of us, our heires, or for the State or profit of the said citie from henceforth in the same, to be assessed, alter they be assessed by men of the Wards chosen or deputed for that end, may not be increased, or raised by the Major, Aldermen, or others, but by the common consent of the Major and Commonalty of the citie aforesaid. And that the monies arising from such Tallages,9. or aids, be delivered in to the custody of foure honest commoners of the citie aforesaid for that end, to be chosen by the commonalty of the said citie, to be paid over by the testimony of the same 4. men; so that the said foure men may be able to inform the said Commonalty, for what profit and what uses the said monies went.10. And that no stranger or or alien be admitted into the freedome of the said citie, but in the Hustings. And that a Native,11. and especially an English Merchant of any trade or calling, be not admitted into the liberty of the said citie, but by the manucaption of six honest and able men of the trade or calling of which he shall be who is so to be made free; which said six men shal becom bound for him to be made free, for keeping the citie harmlesse on that behalfe. And the same manner or form of manucaption shall be observed of the strangers or aliens aforesaid,12. who are to bee made free of the said citie in the Hustings, if they be of any certain trade or office. And if they be of no trade, then they may not be made free of the said Citie, without the assent of the Commonalty of the said citie.13. And they that were made free of the citie, since we took upon us the government of our Realm, contrary to the formes prescribed, and who against their oathes in this behalfe taken, or against the State of the citie have acted and been lawfully thereof convicted, shall forfeit their freedome of the citie; Provided alwayes, that the ancient manner and form of the city aforesaid of Apprentices in the same citie, be observed.14. And that every yeare in the said citie, so often as need shall require, inquisition be made, if any free-man of the said citie, shall sell in the citie the goods of others, who are not free of the citie, by calling those goods their own, contrary to their oath, and the freedome of the said Citie: those that shall be thereof lawfully convicted, &illegible; forfeit their freedome of the citie.15. And that all and every of those which are free of the City aforesaid, and willing to enjoy the liberties and free Customes of the said City, be in Lot and Scot, and partakers of all charges for the State of the said City aforesaid, and for maintaining the freedome thereof, according to the Oath which they did take,16 when they were made free, And he that will not this do, doth forfeit the freedome of the City; And that all and every who be free of the said City, and dwell without the same, and do exercise marchandize by themselves or Agenes within the City, Be in Lot and Scot with the Commons of the City for the said Merchandize, or otherwise, they shall forfeit their Freedome;17 And that main common Seale of the City aforesaid, he in the custody of two Aldermen, and two other Commoners to bee chosen for it by the COMMONS of the City; And that the said Seal be not denyed to the poor; nay, rich Commoners of the City aforesaid, whensoever they stand in need of it, while they can reasonably18 prove the cause or demand. And that nothing be taken for the setting to of the said Seal. And that Redditions of Judgments in the Courts of the City,19 and especially after verdict of Inquisitions taken in cases where Inquisitions are taken, shall not be hindered or retarded, unlesse some difficulty fall out: And if difficulty fall out,20 yet for this they shall not remain beyond the third Court to be holden after. And that weights and measures of Merchandize, to be measured betwixt Merchant and Merchant of which the profits arising and the Cognizance of the same, belong to the COMMONALTY of the said City, remain in the keeping of honest and able men of the City, skilfull in that Calling, and to be chosen for this by the COMMONALTY of the City to be kept at the pleasure of the said COMMONALTY, and it to be intrusted by no meanes to any other, but to such so to be chosen.21 And that the Sheriffs of the City aforesaid for the time being, may set the Toll and other Customes belonging to their Farm, and other publike offices belonging to them (and to be exercised by others) to able Citizens (if they will set them) for whom the Sheriffes themselves will answer, and to none other. And if any Deputed to any of the premises,22 undue customs, or shall otherwise behave himself, in that office then he ought, and at the Sute of the Complainant be thereof convicted, Be put out of that Office,23 and punished according to his demerits. And that Marchants who are not of the Freedome of the City aforesaid may not sell any wines, or other wares within the City or the Suburbs thereof by Retaile. And that &illegible; of any Marchandize in the City aforesaid may not be, except they be chosen by Marchants of those Trades; in which these Brokers have had their Callings to exercise; and upon this at the least take oath before the Major of the said City.25. And that all common Inkeepers in the said City and Suburbs thereof; though they be not of the Freedome of the City, but partakers of the charges belonging to the said City, for maintaining the State of the City, so long as they be common Inkeepers; as other the like Inkeepers in that City and Suburbs shall partake, by reason of the Inkeepers; provided alwayes, that Marchants of Gascoign, and other strangers alwayes may dwell and lodge together in the said City, as formerly they were accustomed to do. And that the keeping or the &illegible; of the City aforesaid,26. and the Rents and Profits belonging to the said Bridge, be committed to two honest and able men of the city aforesaid, others then Aldermen, to be chosen for that purpose, by the Commonalty of the said City,27. to bee kept at the pleasure of the Commonalty of the said City, & who are able to answer to the comonalty of the said ity for the saine and not to any others. And that no Sergeant of the chamber of Guildhal of the city aforesaid, take see of the comonalty of the said City, or make execution, unlesse he be thereunto chosen by the Comonalty of the city for that end. And that the Chamberlain,28 Common-Clark, and Common-sergeant of the City aforesaid, be chosen by the Commonalty of the said City; and removed at the pleasure of the said Commonalty. And that the Major and Recorder of the said City,29. and the said Chamberlain and Common-Clark, be content with their Fees appointed, & paid of old, by reason of their office. And other fees they may not take for their offices abovesaid.30. And that the Goods of Aldermen of the said city, be taxed as the Goods of other Citizens, in Aydes, Tallages, and other Contributions happening in the city, by men of the Wards, where these Aldermen abide?

Which Articles as they are before expressed, and contained in the same; we accept and ratifie; And the same for us, and our Heires, as much as in us be, Due grant and confirme to the said Citizens, and their Successors in the City and Suburbs aforesaid, for the common profits of those that therein dwell, and of those that come thither, and the same to keep, and for ever to be observed.

Moreover, we being willing upon their Petition, to confer more ample favour upon the Major, Aldermen, and Citizens have granted to them for us and our Heires, That the Major, Aldermen, Citizens, and Commonalty of the Commons of the City aforesaid, and their Heires and Successors; for the necessities and profits of our said City, by THEIR COMMON CONSENT AMONG THEMSELVES, may assesse Tollage upon the goods within the City, as well upon Rents, as other goods and as well upon Trades as any other way, which they shall see expedient, and the same to levy without let of us or our Heires, or our Ministers whomsoever; And that the monies arising out of such Tallages, remain in the custody of foure honest and lawfull men of the City, to be chosen for it by the COMMONALTY of the City, and expended out of their custody, for the necessities and profits of the said City, and not otherwise. In Testimony whereof, we have caused to be made these our Letters Pattents. Witnesse our self at Yorke, the 8. Day of June, the 12. Yeare of Our Raign.

Memorand. that these Articles are conformed in the Rolls of the charters of the 15. year. of Ed. 3. nos 12. by the King & his Councell in Parliament.We also, as much as in Us is, have accepted, approved and by the Tenor of these prosents, do grant and confirme unto, the said Citizens, and their Heires and Successors. Citizens of the said City; the said Gifts, Grants, Confirmations, Restitutions, Innovation and Ordinances aforesaid; And also, all other things in the Charters, Letters, and Tenor aforesaid contained; To have the same firme, and sure for us, and our heires, as the Charters, betters, and Tenor aforesaid do fully testifie.

Moreover, we are willing to extend more ample favour unto the full to our said Citizens, which their lawfull merits and services deserve; have for Us, and our Heires (as much as in Us is) granted unto them; That although they, or their Predecessors by &illegible; chance falling our haire not fully hitherto used any, or some of the Liberties, Quittances, Grants, Ordinances, Free-Customes, and other things in the said Charters, Letters, and Tenors contained; Neverthelesse, the said Citizens, and their Heires and Successors, Citizens of the said City; hereafter, may fully and freely for ever enjoy, and use all and every the Liberties, Quittances, Grants, Ordinances, Free-customes, and all other things in the Charters, Letters, and Tenors aforesaid contained, of any of them, without let or hinderance of us and our Heires. Justices of Exchequer, Sheriffes, or other Baylisses, or our Ministers, or of the Heires of any of us: These WITNESSES, H. Archbishop of Canterbury, Primate of all England, R. Bishop of London, H. Bishop of Winton our deal Vncle and Chancellour, N. Bishop of Bath & Wells; our most dear Brethren Tho: Duke of Clare, Iohn Duke of Bedford, Humphrey Duke of Gloueester, and our cozen Edward Duke of Yorke, Edmond the Marquis, Thomas Earle of &illegible; our Treasurer, Richard &illegible; of War wake; Sir Henry Descroope, Sir Henry Fitz-Hugh our Chamberlain, Sir Tho: Eripingham Steward of our Houshold, Knights; Iohn Prophet Keeper of our Privie-Seal, and others.

Given by the hand of the King at Westminster, the 12. Day of July.

By The King.

This agrees with the Record.

William Coles.

8. day of October,
      1646.

A Clause of the 11. of King HENRY the Sixth.

The King to the Major and Sheriffes of London, greeting.

WHereas, be the Charters of Our Progenitors, formerly Kings of England, WHICH WE HAVE CONFIRMED. It is granted to Our Citizens of Our City aforesaid; That they may choose Major, and Aldermen of themselves, when they please, and present them to Our Treasurer and Barons of the Exchequer, if we be not there, That they may be allowed there, as the manner is; And now wee have understood, that although is hath been acoustomed in times by-pass, such Elections to be made by the Major and Aldermen and more discreet men of the said City, for the same purpose specially summoned and warned;

Neverthelesse, some who have no Interest in such Elections, nor ought to have Interest in those Elections, but with a rash boldnesse behaved themselves, do mixe themselves in, and many wayes hinder and trouble those Elections (which should be orderly and peaceably made) with their strong and importunate clamours: to the end, that such may be chosen, who afterwards may favour their wickednesse and errours; to that intent, the same be passed unpunished: Which if it should be suffered to be done, would manifestly tend to the dishonour of Our Crown and Dignity: as also, the subversion of the state of the City, and to the trouble and commotion of our Citizens there; We therefore willing (as we are bound) to provide for the quiet and tranquility of the people, which are subject unto us, and apply a sitting remedy in this behalf,

We therefore command, and firmly injoyn you; that before the Elections to be made of the Major of the said city; you cause in our Name, through the whole City and the Liberties thereof, to be proclaimed, and staictly inhibited, that not any be at such Election; but he that ought of right by the custome of the city to be present at it, by any means, nor by colour, or shift, do get himself in upon the Election, nor hinder or disturbe the same; But that the Election be made, and had of the Aldermen, and other more understanding and able Citizens of the said city (for it specially so warned and summoned, as by the custome of the said city is to be made) Giving you for sure to understand, that when you shall present to us, or to our Treasurer, being chosen otherwise, then as beforesaid, We will in no wise allow him. And all those whom you shall find acting contrary to the prohibition & inhibition aforesaid;

We will and command, and strictly injoyn you, that you arrest them, and them commit to our Prison, there to abide, untill wee shall give Directions for their Deliverance.

Witnesse the King at Westminster the 7. day of October.

By The Councell.

8. Octob. 1646.

This agrees with the Record.

William Colet.

This prerogative Proclamation is no Act of Parliament, but only an Act of the King and his Councell, and so of no Authority at all in Law and Right to null, make void, abridge, or overthrow the Liberty of the Citizens, Barons, Burgesses, or Commons of London, that is, their native and naturall Rights, and which is established unto them by the Fundamentall Law of the and, as their popular and universall elections is; yea, and which their right so essentially, undoubtedly, and firmly, that I say, and will venture my life upon it, to make it good; that neither King nor Parliament, divided nor conjoyned, cannot justly take away from the Citizens of London, or any other Citizens in England, their generall, universall, and free voting, in electing of their Major, Aldermen, Sheriffes, Justices of Peace, Recorder, Chamberlain, Town-clark, common-Sergeant, Bridge-master, common-councell men, constables or any other Officer whatsoever that is amongst them particularly to officiate as Magistrate; for though it be, that Kings and Parliaments may confirme unto a city or people, their Fundamentall Rights and Liberties, that so they may with more peace, quietnesse, and freedome enjoy them; yet when they have so done, they cannot take them away againe at their pleasure; no not at all, without the contracting unto themselves the odious names of Tyrants and Oppressors; for the Parliament by their own doctrin, (Book Dec. pag. 150.) “arebetrusted by the people to provide for their Weale, but not for their Woe: So that by right, they cannot make the people lesse free then they are, or were, when they found them; but may make them as much more free, as possible they can: and if a Parliament or any other betrusted Power, should be so unnaturall, as to turne the strength of their Power to ruine, overthrow and destroy the Liberties of those, that impowred, or betrusted them; What doth this else, (by their own doctrine in the fore-mentioned pag.) but instate the people the impowrers or betrusters, into an absolute condition of disobedience, or non-observance of the Precepts, Orders, Injunctions, or Commands of their impowred Trustees, or Magistrates? unlesse we think, that obedience tyes men to destroy themselves, and their Fundamentall naturall Liberties and Freedomes; the injoyment of which, makes them to differ from bruit and savadge Beasts which were never created with reason and understand that glorious Image, that God made man in, and so made him Lord over all the creatures in the world besides himself; but not in the least, to Lord it over his brother man, without a speciall assignation and mutuall assent and agreement, for the better bearing each of other; and suitable to this, is that assertion of the Parliament, in their Declaration; that all Offices of trust, are, and ought to be for the good of the Trustees. But extraordinary great are the evils and miseries, that this poor Kingdome suffers by Pattentee-corporations; which, at the best, are but an indennizing of a few, to undennise a many, And to speake properly, England being a Kingdom governed by one Law made by universall and common consent (at least in pretence) in one Parliament; all these Pattentee-corporations of what kind soever, are most illegall, wicked, and Divels make-bates in the Kingdome, which will never throughly and truly injoy peace, quietnesse, and tranquility till they be all utterly anniholated and abolished, and therefore for the further manifestation of their illegalitie, and the evill thataccrew by them to this poor Kingdom.

I judge it not amisse, in the first place, here to insert; Mr. Tho: Iohnson Merchant his late printed plea, for Free-mens Liberties, which is a most excellent piece, and worth the serious perusall. His Preface to all the Commons of England, thus followeth:

The Preface to all the COMMONS of England.

WOrthy Freemen of England; The former publique Magistrates of this Kingdom, by their Machivilian empoysoned principles and specious pretences of common good, (whereas nothing lesse was intended) have most cunningly & fraudulently coxaned you of your native freedoms, (which by the fundamentall lawes and constitutions of the Kingdom, ye were born unto) and secretly by wicked Pattents have stoln away your Birth-right, to set up the particular and self-interests of private societies: One of which I here present to your serious consideration, as a great grievance and burthen, under which, the honest Clothier especially, and thousands of poor people groan: ye know for what this Kingdom hath almost been wasted to ashes, ye have spent so much of your estates and blood, viz. the subjects liberty, to which all civill government is subservient. My advice to all is this, especially the clothiers, and others who are deeply interessed, that as they love their bleeding dying Country, their deliver and from so great athraldome; they would by petitioning, and all lawfull meanes, be earnest with the Parliament for the removall of this and all other pressures.

They are bound in duty to God, injustice to you, in dischareg all of so great a trust committed into their hands; to case you of all unjust grievances, intolerable burthens: Be therefore active in the work. For very importunities sake, your indeavours will be crowned with a happy successe, and (if you saint not) &illegible; benefit of your labours, which shall alwayes be the desire of him who is willing to serve you.

April, 1646.

Thomas Johnson.

WHosoever surveys this Island in her radiant and shining luster with community and freedome, cannot but say; O quant a &illegible; Oh how great a change! For indeed, this kingdome is a Corporation or Society of men under one form of civill government, made by common consent in Parliament, who are all bound by the law, to maintain common freedome, and the general good of each other.

But particulars, Patent-societies, swelling with a Luciferian spirit, in desiring to advance into a higher room then their fellows, did by surreptions Patents incorporate themselves, exclusively became destructive to the whole body, and subverters of the true ancient priviledges of the people. And of all societies those of Merchants are the worst, having no foundation on the Lawes; The fellowship and charter of those that stile themselves Merchants of East-land, is a Monopoly of this kind, according to the true genuine sence of the word Monopoly, relating to a private company, who asscribe unto themselves the sole exercise and benefit of such a Trade, wherein every subject hath equall freedome with them, all which this Monopoly doth, and is illegall, being contrary to Magna Charta, the Petition of Right, Statutes of Monopolies, with divers others, and in particular, these three following.

The first is of the 14. of Edw. the 3. 2. Item, where it is contained in the Great Charter, “That all Merchants shall have safe and sure conduct to go out of the Realm of England, and to come, and abide, and go through the Realm of England, aswell by water, as by land: we at the request of the Prelates, Earles, Barons, and Commons, will and grant for us, and for our heires and successors, that all Merchants, Denizens, and Forraigners (except those which be of our enmity) may without let, safely come into the said Realm of England, with their Goods and Merehandize and safely tarry, and safely return, paying the customes, subsidies, and other profits reasonably thereof due; so alwayes that franchise and free customes reasonably, granted by us and our Ancestors to the City of London, and other Cities and good Towns of our Realme of England, be to them saved.

The second is of 18. Edw. 3. 3. “That the Ordinance made before this time, upon taking of sorts of wools in every County be wholly nulled and defeated, and that every man, aswel stranger, as privie from henceforth may buy wooll, according as they may agree with the seller as they were wont to do, before the said Ordinances, and that the Sea be open to all manner of Merchants, to passe with their Merchandize where it shall please them.

By both these Statutes, it evidently appeareth, that every Englishman may transport his commodity without molestation, to what Port beyond Sea he pleaseth, and make sale for his best advantage, every Englishman being a native Denizen, and privieman of this Kingdom, according to the true meaning of the law: for it unreasonable to me, that the Law should provide better for Aliens, then her own Children.

The third is of 12, Hen. 7. 6. viz. as followeth: “Yo the discreet Commons in this present Parliament; sheweth, unto your discreet wisdomes, the Marchant-Adventurers, inhabiting and dwelling in divers parts of this Realm out of the City of London, that where they have their passage, resort, course & recourse, with their goods, wares, and merchandize in divers coasts and parts beyond the Sea, aswell into Spain, Portugal, Britain, Ireland, Normandy, France, Civil, Venice, Danske, Eastland, Freezeland, and other divers and many places, Regions and Countries being in league and amity with the King our Soveraign Lord, there to buy and sell, and make their exchanges with the said goods, wares, and merchandizes, according to the law and custome used in every of the said regions and places, and there every person freely to use himself to his most advantage, without exaction, fine, imposition, or contribution to be had or taken of them, to, for, or by any English-person or persons, &c.

By which Statute, all merchants, aswell those inhabiting in divers parts of the Kingdom, as of the City of London, as also every free-born subject, is acknowledged as his Right to have freedome to trade to the said parts mentioned, and to divers other regions and countries, without subjection to any pattent, or paying any exaction, fine, &c.

For in that the Statute saith, every person is freely to use himself to his most advantage, without exaction, &c. to be had or taken of them, or any of them, to, for, or by any English person, or persons; it clearly holds forth, that the merchant, and consequently every man that useth comerce to these parts, ought not to come under the obedience of any oppressing Corporation whatsoever.

Now Dansk and the Eastland being expressed in the Stature, which are the principall parts to which these Eastland Merchants are priviledged by their Monopoly; and indeed, the crowne and glory of the rest for venting our native commodities; as also the other included, when the Statute saith, and other divers and many places, regions, and countries;

I hope every honest man will be willing with heart and hand to endeavour the recovery of our Birth-right which the Law so evidently makes, our own, from these unjust oppressors.

2. Contrary to the light of nature, which teacheth men to walk by congrulty and equality, &illegible; to oppresse, because they would not be oppressed, nor to take away a mans right, because they would not have another use the same measure to them. Which Principles of nature are engraven upon the hearts of Heathens, who certainly will rise up in judgment one day against these men, that sell us for slaves in our own Land.

3. It is irrationall: reason being the fountain of honest Lawes, gives to every man propriety and liberty: propriety of interest, freedome of enjoyment and improvement to his own advantage: from that propriety take away freedom and a considerable part is gone: nay, we see it by experience, that those who have bereft us of our liberty, have made bold with our propriety: and indeed, if Prerogative may take away the one; why not the other (from the same principles?) So that it appeares to be rationall, that every native who hath propriety of goods, wares, & merchandize, hath freedome to transport them to any Port beyond Seas, and there convert them to his own profit, it being his true and proper inheritance so to doe. It is very strange to my understanding, that one man should doe the work, and another man receive the wages; I mean, that the honest Clothier who has toyled much in the making of his cloth, shall not have the benefit to sell it here for his own gain, or to ship it for more profit; but being debarred of freedom in both, must make sale to them, in whose power it is to give him what price they please, whereby he is cheated of the fruit of his labour.

4. That the Monopoly is against the honour of the Nation; because by it the people are put in a condition of vassalage in their own country. It takes away industry the spring of wealth, the hearts of the people being brought to servility; and not able by reason of this, and other the like Patents, to imploy themselves, cannot chuse but procure sad effects, if not timely prevented; For

5. The Patent was illegally procured by the solicitation of evill Councellors, under the Broad Seal of England, in the 21. year of the Raign of Queen Elizabeth; it bring of no longer standing, under spectous pretences, as the profit of her then Majesty, the good of the Kingdom, &c. whereas by it, the Natives have been weakned and spolyed, which will easily appear, if we consider these particulars.

1. By reason of this Patent, thousands of poor people are in a condition of beggery, who otherwise might maintain themselvs in honest Callings, by the making of cloath, and other woollen manufactures, by Carding, Spinning, Weaving, &c. And certainly, this one thing throughly considered, should stirre up the bowels of every truly-noble spirited Englishman to double his strength if it were possible, an hundred fold, in all just wayes, for the remomovall of so great an obstruction.

2. The poore Clothier suppressed, none being to trade to those parts but the Company, THE CLOTHIER MAKES NOT HALF THE CLOATHES HE MIGHT: and for those he doth make, they being of a confederacy, and having all the priviledge of buying in their own hands; by reason whereof, many times he is forced to sell them at a farre lesse price then they cost him in making, or else to keep them till the next year, which discourages and slackens the Clothier in the prosecution of his calling, and causes some to fail, others to give over, and those which remain many of them scarce can make a living.

3. This Monopoly greatly impaireth the trade of Cloth: those who are judicious, affirme, that 5000. Cloathes more then are, would be made, shipped, and expended yearly in those parts to which they are authorised to trade to; which I verily beleeve, and prove thus: All the cloth they ship, some extraordinary times excepted, is but to one or two Townes, and there residing their Factors, who making sale to the Burger, hee sendeth the cloth up & down the Countrey, whence ariseth many mischiefs, the countries not being furnished as they should, as also the selling at such encessive rates, causeth the Dutch to make cloath in an abundant manner, and to be satisfied with it, though it be exceeding course. And again, there being divers Kingdomes, Dominions, Dukedomes, Countries, Cities, and Townes, to which by their Patent they are licenced, what advantage would the young merchant have, having so vast a compasse, how active would hee be from Town to Town, from Citie to Citie, from one Countrey to another, and SELLING CHEAP, would invite forraigne parties to set a true estimate upon our native commodities. And certainly were trade free, Swordland and Pomerland would vent much cloath; whereas the Company is not able to satisfie Eastland it selfe, by reason of the smallnesse of their stock; it may be easily conceived, that such a small company of Private men, are never able to suffice such famous Kingdomes and Dukedomes to which they onely are licansed to traffick.

6. It causeth a great decay of Navigation, which sustaineth the Mariners, so that by this and other the like Parents, the Saylorie greatly supprest.

7. It obstructeth Returnes, divers of the most staple commodities which our countrey stands in need of, are imported by then, viz. Flax, Hemr, Pot-ashes, Pitch, Tarre, Course Linnen, Packing Canvas, with divers other very considerable merchandize: now they bring over when they please, and what they please, and sell at what price they please, which cannot but have sundry evill concomitance. 1. Our Country is not satisfied with that variety and conveniency it should: and 2. By reason the Citizen gives such an unreasonable rate to the Merchant, the poore have all excessive deare, giving halfe as much more then the commodity is worth, or then it would be sold for, were the trade but open, from which and such other dealings it is, that the people are unconscionably wasted and weakned: and threfore what &illegible; it cost us, lets have this ravenous patent down: whereby there would be all these six gallant effects. 1. Multitudes of poor maintained. 2. The Clothier raised. 3. The trade of cloath greatly augmented, by reasons that thousands might be vented more then are. 4. The number of Merchants increased. 5. The Art of Navigation furthered. 6. And lastly, an universall benefit to the whole nation, from the plenty of merchandize imported, which we should have at farre easier and more valuable considerations.

Object. But it trade be free, the Alien will expect freedome also.

Answ. I see no ground but aliens paying custome, provided alwayes that wee enjoy as full and large priviledges with them, they ought to have the like here with us. But secondly, suppose the State should prohibit strangers, yet there is no shadow, or colour of right reason, that we who have equall liberties in the lawes, have &illegible; our estates & lives so freely, to preserve them, should be deprived of our true inheritance: & therfore for further satisfaction, I shall here insert part of their Charter, that every one may judge whether it be just or no. “Forasmuch as we be credibly informed, &c. that you our Subjects, Merchants and others, exercising and using the &illegible; and seat of Merchandise, out and from any our Dominions through the Sound, into the Realmes, Kingdomes, Dominions, Dukedomes, Countries, Cities and Townes of Norway, Swethia, Poland, and the territories of the same Kingdomes: as also into &illegible; and Liestand, under the dominion of the King of Pole, Prussia, and also Pomerland, from the river of Odera Eastward, and also &illegible; and Revill in Liestand aforesaid, Kingsbrough, Elbinge, Brownsbrough, and Dansick in Brusia, Copenhaven and Elsenore in Dansk: except the Nerve, and the territories thereof belonging: as also into the Island of Finland, Goteland, Eweland, and Burntholme within the Sound aforesaid, by one consent are willing to gather, and assemble your selves into one fellowship, and to be one body incorporate and politick, in deed and in name; Wee considering that your purposes in this behalf are very laudable, doe therefore not onely approve and ratifie the same, but will you to persevere in your good minds and purposes, to the establishment and perfection thereof, and earnestly desiring that our Merchants and their successors haunting the said Kingdomes, Dominions, Countries, Cities and Townes before mentioned, or any of them, for merchandize, in and through the “Sound of the Kingdome of Denmark (except before excepted) may from henceforth profit and increase as prosperously as any Merchants of this land have aforetime increased and profited: And do grant for us, our heires and successors, that from henceforth there be and shall be of the said fellowship, one GOVERNOR, one DEPUTY, or DEPUTIES, and foure and twenty ASSISTANTS of the said fellowship, and that they, or the major part of them may make Statutes, Lawes and Ordinances; and that the aforesaid Governor, or Deputie, or Deputies, and their successors, or the major part of them, as is aforesaid then present, as often as need shall be; the said Statutes, Lawes and Ordinances, shall and may execute and put in execution as well within our Realme of England, as within the said Realmes, Dominions, Cities & Countries, and every of them. And for that divers persons, our subjects, being not brought up in Merchandize, through their ignorance and &illegible; of knowledge, commit many inconveniencies, we willing to resist and prevent them, and intending to further the expert Merchant in their lawfull and honest trade: Will and by “our Regall authority we command, and also prohibit and forbid by these presents, that no subject of us, our heires, or successors, which is not, nor shall be by force of these presents, made free of the said Fellowship, shall by any maner of means at any time hereafter, intermeddle in the trade of Merchandize; or by any means buy and sell, or use any traffick into the said parts of Eastland, and countries aforesaid, or any of them, (except before excepted) upon pain to incurre our indignation: as also to pay such fines and, amencements, and to suffer imprisonment, and such other pains due to the transgressors of of the said statutes, ordinances and constitutions of the said fellowship, or to the said Governor or his Deputy and assistants aforesaid, shall seem meet and convenient, any law, statute, custome, or ordinance to the contrary thereof, many other things notwithstanding, &c.

And do further by these presents inhibit and forbid all and “every our subjects, & the subjects of us, our heirs & successors, not being licensed and authorized by vertue of these presents, to traffick in and to the said Countries, Kingdomes, Towns and places before recited, or use any manner of trade in or to them, contrary to the tenor of these presents, upon pain to incurre the displeasure of us, our heirs, and successors, and to be fined, pained, and imprisoned, according to the severall discretions and lawes of the Officers of the said former severall Companies and their successors. Withesse our self at Westminster the 17. day of August in, in the 21. year of our reign.

I no sooner made a survey of this cruell engine, what intellerable breaches and in-rodes it hath continually made upon us, but was cast into a sildden admiration, that so free a people as England should suffer themselves so violently to be ground to powder, which I shall illustrate to be treasonable in the practisers of it, by these Positions, 1. It to surrender a Castle by the Captain of that Castle, through feare and cowardize, and not from any compliance with the enemy, be treason; as was adjudged in the Parliament, 1 Rich. 2. Then is this a treasonable Patent: For besides the place, there is onely a losse of the adjacent parts, but by this Patent our Lawes, Liberties, nay, our very Lives, in pursuance of both the former, are subjected to will and tyrannie, he that walkes in the exercise of freedome, according to Law, is subject to their counter-commands, and to be fined payned, and imprisoned, and to suffer such other punishments, as to them shall seeme meet and convenient.

If to kill a Judge upon the Bench be treason, because of malice, not to the person, but to the Law; then is this a treasonable Pattent; here is not only a malice to the Law, but a most butcherly weapon-killing and destroying of it. These two cannot dwell together; for the life of the parent, so fat as it extends, is the death of the Law, which stops its free course for the benefit of the people, and makes it meerly a dead letter, a carkas without a soule, a power being given to Mr. Governour and his companions, to make Lawes, Statutes, and Ordinances; which power is more, and far greater, then belongs to the chiefe Magistrate to give, or can legally or justly be exercised by any but the Parliament; and therefore not to be received by any person or persons whatsoever, and certainly those Laws, & all that Government derived from Queen Elizabeths Broad Seal Commission, are according to the lusts of these men, being extra judiciall, in that they are above the Sphere of the Law.

Secondly, Contrary to the Law, if the endeavouring the subversion of the antient Fundamentall Lawes and Government of this Kingdome, and to introduce an arbytrary and tyrannicall Government be treason, as was adjudged in the case of the Earl of Strafford, and in the case of Sir Robert Berkly, by the first Article of impeachment by the House of Commons, July 6, 1641. then is this a treasonable patent; for here is not only an indeavour, but an actuall surrender of both Law and Government, which have made England a free people; and what more ancient or fundamentall, then those Laws which gratifie the Commons; and by which they enjoy their very lives: Here is an arbytrary Government introduced, and put into the hands of those whom the subject doth not owne to have any right of power & rule; and that in so high a nature, as can be no lesse then Monarchicall; for what can a Monarchicall power be, but to make lawes, and to punish the transgressors according to those lawes, by confiscation of goods, imprisonment, or taking away the life of the vassals: All which, they do by their patents and certainly this company of Merchants of East-land, who have practised arbytrarily for so long a &illegible; as they have done, against the liberties of the natives, deserve for all their cruelties to be proceeded against as publike Delinquents to the State.

3. As touching their Oath, it is &illegible; of the &illegible; (I am confident) that ever was made, which I shal here insert for every mans knowledge.

YOu shall swear to be good and true to our Soveraign Lord the Kings Majesty, and to his Heires and Successors. you shall be obedient and assistant to Mr. Governour, his Deputy and Deputies, and Assistants of Merchants of East-land. All Statutes and Ordinances, which bee, or shall be made by the said Governor, or by his Deputies, and Assistants standing in force; You shall truly hold and keepe, having no singular regard to your self, in hurt or prejudice of the Common-wealth of the said Fellowship; You shall heale, and not bewray: and if you shall know any manner of Person or Persons, which intend any hurt, harme, or prejudice to our said Soveraign Lord the Kings Majesty, or unto his Land, or to the foresaid Fellowship or Priviledges of the same, you shall give knowledge thereof, and do it to be known to the said Governour, or his Deputy; and you shall not colour or free any Forraigners Goods not free of the said Fellowship: All which you shall hold and keep to the uttermost of your power, or else being justly condemned for making default in any of the premises you shall truly from time to time, being orderly demanded, content & pay to the Treasurer of this Company for the time being, all and every such mulcts and penalties which have been or shall be limitted, and set for the Trangressors of the same.

So God you helpe.

Lieutenant Col. Lilburn, in his late book, called Innocencie and Truth justified, being an Answer to Mr. Pryns book, called the Lyar confounded, hath these passages, pag. 53. And in the second place, seeing they know, viz. the Merchant-Adventurers, That the Petition of Right doth condemn the King and his Privie Councell, for making and administring of Oaths not made by COMMON CONSENT OF PARLIAMENT; and seeing the Parliament, as they very well know, was lately so angry at the Bishops and their Convocation, for &illegible; to themselves the boldnesse to make an Oath, although they were invested with a more colourable authority to justifie them therein, then these can pretend; how exemplary ought the punishment of these men to be for their impudence and boldnesse, after the knowledge of all this, to force and prasse upon the free-men of England, an Oath of their own framing and making, and to keep their freedomes from them? because, out of Conscience they dare not take them, which at this present day is the condition of one Mr. JOHNSON, late servant to Mr. WHITLOCK, one of the beast-Country Monopolizing Merchants, which is all one in nature with the Monopoly of Merchant Adventurers: And not onely do they most unjustly keep my freedome from me, for which I have so often ventured my life in the Northern service this present wars, and to which, I was born by the Law; although I have served 7. years according to the Custome of the City of London, but most inhumanely have taken from me my place of Factorship in the East-land; and all, because I have rejected their Monopoly and Diabolicall Oath: and this was the gallant service of Mr. Burnel Governour, and his Associates the 3. Octob. 1645. but I expect to see Justice (that banished exile) return in all her glory, and these oppressing task-masters called to a just account: For certain I am, that the Law never gave them authority to make an Oath, or to force it upon my Conscience; besides, the Oath containeth many perjuries, in the second branch it ties the swearer to be assistant to Mr. Governour, and his Confederates, in all their dishonest proceedings.

In the third Branch, to keepe all their pernicious Lawes and Ordinances; which Lawes and Ordinances are to deprive the Subject of his right; and this will not satisfie, but to all that are to be made: O intollerable burthend whither will this bottomlesse pit go? here is &c. &c. &c. and innumerable company of &c. In the fourth branch; to keepe all their cozening secrets, and under-hand dealings in the pursuance of their patent.

And in the fifth branch, for making default in any of the premises; that is, for forswearing himself, which he doth that keeps it, aswell as he that keeps it not, because he swears not in truth, in judgment, and in righteousnesse, to pay such mulcts and penalties which have been or shall be limitted and set for the transgressors of the same, as if such great crimes could be washed away with a pennance: for my part I am clear in this point, that whosoever he bee that bends and yeelds obedience to this or the like Oath, deserves not the name of an Englishman: Surely, their designes are (to use the expression of Lieutenant-Colonel Lilburn, in page the 54. of his book, speaking against the Merchant-Adventurers) to make England a Land of slavery, ignorance, and beggery, or else a Land of perjury.

I have now learned the meaning of the Scripture, Rev. 13. 16, 17. And he causeth all both small and great, rich and poor, free and bond, to receive a mark in their right hand, or in their foreheads, that time might buy or sell, save he that had the marke, or the name of the beast, or the number of his name: which relates, as I conceive, to all Monopolies whatsoever, Jublata causa tollitur effectus, take but away these Merchants patents, and all other of the like nature; and there will a sudden way appear to the relief of the honest, comfort and tranquility to the whole Nation: for the effecting wherof, if I shall but irritate the courteous Reader, it is price sufficient for him whose desire it is not to live, but in the truth.

Thomas Johnson.

But for the further evincing of the illegality of these Patentee-Monopolies, I shall here insert a case upon the Statute of Monopolies, which was made and resolved by an able and learned Lawyer & who had not a little share in the framing & contriving of the said Statute: which case thus followeth:

IN the 21. year of the raign of Queen Elizabeth, divers Merchants of the City of London obtained a Grant by Letters-Pattents from the said Queen, whereby they are incorporate by a speciall name, prout, &c. and made a Body politique to have perpetuall succession; with a Grant, that they and their Successors may use the traffique and feat of Merchandize, out, of, and from any her Majesties Dominions, through the SOVND into SWETHIA, POLAND, and other COVNTRIES: which Corporation is commonly called the EAST-LAND COMPANY, with a Clause in the said Letters Pattents; that none but they themselves, and such as they shall think fit (for such Fines and Compositions as they shall impose, and in such manner and forme as they shal direct and allow of) shall trade or traffique through the said SOVND into the said parts of SWETHIA or POLAND, &c.

In the 20. year of King CHARLES I.S. being a Merchant, Citizen, and Free-man of the said City of London, but not a member, nor free of the said Incorporation, nor of the said Eastland Company, provideth English commodities of good and merchantable cloth, well and sufficiently wrought, dressed and dyed, and shippeth, or really offereth to ship the same, to be carryed from the Port and City of London aforesaid, by way of trade, traffique, and merchandize, through the said SOVND to Dantzick in Poland and maketh, or offereth to make, reall and due entry thereof in the Custome-house of the Port of London aforesaid; and to pay all Customes, and other duties and fees any way payable by Law, for or in respect of the shipping or entring, therof.

J. N. by, upon, and in pursuance of a Warrant or Command from the said Incorporation of Merchants, or Eastland Company, forbiddeth the said J. S. and the Officers of, and in the said Custome house, to make entry of the said goods, of, or for the coquetting or customing of the same, and forbiddeth the Master & Marriners of the ship, wherein the same should be laden or laid aboard, from taking or stowing them aboard in the said ship.

The said J. S. persisting neverthelesse in his endeavour duly to enter his said goods, and to coquet and custome the same, as to law appertaineth.

The said I.N. by pretext of some Warrant, or command from the said Incorporation, or Eastland Company of Merchants, grounded upon their Grant and Letters-Pattents aforesaid, seizeth upon, taketh, carrieth away, and detaineth the said goods, against the will of the said I.S. and will not let it passe in the course of trade, nor restore the same to him, upon, and after reasonable request thereof made.

The question is, whether the said I. S. may as a party grieved, have his speciall action, upon the Stat. of 21. Iac. chap. 3. concerning Monopolies, against the said, I. N. and recover his treble dammages, and double costs; yea, or no.

Vpon carefull perufall of the said Statute, as well the inducement or recitall thereof, as the body of the same, and the ten severall Provisoes therein contained; I am of opinion, that the said I. S. may have his Action upon the said Statute against the said I. N. and that he may, and ought to recover his treble dammages, and double costs, according to the purport of the same Statute.

My Reasons are as followeth:

First, I hold the said Letters-Pattents of 21. Eliz: for so much thereof, as concerneth the restraine of the Merchants, being Freemen of this Realm, from lawfull trading at their pleasures; to bee a Monopoly, or matter tending to the instituting, erecting, furthering, or countenancing of the sole using of a thing within this Realme, by some men within this Realm, excluding others having right to use the same, which is a Monopoly, or tending towards the same; and so was and is void, by force of the common Law, without the helpe of this Statute, which doth not in this point introduce or make a new Law; but only declareth, vindicateth, and confirmeth the ancient Lawes of the Land, by Judgment of the Parliament; as appeareth by the words of the said Statute in many places: namely, in the inducement to the body of the Act: in which inducement, it is recited; that the Declaration of King James, in 1610. (That all Grants of Monopolies were contrary to his Majesties Lawes) is consonant and agreeable to the ancient and fundamentall Lawes of this Realm.

And in the body of the Act, the word [declared] is put before the word [enacted.]

And the principall words of the Act run thus, viz.

That Monopolies, and all Commissions, Grants, Licences, Charters, and Letters Pattents, made, or to be made, of, or for the sole using of any thing within the Realm, and all Proclamations, Restraints Warrants of Assistances, and all other matters and things whatsoever, any way tending as aforesaid, are ALTOGETHER contrary to the Lawes of this Realm, and so are, and shall be utterly void, and of none effect, and in no wise to be put in ure or execution.

Which said leading words, viz. That they are contrary to the lawes; and the said conclusive words, viz. and so (that is, in true sence; because they are contrary to the Lawes) they are void; do manifestly shew, that without the help of this Law, the said Letters Pattents and all others of like nature were void. And the declaratory part of the stattutes was made only for the better enlightning of weaker judgments, or to arme the Ministers of Justice with confidence and security, to deliver and adjudge the Law in such particulars of this nature, as might after come in question against the importunity of powerfull Courtiers, when there was a direct written text of Statute-Law, which they might insist upon more perspicuous then the fundamentall common-law, and generall good custome of the Realm was, while being unwritten, it rested onely in the breasts of those who are the dispensers of it, every Judicatory in its proper turn.

After the Declaratory part of the said Statute, followeth the new provisionall introductive part of it; whereby (omitting purposely in this place, the word declared) it is further enacted, That if any person shall be hindered, grieved, disturbed, or disquieted, or his, or their goods, or chattels any way seized, attached, distrained, taken, carryed away, or detained by occasion or pretext of any Monopoly, or of any such Commission, Grant, Licence, Power, Liberty, Faculty; Letters-Pattents, Proclamation, Inhibition, Restraint, Warrant of Assistance, or other matter or thing tending as aforesaid (as in &illegible; said Act is mentioned) and will sue to be relievedin or for any the premises; That then, and in every such case, the same person and persons shall and may have his and their remedy for the same at the common-law in the Kings-Bench, Common-Pleas or Exchequer, by any Action or Actions, to be ground upon this Statute against him by whom he shall be so hindered, &c. or by whom his goods shall be so seized, &c. and recover TREBLE DAMMAGES and DOVBLE COSTS.

And in such suite as for the staying thereof, no priviledge, injunction, or order of &illegible; shall be prayed, granted admitted, or allowed, nor any more then one impadance, with a Clause of præmunirs, pro ut, &c.

And by this Clause, in the next place I observe clearly, that the said I. S. as the case is put, is to have his speciall action upon the said Statute against the said I. N. to recover his treble dammages, and double costs, and is not to be hindered from his proceeding by any priviledge, or order of restraint, &c. In case the 5. of the 10. provisoes in the said Act contained, do not sufficiently extend to attempt the said J.S. or his case, out of the declaratory part, and out of the new provisionall and introductive part of the said Statute.

The &illegible; words of the said fifth provisoe, are onely these, viz.

“Provided also, and it is hereby further intended, declared and enacted; that this Act, or any thing therein contained, shall not extend or be prejudiciall to the City of London, for, or concerning any Grants, Charters, or Letters-Pattents, to them made or granted or for, or concerning any custome or customes, used by &illegible; the same, or unto any Corporations, Companies, or Fellowships, of any Art, Trade, Occupation, or Mystery, or to any Companies, or Societies of Merchants within this Realm erected for the maintenance, enlargement, or ordering of any Trade or Merchandize: But that the same Charters, Customers, Corporations, Companies, Fellowships, and Societies, and their &illegible; and priviledges, powers and immunities, shall be and continue of such force and effect, as they were BEFORE THE MAKING OF THIS ACT, and of none other, any thing before in this Act contained to the contrary, in any wise notwithstanding.

And it seemeth to me, that this fifth Proviso doth neither in words nor in meaning exempt the said I. S. or his case, out of, or from the Declaratory part, or out of, or from the Provisionall and Introductive part of the said Statute: Because as to the Declaratory part, the said proviso being repugnãt to the body of the act, must needs be, & is, in true cõstruction of law, utterly void, as being therein totally repugnant to the declaratory part of the body of the Statute. For to say that all Monopolies and all Grants of such and such natures, are void by law, and yet to conclude that a particular Monopoly or Grant for sole using of a thing, &c. which by Law is a Monopoly, and so declared, is neuerthelesse no Monopoly, or is not void, is irreconcileably repugnant, and consequently the said Proviso, or Exception, being of such repugnant nature, as aforesaid, is in Law void.

And if it be objected by way of question, Why then was the Proviso inserted? The true & sufficient answer is easie, namely, That it was inserted to secure the city & Merchants who it did or might concern of thus much (which was all the right that was intended them) That if their Charters or Customes were in all, of in part good and valid in Law, before the making of this Statute; then in the points of such their forte and validity, this Statute should not make them worse; but leave them as they were before.

And whereas it may be objected, That though the said Proviso cannot exempt them out of the Declaratory Premises and body of the Act, yet it might exempt them from the new provisionall and Introductive part of the Act, namely, from being liable to treble dammages, and double costs, and from incurring the paines, penalties, and forfeitures of the Statute of Provision and Premunire, and that the said proviso shall take effect to this purpose, as by law it may, rather then be rejected as utterly void, & impertinent; I conceive neverthelesse, that this objection is of little force, because there was neither meaning in the Law-makers so to exempt them, nor are there any words in the Act expressing their intention so to bee, as appeareth by the very act it selfe, (the best expositor of the true meaning of it selfe) in comparing this proviso with the other parts and provisoes of and in the said act; which are differently penned from this proviso, and thereby doe shew the different meaning of the Law-makers in and concerning the Subject matter of this, and the subject matter of the said other Provisoes.

For the 6. 7, 8. 9. and 10. provisoes in the said act, are penned with apt and strong words in the beginning of every of “them, That it is provided and enacted that the said act, or any penalty or forfeiture before mentioned, shal not extend to Letters patents, or grants concerning Printing, Salt-peter, Gunpowder, casting or making of Ordnance, shot for Ordnance, Offices erected then in being, and not decryed, Allum, Allummines, the fellowship of the Hoastmen of Nowcastle upon Tyne, the licencing of Tavernes, the making of glasse, the transportation of Calves-skins, the making of sinalt, and the melting of Iron-ore with Sea-cole or pit-cole. All which last mentioned provisoes, except onely the eighth, doe conclude with words, That the said excepted letters Patents, and grants shall be as free from the provisions, penalties, & forfeitures contained in the said act, as if the said act had never been had or made; whereas the said fifth proviso hath no such apt or effectuall words either in the beginning or conclusion thereof. And though it be true, that the words in the beginning of the fifth proviso, are, “That the act, or any thing therein contained shall not extend or be prejudiciall to the Citie of London, or to such grants or letters patents, or that proviso referreth unto, which are large enough to exempt them from all provisions, disablements, penalties and forfeitures in the said act, as the same are pureell of, and contained in the said act; yet the word [prejudiciall] annexed to that word [extend] and the words in the conclusion of the said fifth proviso, which are of an explanatory and qualifying nature, doe so reconcile the said proviso to the body of the act, that upon the whole matter it is evident, the said Grants and Letters patents, by the meaning of the Law makers well couched, yet fully expressed in their words, are by the said proviso so and in such sort onely excepted from prejudice by the extent of the body of the Act thereunto, that they shal be and continue of such force and effect in law, and of none other, as they were before the making of the said act, which was just none at all in law, and therefore are now in every respect utterly void in law, (being by this act left without any Cloke, or Fig-leafe covers) any provision in the said act to the contrary notwithstanding: but not to be free from the declarations, penalties and forfeitures in the act contained, as if the act had never been had or made. For, to be of force as they were before the Act, is one thing, and to be as free as if the Act had never been, is another thing. And it is not to be conceived; that the said several provisoes in the said act contained, came to be so differently penned by meer accident, but by deliberate & wel-advised purpose, which is very cõsiderable for the true interpretatio of the said act For if the words [or be prejudiciall] be not explanatory, they are void & superfluous: for the word [shall not extend] was sufficient to except the intended grants and Letters Patents, out of the provision of the body of the Act to all purposes, if so large exception had been intended, as it was not; and therefore the words (or be prejudiciall) which are subjoyned, must needs be explanatory, or qualilifying, rather then rejected as utterly void: and then the true sense of both words united in right construction, is, That the provisions of the Statute shall not extend to the said grants, or Letters patents, to due unto them, or bring upon them any prejudice, that is, any wrong* by taking away the good or valid part thereof, or by making them of lesse force or effect then they were before the Statute, which had been a prejudice or wrong unto them; but no prejudice or wrong is done to the Letters patents, by giving a large and good remedie to parties grieved by offences to be done by colour of the ineffectuall parts, or clauses of such Grants, or Letters patents, which were void from the beginning. And note, this is not a popular and penall law in this point, but onely a Law conferring reliefe upon parties grieved, and to be largely interpreted accordingly.

And whereas it may be objected, That in the said Act there are foure other provisoes precedent to the said proviso &illegible; London, and the Societies and Companies of Merchants of this Realm, erected for the maintenance, enlargement, or ordering of trade, or Merchandize, for the excepting thereof, out of, &illegible; from the said act, or out of or from the declarations, of and in the said Act, which in the entrance into the said provisoes, or at the conclusion thereof, have no words to except the particulars in those provisoes specified or described from the provisions, penalties, & forfeiture, is contained in the body or purview of the said act; yet it were hard to think such persons as by pretext of letters patents, or grants of the King, or his predecessors in that behalfe made with clauses in them (peradventure) restraining all men without the consent of the Patentees, or their assignes, from exercising such particulars, should hinder men from their trade, in such sort onely as before the making of the said Statute they used without controll to doe, should onely for so hindering or disquieting a man, or for seizing or taking away of his goods after the said Statute bee exposed to an action or suit, wherein they should be liable to pay treble dammages, and double costs.

It is by way of distinction to be answered; “That if the makers of the law had so intended, they would have used the like words in this fifth proviso, as they did in foure of the five last provisoes, and their not using the same, importeth strongly that they meant noo any such matter. Also, the conclusion of the said fifth proviso being (as in effect) I have noted before, with an explanatory clause, viz. that the said Letters patents, &c. concerning such Societies and Companies of Merchants, should be & continue of such force & effect as they were before, & of none other. Their force and effect before the Statute, was, that they were good to incorporate the said Societies and Companies of Merchants, and of effect also to enable them to have perpetuall succession, and to make ordinances and constitutions, not repugnant to the law of the Realm; which no Corporation in England can doe, no not London it selfe, as Sir Edward Cook affirms in the fourth part of his Institutes, fol. 249. and chap. 50. And therefore &illegible; those Ordinances, &illegible; and Orders made by the Court of &illegible; and Common Councell of London, or by any of the Brotherhoods, or Patentee-Mynopolizing Corporations of Drapers, &illegible; Grocers, Cloath-workers, and Merchants of what &illegible; soever, &illegible; &illegible; contrary to the known, universall, and fundamentall law of the land, are absolutely and utterly void, and not in the lest to be obeyed, and punishable is he that shall put them in execution, and ought to bee reputed an enemy to the Lawes and Liberties of England; with other legall benefits, and of such force and effect they still are, by the declaratory operation of the said proviso; wherewith, the said proviso is aptly and fully satisfied, and no need to extend the same to exempt persons offending (by colour of such Grants, or Letters Patents, out of, and from the penalties or forfeitures inflicted by the act, by pretext of the illegall part of such letters Patents and Grants, the rather for that this is a beneficiall law, made for the good of the Common-wealth, and FOR FREEDOME AND LIBERTY OF TRADE, and of the free Subjects of the Realm in that behalfe: and therefore is to be largely interpreted for advancement of the generall remedy intended; and strictly to be interpreted in all points and particulars tending to abridge or restrain that good remedy. Also there are two main differences betwixt the said fifth proviso, and the foure first provisoer in the said Act. For the first two of the said four provisoes, concerning letters patents of priviledge, have in them these words, the first of them, that the said Declarations in the act should not extend to such letters Patents formerly made; & the second of them, to such letters Patents futurely made concerning the sole makong or working of new Manufactures to the first and true inventers thereof for a reasonable time of 21. yeares, or under, for such Letters Patents granted before the Statute; or for fourteen yeares, or under, to bee granted after the Statute: fourteen yeares being but the common time of two ordinary Apprentiships. Which kind of letters Patents granted as a just reward to the proper person or his assignes for and in respect of a meer new and good invention, not mischievous to the State, nor hurtfull to Trade, nor generally inconvenient, was never counted an illegal monopoly. And therefore being qualified, as in the said provisoes, and limited to the tearms of 21. and 14. yeares, as aforesaid, were not repugnant to the Declaratory part, or main body of the Statute, but wel consistent with the same, being reconcileable and reconciled by reasonable construction; whereas the Leters Patents and Grants in the said fifth proviso, are perpetuall: and so farre as they tend to RESTRAN FREE TRADE, and to appropriate it solely to some few persons, are MISCHIEVOUS MONOPOLIES, hurtfull to the State, generally inconvenient, and by the said provisoe not limitted to have continuance for any time or number of 21. or 14. yeares, or other terme whatsoever, nor otherwise in any sort, consistent with the body of the Act, and therefore either the Act must be Void, or the said provisoe, which being so, it followeth by the cleare rule for the construction of Statutes, that the said 5. provisoe, and not the body of the Act, is to be rejected as repugnant and voyd.

Touching the third provisoe, it is of so particular and speciall a nature, that no argument can be drawne from the words, or from the manner or forme thereof, towards the construction of the said 5. provisoe; for the said third provisoe is onely concerning priviledges, powers, or authorities formerly granted by Act of Parliament, which (not being unlawfull in the creation) however they might tend to give the sole using of some things to some particular persons, because they were erected by act of Parliament, to which all men in Law being parties are in Law concluded & bound thereby, alwayes provided they be not contrary to the fundamentall Lawes of the Kingdome, for the Parliament by their own confession are chosen and trusted by us to provide for our weale but not for our woe, Book. Declar. pag. 150. and therefore all the ordinances and orders of late unduly obtained from the present Parliament, by the Turky Merchants, Merchant-Adventurers, Greenland Merchants, or any other whatsoever; for the hindering of every free Englishman to trade into any place whatsoever beyond the Seas, or for the sole ingrossing it into the hands of such and such men, is altogether contrary to the just fundamentall Lawes of the Land, and so altogether illegall, unbinding, and ought not in the least to be obeyed, and I know no reason but the executers of them may as justly be put to death at Traytors, for indeavoring the subversion of the fundamentall Lawes of the Land, as Justice Empson, and Justice Dudley, were in the first yeare of Hen. 8. Speed. fol. 978. 983. Martin fol. 353. 355. 356. For their oppressions, and innovating cruelties, exercised upon the bodies and goods of many of the freemen of England, by coullor of an unjust and illegall Act of Parliament made in the 11. yeare of H. 7. Chap. 3. which Law, saith learned, Sir Edward Cooke in the second part of his institutes fol. 51. was made against the ancient and just fundamentall Law of the 29. Chapter of Magna Charta, yea in the very face of it, and therefore he calles it (though an Act of Parliament) an unjust and injurious Act, so that a Parliament cannot de jure do what they please, although de facto sometimes they do it, which is most unjust in them so to doe.

This third provisoe was inserted in caution lest this latter generall declaratory Act being contrary to such former particular Acts, qualified as before should amount to a repeale thereof; which by the makers of this law was not intended; and this provisoe inserted to make due provision according to such their true meaning.

And touching the 4. provisoe concerning privy Seales, enabling Judges in certaine cases to compound, it relateth not at all to that part of this Act concerning Monopolies, but to the other part of it, which concerneth the dispensation with penall Lawes, and the forfeitures thereof; as by the distinct parts of the Act, reddendo singula singulis, doth manifestly appeare, whereby no argument can be drawne from the matter or words, or from the manner or forme of this provisoe, towards the construing of the said 5. prouisoe, which onely relateth to, and concerneth that part of the Act, which treateth of Monopolies. And therefore upon the whole matter for the reasons aforesaid, I am of opinion, that the said letters-pattents of 21. Eliz. and all such like are within the compasse of the said Act, and thereby in the body of the same, declared to be a Monopoly, and are not by the said 5. provisoe, excepted or preserved from or against the provision, penalties, or forfeitures of and in the said Act contained; But that the said I. S. MAY HAVE SVCH ACTION FOR TREBLE DAMMAGES AND DOVBLE COSTS AS AFORESAID.

Having unto this paraphrase upon the Statute of Monopolies, joyned some Marginall notes of my own, the better to cleare some things contained in it; I shall heere insert you Mr. William Sycks his most excellent Remonstrance to the Parliament, delivered with his own hands to the Members thereof, in March 1645. immediately after he, and Mr. Thomas Iohnson Merchant had delivered a most excellent and gallant Petition to them, the Copy of which you may reade in my late printed booke, called Londons Liberty in Chaines discovered, pag. 43. 44. 45. and the end wherefore I insert this Remonstrance here, is because I hope thereby to provoke you especially; (O ye Barrons, or Commons of London) to revive his Remonstrance againe, that so you your selves, may be instruments to procure unto your selves, and your posterities, that extraordinary benefit (and inrichment to this whole Kingdome) free trade and trafick, which he (though free of the Merchant-Adventurers Corporation) with so much true zeale, honesty, and importunate earnestnesse, laboured to procure for you, but could not.

Onely this I must tell you, he followed it so close that by his meanes Collonel Alexander Rigby, that heroicall, true, and cordiall lover of his Country, had prepared to my knowledge the draught of an Ordinance, for ever to distroy all Monopolies, and absolutely to set Trade free, but for want of more helps then he had, could not then get it on in the House, which by a new Petition from you (so many gallant and honest new Members being chosen since into the House) now he easily may: Therefore for your own good and benefit as well as for the generall good and benefit of the whole Kingdome, and all our posterities, I wish all earnestnesse and &illegible; in &illegible; you wish the strength of zeal, and resolved resolution, forthwith unanimously to petition for the &illegible; of free Trade, and destroying of all illigall Monopolies of What kind soever, and also for the severe and exemplary punishment of all (the &illegible; especially) that have exercised them: that so the Generations to come may be terrified from the indeavouring the destruction of the fundamentall, and rationall established Law and Liberties of England.

To the Right Honorable the high Court of Parliament;

The humble Remonstrance of VVilliam Sykes Merchant, for free Trade in transporting & importing of lawfull and needfull commodities.

VVHereas of late the Remonstrant, and Thomas Johnson Merchant, for themselves, and on the behalfe of all the free-men of England, did petition both Houses of Parliament for Free Trade; which they are confident is the Common-wealths BIRTH-RIGHT, and reperations for wrongs done by those Ingrossers and Monopolizers, who by vertue of Patents, have been, and are sellers of that hereditable right, as the Company of Merchant-Adventurers have done to Citizens for 100. l. a man, and to Countrey people for 50. l. a man. The like may be said of the Company of East-countrey Merchants’, Muscovia Merchants, Turkie Merchants, and other Companies of Merchants, who have for a long time practised this way of trade-selling, and Monopolizing, to the great grievance of the people, and detriment to FREE TRADE, both at home and abroad.

Which Petition was presented to most Members of both Houses, and dispersed into the severall Counties of England, that this honorable Court may no longer delay the discharge of their trust, but speedily improve their power to rescue FREE TRADE from such Liberty-destroyers and Trade-ingrossers, and that the people may the better know for what end and purpose they have adventured their lives and estates in these present warres.

Yet the said Petition is not so much as publickly read in either House of Parliament, far lesse debated or answered, though the Common-wealth be so much concerned in it, as in nothing more, if the people knew their right and freedome, which this present Parliament hath confirmed, by the confirmation of Magna Charta, and by the executing of justice on the Earle of Strafford for his exercising arbitrary government against the freedome of England; therefore the Remonstrant doth conceive, that hee is bound in duty to follow the said petition with this Remonstrance, which he was emboldned to present for these two ensuing reasons, and to answer some objections, referring the conclusion to a serious resolution.

Reas. 1. The first reason is drawn from the second Table of Gods Law, which commands us to love our neighbour as our selves: This BIRTH-RIGHT OF FREE TRADE being as well our neighbours right as our own, therefore we petitioned as well for our neighbours, as for our selves.

Reas. 2. The second reason is drawn from the intent of the Protestation, which we solemnly took in the presence of Almighty God, To maintain the right and priviledge of the people with our lives and estates; this Free trade being all mens right and priviledge as well as our own, upon that ground we were moved to petition as well for their right of Free Trade, as for our own.

Obj. 1. But these Companies have been of long standing.

Ans. So have the Prelats, and so much the more wrong done to the Common-wealth, and therefore so much the greater need to be put down. For although robbing and taking of purses upon the high way, be of ancient standing, yet it doth not thereupon follow that such a practice is ever the lawfuller.

Ob. 2. But Magna Charta doth continue Bishops. (But I say, Magna Charta doth not establish Bishops, but onely the liberties and rights of the Church of England: and what those are, the Scripture doth best tell us. And although Bishops be taken away, yet the liberties of the Church established by Magna Charta, to this very day remain,) And admits transportation of wooll.

Ans. It is one thing to pull down Bishops, and make an Act against transporting of wool, being the desire and for the good of all; but it is another thing to take away the peoples Birth-right, FREE TRADE, without their consent, and to their prejudice, yea and against many petitions of many thousands in many Parliaments preferred for the rescuing of that right, and reparations for the countries wrongs.

Obj. 3, But Free trade will be destructive to the Common-wealth.

Ans. It will bee no more destructive to Eastland, Muscovia, Turkie, the Low-Countries, and other places, then it is for France, Spain, Ireland, Portugal, and Scotland, which is none at all.

Obj. 4. But Cloath is of another and better nature then Wine, &c. which are forraigne commodities.

Ans. The greater is the wrong, it being the grand in-land commodity, so that all other Patents and Monopolies may bee better renewed, then this continued.

Obj. 5. But Clothiers, and the like men, have not knowledge to manage this Free Trade.

Ans. If it were so (as it is not) yet the same is occasioned by these theeves and robbers, that cunningly and secretly by a faire but unjust and deceitfull pretence, steale the Common-wealths right, so as they are deprived of that opportunity to educate their children and servants, which may enable them to manage that priviledge of Free Trade.

Obj. 6. But they are against government, and would walk disorderly.

Ans. No, we would have both government and order in a solid and just way, but we are against hellish oaths, unlawful fines, sinfull orders, false imprisonment, law and right-sellers, all which are practised by these Trade-ingrossers, as will appeare by good testimony.

Obj. 7. But no man hath followed the petition.

Ans. Is it not the duty of every Trustee in the House of Commons to prosecute the Common-wealths right, and peoples priviledge? But if that be the hinderance, it is the humble desire of the Remonstrant, that Mr. Rigby, and Mr. Martin may be appointed to draw up a full Ordinance without delay, that hee or they, whosoever they be, under what pretence or fraud soever, may bee accursed that removes his neighbours land-mark (his Birth-right, or Free trade) and that the Commons house may approve themselves faithfull, and worthy the Common-wealths trust, and according to the solemne protestation, to bring to exemplary and condigne punishment, those who have been theeves and robbers in this kind; and according to an order made this present Parliament, it is earnestly desired, that the House may be purged of all such as are Patentees, Monopolizers, Trade-ingrossers, Sellers of peoples right, and destroyers of the Free Trade.

And also out of all other places of publick trust under the Parliament, whether in the Custome-house, Commission of Excise, Committees in City or Countrey, Soldiery, or other government, as Sheriffs, Treasurers, Majors, Aldermen, and the like, who are not worthy to be continued in any Common-wealths trust; & so much the more, by how much the longer they have practised such deceitfull robbery, and to let all such as have been wronged by these kind of men, have freedom with respect and countenance, to prosecute against these Caterpillers, for due reparations, according to the wrongs done by them and their Predecessors.

And if the Parliament would have the free people to fight for them, as they have willingly done, by venturing their lives and estates freely, to maintain their power and priviledge against the common enemy; then let that power bee improved and laid out again for the right and priviledge of the said people, to rescue and recover their Birth-right (Free Trade) out of the hands of those greedy and subtile spoylers, yea and grinders of the faces of the poore.

If any further objection be made against Free trade; then it is earnestly desired that the House of Commons would answer it themselves, as parties in behalfe of the free people, who have called them to that trust for that end; or otherwise let the mind & sense of the common people in every County and Corporation (all England over) be produced, and let it go upon that, in which way the Remonstrant is perswaded, that a hundred to one will bee for Free Trade.

So hoping this high and Honorable Court will have due respect to the premises, in all dutifull acknowledgement; the Remonstrant shall desire to prove himselfe the Common-wealths servant,

March 20. 1645.

William Sykes.

FINIS.

Endnotes

 [* ] Note well.