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Tracts on Liberty by the Levellers and their Critics Vol. 9 Addendum (1647–1649)

1st Edition, uncorrected (Date added: August 5, 2015)

This volume is part of a set of 7 volumes of Leveller Tracts: Tracts on Liberty by the Levellers and their Critics (1638-1659), 7 vols. Edited by David M. Hart and Ross Kenyon (Indianapolis: Liberty Fund, 2014). </titles/2595>.

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To date, the following volumes have been corrected:

Further information about the collection can be found here:

2nd Revised Edition

A second revised edition of the collection is planned after the conversion of the texts has been completed. It will include an image of the title page of the original pamphlet, its location, date, and id number in the Thomason Collection catalog, a brief bio of the author, and a brief description of the contents of the pamphlet. Also, the titles from the addendum volumes will be merged into their relevant volumes by date of publication.

 

Tracts on Liberty by the Levellers and their Critics, Volume 9 Addendum (1647–1649)

The Liberty of the Freeborne Englishman (John Lilburne in Gaol)
The Liberty of the Freeborne Englishman (John Lilburne in Gaol)

The Liberty of the Freeborne English-Man, Conferred on him by the house of lords. June 1646. John Lilburne. His age 23. Year 1641. Made by G. Glo.

“Gaze not upon this shaddow that is vaine,
Bur rather raise thy thoughts a higher straine,
To GOD (I meane) who set this young-man free,
And in like straits can eke thee.
Yea though the lords have him in bonds againe
LORD of lords will his just cause maintaine.”

 

Table of Contents

 

Editor’s Introduction

This collection of pamphlets and tracts is a supplement to earlier volumes in this series which were discovered during the course of their preparation. Publishing information about each title can be found in the catalog of the George Thomason collection (henceforth “TT” for Thomason Tracts):

Catalogue of the Pamphlets, Books, Newspapers, and Manuscripts relating to the Civil War, the Commonwealth, and Restoration, collected by George Thomason, 1640–1661. 2 vols. (London: William Cowper and Sons, 1908).

  • Vol. 1. Catalogue of the Collection, 1640–1652
  • Vol. 2. Catalogue of the Collection, 1653–1661. Newspapers. Index.

Biographical information about the authors can be found in the Biographical Dictionary of British Radicals in the Seventeenth Century, ed. Richard L. Greaves and Robert Zeller (Brighton, Sussex: The Harvester Press, 1982–84), 3 vols.

  • Volume I: A-F
  • Volume II: G-O
  • Volume III: P-Z

 

9.1. John Taylor, The World turned Upside Down (28 January, 1647)

Bibliographical Information

Full title

John Taylor, The World turned upside down: OR, A briefe description of the ridiculous Fashions of these distracted Times. By T. I. a well-willer to King, Parliament and Kingdom.
London: Printed for Iohn Smith. 1647.


Estimated date of publication

28 January, 1647.

Thomason Tracts Catalog information

TT1, p. 490; Thomason E. 372. (19.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

The VVorld turned up-side-down.

THe Picture that is printed in the front

Is like the Kingdom, if you look upon’t:

For if you well do note it as it is,

It is a Transform’d Metamorphosis.

This monstrous Picture plainely doth declare

This Land (quite out of order) out of square

His breeches on his shoulders do appeare,

His doublet on his lower parts doth weare;

His boots and spurs upon his armes and hands,

His gloves upon his feet, (whereon he stands)

The Church o’re-turn’d, (a lamentable show)

The Candlestick above, the light below;

The Cony hunts the Dogge, the Rat the Cat,

The Horse doth whip the Cart, (I pray marke that)

The Wheelbarrow doth drive the man (oh base)

And Ecles and Gudgeons flie a mighty pace.

And sure this is a Monster of strange fashion,

That doth surpasse all Ovids Transformation.

And this is Englands case this very day,

All things are turn’d the clean contrary way;

For now, when as a royall Parliament,

(With King, and Peers, and Commons whole consent)

Have sate above six years, with paines and cares,

And charge, to free us from our griefs and feares;

For when many a worthy Lord and Knight,

And good Esquire (for King and Countreyes Right)

Have spent so much time with great royle, and heed,

All Englands Vicious garden how to weed.

So like a Wildernesse ’twas over-runne,

That though much hath been done; all is not done.

The Devill doth perswade, entice and lurke,

And force bad men to set good men aworke.

That whilst the Worthies strive to right our wrongs,

And give to each man, what to him belongs;

Whil’st they take paines to settle all things heere,

An Irish Devill doth madly domineere.

From Hells blacke Pit, begirt with Romish Armes,

Thousands of Locusts are in Troups and Swarmes,

More barbarous then the Heathens, worse then Jewes,

Nor Turkes or Tartars would such tortures use,

Sure that Religion can no waies bee good,

That so inhumanely delights in Blood:

Nor doth that Doctrine from the Scriptures spring,

For to rebell against God and the King.

Nay (further) murder, ravish, spoile, deslowre,

Burne and lay wast depopulate, devoure,

Not sparing Infants at the breast or wombe,

(To die where first they liv’d, their birth, their tombe)

’Tis said no Serpent, Adder, Snake, or Toade,

Can live in Ireland or have their aboade:

’Tis strange that she those Vipers doth not kill,

That gnawes her bowells, and her blood doth spill,

Can Irish Earth kill all things venemous,

And can shee nurse such Vermin Mischievous:

Her owne sonnes Native, worse then strangers borne,

They have their Mothers Entrailes rent and torne,

Yet still her indulgencie, harbours those,

And feeds those Rebells that do breed her woes:

God (in thy mercie) give her strength and ayd,

And courage, make her foes and ours dismay’d,

Thou Lord of Hosts, thine owne cause take in hand,

Thy foes (thine Antichristian foes) withstand;

Defend thy truth, and all our Armies guide;

Our Enemies to scatter and devide.

Thus leaving Ireland (with my hearty prayers)

To Btitaine backe againe my Muse repaires:

Where I perceive a Metamorphosis,

Is most preposterous, as the Picture is,

The world’s turn’d up-side-downe, from bad to worse

Quite out of frame, The Cart before the Horse.

The Felt-maker, and sawcie stable Groome

Will dare to pearch into the Preachers roome;

Each Ignorant, doe of the Spirit boast,

And prating fooles brag of the Holy Ghost,

When Ignoramus will his Teacher teach,

And Sow-gelders and Coblers dare to preach,

This shewes, mens wits are monstrously disguis’d,

Or that our Countrey is Antipodis’d.

When as the Lords Prayer is almost neglected,

And all Church Government is quite rejected,

When to avoid a Romish Papists name,

A man must be unmannerly, past shame,

When he that doth shew reverence, doth offend,

And he seemes best, that will not bow or bend,

When he that into Gods House doth not come,

As to a Stable, or a Tipling Roome,

Is counted for a Popish Favorite,

And branded so, despis’d, and scorn’d with spite.

When he that (of his waies) doth conscience make,

And in his heart doth world, flesh, scind forsake,

Loves God with all his soule; adores no pelfe,

And loves his Neighbour, as he loves himselfe;

This man is rare to finde, yet this rare man

Shall have the hatefull name of Puritan:

When execrations pierce the firmament,

And oathes doe batter ’gainst heavens battlement:

When imprecations, and damn’d blasphemies,

In sundry cursed volleys, scale the skies,

When men more bruitish then the Horse or Mule,

Who know not to obey, presume to rule,

Thus Church and Common-wealth, and men, all are

(Much like the Picture) out of frame or square.

And if ’twere possible our fathers old

Should live againe, and tread upon this mould,

And see all things confused, overthrowne,

They would not know this Countrey for their own.

For England hath no likelihood or show

Of what it was but seventy years ago;

Religion, manners, life, and shapes of men,

Are much unlike the people that were then,

Nay, Englands face, and language is estrang’d,

That all is Metamorphis’d chop’d, and chang’d,

For like as on the Poles the World is whorl’d,

So is this Land the Betham of the World;

That I amazed, and amated am,

To see Great Britain turn’d to Amsterdam,

Mens braines and wits (two simples beat together)

From thence, mix’d and compounded, are sent hither.

For Amsterdam is landed (as I heare)

At Rye, or Hastings, or at Dover Peere,

At Harwich, Ipswich, Sandwich, or at Weymouth,

And at Portsmouth, Dartmouth, Plymouth, Falmouth,

At Yarmouth, and at the Ports of Tinmouth,

And Westward unto Bristow, and to Monmouth;

From all these Mouthes, and more, mad sects are sent,

Who have Religion all in pieces rent,

One would have this, another would have that,

And most of them would have they know not what.

God give us peace, and ease us of our paine,

And send those Sects, from whence they came againe.

The Papist and the Schismatique; both grieves

The Church, for shee’s like Christ (between two Thieves)

I tooke the Covenant twice of late,

Where I protested not to innovate.

T’avoid all Popish Rite, and to express

Obedience to what Englands Church profess,

My Loyalty unto my King is bent

With duty to the Peeres and Parliament,

With Prayers, and my best service for them all,

That on them may heavens chiefest blessing fall,

That with one heart, as one man, with one mind,

(For Gods great glory) they may be combinde,

And never vary, but go boldly on,

To end the good worke which they have begun.

This is the Sum (with ne’er shall be forsooke)

Of what I in the Covenant have tooke,

But, for all this, I may be mannerly

In Gods House, and be free from Papistrie;

I hope I may put off my hat, and bee

Allow’d to kneel, and pray, and bow my knee,

When as divine Command bids, onely then

I’le bow to God, and not to Saints or Men,

And from those duties I will never vary,

Till death, or order do command contrary.

Th’ Almighties Name be ever prais’d and blest,

That Romish Superstition is supprest,

We have no Abbies, Abbots, Friars or Monks,

Nor have we Nuns, or Stews allow’d for Punks,

We have no Masses, nor no Mas-Priests heere,

But some are hang’d, and some are fled for feare.

All those that are so bold to stay behind,

I wish they may like entertainement find;

Beades, Bables, Relliques, Tapers, Lamps or Lights,

We have no superstitious Romish Rites,

We seeke our Pardons from our heavenly hope,

And not by workes or favour from the Pope;

To Saints we make no prayer or intercession,

And unto God alone we make Confession;

We hold no reall Presence in the Bread.

And wee doe know King Charles our supreame head

(Beneath God, who hath plac’d him in his Throne)

For other Supreame, we acknowledge none.

No purgatory, Image, Wood, or Stone,

No Stocke, or carved Blocke, we trust upon,

Nor is our Church discretion here so little,

As to baptize with creame, with salt and spittle.

We have as many Sacraments, as Heaven

Ordain’d; which are but two, and Rome hath seven.

We doe not christen Bells, and give them Names

Of Simon, Peter, Andrew, John, and James;

We use no Pilgrimage, or Holy water,

Nor in an unknowne tongue our prayers scatter;

All these, and many more, in Rome are us’d,

Which are by us rejected and refus’d.

And yet too many faults, alas remaines,

Which are the Churches, and the Kingdomes staines,

The Church Tryumphant is most cleare from spots,

The poore Church Militant hath still some blots,

Here’s all unperfect, something’s still amisse,

And nothing’s blest, but in Eternall Blisse.

Meane time, till wee amend, and leave our crimes,

The Picture is the Emblem of the times.

FINIS.

 

 

 

9.2. John Lilburne, The Oppressed Mans Oppressions declared (30 January, 1647)

Bibliographical Information

Full title

The Oppressed Mans Oppressions declared: Or, An Epistle written by Lieut. Col. JOHN LILBURN, Prerogative-prisoner (by the illegall and arbitrary Authority of the House of Lords) in the Tower of London, to Col. Francis West, Lieutenant thereof: In which the oppressing cruelty of all the Gaolers of England is declared, and particularly the Lieutenants of the Tower· As also, there is thrown unto Tho. Edwards, the Author of the 3. Vlcerous Gangraenes, a bone or two to pick: In which also, divers other things are handled, of speciall concernment to the present times.

Prov. 21.7. The robbery of the wicked shall destroy them; because they refuse to do judgment.
Prov. 21.15. It is joy to the just to do judgment, and chap. 29.10. The blood-thirsty hate the upright but the just seek his soule.


Estimated date of publication

30 January, 1647.

Thomason Tracts Catalog information

TT1, p. 490; Thomason E. 373. (1.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Sir,

IT is the saying of the Spirit of God, in the 12. Prov. 10. That a &illegible; &illegible; &illegible; the life of &illegible; &illegible; &illegible; the &illegible; &illegible; of the wicked and cruell. How far your actions, and carriages with me, that any more then a Brast, have been point-blank contrary &illegible; &illegible; part of that divine &illegible; but &illegible; to the conclusion of it; is &illegible; &illegible; to demonstrate with &illegible; &illegible; &illegible; to &illegible; &illegible; of &illegible; &illegible; &illegible; but &illegible; &illegible; &illegible; &illegible; the World; and as facill to your face, before any competent Judges to justifie and prove: And this is the Theme I have chosen a little to insist upon at this present time: but being resolved, to be as concise as I may, I shall not now make any ample repetition of your harsh dealing with me at the first; in divorcing me by the Law of your own Will from my Wife, and getting the Lords to make an Order to bear you out in it after you had done it; and, that I should speak with none of my friends, but in the presence and hearing of my Keeper, &c. Which cruell Order, meerly obtained and got by your solicitation, the Reader may read in the 35. p. of Vox Plebis. Therfore, in regard that the Author of that book hath pretty wel discovered your cruel and illegal dealing with me, at my first coming to the Tower, especially in the 45, 46, 47, 48, 49, pages thereof: And the Author of the said book, called Regal tyrannie discovered, in the 48, 49, pages, And my self hath pretty well laid it open in the 16, 17, 18, 20. pages of my printed Relation before the Committee of the honourable house of Commons, Novemb. 6. 1646. called An Anatomy of the Lords tyrannie, to which I refer the Reader, and in regard you are not ashamed of your cruel and illegal carriages towards me, but persevere in them (as though you would justifie one tyrannie, with backing it with continual acts of tyrannie) I shal therfore go on as effectually and punctually as I can, more fully to anatomise you, and your unjust, illegal, cruel, and unrighteous dealing with me, and for matter of fact, shal say nothing to your charge, but what I wil justifie before any legal Authority in England.

But in the first place, I desire to let you understand, that I am a free-born English-man, and have lived a legall man thereof all my dayes, being never yet convicted of any attempt or design undertaken, or &illegible; by me, that did tend to the subversion of the Fundamentall Lawes and Constitutions thereof; but have alwayes sided with the Parl. it self, who hath pretẽded nothing so much, as the preservatiõ of the laws, liberties, & Fundamental Freedoms of Englãd, and the peace and tranquility of the peoples as you may read in their own Declarations, 1 part vol. Dec. pag. 172, 195, 214, 281, 342, 464, 498, 663, 666, 673, 750. for the preservation of which, I have constantly, couragiously, and as freely adventured my life, as any of themselves, what ever he be: And therfore in every particular, have just and grounded cause to expect the utmost priviledge and benefit that the Law of England will afford any man whatever, that is under the obedience and subjection thereof: Nay ever, having to do with those men as my Judges, that made all or the most of these Declarations, and who have also declared, it lyes not in their power to inslave or invasaliza the people, being trusted for their good, not for their mischief, to provide for their weal, but not for their woe, 1 part Col. Dec. pag. 150. 214. 266. 267. 494. 497. 636. 659. 660. 694. 696. and who in these and other of their own Declarations, imprecate and pray that the wrath and vengeance of Heaven and Earth may fall upon them, and theirs, when they cease actually to performe what verbally they there declare, unto which I say AMEN: And there they protest, vow, and swear, they will maintain the fundamentall Lawes, and Liberties of the people, and therefore in that respect, you cannot groundedly in the least, think, that I should Issacar-like stoope willingly unto any other burthens, impositions, or Commands layd upon me, by you, or any other whatsoever, that are not warrantable and justifiable by the fundamentall Lawes of the Land, and whether your practises have been so with me, I will compare them to the Law, and leave every rationall man to judge.

First I do not finde any Law that makes Prisons, places of execution, punishment, or torment, but onely places of safe custody: for, the Law of England (as Sir Edward Cooke in the second part of his institutes fol. 28. excellently declares) is a Law of mercy, (yet as he then said, so I much more say now) it is now turned into a meer shaddow, which is the most we now enjoy of it) and therefore as the author of the late booke, called Liberty vindicated against Slavery, very wel saith p. 7. from Sir Ed. Cook in the 1. part of his instit. f. 260. that by Law, prises are ordained not for destruction, but for securing of mens persons, until they be brought forth unto due & speedy tryal, (for being in prison, they are under the most especiall protection of the Law, and the most tender care thereof) and are therefore to be humanly, courteously, and in all Civility, ordered and used; otherwise Goalers are not Keepers, but tormentors and executioners of men untryed, and uncondemned, but this were not (salvo custodire) to keepe men in safety, weich the Law implyes (and is all it requires) but (destruere) to destroy before the time, which the Law abhort and detests, yea and that prisoner (though never so notorious in their crimes) may be the more honestly and carefully provided for, and the better and more civilly used, and to the end, that Goalers and Keepers of prisons, should not have any colour or excuse, for exacting any thing from prisoners, (under what colour or pretence soever, whether the same be called feet, or Chamber-rent) who are in custody of the Law: It is provided, and declared by the Law, that all Prisons and Goales what ever, be the Kings, for the publike good, and therefore are to be repaid and furnished as prisons at the common Charge, see Cooke on the 1. E. 2. Statutum de frangentibus prisonum, in his 2. part institutes fol. 589. and on the 26. Chap. of Magna Charta fol. 74. Ibem, and on the statute of Westminster.

The first Chap. 26. fol. 209. 210. Ibem.

Yea and the Law takes care that in case the prisoner when he is in prison, have no meanes of his own to live upon, that then by the publike he is to be maintained, 14. Eliz. 5. 21. Iames 28. Vox Plebis, pag. 57. for a freeman of England (as I am) “is not brought to prison to be starved with cold, or hunger, but to the end justice upon him may be done: The prison, at most, in Law, is but a safe preserver, but not a distroyer of the prisoner, who with all convenient speed according to Law, is to come to his tryall, and either according unto Law to be condemned, or else to be delivered in convenient time without delay, 4 E. 3. 2. See my answer to Mr. Pryn, called Innocency and Truth justified, pag. 32. who by Law is never to remaine in prison above 6. moneths at most, for Goale deliveries are by the 4. E. 3. 2. to be kept and made 3. times a yeare, which is once in foure moneths, and oftener if need shall be.

And as the authour of Vox Plebis pag. 55. saith, out of “Stumf. pl. Cor. f. 30. Imprisonment by Law, is (neither ought to be) no more then a bare restraine of Liberty, without those illegall distinctions, of close and open imprisonment, and therefore Bracton fo. 18. saith, that if a Goaler keepe his prisoner more &illegible; then of right he ought, whereof the prisoner dieth, this is fellony in the Goaler.

And Horne, in the mirrour of Justice pag. 288. “saith that it is an abusion of the Law that prisoners are put into Irons, or other paine, before they are attainted. And pag. 34. 36. he reckons the sterving of prisoners by famine, to be among the crimes of &illegible; in a Goaler.

And we finds in the 3. E. 3. Fitz. H. Tit. pl. Cor. 295. “that it was fellony at Common Law, in Goalers to compell 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. Chap. 10. with some inlargement; as to under keepers of prisons, and the penalty of the Law, and that Goalers 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 tast to them.

In the second place, I will tell you what the Law saith about Goalers Fees. The mirrour of Justice pag 285. saith that it is an abusion of the Law, that prisoners or others for them, pay any thing for their entries into the Goale, or for their goings out: this is the Common Law; there is no see at all due to any Goalers whatsoever by the common Law. See what the Statutes say. The statute of Westminster 1. Chap. 26. being the 3. E. 1. 26. saith, that no Sheriffe, nor other the Kings Officer, take any reward to do his Office, but shall be paid of that which they take of the King, and he that so doth shall yeeld twice as much, and shall be punished at the Kings pleasure, under which word Officer, is concluded Goaler, &illegible; &c. so Sir Edward Cooke 2. part institutes fol. 209. Stumf. pl. Cor. 49. nay, by the statute of 4. E. 3 10. Goalers are to receive theeves, and fellons, taking nothing by way of fees for the receipt of them, so odious is this extortion of Goalers, that very theeves and fellons are exempt from payment of fees. It is true, that by an incroaching statute upon our liberties, made in the 23. H. 6. 10. there is a fee given to the Goaler to be paid him by his prisoner, but yet it is very small, the words of the statute are those; “nor that any of the said Officers and Ministers by occasion or under colour of their Office, shall take any other thing by them, nor by any other person to their use, profit, or availe of any person by them or any of them to be arrested, or attached, nor of any other of them for the omitting of any arrest or attachment to be made by their body, or of any person by them or of any of them, by force or colour of their Office, arrested or attached for &illegible; &illegible; &illegible; of prison, mainprise, letting to baile, or shewing any case for favour to any such person so arrested, &illegible; to be arrested for their reward or &illegible; but such as follow; that is to say, for the Sheriffe 20. d. the &illegible; which maketh the arrest or attachment 4. d. and the Goaler, if the prisoner be committed to his ward four pence; and that the Sheriffe, under-Sheriffe, Sheriffes Clerk, Steward, or Bayliffe of Franchise, Sheriffe or Bayliffe, or Coroner, shal not take any thing by colour of his office by him nor by any other person to his use of any person for the making of any return or pannell, and for the copy of any pannel, but 4. d.

“And it followes in the same Statute, that all Sheriffes, under-Sheriffes, Clerks, Bayliffes, Goalers, Coroners, Stewards, Bayliffes of Franchises, or any other Officers or Ministers, which do contrary to this Ordinance in any point of the same, shall lose to the party in this behalf indammaged or grieved, his &illegible; dammages, and shall forfeit the sum of 40. l. at every time they or any of them do the contrary thereof in any point of the same, whereas the King shall have the one half to be employed in the use of the house, and in no otherwise, and the party that shall sue, the other half.

But (as Sir Edward Cook well observes, on the 25. chap. of Magna Charta, 2. part Institut. fol. 74.) after the rule of the Common-Law was altered, and that the Sheriffe, Coroner, Goaler, and other the Kings Ministers, might in some case take of the subject; it is not credible what extortions and oppressions have hereupon &illegible; So dangerous a thing, it is, to shake or alter any of the Rules or Fundamental points of the Common-Law, which in truth are the main Pillars and Supporters of the Fabrick of the Common-wealth, as else-where I haue noted more at large viz. fol. 51, 210, 249. &illegible; see the Preface to the 4. part of his Reports and the 4. part of his Institutes cap. of the High Court of Parliament, f. 41.

Now sir, having laid this sure foundation, I will assume the boldnesse, to compare your dealings with mee, to the fore-mentioned rules that the Law prescribes you; And first to matter of usage, you know very well, you of your own head at first kept my wife from me, and made me a close prisoner, as in the fore-mentioned bookes pag. it is truly declared.

And then secondly, although you could not but know that by the Lords, &c. in the Star-Chamber, I, for about four years together before this Parliament, under-went a great destruction by them both in my body, goods, and trades and &illegible; this Parliament, have spent many hundred pounds to obtain my just &illegible; (besides other great losse I have had) yet have not got a penny, and being a younger brother, and in Land have not 6. d. incoming in the year; and being robbed of my trade, calling, and livelyhood, by the Merchant-Monopolizers: so that I could not with freedome transport one Cloth into the Low-countries, to get any lively-hood thereby: all which, above a year agoe, I was necessitated publikely to declare, in answer to William Pryns lyes and falshoods, in my book called Innocency and Truth justified, which there you may read, especially in pag. 39, 43, 47, 48, 62, 65, 70, and how being committed to your custody in the Tower, the chargeablest Prison this day in all England, and where I am denyed the just and legal usage and allowance that the King himself used to allow all prisoners committed to this place, although those that had great estates of their own, into their own hands and possession, whose allowance was to find them diet, lodging, and pay their fees, Vox Plebis, p. 50, 56. 57.

Nay, when I came in, and desired you, that I might have my diet from my wife out of the town, which I did for two reasons.

First, for safety, having heard much of sir Thomas Overburies being poysoned when he was a prisoner in the Tower.

Secondly, for the saving of money, which stood me much upon; but you absolutely denied me that legal and just priviledge, and tyed me either to fast, or haue my diet from the Cookes in the Tower.

Thirdly, being thus committed to this extraordinary chargeable expensive place, and being in so mean a condition, as I must ingeniously confesse I was, you took in the third place, the ready way to sterve & destroy me and of your own head, ordered your Warders to take the names and places of habitation, of all those that came to see me, or speak with me, a destructive bug-bear to any captived prisoner, which the Law of England doth not in the least authorize and inable you to do: but this was not all, but in the fourth place, my friends, though they gave their names, were by your Warders, set on by your self (for upon your score, I &illegible; &illegible; do lay it all) exceedingly in words abused; and divers of them &illegible; away, and not suffered to come and speak with me: &illegible; bloody and cruell man &illegible; what is this else, but an absolute Declaration of your resolved intention, to destroy me in my imprisonment under your custody? which the Law abhors: but it for the &illegible; of the Law, or for my sake, you will not square your dealings with me, according to the known and declared law of the kingdome, then for your own sake, I desire you to remember your Predecessour, Sir Gervose Elmayes, who was indicted by the name of Gaoler of the Tower of London, and hanged upon Tower-hill, for consenting to the poysoning of Sir Thomas Overbury, Vox Plebis, pag. 48.

In the fifth place, seeing by all the fore-mentioned wayes & meanes you could not scare all my friends from me, and so by consequence, destroy me.

Then you devise another way, and set one of your old Mastive dogs upon me, to baite and to worry me with lyes, reproaches, and calumniations: and for that end, printed and published a most base & scandalous book against me, thereby to make me odious to all men whatsoever, that would believe that book, which was published against me at such a time; when by your self, my hands were fast tyed behind my back, being kept by your order very strictly from Pen, Ink, and Paper, and so in a condition unable publikely to vindicate my self, and much importunity was I forced to use to your selfe, before I could obtain leave from you to answer it, and necessitated to tye my selfe by promise to such and such conditions: and amongst the rest, that you should read it all over, before it was published: And I, for my part, performed my promise, and was necessitated to give the originall into your hands in such haste, that I could not take a Copy of it: out of whose hands, I could not get it, til I was in some respect necessitated to an arbitration: and being not able to doe what I would for my own vindication, I was in a manner compelled by you to be content with what I could do, which &illegible; to accept a submission from him for my wounded, &illegible; and &illegible; &illegible; by him, although if I could have accomplished what I desire, I should &illegible; have published my answer to his lyes and then if he had had a &illegible; &illegible; it to &illegible; but necessity hath no other Law but a stooping to it &illegible; but I was in hope, that I should have found so much &illegible; and &illegible; in you, and your Agent, old &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; the &illegible; &illegible; from you &illegible; that &illegible; &illegible; &illegible; &illegible; &illegible; from you both &illegible; in regard that &illegible; &illegible; the &illegible; &illegible; &illegible; informe &illegible; doth not cease in his &illegible; and &illegible; &illegible; &illegible; I must be necessitated to publish my answer to him &illegible; seeing as I conceive, &illegible; &illegible; &illegible; the &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; with him &illegible; &illegible; &illegible; I shall &illegible; &illegible; the inserting of his recantation, or acknowledgment, and referre the Reader for a full relation of that arbitration, to the 59, 60, 61, 62, 63 pages of my late book, called Londons Liberty in Chains discovered; the aforesaid acknowledgment thus followeth:

I John White, one of the Warders of the Tower of London, doe acknowledge, that I have unjustly wronged Lieut. Col. John Lilburn, in, and by 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 Book or Treatise, called An Alatum 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 booke, reflecting upon the said Lieut. Col. Lilburn, I am heartily sorry: and in testimony thereof; I haue hereunto subscribed my hand the 8. day of October, 1646.

Iohn VVhite.

John Strangewayes. } Knights.
Lewis Dyves. }
John Glanvil. }
William Morton. }
Henry Vaughan. }

Christopher Comport,
Warder in the Tower.

Sixthly, after all this, by meanes of my wifes Petition, which was delivered to the house of Commons 23. Septemb. 1646 and which you may read in the last mentioned book. pap. 65, 66, 67, 68 &c. by means of which, there was a Committee of the honourable house of Commons appointed, to hear and receive my complaint against the Lords, and the 6. of Novemb. 1646. was the last time I was before the Committee; where I had an opportunity, in part, to declare unto them, your illegal dealing with me: which Declaration, you may read in the 17. 18, 20. pages of that relation, now in print; and I must confesse unto you, I did think that you durst not have run the hazzard of persevering in your illegal dealings with me: but in regard you doe, it cleerly demonstrates unto me, that you judge the streames of Justice so muddy and corrupted (by the interest and power of your Lords, and their factions, who would have no other rule, but their own base and corrupt will to walk by, and therefore lay the rule of the Law and Justice aside) that they will never run cleer, nor purely again, to punish such transgressors as you are.

But that you may know (although I have had exceeding hard measure, in being so long delayed in the making of my report) that I am not out of hopes, not in despaite, I give you this fresh charge, and tell you, that after I had done with the Committee, your next illegall designe that you executed upon me, was, that my friends could not-passe your guard, unlesse my keeper were there present to conduct them unto me; by means of which, some of them have been forced to come four severall times, before they could find him at the Gate; & others have been forced to stay, and sit in the guard an hour, and sometimes two, expecting his coming; without whose presence, they could not have accesse to me; and divers of them in the time of their stay at the Guard, examined whether they be not Independets, or no; & whether they never preached in Tubs, or &illegible; And if they answer crosly to the questions, as well they may, then they are fallen upon, and both they and I in words exceedingly abused: and I am told, that an old tall man in black, with a great staffe in his hand, is not wanting to play his part, which I judge to be Mr. White.

Now sir, is not this the height of illegality cruelty, tyrannie and bloud-thirstinesse in you, thus to deal with me; indevouring thereby strongly to scare away all my friends from me? For, who in so many difficulties and abuses would come to visit a man, unlesse he bore a very great affection to him: the which, if he do, the continual meeting with these base and unwarrantable affronts, in conclusion will make him weary.

And truly sir, let me tell you, this is not to use me with civility, and humanity in my imprisonment, as the Law requires I should: but this is to torment, punish, and destroy me, which, the Law, and all just and honest men abhor and detest.

In the 7. place, being in the condition that I am in, and being guilty of no legall crime in the world; unlesse it be for being over honest and zealous for the preservation of the just and publique Liberties of the Kingdom; I know no reason, why I may not enjoy the utmost priviledge and liberty in the Tower, that any prisoner in it doth enjoy: yet notwithstanding, not many weeks agoe, I was but going with a fellow-prisoner in the path that leads to the Record-office; and coming back to my Lodging under the Gate, that is just against the Traytors Gate, I met your pretended-Gentleman-Goaler, and immediatly Mr. Comport, my Landlord and Keeper, came and delivered a message from you to me, which was to this effect: That Mr. Lieutenant did understand, that I was beyond the Ring; but it was his pleasure, that I should forbear to go any more beyond it: Vnto which, I replyed, Landlord, I had only thought, that to go beyond the Ring, had been for a man when he came to it, to have turned on the right hand, and so to have gone, as if he would have gone out at the Gate, which I did not in the least: for I turned on the left hand with one of my fellow-prisoners, and walked in the path that goes to his Chamber, and divers other Chambers of my fellow-prisoners, which path they do and may walk in every day in the week, and every hour in the day. And therefore, tell your Master from me, I shall not obey his order, for I have as good right to enjoy any priviledge within the Tower, as any prisoner in it: and therefore will walk, that way again, seeing all my fellow-prisoners enjoy the same liberty.

In the 8. place, the other night there being a friend with me about 6 or 7 a’clock at night, I walked out of my chamber with him; which is a priviledge that all my fellow-prisoners enjoy: and he having a candle and lanthorn in his hand, passing under Cole-Harbour Gate, I was roughly and suddenly demanded whither I went? And I replyed, along with my friend, to conduct him as farre as my liberty would extend (which was down to the Ring, which is, as I conceive, at least three or foursore yards, on this side of the gate where your guard stands) I was replyed unto in these words, Sir, you shall not goe: At which, looking well about me (it being very dark) to see who it was, that was so malipert, I perceived it to be your self (who had with you, as I conceived, some of your Warders) unto which I replyed: Truly sir, I do not like the word shall; it is but unhansome language, to tell me, I shall not go.

No sir, I say (said you) you shall not go; for you ought not to stir out of your chamber after candels are lighted.

Truly sir (said I) I know no such order. Vnto which, you replyed, Well, then sir, I now give you such an order: and I bid you give it to these that would obey it; for I would not: and I gave you the reason of it; which was, that I was a free-born Englishman, a Kingdom that pretends (at least) to be governed by Law, and not by Wil, & I am not to be subject unto those orders in my imprisonment, that have no other Warrant, but the Goalers Will. Neither will I willingly be subject in the Tower unto any other orders, but what are consonant and agreeable to the fundamental Laws of the Kingdome.

Vnto which you replyed; Sir, you shall obey my orders, and I will make you.

Sir, said I, I will not obey your orders; nor you shall not make me: And I tell you to your face, I scorn both you and your orders, and that I value you not, the paring of my naile.

Vnto which, you replyed, Sir, I will make you; for I will locke you fast enough in your chamber: And I bid you do your worst, that either you could, or durst do, I cared not a straw for you: But I bad you take notice of this, by the way; that if you locked me up by the power of your own unbinding will, and did not make your doores very strong, I would make work for your Carpenters, by breaking them into as many pieces as I could.

You replyed, you would make them up again. And I told you, I would break them again.

You told me, you ordering us to keep our Chambers after candle was lighted, was for your own security.

I shall now take liberty, to return you a more ful answer to this, then I did before to you, which is this; That I for my part, for all the gold in London, would not give just cause to be counted so base and unworthy, to do upon deliberation that action, that I would not justifie to the death: But if I should in the least, step aside, I should contract unto my self that guilt, which I am confident, all the enemies I have in England, are not able in the least to fixe upon me: For, I understand by the Law of this Kingdom, that he that is committed to prison for Felony, or Treason; although really and truly he be guilty of neither, yet if he break prison, and be taken again, he shal dye like a Fellon or Traytor that is legally convicted, 1. E. 2. de frangentibus prisonam. See Cookes 2. part. instit. fol. 590, 591. For his slight, in the eye of the Law, argues guiltinesse.

And besides, my friend and I had a horn Lanthorn and Candle, which put all out of suspition of going out in the dark.

But thirdly, what ground have you, vpon any pretence what ever framed by your self, to lock me up in my chamber, as soone as candels are lighted, seeing I am in a moated and double-walled Prison, where you have not only a Train-bond, but also great store of your Warders to secure me?

And therefore, I tell you plainly, I shal never condescend to bee locked up sooner then that convenient hour of 8. a clock, the accustomed hour of the place, which is much sooner then they are in other prisons, that I have been in.

Fourthly, if under pretence of your security, I should give way for you to confine or lock me up in my chamber at candle-light, which then was before five a clocke, may not you as well and as groundedly upon the same pretence (if you please to say it is for your security) keep me locked vp in my chamber till 12. a clocke; yea, the whole day, if you please: And if I should suffer this in the least, what am I lesse then traitorous to my selfe, and to my liberties, to give you a power by your own meer will, to make and impose a Law upon me, whensoever you shall please to say that its for your securitie; when the Law provides and enjoynes you no more, but to keep me in safe custodie within your prison, and to use me and all that come to me, civillie, and with all humanitie, and leaves me not in the least to your will, but only in some extraordinarie cases, as in doing or offring violence to the Goaler, or Goalers, or to my fellow-prisoners, to the apparent breach of the peace of the prison: and yet in this, the Law is extraordinarie tender of the prisoners safetie: but none of this I have not in the least done, either to you, or the poorest boy belonging to you, not by Gods assistance wil not: but yet on the contrarie, before you shal make me a slave to your will, you shal have the heart-bloud out of my body.

Now in the last place, I wil compare the sees taken and demanded in the Tower with those the Law gives; and what they are, you may fully read before.

Now, by the Author of Vox Plebis, who to mee seemes to bee a knowing man in the practises of the Lieutenants of the Tower, who in his 48. 49. pages, saith, That there is demanded for the admittance of an Earl I 60. l. for a Baron 80. l. for a Knight and Baronet 70. l. for a Baronet 60. l. for a Knight 50. l. and for an Esquire 40. pound, and 30. s. a week of every prisoner for liberty to buy and dresse his owne diet, and 10. s. 15. s. 20. s. per weeke, for their Chamber-rent, and of some more.

For Sir Richard Gurney sometimes Lord Mayor of London, & now prisoner in the Tower, hath paid as I have heard him aver it 3. l. a week for his chamber-rent; and in the time of a Predecessour of yours, dieted 3 weeks at the Lieutenants table; for which hee had the impudencie to demand of him for it 25. l. per week. ô horrible and monstrous extortion and oppression: and yet this is not all, for the last mentioned author in his 48. pag. saith, There is a new, erected Office, and an intruded Officer, called the Gentleman Goaler, one Yates, a busie fellow, who pretends to a see of 50. s. to be paid him, at the going away of every prisoner, pag. 51. ibim.

But yet this is not all: for in p. 49. of the late printed book, called Regal Tyrannie discovered, he saith, that the Gentleman Porter demands for his fee 5. l. and a mans upper garment: 40. s. to the Warders, 10. s. to the Lieutenants Clarke, 10. s. to the Minister; and divers of my fellow-prisoners tell me, that their Keepers have and do demand of them, either their diet, or 5. s. a week, for locking them up at night in their Chamber, and opening their chamber-dores.

O horrible and monstrous injustice, oppression, and crueltie, to demand and take these fees; whereas, by Law, there is not one farthing taken of all these sees due to be paid by the prisoner, but one bare great at most, and that given away by an oppressing and incroaching law upon our antient and just liberties, as is before truly observed.

And yet prisoners are detained in prison by your will, after they are legally discharged, because they will not pay these undue and unjust fees, which at this very day is Sir Henry Andersons case, and hath formerly been others; as the Author of Vox Plebis truly observes: although the arrantest Rogue & Thief that ever breathed, had, or hath, as true a right to any purse that ever he did, or shal take from an honest man upon the high-way by force and violence, as you or any other hath to any of the fore-mentioned fees. O yee proud and impudent man, that dare assume unto your selfe of your own head, more then a regal power, to levie and raise mony by the law of your own will, vpon the free people of England.

Sir, let me tel you, this very thing was one of those things, that was the Earl of Straffords great Crimes, for which hee paid very dear; and it is not impossible, but you and others that use it, may pay as dear for it in conclusion: therefore, look to it, and thinke of it.

And if you please to read the Petition of Right, made by the Lords and Commons unto this King, in the 3. of his Raign, you shall find in the beginning of it, they shew him that by the statute of the 34. E. 1. called Statutum de tallagio non concedendo; that no tallage or aid shall be laid or levied by the King or his Heires in this Realm, without the good will and assent of the Arch-bishops, Bishops, Earles, Barons, Knights Burgesses, and other the free-men of the Commonalty of this Realm, and by authority of Parliament holden in the 25. E. 3. it is declared, and enacted; that from thence-forth no person should be compelled to make any Loanes to the King against his will; because such Loanes were against reason, and the franchise of the Land, and by other Lawes of this Realme, (viz. 1. E. 3. 6. 11. R. 2. 9. 1. R. 3. 2.) it is provided; That none shall be charged by any charge or imposition, called a benevolence, nor by such like charge by which the statutes before-mentioned, and other the good lawes and statutes of this Realm, your subjects have inherited this freedome; that they should not be compelled to contribute to any taxe, tallage, aid, or other like charge, not set by common consent in Parliament. All which, the King confirmes.

And by the statute made this present Parliament, that abolished Ship-money; All and every the particulars, prayed or desired in the said Petition of Right, shall from henceforth be put in execution accordingly, and shall be firmly and strictly holden and observed, as in the same Petition they are prayed and expressed: yea, in this very statute it is declared and enacted to be against Law, for his Majesty upon any pretence what ever, to levie money of the people of England, without common consent in Parliament.

And truly sir, let me tell you without fear or flattery, that if your great Masters the Lords, & the true prerogative friends of the house of Commons, had any true and reall intentions to preserve the Fundamental Lawes and Liberties of England, or had any time to spare (to punish those that justly and groundedly infringe them, and doe, as much as in them lies, to destroy them) from their weighty employment, of dividing great and vast summes of the Common-wealths money amongst themselves, without either doing justice and right in the like nature to any man breathing, unlesse it be themselves, or some of their sons, kinsmen, or near friends; whose Principles are to serve their ends to the breadth of a haire in all they enjoyn them; they would scorn to give cause to be reputed so base and unworthy as they are, to deny the King the power (unto whom ever and anon, they give such glorious and transcendent titles unto) to levie and raise money without common consent in Parliament; when they allow every paltery Jaylor in England to do it at his pleasure; yea, and for any thing I can perceive abet and countenance him in it: for they will not, nor have not done, all this long Parlament, any man any effectuall Justice against them that have complained of them, but every man is crashed, and in a manner destroyed, that meddles any thing to the purpose with them.

I pray sir, tell me, whether this be to keep the Solemn League and Covenant (which now is made a cloak for all kind of knavery and villanie) which they and you took with your hands lifted up to the most high God, and swore to maintain the Fundamental Lawes and Liberties of the Kingdome: But this I dare boldly tell you, you never intended it, as by your practises, appears.

But sir, in the second place, I should desire to know of you, the reason why Jaylors are so impudent and oppressive as they are, and go so scot-free from punishment (though often complained of) as they do.

Truly, for my part, I am not able to render any more probable one then this; That is may be some powerfull Parliament-man, or men, are sharers with them in their profits (for as grose, if not groser things, are commonly reported, yea printed of some of them: See the 99, 100, 101, 102, 103, &c. pages of the fore-mentioned book, called Regall Tyrannie discovered) and therefore must, and do improve their interest and power, to protect them in their knaveries and oppressions. For, within these few daies, I was talking with an understanding knowing Gentleman, that came to visit me; and he told me, he durst venture his life to make it evident to any rationall man in the world; that there is one Goaler about this Citie, that makes of his Prison above 200 00, l. a year, and commits all manner of villanies, and yet no Justice can be had against him, though hee hath often and powerfully been complained against to the Parliament it self, where he said, he had more favour, countenance, and protection, then the honest man that complained of him; yea, more then them all, put all in one.

Now sir, in the last place, I come to acquaint you, what monies I have paid, since I came to the Tower for my Chamber-rent only; the 10. of July last I came hither, and you sent me to the Lodging where I am, with extraordinarie strict and severe command upon my Keeper, who within certain daies after I came to him, demanded chamber-rent of me at a great deale higher rate then I pay, and I told him necessitie had to law; and I therefore desired him to ask me reasonably, and he should see what I would say to him: So at last, he asked me 15. s. a week, I told him I knew well the lawes of all Prisons in England and 15. s. a week was a great deale of money for bare Lodging; but in regard it was with me, as it was, conditionally that hee for his part would use me, and those my friends that should come to to see me, with civilitie and humanitie, I would give him 15. s. a week, and find my own linnen besides, protesting unto him, that the first time he used me, or any that came to see me, churlishly, I would not pay him one peny more of money; and I must ingenuously confesse, I have no cause in the least to complain of the man in point of civilitie, nor he of me in performing my promise: for I have paid him, though it hath been with some straights to me, betwixt 20. and 30. l. which I am now able no longer to pay.

And therefore I desire you, according to your duty which by law you are bound unto, to provide me a prison gratis: for I professe unto you, no more rent I can, nor will pay, though it cost me a dungeon (or as bad) for my pains. And truly, Sir, I shall deale ingeniously with you, and give you the true reason wherefore I condescended to pay chamber-rent at first, and have done it so long; It was because I had extraordinary potent adversaries to deale withall, viz. the House of Lords, or Peeres, as they are called, who had pretty-well managed their dealings with me like tyrants, in keeping very strictly my friends from me, and also pen, ink, and paper, that so I was debarred of all ability in the world, to publish to the view of the whole kingdome, my own innocency, and their inhumane and barbarous tyranny, which they knew well enough I would doe, if I had not been debarred of all meanes to doe it, and then fell upon me, and transcendently sentenced me to pay 4000. l. &c. and illegally and unjustly entred notorious crimes against me in their records. And you know I told you at my first comming to the Tower, I was refreshed at the hopes of my being freed from my close imprisonment; but your falling so heavily upon me as you did, struck me to the heart and made me beleeve it was possible I might have been destroyed before I should have an opportunity publickly to cleare my own unspotted innocency in reference to the Lords, and to anatomize their tyranny; both of which my soul thirsted after: and therefore if I had been able, I would have purchased an opportunity to have done it, though it had cost me 20. l. a week. And truly, Sir, I have done my doe, and in despite of all the Lords, published, and truly and faithfully stated my cause to the view of the whole Kingdome. First, in my Wives Petition, delivered by her to the House of Commons, Septem. 23. 1646. which I pen’d and framed my selfe without the help or assistance of any Lawyer in England. And secondly, in my Book called, Londons Liberty in Chains discovered. And thirdly, twice before the Committee of the Honorable House of Commons. The last discourse of which I published to the view of all the Comons of England, and called it, An Anatomy of the Lords tyranny. And besides, some of my friends, or well-wishers have done it excellent well for me, in those two notable Discourses called, Vox Plebis, and, Regall Tyranny discovered, which will live when I am dead; and be (I hope) as good as winding-sheets unto the Lords; and therefore I am now ready for a Dungeon, or Irons, or Death it self, or any torture or torment that their malice can inflict upon me; and seeing that I cannot by any means I can use, get my report made to the House of Commons, and so enjoy justice and right at their hands, (which I beg not of them as a Boon, but chalenge of them as my due and right) by reason of the Lords, and the rest of their Prerogative Co-partners influence into the House Commons, to divert them from the great affairs of the Kingdome, in doing justice and right unto the oppressed, and putting them upon making Lawes, Edicts, and Declarations, to persecute and destroy the generation of the righteous, and so bring the wrath and vengeance of heaven and earth upon them and theirs: (Read Mr. Thomas Goodwins Sermon preached before them Feb. 25. 1645. called, The great Interest of States and Kingdomes) and also lay a great blot of reproach upon them by all the rationall men in the world, for endevouring to destroy a generation of peaceable and quiet-minded men, that have contributed all they had and have in the world, for their preservation; and by whose undaunted valour and blood-shed, as principall instruments they enjoy liberty at this day, to sit in the House of Commons, and to be what they are. (Sure I am, the Spirit of God saith, That he that rewardeth evill for good, evill shall not depart from his House, Prov. 17. 13.) And yet for any thing I can perceive, the best reward is intended these men from those they have done so much for, is ruine and destruction, that so that Antichristion office and fanction of Priesthood, newly transformed into a pretended godly and reformed Presbyter, may again be established, although by the second Article of the Covenant (now more magnified by the sonnes of darknesse add blindnesse, then the Book of God) they have expresly sworn to root up that Function by the roots. The words of the Covenant are, That we shall in like manner, without respect of persons, endevour the extirpation of Popery, Prelacy, (that is, Church government by Archbishopt, Bishops, their Chancellors and Commissaries, Deans, Deans and Chapters, Arch-Deacons, and all other Ecclesiastical officers depending on that Hierarchy) superstition, heresie, schisme, prephaneness, &c. Mark the sentence, And all other Ecclesiasticall Officers depending on that Hierarchy. In the number of which are those pretended reformed presbyter-Ministers, that either sit in the Assembly, or are in any other place in the Kingdom, that officiate by vertue of their Ordination, which they had from the Bishops, or any, by vertue of their Authority. And I will maintain it with my life, that he is a forsworn man (whether he be Parliamentman or other) that hath taken the Covenant, and doth contribute any of his assistance, to maintain, preserve, and uphold that Ordination of the Presbyterian Ministers, that they received from the Bishops; or punish, any man for writing preaching, or speaking against it, or any other wayes endevouring the destruction or extirpation thereof. For the expresse words of the Covenant are, that we must endevour the extirpation of all Officers (without exception) depending on that Hierarchy; part of which, all the fore-mentioned Ministers are, being ordained Priests and Deacons by the Bishops, and have no other Ordination to this very day, but what they had fro them. But if they shal say, they were ordained by them not as Bishops, but as Presbyters; I answer, This is a simple foppish distinction: For as well may the Bishops say, They were not ordained by the Pope, or his Bishops, quatenus as Pope or Bishops but quatenus as Presbyter, or Presbyters, and so are in every particular as lawfull Ministers as any of these men that have their ordination from them, and yet have endevoured to draw the whole Kingdom into a Covenant sinfully to extirpate them that are Christs Ministers upon their own Principles, as really, truly, and formally, as any of themselves. But in the second place, if they were ordained Presbyters by the Bishops, not as Bishops, but as Presbyters, then are these present reformed Ministers lesse then Presbyters. For the Author to the Hebrewes, chap. 7 v. 7. saith, Without all contradiction, the lesse is blessed of the better, or greater. And I desire the learned Presbyters to shew me one example in all the New Testament, that ever any Officer ordained another Officer in the same Office and Function that he himselfe war in. Thirdly, I desire to know of these reformed Presbyterian Ministers, that seeing as they themselves confesse, the Bishops Office and Function was and is Antichristian, how is it possible their Ministeriall Function, or Ordination, can be Christian, that like a streame flowed from them the fountain? Sure I am, Job demands this question; Who can bring a clean thing out of an unclean? And by the same Spirit of God he answers; Not one. Job. 14. 4. And James interrogates, saying, Doth a Fountain send forth at the same place, sweet water and bitter? Or can the Fig-tree, my brethren, beare Olive-berries? either a Vine; Figges? Therefore in a positive negation he concludes, that no Fountain can both yeeld salt water and fresh.

And therefore seeing THOMAS THE GANGRENA, the Rabshakeh Champion of the new sprung-up Sect in England of Presbyters, who may more truly and properly, be called Schismatickes, then any of those he so brands; for they have separated from their Ghostly Fathers the Bishops, and yet are glad to hold their ordination, and are therefore schismaticall.

And therefore seeing in his last GANGRENA he hath fallen so point-blank upon me, for no other cause but for standing for the Fundamentall Lawes of England; which, if he had not an absolute desire to be notoriously forsworn, he might know his Covenant binds him to doe the same. But seeing he there playes the simple man to fight with his own shadow, and doth not in the least meddle, for any thing I can perceive (by so much as I have read of his Book, which, so near as I could find, was every place where I was mentioned) with the Statutes and other Legall Authorities, as I cite in my wives petition, and else-where, to prove, That all the Commoners of England ought in all criminall cases to be tryed by their Peeres, that is, Equals; and that the House of Lords, in the least, are not the Peeres of Commoners: And therefore seeing seemingly by that ulcerous book, he hath given me something to answer that concerns me, I will really and substantially give him something to answer, that in good earnest concerneth him, and all the rest of his bloody-minded pretended reformed fellow-Clergy Presbyters; that lying, deceitfull, forsworn, and bloody Sect, of whom it is true that the Prophet said of the Prophets of old, That they make the people to erre, and bite with their teeth, and cry peace; and he that putteth not into their mouthes, they even prepare warre against him, Micah 3. 5. And that at present I have to put to him to answer, shall be certain Arguments which I made when I was close prisoner in irons in the Fleet, against the then Episcopall Ministers of the Church of England, and will serve in every particular, against the present Presbyteriall Ministers, and you shall find them thus laid down in the 23. page of my Book called, An Answer to 9. Arguments written by T.B. and printed at London 1645.

First, This every lawfull Pastor, Bishop, Minister, or Officer in the visible Church of Christ, ought to have a lawfull call, and be lawfully chosen into his Office, before he can be a true Officer in the Church of Christ, Acts 1. 23, 24, 25. & 6. 3. 5, 6. & 14. 23. Gal. 1. 1. Heb. 5. 4.

But the Ministers and Officers in the Church of England, (as well Presbyterian as Episcopall) have not a lawfull call, neither are lawfully chosen to be officers in the Church of Christ. See the Book of Ordination of Bishops, Priests, and Deacons, as also the Directory, and compare them with the Scripture.

Therefore all your Ministers are false and Antichristian Officers. Rev. 9. 3. and 13. 2. and 16. 13.

Secondly; the doing of those actions that belong to the execution of an Office, doth not prove a man to be a lawfull Officer, but a lawfull power instating him into his Office. Acts. 8. 4. 11. 19. 20. and 18. 24, 25, 26. 1 Cor. 14. 29. 30, 31. 1 Pet. 4. 10.

But all the Ministers in the Church of England have nothing to prove the lawfulnesse of their standing in the Ministery, but the actions of a Minister, and are not in the least able to prove that they are instated into their Ministery by vertue of a lawfull power and authority.

Therefore they are no true Ministers of Christ, but false and Antichristian Ministers of Antichrist.

Thirdly, againe in the third place upon your own grounds I frame this Argument.

Those that by their Ministery do not accomplish the same ends, that the Ministery of the Apostles did, are no true Ministers.

But the Ministers of the Church of England do not accomplish the same ends by their Ministery, that the Ministery of the Apostles did, 1 Cor. 11. 2.

Therefore your Ministers are no true Ministers of Iesus Christ.

But Gangrena one word more at present to you, seeing in the 217. 218. pages of your late 3. Gangrena, you fall so exceeding heavie upon me, and my honest Camerade Mr. Overton, and say that these 2. audacious men, their dareing bookes shall escape without exemplary punishment, and instead thereof be countenanced and set free, I do as a Minister pronounce (but I say it is as one of Sathans) that the plague of God will fall upon the heads of those that are the cause of it.

Come Antagonist, let us come to a period; for I hope, for all your mallice you are not yet so farre gone beyond your selfe as to desire to have me hanged or killed, and then condemned and adjudged, and therefore I will make you 2. faire propositions.

First, (in reference to the Lords whose Goliah and Rabshaca-like Champion you are) that if you please to joyne with me in a desire to both Houses, I will so far go below my selfe, and my present appeale now in the House of Commons, (alwayes provided it may be no prejudice to the benefit I justly expect from my said appeale) and joyne with you in this desire, that there may be by both Houses, a proportionable number thereof, mutually by themselves chosen out, to set openly, and publickly in the painted Chamber, where I will against you by the established Lawes of this Land, maintaine against you and all the Lawyers you can bring, this position (which is absolutely the contest betwixt the Lords and me) THAT THE LORDS AS A HOVSE OF PEERS, HATH NO JVRISDISCTION AT ALL OVER ANY COMMONER IN ENGLAND, IN ANY CRIMINALL CASE WHATSOEVER, and if you will, I will wholly as in reference to the contest betwixt you and me, stand to the vote, and abide the judgement and sentence of that very Committee, whose vote upon the fore-mentioned tearmes, if you will tye your selfe, I will tye my selfe, either actively to execute, or passively to suffer and undergo it.

In the second place, because so sarre as I am able to understand your meaning, in your fore-mentioned pages, you would have me dealt withall, as the Earle of Strafford, and the Bishop of Canterbury was, for indeavouring (as you say) with so much violence, the overthrow of the three Estates, and the Lawes of the Kingdome, and in the stead of the fundamentall Government and constitution of this Kingdome, to set up an Vtopian Anarchy of the promiseuous multitude and the lusts and uncertains fancies of weake people, for Lawes and Rules.

Now in regard of the distractions of the Kingdome which are many, and that they might not be made wider by new bookes from either of us, I shall be very willing for peace and quiets sake, to joyne with you in a Petition to the House of Commons, to appoint a select Committee publickly to examin all things that are a misse in your bookes and myne, and to punish either, or both, according to Law and Iustice without partiality, and I appeale to all rationall men in the world, whether I have not offered layre or no.

But in regard I know not whether you will imbrace my preffer, I shall speake a little more for my selfe, and reduce all to these three heads.

First, whether the Lords have by the known Law of the Land any jurisdiction of the Commons, or &illegible;

Secondly, whether in the Parliaments own publick &illegible; &illegible; in Mr. Prinns soveraigne power of Parliaments, and in the Assemblies exhortation to the solemn legall Covenant, and other Presbyterian books, licenced by publike authority, and others sold without controule, there be no more said to justifie and maintain, that which Gangrena calles Vtopian Anarchy, then in any bookes whatsoever published by these he calles Sectaries.

Thirdly, whether or no that out of my own words, in my booke, called INNOCENCIE AND TRVTH JVSTIFIED, there can any thing be drawn to justifie the Lords in that which now I condemn them in? as Gangrena affirmes, pag. 157. 158.

For the first, see what the ninth Chapter of Magna Charta faith.

No freeman shall be taken or imprisoned, or be disseised of his free hold, or Liberties, or free Customes, or be outlawed, or exiled, or any otherwise destroyed, nor we will not passe upon him, nor condemn him, but by lawfull judgment of his PEERS, or by the Law of the Land.

See the 3. of E. 1. ch. 6. And that no City, Borough, or Towne, nor any man be amerced wisthont reasonable cause, and according to the quantity of his trespasse, 9. H. 3. 14. that is to say, every free man, saving his freehold, a Merchant saving his Merchandise, a villain saving his waynage, and that by his or their Peers.

Now here is the expresse Law of the Land against the Lords jurisdiction over Commons in criminall cases.

Now in the second place, let us see what one of the ablest expositors of the Law that ever writ in England, saith, of this very things and that is Sir Edward Cooke, in his exposition of Magna Charta 2. part institutes, which book is published by two speciall orders of the present House of Commons, as in the last page thereof you may read: who, in his expounding the 14 Chapter of Magna Charta, p. 28. saith, Peers signifies, Equalls, and pag. 29. he saith, the generall division of persons by the Law of England, is either one that is noble, and in respect of his nobility, of the Lords House in Parliament; or one of the Commons of the Realms, and in respect thereof, of the House of Commons in Parliament, and as there be divers degrees of Nobility, as Dukes, Marquesses, Earles, Viseounts, and Barrons, and yet all of them are comprehended within this word, PARES; so of the Commons of the Realme, there be Knights, Esquires, Gentlemen, Citizens, Yeamen, and Burgesses of severall degrees, and yet all of them of the COMMONS of the Realme, and as every of the Nobles is one Peere to another, though to 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 Chap. 29 pag. 46. Ibim: he saith, no man shall be disseised, that is, put out of seison, or dispossessed of his freehold (that is) Lands, or livelihood, or his liberties, or free Customs, that is, of such franchises, and freedoms, and free Customs, as belong to him by his birth-right, unlesse it be by lawfull judgment, that is, verdict of his equalls (that is men of his own condition) or by the Law of the Land, (that is, to speake it once for all) by the due course, and processe of Law.

No man shall be in any sort destroyed, (to destroy id est; what was first built and made, wholly to overthrow and pull downe) unlesse it be by the verdict of his equalls, 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 judgment of his Peers, that is equalls, or according to the Law of the Land, see him page 48. upon this sentence, per judicium Parium &illegible; and page 50. he saith it was inacted that the Lords and Peers of the Realme should not give judgment upon any but their Peers: and cites, Rot. Parl. 4. E. 3. nu. 6. but making inquiry at the Record-Office in the Tower, I had this which followes, from under the hand of Mr. William Colet the Record-Keeper.

Out of the Roll of the Parliament of the fourth yeare of Edward the third.

The First Roll.

Records and Remembrances of those things which were done in the Parliament summoned at Westminster, on Munday next after the Feast of Saint Katherine, in the yeare of the Prigne of King Edward the third, from the Conquest, the fourth, delivered into the Chancery, by Henry de Edenstone Clerk of the Parliament.

The judgement of Roger de Mortimer.THese are the Treasons, Felonies, Wickednesses, done to our Lord the King, and his people, by Roger de Mortimer, and others of his confederacie. First of all, whereas it was ordained at the Parliament of our Lord the King, which was held next after his coronation at Westminster, that foure Bishops, foure Earles, and six Barons, should abide neere the King for to counsell him; so alwayes that there may be foure of them, viz. one Bishop, one Earle, and two Barons, at the least. And that no great businesse be done without their assent, and that each of them should answer for his deeds, during his time. After which Parliament, the said Roger Mortimer, (not having regard to the said assent) took upon himself Royall power, and the government of the Realm, and encroacht upon the State of the King, and ousted, and caused to be ousted, and placed Officers in the Kings House and else-where throughout the Realm at his pleasure, of such which were of his mind, and placed Jehn Wyard and others over the King, to espy his actions and sayings; so that our Lord the King was in such manner environed of such, as that he would not doe any thing at his pleasure, but was as a man which is kept in Ward.

Also whereas the Father of our LORD the KING, was at Kenilworth, by ordinance and assent of the Peeres of the Land, there to stay at his pleasure for to be served as becommeth such a Lord, the sayd Roger, by Royall power taken unto himselfe, did not permit him to have any money at his will; and ordered that hee was sent to Barkly Castle, where, by him and his, he was traiterously and falsly murthered and slain.

But that which is to my purpose, is Roll the second, being the judgement of Sir Simon de Bereford, which verbatim followeth thus.

The Second Roll.

ALso, in the same Parliament, our Lord the King did charge the said Earles and Barons, to give right and lawfull judgement, as appertained to Simon de Bereford, Knight who was aiding and counselling the said Roger de Mortimer in all the treasons, felonies, and wickednesses, for the which, the foresaid Roger so was awarded and adjudged to death, as it is a known and notorious thing to the said Peeres, as to that which the King intends.

The which Earles, Barons, and Peeres, came before our Lord the King in the same Parliament, and said all with one voyce, that the foresaid Simon was not their Peere, wherefore they were not bound to judge him as a Peere of the Land.

But because it is a notorious thing, and known to all, that the aforesaid Simon was aiding and counselling the said Roger in all the treasons, felonies, and wickednesses abovesaid, (the which things are an usurpation of Royall power, Murther of the Liege Lord, and destruction of Blood-Royall) and that he was also guilty of divers other felonies and robberies, and a principall maintainer of robbers, and felons: the said Earles, Barons, and Peeres did award and judge, as Judges of Parliament by the assent of the KING the same Parliament, that the said Simon as a traitor, and enemy of the Realm, be drawn and hanged. And thereupon it was commanded to the Martiall, to doe execution of the said judgement. The which execution was done and performed the Munday next after the Feast of St. Thomas the Apostle.

In the same Roll.

Agreement not to bee drawn into example.And it is assented and agreed by our Lord the King, and all the Grandees in a full Parliament, that albeit the said Peeres, as Judges of Parliament, took upon them in the presence of our Lord the King, to make and give the said judgement by the assent of the King, upon some of them which were not their Peeres, and that by reason of the murder of the Liege Lord, and destruction of him which was so new of the Blood-Royall, and sonne of the 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 judgement upon others then upon their Peeres, nor shall doe it: (But let the Peeres of the Land have power) but of that for ever they 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 Peeres may be charged hereafter, to judge others then their Peeres against the Law of the Land, if any such case happen, which God defend.

Agreeth with the Record,

William Colet.

It is the saying of the spirit of God Eccle. 4. 9. 12. two are better then one, and a threefold cord is not easily broken, so that to prove my position true for all the &illegible; Language of Gangrena, I have first the fundamentall Law point blank on my side, and 2. the Judgment of one of the ablest Lawyers that ever writ in England and his Judgment authorised (as good and sound) by the present House of Commons, to be published to the view of the whole Kingdome, and 3. the Lords own confession, for if you marke well, the 2. last lines, of the forecited record, you shall finde, they ingeniously confesse and declare, that it it against the Law of the Land, for them to judge a Commoner, and for further confirmation of this, reade Vox Plebis pag. 18. 19. 36, 37, 38, 39. 40, 41, 42. 44. 45. But if the Vicerous Gangrena please to read a late printed booke, called Regall Tyranny discovered, he shall finde that the author of that Book, in his 43, 44, 45, 46, 47, 86. pages, lays down many strong arguments to prove, That the House of Lords have no Legislative power at all. And in his 94, 95, 96, 97. pages, he declares & proves, That before will the Conqueror subdued the rights and priviledges of Parliaments, [the King and the Commons held and kept Parliaments without temporall Lords, Bishops, or Abbots. The two last of which, he proves, had as true and as good a right to sit in Parliament, as any of the present Lords now sitting at Westminster, either now have, or ever had.

For the second thing, which is, Whether or no there be not in the present Parliaments Declarations, and in the Assemblies exhortation to take the Covenant, and in Mr. Prynnes Soveraigne power of Parliaments, and other Presbyterian books publickly licenced, and others sold without controll, as much, if not more, said, to set up, or maintain that which Gangrena calls Vtopian Anarchy, then in any Book what ever published by those he calls Sectaries: And I averre it positively, There is, and shall joyn issue with Gangrena to prove it in every particular. Therefore let him publish an exact Catalogue of any of our Positions, when he pleaseth, and I doubt not, but to make it evident, that it cannot justly by them be counted any vice in us, to tread in their steps, especially seeing they have accounted them so full of piety, truth and honesty; as they have done.

Now first, for the Parliaments Declarations, read but the Kings answers to them, and you shall easily see he layes it as deeply to their charge of endevouring to set up Anarchy, as Gangrena doth either to mine or Mr. Overtons; yea, and instances the particulars, and tels them plainly, The Arguments they use against him, will very well in time-serve the people to turn against themselves.

And as for Mr. Prynnes Soveraigne power of Parliaments, I never read more of that Doctrine (in any Book in all my life) that Gangrena so much condemnes in me, &c. then in that very Book, which is licenced by Mr. White, a member of the House of Commons, and in his dayes as stiffe a Presbyterian as Gangrena himselfe. See his 1. part Sover. pag. 5, 7, 8, 9, 19, 26, 29, 34. 35, 36, 37. But especially 42, 43, 44, 47, 57, 92. And 2. part, pag. 41, 42, 43, 44, 45, 46. & 73, 74, 75, 76. & 3. part. 11, 12, 13, 14, 15, 16, 17. & 61, 62, 63, 64, 65. & 131, 132, 133.

And 4. part, pag. 10, 11, 15, 16. See his Appendix there, unto pag. 1, 2, 3, 4, 5. and 11:12, 13, &c.

Besides these, see the first and second part of the Observations; Maximes unfolded; the case of Ship-money briefly discoursed; Auem Plea for the Parlement; A fuller Answer to a Treatise, written by Dr. Fem, with divers others.

Now for the third thing, which is the tryumph Gangrena makes in his 3 part Gangrena, pag. 158. which is, that in my book, (called Innocency and Truth justified, which I published the last year, 1645.) I give that to the Lords, which now I in 1646. in many wicked Pamplets would take away from them: such new light, saith he, hath the successe of the new modell; and the recruit of the house of Commons brought to the Sectaries: Well I will the man stand to this? if hee will, then I desire the impartiall Reader to judge betwixt us, and turn to the 11, 12, 36, 37, 74. pages of that book: in which pages, is contained all that any way makes to his purpose; or else turn to the 157 pag. of his book, and see, if in all my words there quoted by him, there is any thing that carryes the shadow of giving that to the Lords, that now I would take from them; for there I am a reasoning with Mr. Pryn, or the house of Commons, not upon my principles, but their own.

And therefore, I say, a Committee of the house of Commons, is not the whole Parliament; no, nor the whole house of Commons it self, according to their own principles, which is the only clause he can fix upon.

And good Mr. Gangrena, is it not as just, and as man-like in me, if I be set upon, by you, when I have no better weapons to cudgell you with, then your own, to take them from you, & knock your pate, as to make use of my own proper weapons, to cut you soundly, or any other man that shall assault me to the hazzard of my Being; & this is just my case, that you count such a disgrace unto me.

But say you there, I have owned their legislative power, and their judicative power over Commons: Therefore, you draw an inference to condemn me from mine own practise. Alas man! may not I lawfully seek or receive a good turn from the hands of any man; and yet as lawfully do my best, to refuse a mischief from him?

But secondly, I answer, what though the 4. of May, 1641. I stooped to a tryal at the Lords Barre, upon an impeachment against me, by the King, doth that ever the more justifie their Authority, or declare me to be mutable and unstable? No, not in the least; for you cannot but know the saying of that most excellent Apostle Paul, 1 Cor. 13. 11. When I was a child, I spake as a child, I understood as a child, I thought as a child: but when I became a man, I put away childish things, So say I to you; five or six yeares ago, I knew nothing but the Lords Jurisdiction was as much more above the House of Commons (over Commons) as their Robes and Grandeur in which they sate was above them; especially seeing at all Conferences betwixt both Houses, I see the members of the house of Commons stand bare before the Lords: for which action I now see no ground for, especially having of late read so many bookes which discourse upon the Lords jurisdiction, which was upon this ground about a moneth or six weeks.

A Gentleman, a Member of the house of Commons, and one that I believe, wisheth me well, bid me look to my self; for to his knowledg, there was a design amongst some of the Lords (the grounds of reasons of which, he then told me) to clap me by the heeles, and to fall so heavie upon me, as to crush me in pieces, or else make me at least an example, to terrifie others, that they should not dare to stand for their Rights.

And being thus fore-warned, I was half armed, which made me discourse upon every opportunity with any that I thought knew any thing of the Lords Jurisdiction, and I found by a generall concurrence, that the 29. Chap. of Magna Charta, was expresly against the Lords Jurisdiction over Commoners in all criminall cases: And upon that ground I protested against them: and then upon further inquiry I found Sir Edward Cooke Judgment expresly against them, and is before recited: which book, Mr. Gangrena, I must tell you, is published since my first tryall before the Lords, and was not publikely in being when I then stooped unto their Jurisdiction; and then coming prisoner to the Tower, one of my fellow-prisoners very honestly told me of the fore-mentioned Record of Sir Simon de Bereford, which presently with all speed under M. Colets hand I got out of the Record-Office:

All which just and legall authorities and testimonie makes me so stiffe against the Lords, as I am; and I hope I shall continue to the death against them in the thing in question betwixt us, as unmoveable as a brazen Wall, come hanging, come burning, or cutting in pieces, or starving, of the worst that all their malice, and the ulcerous Gangrena Priests put together can inflict: For all that I principally care for, is to see if the thing I engage in, be just; and if my conscience upon solid and mature deliberation, tell me it is, I will by the strength of God, if once I be engaged in it, either go through with it, or dy in the midst of it, though there be not one man in the world absolutely of my mind, to back me in it.

But lastly, admit in former times, I had been as absolute a Pleader for the Lords Jurisdiction over Commons, as now I am against them.

Yet truly, a man of Mr. Gangrenaes coat, is the unfittest man in the Kingdom to reprove me for it: For his Tribe, I mean of Priests and Deacons, those little toes of Antichrist, now called reformed Presbyters, are such a Weather-cock, unstable generation of wavering minded men, as the like are not in the whole Kingdome.

For their Predecessours in Henry the 8. dayes, were first for the Pope. and all his Drudgeries, and then for the King and his new Religion, and then 3. in his time, returned to their vomit again: and then 4. in Edward the 6. dayes, became by his Proclamation godly reformed Protestants: and then 5. in Queen Maries dayes, by the authority of her and her Parliament (which Parliament, I do aver it, & will maintain, had as true a ground to set up compulsive Popery, as this present Parliament hath to set up compulsive Presbytery) became for the generality of them bloudy and persecuting Papists: And then 6. by the Authority of Queen Elizabeth and her Parliament (who had no power at all, no more then this present Parliament, to wrest the Scepter of Christ out of his hands, and usurpedly to assume the Legislative Power of Christ, to make Lawes to govern the Consciences of his people; which they have nothing at all to do with, He having made perfect, compleat, and unchangeable, Lawes himself, Esa 9. 6, 7, and 33. 20, 22. Acts 1. 3. and 3. 22, 23. and 20. 26, 27. 1 Cor. 11. 1, 2. 1 Tim. 6. 13, 14. Heb. 3. 2, 3, 6) became again a Generation of pure and reformed Protestants, and have so continued to this present Parliament: But now like a company of notorious forsworn men (who will be of any Religion in the world, so it carry along with it profit and power) after they have for the generality of them, taken and sworn six or seven Oaths, that the Bishops were the only true Church-government, and that they would be true to them to the death.

Yet have now turned the 7th. time, and ingaged the Parliament and Kingdom in an impossible-to-be-kept oath and Covenant, to root up their ghostly Fathers the Bishops as Antichristian, from whom, as Ministers they received their Life and Being.

Yea, and now the 8th. time haue turned & fallon from that Covenant and Oath, by which they made all swear that took it; not onely to root out Bishops, but all Officers whatsoever that depend upon them: in the number of which, are all themselves, having no other ordination to their Ministery, but what they had from them, and so are properly, really, and truly dependents upon them; and yet now of late have by themselves and instruments, as it were forced the House of Commons to passe a vote, to declare themselves all forsworn, that had a finger in that vote, and so a people not sit to be trusted: For, by their late Vote, no man what ever must preach and declare Jesus Christ; but he that is ordained; that is to say, unlesse they be depending on the Bishops by Ordination, or else on the Presbyters, who are no Presbyters, unlesse they depend on the Bishops for their Ordination; for they have no other: and what is this else, but to punish every one that shal truly endeavour the true and reall performance of the Covenant? Truly, we have lived to a fine forsworn age, that men must be punished, and made uncapable to bear any office in the Kingdome, if they will not take the Covenant.

And then if they do take it, it shall be as bad, if they will not forswear themselves every moment of time, that the Assembly shal judg it convenient, and the house of Commons vote it.

And truly, there is in my judgment a good stalking-horse for this practise in the Assembly of Dry-vines (alias Divines, Deut. 32. 32, 33. Esa 44. 52.) Exhortation to take the Covenant, in these words, and if yet there should any oath be found, into which any Ministers or others have entred, not warranted by the Lawes of God and the Land, in this case, they must teach themselves and others, that such Oaths call for, repentance not particularly in them; that is to say, that neither the Covenant, nor any other Oath whatsoever, that they have before, or hereafter shall take, binds them any longer then the time that they please to say it, is not warrantable by the Lawes of God, & the Land, and so by this Synodian Doctrine, a man may take a hundred Oaths in a day, and not be bound by any of them, if he please.

Besides, I would fain know, if by the Parliaments so eager pressing of the Covenant, they do not presse the hastening of many of their own destructions: For by the Covenant every man that takes it, is bound thereby to maintain and preserve the fundamental lawes of the Kingdome, with us every day troden under foot, by some of the members of both Houses arbitrary practices, not onely towards Cavaliers, (for which they have some colour by pleading necessity) but also towards those of their own party, that have as freely and uprightly adventured their lives to preserve the lawes and liberties of the Kingdome, as any of themselves: for justice and right effectually they have scarce done to any man that is a suiter to them. And therefore I here chalenge all the Members of both Houses, from the first day of their sitting to this present houre, to instance me, that man in England, that is none of themselves, nor dependance upon themselves, that they have done effectuall justice to, though they have had thousands of Petitioners and Complainants for grand grievances before the Parliament; some of which have, to my knowledge, even spent themselves with prosecuting their businesse before them, and run themselves many hundred pounds thick into debt to manage their businesse before them, and yet to this houre not one peny the better; and yet they can finde time enough since I came prisoner to the Tower, to share about 200000. l. of the Common-wealths mony amongst themselves, as may clearly be particularized by their owne newes bookes licenced by one of their own Clerkes. O horrible and tyrannie all wickednesse. Was a Parliament in England ever called for that end, as to rob and poll the poore common people, and to force those that have scarce bread to put in their mouthes, to pay excise, and other taxations, or else to rob and plunder them of all they have, and then share it amongst the members of both houses; as 10000. l. to one man, 6000. l. to another, 5000. l. &c. to another, and this many times to those that never hazarded their lives for the Weal-publique; no, nor some of the never intended, I am cosident of it, good to the generality of the people; but that they should be as absolutely their vassals & slaves (if not more) as ever they were the Kings. O thou righteus and powerfull Judge of Heaven and Earth that of all the base things in the world, hatest & abhorrest dissemblers & hypocrites. Jer. 7. 9, 10, 11. 12. to 16. Matth. 23, deal with these the greatest of Dissemblers thy self, who like so many bloudy and cruell men, have ingaged this poor Kingdom in a bloudy and cruell war, pretendedly for the preservation of their lawes and liberties; when as God knowes by a constant series of actions, they declare they never truly and really intended any such thing, but meerly by the bloud and treasure of the people, to make themselves tyrannicall Lords and Masters over them: So that for my part, if I should take the Covenant, I protest it before the God of Heaven and Earth, without fear or dread of any man breathing, I should judge it my duty, and that I were bound unto it in duty, in conscience, by vertue of my oath, to do my utmost to prosecute even to the death, with my sword in my hand, every member of both houses, that should visibly ingage in the destruction of the fundamentall Lawes & Liberties of England, and prosecute them with as much zeal, as ever any of them prosecuted the King: for tyrannie, is tyrannie, exercised by whom soever; yea, though it be by members of Parliament, as well as by the King, and they themselves have caught us by their Declarations and practises, that tyrannie is resistable; and therefore, their Arguments against the King, may very well serve against themselves, if speedily they turn not over a new leaf: for what is tyrannie, but to admit no rule to govern by, but their own wils? 1 part col. declar. pag. 284, 694.

But Tho: Gangrana, one word more to you; your &illegible; to write a book against liberty of Conscience, and toleration of Religion: I pray let me ask you this question, if the Magistrate, quatenus as Magistrate, be Judge of the Conscience, and thereby is indowed with a power to punish all men that he judgeth, conceiveth, or confidently believeth, are erroneous and hereticall; or, because in Religion he differeth from the magisterial Religion in the place where he lives; Then I pray tell me, whether all Magistrates, quatenus as Magistrates, have not the very same power? And if so, then doth it not undeniably follow, that Queen Mary and her Parliament did just in her dayes, in making a law to burn those Heretiques, that diffented from her established Religion? who were as grose in their tenents in the then present Magistrates eyes, as any of your Sectaries tenents are now in the present Magistrates eyes: and if you, and your bloody-brethren of the Clergy-Presbytery, shal ingage the present Parliament and Magistracie, to prosecute the Saints and people of God, under pretence of heretical Opinions, I wil upon the hazzard of my life justifie and prove it against you, and the present Parliament, that you and they thereby justifie Q. Mary in murdering and burning the Saints in her dayes; yea, and all the bloudy-persecuting Roman Emperors, that caused to be murdered thousands of the Saints, for bearing witnesse to the testimony of Jesus; yea, and all the persecutions of the Jewes, against Christ and his Apostles; yea, and the putting them to death, and so bring upon your own heads all the righteous blond shed upon the Earth, from the dayes of righteous Abel, to this present day, Mat. 23. 29, 30, 32, 33, 34, 35. which I warrant you will bring wrath and vengeance enough upon you.

Now Mr. Lieutenant, a few words more to you, and so conclude; I desire you in the next place, not only to provide me gratis, a prison-Lodging, for I can pay Chamber-rent no longer; but also to provide me my diet, according to the custome of the place; for you cannot but know, and if you do not, I now tell you that the King was alwayes so noble and just, as to do it to all the Prisoners he committed to this place, of what quality soever: of the truth of which,* Col. Long, Col. Hollis, and Mr. Selden, &c. now members of the house of Commons, can informe you; and how that themselues, when they were the Kings prisoners here in the 3. of His Raign (for speaking and acting freely in the Parliament) were maintained by the King, according to their qualities, though some of them had great estates of their own, in their own possessions and enjoyments; and now, as the newes-books tell me, are voted 5000. l. a piece, for their then illegal sufferings.

And Sir, the Lords who committed me hither, have in a great measure the Kings Revenue in their hands at their dispose; and therefore, I expect, now I seek for it, they shall be as just as their Master (whom they have so much condemned for injustice) and provide for me, according to my quality. And, Sir, I must tell you, that I am very consident I have as many noble qualities in me, and as much of a man in every respect, as any of those that sent me hither; (For Titles of Honour, without Honesty and Justice, are no excellenter then a gold ring in a Swines snout;) Yea, and have given as large a declaration of it to the view of the world, as any of them, what ever, hath done. And therefore, Sir, if they shall deny me this peece of justice and equity, I will, by Gods assistance, tell them as well of it, as ever they were told in their lives.

But, Sir, in the third place, if this faile me, I desire you to speake to them to allow me interest for my two thousand pounds, (it being scarce twice so much as I have spent since I first became a suiter for it,) that they the last year decreed me, for my illegall, bloody, barbarous, and inhumane sufferings by the Star-Chamber; which, I dare confidently say, were more tormenting then all the sufferings of the above-mentioned Gentlemen and their co-partners. (See my printed Relation of it made at the Lords Barre 13. Feb. 1645.) For which, as I understand, there is 50000. l. reparations voted them by the House of Commons,) that so I may have something of my own to live upon. For without some of the three fore-mentioned things be done for me; I must either perish, or run exceedingly into debt, which, I professe, I am very loath to to doe: or lastly, live upon the alms of my friends, which, I confesse, is not pleasant unto me. And besides, the freest horse, or horses in the world, with continuall riding, may not onely be wearied, but also jaded and tyred.

But if they will not yeeld that I shall have my lodging gratis, and my diet found by them, nor interest for my many yeares expected, and long-looked-for 2000. l. that last yeare they decreed me; nor the remainder of my just Arrears, (which yet is divers hundreds of pounds, that I faithfully, valiantly, and dearly earned with the losse of my blood) to maintain and keep me alive, and my wife and small children.

Then, as my last request, I intreat from you, to desire them to call me out to a legall tryall, and by the law of the Kingdome, (but not their arbitrary wils) either to be justified or condemned. And here, under my hand, I professe, I crave nor desire, neither mercy nor favour at their hands, but bid defiance to all the adversaries I I have in England, both great and small, to doe the worst their malice can unto me; alwayes provided, I may have a legall tryall, by my Peeres, my Equals, men of my own condition; according to the just, established, unrepealed, fundamentall law of the Land, contained in Magna Charta, and the Petition of Right: And truly, Sir, if upon these tearmes they will not call me out, but resolve to keep me here still, I will, by Gods assistance, before many moneths be expired, give them cause (with a witnesse) to call me out: for here, if I can help it, I will not be destroyed with a languishing death, though it cost me hewing to peeces as small as flesh to the pot. For if it had not been that my report hath lain so long dormant in the hands of Col. Henry Martin, the glory of his Age amongst Parliament men, for a lover of his Countrey; whose credit and reputation I ingeniously confesse, I should be very loath in the least (if I could avoid it) to bespatter.

But in regard by all the meanes and friends I can use to him, I cannot get him to make my report; though I desire nothing at his hands but a bare indeavour of the discharge of his duty, to quit himselfe of it, let the issue be good or bad, all is one to me, so it were but done, or endeavoured to be done: I had long since made a formal appeal to the people, but in regard of my constant hard usage both from divers Lords and Commons and their Jaylors, and other instruments, & the many unresistable prickings forward of my own spirit, which presseth me rather to hazzard the undergoing of Sampsons portion, Judg. 16. 21. then to be forced to degenerate fro the principles of Reason (the King or chiefe of all Creatures) into the habit of a bruit beast, and so to live a slave or vassal under any power under the Cope of Heaven, whether Regal or Parliamentary or what ever it be.

And therefore, having now with a long deliberated deliberation, committed my wife and children to the tuition, care, and protection of a powerful God, whom, for above these ten years, I haue feelingly, and sensibly known as my God in Jesus Christ; who with a mighty protection, & preservation hath been with me in six troubles, and in seven, and from the very day of my, publique Contest with the Bishops; hath inabled me to carry my life in my hands, and to have it alwayes in a readinesse, to lay it down in a quarter of an hours warning, knowing that he hath in store for me a mansion of eternal glory.

All these things considered, I am now determined, by the strength of God, if I speedily haue not that Justice, which the Law of England affords me, which is all I crave, or stand in need of, no longer to wait upon the destructive seasons of prudentiall men: but forthwith to make a formal Appeal to all the Commons of the Kingdome of England, and Dominion of Wales, and set my credit upon the tenters to get money to print 20000. of them, and send them gratis to all the Counties thereof: the ingredients of which shall be filled with the Parliaments own Declarations and Arguments against the King, turned upon themselues, and their present practise, and with a little Narrative of my Star-chamber tyrannicall sufferings; and those I haue there to complain of, are first Dr. Lamb, Guin, and Aliot, for committing me. And 2. Lord-Keeper Couentry, Lord Privie-Seal Manchester (that corruptest of men, whose unworthy Son, is now, and hath been for some years, the chiefe Prosecutor of my ruine, for no other cause, but that I have been honest, valiant, and faithfull, in discharging the trust reposed in me, which he himself was not) my L. Newburgh, old Sir Henry Vane (a man as full of guilt, as any is in England, whose basenesse & unworthinesse I shall anaromize to the purpose) the L. chiefe Justice Bramston, & Judg Jones, who sentenced me to the Pillory, and to be whipt, &c. And then 3. Canterbury, Coventry, Manchester, Bishop of London, E. of Arundel, Earle of Salisbury, Lord Cottington, L. Newburgh, Secretary Cook, & Windebanke, who sentenced me to ly in irons, and to be starved in the prison of the Fleet; With a short Narrative of my usage by Lords and Commons this present Parliament; and conclude with a Declaration of what is the end, wherefore Parliaments by law ought & should be called which is, to redresse mischiefes & grievances, &c. but not to increase them, 4. E. 3. 14. & 36. E. 3. 10. to provide for the peoples weal, but not for their woe, Book Declar. 1. part. pag. 150. and yet notwithstanding all the trust reposed in them, and all the Protestations they have in their publique Declarations, made, faithfully, without any private aimes, or ends of their own, to discharge it: And notwithstanding all the bloud and money, that hath been shed, and spent at their beck and commands, I would fain have any of them to instance me any one Act or Ordinance, since the wars begun, that they have done or made, that is for the universall good of the Commons of England, who have born the burthen of the day. Sure I am, they have made several Ordinances to establish Monopolies against the Fundamental Lawes of the Kingdom, and thereby haue robbed free-men of their trades and liveli-hoods, that at their command have been abroad a fighting for maintaining the Law; and in practise, annihilated Magna Charta, and the Petition of Right: So that a man (though of their own Party) may perish, if committed by a Parliament-man, or Parliament men, before he can get the Judges to grant an Habeas Corpus, to bring him and his cause up to their Bar, there to receive a tryal (secùndum legem terræ) that is according to the Law of the Land, although the Judges be sworn by their oathes to doe it.

So Sir, desiring you seriously to consider of the premises, which I could not conveniently send you, but in print, I rest

Your abused Prisoner, who is resolved
to turn all the stones in England,
that lye in his way, but he wil have
right and justice against you,

John Lilburn, semper idem.

FINIS.

Endnotes

 [* ] Who as I have lately heard, confessed hee spent his Maj. 1500. I while he was a prisoner heere.

 

9.3. Anon., London’s Account; or a Calculation of the Arbitrary and Tyrannicall Exactions, Taxations (1 February, 1647)

Bibliographical Information

Full title

Anon., LONDON’S Account: OR, A Calculation of the Arbitrary and Tyrannicall Exactions, Taxations, Impositions, Excises, Contributions, Subsidies, Twentieth Parts, and other Assessements, within the Lines of Communication, during the foure yeers of this Unnaturall Warre. VVhat the totall summe amounts unto, What hath beene disbursed out of it, and what remaines in the Accomptants hands.
Imprinted in the Yeere, 1647.


Estimated date of publication

1 February, 1647.

Thomason Tracts Catalog information

TT1, p. 491; Thomason E. 373. (2.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

To any Reader that loves Reason or Understanding.

YOu that reade, I would have you know and consider this great oppression that hath been said upon all men, (except the Members of both Houses) hath &illegible; me to spend some few houres to make a Calculation of that masse of wealth which hath been within these foure yeeres collected in London, and the Parishes comprehended within the Weekly Bills. I doubt not, but all have paid who were able, (and none escaped but my former exception.) Now if thy support be not out of those unlawfull Taxes, (by which meanes thou mayst be prejudicate) Reade and judge; and thou canst not but finde that I have written, as being free from favour, falshood, and partiality: For I have omitted the Taxes laid on all Halls and Companies, which hath been great and large summes; besides divers Trades lyable to the Excise, it must needs be farre greater.

But thou mayst perceive or guesse by the bignesse of the Paw, of what a huge bulk and body the Beast is, as well as the Author can; and know, all the Counties and Cities in England and Wales, have likewise beene charged to the uttermost. I confesse I have purposely omitted the Charge for Armes, and I did it, in regard they invested themselves of all which His Majesty was owner of at London, Hull, and all other places they could, which cost them nothing (but the taking.) We leave to consideration, the direfull effects of the issues of those collections, which only hath beene the Causes of shedding Innocent Blood, (if our Lawes be Judge) Ruined the Kingdome, most intollerably dishonoured our mercifull and Gracious King, Queene, the Prince, withall the Royall Issue, and useing all the cruelties, and Avaritious demenours upon the Persons, Lives, Liberties, Estates and Consciences of as many as have dared either to be Protestants or true Subjects; to the encrease of Theeves and Beggars, to the making of Widows and fatherlesse Children, to the plucking downe of the divine vengance upon this afflicted Land, to maintaine and inrich only factious, contentious, and insolent persons, the shame of Kingdome and City.

Londons Account, &c.

IT is (saith the wisest of Kings and men) the greatest of afflictions and oppressions, when subjects and servants rule; and if this Kingdome in generall, and this City in particular, hath not found this Truth, then they are both to learne what Affliction and Oppression is. But (to confirme its verity) I have here (and I hope it will not be expected exactly, because I protest I have not seen any Roll of Setlement of any one parish, and therefore have no guide to this my Calculation, but first, the order for assessing, and next, the order for a review, lest any through favour or friendship were not fully assessed. This considered, see what a masse of treasure in this City (and her Weekly Bills) hath been levyed towards the Kings, the Kingdomes, and her owne ruine. And leave the Reader to judge by these few particulars, how neere the truth this Calculation comes; yet herein is not comprehended neither Pole-money, Royall Subsidies, sale of the Irish Lands, (because these passed by Royall consent) and was at the Parliaments &illegible; and had they not been diverted from their proper intendments, doubtlesse would have done more then discharged them: Nor that voluntary Contribution to the reliefe of the poore distressed Protestants in Ireland: Nor that fast and loose trick by inviting such as formerly had paid summes in for Land in Ireland, to pay half as much more; for which halfe (if an Order speake truth) they shal have as much Land, as for their former summes paid; and I assure you, both of these were not inconsiderable.

Now, to leven the lump of factious and contentious persons, the first course must be to fill the peoples eares with oppressions of Conscience, and infringements of Liberties, (pills covered with gold, that are treason and poyson within.) Then to displace solid Magistrates and grave Citizens, lest if such good men were in authority, they might sowre our lump before it was (by our usurping Masters) well kneaded, by understanding mens speculative insight into their proceedings. Those must be removed, and in their steads, covetous sharks, and griping men, (such as never knew faire dealing) shallow braind fooles, and little better then insolent persons, (men that desire the place, not deserve it) must be elected in their roomes, whose ignorance proclaimes what they are in their daily consenting to they knew not well what. For oppression of conscience, who can justly alledge (that is a Royall and a loyal subject) that that is an oppression which the Law hath established? But the same forme of Doctrine and Discipline which was established in the Church of England, by Parliaments, in blessed Queene Elizabeths Raigue, disputed and defended by her successor, King James, (of happy memory) and the opponents so satisfied, they consented and subscribed thereunto; maintained and (to his uttermost) defended by our now most gracious and mercifull Soveraign with the hazard of his life, and according to Law performed in his Chappels and Cathedrall Churches. Now if any Church within His Maiesties Dominions, did wilfully or card fly omit what the Law enioyned, it is no oppression to compell them thereunto, for the Law doth it. But doe not those who have cryed out of the oppression of their &illegible; consciences, straine gnats, and swallow beetles? Are their consciences so tender against Uniformity of Prayer, (yea and the Lords Prayer too) and yet consider not how often they have sworne to submit to it, and their Superiours that imposed it? Obedience is better then sacrifice. Wherefore all that doe adhere to such, doe deserve our Saviours woe. Observe but Gods Judgment on these men, that cannot agree either in doctrine or discipline, their daily invective pens doe witnesse this for a truth. For our Liberties, we had them, and enioyed them, whilst we maintained the Lawes; since we have violated those, we are in worse condition then Turkish slaves: for who is it that enioyes life or livelyhood longer then the beneplacite of his fellow-Subiects? And if God (for our sinnes) hath decreed us slaves, better it is to be so to a Royal King, then to those whose cruelties we already so much have had tryal of. Our Pulpits and Declarations thunder into the eares of the people, the unlawfulnesse of Ship, Coar, and Conduct money; As I wil not justifie them, so (under favour) I cannot conceive them unlawful in a time of necessity. And could it be otherwise then an urgent need, when His Maiesties Subiects of Scotland were in Armes against the Kings Honour, Crowne and Dignity, marching to infest this our peaceable Kingdome, with the calamities of Warre? Besides, if such Levies were against former Lawes, what need we then of our late Acts, that from thence forward no Levies should be laid upon the Subiect, til it passed by an Act of Parliament; for was it formerly unlawful, the Law would have censured it; and now we know it is so. I admire what those men can alledge, that craved, and had this Act passed, to curb the prerogative of Kings, and yet are the first violators of the same Law themselves, whilst they are sitting in the same place, as they were when they craved to have the same Law enacted.

Since, they have acknowledged the Lawes cannot question the King for a Breach, (but it can question all and every Subject.) But the Doctrine and Discipline of the Church of England, established by law, and the Subjects liberty, hath been, and ever will be maintained and defended against all Sectaries and contentious men, by more abler pens: And therefore I will returne to the Cities inconsideratenes, and desire them (since the hardnesse of their hearts disswades them) to beleeve, at least they would fancie what the whole Kingdome grones under. And withall to call to mind, that they were not onely the causers, but they are still the continuers, and maine actors of all its miseries. That since His Maiesties mercies so often tendred cannot, their owne follies so plainly evidenced (to so great oppression) may reduce their iudgements, to know to whom rightly they doe owe their obediecce, for the Disciples are not above their Master, and obedience is first commanded to Emperours and Kings, and next, to those whom they set over us.

I desire to shew my selfe a true Patriot, and doubt not but al Loyall and faithfull Subjects will doe the like; as for those who have done otherwayes, God and King Charles (upon their true Repentance) take them into favour and forgive them; And I would not have them offended if I say their owne factions hath caused their own fractions, and the flye and under-hand Courses of many of them hath made them in this world too hastily Rich; And all such doe make little conscience of any thing they undertake, for from the beginning the Lawes of God or man was not, nor to their end shal not be their guide. It is worth your consideration to remember how peny-wise you were at the beginning of this long-winded Parliament, refusing the loane of but 100000. l. except His Maiesty would condescend, some conceive, to an everlasting Parliament, for an assurance of your repayment, (which ir you be all re-paid, tis wel) But since you have embraced an authority is desired to be made lawful, and by that unlawful power forced so many uniust Taxes, as hath (as you shal see anon) amounted to above seuenteene millions and an halfe of pounds within these foure yeeres; I may say as the Replyer said to you, You have done, but did you ever understand what you did doe? besides the Loanes, plunder, and the many Sequestrations, (which I have heard are no fewer then 80000. in England and Wales) which your sharking Committee-men resolve to give no good account of: And so know you have been in general pound foolish; for look but upon the issue, it is but a cipher to that which hath been collected.

But you may obiect, There is not so much come to the Parliaments hands.

That cleeres not the Charge, were it iust, I see no reason but it should. And as some of our now Magistrates and griping Citizens know it, Uniust——The report goes, neere halfe the said Collections are fleeced away by sharking Officers——which is and wil be an everlasting shame, and Gods curse wil attend it, on them and theirs, in regard it hath maintained a most bloody and native Warre against God, his Church, our Soveraigne, his Loyal Nobility, Gentry and Commonalty, and the blood of thousands doth cry aloud to the Almighties Tribunall for vengeance on the causers of these unnaturall divisions. Your inconstant and wavering thoughts first commenc’d this Warre; your hands and purses (by fraud and violence) have maintained it; and if (from the bottome of your soules) you repent not of it, God in the fulnesse of his time will be avenged on you for it. Let the Lawes of God and the Land be your rule, then I doubt not but we may enjoy peace again. And though the Replyer to your Remonstrance told you, it is in the Parliaments power to ruine you, they and he knowes (if you resolve to be honest) the contrary. In the mean time, God in mercy look down upon our dread Soveraign, whom you (originally) have necessitated, and iniured most uniustly, with our Queene, Prince, and the rest of the Royallissue. Preserve (O Lord) and prolong his life, because a more religious, gracious, and mercifull King never reigned in this Kingdome, nor ever was a good King more abused by Subiects, nor more undeservingly worse spoken of. Good God confound and scatter all those that delight in, or make a trade of rebellious warre; let them fly and be disperst like dust before the wind: This shall be mine, and ought to be the prayer of all loyall Subjects, and true Patriots.

And now behold (I may say in part) the summes which have been assessed, payed, and received in London, and her Weekly Bils only.

I conceive in the 129. parishes, there cannot be fewer inhabitants then the number of 600000. Families, out of that proportion I doubt not for their Twentieth part, not lower have been assessed then 400000 my reasons are, first, by the Ordinance the Assessors were to estimate all men, and so selfe them. Now these being ractious men, fessed not according to reason or judgement, but (for the Cause sake) according to their will, malice, and spleene. I confesse the Ordinance gave way that men might case themselves (if over-rated) by declaring upon oath their worth; but this remedy was worse then the disease, for thereby they must discover their estates, or pay what they were assessed at. To discover their estates, endangered their credit, which could not but occasion their ruine, and so necessitated to pay summes far above mens abilities. Secondly, all Halls of Corporations have been largely estimated, & great store of men of known ability forced to pay large summs: Now if you consider every Corporation and man that paid 1000. l. at the rate all are valued at one with another, hath paid for 49, more then himselfe, and so for greater or lesser summes accordingly, for rating these 400000 families one with another but at 20. l. a family, it amounts to for the whole, } 8: 000000
The 50 Subsidies granted, if I have not been misinformed, every Subsidy is 2800. l. which for the 50. is } 0: 140000
The weekly Fast dayes, 400000. families for six months, rating each family 6. d. a week, though the greatest part paid 1. s. and 2. s. but rate them one with another at 6. d. a week, it amounts for 6. months to } 0: 240000
The assessement for bringing in the Scots, though none were to be assessed but such as would not take their oathes they were not worth 1000. l. yet it could not amount to lesse then } 0: 100000
8: 480000
Now to bring this into an Annuall Calculation to the severall summes following, which by Orders hath been levyed by Excises, take the fourth part of the summe above, and you shall find it } 2: 120000
The weekly assessement to maintaine the Armie from 400000 families, at 6. d. a family one with another, and not without just cause, for I know a poore Porter was compelled to pay 12. d. or go a souldier, and no able housholder but payed far larger, and for any thing I could learne, all payed that received not almes. This for six months, amounts to } 0: 240000
There is not vented it this City in Grocery ware, lesse then 600000. l. a yeere, which at 1. s. per l. is for the yeere 0: 030000
There is not vented in all sorts of Mercery ware in this City, lesse then 500000. at 1. s. per l. 0: 025000
There is not vented by Silkmen lesse then 400000. a yeere, at 1. s. per l. 0: 020000
There is not vented of all sorts of Haberdashers ware lesse then 500000. l. a yeere, at 1. s. per l. 0: 025000
There is not vented by Salters and Oylemen lesse yeerly then 600000. at 1. s. per l. 0: 030000
There is not vented by Linnen Dropers in generall lesse then 600000. l. a yeere, at 1. s. per l. 0: 030000
There is not vented by Woollen Drapers lesse then 500000. l. a yeere, at 6 d. per l. 0: 012500
&illegible; of all sorts cannot vent lesse then 100000 a yeere, at 1. s. per l. 0: 005000
&illegible; in their several dealings 80000 l. a yeer, at 1. s. per l. 0: 004000
Stationers and Paper-sellers 80000. a yeere, at 1. s. per l. 0: 004000
Leather-sellers and Trunk-makers in these times 200000. at 1. s. per l. 0: 010000
Ironmongers in generall 300000 a yeere, at 1. s. per l. 0: 015000
Spanish Tobacco there cannot be lesse imported then 200000. l. weight, at 1. s. per l. is 0: 020000
English Plantations 1200000, at 2. d. per l. 0: 010000
Six shill beere in 400000, families, admitting one family with another spend but 20. barrels a yeere each family, it is 8: 000000. of barrels, at 6. d. the barrell, amounts to 0: 200000
Strong Beere and Ale vented in Innes, Cooks houses, Ale-houses, and Chandlers, of all which in the 129 parishes there cannot be lesse then 8000. if every of these draw but one barrell a week, it is 416000. which at 2. s. per barrell amounts to 0: 041600
Strong beere and ale in private houses, if 200000. of them spend but 2. barr. a yeer apiece, it is 400000. bar. at 1. s. per bar. 0: 020000
Wine of all sorts, there is not lesse imported yeerly then 20000. Tonnes, at 5. l. a Tonne, 0: 100000
Butchers and Poultrers for 400000 families, for they must all cate, now one with another cannot spend lesse then 8. s. a weeke, for if some &illegible; sort spend but 5. s. and lesse they cannot spend in a family, others spend 15. 20. 30. yea 40. s. a weeke: But as above at 8. s. a week one with another, it is 8000. l. a week, at 1. s. per l. and for the yeere 0: 416000
The Annuall Revenue of the Crowne they say is eleven hundred thousand pounds a yeere, but I place here but 1: ——
4: 378100.

Which for the foure yeeres is seventeene millions, five hundred and twelve thousand foure hundred pounds. 17. &illegible; 512400. l.

I doubt not but it will be expected this yeerly large Income in this City onely should have as large, or (indeed as the Publique Faith stands, indebted) farre larger issues, else it cannot be engaged without unsufferable fraud from the Kingdoms oppression. But since all their Orders, and Speeches to this City, have expressed no other issues but the Armies pay, consider, that if this City alone hath for these foure yeeres maintained tenne thousand Foor, pay every soulder 8. d. a day for the whole yeere, so he should have no free Quarter not Plunder since he is payd, or should be for the whole yeere, excepting Sundaies, and that amounts to but 104333. l. 15. s. But I here adde the Sundayes, and cast it for 365 dayes to the yeer, allotting the 17333. l. 15. s. to pay all their Officers as duly, yet all together is but 121666. l.
Grant they likewise maintaine 2000. Horse, pay these for 313 dayes 2. s. 6. d. a day, it amounts to but 78250. l. But for the payment of their Officers, adde the 52 dayes, which is 13000. l. and both these summes for the whole yeere is but 91250. l.
Grant twenty of His majesties Ships, great and small, be employed yeerly, allotting to every Ship 100 men, which is for the whole 2000 men, though few or none are so well manned, pay these 2000 fifteen shil. a month for the whole yeere, their wages amounts to but 18000. l. but to pay Officers in them, adde 2000. l. more, and all makes but 20000. l.
Victuall these 20 Ships with 2000. allotting every man 8. d. a day for the whole yeere, it amounts to little more then 24433. l.
Grant you have 30. merchants Ships great and small in the service, hire them one with another mann’d, victualled, and furnished for the Warre at 200. pounds a month, (and so you may doe) say they are in your service nine months in the yeere, it is but 54000. l.
311349: —
These charges I am certain are the &illegible; and with the largest that this City ever was put to, and were it well examined, I conceive a third part of every charge here was not employed from hence alone, for all Counties had their share in pay of the Army, how it is possible for such large incomes to be so much indebted, since the issues are not answerable, as you shall see by that should remaine for ballance is to me a riddle, since the yeers rest that this Credit, hath, stands indebted to the Debit. 4: 066751
4: 378100

Grave Booker shews th’ Aspects, and Lilly helps To lick those Meteers (as Bears their whelps) Into his fancies shape: But could these two Can count the Stars (which few but they can doe) Make a just ballance to this large Account, The Danish Tycho Brahe they’l surmount.

FINIS.

 

9.4. John Harris, The Royal Quarrell, or Englands Lawes and Liberties vindicated (9 February, 1647)

Bibliographical Information

Full title

John Harris, The royal Quarrell, or Englands Lawes and Liberties vindicated, and maintained, against the tyrannicall usurpations of the LORDS. BY That faithfull Patriot. of his Country Sr. John Maynard, A late Member of the House of Commons, but now Prerogative Prisoner in the Tower of London. BEING A legall Justification of him, and all those other Lords and Aldermen, unjustly imprisoned under pretence of Treason, and other misdemeanours; the proceedings against them being illegall, and absolutely destructive to Magna Charta, and the Petition of Right. ALSO His Protest against the Lords jurisdiction over him, and his Appeale unto the Common Law, for tryall, proved both reasonable, and legall. By SIR RAHNIO, an utter enemy to tyrannie and injustice.
London, Printed for Ja. Hornish, February 9. 1647.


Estimated date of publication

9 February, 1647. Listed in TT as 9 Feb. 1648.

Thomason Tracts Catalog information

TT1, p. 590; Thomason E. 426. (11.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

THE ROYALL QUARREL, Or Englands Laws and Liberties defended and maintained against the usurpations of the Lords; By that worthy Patriot of his Country Sr. Iohn Maynard (a late Member of the House of Commons,) &c.

Gentle Reader.

QUi multa trquirit, est industrius, sed qui nihil curat &illegible; est, et qui nihil &illegible; stupidus, &c. He that searcheth out many things is industrious, but he that cares for nothing is slow and dull, and he that perceives nothing stupid or sencelesse.

And truly now, in these our dayes Ignorance is made the mother of devotion, & be esteemed the wisest man that knows the least; England is Antipodized, and every &illegible; hath met. 2 contrary, in stead of real righteousnesse, formall professions, avarice and oppression, in stead of charity and compassion grace is become a banquerout, and up start greatnesse playes the Tyrant plain-dealing is dead and flattery hath the chiefe preferment, leaves are respected and honest men persecuted, truth and loyalty is esteemed Treason Law is become lust, and to be honest and open hearted is the only crime, Oh stupied generation! who hath bewitched you? Are Englishmen become like &illegible; Frogs? Are you weary of enjoying the benefit of Law, that you are so forward to lend your aid, to destroy it? Have you so freely drawn your swords against the Tirany of one, and will you subject your selves, nay lend your lands to set up a hundred Tirants? will you stand still and see your friends and fellow sufferers that joyned with you in your late cries for justice and freedome, and with all their might laboured to preserve you from being inslaved; they that with the hazard of their lives and losse of their bloods always both in publique and private, opposed all arbitrary power whatsoever, whether in the King, Parliament, or Army? will you I say stand still and see them made presidents of your own ruine? can you be so sortish to fancy security to your selves, if you let them suffer. If the law be not binding in one particular, it cannot in another, and if it protect not one it cannot protect another. Have you not seen injustice trample upon your lawes? and Tiranny envassalize the persons of your friends? Hath not will prevailed against reason, and the lust of a prevailing faction been made your law, and are not all these actings become so many presidents whereby you, and all the free borne people of England shall be made slaves unto futurity?

May not another party whether forraigne or domestique, prevailing by power or policy, justifie their imprisoning mens persons during pleasure, and without laying any particular crime according to Law to their charge, by the proceedings of Parliament against L. C. Lilburne and Mr. Iohn Wildeman?

May they not if they be stronger then we, give us Laws, and force us to submit unto the dictates of their own wils, and tell us if we complaine, our owne Army did as much which were our servants.

Surely friends did you but really consider the evill consequence of these actings, you would stand amazed, and wonder at your sturidity;

Have you not had examples enough within this seven yeares? Have not you been vexed and perplexed with the Arbitrary proceedings of Commitiees? whereby your very Property, and liberty was destroyed? what part of your estates could you, or can you call your own? what Law can take place against their will, for your protection? and notwithstanding, all their Declarations, and solemne imprecations, whereby they call the great God of Heaven and Earth to beare record, that they had no other marke before their eyes, then the preservation of the established Law of the Land, and the peace and prosperity of this Nation; yet (as if they thought England had no Remembrancer, nor Israel no God) they have falsified all engagements, and to keepe up their rotten Interest, have levelled out Lawes, and are become Antimagistratticall, Antijusticiaries and absolute Tirants, ruling by power and policy, not by reason or honesty: Sed vindex erit Deus populi sui: The just God will be the avenger of his People, and it is not twenty thousand armed men, that can secure a Tyrant Conqueror, muchlesse tyranicall Statist’s, being but so many trustees for the peoples good, not ruine.

Magistratus velle non debet, nisi quod publici expediat. The Magistrate ought not to will or command any thing but what is expedient for the publique good, so saith the scripture, The Magistrate is the minister of God, to thee for Good; &c. and not for evill, for preservation not for destruction; and when any person or persons in power, act not according to that role, the very end of their power is subverted; and they degenerate from the very essence of Magistracy and become Tyrants.

But not to draw out time any longer in discovery of generalls; I come now to the present particular grievance, which though two or three particular persons suffer under; yet every individuall Englishmans interest is involved and bound up in their sufferings.

But first give me leave to enforme you, and I desire that you will alwayes heare in mind, that the Parliament have constantly pretended to endeavour the preservation of the established Laws of the Land, contained in Magna Charta; and the Petition of Right, especially those that concerne the peoples freedomes: and amongst their resolutions of Ian. 15. 1647, they have declared their resolutions to preserve unto the people of England their established Lawes, although they make no more addresses to the King.

But how they have proceeded in performing those declared resolutions made so &illegible; be your own judges.

In the 19th Chap. of Magna Charta it is enacted, That no freeman shall be taken a imprisoned or be deseized of his freehold or liberties, or free Customes or be outlawed, or any otherwise destroyed: nor will we not passe upon him, nor condemne him but by Lawfull iudgement of his Peeres, or by the Law of the Land; we will sell to no man, we will deny to no man we will not deny or deferre to any man either justice or right, &c.

And in the eight and twenty yeare of the Raigne of King Edward the third, it was declared and &illegible; by authority of Parliament, That no man of what estate or condition he be, should be put out of his Land or Tenements, nor taken, nor imprisoned, nor disperited, nor put to &illegible; without being brought to answer by due processe of Law.

And in the five and twentieth yeare of Edward the third, It was enacted, That no man should be &illegible; judged of life or Limbe, against the forme of the great Charter and the law of the Land, &c. And by the great Charter and other the Lawes and Statutes of this Realme, No man ought to be adjudged to death but by the lawes established in this Realme, viz. either by the &illegible; of the same Realme, or by acts of Parliament.

And the Stattut of the 42. Ed. 3. Chap. 3. saith thus, Its assented adaccorded for the good governance of the Commons, that no man be put to answer, without presentment before justices or &illegible; Record, or by due processe, or writ originall according to the old law of the Land.

And the Statut of 25 Ed. saith, That no man shall be taken by Petition, or suggestion made, to the King, or his Councell; unlesse it be by indictment, or presentment of his good and Lawfull people of the same neighbour-hood where such deeds be done, in due manner, or by processe made by write originall at the Common Law, see the Statute of 37 of Ed. 3. &c.

And the Statute of the 1 and 2 of Philip and Mary. Chap. 10. &illegible; saith, That all treasons, &illegible; be tryed according to the course of the Common Law.

&illegible; be Statute of the first of Ed. 6. C. 12. and 5. and 6. of Ed. 6. C. 11. It is enacted, that no man shall be accused and adjudged, for treason, without the testimony of two sufficient witnesses, according to the forme of the Law.

All which Lawes, and customes are claimed and challenged, at the Englishmans inheritance by the Parliament, held in the 3-yeare of our present King, &illegible; the Petition of Right. See &illegible; &illegible; collections printed cum privilegio. 1640. pag. 1431, 1432, 1433, 1434.

Now let us examine whether our Grandees, have made good their late resolutions: of &illegible; fifteen.

The Law saith no man shall be taken by Petition, or suggestion made to the King or his Councell, and the Parliament calls themselves, the Kings grand Councell; And yet L Col. Lilburne, and Mr. Wildman, upon the single information of Mr. Masterson, have since been committed, one to the Tower, the other to the Fleet, and no legall crime laid to their charge, nor no witnesses appearing, or being examined, whereby the least coulourable crime could be made out against them;

2. The Law saith, no man shall be adjudged or condemned, or otherwise destroyed &illegible; by judgement of his Peers, or the Law of the Land; nor no man shall be put to death without being brought to answer by due processe of Law; and further, No man ought to be adjudged to death, but by the lawes established in this Realme, viz. either by the customes of the said Realme, or by acts of Parliament, &c.

But contrary to these Lawes, they haue imprisoned Sr. Iohn Maynard, a Member of the House of Commons, and detained him in Prison twenty weeks without shewing any cause, more then their will and pleasure; and also contrary to Law and equity, have transferred him up to the Lords to be tryed for his life, giving and acknowledging the Lords a jurisdiction over the Lives and estates of Commoners, notwithstanding that by the Great Charter it is provided that no Commoner shall be adjudged for life or limbe, any otherwise then by the judgement of his Peers or equals, viz. men of his owne condition.

Now that you may clearely understand the state of Sr. Iohn Maynards case in relation to his commitment, and contect with the Lords I will in every particular give you an account, according to that certaine information which I have received, together with my own knowledge, being an observer of most passages therein.

But first be pleased to take notice, That Sr. Iohn Maynard was one of the eleven Members which was accused by the Army, and the very gentleman against whom L. G. Crumwell confessed at Colbrook that they had nothing, but only desired that he might be put in among the rest because he was a busie man against him and his friends, and of this both my selfe and many more are witnesses.

2ly, Take notice that though the greatest number of the eleven impeached members had liberty to travell, yet he was commanded to be taken into custody during pleasure and it pleased them to keep him prisoner twenty weeks without shewing any cause: but after that they had brought their designes about, and got the strength of the City into their hands then they cast about how to make him an example of their fury (Iustice I cannot call it) to affright the Citizens; and finding that by no legall course this could be effected, they combined together to frame Articles of impeachment against him, and transferred him to the House of Lords to try him by Ordinance, hoping that Sr. Iohn would have submitted to the Lords jurisdiction over him a Commoner, and yeelded to their judgement; which if they could have effected, doubtlesse (such is the malice of his implacable enemy L. G. Crumwell) should have been death; that so he might have been made a President for such proceedings by Ordinance against the Lives of men; and then by the very same rule L. Col. Lilburne Mr. John Wildman or any other whatsoever, that shall appeare an enemy to their tiranny or injustice, might in the same manner have been accused by the Commons, and adjudged by the Lords, who are parties in tyranny and injustice, and by this meanes no man be left free, but all men be made vassals to the corrupt wills of knaves and Persidious Parasites.

3ly, But to come close to the matter: There hath been and at this time is three parties in the House of Commons; first, a Royall party. 2. A Reall party. 3. An hypocriticall party; or if you please thus, a Party for the King, a party for the Scotch Presbytery, and a party, for party Royall, partly reall Independency. For the Royall or Kingly party they have been crushed by the power and prevalency of the two other parties, and those that have remained, have been forced to shrowd themselves under the maske of Presbyteratus, though Royall, not reall ones; For the second, though it is to be feared there were too few Reall Presbyters; namely, men meerely godly and conscientious, and that sought the good of their Country, yet by the assistance of those seeming Friends the Royall Presbyters, they were enabled to hold the third party to hard meat, and maugre all the socret machinations of their opposers, did with a high hand keep up their owne interest: which the Royall Independent party grieving at, and repining at, subtilly closing with those reall Independent Members, and secretly infusing Principles of dislike unto the department of that party into them, they never left insinuating, till they had engaged them to act a part from the House, as an honest Party, pretending to deferre an oppressed enslaved People; and to that purpose severall Letters were sent as representations to the Army, of the honestly and integrity of themselves, and endeavours to lay scandals upon those which they designed if possible, to ruine; And to this end, they voted in the House the disbanding and dividing of the Army, and by private letters and insinuations, animated the Army to disobey those Commands, all or most of them sitting or acting with the House, untill such time as they had made the difference betwixt the House and the Army so irreconcileable, that they knew there was no visible meanes to make up the breach betwixt them, and then many of them flew to the Army, with whom they engaged pretendedly to &illegible; and dye in the Vindication of the just Rights and Freedomes of the free People of England; but they intended, as is now apparent, their owne honour and promotion, the onely end of their pretended endeavours and gilded Declarations, being nothing else, but to weaken the interest of that Party which they had designed to destruction.

Having thus as they conceived made all sure, and that it was impossible for that party any longer to oppose them; They began to Charge those Persons which they called the Obstructions of Iustice, and Perverters of our Lawes; and when it was expected that after all this Thunder there would have been a mighty slorme, and that a Charge would have come against foure &illegible; or a hundred; The mountaine Groaned, and brought forth a thing like a Charge of eleven Members; but neither Earle of Manchester, Stamford, Lenthall, Barwis, Darlay, Thorpa, not none of those 30000. l. Gallants so much as mentioned; O incomparable Crumwell, impartiall justice, What! &illegible; parturiant &illegible;; Must forty Thousand men be engaged to remove eleven Members? what, could Eleven members &illegible; &illegible; all the House beside; If there were more why not all charged? so by no meanes, they side with us, they are guilty persons and therefore must close with us to secure themselves: And so it appeares they do; for now we plainly see the Reall Presbyter, and Reall Independent party, over-awed by the Royall Presbyter and Royall Independent; for the same party that before the Army joyned seemingly with the honest Presbytertant for self-security, joyne, with the strongest side and leaves their late friends exposed to the implacable fury of their now insulting adversary.

But to proceed, the Grandees of the Army having thus by Power and policy invested themselves with the ruling power both in Parliament and Kingdome, the Lords or at least the major part of them (having no other prop to support their rotten corrupt interest but the Sword, & an humble Declaration of a few sawning Spaniels who gape for honour;) they are now calling about how to confirme the Peoples beliefe that all their late clamour and disturbance was upon some good ground; and therefore some persons must be pickt out for a solemne Sacrifice; and accordingly, they have pickt out three men viz. one Lord and one* Commoner, and one Citizen; But by the way take notice is before, they have chosen such persons as shall be sure to doe them but little hut, by telling tales; for Sir John Maynard hath not been in the House long, and by that meanes knowes little of their jugling; but did hee know as much as Mr. Waller or M. Speaker he should have a reward or a Place to stop his mouth withall.

But I say, having made all this stirre there must be some body made an example (and saith Cromwell Sir Iohn Maynard is my old enemy, opposed me and M. Soliter Sir. Iohn in the project of Draining the Fennes, when I appeared against 50000. of my Countrimen, whom formerly I had stood for; and therefore now I have an opportunity to quit scores with him; besides, unlesse some be made examples, wee shal to be feared, and therefore a way must be found out to take* him off.

In order to which, because they knew they could not doe it neither by Bill of Attainder nor Indictment; therefore it must be done by Articles, and an Ordinance, and the Lords must be made Judges, and Sir I. Maynard must be summoned to appeare before the Lords on Saturday. Febr. 5, 1647. to receive a Charge of high Treason and other crimes and misdemeanours &c. Which being contrary to the rules of Equity, Law, and conscience, Sir Iohn could not submit unto, by reason that in so doing he had not only betrayed his own life, in owning his greatest adversaries to be Iudges, but also betrayed the native and ancient Liberties of every individuall Englishman, whose interest in that particular is involved in his, and his sufferings for the Vindication thereof; Theirs, they all being bound to stand by, and vindicate him in the maintenance thereof.

Therefore (It being Sir Iohns Principle, as not to betray his own or Countries Freedomes, so not to endeavour to deminish or lessen that respect which belonged to such persons of honour) to avoid the censure of incivillity, and to the end that the Lords might if they pleased prevent the enforcing him to protect against their jurisdiction over him, he upon mature consideration on Febr. 4. being the day before he was to appeare, sent these two following letters by a friend, directed as followeth.

To the Right Honourable my singular good Lord, Edward Earle of Manchester; Speaker of the House of Peers.

My Lord,

I Received an Order in the name of this Honourable House, whereby I am appointed to appeare before you, to receive a charge of Articles of High Treason and other Crimes, &c. Upon which accompt I have made bold to write these inclosed Lines, humbly desiring that they may be communicated to your House.

Sir, I am your Lordships most humble
Servant,

Iohn Maynard.

My Lords,

I Am for Monarchy, and upon all occasions I have pleaded for the preservation of the interest of this Honourable House: But my Lords, I being now summoned to appeare before your Lordships, for no lesse (as I conceive) then my life, upon an impeachment of High Treason, I am (being a Commoner) necessiated to challenge: the benefit of Magna Carta, and the Petition of Right, which is to be styed By a Jury of my &illegible; or men of my own condition, by an Indictment, before the Iudges in the ordinary Courts of Iustice in westminster Hath who by the Law of this Kingdome; we appointed to he the Administrators thereof; and by the expresse lawes of the Kingdome; I am not to be proceeded against (for any crime whatsoever, that can be laid unto my charge) any other way then by the declared and expressed rules of the known and established Laws of the load, as is undeniably evident by the expresse words of the Petition of Right, (which being an English man.) I Challenge is my Birth Right and Inheritance, and I rather presume to make this addresse unto this Honourable House, because I find upon Record, that in the case of Sir Simon De Bereford this Honourable House have engaged never to iudge a Commoner againe; because its against the Law of the Land, he not being their Peer or Equall.

This I humbly leave to the consideration of this Honourable House, and take leave to rest.

Your Lordships most humble Servant.

Iohn Maynard.

Notwithstanding which letter it appeares, the Lords thought Sir John Maynard had but jested, when indeed he was in good earnest; and being called into the House, desired, that forasmuch as the Lords assumed to themselves the title of the supream judicature, and so ought to be an example unto all other Courts, and forasmuch as all other Courts did sit open for all to heare and see that therefore the doores might be opened, there being a Lady, and Gentlewomen, his wife, and children and many other worthy Gentlemen at the doore which desired to hear what he had done, or for what he was in such a manner accused and proceeded against, or words to that purpose; To whom answer was returned, that it had not been the custome of that House to open the doores since this Parliament, to whom Sir John replyed. That he was sorry their Lordships had forgot their own honour so much, and not observed the custome of their predecessors* informer Parliaments.

And he further said, my Lords, here are many antient and honourable families, whom both for former relation, and their own vertues I highly honour, and its my grief of heart to heare what the people report concerning you, they say my Lords, that you act like a Councell Table, or High Commission, therefore I beseech your Lordships, as you render your own honour, its the doores be opened, and doe not give me cause to wish for the Councell Table againe, rather then to see you make good the sayings of the people, by such proceedings against me.

After some other words, they commanded him to kneele and heare his charge, which he refused, and told them, that would argue delinquency, neither could he receive any charge from them, for severall reasons, which was contained in a paper which he desired might be read, but they refused, and commanded him to withdraw, which being done, after some debate, they fined him 500 l. for refusing to kneele at their barre, and immediately they called him in, and told him that they had fined him, and that he must kneele down and heare his charge; to which he answered. That he did so highly honour their Lordships, that he would fall prostrate on his face, and let them tread on him. Then they told him he must kneele, he answered them that he had a very prostrate soule, and he would kneele to pray for them, that their honours might be preserved, and that iustice might run from them as a streame, &c. which having said, he againe rose and came toward the doore, offering to take leave of their Lordships, but they told him he must heare his charge, and commanded it to be read, which was done accordingly, but when the Cleark began to read Articles. Sir John enterrupted him, and said, my Lords, the very first word destroyes all that you have to doe; there is the very height of illegallity in that word. Articles for my Lords, there is but two legall wayes to try a man for his life, viz. either by Bill of Attainder, or Indictment, but because the summe of what he speke in relation to that point is contained in his Protest which he left in the House. I shall omit that, and give you the copie of it verbatum.

The Plea and Protest of Sir John Maynard, Knight of the Bath; (and a late Member of the Honourable House of Commons,) delivered by him at the Lords

THe life of a freeborne man of this Kingdome is not to be tryed but by Bill of Attainder, and not to be condemned, but either by Act of Parliament upon the said Bill, or by the way of an Indictment at the Common law. Articles are no Bill for Attainder, for a Bill of Attainder must passe both Houses, and cannot become an Act of Parliament without the Kings assent. By an Ordinance of the 15. of &illegible; last, both Houses have resolved, and declared to the Kingdome, that they will make no further addresses or applycation to the King. And therefore, sit hence there can be no proceeding by Bill of Attainder, to bring on an Act of Parliament. I doe pray the benefit of the law of the land; the enjoyment whereof is declared by the said resolution of the 15. of Ianuary to all the people of this Kingdome.

Iohn Maynard.

After they had locked him into their House, and forced him thought (at their doore) to stand till they had read his charge, though by him many times interrupted, and asking whether they were reading a charge against the &illegible; of Pembroke, which he said was an honest Gentleman, and it innocent as &illegible; he was perswaded, and answer being returned by the Lieutenant of the Tower that it was a charge against Sir Iohn Maynard, he published &illegible; &illegible; &illegible; &illegible; That he neither heard nor took notice of what they did, not said, and for his part he protested against all their proceedings as altogether against Magna Charta, and the Petition of Right, and that he wish’t now for the Councell Table againe rather then such proceedings.

So having made an end of reading his Charge, they dismissed him, and sent him to the Tower as their prisoner, and ordered him fourteen dayes hence to be brought before them againe, but to what end no body knowes, for let them bee assured, they shall never be able with their twenty thousand men to keep up their pretended jurisdiction over Commoners, and thereby destroy all our ancient lawes and liberties: for certainly if we would not be subiect to the unlimited power of the King, who was their Creator, we will never submit unto six or seaven Lords who are but his Creatures.

And now having given you to the best of my remembrance the summe of what passed between the Lords, and Sir Iohn Maynard, though not so fully as he delivered it, yet I dare affirme it to be all the most materiall passages thereof. Give me leave to add somewhat by way of justification of Sir Iohn Maynard, in this his protesting against the Lords, as incompetent Judges, and appealing to the common law of the Kingdome.

First, I will plead Reason. Secondly Law.

First, Reason. Should Sir Iohn Maynard have submitted to the Lords jurisdiction over him, he could not have possibly avoided destruction, and that for this cause. The parties prosecuting Sir Iohn, are a few Grandees of the Army and their adherents, viz. Those Commons and Lords that joyned with the Army against the other party remaining behind in the House: now if two men equally interested, have a difference with a third, and get him into their power, can you imagine that one of these two prevailers can be a competent Judge of the conquered party, & the other a competent accuser; certainly if the accuser be an enemie, and the Iudge an enemie too; the party to be accused and adiudged cannot in the eye of reason look for other then absolute destruction: Now this is clearly Sir Iohn Maynards case, and the case of all the Lords and Aldermen that were accused and imprisoned: for the matter of the charge against them, is for doing such and such acts against the Parliament and Army*. And if you aske what they meant by Parliament, I must needs say the Lords and Commons, and who brought a force upon the Lords and Commons? why the Lords and Commons; and so one party of the Lords and Commons accuse another; and because the Law which should be the Vmpire in this businesse, cannot do that which they would have it, therefore they will devide their forces, and one half shall be the accusers, and the other half the Iudges, and thus what the Law cannot make a crime, they will, and by this time I know all rationall men will say Sir John had reason to doe what he did in relation to protest against the Lords as incompetent Iudges.

Secondly, Sir Iohn Maynard had not only Reason, but Law on his side.

His plea and protest is grounded upon the established Law of the Kingdome, for by law there is but two wayes whereby* a mans life can be taken from him, viz. either by the customes of the Realm, or the Law of the land, that is, either by Bill of Attainder, or Bill of Judictment.

By Law the Lords have no jurisdiction over him as a Commoner, he not being their Peer or Equall, besides the manner of their proceedings, is altogether illegall. Articles are nothing in law, neither can any man be tryed legally by Articles.

Nay further, suppose it were granted that Sir John were guiltie of the highest Treason that can be imagined, yet if there be no established Law whereby his life may be legally taken away, he ought not to be destroyed or adiudged by any other way, neither by Martiall Law, nor Ordinance, For where there is no Law, there (saith the Apostle) can be no transgression.

Nay further, their dealing with Sir John, plainly demonstrates, that it is only a design upon his life, seeing there is no colourable ground why they (if they intended only the satisfying of Iustice) should not have proceeded at first in the ordinary legall way by Bill of Indictment, seeing if he be culpable of such crimes as they pretended, the common law will take his life with lesse trouble, and and more satisfaction to all parties, then this under hand dealing, whereby they endeavour to iuggle him out of his life.

Nay further yet, their proceedings with Sir Iohn Maynard is altogether illegall, in respect that they adiudge that Treason which is not enacted to be Treason by the Statute of the first of Hen. chap. 10. Wherein that uncertaine proviso, viz. That the Judges in case of any act not particularised and supposed to be Treason; should deferre iudgement, and transferre the case to the King and Parliament, who might declare it Treason, &c. And enacted that in times to come, nothing should be esteemed Treason, but what was litterally contained in the Statute of &illegible; 25. Ed. 3. and 2. And in the 1. of M. Cust. 1. This was againe confirmed, that nothing should be adiudged High Treason, Petty Treason, or Misprison of Treason, but what was declared and expressed in the &illegible; of Edward 3. Chapter 2. &c.

So that if the pretended Treasons laid unto the charge of Sir Iohn Maynard, and the rest of those Gentlemen now imprisoned, be not Treason according to the litterall sense of that Statute, his or their lives cannot, ought not to be taken from them, by any way or meanes whatsoever; and if they adiudge him or them, for any such pretended Treason, by any wayes or meanes contrary to the known Lawes and prescript rules thereof, it is wilfull murther in the persons adiudging or executing such sentence or punishment.

And now O yee free people of England, J beseech you lay to heart your condition; when tyranny rides tryumphant, and Iustice goes a begging, what can you thinke will be your portion.

When they domineered over Liev. Col. John Lilburne, they then had a seeming pretence for what they did, they could cry out he was a factious fellow, a Sectarie, &c.

But now you see they cease not to prosecute others which are none of their despised Sectaries, Mr. Willman was never accused with faction nor Sectarisme, nor Sir John Maynard neither, but yet for all that, be he Sectary, or no Sectary if he stand in their light, and oppose their promotion, their ambition leads them to endeavour his destruction.

And deare Country-men consider, by the same rules that the Lords may iudge Sir John Maynard, they may iudge another, and so 10000. And if any man oppose the Lords usurpations, the Commons perfidiousnesse, or the Armies Tyranny, The Armie or Common may accuse, and the Lords sentence, and what the Law will not condemne, they will and then farewell all your Lawes and liberties, which you have so gallantly comested for.

And O you Soldiers which say you drew your swords for our defence, but now keepe them to make us vassals, you that engaged not to disband or divide, not suffer your selves to be disbanded or divided, till our and your owne freedomes were secured, and yet now contrary to your engagement and declarations, strengthen the hands of Tyrants to destroy us and your selves too, Oh timely return to your former Principles! Cry out for Law and Liberty cry out out for justice till you make the Tyrants tremble, let them know that you scorn to serve their lawlesse ambition, and that it was for the securing your liberties & lawes which you vencered your lives for; could we but see you acting for our deliverance we should with joy labour to maintaine you, but it is a double raisery to be enforced, to toyle and take paines, to keepe an Army to destroy us: Act then as English-men; and doe not suffer your selves to be guld into a slavery.

And lastly O ye Lords and other the Grandees of the Commons and Army, that like Iohn drive on furiously to meet your ruine, remember the actings of your predecessors, the Prelate, Councell table, High Commission, and Star-Chamber, Chamber, are they not all buried in the Tophet of shame and confusion, and if you walk in their wayes, shall you not receive their reward? yes, surely the sicked shall perish in their &illegible; imagination, and their names shall be forgotten, forever.

And now O Cromwell if thou hast either honesty or integrity lest, observe how the Lord traceth thee in thy secret walkings, and while their is hope &illegible; and do thy first workes, seek not not to build thy honour up in blood, for it will choak thy of spring, and make thy name most odious: the dayly imprecations of the innocent injured friends, of those which thou destroyed, wil be a terour, and affright thy soule: O labour therefore to be good as great and lay aside ambition, for Cui usui immensæ divitiæ, malè parta, malè dilabuntur; to what use serves excessive wealth or riches, since what is ill got, is often as ill spent; What will it profit thee to gaine the whole world, and loose thy owne soule?

Postscript.

LOving friends, whether Reall Presbyterians, or reall Independents, or others, all you that are unbiased, and act not meerly for your owne ends, you that desire the peace of England, and would not by your Neutrallity, become accessary to your own and Englands destruction, now if ever, now if ever, appeare for the vindication of your freedomes: oh consult your own safety! stand not on slender Punctillo’s, but unite speedily in principles of common concernment; what will it advantage you to see those that are of a contrary party made presidents for your ruine, if the law be not a protection to your supposed enemy, it cannot be a protection to you, for by the same rule that one is imprisoned, contrary to law, another, and another may, and if one may be imprisoned contrary to law, only because an Army, or a few envious ambitious persons will have it so, by the same rule if they please they may accuse all the rich men in the Kingdome, and make every man that hath money a Traytor; and set up Judges sutable to their owne wils which shall not dare to disobey them, and then we shall be sure to have a rich Army, and a bloody Parliament, but a beggerly destroyed Nation: Gentlemen consult with reason, and be not swaid with interest any longer Sir John Maynards case is yours, yea and every individuall English man in this Nation; and if he suffer by this contest; and fall into the hands of his and your enemies, rest assured, he leades but the way to which you must follow, for the same principle that leades them to endeavour his ruine, will direct them to your also; if ever you shall appeare an enemy to their tyranny.

Therefore I beseech you lay aside all disputes, and joyn as one man in vindicating his and your owne liberties, let us as one man in vindicating his and our own liberties, let us as one man goe up to the House of Commons and demand Sir Iohn Maynard and the rest of our imprisoned friends to be delivered up unto a legall tryall, according to the law; suffer not your lawes to become uselesse, and your selves to be made the worst of slaves, viz. To be subject to ruine at the pleasure of a few Tyrants.

And it is worthy your observation, that there are at this time above threescore in the House of Commons, and many in the house of Lords which are guilty of the very same crimes, which they accuse the Lord &illegible; Sir Iohn Maynard, and the late Lord Mayor and Aldermen withall; nay further, they have since voted and acknowledged that to be a Parliament which sate during the Speakers absence; and if a parliament, their actions and commands were as legall as theirs now, and whosoever acted, or did any thing by vertue thereof, ought, what ever happen to be secure, it being their own principle, That he who guids himselfe by the determination of Parliament, ought not to be condemned, but to rest secure &c.

And if those which obeyed the command of Parliament then, be now lyable to question, by the same rule, they that shall obey now, if another party prevaile, are, or may be lyable also; and then who can with safety obey the commands of Parliament, if this proceeding be once drawn into president.

And therefore as you are Englishmen, act wisely and speedily for the preservation of the due power of Parliaments, and let not one fiction thus domineer to the ruin of your selves and Countrey: J beseech you Gentlemen, act vigorously and couragiously, for the securing of Englands freedomes, or else resolve to live Slaves, and dye Beggers.

FINIS.

Endnotes

 [* ] Note, Sir John Maynard was not in or neere London, when that tumult was made, or the Engagement entred into.

 [* ] If Cromwell can get Sir Iohn Maynards head for Treason, then Sir Iohns estate being forfeited: his Mannor at Islum in Suffelke, lies very well for Cromwels purpose, and hee commanding in chiefe, how dare they deny it if he demand it.

 [* ] See Sir Edw. Cooks 2. part. inst. which is published for good Law to the whole kingdome, by the speciall authority of the present House of Commons.
Who in his exposition of the first cha. of the Statute of Marlebridge, fol. 103, 104. expresly saith. That all causes ought to be heard, ordered, and determined before the Iudges of the Kings Courts, openly in the Kings Courts, whether all persons may resore; And in no Chambers, or other private places, for the Iudges are not Iudges of Chambers, but of Courts, and therefore in open Court. &c.

 [* ] There can be no treason committed against the Army.

 [* ] But Ordinances of King & Lords, King and Commons, or Lords and Commons, are no law of the land, See their own Law, published in the 2. part of Sir Ed. Cooks inst. fol. 47. 48. and 3. part inst. fol. 22. and 4. part inst. fol. 23. 25. 48. 292.

 

9.5. Edward Sexby, William Allen, Thomas Shepherd, For our Faithfull and ever Honored Commanders (6 May, 1647)

Bibliographical Information

Full title

Edward Sexby, William Allen, Thomas Shepherd, For our Faithfull and ever Honored Commanders, the Right Honorable his Excellency, Sir Thomas Fairfax, Major Generall Skipton, Lieutenant Generall Cromwell presented to them in the behalfe of eight Regiments of Horse, by three private Soldiers, who were sent from the Quarters by the Soldery of the forementioned Regiments, wherein they manifest to the world their reall affections to this Common-Wealth, and their forward and brotherly assistance, towards the reliefe of Ireland: if not by some diverted.


Estimated date of publication

6 May, 1647.

Thomason Tracts Catalog information

TT1, p. 507; Thomason 669. f. 11. (9.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

FOR OVR FAITHFVLL AND EVER HONORED COMMANDERS, THE RIGHT HONORABLE HIS EXCELLENCY, SIR Thomas Fairfax, Major Generall Skipton, Lieutenant Generall Cromwell, presented to them in the behalfe of eight Regiments of Horse, by three private Soldiers, who were sent from the Quarters by the Soldery of the forementioned Regiments, wherein they manifest to the world their reall affections to this Common-Wealth, and their forward and brotherly assistance, towards the reliefe of Ireland:

If not by some diverted.

May it please your Honours,

WEE who have (for these two yeares, past) been by your honours conducted through many dangers, and by providence have been hitherto protected, who have often seen the devouring sword of a raging enemy drawn forth against us, threatning destruction to us, and now see them vanquisht, and our selves seemingly setled in peace and safety, are yet sensible of a more dangerous storme hanging over our heads, then ever the malice of our open enemies could have contrived or their fury caused to fall upon us, which unlesse diverted, strikes not only at our liberty, but also at our lives. To whom (next to our Maker) shall we fly for shelter but to your honours, our Patrons, and Protectors, from what secondary meanes shall we expect our deliverance, but from that hand that hath so often been ingaged with us? And from that heart that hath as often been so tender over us; and carefull for our securities.

Can we suffer and you not sympathise? Can we be proclaimed Rebels and your Honours remain secure: Ah, dear Sirs! Let your wonted care for us be further demonstrated, cease not to speak for us, who together with your selevs, and in obedience to your commands, have adventured all that is deare to us, for the Kingdomes safety.

Hath any thing been desired by us that hath not been promised us, or then wee have just cause to expect, if there hath, then let it and the authors thereof perish? But can the Parliament upon mis-information passe us for enemies, and wee not therein perceive the designes of our Enemies? Can wee be satisfied with a complement, when our fellow Soldiers suffer at every Assize, for acts meerly relating to the Warre? Is it not our lives wee seek for? Where shall wee be secured, when the meer envy of a malicious person is sufficient to destroy us? Were our Enemies in the field with their swords in their hands, wee should expect no more then abare command, and a divine protection in our endevoures to free our selves but it is another; and a farre worse Enemy that wee have to deal with, who like Foxes lurke in their Dens; and cannot be dealt with, though, discovered, being protected by those who are intrusted with the Government of the Kingdome; it is the griefe of our hearts, that wee cannot desire our own security, without the hazard of your Honours, if but in speaking in our behalfe: When shall we see Justice dispenced without partiality, or when shall the weal publike be singly sought after & endevoured; can this Irish expedition be any thing else, but a design to ruine & break this Army in peeces, certainly reason tels us it can be nothing else; otherwise, why are not those who have bin made instruments in our Countries deliverance, again be thought worthy to be employed? Or why are such who for their miscariages have been cast out of the Army) thought fit to be intrusted, and those members of the Army encouraged and prefen’d to that service, when they are for the most part such, as (had they considered their just demerrits) might rather have expected an ejection then imployment: Wee are sensible, yea, far more sensible of the bleeding condition of Ireland, (crying aloud for a Brotherly assistance) then those forward undertakers in this present designe manifest themselves to be, and shall willingly contribute the utmost of our abilities towards their reliefe, when wee shall see this to be the only thing sought after, and indevoured; but wee are confident, that your Honours cannot but perceive, that this plot is but a meer cloake, for some who have lately tasted of Soveraignity, and being listed beyond the ordinary spheare of Servants, seek to become Masters, and degenerate into Tyrants: We are earnest therefore with your Honours, to use your utmost endevours, that before any other or further propositions be sent to us, our expectations may be satisfied, which if they are not, wee conceive our selves, and our friends, as bad as destroyed, being exposed to the mercilesse cruelties of our malicious enemies, and shall your Honour, or any other faithfull Servant to the State, be appointed for the Service of Ireland, and accept of that imployment, we must of necessity (contrary to our desires) shew our selves averse to that service, untill our just desires be granted, the just Rights and liberties of the Subjects of England, vindicated and maintained; (and then) as God and our owne consciences beare us witnesse, shall we testifie to the Kingdom the integrity of our hearts to the service of Ireland, and our forward actions shall demonstrate the sincerity of our expressions in reference to that imployment, once more we are earnest with your honours for your assistance, without it we are like to be wholly ruind, and having obtaind it, may be inabled, as in duty we are bound to expresse our selves,

These three Gentlemen Soldiers
whose names are hereto subscribed,
delivered the Letter in be halfe of
the whole, Edward Sexby Will, Allen,
Thomas Sheppherd.

Your Honours and the Kingdomes
most faithfull and obedient servants,
whose names are here to annext,
as agitating in behalfe of
their severall Regiments.

 

9.6. John Lilburne, Rash Oaths unwarrantable (31 May, 1647)

Bibliographical Information

Full title

John Lilburne, Rash Oaths unwarrantable: And the breaking of them as inexcusable. Or, A DISCOURSE, shewing, that the two Houses of Parliament had little ground to make those Oaths they have made, or lesse ground to take, or presse the taking of them, being it is easie to be apprehended, they never intended to keep them, but onely made them for snares, and cloaks for knavery, as is clearly evinced by their constant arbitrary and tyrannicall practices, no justice nor right being to be found amongst them; by meanes of which they have declaratorily, and visibly lost the very soule and essence of true Magistracy, (which is, the doing of justice, judgment, equity and right) and are become a dead carkasse. In which is also a true and just DECLARATION of the unspeakable evill of the delay of justice, and the extraordinary sufferings of Lievtenant Colonell John Lilburne, very much occasioned by M. Henry Martins unfriendly and unjust dealing with him, in not making his Report to the House. All which with divers other things of very high concernment, are declared in the following discourse, being an Epistle written by Lievtenant-Colonell John Lilburne, Prerogative-prisoner in the Tower of London, to Colonell Henry Marten, a Member of the House of Commons, and Chaire-man to the Committee for consideration of the Liberties of the Commons of England. May 1647.

Eccles. 5.2.4. Be not rash with thy mouth, and let not thy heart be hasty to utter any thing before God; but when thou vowest a vow unto God, deferre not to pay it: for he hath no pleasure in fooles: pay that which thou hast vowed
Numb. 30.2. If a man vow a vow unto the Lord, or sweare an oath to hind his soule with a bond, hee shall not breake his word, he shall do according to all that proceedeth out of his mouth.
Deut. 23.21. VVhen thou shalt vow a vow unto the Lord thy God, thou shalt not slack to pay it: for the Lord thy God will surely require it of thee, and it will be sin to thee.
Jer. 4.2. And thou shalt sweare the Lord liveth, in truth, in judgment, and in righteousnesse.
Ezek. 17.15,16,19. Shall he break the Covenant, and be delivered? As I live, saith the Lord God, surely in the place where the king dwelleth that made him king, whose oath he despised, and whose covenant he brake, even with him in the middest of Babylon he shall die; and my covenant that he hath broken, even it will I recompence upon his own head.
Hos. 4.2,3. By swearing, and lying, and killing, and stealing, and committing adultery, they breake out, and bloud toucheth bloud; therefore shall the land mourn.
Ier. 6.19. Heare O earth, behold I will bring evill upon this people, even the fruit of their thoughts, because they have not harkened to my words, nor to my law, but rejected it.


Estimated date of publication

31 May, 1647.

Thomason Tracts Catalog information

TT1, p. 513; Thomason E. 393. (39.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

SIR, When Israel degenerated from the Law of her Soveraigne Lord and King, and followed her own crooked wayes, the Lord himself, as one that was not delighted in her destruction, but rather with her preservation, cries out against her, to make her ashamed of the evill of her wayes. How is the faithfully city become a harlot? it was full of judgement, righteousnesse lodged in it, but now murders. Thy silver is become drosse, thy wine mixt with water. Thy Princes are rebellion and companions of theeves: every one loveth gifts, and followeth after rewards; the judge not the fatherlesse, neither doth the cause of the widdow come unto them. Therefore saith the Lord, the Lord of hosts, the mighty one of Israel, ah, I will ease me of my adversaries, and avenge me of my enemies, Isa. 1. 21, 22, 23, 24.

Sir, an enemy to you he is not, that shall cordially and heartily tell you of you faults, with a desire to reclaim you from the evill of your wayes by so doing, &illegible; 141. 5. which task though unpleasant in it selfe, he that never in his life knew how to flatter, nor play the hypocrite and dissembler, is urgently necessitated now &illegible; his own preservation, to undertake.

And therefore Sir, to give you your due and right, I must ingenuously and knowledge, that I have for a long time looked upon you, as one of the great &illegible; of the Liberties of the Commons of England, and your name amongst all just and unbiassed men, hath been extraordinary famous this present Parliament therefore, and for this you suffered an expulsion of the House, and a reproachfull an unjust imprisonment in the Tower of London, by the guilded men of the time who (you then discovered) carried two faces under one hood; & many moneths (if not some yeares) you continued an ejected person from your just place in two House: And since your re-admission again, have there in your Speeches behave your selfe so gallantly for your Countrey, that your name and fame hath loud been spread abroad by it: Yea give me leave to tell you, that one of your own Members esteemed very honest, but by me too prudentiall; that is to say, too cowardly and too much for himselfe and his selfish interest, in a time when a Northern tempest was likely to arise, told me in the Tower, that the true lovers &illegible; Countrey in England were more beholden unto M. Henry Marten for &illegible; sincerity, uprightnesse, boldnesse and gallantry, then to halfe, if not all thou that are called conscientious men in the House. And truly Sir, having had the happinesse (for so I esteemed it) often to be in your company, I have admired those gallant discourses for the Liberty of this Nation that have flowed from you so that when I first made my appeale to the House of Commons the 16. of June 1646. and heard that my businesse was referred to a Committee where M. Marten had the Chaire, I was not a little refreshed, being even where I would have wished and desired to be; thinking that you, of all the men in the House of Commons, would have been the most sensible of me and my condition: &illegible; must deale truly with you, I found it otherwise: For after, by the earnest &illegible; citation of my wife and friends, you and the Committee had examined my &illegible; and passed (as I was informed) gallant and excellent Votes upon it; but yet you (by your negligence and delay, if not wilfulnesse) exasperated the spirits of the House of Lords against me, and exposed me to their mercilesse fury and devouring indignation, by delaying my Report: And truly Sir, I must give this commendation of them, That the tender mercies of the House of Lords are cruelty: For, upon your examining my businesse, and not reporting it, they tooke courage to themselves, and lock’d me up most illegally, barbarously and tyrannically in Newgate above three weeks close prisoner, from the society of my wife, children, or friends; and would neither suffer me to receive either meat, drink, money, nor any other necessaries, from the hands of my wife, maid, or friends; nor suffer my wife to come into the Prison-yard to speake with me before my Keepers out of my window; the story of which you may more fully read in the 23, 24, 25, 26, 27, 28, 29, 30. pages of my late printed Book called Londons Libertie in chaines discovered; and in my Speech before your selfe (at the Committee) now in print, and called An &illegible; of the Lords tyrannie, pag. 3, 4, 5, 6. and in the second Edition of the Outcries of oppressed Commons, pag. 21, 22, 23. All this while my wife and friends following you day by day, with all the importunity in the world, to beg and intreat of you to make my Report, for want of which I was likely to be destroyed by the devouring House of Lords; but you would not do it: so that in some sense I may complaine with Iob (in reference to you, and the rest of my timorous friends in the House) My kinsfolke have failed me, my familiar friends have forgotten me, and mine acquaintance are verily estranged from me, Job 19. 13, 14. which did hearten the tyrannicall House of Lords, further to go on with their cruelty and tyrannie towards me; and then upon the 11. of July 1646. at their Barre, past a most lawlesse, illegall, and unjust sentence against me, To pay foure thousand pound to the King, to be seven yeares a prisoner in the Tower of London, and for ever to be uncapable to beare any Office or Place in military or in civill government, in Church or Commonwealth, as more at large you may read in the Sentence it selfe, printed in the 30, 31, 32, 33, 34. pages of a little book called Vox Plebis: and what illegall cruelty and tyrannie I have since suffered and indured in my imprisonment in the Tower of London, even to the hazzard of my life and being, and the destruction of my wife and helplesse children, you may largely read in severall printed Books; as Liberty vindicated against Slavery, pag. 16, 17, 18, 19, 22, 23. Londons Liberty in chaines discovered, pag. 31, 32, 33, 34. Regall tyranny discovered, pag. 1, 47, 48, 49, 62, 63, to 78. but especially in my late Epistle to Col. West the Lievtenant of the Tower, called, The oppressed mans oppressions declared.

And after the fore-mentioned Sentence, being committed to the Tower, there to be kept onely in safe custody for seven yeares, as by the Warrant you may read printed in Vox Plebis, pag. 34, 35. I was by the Lievtenant thereof with out ground or cause, most illegally divorced from the society of my wife, &illegible; by himselfe, who afterwards obtained by his owne solicitation, an Order for he indemnity from the Lords, the severity of which by him was executed upon me for above eleven weeks together, as by the fore-mentioned Books you may fully understand, and when by my wives Petition, and my owne, both of which you may read in the 65, 66, 67, 68, 69, 71, 72. pages of my Book called, Londons Liberty in chaines, I had obtained the just priviledge to be heard before a Committee appointed by the House of Commons on purpose, where you your selfe against (to my then great refreshment) was in the Chaire, before whom I had two hearings upon two severall dayes, and I must ingenuously confesse, I had as faire and just play before you, as any man in England could desire, having free liberty, without interruption, to speake whatsoever I in my owne understanding, conceive might be for my benefit and advantage, to your praise and honor, in that particular of your well doing I desire to speake it, and my last discourse then with you and the Committee, was so abundantly satisfactorie and well pleasing unto you that your selves by speciall order the 6. Novem. 1646. commanded me to bring it in unto you in writing, upon the 9. of Novem. next, which I accordingly did and since printed it, not doubting then but within fourteen daies after, I should have been a freeman, freely set at libertie as unjustly imprisoned, and against the good and knowne Law of England, for as high as this, if not higher, I have been informed was the result of the Committee then, and the temper of your House towards justice a thousand times better then now it is.

Sir, I must confesse, I desired you then upon some weighty reasons which I gave you, to forbeare the Report foure or five daies, but when I see that thing fell not out according to my expectation, I sent immediately to you with &illegible; earnestnesse speedily to make my Report, and you gave those I sent to you very faire words, which truly I must tell you, would &illegible; the bellies of me, my wife nor children, nor procure us money to buy bread to doe it; whereupon having high thoughts of your honesty, and your gallant integrity to the love of the Liberties of the Commons of England, grounded (as I conceived) upon a good foundation, and backed with high and resolved resolutions, I did not onely with all the honourable respect I could, send my wife unto you, to beseech and intreat you, to be sensible of my trying condition, and to doe me and all the Commons of England (who were and are not a little concerned in me) that justice and right, as without further delay to make my Report to the House for me, but I also sent unto severall of my friends in the House and City, in the most candidnes manner I could, that I knew had a familiar acquaintance with you, earnestly pressing them to improve all their interest in you, to get you to make my Report and when I could not prevaile with you that way, I writ a few importuning lines to you, and the like to others of my friends, which I knew were dear unto you, and when that would not doe, I sent some of your owne Countrey-men unto you, whose Commissioner and representer you are, to improve their utmost interest in you, and I also gave you a gentle touch or two in print of my great suffering by your neglect. Sir, in short, wanted I a wife, I should not I am confident of it, use so much wooing to the fairest and vertuest woman in England, though with a rich portion in Lands and money, to obtaine her for my wife, as I have done to you to make my Report, having (I protest it before the presence of God) left no just meanes (and others though I perish, I will never take) unattempted, that all the wits and braines I have could think of, to obtaine this peece of reasonable justice at your hands to make my Report for me to the House, which you are bound in duty, conscience, justice and honour to doe for mee long since, without one tenth part of that importunate solicitation, that I for the greatest part of a yeare together have used to you.

Sir, I pray remember the 29. Chap. of Magna Charta, which requires you not only to doe impartiall justice, but speedie justice without delay: the unrighteous Judge though at last he did justice, yet he is called the unrighteous Judge because he would not do it speedily, but suffered the poor widdow to pump and importune him for it; but say I to you, I wish my Judges were not worse then the unrighteous Judge.

But Sir, seeing it is to no purpose, I can no longer now forbeare, but must write you my mind to the purpose, cost it what it will, being now at present as carelesse of you, as you are and have been of me, and my long (but I will not say unsupportable) sufferings, though I might truly say it, if it were not that I had a full, faithfull, and soule-satisfying God, to rest and rely upon, and the distresses and hardly to be undergone portion of my wife and little infants: But Sir, I beseech you, give me leave, before I &illegible; into the deep, a little mildly to expostulate with you, in a friendly way before we fall out, and to demand this question of you, what I have said or done to you, to give you any tolerable cause to deale thus with me, as you have done, as by your delay of your duty to destroy me, and given me too jus cause in reference to you, to say with David, Psal. 55. 12, 13, 14. For it was not an enemy that reproached me, then I could have borne it: neither was it he that hated me, that did magnifie himself against me, then I would have hid my self from him; but it was thou, &illegible; &illegible; mine equall, my guide, and mine acquintance, we took sweet counsell together: And truly Sir, the evill doings of a friend are the most piercing and wounding, and the least to be indured, and the most odious to God, and detestable amongst all rationall and gallant men, Jer. 9. 4. to the 9. Ch. 12. 6. and Ch. 20. 10, 11, 12. But Sir, if you have nothing to lay to my charge in reference to your self, I desire to know if you have any thing to accuse me of in reference to the publike, have I deerted my interest? or betraid the Liberties of my fellow Commons of England? or have I been sluggish, slothfull, or cowardly in mannaging the businesse I have in hand? or have I been impatient in my sufferings, & by my madness and folly destroyed my business? or given grounded advantage to my adversaries? If all or anie of these can be justly laid to my charge, I desire not to be spared.

But Sir, if you can say nothing against me by way of miscarriage to you in particular, or the publike in generall, then I pray you give me leave to demand of you this question, What have you to say for your selfe, that you have thus delayed to make my report, and thereby over and over, againe and againe have hazzarded my destruction and utter ruine, contrary to law, honestly, justice, reason and conscience?

If you should say, it is not seasonable, and that the temper of your House is such that to make it, it would do me nor the Kingdome no good, but rather a mischief, in hazzarding the confirmation of the Lords tyranny towards me by a vote of your House, whose spirits are extreamly exasperated against me above all men in England. To answer which, what do you else then hereby give me too just cause to say of your House, in which so many that professe honesty sit, though it bee but little demonstrative by their actions, that you are a corrupted and degenerated generation of men, that are fallen from doing of Justice to the executing of Tyranny, and from maintaining, defending, and protecting (according to your duty, and the end of your sitting where you do) the Lawes and Liberties of the Commons of England, to the betraying, subverting and destroying them, and so have all of you forfeited your trust, and your Parliamentary power, which (as you your selves say, 1. part. Book Decl. p. 150.) was given you to provide for the Peoples weales, but not for their woes, and have thereby absolutely absolved and discharged the people from all subjection to you, and given them cause that sent you, to call you home, and chuse honester men in your places, to call you to a strict accompt for all your tyranny, oppression and trechercy, and know what you have done with all their money; which they may justly (by your own arguments against the King) do: See the second Edition of the Outcries of oppressed Commons, p. 4, 5, 6, 7, 14, 15, 16, 17, 18.

And in case of disobedience from you to your trusters, and impowers the severall Shires, Countreyes, and Corporations that choose you, what do you else, then thereby give them cause to look upon you, as you have this foure or five years looked upon the King, and deale by you, as you have dealt with the King, even to wage war against you, for betrayers of your trust, which they and the whole Kingdome reposed in you, who are now degenerated from a just House of Parliament (the end of calling of which by the Law, is to redresse mischiefs and grievances that daily happen, 26. E. 3. 12. but not to augment and wholly increase them) into a conspiracy and consederacy of lawlesse, unlimited, and unbounded men, that have actually destroyed the Lawes and Liberties of England, and that will have no rule to walke by but their owne corrupted and bloody wills, and thereby have set up the highest Tyranny that can be set up in the world, against which, by your owne principles, the Kingdome may justly rise up in Armes as one man, and destroy all the fore-said conspirators without mercy or compassion, as a company of devouring Lions, ravening Wolves, and crafty Foxes, that would destroy the poore flocks of lambs, and sheep of this distressed Kingdome, the people and Inhabitants thereof; for take away Law (as the Parliament in a transcendent measure hath done) and deny us justice and right, as is constantly in a great measure done unto us by the Parliament: And what are we now better then the brute beasts of the field? the weakest of which are torne in pieces, devoured, and destroyed by the strongest, for remedie &illegible; which the Parliament against the King took up Armes, and when they had no Law of the Kingdome to warrant them in so doing, they make use of the law of nature and reason, and tell the King, Book Dec. 1 part pag. 207.

That this Law is as old as the Kingdome, that the Kingdome must not be without a meanes to preserve it selfe; but in which of our Statutes this is writ, I never yet could heare, see, nor read of, and am very sure it is no where but in their own Declarations, and ingraven in the heart of man as a principle of nature and reason, which as they very well and justly say, teacheth a man or Kingdome to preserve its selfe, 1 part Book Dec. pag. 44. 93, 94. 112, 123. 202. 465. 466. 726, 728. see 2. Edition of the Outcries, pag. 12, 13.

And if this Doctrine be true, as you avouch it is, then it will much more serve against your selves then the King, because the King is so fenced about with the Lawes of the Kingdome, that it is impossible for a man or Magistrate to bee more, and if you are but a betrusted power, impowered pro tempore, by the people, for no other end in the world, but to provide for their weale and happinesse, and to redresse their mischiefs and grievances unfortified at all, by the established knowne and declared Law of the Kingdome, degenerate from your trust; destroy their Liberties, and trades, overthrow their Lawes, and the Bounds that establish meum & tuum, and tyrannize over their persons ten times worse then ever the King did, or his wicked and evill Ministers of Justice, the Judges and Parentee Monopolizers, especially all of whom you cannot deny but he at the beginning of your Session surrendred up to you to be punished by you according to Law & Justice, which in them you extreamely perverted and tooke bribes, for the acquitting the capitallest of them, and otherwise made use of them to do more mischiefe since to the Common-wealth then ever they had done before, by assuring any thing for Law that you would propound to them, by meanes of which you with your wicked and unbounded Priviledges, have dared to exercise the absolutest and grandest tyranny over the lives, liberties, trades, properties, and estates of the Freemen of England, that ever was, I dare positively aver it, since it was a Nation, governed by an established and declared Law, to your eternall and everlasting shame I speake it: so that truly, if the Freemen of England seriously look upon all your late publike, and to us visible actions, and compare them with their former enjoyments, they may justly take up Miach’s lamentation and say with him to you, The good man is perished out of the earth, and there is none upright amongst you men: they (or you) all lie in waite for blood: they (or you) hunt every man his brother with a net: that they, or you, may do evill with both hands earnestly, the Prince asketh and the Judge asketh for a reward, and the great man he uttereth his mischievous desire, so they wrap it up, (therefore woe unto the Parliament, for) the best of them is as a briar, the most upright is sharper then a thorne hedge, the day of thy watchmen, and thy visitation cometh, now (with a vengeance) shall bee their perplexity; therefore, O all ye understanding Commons of England, in reference to your Parliament Trustees, trust ye not in a friend, put ye no confidence in a guide, for your enemies are the men of your owne House, Micah 7. 2, 3, 4, 5, 6.

Therefore M. Martin, I professe it before you, and all the world, that were I rationally able, I would make no scruple of conscience to help forward with my sword in my hand, the distruction of every lawlesse, tyrannicall, treacherous man amongst you, that I should groundedly know to be a ring-leader in the fore-said transcendent vilenesse, then I should to help to destroy so many rats or devouring vermin; and by your owne fore-mentioned Principles, Declarations, Protestations, Oathes, Actions and doings, it will undeniably be justified to be lawfull for all the Commons of Englands to do the same towards you.

But now Sir, let us come to some particulars, in the first place the 29. Chap. and the most excellent Petition of right, which I call the English-mans legall treasure, doth clearly condemne all the practises amongst you, for they expressely say, that no Freeman shall be taken and imprisoned, or be disseized of his freehold or liberties, or free-customes, or be out-lawed, or exiled or any otherwise destroyed, nor we will not passe upon him nor condemne him, but by lawfull judgement of his Peers, (that is to say equalls, or men of his owne condition) or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either iustice or right, and that no man be imprisoned without cause shewed, or expressed in his Warrant of Commitment, nor no man refused Habeas Corpus’s for any cause whatever, nor no man taken by Petition, nor suggestion made to our Lord the King, nor his Counsell, unlesse it be by Indictment or Presentment of his good and lawfull People of the same neighbourhood where such deeds be done, (25. E. 3. 4.) in due manner, or by Processe made by Writ Originall at the common Law; nor that none be put out of his Franchises, nor of his Free-holds, unlesse he be duly brought in to answer, and fore-judged of the same by the course of the Law, and that no man hereafter be compelled to make or yeeld any guist, bond, benevolence, taxe, or such like charge, without common consent by Act of Parliament; Now compare your daily and hourly action; to those good, just, and unrepealed Laws, and blush for shame.

But to wipe all this off, you will it may be say the same, that is said in your Declaration of the 17 of Aprill 1645, Booke Decl. 2 part pag. 879. That the end of the Primitive institution of all government, is the safty and weale of the people, which is above all Lawes, and therefore the Kingdome being imbroyled in warre, necessitated, nacessitie compells you to doe many actions contrary to the knowne Lawes of the Land, without the doing of which actions, wanting the puntillo of the Kings consent, you could not save your selves, nor the kingdome, will admit all this for a truth, I pray then why doe you impose such illegall, devilsh, impossible to be kept, contradicting Oaths, and Covenants, upon all the Freemen of England? upon such fever penalties that all men must be disfranchised or destroyed that will not take them, and in them without any provisoes, cautions, limitations, or declared exceptions, and reservation, tye them to maintaine the Law of the Land, and the lawfull rightes and liberties of the Subjects of England, is not this to force men to sweare to contradict and oppose to the death all your actions, and to destory you for doing those actions, because they are contrary to the Law, and Liberties of England? O yee, forsworne men, for so I may call you all, that have taken these illegall, damnable, hellish, and soule insnaring Oaths, because ye do your selves, and suffer to be done daily, such things as tends to the absolute distruction of the Lawes, and the lawfull Liberties of the freemen of England, which by all these Oaths you have sworne to maintaine and defend, with all your might, and yet there is not one just, nor righteous man amongst you, that dare avowedly and publiquely, to the whole Kingdom protest against all the rest, but by parsilent patient and constant seting there owne approve of all their actions: O ye unworthy forsworne men in the highest degree, for this may too justly be the stile, and title of all, and every one of you without exceptions, in the condition of the visablest best of whom, for Millions of Gold I would not be, for if perjuries, swearings, and false swearings be so odious, abominable, and detestable unto God as in Scripture he declares they are, read Exod 20. 7. Lev. 19. 11. 12 Num. 30. 2. Deut. 23. 21. 22. 23. Psal. 15. 4. Eccl. 5. 4. 5. Ezek. 17. 13. 14. 15. 16. 17. 18. 19. Jer. 24. 10, Zek. 5. 3. 4. 9. 8. 16. 17.

Then woe, woe, and vengance upon earth is your undoubted portion, if &illegible; everlasting woe, and indignation in the world to come.

But that I may not be sentenced for rashnes in saying this which is not in your Oath, and Covenants, I will site your owne words, and leave them to your judgement to passe sentence upon them.

First, in your Protestation of the 5 of May 1641, I find you sweare in these words, To maintaine and defend the lawfull Rights and Liberties of the Subject, and every person that maketh this Protestation, in whatsoever he shall doe in the lawfull pursuance of the same.

And secondly, in your Vow and Covenant, which you commanded to be taken throughout the whole Kingdome, You vow in the presence of Almighty God the Searcher of all hearts that you doe in your Conscience beleeve, that the forces raised by the two Houses of Parliament, are raised and continue for their iust defence, and for the defence of the true Protestant Religion, (which what that is I thinke never a one of your selves knowes,) And Lawes and Liberties of the Subject, against the Forces raised by the King and a little below you all that tooke that Oath, declare, vow, and covenant, to assist all &illegible; that shall take this Oath, in what they shall doe in &illegible; thereof and if so, then I aver it for a truth, that all the men of England that have taken this Oath, are bound to assist me, or any other whatsoever that shall oppose the Lord; and Commons sitting at VVestminster, for their apparant indeavoring the distruction of the Liberties of the Subject.

And in the third place, in the preamble to the League and Covenant, fram’d in Scotland, and most basely, illegally, and unjustly, obtruded upon England, and the Freemen thereof, with an unsupportable penalty, I find that amongst the things, the Fraimers of it had before their eyes, this is one, viz.

The true publique Liberty, safety and Peace of the Kingdome, wherein every ones private condition is included, And in the third Article of the Covenant, you and all those that took it, sweare sencerely, really, and constantly, in your severall conditions, to endeavour with your estates and lives, mutually to preserus the Rights and Privileges of the Parliament; and the leiberties of the Kingdome, and I am sure the Parliament hath often declared (though in action; they have visablely denied it) that they have no Privileges for the destruction of the Kingdome, but for the preservation of it, nor no Privileges for the over-throwing of good and wholsome Lawes, but for the defending and preseruing of them, not no Privileges for the trampling under their feet the Liberties of the Kingdome, but to maintaine them in their luster and glory, and what they are, you may in part read before, and in your owne Declaration.

First part booke Decl. page 6. 7. 38. 39. 77. 123. 201. 202. 209. 277. 278. 458. 459. 548. 660. 720. 845. see the second edition of the out-cryes of oppressed Commons. page 8.

I shall give you but one notable instance, of the most rememberable Vengence of God upon the Hungarians for breaking and violating their Faith and Covenant, made with the Turke, and it is in the Turkish History made of the Life of Amurath the second, the sixt King of the Turkes: In which History the fourth edition, printed by Adam &illegible; 1631, I read that the Hungarians, were much distressed by inrods and spoyles made by the said Amurath, whereupon the States and great men of Hungary chused Vladislaus King of Polonia, for their King, and Captaine Generall, and he made that, famous man Huniades his Generall in Transliluania, who obtained severall most notable Victories against the Turkes, as you may read in the foresaid History folio 267. 269. 273. 277. one of which is extraordinary remarkable; that Huniades with 15000. tought a pitcht-field with about 80000. Turkes and after five houres there &illegible; feirce and bloody fight, totally overthrew the Turkey by, &illegible; of sword, and just about that time Scanderbeg that famous &illegible; and wonder of his age for gallant achevements, revolted from the Turke, which with his great losses be the valiant Hungarians, so &illegible; old Amurath, that in a very great feare of himselfe and his Kingdome, be made a peace, (to his owne particuler great losle,) for ten yeares with &illegible; &illegible; the catulations whereof were, First, that Amurath withdraw all his forces and garrisons, should clearely depart out of Sernia, and restore the same unto the possession of George the late Dispot., the right Lord and Owner thereof, (then in armes and confideracy with the Hungarians) Delivering also freely unto him his two sonnes Stephen and George, who was berest of their sight, he had long time keept in straite prison. Also, than from henceforth he should make no claime unto the Kingdome of Moldavia, nor to that part of Bulgaria, which he had in the late Warres lost, And finally, that he should not invate nor molest the Hungarians, nor any part of the kingdome, during the whole time of that peace, and to paie 40000. Duckats for the Ransome of Carambey one of his Generalls, which conditions by solome Oath were confirmed, King Vladislaus taking his Oath upon the Holy &illegible; and Amurath (by his Ambassoders) upon their Turkish Alcoron, inviolable to observe the ten yeares peace, and Amurath forthwith faithfully performed those things that he was presently to doe, folio 292. but by the perswadtion of divers Princes, but especially of Iulian the Cardinall, the Popes Legat, who in his large and set speech in a full convention, urged that against a persidious enemie, (as the Turke was) it is lawfull for a man to use all canning, force and deceit, deluding craft with craft, and fraud with fraud, and saith he, by craft the Turke first passed into Europe, and by little and little be crept into that Kingdome, and never kept faith with any. It is sometimes lawfull for the common-weale sake, neither to stand to our Leauges, nest her to keepe our faith with them that be themselves faithlesse; lawfull saith he it is to breake unlawfull Oaths, especially such as are thought to be against right reason, and equitie, therefore saith he make no conscience of the League you made with the Infidell, upon which the King. Vladislans condescended to be absolved by the Cardinall, from his Oath and Covenant, and prepaires for wars against the Turkes, and the Turke with his army met him, and pitched battle within Atvarna, that fatall place to the Hungarians, and when the battle came close to be joyned, it was cleare of the Christians sides, who had put to flight both the wings of the Turkish armie, insomuch that Amurath dismayed with the slight of his Souldiers, was about to have &illegible; himselfe out of the maine battle, had he not bin stayed by a common souldier, who laying hands upon the raines of his bridle stayed him by force, and sharply reproved him for cawardize: And Amurath seeing the great slaughter of his men, and all brought into extreame danger, beholding the picture of the crucifix in the displayed ensignes of the voluntarte Christians, pluckt the writing out of his bosome, wherein the League was comprised, and holding it up in his hand with his eyes cast up to Heaven, said.

Behold thou crucified Christ, this is the League thy Christians in thy name made with me, which they have without cause violated. Now if thou be a God, as they say thou art, and as we dreame, revenge the wrong now done unto thy Name, and me, and shew thy power upon thy perjurious people, who in their deeds devy thee their God. Whereupon there began a most cruell and feirce fight, the successe of which within a little while wholy fell to the Turkes, who having staine King Vladislans, and discomforted his Army, Huniades that most valiant Captaine was forced to fly for his life, and it is observable, that in this battle were destroyed all the chiefe Authors and Actours (yea Iulian himselfe) in breaking the Oath, Covenant, and League, they had made with the Turke, Folio 297. 298. which overthrow proved a fatall and dismall blow to the Hungarians, which may be a good warning to all men in the world, not rashly to enter into an Oath or Covenant, but deliberately, and with a resolved resolution enviolably to keepe and observe it, which is impossible for any man breathing to do yours.

For first I read in the 1 Eliz. Chapter 1 that all and every Arch-Bishop, Bishop, and all and every other Ecclesiasticall Person, and other Ecclesiasticall Officer, and Minister, of what estate, dignity, preheminence, or degree, soever he or thay be, or shall be, and all and every temporall Judge, Justice, Mayor, and other lay or temporall Officer, and Minister, and every other person having your highnesse fees or wagges within this Realme, or any your Highnesse Dominions &c. shall take that Oath following, viz.

THat the King is the onely supreme Governour of this Realme, and of all other his Highnesse Dominions and Countries, as well in all Spirituall or Ecclesiasticall things or causes, as Temporall.

And a little below all that takes it (which all you Parliament men) must and ought to doe, or else you cannot sit, as by the Stature of the 5 Elz. 1. appeares, sweares and promises, that from henceforth I shall beare faith and true Alleagence to the Kings Highnesse, his Heires, and lawfull Successors, and to my power shall assist and defend all jurisdictions, priviledges, proheminencies, and authorities, granted or belonging to the Kings Highnesse, his Heires, and Successors, vnited and annexed to the imperiall Crowns of this Realme.

And by the Oath of Allegiance inacted the 3 of Jam. chapter 4. which principally and originally was made for Popish Recusants to take and for such men of England as traviled beyond the Seas to serve any Forraigne State, or Prince, though of late yeares as I am informed, imposed upon all Members of Parliament before they are admitted to sit there, in which Oath, you and every one that takes it, sweares and declares in your Conscience before God and the World, that our Soveraigne Lord King Charles is lawfull and rightfull King of this Realme, and of all other his Majesties Dominions and Countries, and that the Pope, neither of himselfe, nor by any Authority of the Church or Sea of Rome, or by any other meanes with any other, (marke the last clause well) hath any power or authoritie to despose the King, or to dispose any of his Majesties kingdomes or dominions, or to authorise any Forraigne Prince to invade or annoy him, or his countries, or to give liscence or leave to any of them to beare Armes, raise Tumults, or to offer any violence or hurt to his Majesties Royall Person, State, or Government, or to any of his Majesties Subjects within his Dominions.

And a little below, he that takes that Oath sweares, I will beare Faith and true Allegiance to his Majestie, his Heares, and Successors, and him, and them will, defend to the uttermost of my power, against all conspiracies and attempts whatsoever, (marke the word whatseover) which shall be made againct his or their Persons, their Crowne and Dignitie, by reason or colour of any such Sentence or Declaration, or otherwise, (marke the word otherwise well,) and will doe to my best endeavour to disclose or make knowne unto his Majesty, his Heires, and Successors, all treasons and treacherous conspiracias, which I shall know or heare of, to be against him or them, And below the Oath saith, I do beleeve, and in conscience am resolued, that neither the Pope, nor any person whatsoever, (note the foure last words well) hath power is absolute me of this Oath, nor any part thereof, which I acknowledge by good and full authoritie to be lawfully ministred unto me, and doe renounce all Pardons and Dispensations to the contrary, and all these things I do plainly & sincerely acknowledge and sweare, according to these expresse words by me spoken according to the plaine and common sence, and understanding of the same words, without any equevocation, or menthall evation, or secret reservation, whatsoever: And I doe make this recogniction and acknowledgement heartily, willingly and truly, upon the true faith of a Christian. So helpe me God, And adde unto these your fore-mentioned Covenants, and upon them all I conclude it is impossible for any man breathing to keepe them.

Now Sir, set aside the evill ingredients of these two Legall or Statute Oaths fore-mentioned, which were easie in my judgement to be evinsed, especially that clause of the Oath of Supreamicy, recorded 1 Eliz. 1 the expresse words of which are, That the King is the onely Supreme Governour of this Realme, and of all other his Highnesse Dominions and Countries, at well in all Spirituall or Ecclesiastiall things or causes, as Temporall.

To say nothing of the Temporal part of it, I will desire you to satisfie me in two or three things of the Spirituall.

First, whether or no Jesus Christ, by God the Father was not appointed to be the perfect Law-maker, and Law-giver, unto his visible Church on earth under the Gospell? and so to settle it, that there should be no roome at all left for Kings, Parliaments, or any other power on earth to adde to, or detract from what he by the eternally and everlasting assignment of his Father was to doe in that particuler?

Secondly, whether or no he hath beene faithfull in executing fully the will of his Father in this particuler?

Thirdly, whether or no, to deny his faithfulnesse, or to set up in the Spirituall Church, House, or City of Jesus Christ, the dictats, lawes, or injuntions, or commands of Kings, Parliaments, or any other earthly power whatsoever be not an absolut denyall of the faithfulnesse of Jesus Christ, a calling the Scripturea lie, and false thing and a Declaration that he that we owne of our annointed Mesias or Seviour is a Theese Deluder, and false Prophet, and not the true reall and great Prophet, profeised of old to be sent into the world, as the Atoner of man unto God, the King of Saints, as well as the King of Kings, unto whom all power in Heaven and Earth was to be committed to make absolute, perfect, sperituall Lawes, unalterable, unchangable, by any King, Parliament, or Potentats whatsoever?

Fourthly, whether there can be greater treason committed on earth, by man against Jesus Christ, then to disclaime and renounce him and his absolut Kingship? by swearing that either the Pope, or any King, Parliament, or Potentats, are the head, or onely supreame Governour in their severall Kingdomes Dominions, or Jurisdictions, in all Sperituall or Ecclesiasticall things or causes?

Lastly, whether Kings, Parliaments, and Magestraites, as Kings, Parliaments, and Magestrates, have any thing at all to doe with the Sperituall House, City, or Church of Christ on earth? and whether that if any of them clame any interest, power, or authority, in the Church of Christ, it be not by vertue of their Saintship? not Kingship, and whether or no the worship and service of the soule, spirit, or inward renewed man, be not the absolute alone and onely right of God? and as much his single due without compettitors, as the obedience and subjection of the body, outward man, and estate is the right and due of Cæsar, Kings, Parliaments, or Potentats?

But Sir to returne back againe unto the Oath, I beseech you let me aske you, whether are not those men forsworne that have taken the formentioned Oaths, and then within a little while after give men commissions to fight with, kill and slay the very same man they had so sworne unto, for the tenur of the Earle of Essex Commission was to kill and slay all those that opposed him, and in the head of that Army who opposed him was the King, who was as possibly to have been killed in the battle as any other in the Army. Nay Sir, is it not the highest of contradictions, that when you have authorized men three or foure yeares to fight against the King and have taken him prisoner and so keep him, yet you shall force men, (although they be freely chosen by their Country before you will admit them to set in your house,) to take the fore recited Oaths to be true to the King: truely for my part the Oaths to me are so notablely penned, that I know not with what evasions or distinctions, you, or any of you that have taken the said Oaths, are able rationally to free your selves, (considering your actions) from being forsworne and perjured if a man may so call it befor conviction. I pray you Sir, give me leave here to recite your late negative Oath, and so whether it be not point blank against the Oaths of Allegience and Supremisie, before recited, the negitive Oath begins thus,

I A. B. do sweare from my heart, that I will not directly nor indirectly adheare unto or willingly assist the King in this Warre or in this cause against the Parliament, nor any forces raised against the two Houses of Parliament in this Cause or Warre, and I do likewise sweare that my comming and submitting my selfe under the power and protection of the Parliament, it with any manner of designe whatsoever, to the prejudice or proceeding of this present Parliament, and without the direction, privity, and advise of the King, or any of his counsellor Officers other then what I have now made knowne, so helpe me God, and the contents of this Booke.

This is the Oath that all the Cavaliers take (or by your orders ought to take,) before they can make their composition, therfor I pray you let me aske you these question.

First, whether or no this Oath called the Negative Oath, be not absolutely point blanke opposit against the Oaths called the Oaths of Suppremisie and Allegience?

Secondly, whether or no, are not all those Cavaliers that take this Negative Oath that have taken the two former absolutly forsworne and perjured, and what trust or confidence is to be put in perjured Persons, I leave you to judge;

Thirdly, Whether or no, are not the Parliament it self the maine instruments of these mens perjury, in forcing many times this negative Oath and others upon them against their wills, mindes, and consciences, and so for any thing they know, send them headlong to the devill, which is one of the most wickedest actions in the world:

Now Sir to conclude this point; I would faine in the third place know, how it is possible for any of you to sweer in truth, in judgement, and in righteousnesse, as you ought. Iere. 4. 2. When you take or make Oaths by formes, the ingredients of which admits in your own understandings of various interpretations, so that you are but in a doubting condition, whether that sense you take it be the true sense, or no? and so hereby the end of an Oath is frustrate in you, for by Gods appointment, it ought to be the end of all controvercy and strife. Heb. 6. 16. but to you these Oaths are but the beginning of them, and so in that perticular alone altogether unlawfull.

Fourthly, Seeing Iesus Christ in the fist of Matth. 34. 35, 36, 37. expresly saith, Sware not at all, neither by heaven, for it is Gods throne; nor by the earth, for it is his foot-stool; neither by Hierusalem, for it is the city of the great King. Neither shalt thou swear by thy head, because thou canst not make one haire white or black. But let your communication be yea, yea, nay, nay; for whatsoever is more then these, commeth of evill. and the Apostle Iames, chap. 5. 12. saith, but above all things my brethren, sware not neither by heaven, neither by the earth, neither by any other Oath: but let your yen, be yen; and your nay, nay; lest ye fall into condemnation.

And seeing that in all the New Testament, there is not the least rule at all, for any that professe the fear of God, to forsware at all, in any case whatsoever, unlesse it be, that a ground for swearing can be fetched from that of the sixth of the Hebrewes. 16. which if it can, it is but in one case only, namely, for confirmation of that truth which a man delivers for the ending of all strife, as I conceive betwixt party, and party, but that which a man swears, he must be sure of it, and that hee knowes it in his own knowledge to be true, or else bee sweares not as God requires, as before is truly observed.

Now Sir, these things premised and seriously considered, I desire to know of you, from whence you, or any Parliament upon earth fetcheria and derives your Power, Ground, or Authority, to make and impose such formes of Oathes, as the Oathes of Supremacy and Allegiance are? or the Oathes of your Vowes and Covenants before mentioned are? that have not only so many dubious things in every one of them, but also are expresly against the positive command of Christ, the Anointed King of Saints as well as King of kings, and by whom Kings rule; for my part I protest it freely before the God of heaven and earth, I think it as lawful for me to cut mine own throat, as to take all or any of your forementioned unwarrantable Oathes, for he that hath said, Thou shalt not kill. hath also said, thou shalt not in that manner swear. And I would fain know of you, what confidence the Parliament upon sollid grounds, can put upon any men in England that are so ready and willing to swallow your oathes? that now are become nothing else but cloaks of knavery, and breeders of strife and mischief? therefore for shame say them all down and presse them no more upon any man whatsoever for he that consciensiously make nothing of an Oath, will make as little of breaking his Oath whensoever it shall make for his profit, ease or preferment, whereas to him that conscienciously scruples an Oath, his bare word, promise, or ingagement, is the sencerest tye in the world, which he would not willingly violate for all the earth.

But Sir, to return to your forementioned grand Objection, That your Houses are not in a temper to hear my report and to do me justice upon it, I pray Sir what is the reason of it? Is it because there is a Faction of great men in it that hates my person? and therefore though my cause be never so just, yet they will do me no right? and if so, then I tell you plainly without fear they are a company of Factions knaves, and not a company of righteous Judges, who ought in judgement to be so impartial that they should not regard or respect persons, but the justnesse of their cause.

Or Secondly, it is because I have not the Law of the Land sufficiently on my side, and if so, it is the easier judged against me, but why did you receive and approve of my appeple to your house at first, but know Sir, that although I be no Lawyer, yet I dare throw the gantlet to all the Lawyers in England; and against them all before any Legall Barre in England will plead my own cause my selfe and justifie and prove the Lords proceedings with me, to be point blanke against the good, old, and unrepealed Law of England; and this I will do at my utmost, perrell, yea let the Lords (in the front) put their lying Champion William Prinn, the basest and lyingest of men, who in less then eight lines, hath told and printed twelve or thirteene notorious lyes against me, see Inocencie and truth justified, page 4. 5. 6. and hath such a firey zeale to my distruction that in his late booke called, The Sword of Christian Majestracy supported, hee would have the two Houses without Law, by the power of their owne wills to hang me, for no other cause in the world, but for being zealous and couragious in standing for the Laws and Liberties of England: which you and he have sworne, vowed, and covenanted, to maintaine, preserve, and defend, and for which you have shed (at least in pretence) so much English blood Oh brave Prinns a fit man indeed to be a Privy-Counseller to the great Turke, whose will is his Law.

Or in the third place, it is because the Lords are so great that you dare not do me justice and right? for feare of displeasing them, and if so, why doe you not tell the Kingdome so (for it is not a little conserned in the contest betwixt the Lords and myself) that we may follow your former &illegible; to know the names of them, among them that are enemies to our Liberties and just Freedome, and so indeavour to give them their just deserts: For I read in the 547, 548. pages of the first part book Declaration, that upon a lamentable show of many thousands of poore people in and about the City of London, the House of Commons appointed a conference with the Lords, where Mr. Hollin, whose actions demonstrats thereby his ambition is not to be lesse then a Duke, or a petty King, though not in title yet in power and domination one of the chiefest stickler then against the King, in the whole house, (and one of the chiefest Beginners, Causers, and Promoters of the by-past warres against the King) pressed the Lords at there Barre, to joyne with the house of Commons in their desire about the Militia and further (with many expressions of the like nature) desired in words to this effect, that (of that desire of the House of Commons were not assented too) those Lords who were willing to concur in would find some means to make themselves knowne, that it might be knowne who were against them, and they might make it knowne to them who sent them: yea in page 557 ibins it is positively aver’d, that he required the names of all those of that House which would not discharge that they then called ther Kingdom, so the &illegible; notable Declaration at Oxford, the ninteenth of March 1643. page 10. 11. 12. and Mr. Hollis his owne printed Speech, and if this fore recited practis were just then, it is also in the like case just now, yea and the rather because our case is ten times worse now then it was then, and our Lawes and Liberties (principally by the House of Lords means, and their Arbitrary consederates in the House of Commons) are now a giving up (to the eyes of all rationall and knowing impartiall men) their last breath; yea, and verily there is but one step betwixt Us the Commons of England and perfect and absolute slavery, which I for my part had rather be hanged, if it were possible, ten thousand times over then indure; but Sir, remember that you in your excellent Declaration of the 19. May 1642. 1. part book Declaration. pag. 207. tell us, that this law is as old as the Kingdom, that the Kingdom must not be without a means to preserve it self; and I say by your own declared principles, that if you, our ordinary and legall means, will not preserve us, but rather destroy us, we may justly by extraordinary and rationall means preserve our selves, and destroy you our treacherous destroyers.

Or lastly, is it because your House hath already done the last Act of Justice that ever they intended to doe for the Commons of England, (there Impowerers, Lords, and Masters,) and therefore I cannot expect the making of my report: indeed Sir, I ingniously confesse unto you, I think this is the true reason indeed, enough you do not in plain English words tell us as much, yet by your actions you undeniablely declare it; for truly many say that there is no Iustice nor right to be had at your hands; and for our Laws, they only serve you to destroy us at your pleasure, or to serve your ends, when your hot burning malice is incensed against us; which if they serve for your ends, they shall be your engines to undoe us. But they do not in the least serve to defend or protect us against you, but when we should use them against any of you, as justly we may: See your own excellent Declaration of the 26. May 1642. 1 part book Declar. p. 278. Sir Ed. Cookes 4. part institut. chap. of the High Court of Parliament; they are esteemed and made by you of no more worth and strength, then Samsons green uithes, with which he was bound, which at his pleasure he brook, as a thred of tow is broken, when it toucheth the fire. Iudg. 16. 9.

As for instance by the 1. Eliz. cap. 2. it is inacted, That whosoever shall not diligently and faithfully, having no lawfull or reasonable excuse to be absent, endeavouring themselves to resort to their Parish-Churches or Chappels accustomed, or upon reasonable let thereof, to some usuall place where Common Prayer, and such service of God (marke it well) shall be used, shalbe dealt with as is contained in the foresaid Statute, which Statute is confirmed by the stat of the 23, Eliz. cap. 1. and the penalty increased, as &illegible; you may read, which Statutes are also confirmed by 29. Eliz. 6. & 35. Eliz. 1. 3. Jans. 4. Now Sir, I pray you take notice that these and the like laws, doth nor say, He that will not come to Church to hear Sermons, or Directory, but he that doth not come to some usuall place where Common Prayer, and such, (marke that) service of God shall be used, shall be punished so and so, as in 1. Eliz. chap. 2. and by the 23. Eliz. chap 1. He that doth not repaire to some Church, Chappell, or usuall place of Common-Prayer, shall forfeit 201. a moneth, and be bound to his good behaviour, &c.

And the other Statutes all refer still, to the place where Common-prayer it used, see the Statute of Conventicles, being the 35. Eliz. chap. 1.

Now Sir the present Parliament having taken away the Common-Prayer, and set up a Directory, which these lawes never knew, nor mention; the sting of these Lawes are gone in that particular; for how can I in Iustice, be Indited for not comming to heare Common-Prayer, when the Parliament (that now exerciseth an absolute law-making, and regall power) will not suffer it, under severe penalties to be read or remain in being in Parish Churches.

And that the Parliament hath taken away Common prayer appears, by their printed Ordinance of the third of January 1644. and by their Ordinance of the twenty three of August 1645. Booke Declaration 2 Part, Folio 715. 716. yea in the last recited Ordinance, the Parliament ordaines, that the said Booke of Common-Prayer should not remaine or be henceforth used in any Church, Chappel, or place of publick Worship within the Kingdom of England and Dominion of Wales, and that the Directory for publick Worship should be from thenceforth used, pursued and observed; And is further ordained there;

That if any Person or Persons whatsoever, shall at any time or times hereafter use, or cause the aforesaid Book of Common-Prayer to be used, in any Church, Chappell, or in any other publick place of Worship, or in any other private place or Family whatsoever within the Kingdome of England, and Dominion of Wales, that then every shall Person offending therein, shall for the first offence forfit the sum of 5. l. for the second offence the sum of ten pound, and for the third offence, shall suffer one whole yeares imprisonment, without baile or mainprise.

And is it there further ordained, that all Common-Prayer Bookes remaining in Churches or Chappells, shall within a moneth after the pulishing of this Ordinance, be by the Church-Wardens, &c. under the penalty of forty shilling carried unto the Committes of the respective Countries, where they shall be found, to be disposed of as the Parliament shall direct.

And besides the Parliament by Order and Ordinance, hath not as yet to this day appointed any punishment at all, for men that doe not come to their parish Churches or Chappels to heare sermons, or the Directory, or that meet in privat houses, commonly called Convinticles: Therefore though I stay seven yeares from Church, and constantly meet in private houses, there is by the Parliaments principalls neither Law nor Ordinance in force for any Judge or Justices of the Peace to indict me or any other, or any otherwise to molest or trouble me.

And as for the Ordinance of the 26 of April 1645 and the Order of the House of Commons, the 31 of December 1646 they onely declare they dislike and their intentions to proceed against all such persons as shall take upon them to preach, or expound the Scriptures in any Church or Chappell, or any other publike place, except they &illegible; ordained either here, or in some other reformed Churches, &c. but it saith not a word to any of those that heare them, or any that comes not to their parish Churches but meet in privat houses, neither doth it authorise any Judges, Justices of peace, or any other persons whatsoever, to punish those unordained preaching persons, but reserves the power of punishment to themselves, without declaring as yet what it is.

And yet notwithstanding all this, That all men that use the Common-Prayer, are &illegible; to the punishments before recited, multitudes of honest, godly consciencious persons well-affected men to the Parliament, & who have ventred al they have for its preservation, are continually indicted and punished by the Parliaments Judges and Justices of peace, for not comming to there Parish Churches to heare common prayer, for there are no other Statutes to authorise them to punish any for not comming to their parish Churches, but those very Common prayer Statutes, O brave Parliament Justice, what is this else but perfect imaging or playing at Hocus poesis?

Sir, I beseech you let me aske you this question, if an Ordinance of Parliament be not as strongly valievd, and as forciable to take away a Law, as contrary to the Law, to create and impower a Judge or Justice to execute a Law in force? and whether or no, that Judge that is made by Ordinance of Parliament be not an absolute Murtherer, and a Contemner of the Parliaments authoritie. (in the opinion of all that hold the present Parliaments principalls,) if he shall take away a mans life, or otherwise punish him for transgressing of a Law, which the Parliament by Ordinance hath taken away, and said a sever penalty upon any man that shall obscrue or doe the thing injoyned and commanded by that Law? & how can a Judge in truth and righteousnesse sweare to execute the Law when &illegible; &illegible; &illegible; &illegible; power in him, but is made by a power opposet to the Law, see the 27. Hen. 8. 24.

In the second place by the Statutes of 1 Edw. 6 chap. 12. &. 39. Eliz. chap. 15. the stealing of Horses, Geldings, or Mares, and the fellonous taking away in the day time (as well as the night,) of any money, goods, or &illegible; being of the value of five shillings, or upwards, in any dwelling house or houses, or any part thereof, or any out-house or out-houses belonging, and used to, &illegible; with any dwelling house or houses, although no person shall be in the said house or out-houses, at the time of such fellonie committed, shall to both cases loose the benifit of their Clergy, and die without Mercy.

And yet the present Parliament gives authority to divers persons; to doe both the forementioned things, that is to say, to take horses and goods away by force, against the wills and minds of the Owners, and that before they be legally convicted, of any crime, which although they sweare to maintaine the Law, yet this is absolutly against the Law, as Sir Edward Cooke there owne magnified author in his third part institutes chapter 103. folio 228. declares, which Booke is published by their own authority and command, and he there expressely saith, that regularly the goods &c. of any Delinquent cannot be taken and seized to the Kings use, before the same be sofited.

Secondly, the same cannot be inventoried, and the Towne charged therewith before the Owner be indicted of record.

And amongst other authorities, as Britton, Fleta, Bracton, &c. which he there makes use of, he sites the 1 Richard the third chapter 3. by which it is inacted and declared that neither Shriffe Escheater Bayliffe of franchise, or any other person take or seize the goods of any person arrested, or imprisoned for suspiton of fellony, before he be convicted or attaint of the fellony, according to the lawes of England, or before the goods be other wise lawfully forfeited upon paine to forfit double the value of the goods so taken to the party grieved.

From which and the other Authorities he there makes use of, he saith these two conclusions are manifestly proved.

First, that before indictment, the goods or other things of any Offender cannot be searched, inventored, or in any sort seized, nor after indictment seized, and removed, or taken away before conviction or attainder.

Secondly, that the begging of the goods or state of any Delinquent accused or indicted of any treason, fellony, or any other offence, before he be convicted and attainted, is utterly unlawfull, because before conviction and attainder, as hath been said, nothing is forfeited to the King, nor grantable by him: And besides it either maketh the prosecution against the Delinquent more principitate, violent, and undue, then the quiet and eqaall Proceeding of the Law and Justice would permit, or else by some under-hand compossition and agreement stop or binder the due course of Justice, for examplary Punishment of the Offender.

And lastly, (saith he) when the Delinquent is begged, it dischargeth both Judge, &illegible; and witnesse, to doe their duty.

And yet for all this, many times the Souldiers imployed by the Commanders of the Parliaments presents warre, are commanded and inioyned be their Commanders authorised thereunto by authoritie derived from the Parliament, to take away Horses goods, &c. for the supporttation and preservation of the present forces, which it may be at that time were in great necessitie and danger, and the souldiers refusing in that particuler to obey his or there Commander might by the Articles of Warre made by Ordinance of Parliament hazard his life, yea and it may be actually hanged first, yet poore men when the Parliament have served their turnes of him or them, to pay him his Arreares, for all his hazards and dangers, &illegible; is by their Judges and Ministers (made be the Parliament it selfe) for the very fore-mentioned actions done in obedience to their commands, arraigned, indicted, and hanged as a fellon therefore; see the Marginall Notes of the second Apology of Sir Thomas Fairfax’s Souldiers, (this is just as the builders of Noa’s Arke were served) for (or after) their making it: Oh admirable Parliamentary Justice! worthy for their praise to be recorded to future Generations, as an everlasting memoriall of their unpresidented justice and gratitude; and yet if any particular man of the Parliament, or any of their vermine Catchpoles, have a spleen at a man, it is easie for him to get a Warrant from the Chaire-man of some particular private Committee, to go and search such a mans house that never professed enmity against the just proceedings of Parliament, and breake open his doors, and take away (at their pleasure) so many or much of his proper goods, as they please; Oh pure Justice! without spot or blemish!

Nay, any of their Catchpole Rogues or Caterpillars can forceably enter any freemans house, when &illegible; is in it, and load away divers Porters with his proper goods, and that without the seeming Authority of any Law or Statute, Order, or Ordinance of Parliament, nay without the Warrant of any private Committee, though in Law such a Committees Order is not worth one straw; &illegible; and when this is complained of to a Committee of Parliament, not one &illegible; of justice can be had for it: And truly Sir, besides other instances of this, I will onely aver it to be lately my owne, for one of M. Corbets and Justice Whitakers Catchpoles (Whitaker the Bookseller in Pauls Church-yard London) did the very forementioned thing to me, of which I complained at my last being before a Committee of your House, but could not have one &illegible; of Justice, though I pressed it hard; see the relation of it in print, called The resolved mans Resolution, pag. 12. 13.

Sir, I pray, is not this unspotted Iustice? and yet, is it not as good as the generality of that which now &illegible; flowes from both Houses?

In the third place, by the Statute of the &illegible; Eliz. Chap. 2. it is inacted that all and every Jesuites, Seminary Priests, and other Priests whatsoever (marke the word whatsoever) made and ordained out of the Realme of England, or other her rightnesse Dominions, or within any of her Majesties Realmes, or Dominions, marke well the word within, by any Authority, Power or Jurisdiction, derived, challenged, or pretended from the See of Rome since the first yeare of her Reigne, shall within forty daies after the end of that Session of Parliament, depart out of the Kingdome, &c.

And be it further enacted, That it shall not be lawfull to or for any &illegible; Seminary Priest, or other such Priest, Deavon, or religions or &illegible; person whatsoever, being borne within this Realme, or any other her highnesse Dominions, and heretofore since the said Feast of the nativity of S. John Baptist, in the first yeare of her Majesties Reigne, made, ordained, or professed or hereafter (marke the word hereafter) to be made, ordained, or professed by any Authority, or Jurisdiction, derived, challenged or pretended from the See of Rome, by or of what name, title or degree soever the same shall be called or known, to come into, be or remaine in anie part of this Realm, &c. (mark the last sentence well) after the end of forty daies, otherwise then in such speciall cases, and upon such speciall occasions onely, and for such time only as is expressed in this Act: and if he doe, that then every such offence shall be taken and adjudged to be high Treason, and every person so offending, shall for his offence be judged a Traytor, and shall suffer losse, and forfeit as in case of high Treason.

And it is there further enacted, That whosoever shall wittingly or willingly receive, relieve, comfort, aid or maintaine any such person before-mentioned, being at liberty out of prison, knowing him to be such as before is expressed, shall also for such offence be adjudged a fellon, without benefit of Clergie, and suffer death, lose and forfeits, as in case of one attainted of Fellony.

And this Parliament hath made a solemne League and Covenant, and voted, that no man shall sit in Parliament without taking it, nor no man beare any Office without taking it, and you have voted, and in severall places made the Freemen of England uncapable to give a voice to choose an Officer, if they will not take it; in the second Article of which unjust, unrighteous and wicked contradicting Covenant, all those that take it, sweare to extirpate Popery, 1 part Book Decl. fol. 425. and yet notwithstanding the Judges and Justices of peace made by the present Parliament, force the Freemen of England against their wills and minds, and the Allegation of the fore-mentioned Law and Covenant, to pay Tythes (the root and support of Popery) to a generation of new upstart Romish Priests, (or Synodian Sion Colledge Jure divino men) that have no other Authority and Power to stand by in their function of Presbyterie, but what they challenge and derive from Rome, having alreadie avowedly in print renounced and scorned any Jurisdiction, either from the Parliament, or the people of their Parishes, by vertue of which their owne avowed claime, they are ipso facto, within the lash and reach of the fore-mentioned Statute, and may be any Freeman of England be indicted at the Assizes or Sessions, for Traytors, and ought without mercy (by the strength of that Law) to suffer as Traytors; and all those that pay Tythes or otherwise maintaine them, after they know they have renounced the deriving of their Power and Jurisdiction from the Parliament, and challenge it Jure divino, derivitive from the Pope, may be indicted as Fellons, and ought to die as Fellons.

Now Sir, is it not a piece of gallant justice in the Parliaments Judges, Justices, and illegall Committee-men? to put freemens persons in prison without Baile or Maineprize, and to plunder (and I think I may say rob) divers of them of their goods and cattels, for refusing to support Popery (after they have sworne to extirpate it) by paying of Tythes to a company of Popish Presbyterian Priests, that scorne to derive any power from the people of their Parishes, and have already publikely and avowedly renounced the Parliaments Power and Authority, and doe actually and really claime and assume unto themselves an Ecclesiasticall or Clergie Authority derivitive from Rome.

Fourthly the Law of England hath provided an universall remedy, for all the men of England to recover their debts by, from those that are indebted to them, the benefit of which Law, the present Parliament both doe and will injoy, and at their pleasure will sue anie freeman in England that is not one of themselves, but are so fortified with their big swolne priviledges, that no man shall dare to meddle either with their persons or estates, though they owe never so much, and yet divers of them will neither (of themselves) pay use nor principall, although originally the exemption of their persons from Arrests be not a priviledge given them for themselves in reference to their particulars, but for the good of the Kingdome and People that choose them, that so by the malice of any prerogative man, or enemy to the just Libertie of the Commons of England, they might not by malicious Arrests be molested, troubled diverted or hindered, for doing their Countrey faithfull service in the place they had chosen them unto: But when this priviledge was first given them, (which in its selfe is just in its institution, though now by the present Parliament-men abused in its execution, it remained in them but for certaine weeks, for then Parliaments were very short, being by the ancient and just unrepealed Law of the Land, to be chosen once every year or oftner if need required, 4. E. 3. 14. & 36. E. 3. 10. it being impossible to be conceived that ever they thought then, that any Parliament in England should remaine seven years to the cheating, cozening, and devouring of particular multitudes of men of their particular debts, which now are likely by some Parliament-men, to be so long owing them, that they will not be claimable or recoverable by Law, when this Parliament is ended, which by its long sitting is, and is more evidently like to be the greatest subversion of Englands Lawes, Liberties, and Freedomes, of any thing that ever was done in England: King Charles his seventeen years mis-government before this Parliament (as you in your Declarations call it) was but a flea-biting, or as a mouldhill to a mountain, in comparison of what this everlasting Parliament already is, and will be to the whole Kingdome, and therefore I say, and will maintaine it upon the losse of my life, that the Commons of England may bid adieu to their Lawes, Liberties, Freedomes, Trades and Properties, unlesse they speedily take a course for the electing of a new Parliament, for the Members of this Parliament (many of them to my knowledge) judge themselves subiect to no rule, nor to be governed by any law, but say, that they are above Magna Charta, and the most excellent Petition of Right, and may abolish them, although there be divers things in them so founded upon the principles of pure reason, (which by the fundamentall Maximes of the Law are unalterable, Doctor and Student, Ch. 2. fol. 4, 5. see Innocency and truth justified, p. 62.) and the Morall Law of God, that it is impossible for any power whatsoever to abolish them, that is not greater then God, or hath not derived a just power from him to dispence with his unchangeable Lawes, one of which is, That Justice shall never be sold. nor impartially administred, which is with other most excellent, rationall and unalterable things ratified expressely, in the 29. Ch. of Magna Charta, besides all therest of most excellent things in those two Lawes confirmed, many of which are of universall concernment to all the sons of men, under any just Government in the world: and as for those things contained in them, that are rationally in processe of time upon just experimentall grounds alterable, and changeable, if you will give us better in their places, doe when you will, without the doing of which by your own grounds and principles, you cannot justly change them, being impowered and chosen by us to provide for our weale, but not for our woe, to provide for our better being, but not for our worse being. 1 part Book Dec. p. 150.

Againe, fifthly, the Law of England hath provided, That whosoever breaks the peace shall be punished, or whosoever layes violent hands upon a man, and if any man doe it to a Parliament-man he will trounce him for it, but they themselves can breake the peace, and lay violent hands without cause upon the Freemen of England, and then make what lying reports to the House they please, and get their bodies committed to prison, and that without hearing them, and all this did M. Hollis and Sir Walter Earl the other day to Major Tuliday.

Againe, sixthly, you your selves have declared, that you have received Petitions for the removall of things established by Law, and (say you) we must say, that all that know what belongeth to the course and practice of Parliament will say, that we ought so to doe, and that our Predecessors 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 aggrieved by them can seeke redresse; 1 part Book Dec. p. 720. Yea, and in severall of your Declarations you have defended and maintained, that the concourse of people at Westminster to deliver and waite for answer to their Petitions is both just and lawfull, 1 part Booke Dec. p. 123. 201. 209.

And yet now of late you are growne to that passe, that you reject and will not receive Petitions if they crosse your humours, although they be for nothing but the obtaining Justice, according to the just and unrepealed long practised Law of England, and this was the case of the honest Buckinghamshire and Hartfordshire men in their late Petition: see the scond Edition of the Outcries of oppressed Commons, p. 9, 10, 11, 12.

Yea, and when divers honest Citizens of London, and as firme friends to you in the day of your straits as any was in England, were about a Petition for the redresse of divers things amisse, and the establishment of their just Lawes and Liberties, for which divers of them by your command, have freely ventured their lives: the Petition by one of your informing Catchpoles, was stollen out of M. Thomas Lamb’s house, and by M. Glyn Recorder of London, and one of your owne Members brought into your House, and there in a great heat voted (as I am informed) a seditious paper, which whether it be so or no, let the world judge by the &illegible; of it, which thus followeth.

To the right honourable and supreme Authority of this Nation, the Commons in Parliament assembled.

The humble Petition of many thousands, carnestly desiring the glory of God, the freedome of the Common-wealth, and the peace of all men.

Sheweth,

THat as no Civill Government is more just in the constitution, then that of Parliaments, having its foundation in the free choice of the people; and as the end of all Government is the safetie and freedome of the governed, even to the people of this Nation in all times have manifested most heartie affections into Parliaments as the most proper remedie of their grievances; yet such hath been the wicked policies of those who from time to time have endeavoured to bring this Nation into bondage; that they have in all times either by the disase or abuse of Parliaments deprived the people of their hopes: For testimony thereof the late times foregoing this Parliament will sadly witnesse, when it was not onely made a crime to mention a Parliament, but either the pretended negative voice, (the most destractive to freedome) or a speedie dissolution, blasted the fruit and benefit thereof, whilst the whole Land was overspread with all kinds of oppressions and tyranny, extending both to soule and body, and that in so rooted and setled a way, that the complaints of the people in generall witnessed that they would have given any thing in the world for one six moneths freedome of Parliament. Which hath been since evidenced in their instant & constant readinesse of assistance to this present Parliament, exceeding the Records of former ages, and wherein God hath blessed them with their first desires, making this Parliament the most absolute and free of any Parliament that ever was and enabling it with power sufficient to deliver the whole Nation from all kinds of oppressions and grievances, though of very long continuance, and to make in the most absolute and free Nation in the world.

And it is most thankfully acknowledged that ye have in order to the freedom of the people suppressed the high Commission, Star-Chamber, and Councell-Table, called home the banished, delivered such as were imprisoned for matters of conscience, and brought some Delinquents to deserved punishment. That ye have suppressed the Bishops and Popish Lords, abolished Episcopacy, and that kind of Prelatick persecuting government. That ye have taken away Ship-money and all the new illegall Patents, whereby the hearts of all the well-affected were enlarged and filled with a confident hope, that they should have seen long ere this a compleat removall of all grievances, and the whole people delivered from all oppressions over soule or body: But such is our miserie that after the expence of so much precious time, of blood and treasure, and the ruine of so many thousands of honest families in recovering our Liberties, we still find this Nation oppressed with grievances of the same destructive nature as formerly, though under other notions; and which are so much the more grievous unto us, because they are inflicted in the very time of this present Parliament, under God the hope of the oppressed. For, as then all the men and women in England were made liable to the summons, attatchments, sentences, and imprisonments of the Lords of the Councell-boord, so we find by wofull experience and sufferings of many particular persons, that the present Lords doe assume and exercise the same power, then which nothing is, or can be more repugnant and destructive to the Commons just liberties.

As then the unjust power of Star-Chamber was exercised in compelling of men and women to answer to Interrogatories tending to accuse themselves anothers; so is the same now frequently practiced upon divers persons, even your cordiall friends that have been, and still are punished for refusing to answer to questions against themselves, and nearest relations. As then the great oppression of the high Commission was most evident in molesting of godly peaceable people, for non-conformity, or different opinion and practice in Religion, judging all who were contrary-minded to themselves, to bee Hereticks, Sectaries, Schismaticks, seditious, factious, enemies to the State, and the like; and under great penalties forbidding all persons, not licenced by them, to preach or publish the Gospel: Even so now at this day, the very same, if not greater molestations, are set on foot, and violently prosecuted by the instigation of a Clergy no more infallible then the former, to the extreame discouragement and affliction of many thousands of your faithfull adherents, who are not satisfied that controversies in Religion, can be trusted to the compulsive regulation of any: And after the Bishops were suppressed, did hope never to have seen such a power assumed by any in this Nation any more.

And although all new illegall Patents are by you abolished, yet the oppressive Monopoly of Merchant-adventurers, and others, do still remain to the great abridgement of the liberties of the people, and to the extreme prejudice of all such industrious people as depend on cloathing, or other woollen manufacture, (it being the Staple commodity of this Nation,) and to the great discouragement and disadvantage of all sorts of Tradesmen, Sea-faring-men, and hindrance of Shipping and Navigation. Also the old tedious and chargable way of deciding controversies, or suits in Law, is continued to this day, to the extreme vexation and utter undoing of multitudes of Families; a grievance as great and as palpable as any in the world. Likewise, that old, but most unequall punishment of malefactors, is still continued, whereby mens lives and liberties are as liable to the law, and corporall pains as much inflicted for small as for great offences, and that most unjustly upon the restimony of one witnesse, contrary both to the law of God, and common equity, a grievance very great, but litle regarded. Also tythes, and other enforced maintenance are still continued, though there be no ground for either under the Gospel; and though the same have occasioned multitudes of suites, quarrels and debates, both in former and latter times. In like maner, multitudes of poore distressed prisoners for debt, ly still unregarded, in a most miserable and wofull condition throughout the Land, to the great reproach of this Nation. Likewise Prison-Keepers, or Goalers, are as presumptuous as ever they were, both in receiving and detaining of Prisoners illegally committed, as cruell and inhumane to all, especially to such as are well-affected, as oppressive and extorting in their Fees, and are attended with under-officers, of such vile and unchristian demeanour, as is most abominable. Also thousands of men and women are still (as formerly) permitted to live in beggery and wickednesse all their life long, and to breed their children to the same idle and vitious course of life, and no effectual meanes used to reclaim either, or to reduce them to any vertue or industry.

And last, is those who found themselves aggrieved formerly at the burdens & oppressions of those times, that did not conform to the Church-government then established, refused to pay Ship-money, or yeeld obedience to unjust Patents, were reviled and reproached with nicknames of Puritans, Hereticks, Schismaticks, Sectaries, or were tearmed factious or seditious, men of turbulent spirits, despisers of government, and disturbers of the publike peace; even so is it at this day in all respects, with those who shew any sensibility of the fore-recited grievances, or more in any manner or measure for remedy thereof, all the reproaches, evills, and mischiefs that can be devised, are thought too few or too little to bee laid upon them, as Roundheads, Sectaries, Independents, Hereticks, Schismaticks, factious, seditious, rebellious disturbers of the publike peace, destroyers of all civill relation, and subordinations; yea, and beyond what was formerly, non-conformity is now judged a sufficient cause to disable any person though of known fidelity, from bearing any Office of trust in the Common-wealth, whilest Neuters, Malignants, and dis-affected are admitted and continued. And though it be not now made a crime to mention a Parliament, yet is it little lesse to mention the supreme power of this honourable House. So that in all these respects, this Nation remaineth in a very sad and disconsolate condition; and the more, because it is thus with us after so long a session of so powerfull and so free a Parliament, and which hath been so made and maintained, by the aboundant love and liberall effusion of the blood of the people. And therefore knowing no danger nor thraldome like unto our being left in this most sad condition by this Parliament, and observing that ye are now drawing the great and weighty affaires of this Nation to some kind of conclusion, and fearing that ye may ere long bee obstructed by somthing equally evill to a negative voice, and that ye may be induced to lay by that strength, which (under God) hath hitherto made you powerfull to all good workes: whilest we have yet time to hope, and yee power to help, and least by our silence we might be guilty of that ruine and slavery, which without your speedy help is like to fall upon us, your selves and the whole Nation; we have presumed to spread our cause thus plainely and largely before you: And do most earnestly entreat, that ye will stir up your affections to a zealous love and tender regard of the people, who have chosen and trusted you, and that ye will seriously consider, that the end of their trust, was freedome and deliverance from all kind of temporall grievances and oppressions.

1. And that therefore in the first place, ye will bee exceeding carefull to preserve your just authority from all prejudices of a negative voice in any person or persons whomsoever, which may disable you from making that happy return unto the people which they justly expect, and that ye will not be induced to lay by your strength, untill ye have satisfied your understandings in the undoubted security of your selves, and of those who have voluntarily and faithfully adhered unto you in all your extremities; and untill yee have secured and setled the Common-wealth in solid peace and true freedome, which is the end of the primitive institution of all governments.

2. That ye will take off all Sentences, Fines and Imprisonments imposed on Commoners, by any whomsoever, without due course of Law, or judgement of their equalls: and to give due reparations to all those who have been so injuriously dealt withall, and for preventing the like for the time to come, that yee will enact all such Arbitrary proceedings to bee capitall crimes.

3. That ye will permit no authority whatsoever, to compell any person or persons to answer to questions against themselves, or nearest relations, except in cases of private interest between party and party in a legall way, and to release all such as suffer by imprisonment, or otherwise for refusing to answer to such Interrogatories.

4. That all Statutes, Oathes and Covenants may be repealed so farre as they tend, or may be construed to the molestation and ensnaring of religious, peaceable, well-affected people, for non-conformity, or different opinion or practice in Religion.

5. That no man for preaching or publishing his opinion in Religion in a peaceable way, may be punished or persecuted as hereticall, by Judges that are not infallible, but may be mistaken (as well as other men) in their judgements, least upon pretence of suppressing Errors, Sects or Schisms, the most necessary truths, and sincere professors thereof may be suppressed, as upon the like pretence it hath been in all ages.

6. That ye will, for the encouragement of industrious people, dissolve that old oppressive Company of Merchant-Adventurers, and the like, and prevent all such others by great penalties for ever.

7. That yee will settle a just, speedy, plaine and unburthensome way, for deciding of controversies and suits in Law, and reduce all Lawes to the nearest agreement with Christianity, and publish them in the English Tongue, and that all processes and proceedings therein may be true and also in English, and in the most usuall Character of writing, without any abreviations, that each one who can read, may the better understand their owne affaires; and that the duty of all Judges, Officers, and practicers in the Law, and of all Magistrates and Officers in the Common-wealth may be prescribed, and their fees limited understrict penalties, and published in print to the view and knowledge of all men: by which just and equitable meanes, this Nation shall be for ever freed of an oppression more burthensome and troublesome then all the oppressions hitherto by this Parliament removed.

8. That the life of no person may be taken away, under the testimony of two witnesses at least, of honest conversation; and that in an equitable way ye will proportion punishments to offences, that so no mans life may be taken, his body punished, nor his estate forfeited, but upon such weighty and considerable causes as justly deserve such punishments; and that all prisoners may have a speedy tryall, that they be neither starved, nor their families ruined, by long and lingring imprisonment; and that imprisonment may be used onely for safe custody untill time of triall, and not as a punishment for offences.

9. That tythes and all other enforced maintenance, may be for ever abolished, and nothing in place thereof imposed; but that all Ministers may be paid onely by those who voluntarily contribute to them, or chuse them, and contract with them for their labours.

10. That ye will take some speedy and effectuall course to relieve all such prisoners for debt, as are altogether unable to pay, that they may not perish in prison through the hard-heartednesse of their Creditors; and that all such as have any estates, may bee inforced to make paiment accordingly, and not to shelter themselves in prison to defraud their Creditors.

11. That none may be Prison-keepers, but such as are of approved honestie, and that they may be prohibited under great penalties to receive or detaine any person or persons without lawfull warrant: That their usage of prisoners may be with gentlenesse and civility, their fees moderate and certain, and that they may give security for the good behaviour of their under-Officers.

12. That ye will provide some powerfull meanes to keep men, women, and children from begging and wickednesse, that this Nation may be no longer a shame to Christianity therein.

13. That ye will restraine and discountenance the malice and impudency of impious persons, in their reviling and reproaching the well-affected, with the ignominious titles of Round-heads, factious, seditious and the like, whereby your reall friends have been a long time, and still are exceedingly wronged, discouraged, and made obnoxious to rude and prophane people, and that ye wil not exclude any of approved fidelity from bearing office of trust in the Common-wealth for non-conformity; but rather Neuters and such as manifest disaffection or opposition to common freedome, the admission and continuation of such being the chief cause of all these our grievances.

These remedies, or what other shall seem more effectuall to your grave wisdomes, we humbly pray may be speedily applied, and that in doing thereof, ye will be confident of the assistance of your Petitioners, and of all considerate well-minded people, to the uttermost of their best abilities, against all opposition whatsoever, looking upon our selves as more concerned now at last to make a good end, then at the first to have made a good beginning: For what shall it profit us, or what remedy can we expect, if now after so great troubles and miseries this Nation should be left by this Parliament in so great a thraldome, both of body, mind, and estate?

We beseech you therefore, that with all your might whilest he have time, freedome and power, so effectually to fulfill the true end of Parliaments in delivering this Nation from these and all other grievances, that none may presume or dare to introduce the like forever.

And we trust, the God of your good successe, will manifest the integrity of our intentions herein, and that our humble desires are such, as tend not onely to our owne particular, but to the generall good of the Common-wealth, and proper for this Honourable House to grant, without which this Nation cannot be safe, or happy: And that he will blesse you with true Christian fortitude, suitable to the trust and greatnesse of the worke yee have undertaken, and make the memory of this Parliament blessed to all succeeding Generations.

Shall ever be the servent desire o your humble Petitioners.

And the Prerogative-men of London, which are ready to be Associates with you in inslaving the people, petition against it, and had thanks returned to them for it; and M. Lamb sent up for to a Committee as a Delinquent, and divers hundreds of his Fellow-petitioners came up with him, with a Certificate to avow the Petition, which was as followeth.

To the honourable the Committee of Parliament sitting in the Queens Court at Westminster, Colonell Lee being Chaire-man,

The humble Certificate of divers persons here present interested in, and avouching the Petition lately referred to this Committee by the right honourable the House of Humbly certifying,

Commons:

THat the Petition entituled, The humble Petition of many thousands earnestly desiring the glory of God, the freedome of the Common-wealth, and the peace of all men; and directed to the right honourable and supreme Authority of this Nation, the Commons in Parliament assembled, Is no scandalous or seditious Paper, as hath been unjustly suggested, but a reall Petition, subscribed, and to be subscribed by none but constant cordiall friends to Parliament and Common-wealth, and to be presented to that honourable House with all possible speed, as an especiall meanes to procure the universall good of this long inthralled and distracted Nation. And we trust this honourable Committee will in no measure dishearten the People from presenting their humble considerations, reasons, and petitions to those whom they have chosen, (there being no other due and legall way wherein those that are aggrieved can find redresse*) but rather that you will be pleased to give all incouragement therein: In assured hope whereof we shall pray, &c.

But the Citizens with their Certificate could not be permitted to deliver it, but were with violence thrust out of the Committee-Chamber, and a Guard called for to set them packing with a vengeance: and being below in the Court of Requests, some of them desired M. Nicolas Tew audibly to read the Certificate to the whole company, that so all of them might fully understand it; for which action he was by the said Committee (without any authority at all then from the House) committed prisoner to the Serjeant at Armes, where to this day hee remaines; a most unjust and illegall action, and tending to the utter destruction of the greatly impoverished man, by his often late and most illegall and unjust vexatious imprisonments, first, by the House of Lords to the Fleet, secondly, he was most illegally by the present Lord Mayor of London, fetched out of his shop and committed to Newgate, for having had in his custody one of the Petitions promoted by the Citizens of London: and now thirdly, most illegally committed by M. Hollis, and the rest of his arbitrary and tyrannicall Committee, who had not the least power either by Law or from the House so to doe it.

And when the said Committee rise, the said Citizens by M. Denzill Hollis Sir Philip Stapleton, Sir Walter Earle, and reverend Sir Samuel Luke, with other of their right worthy comrades, the planters of tyranny, injustice and oppression, were abused and called by some of them rogues, villains, seditious, factious fellowes, and violent hands laid upon them, offering to beat and cane them, and to draw their swords upon them, and haled and pulled some of them to make them prisoners by the law of their owne will, and then the fore-mentioned Members of the House made a most false, unjust and untrue report the next day unto the House of the said Citizens carriage, and particularly of Major Tulidah by meanes of which the House of Commons outstripped the Pagan Judges of Paul in injustice, Act. 25. 17. and past a vote to commit or condemne Major Tulidah to prison, without hearing or examining any witnesses against him, or so much as hearing him to speake one word for himselfe, although he waited then at the door of purpose expecting to be called in to speake for himselfe, which was not affoorded unto him, (his fore-mentioned adversaries being both Informers, Jurors and Judges) but without any more adoe clapt by the heels.

Which act of the House of Commons is an act of so much basenesse and injustice, that the very Heathen and Pagan Romanes will rise up in judgement against these imaginary pretended Christians, who by the single light of nature were able to answer Pauls adversaries, when they would unjustly have had judgement against him, that it is not the manner (or Law) of the Romanes (then Infidells, Pagans, and Hearthens,) to deliver any man to die, before that he which is accused, have the accusers face to face, and have license to answer for himself concerning the crime laid against him, Act. 25. 17.

But Major Tulidah being in prison as well as M. Nicholas Tue, their fore-said friends and fellow-Citizens the next day framed a Petition to the House of Commons.

Upon the reading of which Petition, M. Denzill Hollis, and Sir Philip Stapleton, knowing their owne guilt and how basely and unworthily they had abused not onely the said Major Tulidah and his friends, but also the House, in telling and reporting unto them such lies and falshoods of them as they themselves had done, they themselves being the truly guilty persons, and knowing very well that if Major Tulidah, &c. had comed to the Bar, as both he and his friends desired, their basenesse, lies, and falshoods, would have been laid open to their faces before the whole House: to prevent which they themselves became and were the principall instruments at the hands of the House to get him his liberty, although themselves were the principall instruments to get the House to clap him by the heels, yea and have set their agents and instruments also upon honest M. Tue, to get him to frame a few lines by way of Petition to the House for his liberty, which he absolutely refusing, to this very day remaines in the messengers hands a prisoner at Westminster, to the apparent ruine and destruction of the poore man, contrary to all Law and Justice, there being no colour of law or justice for his first commitment, and as little law for the continuation of it; which clearly appeares by the Speakers arbitrary and tyrannicall Warrant, which thus followeth.

BY vertue of an Order of the House of Commons, these are to require you, that Nicholas Tue now in your custody, be continued in safe custody untill the pleasure of the House be &illegible; to you to the contrary: And for so doing this shall be your Warrent.

William Lenthall, Speaker.

To Edward Birkhead Esquire, Serjeant
and Armes attending the House of Commons.

I do nominate and appoint George Brag, and Henry Radley, Gentlemen, to be my lawfull Deputies, for the due execution of this Warrant, dated the 19. of March, 1646.

Edward Birkhead Serjeant at Armes.

I pray Sir, be judge your selfe, whether this Warrant of M. Speakers be not absolutely point-blank against the Law, (which you have all sworne to maintaine) and against the very words of the most excellent Petition of right, made in the third yeare of the present King, which expressely requires, that in all commitments, the cause of the commitment shall be expressed, which is not in this, and so poor M. Tue is deprived of his legall and hereditary priviledge, to seek at Kings-Bench Barre, &c. for a habies corpus, and the rather because this tyrannicall warrant hath no legall conclusion as it ought to have, viz. and him safely to keep untill he be delivered by due course of Law, as Sir Edward Cook your owne learned Oracle of the Law declares in his 2. part of Institutes fol. 52. which is printed by your own special order, and yet by your House (or at least your Speaker) who ought to bee the Conservators of the Law, and severe punishers of the violators of it, poor M. Tue must be without the least shadow of cause disfranchised, spoyled and robbed of the benefit of the Law, and must by your wills remaine in prison till it be the pleasure of your House to do justice, which I am confident in the way you goe, and have lately gone, must be till doomes-day in the afternoone, for I am sure, you have lost the very soule, essence, and being of true Magistracie, which is to doe justice, judgement, and right, and to relieve the afflicted, the helplesse, fatherlesse, and widdow, and to let the oppressed goe free; and are I will maintaine, degenerated into the notoriousest packe of Tyrants that ever in the world were assembled together since Adams creation, that professed Humanity, Morality, and Christianity, minding visibly nothing in the world, but pleasure, oppression, tyranny, cheating and cousening the whole Kingdome of its treasure and revenue, trades, lives, bloods, liberties, and properties; for which (I protest before the Almighty God) in my judgement, you deserve nothing out to be pulled out by the eares, and throwne out to the dunghill, and be trodden under-foot by all men that have but the least sparks of justice, honor, conscience or honesty in them, & I profess I cannot fully acquit one man of you that sits there, being all of you (in the eye of both law and reason) Accessaries into the Principals, by your base, silent, tame and patient sitting there, and not protesting against their Actions professedly and publikely to the whole Kingdome, Acts 7. 58. compared with Chapter 8. 1, & Ch. 22. 24. where Paul positively accuseth himselfe, for being guilty of the murder and blood of righteous Stephen, although wee read not that he either &illegible; an actor in throwing him out of the City, or stoning him, but only that he stood by and see it, but declared nothing against it; therefore say I to you, partake not with them in their evills by continuing with them, but be divided from them, least you partake of their plagues, which must unavoidably, speedily, and powerfully come upon them, to their transcendent and exemplary destruction, if God &illegible; (as undoubtedly he is) a God of righteousnesse, justice, and truth.

But now Sir, seeing that to maintaine the good Lawes of the Land and to abolish the bad ones, and to redresse the mischiefs and grievances that daily happen, 4. E. 3. 14. & 36. E. 3. 10. see The resolved mans Resolution, pag. 19. are &illegible; maine and principal ends wherefore Parliaments are called, and being it is impossible for you the peoples chosen and betrusted Stewards or Commissioners &illegible; know the grievances of the people, your Empowerers, earthly Creators, Lord and Masters, if you take away the liberty of declaring them unto you, which you have done, let me a little demonstrate, whether or no that you, by your late burning their Petitions &c. refusing to hear their grievances, have not positively and visibly declared that you have forfeited your essence and being, & absolutely nullified the end of your sitting, and are from a company of faithfull and carefull Shepheards, appointed to preserve the being and well-being of this poore Common-wealth, become to be a company of devouring Lions and ravening Wolves who deserve to have all the Mastie Doggs in the Kingdome let loose about your eares, to worry and pull you in pieces, and so destroy you, before you have totally wasted and destroyed this poore Kingdome, already in the hie rode way to be destroyed by you.

But to returne to the Citizens Petitions to your House, after they had been so sleighted about their Certificate, by the aforesaid Committee, and so abused by M. Hollis, Sir Philip Stapleton, and Sir Walter Earle, that base coward, that ran away, betrayed, or at least in a groundlesse pannick feare, deserted Dorchester in Dorsetshire, when it was well and plentifully provided with Ammunition, &c. and also so behaved himselfe at Corfe-Castle, that he deserves to bee stiled the chiefe of base, unworthy, and cowardly men; and after that M. Nicholas Tue, and Major Tuliday, was (as is before declared) most unjustly imprisoned, the said honest Citizens presented the House with a Petition, which thus followeth:

To the Right Honourrable, the Commons of ENGLAND assembled in PARLIAMENT.

The humble Petition of divers well-affected Citizens.

Sheweth,

THat as the oppressions of this Nation, in times fore-going this Parliament were so numerous and burthensome, as will never be forgotten; so were the hopes of our deliverance by this Parliament, exceding great and full of confidence, which as they were strenthned by many Acts of yours in the begining, specially towards consciencious people, without respect unto their judgments or opinions; So did the gratitude of well-minded people exceed all president or example, sparing neither estates, limbs, liberties, or lives, to make good the authority of this Honorable House, as the foundation and root of all just freedome.

And although we many times observed to our grief, some proceedings holding resemblance rather with our former bondage, then with that just freedome wee expected: yet did we impute the same to the troublesomenesse of the times of warre, patiently and silently passing them over, as undoubtedly hopeing a perfect remedy so soon as the warres were ended: but perceiving our expectations altogether frustrate, we conceived our selves bound in conscience, and in duty to God, to set before you the generall grievances of the Common-wealth, and the earnest desires of ingenuous well-minded people: and for that did ingage in promoting the Petition in question, in the usuall and approved way of gathering subscriptions, with full intention to present the same to this Honourable House so soon as it should be in readinesse: but as it appeareth, a Copy thereof was unduly obtained, and tendred to this Honourable House under the notion of a dangerous and seditious Paper: Whereupon this House was pleased to order the Petition to the Committee, whereof Col. Lee is Chairman; and Mr. Lambe at whose House it was said to be found, to be there examined concerning the same.

Whereupon your Petitioners conceived it their duty to own and avouch the said Petition, & for that end, in a peaceable manner attended that Committee with this humble Certificate herunto annexed, to be offered to their wisdomes as opportunity should be ministred: but through some small miscarriage of some few persons (for which your Petitioners were much grieved) your Committee took so suddain and high displeasure, as to command your Petioners to withdraw threatning to remove them with a guard, before they had time to turn themselves.

Whereupon your Petitioners caused the Certificate to be publikely read in the Court of Requests, to take the sence and allowance of many persons who had not before seen the same, with intent still to present it; which though endeavoured to the utmost, was absolutely refused to be received, but to our astonishment, occasion was taken against our friend M. Nicholas Tue that read the same, so far, as that he stands a prisoner to that Committee, and much harsh language, with threatnings and provocations issued from some of the Committee, towards some other of our friends purposely (as we verily beleeve) to get some advantage, to represent us odious to this Honorable House, whose persons and authority hath been as deare in our esteeme as our very lives. And therefore, wee have just cause to complaine to this Honorable House,

1. Of unjust usage from those that endeavoured to interrupt the gathering of hands in a peaceable way, or to possesse this Honorable House with evill suggestions concerning the intention and purpose of the said Petition.

2. Of hard measure from your Committee in the particulars fore-mentioned contrary to what we have deserved, or should have found in former times.

3. Neverthelesse, our liberties, to promote Petitions to this Honorable House is so essentiall to our freedome, (our condition without the same being absolute slavery) and our hope of justice from this Honorable House, is so essentiall to our freedome, our condition, without the same being absolute slavery: And our hope of justice from this Honorable House so great, in protecting us therein that we are not discouraged by what hath passed, but in confidence thereof, do humbly intreat,

First, That ye will be pleased to declare our freedome, to promote, and your readinesse to receive the said Petition, which we cannot but still looke upon, as tending to the generall good of this Nation.

Secondly, That our friends may be inlarged and that Ye will discountenance the officiousnesse of such over-busie informers, as have disturbed the iust progresse of that Petition.

We are not ignorant, that we have been, and are like to be represented unto you, as Hereticks, Schismaticks, Sectaries, seditious persons, and Enemies to Civill-government, and the like: but our said Petition is sufficient to stop the mouthes of such calumniators, and declare us to be not only sollicitors for our own particulars, but for the generall good of the Common-wealth, and will minister a just occasion to suspect the designes of those, that so frequently asperseus, though their pretences be never so specious. And we trust your wisedomes will timeously discover and prevent any evill intended against us.

And whereas Major Tuledah stands committed by Order of this Honourable House, for some conceived misbehaviour towards some Members of your said Committee; we humbly intreat, that he may be forthwith called to your Barre, and be permitted to answer for himselfe, and that witnesses may be also heard on his behalfe, which justice could never yet be obtained, that so this honourable House may be rightly and fully informed, concerning his cause and demeanour of those Members, the suddain imprisonment of our friends being very grievous unto us.

And your Petitioners shall pray.

The specified certificate you will read before in pag. 35.

But finding no benefit to themselves by this Petition, although they followed it extraordinary close, and at the doore presented it to all the Members in print, and therefore imediately upon it they frame another, and having got a competent number of hands to it, they presented it in writing, And afterwards in print, to all the Members that would receive it, the true copy of which thus followeth.

TO THE RIGHT HONOVRABLE THE COMMONS OF ENGland assembled in Parliament. The Humble Petition of divers well affected people in and about the City of London.

Sheweth,

THat as the Authority of this Honourable House is intrusted by the people for remedie of their grievances, so hath it been their uncustomed and undoubted liberty in a peaceable manner to present unto this House whatsoever they deemed to be particular or generall grievances: And as ye gave encouragement unto others in the use of this just Liberty, reproving such as endeavour to obstruct the peaceable promoting of Petitions, so did we verily hope to have found the like countenance and protection in promoting our large Petition: but no sooner was the promoting thereof discovered, but Mr. Glin Recorder as is commonly reported, hastily and untimely brought it into the House, exclaiming against it, as a most dangerous and sedition, paper, and shortly after the Common Counsel to like manner prejudged it, as guilty of danger and sedition, though both without any grounds or reasons affixed, that we know of.

And as the worke of Mr. Recorder was the occasion (as we conceive) of an inquiry after the promoters, so also of the hard measure we found at Col. Lieghs Committee, where occasion was suddenly taken to threatten or remove by guard, to imprison Nicholas Tew, one of the Petitioners, the rest being reviled with odious titles of factious and seditious Sectaries and Major Tulidah another of the Petitioners, not only reviled and reproached as the rest, but violently hauled, and most boysterously used by Sir Philip Stapleton, and Col. Hollis, who made offer as if they would draw their Swords upon the Petitioners, and Sir Walter Earle lifting up his Caen in a most threatning manner, took another by the shoulder: all which is ready to be certified by sufficient witnesses, and which we doe verily beleeve was done purposely, out of their hatred to the matter of the Petition, to render us as a turbulent people to this Honourable House, to begit a mislike of our Petition, and to frustrate our endeavours in promoting thereof.

Unto which their misinformation of this honourable house, as we have cause to suspect, may be imputed the occasion of the sudden imprisonment of Major Tulidah without hearing of him, and our so long and redious attendance for answer to our last Petition and Certificate, and the misapprehension of this honourable house of our desires in that Petition: For we did not desire (as your answer importeth) that this house should declare their liking or disliking of our large Petition, being not then promoted nor presented by us, but that you will be pleased to vindicate our Liberty, to promote that Petition, notwithstanding the hard measure we had found, and the aspertious cast upon it, to release the party imprisoned by the Committee, meaning Nicholas Tew, to discountenance those that obstructed the gathering of subscriptions, to call Major Tulidah to your Bar, and to beare witnesses on his behalfe, that so he might be also rightly informed, as of his cause, so of the demeanor of some members of that Committee.

Now for as much as the more we consider the generall grievances of the Common wealth, the greater cause we still find of promoting of the large Petition, as not discerning any thing of danger therein except in some corruptions yet remaining, nor of sedition, except as before this Parliament it be in some mens esteemes seditious to move, though in the most peaceably manner for remedy of the most palpable grievances; and for as much as we are hopefull this Honourable House will in due time have good use thereof, for the discovery of such as are ingaged either directly or by Relations in those corruptions, for removall whereof the Petition is intended, and not knowing for what end so great an effusion of the blood of the people hath been made except to procure at the least the particulars desired in that Petition, and that we might know our selves so same at least to be free men and not slaves, as to be at liberty to promote Petitions in a peaceable way, to be Iudges of the matter thereof, and for our time of presenting them to this Honourable House, without let or circumvention.

We humbly intreat that ye will be pleased

1. To weigh inequall Ballance the carriage of Mr. Recorder, and that of the Common Counsell in this weighty cause of prejuaging Petitions, and to deale with them as the cause deserveth.

2. To consider of how evill consequence it is, for your Committees to to assume a power of imprisoning mens persons, without your Commission, and that ye will not passe over this in this Committee.

3. To receive the Testimonies concerning Sir Philip Stapleton, Col. Hollis, and Sir Walter Earle, and to deale with them according to the ill consequences of their violent demeanour, and misinformation of this Honourable House, tending to no lesse then the obstruction of Petitions the greatest mischiefe that can befall a people in time of Parliament.

4. That Nicholas Tew may be wholly inlarged, and that no man may hence forth be committed by an Arbitrary power, as he at the first was, nor without cause shewed, though by lawfull Authority.

5. That ye will as yet suspend your sense of our Large Petition, untill such time as the Petitioners shall judge it fit to present the same as a Petition unto your wisedomes.

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

But this Petition being against Mr. Hollis, and Sir Philip Stapleton, the Captains and heads of the subverters of our Lawes, liberties, and freedomes, after it was debated, it was, as your Diurnall tells me, upon the 20 of May, 1647. &illegible; 1. To be a high breach of Priviledges. 2. That it was seditious. 3. That this Petition and the former, intituled, The humble Petition of many thousands, &c. should be burnt at the Exchange in Cornewell, and the Pallaceyard at Westminster, Saterday next. Which as I am informed was accordingly done, by the hands of the common hang-man.

Vpon which the petitioners not being willing to be bafled out of their liberties in making known their grievances, (without the injoyment of which they are perfect* slaves) they resolve to attempt a Petition once more, though divers of them rather desired to remonstrate against you to the whole Kingdome, for a company of tyrannicall destroyers, and treacherous betrayers (contrary to your oaths, and the duty of your places) of the Lawes, Liberties, and Freedomes of England. And having discoursed my selfe with some of them, and perceiving they were resolved to petition once again, I told them I conceived they had nothing else to petition for, as things at present stood with your house, but these two things, viz. That seeing the House had voted they had broken their priviledges, by petitioning unto them for redresse of their grievances, without declaring wherein, how, or after what manner, or giving any reasons at all, wherefore they burnt their honest Petition, that therefore they would be pleased forthwith, publiquely and distinctly to declare unto the whole Kingdome, what their priviledges are, and when, how and after what manner they came by them, that so in future time through ignorance, in not knowing their priviledges, they might not run upon the pricks of their indignation, and the Hang-Mans.

2. That they would also be pleased to declare and dictate to them, what, (how and after what manner) they should petition for; the next time they would vouchsafe to give them leave to Petition to them, that so their Petition might not againe be burnt by the hands of the common Hang-man; and I withall told them the house of Commons answer to their last Petition, did necessarily and iustly lead them as it were by the hand, to such a petition as this; but they rejected it, and framed one of their owne, the Copy of which thus followeth.

To the Right Honourable the Commons of England Assembled in Parliament.

The humble Petition of many thousands of well affected People.

Sheweth:

THat having seriously considered what an uncontrouled liberty hath generally been taken, publiquely to reproach, and make odious persons of eminent and constant good affection to Parliament and common wealth, how prevalent indeavours have been, to withhold such from being chosen into places of trust or Counsell, how easie to molest, or get them into prisons, how exceedingly liable to misconstruction, their motions and Petitions in behalfe of the publique have lately been.

When we consider what grudgings and repinings, have sinistrously been begotten, against your most faithfull and successefull Army: what arts and devises, to provoke you against them and to make you jealous of them; what hard measure some of them, both Officers and Soldiers have found in divers respects in sundry places?

When we consider, what change of late hath importunately (though causlessely) been procured of the Committee of Militia in the City of London, and how that new Committee hath already begun to remove from Command, in the Train’d bands and Auxiliaries, persons not to be suspected of disaffection or newerality, but such as have been most zealous, in promoting the safety of Parliament and City.

When we consider how full of Armies our neighbour Countries are round about us, and what threatning of fortain forces, wee are even astonished with griefe as not able to free our selves from apprehension of eminent danger, but are strongly induced to feare some evill intentions of some desperate and wilfull persons, yet powerfully working to blast the just ends of this Parliament, and re-imbroile this late bleeding and much wasted Nation in more violent warres, distempers and miseries.

And as our earnest desires of the quiet and safety of the Common wealth, hath necessitated these our most sad observations: So are we constrained to beleeve, that so dangerous an alteration, could not so generally have appeared, but that there is some great alteration befaine, both in Counsels and authorities throughout the land; which we verily conceive ariseth from no other cause, but from the treacherous policie of enemies, and weaknesse of friends, in chusing such thereinto, as have been unfit for those imployments, some whereof (as is credibly reported) having served the enemie in Armes, some with moneys, horse, ammunition, or by intelligence, some in Commission of Array, some manifesting constant malignity in their actions, speeches, or standing Newters in times of greatest tryall, some culpable of notorious crimes; others lying under heavie accusations, some that are under age, or such who are at present ingaged in such courses as in the beginning of this Parliament were esteemed Monopolies.

Now may it please this honourable House, if such as these should remain, or may have privily crept into our Counsells or Authorities (as by the forecited considerations, we humbly conceive cannot but be judged) what can possibly be expected, by those who have been most active and faithfull in your service, but utter ruine or the worst of bondage.

For prevention whereof, and of those dangers, warres and troubles that are generally seated we are constrained earnestly to intreat.

1. That you will be pleased instantly to appoint a Committee of such worthy members of this honourable House, as have manifested most sincere affections, to the well affected, and to authorize them to make speedy strict inquiris after all such as are possessed of places of Counsell, trust, authority or command, who according to law, Ordinances, Reason or safty, ought not to be admitted: and that all persons without exception may be permitted and incouraged, to bring in accusations, witnesses, or testimonies for the more speedy perfecting of the worke: and that you will forthwith exclude all such out of all offices of counsell, trust Authority or command, against whom sufficient cause shall be proved, without which we cannot see how it is possible for the well affected to live either in peace or safety.

2. That you will countenance, protect, and succour the cordiall well affected in all places, according to their severall cases and conditions, especially in their addresses with petitions.

3. That you will be pleased to condiscend unto all the just and reasonable desires of your Commanders, Officers, and Soldiers, by whose courage and faithfulnesse, so great services have been performed, and severely to punish all such as have any way sought to alienate you from them.

4. That the Militia, of London may be returned to the custody and disposing of those persons of whose faithfullnesse and wisedome in managing thereof, you have had great experience, and that none may be put out of Command in the Trained Bands, or Auxiliaries, who have been and are of known good affection to the Common wealth.

All which we humbly intreat may be speedily and effectually accomplished, according to the great necessity and exigency of these distracted times, and as in duty bound, we shall pray, &c.

And having presented it in writing, a day, two or three after they presented it publiquely in print to the members of the House, the issue of which as I have it out of your own Diurnall was thus.

Die Mercutis 2 Junii. 1647.

A Petition stiled, the humble Petition of many thousands of well affected people, was this day read.

The question being put, whether an answer shall be given to this Petition at this present, the house was devided the year went forth.

Sir John Evelin of Wiles, Sir Michael Levisay tellers for the yea, with the yea, 112.

Mr. Hollis, Sir William Luis, tellers for the no, with the nots 128. so that the question past with the negative.

But the Petitioners going up some few dayes after for an answer to their petition, and being extreamly in base provoking and insufferable language abused by that worshipfull Gentleman, Major Generall Massie, &c. which provoked divers of them to send in a paper to Mr. Speaker as their last farewell, the copy of which thus followeth.

Mr. Speaker, divers Citizens have been here attending for an answer of a Petition delivered by Sir William Waller on Wednesday last, their desire is that the house may be acquainted that the petitioners have seen the Vote of the House, and have discharged themselves from further attendance for the present, and will notwithstanding still seeke just and equitable meanes for to ease the grievances of this poore distracted Kingdome, and comfortably put an end to the groanings of this miserable distressed nation.

And having sent it in, away they came, and now in my apprehension have no other course to take, but to remonstrate and justly to declare to all the Commons of England, and the Army, the &illegible; illegall and tyrannicall dealing of the House of Commons with them, and to presse them by force of Armes to root up and destroy these tyrants, which without any scruple of conscience they may doe, if it were lawfull for the two Houses to levie warre against the King for tyranny declared by them, seeing I am sure there is a hundred times greater and more visibler, and if it be true as Sir Simon Synod, and the John of all Sir Johns now cryes out and sayes that it is not lawfull in any case to fight against the legall Magistrate, then I am sure Sir John and Sir Simon are a company of grand Traytors, and ought principally to be hanged, for being the chiefe Incendiaries in their Pulpets, &c. to the by past warres against the King, who I will justifie it upon the losse of my life, by the established law of England, the declared government thereof, is a thousand times more senced about and secured, (so farre as Law can secure) then the unjust, law and liberty destroying Lords and Commons assembled at Westminster are.

And secondly, I will justifie it, that if the principalls, or law of reason and nature for preservation &illegible; be a sufficient ground to take up Armes against the King and his party as the Houses of Parliament have declared they are, then the Kingdome and Army have much more true grounds to take up Armes against them for tyranny visibly, avowedly, and professedly acted, a hundred times more higher and transendent then ever he did, that is yet declared. And a most reall difference there is betwixt the action of them two in this particular.

I clearly find by all that J can yet read of either side, published to the view of the Kingdome, (and J thinke that I have read and wayed almost all that is extant) that the King by the law of his will did not impose Monopolies and Ship money, &c. vpon the free men of England, but was made to beleeve by his Judges and Counsell at Law, (being those helpes or assistance that the law of the Kingdom had appointed him to be counselled by out of Parliament) that he might impose those things by right, or force of the Law of the Kingdome. See the dispute in Mr. Hamdens case of Ship-money, in the latter end of Judge Huttons Judge Crookes arguments against Ship money, pag. 2. 3. 4, 5. printed by authority of this present Parliament, and the Declarations of both sides, 1. and 2. part Col. Decl. And indeed to speake according to the declared Law of England, the Iudges and his counsell at Law were principally to be blamed, and not the King. See your own Remonstrance of the 19 May, 1642. 1. part book Decl. pag. 199. 304. and the reason in Law is because, “the Law commands the Judges and Justices of peace, and all the rest of the Administrators of it, not to delay or disturb common Iustice and right, for any command from the King, (or any other) signified by the Great Seale, or privie Seale, or any other wayes, and though such commands doe come the Iudges and Iustices shall not therefore leave to doe right in any point, but shall doe common right, according to the common Law, as though never any such command had been, see the 29 chap of Magna Charta, and 2. E. 3. 8. and 14. E. 3. 14. and 11. R. 2. 10. And to performe this in every particular, every Iudge and Iustice of peace is sworne, as appeares by their oathes recorded in Poulsons book of Statutes, folio 144. and made in the 18. yeare of Edward 3. Anno; 1344. which also you may verbatum read, in the 29: pag. of a late printed book called Regas tyranny. And it was the duty by law that this Parliament ought to the whole Kingdome, to have made all those false and wicked Ship-money Judges examples of terror to future generations. (As King Alfred before the conquest did for as Andrew Horne in his miror of Iustice pag. 296. saith, “that Iudges and their Ministers who destroy men by false judgement, ought to be destroyed as other murtherers, which King Alfred did, who hanged in one yeare 44. Iudges as murtherers, for their false judgements against the Law, whose particular crimes and names he specifieth pag. 296. 297. 298. 299. 300. &c. But to your everlasting shame be it spoken, you took bribes of some of them, after the King had surrendred them up to your justice, and after that you had impeached them of high Treason, and imprisoned them, you set them at liberty to sit upon the seat of justice* to passe sentence upon the lives, liberties and properties of the free-men of England, and if I mistake not, one of them continues a Judge in your Commission to this very day, by meanes of which base and wicked practises of yours, (I meane the two Houses) this poore Kingdome under the pretence of Law, hath bin by you fild wth more oppression & injustice, then ever it underwent in so short a time since the Norman Conquest, there being neither pure Iustice nor Right to be had according to law at the hands, either of your Iudges or Iustices of peace, being in every particular as corrupt as either the House of Lords or Commons, Tyburne, or at least to row at Oates as slaves, being the fittest portion for the most part of them, there being never such out-cryes in the Kings time against his Judges and Justices, as yours denying dayly the benefit of Magna Charta, and the Petition of Right, to any free-man that a knavish Parliament man appears against; as I could easily enumerate divers instances if it were seasonable, but I will keep it in banke for a representation for the Army or the next Parliament, where I hope they will take speciall care, what ever they doe with the present base Judges and Iustices of peace; to provide an act of Parliament, that we may have our lawes (where they are ambigues and doubtfull) made as plaine as can be made, and all our proceedings in law in English, briefe and short, in plain English words, and quickly to be discided. And that it shall be treason in any Iudge, or Iustices, by vertue of any command whatsoever, to pervert the Common law, and the Common Iustice of the Kingdome, and without such a law, and an Annuall Parliament to see it executed, the constitution of which in point of Elections, had extraordinary need to be amended, for now some Counties chusing about 50. As Cornewell and others none, as the County of Durham, and their corporations many times made by bribes given to corrupt Courtiers, to obtaine the Kings Letters, patents, (which meerly flowes from his will) to inable them to chuse two Burgesses for Parliament, in divers of which &illegible; and &illegible; Corporations throughout the Kingdome, any base fellow, for 20. or 30. l. may by so many voices as will make him a Burgesse of Parliament and divers of &illegible; corporations, &illegible; for a great part of Inns and Ale houses, will be sure to chuse no other Parliament men, but such as are given to deposednesse, expensivenesse, wickednesse; and drinking, or at least some Ninnie and Grole, &illegible; by a great man, that as Dr. Bastwick saith, hath no more wit in him, then will reach from his nose to his mouth. And this is the true reason why our Parliament men in all ages have so little regard to the Common and iust liberties of the Kingdome, or to the iustice and equity of the lawes they make. And therefore as I said in the 54. pag. of Londons Liberties, so I say now to you, that it would be more rationall and a great deale fuller of justice and equity, to destroy all these illegall Corporations, and fix upon them the certain number of Parliament men, be they 600. 500. or 400. or more or lesse, as by the common consent shall be thought most fit, and equally to proportion to every Country, 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 proportionably, by the common consent of the people thereof, to divide it selfe into Divisions, Hundreds, or Weapontacks, that so all the people (without confusion or tumult) may meet together in their severall divisions, and every free man of England, as well poore as rich, whose life estate &c. is to be taken away by the law, may have a Vote in chusing those that are to make the law, it being a maxim in nature, that no man iustly can be bound without his own consent, and care taken that this may be once every yeare without faile, and to hold for a certain number of dayes, without which this Kingdome will never be free from warres, misery and commotions; but from this present Parliament. I neither looke for good to my particular selfe, or the Kingdome in generall, the constant and uninterrupted serious of all your visible actions, being a visible and cleare demonstration to the eyes of every unbiosed, impartiall and rationall man in England, of an absolute violation of the lawes and liberties of England, and setting up a perfect tyranny, declaring thereby both in the sight of God and man, that you have sold, and given up your selves to worke and act all manner of wickednesse and impietie, admitting no other rule either of reason, law, or justice, to square your actions by, but your own perverse and crooked wills, being an absolute kind of monsters of the Divells, but not of Gods creation, who never made any man lawlesse as you avowedly professe your selves to be, robbing and poling the poore Kingdome by all manner of illegall taxations, Excise, &c. and then sharing it amongst your selves, making nothing of fifty thousand pounds at one breakfast in one morning, for ten of your owne Members, viz. Mr Denzel Hollis, Mr Walter Long, &c. and for all your Hypocriticall, cheating, and selfe denying Ordinance, within a little while after, (as I am informed) in &illegible; Mr. Long (as I am told) worth five thousand pounds per Annum, viz. the Register of the Chancery, and make the two Speakers, (both of whom have been impeched if not of treason, yet of high misdemeanors, & were never yet iustly cleared and acquitted) keepers of the great Seale of England, to raise up their justly lost repute with the people, thereby declaring that it is your study and delight, to make use of the corruptest and basest of men amongst you, to tyrannize over the people, and yet the worst amongst you are so pure and holy, that you must not be touched, questioned, or called to an account for any thing that you say or doe, so that your pretence to all our liberties, estates, trades proprietres and lives, is not the law of the kingdome,* but your owne inherent corrupt lusts, and unbounded wills, so that the difference betwixt you and the King is visible enough, and that we have got by our exchange of our former government for your tirannicall domination, for I never read nor heard that the King in the worst of his raign, within it selfe simply considered, was I thinke bad enough and not to be justified, and which I my selfe felt as much as any man in England, (yet compared to yours was glorious and beautifull) for did he ever cause to be burnt by the hands of the Common hangman, the Petitions of those that he by his Declarations had invited to Petition to him, and who in his greatest straites, had been most hazardous for him, and truest and firmist to him, both of which you have done, as is before proved. Neither in the second place, did I ever read that he did proclame and declare such men to be Rebells and Traitors, but for going about to make their just and pressing grievances knowne, which you have done to the Army, (yea, to such an Army, as I thinke I may iustly say in every particular the world never had any) as may larger appeare by their Petition, and your declaration, which as it is printed by themselves, or some of their friends, thus followeth.

The Armies Petition.
TO HIS EXCELLENCY SIR THOMAS

Fairfax, Generall for the Parliaments Forces. The humble Petition of the Officers and Soldiers of the Army under your Command.

Sheweth,

THat ever since our first ingagement in the service for the preserving the power of this Kingdome in the hands of the Parliament, we have in our severall plates served them with all faithfullnesse, and although we have laine under many discouragements, for want of pay and other necessaryes, yet have we not disputed their commands, disobeyed their Orders, nor disturbed them with petitions, nor have there any visible discontents appeared amongst us, to the incouragement of the enemie, and the impediment of their affaires, but have with all cheerfullnesse done Summer service in Winter seasons, improving the utmost of our abillities, in the advancement of their service, and seeing God hath now crowned our indeavours with the end of our desire (viz. the dispersing of the pulique Enemie, and reducing them to their obedience) the King being now brought in, our brethren the Scots now satisfied and departed the Kingdome, all danger seemingly blown over, and peace in all their quarters.

We (imboldned by the many fold promises and Declarations to defend and protect those that appeared and acted in the service) doe herewith humbly present to your Excellency, the annexed Representation of our desires, which we humbly beseech your Excellency to recommend or represent in our behalfe unto the Parliament, and your Petitioners shall ever honour and pray for your Excellency, &c.

The humble Representation of the desires of the Officers and Soldiers of the Army, under the command of his Excellency Sir Thomas Fairfax, presented first to his Excellency, to be by him presented to the Parliament.

1. Whereas the necessity and exigency of the warre hath put us upon many actions, which the law would not warrant, nor we have acted in a time of setled peace, we humbly desire that before our disbanding, a full and sufficient provision may be made by Ordinance of Parliament, to which the royall assent may be desired)* for our indemnity and security in all such cases.

2. That Auditors and Commissioners may be speedily appointed and authorized to repaire to the Head quarters of this Army, to audite and state our accompts, as well for our former service, as for our service in this Army, and that before the disbending of the Army, satisfaction may be given to the Petitioners for their Arrears, that for the charge trouble and losse of time, which we must otherwise necessarily undergoe in attendance for obtaining of them, may be prevented, we having had experience that many have been reduced to miserable extremity, even almost starved for want of reliefe, by their tedious attendance, and that no Officer may be charged with any thing in his accompts, that doth not particularly concerne himselfe.

3. That those who have voluntarily served the Parliament in the late war, may not hereafter be compelled by presse or otherwise, to serve as Soldiers our of this Kingdome, nor those who have served as Horse-men, may be compelled by presse, to serve on foot in any future case.

4. That such in this Army, as have lost their lives, and the wives and children of such as have been slaine in the service, and such Officers and Soldiers as have sustained losses, or have been preiudiced in their estates, by adhering unto the Parliament, or in their persons, by sicknesse or imprisoment under the Enemy, may have such allowance, and satisfaction, as may be agreeable to iustice and equity.

5. That till the Army be disbanded as aforesaid, some course may be taken for the supply thereof with money, whereby we may be inabled to discharge our quarters, that so we may not for necessaries be forced to be beholding to the parliaments Enemies, burthensome to their friends, or oppressive to the Country, whose preservation we have alwayes indeavoured, and in whose happinesse we shall still reioyce.

Courteous Reader,

The foregoing is a true copy of the Petition promoting in the Army, which the Parliament are too much offended with, and therefore let the righteous God and all ingenious men iudge, if the desires of this Army be not rationall, &illegible; and equitable, and let the Lord of Heaven and Earth behold what here is desired, to occasion such a Declaration against this innocent &illegible; any the Officers thereof, as is here unto annexed, and let men that love &illegible; and hate tyrants, looke about and consider if it be not the &illegible; of those few men that abuse the Parliament, maliciously making odious reports to the House of the actions of that Army, in the worse sence they can devise, as Stepleton, Hollis, Luke, and Earle, lately did in the like &illegible; &illegible; &illegible; act of cõmitting Ma. Tulidah without ever hearing &illegible; &illegible; &illegible; &illegible; &illegible; on &illegible; so much formerly complained of by the &illegible; and enact of the highest iniustice in the world to &illegible; &illegible; &illegible; &illegible; and when both his friends and himselfe did &illegible; &illegible; &illegible; &illegible; &illegible; might be brought to their barie, that the &illegible; &illegible; &illegible; &illegible; &illegible; informed of the demeanor of these Members &illegible; &illegible; &illegible; &illegible; that Maior Tulidah should discover them at &illegible; &illegible; &illegible; &illegible; enemies to the legall and iust liberties of the people, (which to prevent) they became the only instruments to get him his liberty, and with us hearing they forthwith got him released.

A Declaration of the Lords and Commons assembled in Parliament.

Die Martis, 30. Martii. 1647.

THat the two Houses of Parliament having received information* of a dangerous Petition, with representations annexed, tending to put the Army in a distemper and muteny, to put conditions upon the Parliament, and obstruct the reliefe of Ireland, which hath been contrived and promoted by some persons in the Army. They doe declare their high dislike of that Petition, their approbation and esteem of their good Service, who first discovered it and of all such Officers and Soldiers as have refused to joyne in it, and that for such as have been abused and by the parswasion of others drawn to subscribe it; if they shall for the future manifest their dislike of what they have done, by forbearing to proceed any further in it, it shall not be looked upon as any caus to take away the remembrance & sence the houses have of the good service they have formerly done, but they shall still be retained in their good opinion, and shall be cared for with the rest of the Army in all things necessary and fitting for the satisfaction of persons that have done so good and faithfull service, and as may be expected from a Parliament, so carefull to performe all things appertaining to honour and justice; as on the other side it is declared, that all those who shall continue in their distempered condition, and goe on in advancing and promoting, that petition shall be looked upon and proceeded against as enemies to the State, and disturbers of the publique peace.

Die Martis 30. Martii. 1647.

Ordered by the Lords assembled in parliament, that this Declaration be forthwith printed and published.

John Brown Cler. Parliamentorum.

Now Sir to conclude the tyrannicall house of Lords having most illegally, barbarously, &illegible; and unjustly committed me to person, and sentenced me under whose tyranny you are willing to suffer me to perish and then by your and their whisling, and &illegible; Curs to be spitter and reproach me in print, thereby strongly indeavouring to make me as odiou in the eyes of the sons of men, as Job was in all his botches, and &illegible; pocre I, must be kept in &illegible; &illegible; &illegible; &illegible; &illegible; pen or inke, accesse of friends or any &illegible; &illegible; &illegible; &illegible; &illegible; and so deprived of all means to vindicate my &illegible; &illegible; &illegible; &illegible; &illegible; write in my owne behalfe, and set my name to &illegible; &illegible; &illegible; alwayes ready to owne and iustifie my lines, and to seale &illegible; &illegible; &illegible; blood, yet my wife must be made a prisoner, and fetched upto your arbitrary Committees for dispersing of my bookes, and the book women in Westminster &illegible; that sell them, must have their shops and houses searched and rob’d of all my bookes, by your Catch-poules, and if you suspect any for printing of them, they must be sure to be dealt worse with then it they were Traytors and enemies to their Country, and have their houses rob’d, and spoyled of their goods and presses, with which they earne bread for them and their families, and carried away by force, before any legall tyrall, or conviction of any crime, contrary to the lawes of the land, which possitively declares, that no free man of England forfeits his lands, goods or livelyhoods, tell he be convicted of a crime. 1. R. 3. 3. Cookes 2. part institutes, chap 103. fol. 228. 229. See the Petition of Right, yea and their bodies imprisoned most tyrannicall and illegally, without baile or maineprize, although there be no collour in law for the pretended cause of their commitment, nor no power in law for any Committee of your house to commit a printer, or any other free man in England to prison. See the law authorities mentioned in Judge Jenkins late printed papers. And when the prisoner according to the law of the Kingdome sues for a Habias Corpus, which legally cannot be denyed to any prisoner whatsoever, and by vertue thereof be brought before the present Judges of the Kings bench, Justice Bacon, and Justice Rowles yet contrary to law and their owne oathes (which oaths are before mentioned) they refuse to deliver the prisoner so uniustly imprisoned, or to take baile for his forthcomming, but returne him back to prison againe, there contrary to law and iustice to be kept without bail or maineprize. Oh horrible tyrannie oppression, and iniustice, and yet as I am certainly informed, this was the case of Mr. Thomas Paine a Printer the last tearme.

Nay your Catchpoules by their owne power, can and have forceably entered and felloniously and illegally carried away my proper and truly com’d by goods to a large value, for which though I complained to your Committee, yet could I not obtaine from their hands one dram of Justice, See my examination before them, called the resolved mans resolution, pag. 12.

Nay, this is not all for when your members and the Lords and their catch-poules creatures, have sufficient railed at me, and reproached me, and tyed up my hands; by depriving me of all meanes (as they thought) to publish any thing for my owne defence, then they as I conceive ioyne together, and git some lying Presbyter assemblie man or other, (for the Author concealing his name, and I not able to find it out, I apprehend, and iustly conceive, I have iust cause to lay it to them it being so sutable to the constant meants, they and their Creatures, use to set up their new reformed Kingdome) to frame, contrive and publish to the view of the world, a Recantation in my name (that J my selfe, though my name be to it, had not the least finger in, or knowledge of) thereby to render me odious to the purpose, and to declare me a weather cock &illegible; and as saffel, and easie in changing my former avowed just principles, as the Lords and Commons, and assembly men at westminster are, to change theirs; But Sir, if God permit, I shall take a more fit: opportunity to anotomize, that grosse price of Parliamentry, assembly knavery. And therefore I must plainly tell you, seeing the Lords and Commons it Westminster have dealt so varb rously and isle; ally with &illegible; as they have done,* and are worse then the unrighteous Iudge, that upon no importunity will doe me Justice, I am now in good sober resolved earnest, determined to appeale to the whole Kingdome and Army against them, and it may be thereby come &illegible; with them, and measure unto them as they have measured to me, and doubt not but to make it evident; that though some of your members call the Army Rebell, and Traitors, for contesting with those that gave them their power and authority; that they themselves are reall Rebells and Traitors, to the trust reposed, in them by the free people of England, their Emperors, Lords, and Masters. And that the Army are really and truly a company of Rogues, Knaves, and traiterors Villains to themselves and their native Country, if they should disband upon any tearmes in the world, till they have brought them to exemplary Justice, and made them vomit up the vast sums of the publiques money, that they have swall, well down in other devowing &illegible; mawes, and firmly setled the peace and iustice of the Kingdome, which that they may faithfully and cordially doe is and shall be the daily prayer of him that hath been and will be againe, your true friend if you will repent of your &illegible; and slacknesse, and manifest your selfe to be more firme, active, and valourous for the good of your Country, Iohn Lilburn.

FINIS.

Endnotes

 [* ] Declarat. 2. Novemb. 1642. 1. part book Decl. p. 720.

 [* ] Read your owne words, in Col. decl. pag. 720.

 [* ] Which if they had bin made examples of terror you would have got no Iudges to have executed your arbitrary, illegall and &illegible; commands.

 [* ] For Col. Burch a Member of the House of Commons, before another Member and the Lieutenant of the Tower, did over before them the other day to iudge &illegible; when he questioned the legality of their proceedings, that they did not stand upon the Law, nor warrant their actions thereby, but saith he we have conquered you by the Sword, and by the Sword we will hold it. Therefore looke about you Free men of England, give the Tyrants their deserts.

 [* ] In this we desire no more then the City and Parliament have done before us, notwithstanding their many notable and home Declarations against the King.

 [* ] The informers are said to be Col. Rossiter, and Col. Harlow, both members of the House of Commons, and the Army likewise,

 [* ] And not with me, but also with Mr. Overton his wife and brother, and Mr. Larners man and maid, who are all yet in prison, and can have nor obtain any iustice from either of your hoases.

 

9.7. John Lilburne, Jonahs Cry out of the Whales belly (26 July, 1647)

Bibliographical Information

Full title

John Lilburne, Jonahs Cry out of the Whales belly: Or, Certaine Epistles writ by Lieu. Coll. Iohn Lilburne, unto Lieu. Generall Cromwell, and Mr. John Goodwin: Complaining of the tyranny of the Houses of Lords and Commons at Westminster; and the unworthy dealing of divers (of those with him that are called) his Friends.

Jonah. 2.2, 3, 4. I cryed, by reason of mine affliction, unto the Lord, and he heard me; out of the belly of hell cryed I, and thou heardest my voice.
For thou hadst cast me into the deepe, in the midst of the seas, and the floods compassed mee about: all thy billowes and thy waves passed over me.
Then I said, I am cast out of thy sight, yet I will looke againe towards thy holy Temple.

Jer. 20 10, 11, 12. For I heard the defaming of many, feare on every side. Report, say they, and we will report it: all my familiars watched for my halting, saying, peradventure he will be intised, and we shall prevaile against him, and we shall take our revenge on him.
But the Lord is with mee, as a mighty terrible one: therefore my persecuters shal stumble, and they shal not prevaile, they shal be greatly ashamed, for they shal not prosper, their everlasting confusion shal never be forgotten.
But, O Lord of hosts, that triest the righteous, and seest the raines and the heart, let me see thy vengeance on them: for unto thee I have opened my cause.

Micah. 7.5. Trust yee not in a friend, put yee not confidence in a guide.

Esay 63.9. In all their afflictions he was afflicted, and the Angell of his presence saved them, in his love, and in his pitie he redeemed them.


Estimated date of publication

26 July, 1647.

Thomason Tracts Catalog information

TT1, p. 538; Thomason E. 400. (5.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

TO THE MAN WHOM GOD HATH honoured, and will further honour, if he continue honouring him, Lieu. Generall Cromwell at his house in Drury Lane, neare the red-Lion this present.

Much honored Sir,

IT is the saying of the wise man, That he that remardeth evill for good, evill shall never depart from his house, the justnesse of which divine sentence ingraven in nature, hath even ingaged morall Heathens to a gratefull acknowledgement of favours received, and hath been a sufficient obligation conscientiously to ty them, to acts of retribution to those for whom they have received them; and therefore (not only below a Christian, but a very morall Heathen, and Pagan should I judge my selfe if I should bee forgetfull of your seasonable &illegible; much more if I should returne contrary effects unto you, which with all thankfullnesse I must acknowledge, tooke &illegible; &illegible; &illegible; in my hands and chaines even when I was at deaths doore, and was principally instrumentall in delivering me from the very gates of death, in Anno 1640. and setting me free from the long and heavy Tyranny of the Bishop: and Starchamber, even at that time when I was almost spent, watch to me is so large an Obligation that I thinke &illegible; I live it will be engraven upon my heart as with the &illegible; of a &illegible; many particular respects sir or then, I must ingemously confesse I have &illegible; to take notice of &illegible; you; and one large one of late since I came into present capti in, which was for that large token you sent me, for which now in writing I returne you many thanks.

Sir I dare not now by way of boasting take upon me to enumerate my hazardous actions, which hath flowed from the truth of my affections to you in doing you reall and faithfull service, in maintaining the honour of your person, and your just interest, which was all the &illegible; that I in my &illegible; condition, could answer all your kindenesses with, and truly if I be not mistaken I thinke I have been &illegible; cordiall, harty, sincere and hazardious, in dischaging my ingaged affection and duty to you, and the more high bath my thoughts been towards you, for that I have apprehended in you, in your service abroad, an affectionate, cordiall, and free hearted spirit to the poore people of God: unto whom in times by past you have been as a Sanctuary, and hiding place, and God hath honoured you sufficiently for it, not only in giving you extraordinary large &illegible; in the affections of thousands, and ten thousands of his chosen ones, but in banging upon your &illegible; the glory of all their archeivements, by meanes of which you have been made mighty and great, formidable and dreadfull in the eyes of the great ones of the world, and truly my selfe and all others of my mind that I could speak with, have looked upon you as the most absolute single hearted great man in England, untainted or unbiased with ends of your owne. But deare Sir, give him leave that presumeth to say and that without fluery, he honoureth you as he doth his owne life and being, that looking as a dilligent spectator upon your actions and carriages, for this many moneths together, It hath struck him into an &illegible; and filled his spirit as full of boylings and turmoylings as ever Jeremians was, when he said thy word is within me like a burning &illegible; shut up in my bones, and I am weary with forbearing, and I could not stay Jer. 10. 9. and truly Sir I was in paines and travell how to behave my selfe towards you, and saint I would have writ my minde freely and plainly unto you, but truly unto my owne shame I must &illegible; acknowledge, I have been &illegible; Jonah who &illegible; from the presence of God and the &illegible; he had to imploy him upon. Jonah, 1. 3. &c. and I have withstood those many pricking motirious, which I beleeve flowed from his spirit, and have either too much preferred my own ends, or my base carnall reasons, before the Dictates of God, but now am not able for all the world to forbeare any longer, being lately forced, nolens volens, without rest or sleep, most seriously to meditate upon these following sayings of God, Exodus 23. 6. 7. 8. Thou shalt not wrest the judgement of the poore in his cause. Keep thee farre from a false matter, and the innocent and the righteous stay thou not: For I will not justifie the wicked. Thou shalt take no gift: for the gift blindeth the wise, and perverteth the words of the righteous. O deere Cromwell, the Lord open thy eyes, and make thy heart sensible of those snare, that are laid for thee in that vote of the House of Commons of two thousand five hundred pounds per annum.

And Deut. 16. 17. God saith expresly, Thou shalt not wrest judgement, then shalt not respect persons, neither take a gift: For a gift doth blad the eyes of the wise, and pervert the words of the righteous. And truly being very fearfull and jealous in my own soule, that some of my true friends, with whom I have talked of your selfe very freely of late, should shortly hit me in the teeth by reason of my silence to you, and too justly upbrayd me with that saying of Ecclesiasticus. chap. 20 vers. 29. Presents and gifts &illegible; the eyes of the wise, and stop his mouth that he cannot reprove. And therefore, Sir, give me leave to say unto you in the words of Ioh. chap. 32. 21, 22. Let me not, pray you, accept any mans person, &illegible; let me give flattering titles unto man, for I know not to give flatering titles: in so doing my &illegible; would soon take me away. Now deer Sir, knowing that you cannot but know, that it is a saying of the Spirit of God, That faithfull are the wounds of a &illegible; &illegible; &illegible; are the &illegible; of an Enemy. I come now downright to enbowell my mind unto you and truly to tell you, that in my thoughts I look upon the redeemed ones of Iesus Christ in England, in as low and &illegible; a condition, almost as the lows were in the third of Esther, when Haman upon this false suggestion to K &illegible; [That there is a certain people scattered anroad, and dispersed amongst the people in all the provinces of the Kingdome, and their lawes are divers from all people, neither keep they the Kings lawes, therefore it is not for the Kings profit to suffer them] had obtained a Decree to destroy them all; and therefore as poore &illegible; in the bitternesse of his spirit in the fourth chapter, sayd unto Queen Esther, so say I to thee, thou great man Cromwell, Think not with thyself, that thou shalt escape in the Parliament House, more then all the rest of the Lambs poore despised redeemed ones, and therefore, O Cromwell, if thou altogether holdest thy peace, (or stoppest or underminest as thou dost, our and the Armies petitions,) at this time then shall enlargement and deliverance arise to us poore afflicted ones, (that have hither doted too much upon thee, O Cromwell) from another place then from you silken independents, the broken reeds of Egypt in the House and Army) but thou and thy Fathers House shall be destroyed: but who knoweth whether thou &illegible; come out of thy sicknesse, and to such a height in the kingdome, for such a time as this.

And therefore if thou will pluck up thy resolutions, like a man that will persevere to be a man for God, and goe on bravely in the feare and name of God, and say with Esther, If &illegible; I perish; but if thou would not, know that here before God I arraigne thee at his dreadfull Barre, and there accuse thee of delusions and faire words, deceitfully, for &illegible; us, our wives and children into the Hamon-like tyrannicall clutches of &illegible; and &illegible; (both now impeached): and the rest of that bloody and devouring faction, that hath designed us to utter ruine and destruction, and this land and kingdome to vassalage and slavery against whom we are sufficiently able to persevere our selves, if it were nor for thee, O Cromwell, that art led by the nose by two unworthy &illegible; earth-wormes, Vaine and &illegible; (I mean young Sir Henry Vaine, and Sollicitor St. Iohn) whose basenesse I suffiiciently anatomized unto thee in thy bed above a yeare agoe in &illegible; &illegible; house in the Fears, as thou canst not bee very well remember, and which I am resolved to the purpose shortly to print.* O Cromwell, I am informed this day by an Officer out of the Army, and by another knowing man yesterday, that &illegible; a purpose to me out of the Army. That you and your Agents are likely to &illegible; in &illegible; the hopes of our outward preservation, Their petition to the House, and will not suffer them to petition till they have laid down their Armes, because forsooth you have engaged to the House they shall lay down their Armes whensoever they shall command them, although I say no credit can be given to the Houses Oathes and engagements, to make good what they have promised. And if this be true, as I am too much afraid it is; then I say, Accursed be the day that ever you had that influence among them; and accursed be the day that ever the House or Commons bribed you with a vote of 2500. l. per annum, to betray and destroy us. Sir, I am jealous over you with the hight of godly jealousie, that you like Ephesus have forsaken your first love and zeale*, for which I am most heartily sorry, and should be very glad I were mistaken, and upon manifestation of which from you, I should very gladly cry you &illegible; for my present heat: But Sir, if these Army newes he true, I must aid you for ever Farewell, and must hereby declare my selfe an avowed enemy to your selfe-pecuniary interest, and all your copartners, and shall with more zeale bend all my abilities against you all, and unmark you to my friends, then my adversaries the tyrannicall and arbitrary Lords, doe the worst you can to my throat, which you used jestingly to say, you would cut so soon as ever I fell out with you.

Sir, I have but a life to lose, and know that to die to me is gaint, being now &illegible; to the world and it to me, and being now sufficiently able to trust God with my Wife and Children; but by the strength of God I am resolved Sampson like, to sell my life at as deare a rate as I can, to my Philistine Adversaries, that shall either by force without law, endevour to destroy me, or by treachery to undoe me. And if the Army doe &illegible; before they petition, I, and all such as I am, must truly lay the whole blame upon you, and truly declare the House of Commons bribe Cromwel to betray the liberties of England into their tyrannicall fingers Sir, is it not the Generals Commission to preserve the lawes and liberties of England. And how can he & those with him, without being esteemed by all men (that are not bribed, or preferre their own base interest before the common falery) the basest of men, to lay down their Armes upon any conditions in the world, before they see the lawes and universall well known liberties of England firmly setled; especially seeing, as I will undertake publickly, and I hope shortly to prove, the Parliament tyranniceth ten times more over us then ever the King did*: and I will maintain it, that by the law of this Kingdome, it is ten times easier to prove it lawfull for us to take up Armes against them in the wayes they now go, then it was for them to take up Arms when they did, against the King. And I professe I would doe it, if I were rationably able to doe it to morrow. For, if, as they have often said, That tyranny be resistable, then it is resistable in a Parliament as well as a King. Sir, I am not mad, nor out of my wits, but full of apprehensions of slavish consequences, reason and zeale, and should bee glad it could speedily and iustly be cooled by you, before it flame too high, which you will further understand I have grounded cause to make it, if you seriously read and ponder this inclosed Letter sent to Mr. Iohn Goodwin, which with this, I have sent by the gravest, wisest, and fittest messenger I could think of, and though a Feminine, yet of a gailant and true masculine Spirit.

And so I commit you to the wisest disposing of our wise God, and shall rest till I heare from you.

Yours in much &illegible; of you,

Iohn Lilburne.

To his much honoured and much respected friend, Mr. John Goodwin, at his House in Swan-Alley, in Colemanstreer, these.

Honoured and worthy Sir,

I Am necessitated to write a few lines unto you, about a businesse that doth very much concerne mee, but in the first place, I desire to make my engaged acknowledgement unto you, and your congregation for your large kindesses manifested unto me in this my present imprisonment in supplying my necessities in which particular I must ingemously confesse I am more obliged to you singly, then to all the Congregations in and about London, and yet notwithstanding, have in some other things just cause to think my selfe more injured by some of your congregation then by all the avowed and professed adversaries I have in England; for against them I have a defence, but against a secret adversary (being a pretended friend) I have none, but am thereby subject to an unapprehended destruction. That which I have to lay to the charge of some of your members, is, That they have improved all their power, interest, and ability, to hinder all effectuall meanes (whatsoever) that tended to procure my deliverance from a tyrannicall captivity, and not only mine, but all the rest of my afflicted fellow-Commoners that are in the same affliction with me, (as Mr Richard Overton, his wife and brother, Mr. Ioh: Musgrave, Mr. &illegible; servant, &c.) for besides what they have dont in London to &illegible; all Petitions that tended to my just deliverance, they have improved their interest to destroy the Petition of Backingham shire, and Hartford Shire, which was principally intended for the good of the prerogative Prisoners, my selfe, Mr. Overton, &c. for upon Monday last Lieut. Collonell Sadler came to the &illegible; at Saint &illegible; and therein the name of diverse knowing men of Mr. John Goodwines Congregation, improved all his interest utterly to destroy the Petitioner, so that what he did then, and Mr. &illegible; an Independant Minister, who lives as or about Hartford, who being lately at London, brought downe such discouraging newes, that some of eminent quality of the Petitioners told me in these words, That if it had not been for the base, unworthy, undermining dealing of some of Mr. John Goodwins Congregation, they had had a thousand subscriptions for an hundred they have now, and a thousand to have come in person with the Petitioner for every hundred they had.

Sir, I cannot but stand amazed to thinke with my selfe, what should be the ground and reason of these mens preposterous actings, point blanke destructive to the welfare of every honest man in the Kingdom, and particularly the destruction of* me and my poor distressed Family and truly in my own thoughts, I think I could easily fix upon those worldly wise prudentiall men in the Parliament,* that set them at work on purpose to keep: the people from seeking for their owne liberties and freedomes, that so they may not be disturbed in the enjoyment of their great and rich places, which I am afraid they prise above the welfare of all the &illegible; in England, and the Lawes, liberties and &illegible; thereof for all their great and &illegible; professions, and truly as much cause have I administred to me, particularly and publiquely to fall foule upon them, and their proud, imperious, unjust; and selfe interests, as they under-hand have fallen upon me, my liberty and welfare, but by reason of those many engagements, by which I stand obliged to your selfe, for your so stout & deep engagement for the publick welfare of all those that thirst after either morrall, or religious righteousnesse: I could do no lesse but write these lines unto you, before I put my necessitated resolution unto reall action, and earnestly to entreat you to spare so much time from your weighty emploiments, as to do mee the favour to let me speake a few words with you, and if you please to bring Mr. Price along with you.

So with my truest respect presented to you, I commit you to the protection of the most High, and rest,

Your true and reall friend to serve you,

Jo. lilbvrne

A second letter to Leiu. Generall Cromwel, to presse home the former.

Honored Sir;

I writ a large letter to you of late, and by the bearer of it I received a verball answer from you, & by an other freind of &illegible; at a distance I understood a little from you, but neither of them satisfactory to me, nor any thing else that I have lately heard from you, or any of your over wise friends, that are not able to trust God with three halfe &illegible; so that my spirit is as high as it was when I last writ to von, and altogether unsatisfied. But in regard my soul earnes towards you I cannot but once again by this true friend write two lines unto you, to tell you that I canot sit still though I dy for in and see you that are reputed honest conscientious men be the betrayers and destroyers of your poore native Countrey, and the lawes and liberties thereof*. therefore are subject to be &illegible; &illegible; with security till destruction be even at their dores, and &illegible; &illegible; &illegible; &illegible; &illegible; ye plaid the faithfull watchmen to your native Country &illegible; &illegible; &illegible; warne them be times of the danger they are in, by the tyrannicall &illegible; villans amongst you, they would easily be awakned and provide for their own safety, &illegible; the speedy destruction of those that would destroy them which is but just and reasonable. 1 part book Declarations page 150.

I can now say no more at present, but that I was yours, and still am Englands Cordiall Freind,

John Lilburne.

For the Honorable Lieutenant Generall Cromwell, this present at St. Albons.

Honoured Sir,

NOthing indears my heart so much to any man, or men in the world, as honestie, integritie, and justice: the contrarie of which makes me abhor those in whom I find it, although never so great and potent Sir, I shall without much complement, return you many and hearty thankes for your active paines, and upon those representations I have of your present courage, I doe assure you I would willingly be a Pioneer with you, and hazard, if I had them, a million of lives for you: But never was I so afraid of all mine enemies, as of divers of those great ones I have looked upon as your chieife Councellors. Sir, your delay hath given extraordinarie heart to your adversaries (who under hand make large preparations against you) and unexpressible sadding of spirit to all your cordiall friends, insomuch that I for my part, have even despaired of any good from you: the which &illegible; not in the least quenched my resolutions, but morefully fixed me with magnenimity flowing from the God of valour and courage, to die upon my own and my old principles: I am very confident that if you delay (few dayes I anger, you unavoidably involve thinking me in a large effusion of blood. What I have &illegible; and intreat of you as for my life, is First, immediatly to march with a Declaration of peace and love to the body of the Citie; the doing of which will enable your friends here, I &illegible;) hope, to doe your worke for you in sequesiring the &illegible; Members As for justice at present you nor any &illegible; cannot cannot expect it. For the iudges at Westminster &illegible; Law are no Iudges See the 17 H. 8. 26. and &illegible; &illegible; of Parliament by law can take a way &illegible; &illegible; I am sure of it. See the 2 part instit. fol. 41. 40. & part. fol. 22. & 4. part. fol. 23. 25. 45. 10. &illegible; &illegible; &illegible; Declaration. But if you should say, it is but iust that an Ordinance should take away the lives of those that have made them take away the lives of others, yet I say the most of the members are so guilty, that they will never condemne thee.

The second thing I begge of you, is, That with all candor you endevour to understand the King, and let him understand you, and deale with him as becomes honest men that play above &illegible; and doe their actions as in the sight of God, for the good of all. I have in this particular fully by word of mouth, communicated my mind to Tim Trevers, to be communicated to you: And this if I were with you, upon my life I durst dispare against you all, this &illegible; stand, both in point of policy, honesty, and conscience, you must apply to the King, without which the peace of the Kingdome can never be setled: and he Parliament having so tyrannized, that they are grown as hatefull to Iust man, as the Divell: And doe confidently beleeve hee will grant any thing that is rationall that you or the Kingdome can desire at his hands, for their future good, security and preservation.

Now one thing I shall propound to your consideration, That you be not decrived by your Scout-master generall, Wetson who I am apt confidently to beleeve, will never honestly and uprightly adventure the &illegible; of his finger either for God, his Countrey, or the Army, further then he may be thereby of the stronger &illegible; and be a gainer. As for Dr. Stanes, whatever you think of him, I &illegible; he is a iuggling knave the which I told you above two yeares agoe at Ilchester, and I will &illegible; it, and am confident, will deceive you in the day of triall. And as for Nath Rich, you your selfe know him to be a iuggling policy base fellow: Remember what you told him to his face in his own Chamber in Fleepstrect before me and my wife, and two more, at the time Manchesters treason was upon examination. And besides, his own Captain Lieutenant in my chamber, some weekes since, shewed me such letters of his to him under his own hand, that gives mee cause to iudge him fully to be a iuggling, dissembling, treacherous, Hen. hearted base fellow, which I desire you and all the honest men in the Army to beware of, as of a plague and pest. And if hee shall finde himselfe aggrieved at it, I say, tell him I will to his teeth, with my sword in my hand in any ground in England, iustifie what I say*, Sir, in the way of iustice, and single-hearted righteousnesse, in the midst of all miseries, I am

Yours untill death,

Iohn Lilburne.

The Bearer by word of mouth hath from me more to say to you.

For Lieutenant Generall Cromwell this with speed, present at Wickham.

Honored Sir.

MY thoughts about the procedings of some of your great ones in the Armie, have been exceedingly perplexed, which hath set my braines upon an unwearied study, which in an Epistle would be too large to expresse unto you, onely I cannot (for former engagements sake, and the common good) &illegible; &illegible; you with the &illegible; of them before I print them.

You cannot but know that you severall times, in a forcible manner kept mee in Manchesters Army, when I would (for that basenesse and treachery acted there) have deserted it, and have betaken my selfe to travels; Remember our discourse at Banbury, &c.

And you know when he and you came to contest, I stood close to you, and to truth and Justice then on your side, without feare or couble ends: Although both Watson, your Scout-master Generall, and Staines your Master-master Generall, with Coll. Nat. Rith, rom daring, plaid the paltry Knaves, and &illegible; with you, of which he part you complained before me and my wife, to Rich his face, in your owne chamber at Dissinghams house, and called him before us, base Kascall, and cowardly and persidous fellow, with much more I very well remember.

You cannot but know that all my present sorrowes are come upon me by Manchesters meanes and his creatures, for my zeale to truth and justice, against him and all his treacherous consederates, who had (as I conceive) eare now got the gallowes, if you had followed him with as much vigour and strength as you should, and I was made beleeve you would. But you plucke your head out of the* coller, and I was catched in the bryers, and have been exposed to a thousand deaths by any imprisonment, &c. must illegally, barbarously and tyrannically, and the House of Commons would do me no justice; though I turned (I think) as many stones to procure it, as any man whatsoever in England could But man betrayed and no worthly disserted, &illegible; by your selfe, Henry Martin, and all my &illegible; there, whose act as to me are nothing else but declarations of your selfe seekings, without purely &illegible; either Trust or Justice: for which God undoubte. It will lash and scurge you. And when I saw that they would not &illegible; regard, or receive, but burnt, or &illegible; all those just Petitions; I set underhand on soot, for Justice and my liberty, I applyed my selfe vagarously unto the honest blades, the private Souldiers, I meane, of the Army, though I have nothing to speake of your gallant Generall (to me in a manner a stranger) but prayies.

And when by much industry with much opposition from your selfe and others of your fellow Grandees in the Army, I had been &illegible; &illegible; with the expence of a great deale of money and withall the interest and industry I had in the world; acted both night and day to settle the Souldiers in a &illegible; and just &illegible; by their faithfull agitators &illegible; out by common consent from amongst themselves, as resolute &illegible; and just instruments to &illegible; my Liberty, to give a checke to tyraning, and soule the peace and justice of the Kingdome, not looking for any good at all from your selfe, and the rest of your fellow great ones, that truly in my apprehension are transendently degenerated, & have bought and sold, (and intend visibly more fully to do it) the Lawes, Liberties and Justice of the Kingdom for your owne ends and &illegible; which &illegible; is every day confirmed and strengthned in me, in that you have not only done it alreadie, has goe on still and intend more fully to do it, in that in a manner you have rob’d, by your &illegible; &illegible; and &illegible; trickes the honest and gallant agitators, of all their power and authority, and solely &illegible; &illegible; a thing called a Counsell of Warre, &illegible; &illegible; a &illegible; &illegible; of seven or eight &illegible; selfe ended fellowes, that so you may without controule make up your owne ends; for I &illegible; your practises of old, which I am credibly informed is facely &illegible; and the &illegible; of them before mentioned, whom I &c. have experience sufficiently of, are as base as base can be; And will fell Christ, their Country, friends, relations, and a good conscience for a little money or worldly honour. And yet some of them must be the chiefe and only men to place and displace all Officers in the Armie.

And the aforesaid two general Officers were as I am confidently informed from a good hand moved for by your selfe at a Councell of Warre, to be the mannagers of the charge against the eleven Members, although yourselfe, I dare aver it, believes, That put them both together, they have not so much courage as to encounter with a &illegible; or a &illegible; much lesse with such sons of Anak, as the eleven Members are, and I am sure both of them put together hath not so much honestie, as will fill a Tatlors thimble, much lesse so much as will make them &illegible; their lives, liberties and interests; which of necessitie they must have that resolutely and faithfully undertake that imployment, yet, as I am could, they had been the men, if your wife son Ireton had not been apprehensive that the Councell of warre had lost all their braines at their departure.

Sir, in short, what I heare not once, twise, thrise, nor a dozen times from you hath so perplexed my spirit, and &illegible; me with amazement, that thereby I must as a faithfull plaine dealer tel you, that I am necessiated wholly to withdraw my present good thoughts from you and others with you, and must and will print my conceptions to the view of the world, that so you may delude, and destroy honest simple hearted, plain dealing men no longer, cost it what it will, I valew it not, being necessitively compelled either to remove every stone that lyes in my way, that hinders me, from obtaining my just ends, Justice and my just liberty; or else to power out my bowels upon them with lifting them, and I sufficiently heare of the Jeeres, &illegible; and contrivings, of your favourites against me and all such as I am.

Therefore doe you and they looke to your selves as well as you can, for the uttermost of my strength and interest shall speedily be amongst you publiquely, unlesse you speedily and effectually, without complement take some speedy course, that I face to face may speake my mind to your selfe, of which I desire a positive and satisfactory answer within foure dayes at the farthest: I desire no favour from Lords or Commons &c. but if I have transgressed the Law: let me fully be punished by the Law,* but not destroyed in prison without and against Law, which if I can help it, I will not be without a witnesse; or if I have done no evill, which my adversaries declare I have not, in that as yet they have layd nothing to my charge: then I require immediatly to be delivered with just reperations, and this I know lies in your power to effect in three dayes if you please. And so desiring the God of Councell to direct you, I rest,

Your true friend in the
wayes of Justice and
Truth till death,

Iohn Lilburne.

I shall conclude with the Copie of a letter I sent Lieutenant Generall Cromwell into the West, Decemb. 9. 1645.

Deare and Honourable Sir:

THe endearednesse of my affections towards You, for those excellencies that I have scene in you, and for those reall respect that I have enjoyed from you (but especially in that God hath honoured you &illegible; &illegible; you worthy to be a Patron to his people) ties me to have high and honourable thoughts of you, and by how much the more my &illegible; is of you, by so much the &illegible; &illegible; I judge it my duty to speak my mind freely and &illegible; to you (although in the eye of the world, yea by thousands of degrees below you) and I hope you will &illegible; no &illegible; constructions of my words, then that they are the cleare &illegible; &illegible; of the &illegible; &illegible; of a reall, plaine and single hearted friend of yours, who you very well know was never skilfull in the wicked art of &illegible; &illegible; &illegible; &illegible;

From my Brother &illegible; I by two letters received an invitation (as comming from your selfe) to come down into the Army, but I &illegible; you give me leave to informe you that the so, les, &illegible; and undermining usages &illegible; met with (not from you but others of more quality then honesty, when I was last in the Army, hath stucke in my stomack ever since, & could never yet be disgested by me, & though I do protect, I highly honour your selfe, and could willingly (if I know my owne heart) lay downe my life for you, your honour and reputation, as soone as for my father that begot me, or the dearest friend I have upon the face of the &illegible; Yet so deepe impression hath the dealings with my selfe, and others of my deare friends, that I have taken notice of both before that time, and since, (from one and the same parties) taken upon my spirit that I have many times, and still do in a manner scorne to take imployment under those persons, where the son or sons of &illegible; hath such sway, power, and authority, by advice, policies and counsels, &illegible; the party or parties that I know abused me hath in your Army, and give me leave without passion, to tell you, that I say you your self harbour in your brest a Snake or Snakes, although you will not know it, yea, and I say, there are those that have no small influence into you, that if the wheele of honour and profit shall turne round every day in the weeke, they are able to carry themselves so that they shall be no losers by it, yea, and are able (and have principals to do it) to give the &illegible; words in the world to you, or any other honest man they deale &illegible; when they intend to &illegible; your &illegible; and &illegible; and undermine you, and this I am able to make good: Sir you may remember what you used to say, That it was &illegible; honour and glory that my Lord of Manchester ever had in the world, that he was a Commander of so many of Gods people: and give mee leave to say the same to you, and also give mee leave to tell you, that, that which lost my Lords estimation amongst Gods people was the harkning to the evill advice of those that had as specious pretenses as those I meane &illegible; you, and I wish that your harkning to theirs may not &illegible; (though I hope it will &illegible; lose) that respect that flowes from Gods people towards you: Sir I run not at &illegible; but speake upon grounds from something lately come unto my knowledge and observation, and I have now discharged my duty and my conscience, take it as you please, and when you and I meet I shall clearly lay downe my grounds unto you, if you please to give me leave, which I shall take for a greater honour, then if I had been one in the new Model of Dukes & Barons, lately so made by vote; for my part I will not take upon me now to give you advice, but shal leave you to the wise Counseller of all his, who tels me honesty is the best policy, and uprightnes begets bouldnes, neither &illegible; &illegible; thing now to desire of you for my selfe, or any of my friends, being resolved by the goodnesse of God patiently to be content with my portion, though it be but bread and water, with the enjoiment of the cordial affections of the simple and contemned people of God, and rather here hazard my selfe in seeking for justice and right which is my due, then to go abroad to venter my life againe in fighting I know not wherefore, as I have done hitherto, unlesse it be to set up tyranny, violence, injusice, and all manner and kind of &illegible; &illegible; pardon for my boldnesse (and it may be too plain lines) I commit you to the protection, of the most High, with as much sincerity and uprightnesse as I doe my owne soule.

And shall ever remaine,

Your faithfull, plain and truth-telling friend and servant,

John Lilburne.

The Postscript.

It may be divers may demand to know the reason wherefore I write, and caused to be printed, the fore-going Epistles; unto whom at present I returne this answer. That because the Army under Sir Thomas Fairfax, is not now an Army acting by a Commission, either from the King, or the two Houses: for although they were raised by an Ordinance of the Lords and Commons assembled at westminster, for the defence of the King and Parliament, the true Protestant Religion (not the Scotch, Iewish, Antichristian inslaving Presbytery) and the Lawes and Liberties of the Kingdome (not the Arbitrary wills of the Houses) as appeares by the Ordinance of the 15. Feb. 1644. 2. part. book Doclat. fol. 599 which positively commands Sir Thomas Fairfax from time to time, to submit to, and obey all such orders and directions as he shall receive from both Houses of Parliament, or from the Committee of both Kingdomes. Yet now he and his Army apprehending and beleaving that the wicked and swaying Faction in both Houses, would destroy them, and inslave the whole Kingdome, doe not onely dispute the two Houses orders and commands, but also positively disobey them, as unjust, tyrannicall, and unrighteous: And being now thereby dissolved into the originall law of Nature, hold their swords in their hands for their own preservation and safety, which both Nature, and the two Houses practices and* Declarations teaches them to doe, and justifies them in, and now act according to the principles of Saifety, flowing from Nature, Reason, and Justice, agreed on by common consent and mutuall agreement amongst themselves; in which every individuall private Souldier, whether, Horse or Foot, ought freely to have their vote, to chuse the transactors of their affaires, or else in the fight of God, and all rationall men, are discharged from obeying, &illegible; or submitting to what is done by them.

And that they doe now act upon the foresaid Principles, is cleare by their printed ingagement of the 5. of July 1647. called, A &illegible; engagement of the Army under the command of his Excellency Sir Thomas Fairfax, read, assented unto, and subscribed by all Officers and Souldiers of the severall Regiments as the generall &illegible; &illegible; &illegible; In which agreement, or solemn engagement, they say, “That the Souldiers of this Army (finding themselves so stropt (as before they there declare) in their due & regular way of making known their just grievances, and desires to, and by their Officers) were inforced to an unusual (but in that case necessary) way of correspondencie and agreement amongst themselves, to chuse out of the severall Troops & Companies, severall men, and those out of their whole number, to chuse two or more for each Regiment, to act in the name and behalfe of the whole Souldery of the respective Regiments, Troops, and Companies.

And a little further they expresse themselves thus: “We the Officers and Souldiers of several Regiments hereafter named, are now &illegible; at a general Rendezvouz, have subscribed &illegible; &illegible; &illegible; engagement, and doe hereby declare, agree, and promise, to and with each other, and to and with the Parliament, and Kingdome, as followeth.

“First, that we shall cheerfully and readily disband, &c. having first such satisfaction and security in these things, as shall be agreed unto BY A COVNCELL TO CONSIST OF THOSE GENERALL OFFIGERS OF THE ARMY (who have concurred with the Army in the premises) WITH TWO COMMISSION OFFICERS, AND THE SOVLDIERS TO BE CHOSEN FOR EACH REGIMENT, who have concurred, and shall concurre with us in the premises, and in this agreement. And by the Major part of such of them who shall meet in Councell for that purpose, when they shall bee thereunto called by the Generall. Secondly, that without such satisfaction and security at aforesaid, we shall not willingly disband nor divide, nor suffer our selves to be disbanded or divided.

So that by these words in their agreement, you see the foresaid position proved, that they act by mutuall consent, or agreement. Now to have this agreement, or solemne ingagement invaded or broken, either by the subtilty, fraud, or power of the Officers, and a power assumed by themselves, to act all their chiefe businesse contrary to this Agreement, is an action that merits a kicking (if not worse) out of the Army, to all those Officers (be they what they will be) that were chiefe actors and contrivers of it.

For the most Divellish, subtile, undermining and destroying way that can bee taken by the greatest haters of the Army, Stapleton, Holles, or the Assembly, to destroy and overthrow them, and to have their wills not onely of them, but also of all that wish them well, is by their pecuniary charmes, flateries, gifts, bribes, promises, or delusions, to put the officers by their agents upon the invading and infringing the essentiall and common rights of the Army before expressed, which within a little while will beget such pride, scorne and contempt in the Officers against the Souldiers (who to their eternall praises be it spoken, did the work to their hands, and acted at the beginning like prudent and resolved men, when all or most of the Officers sate still like so many Drones and Snekes) as will breed unquenchable heart-burnings in the Souldiers against them, which will speedily draw them into discontents and factions against them, which of necessity wil speedily break out into civil broyls amongst them, & so undoubtedly destroy them: for what occasions all the warres in the world, but invading of rights? And what occasioned all the late broyles betwixt the King and the two Houses, but the invasion of rights? And what hath occasioned the present difference betwixt the two Houses and the Army, but the two Houses invading their rights, and endeavouring to make them slaves, by arbitrary Lording over them, by proclaiming them traytors, for endeavouring to acquaint them with their grievances, and invasion of the common and agreed of rights before mentioned of the privat Souldiers of the Army by the Councell of Warre, &c. will evedently and apparantly occasion the same betwixt the Officers and Souldiers of the Army: And therefore accursed be he that is the causer or contriver of it. For if it be troason in a Kingdome (as &illegible; and Canterbury found it to be) to endevour the subversion of the fundamentall Lawes and Rights of the Kingdome; can it bee lesse then treason in the Army for any of their Officers to endeavour the subversion of their essentiall, fundamentall Lawes, Rights, and agreements expressed in their foresaid solemne Engagements. And truly, being more then jealous, that it was the study, labour and practice of some Officers in the Army, to invade the foresaid rights of the privat Souldiers of the Army, which it continued in, will destroy them, and so by consequence the whole Kingdome and my selfe: For if they doe not deliver us from vassalage, wee are perfect slaves, and so made by the treachery of our Servants, our Trustees in Parliament. And therefore out of love and affection to my native countrey, and my owne Being, I could doe no lesse then by my writing, &c. endevour the prevention of it, and also give a hint of those that my often intelligence told me againe and again, were like to be the most pernitious instruments in it, which is before named. And seeing my writing was to no purpose, nor took not any such effect as I hoped it would, but rather procured me menaces and threats, which I value no more then the wind that blowes, searing no man in the world, nor caring for the favour or friendship of any in the world whatsoever he be, no further then I find him just and honest, at least morally so: And therefore in mercy to my own Being, and the well being of my native countrey, I can doe no lesse then publish the fore-going Letters as an &illegible; to all the privat Souldiers in the Army, and to all their honest Officers, that really, cordially, and heartily desire the settlement of all mens just interest in England, whose principles are not destructive to cohabitation and humane neighbourhood and society, that they may awake out of their sluggish dreames, before their and the Kingdomes enemies surprize them, beat up and destroy them in their quarters; which I am confident will speedily and unavoidably be their portion, unlesse they have extraordinary watchfull eyes over Nico. Machiavils chiefe sonnes amongst them, and preserve their fore-mentioned agreement intire, and doe what they intend to doe quickly and resolvedly, their delayes already having amongst thousands that honoured them, shaken their reputation: And if any &illegible; or varnished Scribe or Pharisee, as tythe monging Noy or Marshall who were principall instruments to bring the Scotch, and the Divels Fetters (the Covenant) into this Kingdome, almost to the ruine (I am sure to the perjury) thereof find themselves &illegible; I desire to let them know, that &illegible; justitia &illegible; Celum is my Motto, and it I perish, it shall be in the following of justice for justice sake.

John Lilburne.

A Copy of a Letter written to Coll. Henry Martin, 2 Member of the House of Commons, by Leiu. Col. Iohn Lilburn Iuly. 20. 1647.

SIR,

YOur Delitory and unjust delaying to make my Report to your House according to your duty, hath so hastned forward the ruin & destruction of me, my wife & tender insants, and &illegible; the House of Lords fast in their tyrannicall domination, That: cannot now style you either a friend to me, the Common-wealth, or to justice truth, or honesty, and of all man in the world I should least have dreamed to have found such unworthy and unjust dealing from you; But yet notwithstanding, by reason of a Paper come from the Army, a copy of which I have even low seen, (which desires of the House of Commons that I, &c. may immediately, and legally be tried, or if the great Assures of the Kingdome will not suffer them to cebatery businesse at &illegible; that them! may be hailed,) I therefore desire you to acquaint the House, that the Law of the Land is cleare and plaine, that the Lords in the case in controversie betwixture and them, have no Jurisdiction at all over me, or any Commoner of England whatsoever, and I have justis protested against them, and legally appealed* above a year ago to your House for justice against their insufferable usurpations and incrochments; (the enjoyment of which is principally hindred by your selfe) and therefore I require according to Law, justice equity, conscience and &illegible; either to be justified or condemned by your House, which is done in an houre there being nothing wanting but your Report of it, and their Judgement upon it. And as for baile, I wil by the goodnesse of God be cut in a thousand pieces, before I will in this case stoop the breath of one heire, or do any act that in my owne understanding shall declare my &illegible; of their Iurisdiction in the least over me, which my giving baile, or so much as my Parroule would do, which in my apprehension would be a granting that their most devillish tyrannicall illegall sentensing of mee, to pay 4000 l’, and to be seven yeares in prison, and forever to be disfranchised of the Liberties of an English man, were just and legall: And therefore if you will discharge your duty after above a years unjust delay in making my Report to your House, I shall yet thanke you but if you will not, the blood, and ruine of mee and mine, be upon the head of you and your posterity, and the righteous and just God of heaven and earth, either incline your heart to make my Report for me now at last (let the issue be what it will be, I care not, as I fully told you in my last large Epistle to you of the 31. of May 1647. now inprint. pag. 4, 5, 6.) or else speedily avenge my cruell suffering (by your means) without mercy or compassion upon you and yours, Sir in short, if your House will (as they ought) give me my Liberty, without intanglements, I will take it, if not, I am resolved to slicke so close to my just cause, till I be forced to eat my own flesh for want of bread, which in the eye of humaine reason cannot be long before I be forced to doe it, but assure your selfe that if the putting forth all there solution in a man that for this ten years, never feared death, tortures, nor sorments; (no, not yet knew what belong’d to base feare,) will save me or do me good, I will by the strength of God leave no meanes whatsoever unattempted or unassaid, though it &illegible; we all the earthy props and relations I have in the world; and I advise you, as a friend, to look well to yourself, & do not continue such insupportable burthens upon mee by your delay of justis, after suffering ship-wracke of my estate and fortunes, by the grand tyrannicall Tyrants of England, for above ten yeares together, as I am not able longer to beare without evident destruction to me & mine, & so at present I rest, & with I could subscribe my self:

Your Servant

John Lilburne.

Endnotes

 [* ] See the last page of the Outcries of the oppressed Commons, and the Resolved mans Resolution. p. 6. 7. 8. 9, 10.

 [* ] Which is very probable: for Peter to save himselfe forswore and denyed his Master, Matth. 26. 72. &illegible; yea, and for feare play &illegible; the hypocrite and dissembler, for which Pant reproved, and blamed him to his face, Galat. 2.

 [* ] See my printed Epistle to Colonel Martin, of the 31. of May, 1647. page 6, 7, 8, 36, 37, 38, & 48, 49, to 56. And see the first part of the justification of the Kings Government against the Parliament, page 3, 4, 5, to the end. And Mr. Richard Overtons Appeale, dated Iuly 1647.

 [* ] Who hath never beene out of the clutches of tyrants this ten years, who have severall times made me spend my selfe to my very &illegible;.

 [* ] The chief of which I conceived to be you & Sir Hen. Lilburn and Soliciter Sr. John, whose aims I conceived are to be Lord Treasures & Lord Keeper, or if they misse of the titles, yet to enjoy the power and profit thereof, or else to be as neare it as may be.

 [* ] For while you sit in the House in silence, and publish nothing to the publike view, of your dislike of the base things that are continually Acted in the House, you are in the sight of men approvers of them all, yes, and treacherous betrayers of your Friends and Country. Who think all is well, because that you are repoted honest men sit there, and they see nothing of your dislike of any thing done there, and

 [† ] For your adversaries in Parliament being so false and faithlesse, as by their constant actions they have declared themselves to bee, they will give you good words, & their faith and promises, to Iust you asleep, that so underhand in the time of your Treaty, they may themselves to be able to cut your throats; which is the daily worke they secretly go about: And then have at you with a vengeance.

 [* ] And this I say to you, that it is but iust and sit that those that pretend to bee reformers, reforme first at home, lest they render them ridiculous to all that seriously look upon their actions.

 [* ] Accursed bee the vote of the House of Commons, which voted you 2500 l. per annum, which vote and nothing else hath kept Manchesters head upon his shoulders.

 [† ] Reade my late Epistle to him, page 1, 2, 3. 4, 5. 6, &c. now in Print. Dated 32. of May. 1647.

 [* ] And by the Law of this Kingdom (which by all your oathes you your selfe have sworn to maintaine) there ought to bee Gaole deliveries three times a yeare, and more oftner if need required, 4. Ed. 3. 2. see the oppressed &illegible; expressions declared. pag. 3. & 4. part. Iustis. cap. 30. pag. 168. 169. And all this is for that end, that the prisoner may have according to the 29. chap. of Magna Charta, & the Kings &illegible; oath) speedy Justice, & not be destroy’d by a long lingring imprisonment, which the Law abhorres, and therefore the late impeached members &illegible; their own case, lately in their petition to the House, tells them, That delayes of Iustice is equally forbidden with the deniall of Iustice, and yet I have above a whole yeare been imprisoned by the Lords, and can come to no triall, though I have with earnestnesse sought it, neither have I any accusation or &illegible; layd unto my charge, or so much as any witnesse or informer to appeare against me, to the transcendent violation of all the lawes of the land, and contrary to all Rules of proceedings in the way of Justice, as the foresaid petitionere averre, who although they bee impeached of treason in the highest nature, and the particulars of their impeachment declared, and prosecuters with witnesses upon oath ready avowedly to make it good, yet are they suffered to walk as liberty by the Parliament, contrary to the declared and known law of the land, and the universall practice of the lawes of the Kingdome in all Ages; yea and their own in the case of the Earle of Strafford, Bishop of Canterbury, Judge &illegible; with many others, who they required and caused immediatly to be secured and imprisoned upon a generall impeachment, without declaring any particulars in the least. O brave iudging Parliament, who have forget to be iust, and visibly mind and practice nothing but playing at Hocus Pocus, and the protecting of treason, cheating, knavery and roguery in each other, for which they deserve the most transcendent punishment that ever amongst men was inflicted vpon Villaines, Tyrants, and Traytors, to their trust.

 [* ] See the 1. part. bo. declar p. 44. 93, 94, 150, 202, 205, 307, 382, 277, 269, 279, 446, 496, 637, 690, 700, 797, 722, 723, 716, 728

 [* ] Which Appeale you may reade in the Free mans Freedome vindicated, pag. 9, 10, 11.

 

9.8. Anon., Vox Militaris (11 August, 1647)

Bibliographical Information

Full title

Anon., Vox militaris: or An apologeticall Declaration concerning the Officers and Souldiers of the army, under the Command of his Excellency Sir Thomass Fairfax in Answer to those common Objections and slanderous aspersions cast upon them, concerning
1. Their Judgement and Opinion about Government in generall, and of the government of this Kingdome, according to the Lawes and constitution thereof in particular.
2. Their opinion touching Church-Government, and the Presbytery.
3. Their Opinion about Tolleration of errour, heresie, blasphemy, Sects and Schismes, and liberty of Conscience.
4. Their Opinion about a learned Ministery, and the maintenance thereof, and about illiterate Preachers.
5. The Aspersions concerning
1. Their obstructing the relief of Ireland.
2. About the King.
3. About their advance towards London. removed.

London Printed for George Whittington, and are to be sold at his Shop in Cornehill, at the Signe of the Blew Anchor, neere the Royall Exchange. 1647.


Estimated date of publication

11 August, 1647.

Thomason Tracts Catalog information

TT1, p. 544; Thomason E. 401. (24.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Vox Militaris, Or an Apologetical DECLARATION Concerning The Officers and Souldiers of the Armie, under the Command of His Excellency Sr. Thomas Fairfax,

IT hath been the common observation of intelligent men, from the various transactions of publique affaires, that the most dangerous designes of publique ruin and particular interests, have been alwaies somented, under the most plausible species of publique advantage and common good, and because mens personall ends of hornour and greatnes, and the generall slavery of this land and Nation could hardly be effected, but by the generall assistance of those very people whose bondage was designed. The bewitching notions of cõmon good, have alwaies been distil’d into the common people to cheat & charme them, into such actions whose proper tendencie is their owne misery: Oh that I were made Judge in the Land (saith Absolom) that every man that hath cause or suite might come unto me, and I would do him justice; to palliate his close designe for the Crown, he pretends not his owne, but the peoples good, and because iust administrations are the Nerves of Government, and every mans Throne is established by righteousnes, hence it is, that the gratious promises of relieving the wronged, executing iudgment, freedom from tyranny, confirmation of iust liberty, a cleere vindication of impartiall preservation of every mans due from the Prince to the Pesant, tis most affecting among the people; that the pressures, miseries, and troubles of our English Nation through the male-administration of the Rulers thereof, were great and many before this Parliament, was confest of all; that a seasonable Parliament (our wonted refuge in such cases) would surely relieve us, was the hopes of all; that the large promises, the frequent protestations, vowes, and Covenants, the sole mne engagments, the gracious beginnings of this present Parliament above all others in the publique interest would make us happie, was the beliefe of all, that our expectations are failed, our hopes vanished, our estates impayred, our treasure exhausted, in the adventure thereof, through the Parliaments excitations to purchase our freedomes, our bloud spilt in the same service, our liberties still infringed, our priviledges obstructed, our oppressions multiplied, our taxmasters increased, and our conditions every way worse, then before this Parliament began is almost the complaint of all. The King was set over the people, the Parliament called by the King, our Army raised by the Parliament, the profest end and designe of all was the Kingdoms good, our present purpose is not to reflect upon any; but to cleere our selves from those scandalous aspersions cast upon us, and false charges made against us, by the tongues and pens of malicious adversaries, and to appeale unto all the world, whether wee have not hitherto manifested not so much by Protestations, vowes, Covenants, declarations, and verball expressions, but by all our constant transactions, councells motions, and endeavours, our reall and cordiall respects unto the publique safety, and whether wee have not sought for this treasure even in our hunger and thirst, cold and nakednesse, seperation from wives and children, pleasures and profits, yea in our owne bloud and miserie, and have reioyced not in the lives of our conquered adversaries (they themselves being our witnesses) but in the publique safety, wherein have been the greatest spoyles of all our victories, where with we have inriched ourselves, that we might serve the Kingdom hath been our ambition, & our prosperity herein our great satisfaction, we have been willing, (yea without regret of spirit) to heare the prosperous successe of our pitched battels, and severall exployts by dint of sword, appropriated to others who have been little more, yea sometimes scarce so much as meer Spectators thereof: and have been dumb while we have been shorne from that cloathing of honour, which God hath put upon us, which hath been taken from us and giuen to others; This unto us hath been but a small thing, neither should we have ingaged so much as the least thought to the mention hereof, nor the vindication of our selves from the slanderous &illegible; & devouring tongues of envious persons, had it a singular reference to our personal reputes, but our tender respects to the Glory of God the credit of the Gospell, and the good of this Kindome, (for the just preservation of whole vndoubted liberties we have ben called together) hath put us the upon this just defence of our persons & practises; we have observed the crafty policy of our subtle enemy, who to render us the more vniversal object of popular contempt hath maliciously invented, & wickedly forged such scandalous reports of opinions and practises to be in the Army, with the approbation thereof, which are most distastfull to all good people, and though we are most confident that our Righteous Judge will cleere our innocency, and impartiall inspectors into all our affaires, can vindicate the same; yet upon severall reasons we have thought it fit at this season to exhibit unto the world our just Apology against them all, and to declare the thoughts of our hearts by way of answer to the severall forgeries of our malicious adversaries.

In the first place it is most injuriously, scandalously, and falsly asserted of us, and that not in corners, thronged Congregations may witnesse against the persons that have publiquely asserted concerning our Army, that we despise dignities, that we are enemies to Government, especially to that which is established in our own Kingdom, and that we would reduce this Kingdom to a confused Anarchy in Church and State, and so we should have every man ruling and no man ruled, and all order ravell’d into ruine.

First, As to Government in generall it can scarce enter into our thoughts, that such a putid insinuation of peevish spirits, and froward minds, can reach the judgements of the lowest sort of ingenious, rationall, and dispations to men, surely they that have observed the strickt discipline and carefull Goverment of our own Army, cannot likely imagine so unworthily of us, we have a little better Government then to declaime against Government, and they are little others then ungovern’d tongues, which speake as they list that assert the same; For our parts our record is on high, and our witnesse is within us, that in the defence of Government in the generall, and of the well constituted Government of this Kingdome in particular, did we at first take up Armes, and are ready to assert the same with the hazard of our lives, this is an old slander cast upon us by the prerogative pleaders in the beginning of these Warrs, whose outcry against us in pulpits, presses and otherwaies was Rebellious Army, factious Army, despisers of dignities, contemners of authority, fighters against Government. It hath been a continued observation in all ages, that those that would tyrannize in Church and State, are most implacable in their ambition, ever branding the withstanders of tyranny with the odious names of contemners of authority, we are not of those that despise dignities being Gods Ordinance, neither are we those that will throw away our liberties being Gods blessing, piety preserves us from the one, and humanity from the other, we are ready to give unto Cæsar that which is Cæsars, due honour, not unworthily slighting his royall right, and unto God the things which are Gods, hearty praise, not prophanly parting without own birthright we would have any Government rather then none, but we are not wilring to part with a good one, withont reluctance, we shall ever grant as the Parliament hath taught us, that the Magistrates whether King or Parliament, are majores singulis, and therefore honour is to be given to whom honour belongs; but we are taught with all that they are minores universis, and therefore we cannot, we dare not basely betray the publike interest which is greater then they.

Secondly, as for the Government of this Kingdome in particular, our hearty desires and resolved endeavours by all just meanes, have ever been and still are engaged to establish the same, that every man from the greatest to the least may enjoy that right and personall due with the wholsome Lawes, and prime constitution of our native Kingdome have conferred upon him, it is the common observation of knowing men that the sinews & ligaments of the Kingdomes Government begin to stretch; if not to crack, the King, the Parliament, the people, complayne of each other, that each hath usurped each others due, the whole Kingdome hath been divided into parts, and parties, and these split against one another by civill bloudy, and desperate warres, the peace of our Kingdome will never appeare till the cause of our ruines be quite removed, oppressions above among the rulers make distractions beneath among the people, whose generall disturbances are the common consequences, but seldome causes of the rulers tyranny, had every man his right, and no man wronged, all would be still, and none would complayne, and therefore the God of our Army which hitherto hath blest us, can witnesse for us, that as to the Government of this Kingdome, our hearty desires are onely this, that the King the Lords, the Commons, and every Subject may peaceably enjoy his own personall and undoubted right.

Thirdly, for the Government of the Church our judgement is this, that Sions walles are not to be layd in blond, but that the God of Peace, the Prince of Peace, the Spirit of Peace, the word of Peace; truth and love will create Temples of living stones, for the Lord of glory to dwell therein; and for our parts we did never engage against this Plat-forme, nor for that Platforme, nor ever will, except better informed; and therefore if the State establisheth Presbytery, we shall never oppose it, onely this we must needes professe, that we apprehended it hard usage, that honest men though never so sound in the truth, harmelesse in their lives, faithfull in their trust, just in their dealings, serviceable to the State, and every way blamelesse in their conversations should be cast out of places of publike trust, inveighed against in Pulpits, Presses, threatned, molested, troubled, because dissenting in judgement and practice from the established Government, the rules thereof they never knew, and the rather considering the long season the Assembly of Divines have been in enquiring, arguing, debating, (not yet as we know of, agreed) about the minde of God in that particular, we could wish withall our soules that the quarrell of Government was more abated and the Doctrines of faith towards God; repentance from dead workes, and love to one another were more advanced; and whereas it is objected against us, that we would have a tolleration of all Sectaries, Schismatiques, heretiques, blasphemies, errours, licentiousnesse, and wickednesses, the same God to whom we must be accomptable for what we assert, can witnesse for us, that we do from our soules abhorr whatsoever in opinion or practies appeares contrary to the wholsome Doctrine; we know that the Abbertors of truth cannot be the assertors of errour, we could hartily wish, that those weapons sanctified by God for that and, were more skilfully, and effectually mannaged to that purpose then they have been, that with the Spirit of truth and meeknesse, errour of judgement and unworthy opinions were all supprest, and to that end we should rejoyce if Ministers and others would admit of free Brotherly Debates, that with light of truth, reason, and understanding, the darknesse of errour and wickednesse might fly away, that men might be thereby rooted and grounded in the truth, and made able to give a better account and reason of their faith, then the Command of authority for what they hold, for as it is too common a practice in these last and perrillous times, for false teachers privlly to bring damnable heresies denying the Lord that bought them; so it is as frequently observed, that the leaders of the people, teach for Doctrine the traditions of the Elders, and are as apt to retayne errours through wonted conformity, as entertain the same through effected novelty; It is sad to observe the late Clerosonformists to exorbitant episcopacy pressing subjection to the established Government, upon payne of the deepest censure of erronius persons, Schismaticks, Hereticks, never instructing the people in the understanding thereof, and though their brethren be otherwayes sound in Judgement, and honest in life yet if dissenting in external formes, how do these breake the knowne rules of mutuall love and amity; stir up the Magistrates, and provoke the people, not to permit their dissenting brethren to live amongst them, and as for those clamorous, reports of wicked opinions, and blasphemies bollerated, countenanced, and nurst in the Army, we looke upon them as malitious Clamours of prevish spirits, scandalously forged to abuse the Army.

If any such be amongst us, it is neither with our knowledge nor approbation, and we challenge our accusers, to discover the offenders in this kinde, upon the detection whereof we make no question, but to give satisfaction to all ingenious and knowing men of our just and Christian proceedings against them; it is true, we have those amongst us called Presbyterians, Independents, Episcopall, Anabaptists, Antinomian, &c. and yet honest, just, valliant, trusty, and well deserving men, and we verily beleeve there is as vast a difference betweene Presbyterians, and Presbyterians in matters of faith and Church-Government, their Bookes and sayings compared together, as there is betweene the most remote of all these, and the truth is, as we have said in matters of Magistracy, so in matters of religion, it is farre better we should have any Religion, then no Religion amongst us, and we had rather that all men in the Army were such, as these are, though differing in judgement in smaller matters then that they should be swearers, drunkards, prophaine persons, against which we beare of no such clamours; surely if these angry men were so zealous for the Kingdome of Christ, as they seeme to be, they would more throughly engage for the suppression of knowne wickednesse, and &illegible; of apparant holinesse which more directly concernes the Kingdome of Christ, and the glory of God, then externall formes, but it is made manifest almost to every eye, who they are which under pretence of the glory of God, the honour of Christ, a happy reformation, suppression of faction, arrour, heresie, blasphemy, Sects and Schismes, do really prosecute their owne designes of honour and preferment, raysing and making the greatest factions, rents, divisions, and Schismes even in the Kingdome; though it be to the causing of new warres, and indangering the splitting it in peeces, for the advance of their own interest and glory; but for as much as thir folly is made knowne unto all men, they shall we hope preceede no further, for the truth is, all men see their practices, and begin to despise the same.

It is yet objected against us, that we despise the godly and learned Ministers of the Gospel in the Kingdome, enveigh against their maintenance, vilifie and conternce the publike preaching of the word, preferring an ignorant, Sottish and illiterate Ministery before that which is learned, and worthy, encouraging simple, shallow, and unable men, to take upon them to preach the Gospel, and unfold the deepe Mysteries of life and salvation, we answer.

There is a complication of charges in this, and therefore we shall answer to them all severally.

First, whereas it is said, that we despise the godly and learned Ministers of the Gospell, (to omit the observation of the very self-same charge by the quondam Prelaticall party cast upon the Parliament, and all those that did joyn in the abolishing Eiscopacy.) We answer, we do not despise Ministers of the Gospell, much lesse those that are godly and learned amongst them; and if so be any souldiers amongst us are guilty herein, we hope the Army therefore is not chargeable for it, we honour godlinesse and learning, especially in conjunction, and above all where they meet in the Ministers of the Gospell, and do wish from our verie soules, that evetie Congregation of our native Kingdome was furnished with an able, godly, learned Minister, it is desperate prophanenesse to despise godlinesse, and no lesse ignorance to vilifie learning especially concentering in a Minister of the Gospell, whose worke requireth the greatest sufficiency of the most excellent, naturall, and acquired endowments, and we say, however the weaknesse of any souldiers in the Army breaks forth in offence this way, yet let not this be charged upon the Army.

Secondly, whereas we are charged of enveighing against their maintenance, we answer:

That this likewise is a calumnie cast upon the Army, for however we cannot but observe and bewaile these partiall and unequall distributions of Ministers maintenance in this Kingdome, some having three, foure, five or six hundred pounds per annum, whose abilities, labours, and charges are verie meane, weake, and small, and others qualified with excellent capacities of godlinesse, and learning, studidious, diligent, and painefull in their worke, having manie of them very great charges, and are not able scarce to put bread in their mouthes, clothes on their backs, much lesse to give their children that breeding and education, and to provide for their comfortable living in the world, which is fit and meet that they should have, their widdowes, and fatherlesse children often readie to starve through want and miserie, however (we say) this observation may not justly cause complaining against the unequall, partiall, and disproportionable maintenance of Ministers, some living in excesse, others more deserving in want and poverty, yet that godlinesse and learning, especially meeting in laborious and painefull Ministers of the Gospell, may receive large and considerable encouragements from the Kingdome is our hearty desires; but wee could wish withall, that if it might be other wales provided, (as we presume it facile enough) that it might not come from the people after that manner that it hath, it is generally observed, that the inforcing of people by way of tythes, or otherwaies to maintain the Ministers, hath caused more suits at Law, raised more differences, prejudiced the operation and effectuall working of the Gospell, then any one thing in the Kingdome; and that want of a comfortable subsistance for the Ministers, together with the manner of their getting into their particular Parsonages and places, viz. by their procuring interest in those Patrons, in whose donation these places are, is one of the greatest obstructions to the Gospels successe: for by this meanes these Patrons and their friends (if rich and great men) are indulged in their evill and wicked lives, the Ministers not daring to deal faithfully with them, for fear of the losse of their livings, and so of starving themselves, wives, and children, the preaching of the Gospell becomes a meer trade, and the Ministers thereof Merchants of the Word, indenting for so much per annune, and leaving their charge upon a better bargain, when it falls out, to the dishonour of God, the scandaling of the godly; we are so farre from envying against or grudging at the Ministers maintenance, that it is the griefe of our soules, that there is no better course taken for their comfortable subsistence then there is, it is the desire of our heares, that the learned and godly Ministers especially may have comfortable and considerable encouragement for their paines in the Gospell, that equall and proportionable to their charges, might be their allowance, yea, that their wideowes and fatherlesse children might be comfortably provided for.

Thirdly, whereas we are further charged with preferring an ignorant, sottish and illiterate Ministerie before that which is learned and worthy, encouraging simple, shallow and unable men to take upon them to preach the Gospell and unfold the deep mysteries of life and salvation: We answer, that the Army is still abused, and falsly charged in these things, it is most true, that our Army made up chiefly of Voluntiers, have amongst them many men, both Officers and Souldiers of considerable birth, breeding, and education, some Schollars and University-men, and many of them of approved piety, and men of parts, who out of pitie and mercy have engaged themselves in scattering the knowledge of God in the darke and ignorant parts of the Kingdome, where men have been as bruitishly ignorant of the knowledge of Christ, as poore Indians, having not heard a Sermon in many yeares, and never knowing more of the Worship of God then the reading and hearing read the Booke of Common-Prayer, by prophane ignorant, and scandalous fellowes, whose depth of learning cannot reach true reading of the English Tongue, and whose lives and conversations, renders the name of Ministers, a scorn and odium amongst the people. We acknowledge also, that some of our souldiers upon the importunitie of Ministers themselves, in places of more knowledge having had converse with them, have improved their gifts among the people. We acknowledge moreover, that through the want of honest, able, and godly Ministers in our Army, the souldiers have endeavoured the mutuall edification one of another, by exhortation on the Lords daies, (without the permission whereof wee should scarce have had so much as any solemne forme of godlinesse found amongst us;) for the truth is, though we heare of manie impleading and speaking against the Army, and of errours therein, and Lay-mens preaching, yet they have not had that care and tender respects to the honour of God, puritie of Religion, propagation of his truth, and prevention of errour, as they pretend unto by their own coming to us, otherwise providing that the Army might be supplied with better Preachers; as for the publike preaching of the Gospell, and that by godly, able, and learned Ministers, it is the desire of our hearts, as we said before, we wish some effectuall course was taken to supply (if it was possible) everie Congregation in the Kingdome: we have heard of more scandalous reports cast upon us, as that we are the onely retarders of the reliefe of Ireland, and that the blood of the poore Protestants there, will be laid upon us, &c. we answer:

That the greatest pretenders to Irelands releefe, have ever been the obstructers thereof; let the world judge, what encouragements we have had to go to Ireland, when nothing but contempt, scorne, and reproaches were cast upon us, even in our owne Countrey, after wee had (through the blessing of God) subdued the enemies thereof; the grievances, troubles, and pressures of the Kingdome greater then when we first tooke up armes, the pay of the private souldiers, and the half pay of Officers, not only unpaid, but our humble addresse unto our Generall by way of Petition, to mediate for our dues with the Parliament in the most inoffensive manner we could suppose, voted against, and we declared disturbers of the peace of the State, and enemies thereunto; if we persisted, though in the most humble manner, to petition for that which they promised to give; and these were the first fruits of performing those excellent promises which were made unto us when we took up arms, the face of authority set against us and those that most faithfully adhered to the Parliament throughout the Kingdome, Cavaliers admitted to sit in Parliament-Committees, made Sherifs, Mayors, Justices of the Peace, by meanes whereof our arrears and rewards for our faithfull and painfull service in the Kingdomes behalfe were like to be paid to all of us (as they were to some) by imprisonments, troubles, perplexities and the gallows, were these encouragements to engage us for Ireland except it should bee to escape hanging for what wee had done for the Kingdome of England?

Again, could it be imaginable that this Army or any considerable number thereof could be drawn away to go to Ireland under the command of such Commanders and Officers as were appoynted; for (excepting Major Generall Skippon) they were not onely strangers, but some of them dis-affected to this Armie, as we can easily prove, yea have stirred up the people to raise an Armie for our destruction; was it likely that these men should ever encourage any considerable part of this Armie to go with them to Ireland? let heaven and earth and all the common principles of equitie and conscience judg between us in this particular, had our Armie been kindly treated withall, wee beleive, it had been no hard matter to have culled out a sufficient number of able valiant and faithfull Commanders from this Armie who would quickly have gathered a sufficient Armie of honest trustie and voluntarie souldiers throughout this Kingdome, who through Gods mercie might have been the happie releife of that bleeding Kingdome, and have left here a sufficient strength to preserve the peace of our own nation, suerly this was not the way to relieve Ireland, not only to call back noble and worthie men sent thither for the reliefe thereof who began to displace prophane and loose Commanders setling honest and faithfull men in their roomes, but also to exercise all kind of discouragements against those whom they intended to solicite for the reliefe of Ireland.

It is yet further objected against us that our refusing to disband is absolute rebellion, that we contemne that authoritie that raised us up, that wee take the same course against the Parliament by demanding severall members thereof to be secured as the King did in former times, that we have seized upon the King to drive on our owne ends, some affirming that we intend him mischeefe that so we may be rendred obnoxious to all the Kings friends; others urging it against us as matter criminall base and hipocriticall that we should turn Royallists, that wee may bee rendred offensive to another partie, and lastly that our intents in drawing neer the Citie is to advance our selves with the plunder and riches thereof to destroy the Presbyterian &c. to which wee reply:

First as to that part of the objection which calls our refusing to disband Rebellion, contempt of that authoritie that raised us up, wee answer that a non-subjection to every command of the Parment is no more rebellion against the Parliament, then a non-subjection to every command of the King was rebellion in the Parliament against the King, wee hope the Parliament did not intend that our ruine and destruction should be the reward of that peace and preservation which (through God) wee had purchased for them, wee are souldiers, wee are subjects, and let us be considered as souldiers and subjects, and our case in these two respects rightly stated; and then wee appeal to all souldiers, to all subjects, whether as the case stood, wee had reason to disband notwithstanding the command of Parliament: first as souldiers, our case stood thus:

First our arrears (notwithstanding dearely yearned) were not paid us, wee appeale to the most bitter Enemies and malicious adversaries that wee have, did wee not deserve that which was our due? have wee made a prey of the Kingdome, or a trade of war? let &illegible; it selfe charge us with false musters, by our Officers if it they can, with omitting any opportunity which (to our knowledge) was ever put into our hands of making hast to end the wars, let any of us bee charged with enriching our selves with the plunder, and ruine of our friends or Enemies, God and our consciences know with what zeal and affection, for the Kingdomes good, we left our estates trades and callings, wives and and children, how many of us spent our estates and how often many poore souldiers have come home to their wives and families, friends and kindred, to furnish themselves with cloath and monies that they might not be chargeable to the poore people where they have been quartered.

Secondly, our Arrears were not onely unpaid, but our accounts were not audited, debenters given, nor any waies established, that ever we should recover the same; let the world judge, was ever an Army so provoked? we must neither have our present moneyes, nor hopes of any.

Thirdly, we have not onely been strip’d of our subsistence, denied our &illegible; but our verie lives themselves threatned, and under hazzard for what we had done for the Parliaments service, an act of indemnity not confirmed, nay contempt and reproach was cast upon us, for so much as desiring the royall assent to such a necessarie act, and because equitie and reason required an Ordinance for the same purpose, an Ordinance of Indempnitie indeed was granted us, but so qualified, so disposed, (wee doubt not through whose influence) that it plainely appeared to reasonable men, a meer baffle, a pure nullitie, and not so much as the least securitie; so that this was our case as souldiers, (to omit those unparallelled dishonours by disbanding us by peece-meals, verball reproaches and base language cast upon us in Pulpits, in print, &c.) we must disband, starve, and be hanged, and our non-subjection to the Parliaments Order necessarily leading us into this condition, is objected against us as high rebellion.

Secondly, let us be considered as free Subjects, and let the word judge whether we had reason to disband (notwithstanding the command of the Parliament.) For,

First, we were not meerly mercenarie souldiers, brought together by the hopes of pay, and the fortunes of warres, the peace of our Countrey, our freedome from tyrannie, preservation of due libertie, administration of judgement and justice, the free course of the Lawes of the Land, the preservation of the King, the Priviledge of Parliament, and Libertie of the Subject, were the maine things which brought us together, and which have ever been in our eye, Vowes, Covenants, Protestations, and manie other engagements, have been imposed upon us to doe our endeavours for the accomplishment thereof, and whether these things be setled amongst us, let every man judge: we know it is objected against us, that our late proceedings have a direct reflection upon Parliament Priviledges: but we answer,

First, that we would gladly know the Priviledges of Parliament, that we and all the Subjects may be tender of them.

Secondly, we presume the Parliament hath no Priviledge directly destructive to the rights and dues of the King or people; for the Parliaments Priviledges are either bestowed upon them, or assumed unto them; if bestowed upon them, it must be by the King or people, or both, it must be presumed, that neither King or people, would conferre a Priviledge directly destructive to the dues or rights of the one or the other, or if they did, they may be re-assumed by the same hands that did first bestow them; it Parliaments Priviledges are made by themselves, it is presumed, they cannot be such as carrie in them a direct tendency to the peoples hurt, if they doe, the knowne Rule distilled into us, by their own expresses, must take place, viz. it is not Salus Regis, but Salus Regni, neither is it Salus Parliamenti, but Salus populi suprema Lex; but it is still objected, who shall judge what is for the peoples safety, a Parliament, or Army, &c. we answer:

First the former Declarations, Votes, Orders, and Ordinances of this verie Parliament doe containe the things that we contend for, we desire nothing but what their own selves have declared to be our right, and have promised to establish.

Secondly, let the whole Kingdome judge in this case, whether the Parliament should not performe their promises, relieve the oppressed, see true judgement and justice administred, and let the people judge if these things be performed.

Thirdly, let reason judge, whether this be for the safety of the Kingdome and the &illegible; affected therein; that Commissioners of Array, and those &illegible; &illegible; assisted in the late warres against Parliament and Kingdome, by personall hostility, lifting horse, or by armes, moneyes, or any other waies, have endeavoured our ruine, should now be admitted to sit in the Parliament, yea in such a number, as to over-vote that Partie, who steered the late Parliamentarie affaires &illegible; the common interest; and through the blessing of God upon their faithfull endeavours, did promote the same. Let reason judge, whether Striplings, who (by the Lawes of this Land) ought not to dispose of twelve pence of their owne estates, be capable or fit to sit in Parliament; to order the great affaires of the Kingdome, and to dispose of the estates of the whole &illegible; And &illegible; reason judge, whether an Army raised up by authoritie, having Protestations, Vowes, Covenants, and authoritative Ingagements laid upon them to do the utmost in their power to settle the peace and quietnesse of this Kingdome, to preserve the person of the King, the Priviledges of Parliament; and all &illegible; in subordination to the just Liberties of the People: to withstand the powers and policies, the endeavours and councells of the Kingdomes enemies; whether such an Armie ought to disband at the bare command of the Parliament, which command is procured by the advantage of those persons surreptitiously crept in, who ought not to be there, and whose former practises have strenuously been ingaged against the Kingdome, and whose present proceedings have a constant tendency to the Peoples miserie, especially considering the generall requests of the People of the Land to the said Armie, not to disband till these things be reformed, and no other remedie appears for their safetie: and if this be not our case, let the world judge. In doubtfull matters let the Parliament judge, but in plain cases let reason determine. Let heaven and earth judge, what is become of those infinite and vast sums of moneys many waies collected for publike use: let common observation judge, what kinde of men are put out of places of publike trust, and what manner of persons are put in their roome in the great City and Kingdome. Let the Petitions and complaints of the honest and well-affected party throughout the Kingdome judge, whether the case stands with them now, as it did even severall years after this Parliament began, when one or two honest men in a Parish could be able to cast out their scandalous Minister by their addresse to the Paliament, notwithstanding the power and opposition of manie great men, and now twenty honest men cannot put out a loose Minister, nay hardly keep out those from re-entrance which were first cast out by the Parliament; and what is more common then either the returne of scandalous Ministers to their own places againe, or their admission into other better and fatter livings then they formerly had? Let everie eye judge, whether manie Parliament-men have not lost their first love and zeale for the common interest of this Kingdome, and have drowned the remembrance thereof in those waters which drive their owne mill.

Whereas it is further added in the objection, that we take the same course against the Parliament, by demanding the Members, as the King did in former times, by demanding the five Members we answer, that the case is extreame differing: For,

First, the King sent a Sergeant at Armes to demand them at the House, and to arrest them and take them into possession; this is not our case.

Secondly, the King came in &illegible; &illegible; great multitude of men, with &illegible; Swords and &illegible; to take their away by force, we desire the Parliament to secure them themselves.

Thirdly the King proposed their triall according to the Lawes of the Land by Judges, &c. we desire their triall in a Parliamentary way, to be tried even by the Parliament it self.

Fourthly, little securitie would be given, that the five Members could escape their lives, if they had been apprehended by that rude and tumultuous company, untill such time as they had been tried, they were in danger of murther by that tumult, we desire the preservation and securitie of their persons by the Parliament it selfe, so that there in a vast difference between these cases.

Again, whereas it is further objected, that we have seized upon the Kings Person, to drive on our owne ends, intending him mischiefe say some, we answer, that as to the seizing upon the Kings Person, we have given sufficient accompt in our former papers, both as touching the manner and reasons thereof, as for our intentions of evill against His Majestie, we have likewise cleared our selves: and that we intend him, and desire his settlement in his due proper-right, (the securitie, peace and safetie of the Kingdome being carefully provided for) appeares not onely by our severall papers to that purpose, but also by our desires of his royall assent to the passing an Act of Indempnitie for us, which presumes him to be in a capacitie so to doe, and our desires hereof; as for those scandalls cast upon us by others about the King, that we basely and hypocritically turne Royallists for our owne ends: We answer, that we are the same that we ever have been in that point; for we never took up Armes to destroy the King or Royall Posteritie, but to rescue him from the hands of evill Councellors, protect his Person, and bring him home to his Parliament, which we are readie to doe, (the settlement of the peace and safetie of the Kingdome being first provided for:) and in the last place,

Whereas it is yet further objected against us, that our hovering about London is for to enrich our selves with the spoiles thereof; we answer,

Let all the world judge whether there be any probability of such things as these:

First, there are verie few of us, but have most of this worlds interest in the Citie of London, being chiefly and principally raised thence, and verie many, especially of our Officers being Citizens themselves, having their wives and children therein.

Secondly, Let our very enemies judge for us in this case; let Bristoll, Portsmouth, and other palces which God hath subdued under us speak, whether we have enriched our selves with the ruines of our adversaries, or whether we have delighted in their blood, when both lives and estates have been in our mercy, and we might have made prey of both without any great reflection upon the honour of souldiers: nay, let the whole Kingdome judge, friends and foes, whether we have not endeavoured all that we could, to put an end to these wars with as little blood-shed and ruine of the people, as it hath been possible a businesse of that nature could likely be effected.

Thirdly, can wee be thought so void of reason or judgment as to suppose a possibilitie of plundering London with our Armie, though it were as big againe as it is, after so many professions of respects to the City as we have made, would not all our friends turn foes, and the whole Citie as one man oppose us, could we not in reason expect, that through the curse of God, and the endeavours of the people, we should all perish: however therefore the passions and jealousies of some may transport them, the malice and envie of others may abuse us by their diligent endeavours to fill the people with evill surmisings against the Armie; yet let all experience, reason and judgement take place and act like themselves in the thoughts of men; and our candid and upright intentions will appear before them, and as our present comfort is that knowne unto the Lord are all our thoughts, so our confidence is, that God will cleare up our integritie as the noone day, and will shortly stifle the evill thoughts and muzzell the mouths of all our adversaries, and throughly effect and accomplish for us the desires of our hearts, which are, that the King, the Lords, the Commons, and everie Subject may injoy his owne proper and undoubted right, and this poore, shaken and trembling Kingdome may be established in peace and quietnesse.

EINIS.

 

9.9. A Dyer, Study to be Quiet; or a short View of the Miseries of Warre (16 August, 1647)

Bibliographical Information

Full title

A Dyer, Study to be quiet: or, A short Vievv of the Miseries of Warre, with the Necessity of Peace. Also, the Character of a Peaceable Man: whose Motto is, I am for peace, Psal. 120. vers. 7. By a Dyer.
London, Printed for B. Alsop, 1647.


Estimated date of publication

16 August, 1647.

Thomason Tracts Catalog information

TT1, p. 545; Thomason E. 402. (5.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

A short view of the Miseries of Warre, and the necessity of Peace.

O England! thou hast need to study to be quiet; truly this work is a very seasonable worke, especiall in these times of distraction; but if not considered it will prove thy utter ruine, whereof in some part thou hast already felt: Let all therefore as one man, from the greatest from the greatest to the least, both Prince and Subiects, Noble and simple, Church, and State, Iudges and Councellors, Lawyers and Clients, City and Country, Ministers, and people, Parents and Children, Masters and Servants Rich and poor, (let all I say) learne this lesson, to study to be quiet; and not onely learne it, but put it in practice, Nature teacheth us, especially holy writ commands us this duty: of studyng to be quiet: in which there are such infinite Exhortations, and Incitations, to this worke, of quietnesse, Peace, Loue, Unitie, that had I the tongue of men and Angels, it were imposible for me to declare or set forth the worth of it: and that I may spur you on to this duty; of studyng to be quiet: let me give you a little instance of the miseries of Warre; that you may with a more ready and willing minde, sue for Peace and study to be quiet. What desolations hath Warre brought in other places, Countryes & Kingdomes: we our selves are sensible in some measure of it, for have we not heard the murthering Cannons about our eares, &illegible; not our houses him burnt, and Churches spoyled, the worship of God neglected, have there not him Rapes and outrageous violences committed upon our Wives and Daughters; and had we not need to study to be quiet; have we not seene our goods taken from us and our houses ryfled by unruly souldiers? Have we not heard the cryes of the wounded, the fields and the high wayes scatred dead carkasies, have we not heard despeiate souldiers cry kill, kill; was not the young infant &illegible; from the Mothers brest and throne against the stones, or tossed on the top of pikes? have we not seene men and horses wallow in their bloud: and had not we need study to be &illegible; could the Country man follow the plow where an Army was, did they not leave soing; was not the standing corne burnt downe, or troden under feet, or eaten up by horses, was not the cartell destroyed, and wast made of that which was kild and of all other things, a way to bring in a famine; and had we not need to study to be quiet: what profit is got by Warres, the Lawes are silent, outrages are committed, trading ceaceth, want increaseth, learning abolished and almost all manner of fin perpetrated; the son feares not his Father, nor the servant his Master and should we not study to be quiet againe? here cryes the Wife for her dead husband, here a child laments for his Father, and a Father for his child, for how many are the Fatherlesse and the widowes: heres one lyeth kild, another hath his braines shot out, a third lost his arme, a fourth hath lost a leg and a fist hath a bullet shot in his body and cannot be got out and indures a world of misery; some can neither dy nor live, with an infinite other calamities that follow, and whose heart would not lament and mourne to sea and heare these things, and to behold such sad spectacles: and had we not need to study to be quiet: and finde out a way that our miseries may be put to a period, that every one may sit under his own Vine, and eat of the labour of his hands in peace and quiet, with giving thankes to God: for which peace and quietnes let us all pray: In the meane time, although I cannot finde out a way to end our troubles, yet I will describe to you the character of a quiet man, by whose example every man may study to be quiet.

The Character of a peaceable and quiet man.

THis Study to be quiet, is a theame

That all should learne it is so sweet a streame,

And where this peace and love goes hand in hand,

All things are there, and what you can demand:

But where ruffe waters, troubled Seas do rore,

There quietnesse is shut cleane out of dore:

Then study to be quiet, I you wish

Or else twill prove a very unkind dish;

And that I may describe to you the man

That studies to be quiet, loe here than

He is portrayed to you here in briefe

Of morrall men we may esteeme him chiefe,

First, it is he that twixt God and his soule,

Hath made his peace, and doth upon him roule,

That hates all sinne, and wickednesse, and why?

Because that God is much displeasd thereby.

Next loves his Neighbour even as himselfe,

And cares not for the world, and all its pelfe,

That at Gods glory chiefly he doth ayme,

Thats no self-seeker, such let no man blame,

That is content with rayment or with diet,

That is that man, that studies to be quiet,

That speaketh truth, and of a christian temper,

Thats slow to wrath, and is eadem semper,

Whose eyes not wanton, nor whose eares are itching

For novelties, whose heart is never wishing

For others wealth; nor yet it ever idle,

But well employed, and doth alwayes bridle

His mouth and tongue, that they do not offend,

That never sweareth, though it were for his end.

That beareth all things with great patience,

Within whose breast remaineth innocence;

That gives no care to every idle talke,

And in his Calling consciously doth walke,

Whose Natures mild, and loveth no division,

That is no scoffer, hateth all ambition,

That puts up wrongs, and gives to all men right,

Seekes no revenge, though others seek to fight,

That doth not covet, is no Hypocrite,

That beares no malice, anger, nor yet spite,

That is not curious, jealous, or unkind,

That is not proud, but of a loving mind,

That is no Swearer, nor no drunken man,

Nor uncleane person, say the worst who can,

That feareth God, and doth obey the King,

Loves truth, and peace, more then an Earthly thing;

At such a man I never will invie at

That dayly thus doth study to be quiet.

Marke the perfect man, and behold the upright, for the end of that man is peace.

The peaceable mans Motto.

I am for peace.

WElcome sweet peace, our second sister, that

Hath nourisht us with her sweets and her fat,

Her plenty and prosperity, and wealth,

Her choycest riches, to preserve our health,

By whose blest meanes, each one so fruitfull growes,

What tis to want (where peace is) none scarce knowes.

Why should we kick at her whose breasts we suckt,

Why should we fight ’gainst her, who hath us pluckt

From violence, and us preserv’d from Fees,

From the rage and malice of all those

That seekes our ruine: oh let love increase,

For where tis wanting no man is at ease:

Come peace, let us embrace thee in our armes,

Where thou dost dwell, there is no thought of harmes,

For love is with thee, thou to all good-will

Dost beare, and thou to no man thinkest ill:

Why shouldst thou be a stranger to us now,

Of stay we pray and we will make a vow

To be at one with thee, weel have no thought

Of rancker, hate, or any thing thats naught:

Well! she will stay, I’m glad we shall have peace,

Make much on’t now, tis time that warres should cease,

We have enough on’t; peace is earthly blisse,

For truth and peace shall one another kisse:

Loe then heres peace, the mistris with her maiden,

Love, Unity, and Concord richly laden,

With all good things, behold the Earth is full,

And we our laps full here and there may cull,

Of her attendants, that peace with her brings

In such abundance as is fit for Kings.

Thrice blessed are thou, peace, that sweetly crownes

Our Land, our Cities, Villages and townes,

That fil’st our barnes with corn, our stalls with hay,

Our Orchards, Garden; Cloathes with flowers gay,

Our sheep with wooll, our Oxen stout and strong,

Our Ponds, our Rivers, sweetly rune along

Where Fishes sport themselves, yea in the fields,

The Birds do sing and pleasure much it yeelds:

There be trees laden withall manner of fruit,

There is no person that hath any suit

At Law, but all desire to live at case,

Our Corn and Cattell brings us great increase,

A hundred fold, for here is no complaining

We are all in love, not one sinne now is reigning:

With these, and thousands more, men may delight

Themselves, and sollace with the care and sight:

Here the brave Courtier, and the mighty men

For recreation may come now and then,

And take their fill of what sweet peace doth yeeld

Ich Ayre, ich waters, or within the field;

The meaner sort with those of low degree,

May come and share with these we dayly see,

They have as great an interest as any,

Provided alwayes that they have but money.

Peace is not partiall freely she imparts

Of her abundance, comforting mens hearts:

Where peace doth dwell, and where the land hath rest,

There is no fear or sorrow to molest,

Or vexe or fright us, there’s no hideous cryes

Of wounded men, or dead before our eyes,

Where peace is queen, no Drums nor Canons core,

No sword is drawn, that kills both rich and poore,

Here’s no destroying corn, or grasse, or hay,

Here is no firing houses all the way,

But all is quiet, each man in his calling

Doth follow closely, neighbours are not brawling

With one another, but do live in love,

This is that blessing that comes from above,

And that we may thus live in joy and peace,

Pray our Peace-maker that our wars may cease:

But &illegible; that any herein I displease,

Let whose will be for warre, I am for peace.

FINIS.

 

9.10. John Hare, St. Edwards Ghost: or, Anti-Normanisme (17 August, 1647)

Bibliographical Information

Full title

John Hare, St. Edwards Ghost: or, Anti-Normanisme: Being a patheticall Complaint and Motion in the behalfe of our English Nation against her grand (yet neglected) Grievance, Normanisme.

Quaenam (malum) est ista voluntaria Servitus? Cicer. in orat. Phil. I.

London, Printed for Richard Wodenothe at the Starre under Peters Church in Cornhill. 1647.


Estimated date of publication

17 August, 1647.

Thomason Tracts Catalog information

TT1, p. 546; Thomason E. 402 (10.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Ad Lectorem.

Reader,

Being written Anno Dom. 1642.THis Essay having long waited for roome and free audience on the publick stage, doth now appeare; if thou hast a mind to quarrel with it, it must be against the matter or the forme; against the matter thou who art English canst not without betraying either thine ignorance in not knowing thy Nations dearest* Rights, or thine impietie in opposing them; being no other then what she injoy’d and joy’d in, till she lost them by* perfidious Robbers; But if it be the forme that thou disrelishest, I confesse it needs much favour,See pag. 15. and therefore should gladly have seen thee or some other to have prevented it with a better; yet for thy better bearing with the prolixity of the historicall part of it (occasion’d by the copiousnesse of the subject worth and opposite arrogance,) thou maist remember that it was King Ahashuerus his choice recreation to review the Acts of his Ancestors, and that the Jewes could heare even Saint Steven reciting their high Pedigree, patiently; however, it shall suffice mee in this businesse to have attempted to have done worthily, and I doubt not but every true English-man will not only indulge the works weaknesse, but also lend both his heart and hand in all lawfull meanes toward the accomplishing of its* Demands,See pag. 19. as without which obtained (at least in a good degree,) this Nation can never be Honourable nor (consequently) Happy. Vale.

John Hare.

Errata.

Page 1 line 8 read magnanimity, p. 2 in margine r. vide &illegible; ibid. l. 20 for right r. weight, ibid. l 21 r. sulphureous. ibid. l. 27 r. ingenuous p. 3 l. &illegible; r. unnatural’d. p. 9 l. 9 r. Cimbri p. 7 l. 1 r. symptomes ibid. in margine, for subject r. &illegible; ibid. r. Excrescentia. ibid. l. 19 r. recerdeth. ibid. l. 25 r. confest. ibid. l. 27 r. their. ibid. l. 38. r. activenesse, p. 6 l. 14 for of r. &illegible; ibid. l. 16 for is r. are. ibid. l. 26 r. &illegible; p. 13 in &illegible; r. &illegible; Prater alia leviora.

Saint EDWARDS Ghost: OR, Anti-Normanisme.

Exordium.WHile I behold and revolve the great and laborious inversions and eversions of things effected by the representative body of this Kingdome in this and precedent Parliaments,Viz. The abeting of Prerogative, abolishing Courts, Monopolies, &c. with that liberall and vast expence of English bloud, lives, labour and cost, which with the height of animosity and seeming magnamity, former generations have bestowed, and the present doth not spare in asserting the publick causes of this Nation, and all excepting whats about some Ecclesiasticall nicities, for the securing (or enlarging) of our Estates and Priviledges from domestick oppression, and concentred in the object of ease and commodity, and such like petty advantages; I cannot but with shame and greise of mind look upon the genius of our Nation,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. as seeming to have transmigred from that metamorphosed Prince of Chaldea, who being transmitted from the top of humanity into the condition of beasts of the field for a great part of his ensuing age, made fodder and other brutish accommodations the proper subject of his content and contentions, not harbouring in the meane time a back-looking thought towards that Royall Estate, by the possession whereof hee had been once the most eminent of the mortals of his age; or as resembling some strange Heros, who being captived and marked for a slave, should have his senses so captivated also, as to be more ambitious for to bee chamber’d in his Iayle, and to glister in guilt fetters, then to be restored to his lost freedome and reputation, contending with earnest extremity for the one, but not breathing so much as a wish for the procurement of the other.

The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it.That this is our case I would that the heavy long and everlasting, (heaven grant not everlasting) groans of the hereditary Libertie and Honour of our Nation, (the choycest and most essentiall fundamentals of her temporary wel-being, and the most precious part of her earthly Patrimony, the happy ornaments of her youth) long since overthrowne, and for many ages together, lying patients most wretchedly under a masse of unworthy oppression, did not too evidently evince, whilst wee (her sonnes) in the interim sparing no endeavours in the behalfe of our lesse valuable rights, are in this respect so stupidly senselesse, that whereas wee have cause enough with that Ætuean prisoner Enceladus (the eternall monument of dejected greatnesse) to testifie the right of our disgraceful burthen with fiery sighs and sulphurous blasts of indignation;2. Virgilium. Ænead. 3. wee contrariwise are so farre from any reluctance as to lie in a dead sleep under it, as under our grave-stone, having inscribed thereon the Epitaph of our honour in red letters of shame, not daring, or not willing so much as to breath forth a complaint, or to wish for a removall of that, then which there is nothing under heaven more insufferable to ingenious men, and to such as would be accounted other then the progeny of Cham preordained to servility.

The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it.This mountaine of dishonour which the English name hath so long groaned under, and yet we have never once adventured to complaine of, much lesse endeavoured to remove, is no other then that infamous title of a conquered Nation, and that by so infamous a conquest; but more especially the still visible fetters of our captivity, the evidences of that title; those forraigne Lawes, Language, Names, Titles and Customes, then introduced, and to this day domineering over ours, our stupid degeneratenesse consists in this, that in all our contentions by pen or sword, in all the essayes of our Poets or Orators (excepting some few, whereof Verstegan deserves to be memorized) I could never yet find any considerable endeavour for our vindication from this thraldome and disgrace, but rather like tamed Creatures or unnaturall &illegible; wee sooth and applaud our selves in these gyves and servile robes as patrician Ornaments;Viz. Some Poets and Heralds. and (that which mee thinks no true English man can observe without indignation (many of those that would be accounted to have honoured our Land with their pens, have placed that their honouring us for a great part, in celebrating the glory of that Normanisme and Francisme which the desert of our sins hath inflicted on us, and seeme to have sacrificed their love and duty to their owne Nation, together with their discretion for an holocaust on the Altar of that name, which is diametrically enmity to the English; and such are those that ascribe so much worth to the Normane bloud, and strive to pen up all nobility and gentry within the accursed Catalogue of those names that came from the gallick continent.

Indignities that merit a Lucans genius and Tullies &illegible; viz,Ejusdemtalerati &illegible; to lay open and explode them; But since the such of this Nation contrary to my perpetuall and earnest wishes and expectation, are undutifully silent herein; duty to my countrey shall make it no indiscretion in mee to undertake the taske, though (alas) performing it rather by an intimation then due illustration of the truths which follow.

1. &illegible; &illegible;There is no man that understands rightly what an English man is, but knowes withall that we are a member of the &illegible; Nation, and descended out of Germany; a descent so honourable and happy (if duly considered) as that the like could not have been fetched from any other part of Europe,1. A Claritate generis &illegible; nor scarce of the universe, which will be plaine and manifest if we take a just survey of the gloriousnesse of that our Mother Nation, and that in the sundry respects of her ancient and illustrious Originall,Historia gentis Teutonice. her generous qualification and &illegible; and &illegible; nature; her atcheivements, domination, greatnesse and &illegible; her Majesty and other heroicall points of excellence, wherein shee is so &illegible; and which make her so Princely,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. as that no other Nation in every respect (the &illegible; excepted) may without arrogance dare to compare with her.

To begin with her Original of it, I may say as Virgil of Fame, Caput inter nubila condit shee is a primitive Nation, and vaunts her descent to be from no other place, then from the top of Nimrods Tower, where was made the first division of mankind into Nations; shee derives not her selfe (like those of her Neighbours that boast so much of their great birth) from the conquer’d relicks of ruined Troy; whence also Virgil took so much paines to deduce his Romans,Ajusdem antiquitas. or from any other Nation, but as most conceive the first transmigration that the Teutones made, was (as is aforesaid) from the building of Babel, from whence they were conducted by the great Tuisco (whose name they still retaine) and placed in those seats, which they have not only ever since defended against all invaders and intruders, but also most notably inlarged the same upon their Neighbours; others in more ignorant times, conceited they had their Originall and Spring (like the Gyants,Tacitus, &c. Myrmidons, Cadmus his new men and other warlick breeds) from the soyle and earth under them, as which was never known otherwise then appropriate to their name and possession.

To this Antiquity of the Teutonick house,Prænobilitat seu Protogenia. there wants not a conspiring quality of bloud effectual to make it the most illustrious and primer Nation of Christendome; For Gomer Japhets eldest Son is acknowledged by Historians to have been the first King and Possessor of Europe, whose heyre and first borne was Askenas, the father & denominator of the German Nation; the Jewes at this day calling the Germanes Askenites, and the Saxons (our Progenitors) as the most noble tribe, still retaining (with a little Metathesis) as well the name as bloud of the same Royall Patriarch, but whether he were one and the same with Tuisco, or else his Progenitor, is left uncertain.

For the generall qualification of these our Ancestors,Genii excelsitude. it hath ever spoke them to be no other then the true Sonnes of Tuisco, that is of Mars (as some interpret him.) The first character that was given of them to the world, was by great Alexander himselfe, and resulted from that compendious discourse betwixt him and their Ambassadours; when upon their worthy Answer to his proud question, (as the supplement to Curtius his History recordeth)Germanos superbatesse. he pronounced them an haughty and cavaliering Nation, envying that any should bee as magnanimous as himself.

Bellicositas seu Præstentia animi Carporisque cum rebus gestis.The next light that was given of them to the southern world was in lightning terror; this was by that fam’d expedition of the Cymbri and Teutones peculiarly so called, when as those our more immediate Ancestours, wanting elbow-roome in their native Countrey of Low-Germanie, and the Cymbrik Chersonesse, undertooke in a party of 300 thousand adventurers to seek and mend their fortunes in forraine Countries; the first Countrey they tooke in their way was France, then called Gaule, a Countrey preordained for the exercise and subject of our Conquests, and bearing a Nation at that time esteemed the Paragon of the world, and for strength, valour, and numerousnesse invincible; this France and French Nation till then unconquered and in their maiden glory, that Almane Army overran, subdued and trampled under foote, thereby leaving to us the progeny of their Nation, the prime right and Title of conquering them againe; this Province being ransackt, over the belly thereof those second &illegible; bore on their uncontrolled March towards the Alpes and Italy, where lay the terme and scope of their resolution and designe, which was to try inisteries with Rome for the Empire of the world; Rome was not then in her infancy, under the displeasure of heaven, and propugned by a disorderly and unskilful multitude as Bremem found her, but flourishing in the height of her fortune, strength, and youthfull vigour; her Discipline unmatchable, her Armies almost invincible, and those mannaged and conducted by the greatest Generall of that age Caius Marius, so that well might these positive advantages concurring also with sundry accidental ones (which last were indeed the most efficacious occasions of the event) lend the Romanes the fortune at that time over those our Ancestours; but although by the disposition of the supreme Will they sell short of their designe, and left the honour of Romes destruction for some others of their Countreymen, in Subject the Goths.ensuing ages; yet did they shew forth such famous sumptomes of more then human daringnesse and abilities, that the affrightment which they case before them, shoke all Italy, and loaded the Romane Altars with prayers at that time, and long after with praises to their deities, for the deliverance of their City from so formidable an invasion, a deliverance that endowed Marius with the preeminent name amongst Romes preservers, as being from the invasion of such whose performances proclaimed them a Gigantean Army, and the most valiant men that ever the Romanes had to deale with.

ExcerscntiaNeither did our Ancestours glory faile to increase with the increase of time; for the next age produced Ariovistus, with his martiall Army from Germany over the Rhine to the second Conquest of France; so that twice was that Nation subdued and broken by our Ancestours the Teutones, before ever the Romane Eagles durst assaile it; and had not the Romanes then interposed all France as well as Belgia had long before the time of Pharamond fallen into the Germanes possession, these Germanes at that time (as Cæsar recorded) had the French in such vassalage and subjection as that they durst not so much as mutter out a complaint, or petition to their Romane friends for reliefe against them; nor did the French who had beene accounted of all Nations the most valiant in that age, presume in any sort to compare themselves with the Germanes, but (as the saine great Authour witnesseth) consist in plaine termes that they were not able so much as to withstand their fulminating after; and by the reports of the Germanes formidablenesse, (concurring with the Cymbrick memory) so scared even Cæsars Legions, that all his Centurions fell to a disposing either of their persons to a more security by flight, or of their estates to their friends by Testament; and whosoever surveyes the writings of Cæsar, Tacitus, and other Romane Authors of those times, no lesse eminent for judgement then Authority, shall find in them the Teutones our Ancestours to have been alwaies accounted (in effect) the Anakitish and most souldiery Nation of the world, and for personage the floure and quintessence of mankind, chosen and advanced above all Nations to the dignity of the Cæsarian Guard; by nature consecrate to heroick atcheivenesse, disdaining other then sanguinean desudations, and who during the whole age of the Romane Monarchie resisted the violence thereof, and was as often invaders as invaded.

After the dissolution of the Roman Empire,Exundationes. how did the Teutonick glory and puissance break forth and diffuse themselves; the Germane Colonies filled all Europe; the Frankes seized upon the transalpine Gaule, sithence from them named France; the Lombards upon the other Gaule afterwards called Lombardy; the Goths on Spaine, and the Saxons or English, (our peculiar Progenitors) in a more plenary way, upon the best part of Britaine which we now possesse, to which wee have since also added the command of the Welsh, Trish and Scots, so that in all the Regions aforesaid of the Soveraignty and Royalty, so also most of the Nobility, and in England the whole commonalty is Germane, and of the Germane bloud, and scarcely was there any worth or manhood left in these occidental Notions, after their so long servitude under the Roman yoake, untill these new supplies of free-borne men from Germany reinfused the same and reinforced the then servile body of the West, with a Spirit of honour and magnanimity; in so much that as Dubartas hath well observed, that Land may well be stiled the Eqnus Trojanus or inexhausted fountaine of Europes worth and worthy men, which was also apparent and conspicuous in that ever-glorious and renowned expedition of the West for the holy-Land under the conduct of Godfrey of Bullaine, wherein there was scarce a personage of worth, but who (together with the plurality of the inferiour souldiery) was Germane by birth or bloud.

As this our Mother Nation hath been transcendent above others in her atchievements,Amplitude. and her noble and fruitfull issue of Transmigrators and Colonies, wherewith shee hath replenished and reedified her sister Nations of the rest of Europe, and thereby enabled them to hold up their heads, as now they do among the potent Monarchies of the world; Sous shee no lesse eminent in the vast bulke of her owne body, and the ample tract of Land which shee holds and possesseth, and so ever hath done against all the world, being indeed the heart and maine body of Europe, as reaching from the Alpes, neare to the frozen Ocean one way, and from France and the British sea, unto Poland and Hungary, the other way, conteining for Members her several tribes of the imperiall Germanes, the Switzers, Belgians, Danes, Norwegians, Swedes, Goths and Vandals, (besides us English;) Tis true that the Celtick Nation was one every great and famous, as possessing both the Gallia’s and Britaine, but she hath long since in all her three seats surrendred up her possessions, (or liberty) together with her name to the incroachments of her Teutonick Neighbours; and doubtlesse were all the foresaid limbs of the Teutonick Nation as united in the political association of one head and heart, as they are in the naturall ligaments and communion of bloud, lawes, language and situation, that Empire would not only be the head of the West as now it is,The Turk. but also able to wrastle with the Orientall Competitor, for the command of the world, or at least to shoulder out of Europe his intruding usurpation.

One more flower of this our mother Nations Royall Garland, and a point of her Prerogative above other Nations not only of Europe,Libertas &illegible; seu apsgrUCδ&illegible;λν
σις.
but also of the rest of the world (the Scythick excepted) is her unconquerednesse, her untainted virginity and freedome from forraine subjection, which from her first foundation and Cradle, she hath so conserved and defended, that none can truly boast to have bin her ravisher; the Roman invasions indeed often assayed her, but could never force her; as for Alexander, the Germanes heard of him, but never saw him otherwise then by their Ambassadours, who gave him and the world notice by their honourable Answer to his insolent question, how much they feared him; and lastly for Charlemains Germane Wars they were but as civill and domestick, his Francks and more particularly himselfe being then in all things (but habitation) Germanes, and consequently also his atcheivements may by good right also be reckoned among the Germane acts; what other Nation can glory of the like? Tis confest that the Greeks and Gauls were for many ages famous assertours of their Liberties, but the latter of the two never enjoyed theirs since the time of Ariovistus and Julius Cæsar, and the poore (never enough to be lamented) Greekes, beside their ancient subjection to Rome, have in these latter times lost not only their Liberty, but also an Empire to boot, together with their Lawes, Religion, Honour, and never before conquered language, to the cruell oppression of turkish Barbarisme, all which the Teutones have by the speciall favour of heaven, from their first beginning preserved inviolate against all invaders; indeed our Neighbours the Scots boast much of the like priviledge, but upon no equall grounds, for their remotenesse and inaccessiblenesse together with the unprofitablenesse of their soyle, have been their chiefe protection from following the fortune of their Mother Nation of Ireland, and yet not so protected them, but as their owne Chronicles confesse their Land hath been wonne from them, and they forced into ezile for 60. years by the Romans, and their Nation more then once subdued by our Edward the first, when they so often swore fealty and subjection to the Crowne of England: and for the Scythians, as they of all the world have the best right to compare themselves, as having never submitted their necks to any externall power, so may they also for that Priviledge in part thanke their remotenesse and barren Climate, that have rendred their vast Countrey not worth the conquering, and themselves as difficult to bee found as vanquisht by strong and well appointed Armies.

Imperium.But that which makes up the summe and apex of this Nations preeminence, is her imperiall Crowne the Crowne of Christendome, which the divine providence upon special choice hath devolved on her, that so shee might be no lesse in title then merit the Queen of Nations; this her possessive dignity was long since foretold by the Druides who (as Tacitus recordeth) prophecied that the Empire should be translated from Rome over the Alpes, and is no other then what she was borne to in the right of Askenas his bloud, educated to in inviolated freedome and generous exercises, and setled in by the purchase of the sword and Romes adoption, and the same hath been for many ages by her without competition enjoyed, shee possessing also most of the other Kingdomes and Principalities of these parts by her Colonies, in so much that the Germane Nation may justly seem to have been created and appointed, for heire of the western world, even as the Scythick of the Easterne, as betwixt which two Nations & their Colonies, both the soveraignty and possession of the most part of Europe and Asia is divided, they being in all things Parallels and Competitors; heaven grant that at length our Teutonicks, shaking off their enervating vices and divisions, with the same manhood wherewith in ancient times their Ancestors retunded that Scythick invasion of the Huns, mawling that orbis malleuns, and in after ages chased the Turks (another tribe of the same Nation) from the holy Land, and repressed their encroachings on Christendome, may also in these last times at least un-Europe the same Enemy and his Barbarisme, and readvancing the Eagle in the midst of Constantinople, recover to great Tuiscoes name that right and honour in Thracia, (which as may be conceived) his person there sometime enjoyed under the name of Mars, confirmable by the stillasting analogy both in roots and accidents betwixt the Greek and Tentonick Idiomes.

Such is the tramscendent quality of our mother Nation, and in these sundry respects,Transitio à &illegible; &illegible; gentem. shee sufficiently appeares to be the cheife and most honourable Nation of Europe; of all which honour of hers, wee are true inheritors and partakers, either as Members of that body or as children of that mother, we being flesh of her flesh, and bone of her bone, yea of the most ancient and noble of her tribes, (according to the Germanes opinion) The Saxon, still retaining the name (with a little &illegible; as is before related) of the &illegible; Askenas,Pag. 4. and this so totally and entirely that whatsoever bloud among us is not Teutonick is exotick;Pag. 7. for (as is also before intimated) our Progenitors that transplanted themselves from Germany hither, did not commixe themselves with the ancient inhabitants of this Countrey the Britaines (as other Colonies did with the Natives in those places where they came) but totally expelling them, they took the sole possession of the Land to themselves,* thereby preserving their bloud, lawes, and language, incorrupted; And in this panegyrick of the Teutonick bloud I have so &illegible; insisted, not only to vindicate our own as being a stream of the same, and to evince the nobility thereof, but withall to convince the folly of those wretches among us, who aversing ours do so much adhere unto and dote upon descents from France and Normandy.

But least any that cannot reproach us as Germanes,Pueritia &illegible; rostr e ingenus & liberalis. should calumniate us as transmigrators, the consideration of the generall quality of such will be our sufficient Apology, for that it is well knowne that most Colonies and transmigrators are made up and consisting of the floure and choice youth of that Countrey from whence they are transplanted, and being such celum non animum &illegible; qui trans &illegible; curruns, though they change aire they retaine their Spirits; and this is moreover observable for our advantage that wee left not the Land of our Fathers either as exiled for demerits with the Parthians, nor forced and profligated by Neighbours as many others, nor yet with the mind of Rovers that got unjustly to despoile others of their goods and Countrey, but (then which nothing could be more honorable) the first cause and occasion of our comming into this Land, was at the earnest &illegible; and intreaty of the distressed Britaines, the ancient possessour of the same, to relieve and succour their oppressed Nation against the barbarous and more then unneighbourly vastations and invasions of the Scots and Picts, who with the bright of insolence and ferocity domineered at that time over this part of Britaine; this was no lesse honorably atcheived then undertaken by our Ancestors, for Prince Hengistus with a small band of English voluntiers which her brought over from Saxonie, renownedly repressed and quessed the pride and insolency of the Scots, and with his additionall forces so secured this land against them, that for many ages after they dared not to see &illegible; out of their own limits; norever since could the most successefull of their incursions penetrate to the walls of Yorke.

The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it.But did wee therefore leave the free-Countrey of our Ancestors, But and come over hither to releive and deliver others from forraine subjection, that wee our selves might succeed in servitude, sure it will &illegible; appeare that wee had any such intent by our ensuing doings and &illegible; for after that upon our fatall falling out with the &illegible; about pay, wee had long wrastled with that Nation for the possession of this Land, and with infinite expence of blood and labour gained it wholly to our selves (Hengistus his assistance to the Britaines being much of kin to that of Ariovistus unto the Sequanish Gauls,) what inundations of invasions did wee sustaine, what numberlesse conflicts and encounters did we continually maintaine, for the keeping of our possessions and preservation of our honour and Libertie, as they were derived inviolate from our Progenitors? and all but against Danish Intruders; a people that were our Consanguineans, our ancient Countrey-men and Brethren, whose prevailing over us would have introduced scarce strange Lawes or Language, nor other bloud then Teutonick, and although in processe of time, being overladen with their inexhansted numbers, and to avoide further profusion of Christian and Teutonick bloud, we condescended to some composition with them, and permitted them a cohabitation with us; yet afterwards did wee sufficiently quit our selves of them and their intruding, and by a generall execution made them an example for such like Usurpers; such was our ancient antipathy to servility, and the abhorringnesse of our Nations genius from closing with dishonour.

Neither was this our generosity of bloud and freenesse of descent and condition,Ejusdem habitus. the summe of our inheritance or the whole stock of honour that the bounty of heaven had committed to our possession; we were also blest with a hopefull language and happy Lawes, Lawes envied but not equall’d in Christendoms, and by historians admired as most plaine and compendious,Vide Daniels History. and of such a politick structure, as made our Prince a true and happy Monarch, and yet our selves as free as any people of Europe; our language was a dialect of the Teutonick, and although then but in her infancie, yet not so rude as hopefull, being most fruitfull and copious in significant and well-founding rootes and Primitives, and withall capable and apt for diffusion from those her roots into such a Greek-like ramosity of derivations and compositions, beyond the power of the Latine and her off-spring dialects, as might have with Majesty delight and plainnesse interpreted our conceptions and the writings of forraigners to the capacity of any English man, without tthe helpe of a dictionary or the knowledge of two or three other languages, which now is requisite to him that will rightly understand or speake even usuall English; and our Lawes and Language being not only thus laudable, but also congenite and appropriate to our name and Nation, were most essential parts of our honour, and no lesse deare unto us (and that worthily) then our bloud, and so the pleasant subjects of our delight and study, as also our Princes and nobility being no lesse naturally our owne, were the just objects of our zeale and affection, as was testifyed in that title of the Prince Edgar Atheling who was stiled Englands darling, for his blouds sake, and in opposition to the Normane.

ANd is it then suitable to the dignity,Complexis præmissorum scilicet &illegible; &illegible; or tolerable to the Spirit of this our Nation, that after so noble an extraction and descent, such honorable archievements performed, so much done and suffered for our Libertie and honour against the most mighty of Monarchies and puissant Nations, and after such Priviledges conferred on us from heaven, wee should have our Spirits so broken and un-Teutonized by one unfortunate Battaile, as for above 500 yeares together and even for eternity, not only to remaine, but contentedly to rest under the disgracefull title of a Conquered Nation, and in captivity and vassalage to a forraigne power?

Siccine in antiquam virtutem animosque viriley

Er Pater Æneas & &illegible; excitat Hector?

Did our Ancestours therefore shake off the Romane Yoak with the slaughter of their Legions,Scilicet in cade &illegible; and during the whole age of that Empire (as Tacitius confesseth) resist the puissance thereof, that the honor & freedom of their bloud might be reserved for an untainted prey to a future Conquerour? could not they indure the sight of a Casarean Trophie, set up by Germanic &illegible; in their Land?Vide Tatitam. and can wee not only endure, but embrace the title and Ensignes of a Conquest over us, that even still triumphs in our Land, in her full insolence, while wee can turne our eyes and meditations no where about us, but we meet with some object that reproacheth us as Captives: if we addresse a &illegible; toward our Lawes, they still scorne to speak otherwise then in the Conquerours Language, and are (if Master &illegible; and others write true) for the most part his introduction, shotting up the remaining Liberties of our Nation, under the name and notion of franchises, as if we were no further to be accounted free, then enfranchised, that is adopted into the quality of French-men, or made denizens of France, whereby the first point that occurres to the Reader of our Lawes, is our shame; if wee survey our Language, we there meet with so much tincture of Normanisme, that some have esteemed it for a dialect of the Gallick: if wee contemplate the heraldry and titles of our Nobility, there’s scarce any other matter then inventories of forraine villages, that speake them to be not of English bloud; but tell us (as their Ancestors sometimes told King John) that their Progenitors conquered this Land by the Sword; and lastly if wee but heare the Royall title rehearsed, we heare it likewise attended with a post Conquestum, so that we cannot move with our senses, but we hear the chains of our captivity rattle, and are put in mind that we are slaves; vinci humanum est, no people but may bee overcome, that may be borne withall; but sub victoria &illegible; for so many hundred yeares together, and in a so long continued possibility of excussing dishonour and regaining Libertie, to sit as it were snoaring in a captive and servile condition, and to be fed with the bread of captivity, were more proper to an Asiatick Nation, (those natis ad servisutens as Tully calls them) then to one of Europe, and to any European then a Teutonick, and indeed to tame Creatures and Cattell then to those, that professe themselves free-borne men.

But let us a little reflect upon the nature and quality of these Conquerours with their conquest over us,Aggravatio. perhaps they may be such as for their dignity may say unto our Nation, as that Heros in the Poet, Solemen, habate monris ab &illegible; quod sit jugulatus Achills, and their domination over us such as against the right and equity whereof there is no pleading: But alas what was that Tenth Worthy (whom we are not ashamed even still to sirname our Conquerout) but a Normane Bastard (as a Scotish writer well tearmes him) or at best, a Vassall Duke of a French Province, and what his Argyraspides, his gallant followers the Normans, but a people compacted of the Norwegians and Noestrians, that is, of the off-scowring and droffe of the Teutonique and Gallick Nations, whose ambitious Leader upon a pretence of a various title to this Crowne intruding upon us in a time of disadvantage, and being thereupon put to try it out by the sword with his then usurping Competitor, by subtlety (not valour) obtained the hand over him, and so as Legatee and Kinsman of Saint Edward (the last rightfull English King) and upon his specious and faire vowes and promises to preserve inviolate our Lawes and Liberties, was admitted to the throne, so that all the alteration and dishonour that followed, was by his villainous perjuriousnesse and treachery introduced upon us, and that title of a Conquerour was not at first, but by the flattery of succeeding times attributed to him, and hath been ever since by our fordid treachery against our Countrey continued, whereas had he assumed it at first,The Duke of &illegible; in his Speech to the King concerning warre against the Scots. (as was well observed by an illustrious personage of our Neighbour Nation the Scots, (who are generally more sensible of our dishonour in this respect, then most of our selves; perhaps worthily mindfull of the ancient extraction of the most and chiefe of their South-Landers from the English bloud;) as he (I say) hath well observed in a late speech of his made to his Majesty,) he must either have come short of his ambitious ends, or have sought after a new people to have exercised his title upon, so odious at that time was the Title of a Conquered Nation to our Ancestors.

Redargutio secunda ab Iniquitate.But admit it were so that he wonne this Land by the sword, as hee and his followers afterwards boasted, and that he obtained such a dismall victory over us as the Normane writers predicate, (whereas notwithstanding if wee may beleeve &illegible; Veronensis, in his French History, a more impartiall writer in this cause, there was no such matter;Paulus &illegible; veronensis &illegible; &illegible; &illegible; fol. 91. who taxing those Normane writers of arrogance, reports that the truth of it was that our English Souldiers, whom Harold the usurping King brought into the field against the Normanes, were no lesse displeased with him then with his adversaries, and that they only put themselves in a posture of defence, without curing to offend the enemy, and that when in the beginning of the battaile, Harold chanced to be slaine by an Arrow, the Controversie was presently ended without more bloud shed, as agreement made,Non &illegible; &illegible; sed causa &illegible; victa &illegible; fol. 91. and the Normane admitted in respect of his claime, and upon his promises aforementioned, this he reports) but were it so that our English Nation was directly vanquished and conquered by the Normanes, (at the sound whereof every true English mans stomack may well rise,) have not we more then once requited their Nation in the like kind? how often have our Armies vanquished and conquered not only Normandy but also France it selfe, whereof the other is but a vassal Province? and why one victory of theirs over us should be of more moment and effect against us, then so many of ours against them, I see no other cause or reason then injuriousnesse towards us and retoblessenesse in us.

But were it so also, that the Normane race were as Lawfull Lords and domineered by the same right,Institio. of an absolute Conquest over us, as the Turkes doe at this day over the Grecians, (betwixt whose case and ours (Religion excepted) there is a neere affinity;) will any reasonable man be so unjust? or any English man be so impious as to define it for unlawfull in us, to endeavour to recover our Right and lost honour and Libertie? would any man be so absurd as to stigmatize and detest it for rebellion, in the Greekes to shake off (if they were able) the Turkish Yoake, and to recover from that enimies usurpation their ancient honour, Lawes, Libertie, and Language that now ly overwhelmed and buried in Turcisme as ours in Normanisme? surely wee our selves should condemne them, if they would not endeavour it, while our owne Lawes attribute not to the wrongfull disseisour, any such right to his forceably gotten possessions, but that he may with more right be rediffeised by the the first Owner or his heyres; and indeed it were so farre from injuriousnesse both in the Greeks and us, to dispossesse the Vsurpers, that in the meane time we are most injurious to our selves, our Progenitors and our posterity, while wee so traiterously yeeld up to those Robbers, what our Ancestors so dearely purchased and preserved for us to enjoy, and afterwards to transmit and leave to their and our Name and bloud in all succeeding ages; but in this we are farre more inexcusable then the Greeks, for that they never yet enjoyed the meanes of a deliverance, which we either in a faire or forceable way scarce ever wanted; and surely if our right doth call, our honour doth cry out upon us, that if our Progenitors massacred the Danish Garrisons that usurped over them, we should not (like the Jewes eareboard staves,) for ever serve the Progeny of their Subjects the Norwegians, that wee who instead of being conquered with other Nations by Charlemain, have conquered even the French themselves, would not live captives to their vassals the Normanes; and that since our Ancestours never submitted their necks to the Yoake of Rome, wee should not suffer ours to be for ever wedded to one brought over from &illegible; the meanest shire of one of Romes (anciently) captive Provinces, unlesse perhaps it bee more honourable for our Countrey to bee a Normane &illegible; then a Romane Province, to use the Normane Lawes then the Civill of the Empire, and the Normane Language rather then the Latine; any of which (notwithstanding) the Romane Emperors during their prevailing over some skirts of our ancient Countrey of Germany, as Batavia, Rhatia, and the borders of the Rhine, never obtruded on our Countriemen there, but desiring only (foe their worth) their personall assistance in the warres, permitted them (and them only of all Nations) the continuance of their owne Lawes, Language and Liberties in all things; But all these wee their degenerate posterity have in a large degree betrayed to the usurpation of a Normane Colony.

But if wee thinke we have not yet received shame enough by this Normane Conquest,Redargutio tertia ab Incommodo. in being thereby stripped and spoiled of all that Stock of honour which might have descended to us from our Ancestors, and of all that our Nation had to take pleasure in, wee want not a further degree of the same shame to consider our selves in, that is as we are by this pretended Conquest cast into such a Predicament and condition as makes as uncapable of acquiring new honour ever after so long as we remaine therein; the evidency of this wee may descry in our owne Lawes, wherein wee find that such as are in the nature of Villeines, are uncapable of enjoying free-hold Lands, but though they purchase never so much, it belongs all to their Lords; should the Turkes &illegible; under their Masters conduct conquer the whole world, yet could they not justly gaine to themselves the name of men of &illegible; but only of stout and dutifull slaves; which is also illustrated by that Apothegme of Tully, who defining the way for one that would attaine to highnesse, Tuac (saith hee) incipiat aliis imperare cum suis iniquissimis Dominis parere desierit, let him first un-slave himselfe before he talke of getting honour in inslaving others; and therefore though both France and Spaine should bee by us never so often conquered, yet could our name thereby take no true lustre, till it be cleared of this fast-sticking blemish, and that wee have unconquered our selves; but as an ill-humour’d or deformed body is not rectified by nourishment, but finds its pravity to increase and dilate with its selfe; so should our name and fame by our atcheivements be extended to the worlds both temporall and locall ends, yet thither also would our disgrace accompany it in equall Characters, and proclaiming that wee are a conquered and still-captive people, quash all honour that otherwise might accrue or adhere unto us.

Transitio ad operis scopum.I should be voluminous should I fully describe how injurious and dishonourable it is to our Nation, for to continue under the title and effects of this pretended Conquest, being such as wee see and feele even the barbarous and contemptible Irish to be more then sensible and impatient of the like, while with so much hazard of their lives and fortunes, and against such formidable opposition, they endeavour the excussion thereof; But I am farre enough from exhorting to an imitation of their violent and horrid practise, we feele too much thereof already among us, although for lighter ends; neither (I hope) is any such way needfull, since we all from the greatest to the least professe our selves English, and would seem to aime at the honor of the English name, his Majesty for his part having by many passages shewed himselfe the most indulgent Patron thereof and our Nobility and Commons on both sides contending, (or at least pretending) for no other, none (I hope) among us dissenting, that if any should oppugne it, he were worthy to be proscribed and prosecuted either as a viperous malignant or as a publick Adversary; so that it is but the Carkasse of an enemy that wee have to remove out of our territories, even the Carkasse and bones of the Normane Dukes injurious and detested perpetrations, much more meriting to bee dug up and cast out of our Land,Vide Daniels Hist. then those Resicks of his body that were so unsepulchred from his grave in Caen; let us therefore until we have wiped off this shame of our Nation, and demolished the monuments thereof, no more talke of honour, as being a thing that we have least to doe withall, but yeelding that and the glory to the Normane Name, reserve unto our selves nothing but the inheritance of shame and confusion of face; yea let us either confesse and professe our selves for ever, meere vassals and slaves, or else attempt to uncaptive our selves (the end and scope of this whole discourse) that is effectually, (yet orderly and legally) to endeavour these following particulars.

1. That William sirnamed the Conquerour be stript of thatPestulatorum capita. insolent Title (which himself scarce ever assumed after his victory, much lesse pretended to before, but hath been sithence imposed on him by Normane arrogance and our servile flattery) and that he be either reputed among our lawful Kings by force of Saint Edwards legacy, or adjudged an usurper; however, that he may no longer stand for the Alpha of our Kings in the Royall Catalogue.

2. That the Title to the Crowne bee ungrounded from any pretended Conquest over this Nation, and that his Majesty bee pleased to derive his right from Saint Edwards legacy, and the bloud of the precedent English Kings* to whom hee is the undoubted heire; and that he restore the ancient English Armes into the Royall standard.

3. That all the Normane Nobility and Progeny among us, repudiate their names and titles brought over from Normandy, assuming others consistible with the honour of this Nation, and disclaime all right to their possessions here as Heyres or Successors to any pretended Conquerours.

4. That all Lawes and usages introduced from Normandy, be (eonomine) abolished, and a supply made from St. Edwards lawes, or the Civil, and that our Lawes be devested of their french rags, (as King James of worthy memory once Royally motioned) and restored into the English or Latine tongue, unlesse perhaps it may seem honourable for English men to be still in the mouth of their owne Lawes no further free then Frenchified,vide supra p. 14. and that they only of all mortell men should imprison their Lawes in the Language of their enemies.

5. That our Language be cleared of the Normane and French invasion upon it, and depravation of it, by purging it of all words and termes of that descent, supplying it from the old Saxon and the learned tongues, and otherwise correcting it, whereby it may be advanced to the quality of an honourable and sufficient Language, then which there is scarce a greater point in a Nations honour and happinesse.

(To which may also be added the removall of an Indignity of &illegible; to the former in quality though not in cause, namely the advancing of the French Armes above ours in the Royall standard, as if by our Ancestors conquest of that Nation, we had merited nothing but the publick subjection of our honor to theirs; The Scots (though an inferiour Nation) denying us any such &illegible; their owne Kingdome.)

These things thus obtained and Normanisme thus abolished, we may then (and then only) have comfort in our name,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. as after our excussion of that which is utterly destructive to the honour of our Nation, which is the motive unto us to demand and require these things; neither want there reasons sufficient on the other side why they may and ought to be granted, some ledge whereof are these.

For his Majesty, it will be no prejudice to his title, nor impeachement of the honour of his bloud, should he wave &illegible; descent from Normandy, but rather an improvement of the same, by how much it is more honourable to be derived from free Kings then vassal Dukes, and from Saxony the heart and noblest pare of Germany,1. Ad Regent. then from Naestria, or Norway; and it wil moreover settle him aswel in the true affections as on &illegible; &illegible; of this Nation, which none of his predecessors since the &illegible; Conquest could rightly enjoy, there being too much tincture of domination in their rule and of captivity in our obedience, and this is confirmed by that love and honour which the most glorious Kings of this Realme have here &illegible; by their inclining this way, Witnesse Henry the first, approved and beloved above his Normane predecessors, who for that sole pose extra pose took to Wise Edgar &illegible; Neese, the female &illegible; of the English bloud; next Edward the first, whose memory is no lesse acceptable for his being the first reviver of that Name in that line, then for his enlarging the honour and dominion of this State; Thirdly, Edward the third, the most glorious renowned and precious of all our Kings, not only for his famous victories, but withall for restoring in a good degree the use and honour of the English tongue formerly exiled by Normanisme into contempt and obscurity; to which purpose also it is observable that none of our Kings since William the pretended Conquerour and his Sonne, have bore their name, the imposing whereof on our Princes their Royall Parents seeme purposely to have avoided as justly odious to the English Nation, whereas with what honour they have continually used both the name and shrine of Saint Edward, I need not recount, And if these Kings so lately after the Conquerour, and while the Normane bloud can almost fresh in their veines, thought it their &illegible; in some sort to professe for the English name against Normanisme, how little mis-becomming will it be for his Majesty after his so many ages &illegible; into this Nation and &illegible; from the other, and having in him for one &illegible; of the Normane bloud, two of the true English, to professe himselfe altogether English, and to advance that Nation to the greatest lustre he can, whereof he professeth himselfe the naturall head, yea it will so farre transferre him above the honour and &illegible; of his Predecessors, as it is more honourable and happy for a Prince to be called and accounted the naturall father or his Countrey, then the exotick Lord of the same, of which titles the very Tyrrants of Rome were ambitious for the formes, but rejected and detested even the one halfe of the latter.

2. Ad Progeniem Normannican.For the Normane Progeny, they may consider that themselves (as Norwegians) are originally (as Verstegan hath well observed) of one and the same bloud and Nation with the English, namely the &illegible; and that in doing what is here required, they shall but &illegible; off that &illegible; of Gallicisme which their Ancestoms took in Naestria, and rejoyne themselves with their ancient Countrimen; which also over their owne honour requires of them, even according to the opinion of the ancient Treviri, who as (Tacitas recordeth) though &illegible; of France, yet disdained to be accounted of the French bloud, but ambitiously adhered to their descent from Germany; the Gallick Nation having been servile ever since the time of Julius Casar, and no other their language which wee so much honour and dote upon, then an effect of the Romane Conquest over them, and a testimony of their long vassalage and subjection to that Empire.

But if they can relish no honour but what must arise and fetch life from our shame, let them revolve how soath they would be to be served as sometime the Romans dealt with the insulting Gaules, the Relicks of Brennus his Army, whom they utterly rooted out of Italy, Nequis ejus gentis superesset qui incensam ase Romans jactaret, as an Historian hath it; and if they will needs continue the Danes Succeeders in insulting over us, they may also remember that wee are the posterity of those English who massacred them, and that when they had a potent Kingdome at hand to revenge it, which these others are to seeke for.

3. Ad Ordinea seu Procuratores Regni.Lastly, State-policy requires it, it being requisite to the good and safety of the Kingdome in generall; for if ingenuous valour in the people, and their love to their King, State, Nobility and Lawes, with their regard to honour, be the cheife strength of a Realme against forraine invasions (for instance and testification whereof we need looke no further then the Scots) it is necessary that if our State would enjoy that strength, our Nation enjoy these demands; for how can we love and fight for those Lawes which are ours only by our enemies introduction, and are our disgrace in stead of honour, or for that Soveraignty and Nobility, in whose very Titles (as before is related) we read our Countrey to be already in Captivity, and that the alteration of the State will be to us, but changing of usurpant Masters? Neither will the recordation of our ancient honour be any better a provocation to that purpose; should the Turke go about to exhort his Grecian Souldiers to valiantnesse in his cause and against his forraine Enemies, by commemorating unto them the ancient glory and prowesse of their Nation, would not that cohortation merit to be taken as an insulting irrision, and should not the first effect thereof be a vindictive incitement of them against himselfe as the most proper object thereof in all respects, so also cannot the remembrance of our ancient glory (if we consider our selves aright) incite us to any thing more then to the clearing of our selves from this insulting Conquest; as already and long since pressing us with that dishonour, which other dangers at most but threaten; and as upon these grounds, wee can scarce find courage to fight for the safety and preservation of the State, so for the same reasons have we as little heart to pray or wish for the same, untill our Nationall honour be restored to a coexistence therewith.

Since therefore these things are so behoofefull for our Nation to demand,Peroratio. and for our State to grant, if after due consideration thereof we continue to want the happy fruition of the same, it must be ascribed either to an overgrown basenesse of mind in the one, or an natural malignity in the other as indulging rather to a forrain Name then to the Nation wherof the said State is a part and intrusted with the welfare and honor therof; and in this still-servilizing case it will be ridiculous for us (the Nation) to pretend to honour or renownednesse, but more proper for us forever to professe our selves of that quality wherein we take up our rest, to wit, captivednesse and servility; but if we may descry a glorious morning and apsgrναπλ&illegible; of our benighted honour refulging in the happy accomplishment of these our desires, then shal we with alacrity presse all that the English name investeth, unto the defence and inlargement of the English Dominion, and instead of disclaiming our Nation and transfuging to others, as many of us now doe, and have done especially in Ireland, wee shall joy to make Anglicisme become the only soule and habit of all both Ireland and great Britaine. Dixi.

I. H.

FINIS.

Endnotes

 [* ] i. e. the title and quality of a free Nation.

 [* ] Quæ contraria apud quosdam Nomographos reperiuntur sunt ine. pta figmenta à Galsrido Monmuthensi & ejus asseclis dictata.

 [* ] As being descended both of David the male heir, and of Maud the heire female of the English Bloud.

 

9.11. Anon., A Remonstrance of the Shee-Citizens of London (21 August, 1647)

Bibliographical Information

Full title

Anon., A Remonstrance of the Shee-Citizens of London. And of many thousands of other the free-borne Women of England. Humbly shewing their desires for the attaining of a free trade, for the Kings speedie coming to London, for the maning of their works, and for the redresse of their many other grievances, and burdens they now lie under.
Printed in the yeare 1647.


Estimated date of publication

21 August, 1647.

Thomason Tracts Catalog information

TT1, p. 548; Thomason E. 404. (2.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

A REMONSTRANCE OF THE SHE-CITIZENS of LONDON, And of many thousands of other free-borne women of England.

WE the assistants and co-equalls of the famous Citizens of London, the better parts of the Trained Bands, and Common Councell men, having of a long time beheld the many infranchisements, Donatines and immunities attained by our fellow-feelers, the City of London and the parts adjacent, and for our selves in particular, have purchased nor archieved any thing worthy to be recorded and talked of by posterity as an act of speciall grace and concernment, though we confesse that under our husbands wee have been often comforted as with those sweet watry distillations which hath as from a limberk issued from them, yet we must give notice that your blandum mysterium acted by one man alone, cannot content each of us, being inspired with heroik thoughts, such as famous Messalina and Cleopatra owned, we meane that we should bee tied by the leg with the feeble cords of one only mans hamstrings, who through continuall exercise are become most faultringly feeble, for through the hardnesse of these times denying them their former height of nourishment, they grow worse and worse daily in their occupation, and even by nature are debarred to spend so freely on us as in times past, for the removall of which severall inconveniencies, we shall humbly remonstrate.

That whereas this sterrill maladie is occasioned by a strict subjugation of us the free-borne women of England, by a law strictly forbidding any of us to scan the tremeter of any but to each of them to whom we are bound and obliged, we conceive that this prohibition tendeth to the detriment not onely of us but of the whole Kingdom, & that wanting that free commerce which nature licenseth, the Kingdome cannot choose but be disappointed of many generous soules, which if otherwise it is likely to be enriched with, in case of a free propagation, and which doth pierce us through with an earnest and longing contrition; this Island is now thinly inhabited, by reason of the late warres, wherein so many well-tried and able proficients have been untimely massacred, so that not onely themselves are perished for the present, but wee are also utterly deprived of the hopes wee were in of their after able performances for the good of the Kingdome, which consisteth in nothing more then in being fully replenished with people; we therefore with joynt consent, having taken into our consideration, the great decay of Males, that is likely inevitably to happen, if timely prevention, be not thought on, have thought fit to remonstrate that for the future, we shall not beare such seared soules about us, as one woman, to live by the daily and nightly sweat of onely one mans browes when he perhaps though doing his utmost, is not able to satisfie nature, but shall for our owne contentments, the ease of men and for the speedie peopling of the Kingdome, shall every one of us desire the assistance of so many (of whose abillitie we are sufficiently assured) as may produce numer of a proles, a vast Generation, not only to defend us at home, but also to prevent invasions from afarre, and we desire also (since to us by consequence) according as that stiffe stander for the subjects Liberties Col. Lilburn hath noted, belongeth every immunitie of Magna Charta, that in case of our husbands defaults, or debillities, we may our selves trade a broad in the Country, and utter our warres to our best advantage for it is not, as in the youth of the world when Lot was so free of his flesh, that he begot Moab, and Ammon, in his sleep nature, is now growne old, and stoopeth under the weight of time, we must have Eringoes, and Lobsters, to beget that, which in the worlds infancie, a carrot or a crab-fish equalled every thing decaies, and there is a generall declining in all things, there is an alteration, and defect in the condition (of bodies) over the whole frame, and sisteme of nature, the clouds doe forbare to raine downe their geniall showers, neither doe the flowers blush, with such perfumed fires as in the first morning of the world, the fire, which heretofore, was the mother of May creatures, as the Salamander the Pirausta and others, is now growne quite fruitlesse and &illegible; the ayre, doth not bestow such a vitall, and broodall incubation upon the earth, and if this decay be in the greater Microcosme of nature, it must needs be in the lesse Microcosme of man, and therefore we who are of a substance hot and drie, and every whit as vigorous, as in the first nonage of the world ought not to be debarred of that right, to which we were created, but that the disabillities of one man should be supplied, with the abillities of another, which cannot be attained unlesse we shift our condition, and be licensed a free trade.

Which that we may the sooner attain, we conceive no way conducing more to our desire, then that his Majestie speedily come to London, there to reside with honour and safetie; for let the world know, to our unspeakeable grief, we have these many yeares missed the societie of his retainers, those imbroidered Courtiers, who heighten their longings at more charge, then if each of them constantly kept at rack and manger foure Flanders mares, and the heavenly dew that they were wont daily to water us with, and to our infinit joy, jog us, when we were coacht jogging to mile-end, to Islington, and Braineford, stuffing our bellies with cakes, and creame; and while our husbands good men, were either handselling their wares, or canselling their bonds, not dreaming that we also, were bartering their commodities for our best advantage: we therefore desire, that his Majestie may with all speed repaire to London, as the primary way for us to attaine our wishes, and till then, like the thirstie earth chapt for lack of rain, wee wait for-------

But least preturbances should arise & we sleep too supinely and though the royall partie be subjugated, we be any way damnified, by a wounded foe, we shall not carelesly levell aud let our works be entred by those, of whose trust and fidelitie we have not ample experience, for some may give us an alarum, and yet want ammunition to maintain the fight; may charge us once, and yet afterward prove so lumpish, that afterward they must be forced, and dandled to the incounter; and whom we may be constrained to provoke to the skirmish, defying them with hot trenchers and warme napkins, applied to our bodies; we therefore doe desire that such should man our works, and sleep in our quarters, who shall bee sufficient, not only to please, but defend us from the incursions, of any craftie and disabled enemie; and should it so happen, (as who knowes the issue of things) that we should be surprized, our hopes and assurance is this, that though their onset be never so hot and &illegible; yet we shall occasion their retreat, to be coole and tame: yea were they as strong as Sampson or Milo, we shall soone quaile their Courage, if not at the first, yet the second incounter; but this, if they should gaine our works; but we assure our enemies, which may serve as a terror to disswade them from daring, to give an assault; that if we shall not find them well weaponed, (for we hate Souldiers that are not for the punctillo) but either dulled with often service, or their weapons broken near the handles, through their former fool-hardinesse and desperate valour, in daring to scale, though incountered with S. Anthonies Fire, that we shall give to such no quarter, but shall reserve them as Pageants for mirth, at our pleasures to transluce.

 

9.12. John Lilburne, Two Letters Writ (13 September, 1647)

Bibliographical Information

Full title

John Lilburne, Two Letters Writ by Lieut. Col. John Lilburne, Prerogative prisoner in the Tower of London, to Col. Henry Marten, a Member of the House of Commons, upon the 13. and 15. of September 1647 the contents of which are very necessary to be taken notice of by all just men in the Present age. Unto which is annexed some other Letters of great concernment.


Estimated date of publication

13 September, 1647.

Thomason Tracts Catalog information

TT1, p. 557; Thomason E. 407. (41.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

TVVO LETTERS VVRIT BY Lievt. Col. John Lilburne, Prerogative prisoner in the Tower of London, to Col. Henry Martin, a Member of the House of Commons, upon the 13. and 15. of September, 1647 the contents of which are very necessary to be taken notice of by all just men in the Present age.

Vnto which is annexed some other Letters of great concerment.

The first is subscribed, to his much honoured friend Col. Henry Martin, a member of the House of Commons, this with hast, post hast present.

Much honored Sir,

YOur late Letters to me, and your late endeavours to make my Report hath given me full satisfaction for your former negligence about that very businesse, I heare you are ordered by the present Linsey-woolsey House of Commons, to make it to them to morrow, for my part I cannot owne one man (though otherwise never so honest) that late in the House of Commons in the Speakers absence, but as Traytors and enemies to their Country, who are already so declared by the body of the Army, (by whose meanes, I had thought the House would have been &illegible; of them) and therefore I cannot owne any of them for my Iudges, in which regard I intreat you, that if you shall attempt the making of my Report, that you acquaint the Speaker and the House with the true contents hereof. Sir I desire further to let you know, that I am not so in love with a Prison, as to refuse my liberty from the hands of any power in the Kingdome, so I be meer passive and not active in seeking or procuring of it, but I for my part cannot desire it from any power though I perish in it, but from that I iudge to be a iust power, though I can take it from any power, that will of themselves put it upon me. So with my service and true respects presented to you. I commit you to God and rest,

Your faithfull friend to serve you,

Iohn Lilburne.

The second Letter thus followeth.

Honoured Sir,

UPon Munday the 13. of this present, I writ you a letter, which I fully understand was yester day delivered to your hands, and in it I acquainted you, That I could not looke upon any man that sate in the illegall Iuncto in the Speakers absence, but as an enemy and Traytor to his country, all of whom are so declared several times by the body of the Army, and therfore I could own none of them as my Iudges, which I intreated you to declare from me to your House, which whether you have done or no I am not certaine, but by my wife, who yesterday against my will and mind, waited upon your House about my businesse, I understand you made my report, upon which I cannot heare by her, that your house gave any iudgement, either for me or against me, but only referred my businesse back unto the same Committee where you have the Chaire, (I may say to be delayed 15. moneths longer) to search out Presidents, and to debate upon point of law the iustice of my proceedings with the Lords, and appointed two Lawyers, of your own House to canves it, without ordering me to wait upon you to plead my own cause, which I conceive I am more able to doe for my own good and benefit, then all the Lawyers in your house, whom I can neither looke upon to be friends to me, nor my iust cause.

Sir you may please to remember, that at my first hearing before you and your Committee, about the last end of October 1646. in the &illegible; Court of Wards, I humbly craved leave of you to speake to two principall heads in the pleading of my cause before you, the first was in point of Law, where I offereed my law profes before you to show that the Lords had no iurisdiction over me, nor any Commoner of England in any criminall case, which was, and is the only point of controversie betwixt us. And Secondly, if they had a iurisdiction over me, (which I then possitively denyed and still doe the same) yet the manner of their proceedings with me, was altogether illegall, uniust, and against the expresse law of the land. But if your memory serve you, you may please to remember that you your selfe as the Chair-man of that Committee told me, that you for your part, and you thought the whole Committee were satisfied in point of law, as fully as my selfe, that the Lords in the case of controversie betwixt us, had no iurisdiction over me, and you applyed your selfe to them to see what they said, and they all assented to it, without so much as any own of them then scrupling, and therfore you commanded to go on to the second head, which was matter of fact, which then & the second time, I came before you in the Exchecq. Chamber, upon the 6 November. 1646. I fully did, as you may still read in my relation of it, given in unto you, under my hand the &illegible; November after, by your own speciall order, and since printed and intituled, An Anotamy of the Lords tyranny. But Sir seeing then that you would not let me plead in point of law to their iurisdiction, give me leave to intreat you to examine my proofes and authorities, which I have since printed, and reprinted in my wifes large Petition to your House in September last, and they are principally, The 29. chap. of Magna Charta, and the 3 of Ed. 1. 6. and the Petition of Right, in the 3. of the present King, which 29. chap. of Magna Charta, and the Petition of Right, by expresse name are every branch and clause of them, most solemnly and strongly confirmed by your selves in this present Parliament, in the 17. of the King, in two severall Acts of Parliament, in the time of your uprightnesse, and called, an Act for regulating the Privie Councell, and abolishing the Star-Chamber, the other is called an Act for the declaring unlawfull and void the late proceedings touching Ship money. And now Sir, that I and all the Commons of England, may not be mistaken in expounding of Magna Charta, and what is meant by a tryall by our Peers, we have learned Sir Edward Cook (your own approved Oracle of the law) for our guide, who in his commentary of the 14. and 19. Chapters of Magna Charta, (published by two speciall Orders of you this present House of Commons, viz. &illegible; May, 1642. and 3 Iune, 1642 unto the whole kingdom for good law) expresly saith, that by a tryall of our Peers, is meant Equalls, men of our own condition, Commons, as being the only Peers to Commons, as Barrons of Parliament are the only Peers to Barrons, 2 part institutes, folio, 28. 29. 46. 50. See also Iudge &illegible; &illegible; opinion to the same purpose, in his late printed paper, called his declaration, and I am sure he is no enemie to any of the Lords legall priviledges, see also &illegible; Plebis, printed 1646. the Author of which in his 37, 38, 39, 40, 41. pages, expresly concurs with Sir Edward Cooke, and Iudge &illegible; iudgement, and I am sure the Author of it is a professed, learned and &illegible; Lawyer, and that which adds strength to his opinion in iustification of my iust and legall contest with the Lords is, that he is, to my knowledge no enemy to the grandure and dignitie of the Lords.

Now Sir, as for Presidents, if you seek to find any what your House hath done in the case where any hath protested against the iurisdiction of the Lords, and appealed to the House of Commons, as I have done for iustice, protection and right, I doe beleeve you will never find one president in England before mine, for as I was (for any thing I could ever heare) the first man in England that refused the Star Chambers illegall and uniust oath, so I beleeve I am the first man in England, that ever at the Lords &illegible; (to their faces) protested against their iurisdiction in criminall cases, over the Commons of England; and Solemnly and formally appealed to the House of Commons, as me legall Peers and Equalls, for &illegible; and right; and what if you should find presidents, that the House of Commons informer times have like base fellowes betrayed the liberties of those that trusted them, (for no other end but to provide for their weale, nor for their woe, 1 part book decl. pag. 150.) into the hands of the usurping house of Lords, & suffer them in criminal cases contrary to law, reason and equity, to try, examine; or imprison Commons, that are none of their Peers, as the House of Commons, (if I be not misinformed) laterly did to poore Mr. William Larner, who most illegally and uniustly surrendred him at the Lords desire, up to their fury, and to receive a tryall at their incroaching bar, to their everlasting shame be it spoken, yet give mee leave to make use of your own argument and words against your selves, for my present defence, that you used against the King, for your defence, viz. That the practice is no argument against the right, &illegible; part Decl. pag. 709. for the question betwixt the Lords, and you, and me, is not whether the Lords have in criminall cases tryed Commoners, or whether the house of Commons, have given way unto them so to do, but the true and reall question is, Whether or no the Lords by the Law of England have any jurisdiction over a Commoner in a criminall cause, and whether or no in case of Protest against the Lords illegall usurpations, and Appeale to the House of Commons for iustice and right, they be not bound in Law to protect them in it, and not to doe the contrary, upon paine of being adiudged Traytors to their trust by the people, that chuse and trusted them to preserve their liberties and freedomes, and so lay themselves open to the peoples &illegible; to execute and destroy them.

And admit that our fore fathers age after age, have through ignorance or base feare, suffered the House of Commons to betray their liberties, and the Lords to usurp them, it doth not in the least therefore follow that I must doe the the same, for Sir, for a Theife to tell me he rob’d such a one in such a place, and therefore I must part with my purse, I thinke it is no good argument, and I cannnot but iudge him sit to be chak’d up for a foole, that judgeth it so, and thereuppon parts with his purse: I am sure it is the command of God, that we shall not fellow a multitude to doe evill, neither shall we speake in a cause to decline after a &illegible; to wrest &illegible; cut, Exodus 23. 2, and I am sure your own Declarations tell me, That reason and iustice is the true fountaine of all iust Presidents, book Decl. 1 part, pag. 265. and 726. But I would same know, what President there was for the first President? if nothing at presidents make things lawfull? I pray what law was their for the first President? or what law or iustice is there in all your own actions, that are done without Presidents? read but your own premitive forementioned Declarations, and grant me the benefit of your own words and arguments, that reason and iustice are the fountaine of all that presidents, and I am safe and secure, and the Lords in the dust, but what need I to stand about this, seeing I have delivered you a coppy of the originall Record, under the Record Keepers hand, in the case of Sir &illegible; &illegible; who in the &illegible; of Edward &illegible; was condemned by the House of Peers, for murthering King Edward the second, but the House of Lords themselves can &illegible; that act of theirs was against law, they being not his Peers, and therefore agree, it shall &illegible; &illegible; into President, 2 part institutes follo. 50. See me book called the &illegible; &illegible; Oppressions declared, where the Record is printed at large. And a second President is fresh &illegible; &illegible; In Captaine Mayses case, who about two yeares agoe, was committed to the &illegible; by the House of Lords, for stopping and opening the Scotch Commissioners Letters it the guard, and upon his Petition to the House of Commons, was freely set at liberty by you.

Sir I could not possible expect lesse, if you made my report (the case in law being so clear and plaine) then either freely at the present to be delivered, or at least, to have liberty upon securitie given to the Lieuvenant of the Tower, to have followed my owne business, my self, but seeing you have rid your hands of my report, and the fruit of it is stopt by &illegible; of my back friends, (and as I am credibly informed from authentick hands, Liev. Ge. Cromwell* put a delatory blur in it at the Committee, by moving it may be there debated by some Lawyers of your House, for which debate (being fast by the heeles my selfe) I may it may be stay 15. months longer I am now at an end in my own thoughts, for troubling your &illegible; house any more with my businesse, but am resolved by way of Appeale to make my complaint to the Commons of England, and to see what the private Soldiers of his Excellencies Army, and the &illegible; and the &illegible; &illegible; will doe for me, and all then selves concerned in me, and it I doe come quittance with &illegible; to some of my great &illegible; let them thanke themselves, & truly Sir my own conscience is fully satisfied, that I am not committed by an act of law and justice, but by an act of will, tyranny & force & also my own conscience is fully satisfied that I have attempted all fair & peaceable means, both with the Parliament and the Generall, whose prisoner as he is Constable of the Tower, I am, for whom he may justly in law take &illegible; (being I am committed but at most for a supposed &illegible;) which hath often been offered him) and which I am fully satisfied he himselfe was willing to accept of, if Lievt. Gen. Cromwell, and his Lordly interest had not over swayed him, For I know and fully heare, his will is the rule of the great actions at the Head quarters, and truly little good may either I or the Kingdome expect from his Counsell or actions; who is now so closely glude in interest, and councell to those &illegible; Sons of Machievel, who never heartily loved the liberties of the Commons of England in their lives, viz. The Lord Say, the Lord Wharton, young Sir Henry Vaine, and Soliciter St. Iohn, who as it is easily to be trayled and evinced, never in their lives stood further for the just liberty of the Commons of England, then might helpe them to pull downe those great men that stood in the way of their preferment, and might be as sterrups to helpe them into their saddies, to tide in tyranny and oppression, as they had done before them* which I beleeve will speedily be the ruine of them as well as it was of those that went before them.

I say therefore, considering all this, that I can find neither law, justice, equitie, nor conscience, in none of those great pretended legall interests, I have adressed unto, I am now resolved to try what I can doe by an act of force and power; that being as good law, as any I can see &illegible; by the Parliament or any under them, and it I perish in the attempt, so I may dye &illegible; like I shall doe it (as the case now stands) with as much satisfaction of mind, as ever I did eate or drinke in all my life, for Sir, I cleerly see Cromwells and Vaines designe, which is to keep the poore people ever lastingly (if they can) in bondage and slaverie, with a rotten and patrified Parliament, and to truth in peice, all the honest Nown-Substantives in England, that will not be soft wax, and receive what stamp they will stamp upon them, and to make up things amongst the bloody and I suiticall Clergy, that will be any thing for their profit, and so by degrees bring us under a New-England Independant tyranny, after we have throwne downe a bloody Episcopacie, and a persecuting Presbyterie, and tending hereunto, is the late &illegible; Ordinance for trible Tythes, to let the Presbyter persons know, that the Independants can swallow down such wicked &illegible; Goblets as well as they: and thereby draw them to so sake &illegible; and his blew Cap, and then they shall goe hand in hand with them in as profitable wayes, as any they had before, and to this end, tends the not purging of the House, that so Cromwell having the power of the Army at his beck, may hold a rod and a whip over those guilty and wicked knaves heads, that sate in the late Iuncto, and make them say and doe to save themselves, even what he pleaseth, as the Parliament at the beginning did, some of the wicked Ship money Iudges, and the Court Monopolizers, and so the votes, fruites and labours of all the honest men in the House and Army, that really intend good to the Kingdome, and doe not seeke the setting up of themselves, kindred and friends, may wholly be frustrated, Oh! for &illegible; Army of Lapers of water, that would at once venter their lives and all they have in the world in singlenesse of heart, against the usurpation of the Lords, and the jangling and fire brand interest of the Lawyers and Cleargy, and the present new upstarts, and immediately down with Tythes, and I am confident 500. of such, would be too hard for ten thousand of their foresaid adversaries.

And sutable to this designe is the advancing and countenancing of none but Nown-Adjutives in the Army, and all the labours, pollicies and endeavours to breake their Agreement at New-Market in peices, and so by consequence their gallant and just pollicie of Adjutators* which when by force, pollicies, lyes, &illegible; up and down the Regiments, that the Generall would have them to call home their Adjutators for affronting him, and retarding the businesse of the Army and Kingdome, it could not be done, then when this failes to sit upon the Courts old policies, to bribe all those Adjutators, with preferment of Offices and places, that will be brib’d and corrupted, and so few up their lips, for the spirit of God expresly saith, Gifts blind the eyes of the wife, and pervert the iudgement of the understanding, therefore it behoves the gallant Soldiers, in every Regiment to call home their respective Adjutators, and require an account of their Steward-ship, or Adjutator-ship at their hands and without any more adoe, to send new ones, and fresh ones to the Head quatters, in the roomes of all those, that cannot give a satisfactory and just account how they have managed the trust they reposed in them, and those that they find have more adjutated for to get Offices and preferments for themselves, then truly and really to serve their Regiments and the Kingdome, to set a brand of infamy upon them to future Generations. Nay, I heare the grandees at the Head quarters, have dealt by honest and gallant Major Wotte for maintaining nothing but truth (for it is cleerly evident, there is now no power executed in England but a power of force, a just and morrall act done by a troop of Horse, being as good law as now I can see executed by any Iudge in England) as Mr. &illegible; and his faction (not many yeares agoe) served you, for the very same thing when you were turned out of the House of Commons, and see it to the Tower, but I hope the Soldiers will not suffer their gallantest blades to be destroyed by power, and if I for Major White, should aske Lievt. Gen. Cromwell, how he would prove the present House of Commons by the Law of England, to be a legall House of Cõmons, I beleeve I should more puzzel him, justly to answer my question, then Major White did the other day, for your own learned Oracle. Sir Edward Cooke in the 4. part of his institutes chapt. High Court of Parliament, folio 8. expresly declares, that by law the House is no House without the Speaker, and that the House by law, can make themselves no Speaker, but by the Kings consent. If this be true, then those that fate and exercised with Mr. Pellam a legislative power, were no House, nor Mr. Pellam no Speaker, but rather they were a trayterous usurping assembly, for either they were so in good earnest, or else the Army and all those members, that were with them were so, and grant me but either of these, and it will necessarily follow, there is no legall House of Commons sitting at Westminster now, nor cannot be, tell the one party be totally &illegible; out. And when that is done, I would faine know how it can in all circumstances be cleared from an act of force. And Secondly, it is materiall to know, whether or no a magistracie or legall power, by any act of violence, may turne tyrants, and forfit their power and trust, and if he deny this, I will easily trip up his heeles, and if he grant it, and define what those acts are, I thinke it would make him swet to preserve the credit of the House of Commons. Againe I would faine know by law, how he can prove the House of Commons can grant our writs to chuse Burgesses, to recrute their House, and if they fall short in this point, the legallitie of your House is gone. Lastly, I would faine see his proofes in law, to prove the House to be a legall house sitting, without new impowring, after it hath been rejurned &illegible; Sir, whatever Lievt. Gen, Cromwells opinions be, I beseech you labor totally and wholly to purge the House of all the &illegible; blades, or else giving you as much as can in reason be given you, a man may easily in one sheet of paper, blow up he validity of all your orders and Ordinances, made in your mixed condition, which for my part I both doe, and shall looke upon as no more binding to me, then the Order or Ordinance of one of the meanest, of Sir Thomas his Regiment. So with my service presented unto you, I commit you to God and rest.

Your assured reconciled, faithfull

friend Iohn Lilburne.

Courteous Reader, seeing I am so hardly dealt with as I am, by those that I conceive both in justice, honour and conscience, should deale better with me, I shall fill up the two following pages, with such lines as I little thought I should be necessitated to publish, and I shall begin with a letter I caused to be delivered to L. G. Crom. at Kingston which thus followeth,

Sir,

IT hath been my unhappinesse to be undone, and of late in a manner destroyed, by men of guilded outsides, and amongst the rest, I must plainly and truly now tell you, I judge you the cheife, and shall if you please to get me so much liberty as to come and speake with you, easily evince it to your face, with that moderation as becomes a man that loves honesty and Godlinesse where ever he finds it, but that hates knavery and dissimulation in whatsoever person he meets it: Sir I have used all the meanes in the world I could think of to unbowel my minde as a friend to you, face to face, but cannot prevaile with you any otherwise then to slight me and my desires. I have lately sent you a faire message by Captaine Iohn White, and by him I received a contemning answer, only he pressed me to know which way I could doe you and your flattering darelings a dispeleasure, I have only at present sent him by Mr. &illegible; a coppie of this inclosed paper to send speedily to you with this message, that I doe verily beleeve that that paper printed with such a parraphraise upon it as I could easily make, for all your present conceived greatnes, would easily pul you as low before you were 3 months older, as I am, Sir I have honoured, you and my good thoughts of you are not wholly gone, though I confesse they are very much shaken. Sir, I most earnestly begg it at your hands, that you will within a weeke order it so, that I may either come and speake with you, or else that you would come and speake with me, that so I may betwixt you and me, tell you that which truly my provocations and sufforings will hardly long let me to keepe from publique view: I have sent you this letter unsealed by this bearer Mr. Hunt, who very much honours you, of purpose to make some additions to it, and to leave you (as my last to you without all excuse) in case you slight this as you have done all my often former desires to you and I shall rest.

Sir, your true universall friend as I have formerly been,
when you shall manifest your selfe to be lesse for your
own &illegible; greatnesse, and more for destributive
& justice, & the common, (not factious) good of your
&illegible; &illegible; country.

Iohn Lilburne, that neither
loves basenesse nor feares greatnesse.

The forementioned paper thus followeth.

Lievtenant Generall Crumwells family in the Army. Imprimus himselfe, Lieut. Gen. and Col. of horse. 2 ly One of his own sons Cap. of he Generals life guard. 3 His other son Cap. of a Troope of Horse, in &illegible; Harisons regiment, both young, raw and unexercised Soldiers. 4 his brother in Law Desborow, Col. of the Generals Regiment of horse. 5 his son in Law Ireton, Commissary Gen. of the horse and Col. of horse. 6 his brother Ireton Quarter master Gen. of the horse, and Capt. of a troop of horse, 7 his Cozen Whaly, Col. of horse. 8 and his brother Whaly lately made judge Advocate, and all these are the Lievtenants Generals Creatures at his beck and command. Beside his Cabbinet junro which are principally, C. Robert Hamond, Col. Nat Rich, Col. Harrison, and Scout master Gen Watson; and Commisary Staines and Mrs. Cromwell are said to be the cabinet Junto for placeing and displacing of officers, in the Towre of London, who it is said have nominated Robert Spaven the Liet. Generals man, as there chief favouret to be the master of the armory in the place of Mr. Anthony Nichols one of the 11 impeached members, so that it is evident and plaine, that Lieut. Gen. Cromwels cheife designe, is not the good of the Kingdome, and the promoting of universall and unbiased justice: but the advancement of himselfe and his own kindred and friends, which will unavoydably destroy him, it he speedily look not very well about him, for the principall power of the Kingdome being in his hands, (and not in the Genneralls, nor the Agitators) all the grand oppressions, injustice, and delayes in justice, will and must be, layd upon his shoulders, seing he now hath power enough in his own hands to help it if he had a mind.

For his Excellency Sir Thomas Farfax, Captain Generall of all the forces of England, at his head quarters at Putney this present.

Most noble Generall,

GIve me leave to acquaint your Excellencie, that the Lords day last, I sent your honour a large letter, to intreat you to make no addresses at all to the Lords for me, and this day at the desire of some of the Adjutators, I have fully stated my cause to them,* & acquainted them fully what I desire, the substance of which was to improve their utmost interest to get the House of Commons* to call for my report from Mr. Henry Martin, who with that Committee where he was Chairman, did many moneths ago heare my case, and upon it either to justifie me or condemne me, for protesting against the Lords jurisdiction over Commons in criminall cases, and for my appealing to the house of Commons, my legal Peers and Equalls, for protection, justice & right against the Lords usurpations.

But most worthy Sir, the chiefe cause why I now make bold to trouble your Excellency, is because I am again and again continually told of many hard speeches against me at your quarters, for abusing L. G. Cromwell, which sometimes makes me thinke my deliverence is much retarded thereby, vouchsafe me therefore liberty most noble Sir, humbly to your most just and worthy selfe, to make this proposition, that if L. G. Cromwell, or any other in the Army conceive that I have done him any wrong, that if he please to chuse two honest men, I will chuse two more, and also your Excellency to be Vmpire betwixt us, before whom I shall humbly desire our differences may be farily debated, and what the issue of all shall be, I for my part will stand to, and fulfill your Excellencies award, be it what it will be, if it be within my power So craving pardon for my continued boldnesse with your Excellencie, I commit you as my own soule to the protection of the most high, and shall res.

Sir, your Excellencies most obleiged faithfull
servant to the uttermost of his power,

Iohn Lilburne.

For the Honourable the Lieut. of the Tower.

Sir,

I Am apt to thinke, that if the Committee of the house of Commons, come this afternoon to the Tower, the in reference to the Generalls letter I may be sent for by them, truly Sir I desire not to affront them, which I must of necessity doe if they send for me being I cannot owne the power of the House of Commons in their present mixture, therefore if they should goe about to send for me, I earnestly in treat you to doe your best to divert it, and I shall be ready to give you my perrowle or securitie if they and you agree upon it, Sir I hope you will excuse the boldnesse of.

Sir, Your humble servant,

Iohn Lilburne.

FINIS.

TWO LETTERS: THE ONE FROM LIEVTENANT COLONELL Iohn Lilbourne TO COLONEL HENRY MARTIN, a Member of the House of COMMONS. VVITH HIS ANSWER.

SIR;

I Received yours of the 21. instant, even now in answer to mine of the 20th instant, and I must be necessitated to tell you, that no man so well knows where the shooe &illegible; him, as he that weares it; and my ten yeares experience of afflictions, (without to this day ever obtaining one penny-worth of Justice,) being a younger Brother, and having not one foot of land in all the world to support me, hath run me now at last in many straights, having wife and children to sustaine and provide for, as well as my selfe, so that I must ingenuously confesse unto you, if I had not a little credit now and then to borrow a summe of money, wee must have been forced ere now to have eate one another: and I must tell you, that I can not alwayes live upon that score, and debts must either be paid in some time, or else lenders will grow weary, especially when they have no other securitis but the bare word of a man &illegible; and present poverty, and guilty of my owne death, I have not be, but must doe the utmost that the best reason GOD hath given unto mee, will dictate unto mee to preserve my selfe, and truely and before God I speake it, I have left no meanes I could thinke of unassayed to prevaile with you, to make my report, or at least vigorously to endeavour it; for faine I would have been at the House to have paid them according to their deserts, but I could not come at them so fully as I would, but I must furiously smite you, (which I protest with ingenuitie I was exceeding loath to doe.) In regard you never by your selfe, or under your hand, or by any other way, that I could build upon for an avouched evidence, did ever give me, before now, to understand that you had faithfully endeavoured to discharge your dutie, whereunto you were often prest by mee. Now you tell mee you have offered my report twenty times, but could not be heard by your House. I am glad to heare from your selfe, you have so done, and shall give credit to it, and wish I had had the same information from you the sooner, that so I might not have falne so foule upon your selfe, who had not a small proportion of my affection; and to your framing an answer to my printed Epistle to you of the 30th of May last, I desire with all my heart, you may goe on, and not spare me, nor any man else in your way. And I must informe you, that when your friend and mine, Mr W. W. tould me of it, I was very glad and earnestly entreated him to presse you to finish it, telling him what ever was in it against mee, if you could not get it printed, I would get it done for you, and pay for it my selfe. Sir, goe on I beseech you with vigor and strength without delay, to discharge your dutie about my report, and if upon a hearing before indifferent men, chosen by us, I have done you any wrong, I will abide the award, and punctually performe it, what ever it be, if within my power, and I doubt not but fully to make it evident, that I have been, and am as really your friend and servant, to the utmost of my power, as you are or have been;

John Lilburne.

FOR LIEVT: COLONELL Iohn Lilbourne At his Lodgings in the Tower, PRESENT THESE.

Sir;

BY yours of the 23th (outside and inside) I am earnestly invited to come abroad in print, for which I have not onely your advice and encouragement, offering to defray the charges thereof your selfe (notwithstanding your poverty;) but I have your example too, (the most taking way of perswasion;) for the same day wherein I received your last by my man, I met your former Letter printed: All which is but concurrent with my own resolution, so expressed when I wrote unto you; and if I be not altogether so early at the Presse as you might expect, (because your selfe would haply have made more haste thither) you may be pleased to impute it, not to a want of knowing what to say in my own behalfe, nor to a loathnesse of being at the charge to publish it, but partly to a kinde of tendernesse &illegible; &illegible; first setting my foot upon that stage where I was never yet (otherwise then passively,) and partly to the multitude of other businesses, which were enough to distract a better brain then mine, and shake the penne one of a mans band after he had sworn to write. In so much, as if every one of those whom I have wronged like you (that is, for whom I have not procured what they desired) should require the same satisfaction from mee that you doe, Martins Pamphlets bound up in a volume would fill a considerable roome in a Booksellers shop, though stuffed wish nothing but what is most true for the matters overred therein, and very civill to the persons mentioned. Therefore when you shall finde your ungentle language answered with mildnesse, I due freely disclaim the deserving of any thanks at your hands, as if I spared you, where in truth I spare my selfe, thinking it lesse credit for mee to out-run you in evill speaking, then to goe slowly on your arrands. Upon this very ground I beseech you not to trouble your selfe, (much lesse any body els) about repairing of mee, till I feele my selfe dilapidated; for, besides that, (in my conscience) you never meant mee harme in any thing you said of mee, bad your meaning been never so bad toward mee: I doe not take my selfe to be within the reach of a tongue: bitter words are indeed compared to arrowes, for so perhaps be fancies them that utters them, and some wise men, at whom they are well aimed, but I am such a foole as to conceive they are alwayes shot upright into the aire, and either vanish there, or (if ever you heare any more newes of them) they are sure to light upon the head of him that shot them. Whether you have been mistaken or no in your censures of mee, no man shall be Judge but your selfe, nor should have been witnes, if there had not been more need of humouring you, then of clearing: Sir,

Your most affectionate
friend and servant,

H. M.

Endnotes

 [* ] What over, brought me unto all my &illegible; & unworthily & &illegible; &illegible; left me in them, & now it is too evident, that he is an active instrument with his &illegible; power to destroy &illegible; in them, for proofe of the two first, see the second &illegible; of my &illegible; to &illegible; &illegible; reprinted in &illegible; last.

 [* ] See the last end of my book, called the resolved &illegible; resolution, and there you shalt see how those Iudges behaved themselves, and the last end of &illegible; oaths.

 [* ] Which when time was saved the heads of their great ones upon their shoulders, when they themselves &illegible; do nothing for their own preservation.

 [* ] Which is lately printed at the last end of the second Edition of my Epistle to Iudge Reeves, called the just mans iustification.

 [* ] I doe now ingeniously confesse, that if I had not been extraordinarily persuaded the House of Commons would immediately upon the Armies Declarations, have bin purged of all Mr. Pellams crue, that sate with him, I should not have desired any addresses for me, to be made to them.

 

9.13. Anon., Vox Populi (1 November, 1647)

Bibliographical Information

Full title

Anon., Vox Populi: or the Supplication and Proposals of the Subjects of this miserable Kingdome, languishing under the heavy burden of Free Quarter. Directed to Sir Thomas Fairfax, and to the Officers and Commanders in the Councell of Warre.

Luke 3. 14. And the Souldiers likewise demanded of him, saying, And what shall we doe? And he sayd unto them, Doe violence to no man, neither accuse any falsely, and be content with your wages.

Novemb. I. 1647. Imprimatur Gilbert Mabbot. London, Printed by T. H. for John Playford at his shop in the Inner temple. 1647.


Estimated date of publication

1 November, 1647.

Thomason Tracts Catalog information

TT1, p. 566; Thomason E. 412. (15.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

The Supplication, and Proposalls of the Subjects of this miserable Kingdome, languishing, and almost expiring under the burden of Free-Quarter, &c.

WE the afflicted people of this perishing Kingdome, being no longer able to endure those burdens, under which we have so long groaned and languished, nor having any other way of accesse unto your Excellencies presence, then by that of the pen; doe humbly represent unto you our deplored condition, from whom we doe expect such redresse and remedy, as our calamitous estate requires, and your goodnesse promiseth. It cannot be unknowne unto your Excellency, and to your Officers, and Commanders in the Counsell of war, how many great and grievous pressures have been laid upon us during these miserable times; how our estates have been exhausted, our grounds left unmanured, and growne out of tillage, our stocks consumed, and those small sums of money which we have laid up for the preferment of our children, spent to the last farthing in those frequent taxes which have been put upon us for the use of the Armies. And now when wee began to flatter our selves with the hopes of peace, or a refreshment at the least of those heavy burdens, and were perswaded that the bitternesse of this death was past; we finde some causes to misdoubt that we have been permitted to breath a little, only to make us able to endure more misery; out very hearts failing in us, and our knees sinking with us, to thinke of those calamities we are to suffer, when the Souldiers (as tis noised they shall) doe spread themselves abroad amongst us for their Winter-quarters. It is not our intention to accuse the Army, of which we have so much and so many reasons to speake nothing but good, or to complaine of any of the Officers and Souldiers in it, whom wee are desirous to oblige by all honest waies, Much lesse is it our designe or purpose to supplicate for the disbanding of this Army, under your Excellencies command; considering how many important reasons there may be (though unknowne to us) not only to uphold it, but recruite it too, and that we looked upon it yet as the last great hope, next under God, and his Vice-gerent of the publick liberties. All we propose unto our selves in this humble addres, is that your Excellency would be pleased to put it into such a posture, that it may be a blessing, not a burden to us, and that it doe not prove a Corrasive instead of a Cordiall.

We doubt not but your Excellency knoweth full well, into what infinite slavery the free borne people of this Kingdome have been brought of late, by the intollerable yoke, and insupportable bondage of Free-quarter; not only in regard of the charge thereof (though that no otherwise to be born, then as the just necessities of the State do require it of us) but of that drudgery and vassalage which it carrieth with it. By means where of the best of our Gentry, and their wives are looked on but as Hosts and Hostesses, subject unto the insolency and imperiousnesse of the Common Souldiers; who understand: heir own power and strength too well now, to take state enough upon them, and to command in chiefe wheresoever they come. And though your Excellencies Army hath been so well disciplined, that we have no reason to complaine of publick outrages, and should be very unthankfull both to God and man, did we not cheerefully acknowledge that we can travell the high-waies about our affaires with greater safety then in any time before since the war began; yet we crave leave to represent unto your Excellency, that we conceive our fortune to be little bettred, unlesse the influence of your Excellencies goodnes doe extend so far as to protect us in the power and property of our houses also. Your Excellency cannot chuse but know, that how obedient soever Souldiers are, when they are united in a body, and under the discipline of war, yet that they may, and probably will be guilty of many insolencies, when they are out of the fight of their Commanders; especially in the houses of poore Countrey people, who neither have the spirit to oppose, nor the wit to perswade, nor any other meanes to hold faire with them, then by permitting all they have to their power and pleasure. And we beseech your Excellency to consider seriously of that heavy affliction, which (if there were no other) must needs lie upon us, in not being suffred to be Masters of our owne &illegible; in which, under the blessed protection of God and the Lawes, we lived so many yeeres before both in peace and plenty, inseeing more of our goods and provisions wastfully spoiled then necessarily spent, whilst the Souldier is resolved to carve for himselfe, and not to take what would be cherefully and gladly given, though spared out of our owne bowells to provide for his; in the diversion of our servants from their houshold businesse to attend upon the humours of so many Masters, by which we are cast behinde hand in all waies of husbandry, whereby we are to have subsistance for the times to come, in the ill example given our children by their licentiousnesse, who having nothing whereupon to employ themselves, spend the whole day in smoake and drinke, and other the effects and consequents of unthrifty idlenesse; and finally in the inveigling of the Daughters of many Gentlemen of ranke and quality, to the great discomfort of their Parents, and their owne sad ruine.

Most honoured (and most worthy to be most honoured) Sir, these are the miseries from which we hoped to bee redeemed, when there appeared no enemy against them to fight, and that the Scots were hastned out of the Kingdome as no longer usefull, and to this hope we have been many times encouraged both by the Agitators of the Army, when they were amongst us, and by those many notable Declarations which have been made of your intents and purposes unto all the Kingdome. And should those miseries returne againe upon us, assuredly our estate would be so much more miserable then it hath been formerly, by how much it is more afflicting to a man condemned to suffer death on a reprieve, when he had comforted his poore soule with the hopes of life, then presently upon the sentence, when he did looke for nothing, but the stroake of death. But because your Excellency shall not thinke that we make all this moane to no other end, but only to decline our part of the common burden which the maintaining of the Army untill peace be settled, must most inevitably bring on the Kingdome joyntly; we shall make hold to offer to your Excellency some expedients, whereby the Army may be kept in the state it is, and yet the Countrey cased of that wretched thraldome which quartring in our houses must needes bring upon us.

1. And first we humbly recommend it unto your Excellencies care and consideration, that though the whole &illegible; which is due to the Army cannot be suddenly raised, and made good unto them, the treasures of the Kingdome being so exhausted, and such a distance and misunderstanding seeming to be betweene the Army, &illegible; the great Conductors of Affaires; yet that some speedy and effectuall course be forthwith taken to pay them up unto the full for the time to come, that they may live on their owne pay, without devouring the increase of the Plough-mans harvest, or spending on the sweat &illegible; the poore mans browes; to which who will not gladly pay his proportioned rates, let him be punished with Free-quarter, without hope of remedy.

2. That if this be too great a worke (as we hope it is not) to be effected in the present conjuncture of time and circumstances, and that the Army must be quartered upon the Subject; your Excellency would please to dispose of it in such parts of the Kingdome, as have least tasted the calamities of this lingering war, and are still fresh and full both of stock and money, and consequently better able to beare the burden, then those who having languished under both Armies for five yeeres together, have neither horses left them to plough their ground, nor corne to sow, nor stock (nor money to buy stock) to better and improove it to the best advantage.

3. That if your Excellencies forces must be so disposed of, as may be more conducible to the ends of the Army in order to the publick peace of the Kingdome, then to the ease and comfort of particular Counties, how miserable soever they are wasted and destroyed already; it may be then ordered by your Excellency, and the Counsell of war, that all such persons in those places where the Souldiers quarter (except it be only for a night and away) who are desirous to ease their houses of that trouble, and themselves from the servitude and bondage of it, may be released from quartering either horse or foote, paying 6. d. per diem to the Foote, and 2. s. per diem to the Horse (which are designed to billet on them) wherewith to beare their owne charges and defray themselves, which is as much (considering that cloathes and other necessaries must be provided out of their pay) as their constant and usuall establishment doth amount unto.

4. That if this doe not seeme sufficient to content the Souldier, that then they may be quartered in the Market Townes, where there is roome enough to receive them, all necessary accommodation for them, where there are many Innes and victualing houses which would be glad of such guests, and many a poore honest man who willingly would turne victualer upon such occasion, as commonly they doe, and by Law may doe at all publick Faires; and that a summe of money answerable to the number of Souldiers which are so disposed of, be laid indifferently on the Counties in which they quarter; consideration being had of the condition of the place and people, the ability of mens estates, their charge of children, the ranck in which they are to live with that charge and meanes (which circumstances were heretofore observed in all Arbitrrary Taxes) regard especiall being had to their former sufferings,

5. That in apportioning those summes your Excellencies Officers be not only guided (as they have beene formerly) by the Constables of the Hundreds, or the Tithing-men of the severall, and respective Parishes, but that the chiefe persons of every Hundred, one at the least for every Parish, be conveened together, by whose advice the burthen may be laid with the most indifferency: And that no Constable or Tithing man (as they have done lately) may use an arbitrary power in charging the Parishioners how be pleaseth, and totally exempt himselfe, and perhaps his friends, not only from all payments in money when such payments come, but from the quartring of Souldiers that they must quarter on us. By meanes whereof that burthen is not only made more heavy to the rest of their neighbours, but more unpleasingly to them far then it would be otherwise.

6. Whereas it is conceived, that if a course be taken for the pay of the Souldiers they shall be so billetted on the Subject, as to pay for their Quarters; wee humbly represent to your Excellencies consideration, how short that way will be of giving satisfaction to the Kingdome generally; how few of the grievances and inconveniencies before expressed, will be hereby remedied; with what reluctancie and unpleasingnesse the Soldiers are likely to part with their money to the poore Countrey men, and Persons of the better quality to receive it of them: and finally, that if the Soldiers doe so Lord it over us, and are so hard to bee pleased, when they have it Gratis, what vassallage we must undergoe, and what Imperiousnesse the poore Gentry must be subject to, when they shall tell them to their teeths, that they have nothing of them but what they pay for. Which may be remedied by Quartering them for their money in Market Townes, and will not onely please the Souldiers, and bring great profit to the places in which they Quarter, but bee a most invaluable ease and comfort to the wasted and afflicted Subject, who desires nothing more, then quiet after all this trouble.

This is the summe both of our Grievances and desires which in all modesty and humility wee offer to your Excellencies consideration, and to the gravest and most serious deliberations of your Councell of Warre. And wee doe humbly desire withall, that if the ease and contentment of distressed Subjects, be of any weight and moment in your considerations, (as we verily beleeve they are) that you would publish your result upon these Proposals, or take them at the least as hints to some publique benefit, which may redound unto us on debate hereof: that we may know the better how to steere our course, and not be cast away on any of those Rocks and Precipices, which we are studious to avoyde. A course whereby your Excellency will indeere the People in all the tyes of love and gratitude to so eminent goodnesse, raise up the fainting heart, and the drooping countenances of the afflicted and oppressed Subject throughout the Kingdome; make you, and all the forces under your command, more absolute masters of their affections, then you are of their Fortunes; and have all tongues to pray, and all hands to fight for you, in Order to the ends proposed in your Declarations, which wee are confident you &illegible; at without by-respects, however many ignorant and malicious men mis-report your purposes. Finally, wee beseech your Excellency, that if any thing hath scaped us in this present Paper, not ballanced as it ought to be, or not of such an acceptable sound in the souldiers eares, as we heartily desire it should; it may not be imputed unto disaffection, but onely to the sense of our former miseries, and the strong feares we have of the like to come: And that your Excellency, and the Army, would conceive thus of us, that we wish them as much true honour, and reall happinesse as they desire unto themselves; and looke upon them as the onely remaining Prop, next under God Almighty, and our gracious Soveraigne, of the ruinated, and almost expiring Liberties of the English Subject.

FINIS.

 

9.14. Anon., Observations upon Quartering (4 November, 1647)

Bibliographical Information

Full title

Anon., Observations upon, and in Answer to his Excellencies late Letter to the Honourable Citie of London, for raising Assessements, and Free-Quarter, (alias) Plunder. With the Dreadful Events of Rustick Domineering Souldiers. Being a Caveat for all Cities, and Subjects in the World, how they take up Armes against their Native King.

Look on Psal. 55. from verse 12. to the latter end of the 16.

Londopn, Printed for John Love-Foye, 1647.


Estimated date of publication

4 November, 1647.

Thomason Tracts Catalog information

Not listed in TT.

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Observations upon, and in Answer to His Excellencies late Letter, &c.

SIR,

THIS Citie which of late, Forrainers courted for the fairest of ten thousand, now seems to prostrate her self as a defac’d and defloured Strumpet, whom forraine parts reported the sure Magazine even to a Mirrour, now cannot parallel the security of a private Cash-box, wherefore she may hang up her Harps on the willowes and whine out a ditty for her devour Champions: because the abject of her highest hopes becomes the subject of greatest Demands, the front of her felicity is penurlously plac’d in the arear, so that his Majesties Prerogative cannot head the Van, but alas poore particular Citie when her Generall speaks universall souldiers Soveraigne.

And his Excellency is pleased in the beginning of his late Letter to mention what tendernesse hath had been exercised by Him selfe and this Army towards the Citie to preserve it from the least dammage; it is true the Citie was long with childe of a Charter, and the Man-midwise very gingerly brought her to bednd, danger redounded thereby but by making the Market place a thorough fare for &illegible; and so frighting the poor Hieders of the Custome &illegible; as far as Amsterdam, in homage to the Army of &illegible; the Tower Bulloin was taken out, and if the Town Bal had bio put in the City had blo &illegible; stem damage. Notwithstanding great provocations, the greatest provocation that ever durst shew it self on this side hel claims acquaintance with the Army, who provokt the King from Holdenby we may take His Majesties opinion declares in (the narrative) a company of proper Gentlemen of His Excellencies, or Master Ioyces Army, who provoked the Commissioners of the Parliament; of England and Scotland, who provoked the very nature and body of our Parliament to be purg’d, which is against their nature being in themselves the Representative health of the Kingdom, and against the naturall discipline of warre; For the establishment of which (His Excellency doth intention much activity in the former Letter, dated Putney. 1647. in these words, J thought fit to let you know, that by the advice of the Generall Councell of the Army J have appointed a Rendezvous speedily, and they have very &illegible; offered to repaire to their severall Charges, and improve to their utmost endeavours with the severall Regiments for the quieting of there, and the recovering the ancient discipline of the Army to render it more serviceable to the Parliament and Kingdome; and to the end your expectations and desires of all good men may be answered by a good issue in this worke of so much concernment to the Kingdom. From whence the result doth properly arise, that it was your Army which had lost their ancient discipline, consequently been lesse serviceable or lesse then serviceable to the Parliament and Kingdome, and the desires of good men have not been answered, but themselves in both Citie and Kingdome provoked by being disappointed in the bad issue of this worke, with what patience wee have waited for the raising of those Arrears, which have been long since done, questionlesse Sir for your particular person in patience you may possesse your soule, but the Army is very impatient to have a shire in all possessions: Community is very impatient of propriety. Have but a little patience, did not your Excellency before the King came to Holdenbie humbly present on the knees of Loyaltie a solemn Protestation, not only of preserving His Majesties person, but speedy promoting of it to His Throne, mangre all sinister designes; but since have not those Agitating Agents, had patience enough to stay the turning of their passion into an action (at Hampton) against His Majesty, and whilst those sonnes of Committy men were trayterising an Inditement they would put in practise an Execution, but in reference (to the waiting of Arrears) which is nothing else but that the Armies patience or wayting hath been to rayse or augment Arrears, which is verified in the 100000, per meusem from 60000. The subsequent words expresse the Armies lying so long about the Citie, and that they cannot continue much longer without intolerable oppression) for which kind of oppression there is a palpable toleration in liberty of conscience; for example, my conscience and another mans take free leave one of another, in point of opinion doe censure by way of contraryes, so what in his is indeed intolerable oppression, in mine is in zeal, or a meek imposition; therefore it must have an Independent, past yet the Army cannot lye any longer, then would suddenly some Miracles were wrought amongst them, that they would willingly take up their Dowsie, beds and walke, give fire to their Ammunitions, and be gone, accept of their bare Arrears which is sufficient to cloath you, and their ruly begotten posterity of England, and be disbanded; for it is sufficient for them to be Priests and Prophets and not Kings—and yet after so long and obstinate, with-holding, what hath been their due in affront to the Parliament, and in the face of an Army, how can they be obstinate, whose soft hearts at first even melted, their silver Charges, Basons, Boles, Poringers, spoons, Rings, and Whistles into a streem of rebellious blood, in which this Army hath swum to this present high tyde of uncharitable Impeachment and how can the Citie probably act any thing in affront to that power, whose defensative Frontiers they ever were: But alas poor Metropolitan thy case is pittifully bewrayed for thou art now taxt for doing in the face of an Army, but by consequence they resolve to doe in thine; so it is a pure Prophesie that the Armies blind cheeks must serve the Citizens for Spectacles: Because they must have no other Prospects then their black-parts: the ensuing discourse, doth shew the reasons of not with drawing the Army from the City: because after the much warning given, if they should only pay them Arrears it would be an ill example: If it be an ill example to pay all that is due, then surely it is one good example to pay none at all: via contrariarum, by way of contraryes; as for an instance, pay but the devill his due of Arrears, in riches, to wit extortion, in the day; and he will impose a disquiet reposall in the night, still he puts a penalty to distresse, adds punishment to payment, and why, because the Divell is int, which leads to the grand purgatory of persecution specified in these words: For the speedy levying both of Arrears and Penaltyes; qui ante non caveat post dolebit, much but the Cats tryle and you hazard a scratch the Arreare faces about the penalty: if it had been levy Arrears, under penalty of being puss’d by the eares; wee should have heard the found of mercy: or if levy Arreares under penalty of our high displeasure: a proportion of justice had stept in: but levy Arreares and penalty, is such a compound of taxations, that it will make but simple ingredients of all our Citizens: O monstrous horror, indeed sure this is no simptome of an Army of Saints, for persecution by Sts should worse then be the persecution of Saints. Me thinks I see the subtile ghosts of deceased Monopolizers offer incense to this penalty posture, as transcendent; having gain’d a perpetuall patent of standing to their armes, God a mercy black Tom, the ship Mony strikes sayle to this Man of War; the Pole mony for Pauls Church repairation, whisper’d but a summons in the eares of the devout vulgar; having reasons of some tune, to second their good designe, as to reforme Organs, untill they spoke nothing but latin, and as men lead Bares by the noses to the Bare-garden, so they would Iug men by the eares to Paradise, or at least tickle them till they thinke so, (but this) thunder bolts the Jolsheads of our Jerusalem; by way of levying or levelling, that their hornes should not be exalted above their brethren, but be themselves reduced to the old obedience of subsidie subjects for the trainins up of Saints, to the fulfilling of their prophesie, of raigning a thousand yeeres on the earth; the subsequent matter be speakes the necessity of it to satisfie; being formerly imposed by the advice of the Counsell of War: Here is just the Divell and his Dam, needs must whom the Devill drives, there is no Law for it, for there it must bee done of necessity, because necessity hath no law. And whose wilfulness (if not malignity or designe) have necessitated this, will beare the blame of all ill consequences that may ensue. That is as much as to say, if the Citizens do not leave all and follow him, they shall have nothing at all to live upon, now towards Christide the truth is accomplished, many false Christs are sprung up, and the Divell a bit of Christianity is in them yet the City Charter shall be turned into Charity, because Common-Prayers are for community, and to keep Mony is Malignancy: It is a Designe not to answer the demand of a Commander. And those that will not willingly be of the Tribe of Many-asses, and bear all taxations will beare the blame of necessity of all the righteous blood that hath been spilt since the King catching, and King-killing stratagems, henceforth and for ever.

The remainder serves for a martial manner of levying, but it exposing the swords point in case of opposition I will absent my selfe aside for my own security, Humbly desiring your Excellency because you stand at the Helme to steere steedy, or the winds and the seas will not obey you, unlesse you obey the supreme Providence, in establishing the Throne of its vicegerent King Charles; settling the Fundamentall Lawes instead of Necessities, and Penalties. and reducing Parliament and Kingdom to its former perfection, and then, but not before shall we have a great calme,

FJNIS.

 

9.15. John Hare, Plaine English to our wilfull Bearers with Normanisme (4 November, 1647)

Bibliographical Information

Full title

John Hare, Plaine English to our wilfull Bearers with Normanisme; or some Queries propounded to the Neglectours of Englands grand Grievance and complaint lately published under the title of Anti-Normanisme. Wherein is undeniably demonstrated, that while this Nation remaines under the Title of the (pretended) Conquest, She and every Member of her are no other then Slaves properly so called; And moreover, that (while she retaines the same Title) all her and her Representators contending with their Prince for ungranted priviledges, upon any pretence whatsoever, is unwarrantable and seditious.

Num inimicus sum vobis, dum veritatem vobis enarro? Gal. 4.16.

London, Printed for George Whittington, at the Blew Anchor in Cornhill neere the Royall Exchange, 1647.


Estimated date of publication

4 November, 1647.

Thomason Tracts Catalog information

TT1, p. 567; Thomason E. 412. (24.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

To the Reader.

READER,

THou mayst (perhaps) wonder that this poore piece of plain truth, without lye or flattery in it, and being also unfurnished of the Licensers Pasport, should without an Armies protection adventure into the publique, in the month of an opposite piece of Ordnance charged with dire menacos against such bold Intruders; But thou oughtest rather to wonder that in England, and at such a time at this, a Discourse of this nature should need to be written, or that being written, it should seems questionable; For is it not amonstrum horrendum, &c. that a Parliament of England assisted with an Army of the same, having consulted and fought these 7. yeares in the behalfe of this Nation, and for her Rights and Liberties, and having the whole Kingdome in their hands like a piece of Potters Clay, to be new moulded to their own pleasure, should not yet take it into their heads, nor after it hath been* thrust into their heads, suffer it to enter their hearts to deliver the Nation from the slavery of an unjust, disgracefull, pretended, Conquest by forraign Enemies? But thou wilt say (perhaps) that we are since united, and become one Body, and that the Successours of the Conquerours are now our naturall Heads, and part of our Nation; but I answer, that there can be nothing more absured then to say so, For as there can be no Conquest of a Nation, but by forraigne Enemies, Rome being never said to be conquered till the Goths came, though it had been often before forceably mastered, for that those Masterers (namely Cæsar & many of his Successours) were members of her selfe; So the Heyres of a Conquerour, while they retaine his right and title, though it be after a myriade of descents from him, do still retain the quality of profest forraign Enemies, only with this destinction, that the Conquerour is the Victour, and his Successours the Triumphers; Now that triumphing doth also of it selfe necessarily imply a forraign Enmity, appeares also (to omit reason) from the practise of the said Romanes (who were no Novelists in these matters) for that no triumph could be acted among them, but only over forraign Enemies, Civill-warre Victories afforded no Laurels, whence (by the way) we may also observe the absurdity of some who of late would needs march laureated through this City: But if any be &illegible; inclined against me for this worke, my defence is this.

1. That the Parliament have declared (as the chiefe warrant for all their actions) that Res Populi is the Supreame Law; Now I must new mould my Notions, if what I have here, and in my Anti-Normanisme propounded, be not more for the service, not only of the People and Parliament, but also of the King, then any thing that hath been yet propounded, said or done, in this Kingdome, since the pretended Conquest unto this day; for that without this effected (namely the abolishing of the Right and Title of the Conquest) our Kings are (in naked truth, as Dr. Hudson in this Late Treatise of Government, p. 123. grants, and I have before manifested) no better then usurping Forraigners, our people absolute slaves, and our Parliaments undutifull servitors to both; yet, without this, not only the proceedings of this Parliament are irregular (which is the summe of what my ensuing Discourse charges upon them) but also all our Lawes and Liberties, even Magna Charta it selfe, are without any firm foundation, and may in point of strict Law (though not of Conscience) be blown down with the Kings arbytrary breath; and thus much is evincible, not only by reaso, but also from the tenour of Magna Charta it selfe, which runs thus; Spontaneâ & bonâ voluntate nostrà dedimus & concessimus, &c. which shewes it to be only a free and spontaneous Grant, and such free Grants are revokable at pleasure, the sole ground and consideration of it being exprest to be respect of duty toward God, and not of duty (though benefit) to the Nation. It is also manifest from a confession of Parliament, cited by Mr. Pryn, in his Soveraign power, p. 59. (though he (good man) cited it to prove the contrary) extant in a memorable Record (as he cals it) in the Parliament Rolls of the 1. of H. 4. Numb. 108. where it is recited, that King Richard should say, that the Kings of this Realme might turne (or change) the Lawes at their pleasure, which assertion the Parliament did not deny to be true, but instead thereof, accepted of the Kings gracious promise not to take advantage of such his Prerogative, but to keep the Lawes, &c. So that by this time, I suppose it appeares, that I have the warrant of the Supreame Law of Res Publica for my Enterprise; But if thou findest fault that it is too bold and plain, I answer, that I know nothing in it more bold or plaine, then true, nor yet then necessary, seeing the softer and suasory language of my Anti-Normanisme obtained no regard.

2. It is commanded in the Mosaicall Law, that Sir Bestiam errantem videris, reduxeris in viam, and if we owe such dutifull endeavours to Beasts, then, much more to the Pilots of our State.

Lastly, admit an incredibility, that is, that our Statesmen should professe themselves Normanes, and so persecute the Assertors of the English Liberty as Enemies; yet should I not repent my adventuring in this Cause, for that Dulce et decorum est pro Patria mori. But it is high time to end, least I meet with a Diogenes and heare of Myndas. Therefore farewell,

JO: HARE.

QUÆRIES.

Propounded to and concerning the Neglectours of Englands grand Grievance, &c.

Quærie 1.

VVHether among the Civill Rights of this Nation, which (in name) have been so highly and hotly contended for, her Honour be of so inferiour a value, as not to be worthy the least consideration? If it be of no value, why was the violation of it made one of the heynous Articles against the E. of Strafford, viz. for occasioning the dishonourable losse of Newcastle to the Scots?
Qu. 2. Whether it be not an absurdity to ascribe other Honour to our Nation then to a Slave, while she remaines a Captive, & weares the Title and* Badges of Captivity? For what is a Slave but a Captive serving his Conquerour or his Heyres? And moreover, according to your own verdict, if the suffering of one Towns to be conquered, was a betraying of the Nations honour; then what is the suffering of the whole Nation to ly under a Conquest?
Qu. 3. Whether it be not an absurdity to pretend to restore or advance this Nation to her just Freed me, and yet to leave her under the title and injuries of a (pretended) Conquest? The just Freedome of this Nation consists in being under a Prince (or his Heyres) of her own Election, Bloud, or (at least) Admission, and under her owne Lawes, of which Lawes (also) the Supreame next unto Gods glory (according to your own doctrine) ought to be Salus Populi; But ye make her to professe her self to be under the dominion of her usurping Enemies, (for what’s a Conqueror, or any succeeding in his Right, but a prevailing and tryumphing Enemy) of which sort of Dominions (namely those grounded upon Conquests) (also) the Supreame and Fundamentall Law, and which is unseparable from that Title, is unquestionably (as I shall &illegible; prove) the Will, Honour, and benefit of the Conquerour and his Heyres; And yet ye call your selves &illegible; of your Nations Liberties.
Qu. 4. Whether they are not, and are not to be reputed, of private spirits and interests (whatever they boast) whether they be Councels, Cities, or Armies, that are so tender of their owne honours and interests, and yet so negligent (or else ignorant) of their Nations? Your owne interests and claimes you assort with Swords; But your Nations just Freedome and Honour, that might distinguish her from a Slave, not with a word.
Qu. 5. Whether they are not contemptibly ridiculous, that call themselves men of honour, or so much as Free-men (how highly soever born, in what dignity soever placed, or whatsoever they have atchieved against their owne Country-men) who yet with the same mouth confesse and professe themselves Members of a Captive Nation? The Right Honourables of an Enslaved Nation, are but right honourable slaves.
Qu. 6. VVhether they are not &illegible; confessedly seditious, who professing their Nation, and consequently themselves, to be Captives by right of Conquest, and moreover being (like the Jewes eare-bored slaves) nor minded to leave that qualitie and profession, doe yet contend with their Prince for free Subjects Priviledges or rather (Mamaluck-like) to be sharers in the Supreame Authoritie? It is no other then as if one should say, Sir, I am and will be your slave in right and title, but your Master in Act.

Objection 1.

Yea, but our first Normane Prince was admitted upon Tearms, as being Legatee and Kinsman of St. Edward, and upon condition to preserve our Lawes and Liberties.

Answ.

Ye contradict it your selves, while ye say (how truly I have* else where showne) that hee came in by Conquest. If perchance you deny that you say it, and so thick to invalidate all my incusations with that Paradox, What meanes his title of Conqueror, which ye still allow him? the Doctrine of his Conquest of this Nation, which without your contradiction remaines a received Maxime in this Kingdome? The Effects and Badges of such a Conquest, which you retain as Ornaments? Your suffering Magna Charta to be in the mouth of the Law, the foundation of our Liberties? And (lastly) your a Conquestu, currant not onely in past Acts of Parliament, which (untill you gaine-say them) enjoy your suffrage, but also in Fines past by the Authority of your own Great Seale of England at this day?

Object. 2.

But we have sithence had a Charter of Liberties granted us.

But there is no clause that Charter for libertie to contend for more, the granting you an Inch intitles you not to the taking of an Ell; And as for the Clause therin (which Mr. Pryn in his Soveraigne Power, p. 74. sticks not to alledge as an undeniable Warrant for all your proceedings) That the Prince will not deny or deferre justice or right to any man, by Iustice or Right is plainely meant Execution of Law, and not a fulfilling of your unlimited Desires, as is manifest by the rest of that Chapter, and confirmed by the Lord Cookes Exposition of that place.

Object. 3.

But the King is bound by his Coronation Oath to grant all such just and reasonable Lawes as the People (that is the Commons in Parliament) shall choose.

Answ.

This I confesse (if it were so, and according to your own interpretation; that is, to grant all such Lawes as you shall say are just and reasonable) might seeme a bottomlesse priviledge, able to furnish you with Licentiousnesse enough (I will not say Libertie, for were you invested with as many donations & priviledges as Haman, or any Favourite in the Turkish Court, yet while you professe to serve in reference to a Conquest, you are but* Slaves) Yet for Answer, I say, It is well known that our present King never took any such Oath.

Reply. But hee ought to have taken it.

Answ. Whether he ought or not, since he did it not, he is not bound by it in Law; and as to his obligement to take &illegible; if any such obligation was, it must be either by Statute or Custome, by Statute you will not say it was, and as for Custome, to make it obligatorie, it must (according to your owne* Oracle) have both Reason, and usage time out of mind; But this oath by your own* confession, was vsed neither by Henry the 8. Edward the 6. King James, nor King Charles, So that instead of usage, here is a disusage; and as for Reason, there is lesse; for what reason is there that some Princes and their Heyres doing some Acts of grace and favour (as I shall anon prove that you grant this to be) to their people, that therefore all there Posterity should be obliged to the same as duties: so that you see this Oath cannot in any wise bind your Prince, for that he neither took it, nor was bound to take it; But although he had taken it, yet I shall sufficiently prove, (notwithstanding all Mr. Prins impertinent volumes to the contrary) that (while you allow to his Bloud the right of a conquest over your nation) the Oath would not serve your turn so as to give you authority to force to the performance of your desires; for first, you say it was an Oath, Now an Oath or votum hath not you but God for the obiect, so that if it be violated, he alone is the vindex, & that it is so, is testified by this, that the Oath is tendered not by you or your substitutes but by the Arch-Bishop, who is Gods Representer testified By his Crowning and annoynting the Prince which confers on him, or signifies the conferring of the Divine authority; now that it makes him not liable to you, appeares also by our owne Laws, for what Lawyer ever heard of an Action brought upon an Oath? In all the Register no such writ occurres; But if you will make it a Covenant or Promise, that it may be obligatory, it must be grounded upon a valuable consideration, now that here is no valuable consideration appeares from your own confession, for you confesse him to be your King by right of conquest and succession, and accordingly doe reckon his reigne from the death of his Predecessor, not his own coronation as being but a ceremony and that also administred neither by you nor your Substitutes, So that it is plain that you should have no sufficient right to exact the performance of it if he had taken it; But grant both that he had taken it, and also that he were thereby bound unto you, yet could you not from thence justly claime your demaunds, for that which the Oath binds to is the granting of just and reasonable things, but the things that you demaund are proper and fit onely for ingenuous subiects, or rather for Consortibus Imperij, whereas (you know) Non decet Liberorum panem Canibus objicere; you have no reason to disdain the comparison, since that Dogs themselves are so disdainable beyond other creatures onely for this that they are beyond the rest, such Servi Voluntaril.

Object. 4.

But the King is bound to these things by the Law of nature and inferences from Salus populd which is the supreame law:

Yee have nothing to doe with the priviledges of the Law of nature or Salus populi, while you ad here to a subjectednesse by right of conquest, for in so doeing, you renounce them: neither will any man say, you deserve them, while having Liberty (that is Obedience in reference to a succession from the legitimate Princes of your own blood) and Servisnde (that his subiection in reference to a (pretended) Conquest) both which Titles are concurrent in His Majestie, who (no doubt) is willing to indulge as well to the honour as to the benefit of his Subjects, while (I say) having these two set before you, you reject the first, and preferre the servitude: In this Case therefore you are to look onely to the nature of the Law of Conquests, which as you may reade in Cæsar, lib. 1. de Bello Gallico, is this, vt hi qui Vicissent his quos Vicissent quem admodum Vellent Imperarent, that the Conquered are under the arbitrary Government and power of the Conquerour; And consequently, while ye are pleased to remaine in that qualitie, you are to make much of your Princes Grants of favour, whether past, or future, and not to challenge more, for no more belongs to you: In summe it is plaine, that while you retain your deare profession of Captivitie (notwithstanding all allegations whatsoever, that have been, or can be raised to the contrarie) in contending for ungranted Priviledges, you doe but act Sedition, and repeat the old Bellum Servile:

Demonstrations from Scripture (for those that will not understand Reason) That to be under Conquest is to be in Slavery, and that such Servitude is a Curse, and consequently that it is absurd to pretend to make this Nation blessed (or happy) and yet to leave her in that qualitie.

Of whom a man is overcome,2 Pet. 2. 19. of the same he is brought in Bondage. Now that such Bondage is a curse may sufficiently appeare by Inferences from the following Texts.

Cursed be Cham, he shall be a Servant of Servants.Gen. 9. 5. Rom. 9, 12, 13.

Th’elder shall Serve, &c. as it is written, Esau have I hated; where such Servitude is made a Demonstration of the divine hatred.

The Stranger that is within thee shall get up above thee very high and thou shalt come down very low,Dent. 28. 12. in that grand Charter of Curses. he shall lend to thee, and thou shalt not land to him, (viz. Lawes, Language, Customes, &c.) he shall be the head, and thou shalt be the taile, which is our very Case.

In summe, while ye foster the Right, Title, and Evidences of this (pretended) Conquest, Ye make a cursed Slave of your Country, an usurping Forrainer of your King, and your Selves strange Servivors to both. And therefore one may justly say to our Reformers, in the behalfe of England, as Cato once did to Pompey in the Cause of Rome, Miseram quià decipis urbem Si servire potes? Never pretend to lead us out of our Grievances into &illegible; If you account the injuries and disgrace of a (pretended) Conquest, for no Burthen, and can be content to suffer your selves, and your Nation to weare forever the accursed Title and Badges of Captivitie.

If ye aske what then is to be done? ye may please to see what is set down in Anti-Norm. p. 19. which may be easily effected without injury to or iust opposition of &illegible; which is also required not only by this Nations Right, but also by the Right of his Maj. just Title (derived from the English Bloud. Royall, one way, and from St. Edwards Legacie joyned with this Nations admission of the Normane Bloud, another way) against the unjust usurpation of his other Title attributed to his Bloud (at first by Traytors and Enemies to this Nation) from a (pretended Conquest, which even Dr. Hudson in his late Book of Government, p. 123, 124. (though one of the greatest Royalists in the Kingdome) declares to be no betterthen Sacrilegious Their and Robberie, and that the same ought both in Honour and Conscience, to be oppugned by all dutifull Patriots with their utmost abilities.

FINIS,

Endnotes

 [* ] viz. By the Edition of Anti-Normanisme.

 [* ] If you know not what those are, see Anti-Normanisme, p. 2, 13, 14.

 [* ] Anti-Norm. p. 15.

 [* ] For the mitigation of Slavery doth not take away the Essence of it. Now you cannot deny, that you serve in reference to a Conquest, seeing you are so farre from ever having declared him whom you call your Conquerour, an Vsurper, that you place him, for the Root and Alpha of your rightfulll Kings in the Regall Catalogue.

 [* ] The Lord Cook and others.

 [* ] in your Remonstr of the 2. of Novem. 1642.

 

9.16. Edward Sexby, Copy of a Letter to all the Souldiers in the Armie (11 November, 1647)

Bibliographical Information

Full title

Edward Sexby, A Copy of a Letter sent by the Agents of severall Regiments of his Excellencies Army, that are resolved to the last drop of their bloud to stand for the Liberties of the People, to all the Souldiers in the said Armie.
Novemb. 11. 1647.


Estimated date of publication

11 November, 1647.

Thomason Tracts Catalog information

TT1, p. 569; Thomason E. 41. (18.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

A Copy of a LETTER Sent by the Agents of severall Regiments of his Excellencies Army, (that are resolved to the last drop of their bloud, to stand for the Liberties and Freedome of the people of England,) to all the Souldiers in the said Armie.

Gentlemen and fellow Souldiers;

WEE esteeme it our dutie to render you an account of our present state of affaires with us, and at the head Quarters: wee have been consulting about the most speedy and effectuall settlement of your and all the peoples freedoms, whereby the people may be disposed into a capacitie and willingnesse to provide constant pay, and secure our arreares: we finde by sad experience that there was no possibilitie of obtaining either, so long as the settlement of the peoples freedoms was delaid; and therefore as well in love and reall respects to you, as to our deare Countrey, wee were constrained to propound the foundations of freedoms, to be forthwith established by a mutuall agreement between the people and you; and though we dare averre, that there is nothing contained in that Agreement, nor in the case of the Armie stated, which is propounded to be insisted on, but what is at least the equitable sense, of our sense, of our former Declarations and Remonstrances; yet we finde many at the head Quarters obstructing and opposing our proceedings: wee sent some to them to debate in love the matters and manners of the Argument. And the first Article thereof being long debated, it was concluded by Vote in the Affirmative; viz. That all Souldiers and others, if they be not servants or beggers, ought to have voyces in electing those which shall represent them in Parliament, although they have not fortie shillings in the yeare, by free-hold Land.

And there were but three voyces against this your native freedome. After this they would referre all to a Committee, and the next Generall Councell our friends obtained a generall Randezvouz, and a Letter from the Councell to cleare the Armie from any desire or intent of constraining the Parliament to send new Propositions to the King, whereby your indemnitie for fighting against the King, should be begged of the King, and so the gilt of innocent bloud laid upon your owne beads, and your enemies shall boast and insult over you, saying, You were forced to aske them to save you harmlesse.

At the next meeting a Declaration was offered to the Councell, wherein the Kings corrupt interest was so intermixed, that in a short time, if he should so come in, he would be in a capacitie to destroy you, and the people; and assure your selves, if any power be in the least given to him; he will improve it to the utmost to inslave and ruine you that conquered him, and to advance your enemies to trample upon you. Upon this wee desired onely a free debate of this Question; Whether it were safe, either for the Armie, or the people, to suffer any power to be given to the King: and Lievtenant Generall Crumwell, and the rest, professed as before God, they would freely debate it; and munday last, a generall Councell was appointed for that purpose; but when they met they wholly refused, and in stead of that spake very reproachfully of us and our Actions, and declared against that which was past the Councell before, Concerning the voyces of those in Election, which have not fortie shillings by the yeare free-hold, and against the Letter sent by the Councell to the Parliament, and the day before Commissary Generall Ireton withdrew and protested he would act no more with them, unlesse they recalled the Letter, and to prevent any further debate, they would have dissolved the Councell for above a fortnight; and thus our hopes of agreeing together to settle your and the peoples freedoms were then frustrated, and though the chiefe of them had desired some of our friends, not above three dayes before to goe on in their actings, for they might come in when they should doe us more service then at that time, yet then they made great outcries against us, and complaints of distempers in the Armie, which were nothing but endeavours after their rights and freedoms.

The next day they still waved and refused the free debate of the aforesaid Question, and dissolved this Councel for above a fortnight; and for a time resolved they would only prepare some faire Propositions to the Army, and about Arrears and pay, and sent to the Parliament for a moneths pay against a Randezvouz; But they declared they would divide the Army into three parts, to Randezvouz severally; and all this appeares to be only to draw off the Army from joyning together, to settle those cleere foundations of Freedome propounded to you, & to procure your rights as you are Souldiers effectually, without any more delusions. Thus you may observe the strange unconstancy of those who would obstruct your wayes, and the great matter wherein the difference &illegible; and the candidness of our actings, but we hope it will be no discouragement unto you, though your Officers, yea, the greatest Officers, should apostatise from you; Its well known that the great Officers which now oppose, did as much oppose secretly when wee refused to disband according to the Parliaments Order; and at last they confessed the Providence of God was the more wonderfull; because those resolutions to stand for Fredom and justice began among the Souldiers only. And yet now they would affright you from such actings, by telling you, its disobedience to the Generalls commands, and distempers, and mutiules: these were the words of those men in Parliament, and which opposed you before; and you may consider that you had done as much service for the people, by disobedience to the Parliament, as ever you did by obedience; if you had fulfilled your Declarations and Engagements, which you then passed, as for the moneths pay if it came, you may consider its but your due, and yet wee believe none had bin procured for you, unlesse wee had thus appeared. And if any Declarations or Propositions about Pay, or Arrears, be offered to you, remember you have been sed with papers too long, we desire that there may be a generall Randezvouz, and no parting each from other till we be fully assured we shall not returne to burthen the Countrie by free-quarter, untill our Arrears be actually secured, and the foundations of our native Freedom, Peace, and security in the Agreement established; and likewise till a sure way be set &illegible; for calling all Committees, Sequestrators, and Parliament men to account for the Countries money, that so the Countrie might know wee intend their good and freedom: wee know some faire overtures will be made to you about Pay, Arreares, seeming Freedom, and security: But wee hope as you formerly, rejected such overtures from the Parliament, knowing that without a settlement of Freedom, no constant pay, or Arrears will be provided, so now wee are confident you will not be deceived, and hope you are all resolved of a generall Randezvouz; that wee may all agree together in &illegible; our Declarations, and Engagements to the people; that so, wee may not become the objects of scorne and hatred; Wee shall now onely add we are

Yours and the peoples for common
Rights, and Freedoms;

Edward Saxbee } Generalls
Edmund Beare } Regiment.
VVilliam Michell } Life Guard.
George Hassall } Commissarie Generalls
VVilliam Perkins } Regiment.
Robert Everard } Leut. Generalls
Iohn VValter } Regiment
William Pryor } Coll. Fleetwoods R.
Humphery Daveis } Coll. Oklies R.
George Clark } Col. Wallers R.
Joseph Aleyn } Coll. Harrison R.
Richard Seale }
VVilliam Russell } Coll. Whalyes R.
Richard Hilyer }
Christopher Belsen }
Thomas George } Coll. Lilburnes R.
Andrew Devell }
Michall Everard }

Postscript.

Gentlemen;

THe urgent necessity of one Generall Randezvouz, wherein wee may so insist upon our Rights as Souldiers, and the settlement of our Freedoms as English-men, still appeares more evident to us. This day the Parliament considered the Proposition from the Army, that Deans and Chapters Lands should be part of our security for Arreares, and they refused to grant it: wee see no good will be done but by a Generall Randezvouz, and remember the Parliament would have brought us to several Randezvouz, when they would have divided and disbanded us, therefore we wish that we may so remember our ingagement, as we may all resolve to meet, and not to part untill the rights and freedoms of us all, and of all our Countrey-men be setled and secured.

FINIS.

 

9.17. Edward Sexby, A Letter from Several Agitators of the Army to their Respective Regiments (11 November, 1647)

Bibliographical Information

Full title

Edward Sexby, A Letter from Several Agitators of the Army to their Respective Regiments: viz. the Generals, Lieut. Generals, Commissary Generals, Col. Harrisons, Col. Hortons, Col. Fleetwoods, Col. Lilburns, Col. Whaleys. Wherein is discovered the ground of the present differences between them and the General Councel, concerning the King; and the establishment of Common Right and Freedom, for all People in this Kingdom. With a true Account of the Proceedings of the General Councel thereupon.
London, Printed for John Harris, 1647.


Estimated date of publication

11 November, 1647.

Thomason Tracts Catalog information

TT1, p. 569; Thomason E. 414 (8.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

A Letter sent from the Agitators of several Regiments of the Army to their respective Regiments &c.

Gentlemen and Fellow Soldiers,

VVE esteem if our duty to render you an Account of the present state of our affairs with us, and at the head quarter. We have been consulting about the most speedy and effectual settlement of your and all the peoples Freedoms, whereby the people may be disposed into a capacity and willingness to provide constant pay, and secure our Arrears: we found by lad experience, that there was so possibility of obtaining either, so long as the settlement of the peoples freedoms was delayd, and therefore as well in love and reall respects, to you, and to our dear Country; we were constrained to propound he foundations of freedome to be forthwith establishe by a mutual agreement between the people and you: and though we dare aver that there is nothing contained in that Agreement, or in the Case of the Army stared, which is propounded to be insisted on, but what is (at least) the equitable sense of our former Declarations and Remonstrances; yet we find many at the Head quarters, obstructing and opposing our proceedings.

We sent some to them to debate in Love, the matters and manner of the Agreement: And the first Article thereof, being long debated, it was concluded by Vote in the affirmative: viz. That all Soldiers and others, if they be not Servants or Beggars, ought to have voyces in electing those which shal represent &illegible; in Parliament, although they have not forty shillings per annum in freehold Land; and there were but three voyces against this your Native Freedom: after this they would refer all to a Committee: And the next General Councel our friends obtained a general Rendezvouz, and a Letter from the Councel to clear the Army from any desire or intent of constraining the Parliament to &illegible; new Propositions to the King, whereby your &illegible; for fighting against the King should be begged of the King, and so the guilt of innocent blood taken upon your own heads; and your Enemies should boast and insult over you, saying, you were forced to ask them to save you harmless: At the next meeting a Declaration was offered to the Councel, wherein the Kings Corrupt Interest was so intermixt, that in short time, if he should so come in, he would be in a capacity to destroy you and the people; and assure your selves, if any power &illegible; but in the least given to him, he will improve it to the utmost to enslave or ruin you, that conquered him, and to advance your enemies to trample upon you: Upon this we desired only a free debate of his question, whether it were safe either for the Army or People to suffer any power to be given to the King: And Lieu. Gen Cromwel and the rest professed as before God they would freely debate it; And Monday last a General Councel was appointed for that purpose, but when they met they wholy refused, and instead of that, spake very reproachfully of us and our actings, and declaimed against that which was passed the Councel before concerning the voyces of those in elections which have not forty shillings a year free-hold; And against the Letter sent by the Councel to the Parliament: and the day before Commissary General Ireton withdrew and protested he would act no more with them unless they recall’d that Letter.

And to prevent any further debate they would have dissolved the Councel for above a fortnight, and thus our hopes of agreeing together to settle your and the Peoples Freedoms were then frustrate: and though the chief of them had desired some of our friends not above three days before to go on in their actings; for they might come in when they should do us more service then at that time; yet there they made great out-cries against us and complaints of distempers in the Army, which were nothing but endeavors after their Rights and Freedoms.

The next day they stil waved and refused the free debate of the aforesaid question, and disolved the Councel for above a fortnight, and for a time resolved; they would only prepare some fair propositions to the Army, about Arrears and pay, and sent to the Parliament for a moneths pay against a Rendezvouze; but they declared they would divide the Army into 3, parts, to Rendezvouze &illegible; and all this appears to be only to draw off the Army from joyning together, to settle those clear foundations of freedom propounded to you, and to procure your Rights, as you are Souldiers effectually.

Thus you may observe the strange unconstancy of those that would obstruct our way, and the great matter wherein the difference &illegible; and &illegible; candidnes of our Actings: but we hope it wil be no discouragement to you, though your Officers, yea the greatest Officers should oppose you it’s wel known, that the great Officers which now opposed, did as much oppose secretly, when we refused to disband, according to the Parliaments Order; and at last they confessed the providence of God was the more wonderful, because &illegible; Resolutions, to stand, for freedom and justice; began amongst the Souldiers only; and yet now they would &illegible; you from such actings, by telling you it’s disobedience to the Generals Command, and distempers, and &illegible; These were the words of that faction in Parliament which opposed you before and you may consider that you had done as much service for the people, by disobedience to the Parliament, as ever you did by obedience. If you had fulfilled your Declarations and Engagements which you then passed.

As for the moneths pay, if it come, you may consider, it’s but your due; and yet we beleeve none had been procured for you, unless we had &illegible; appeared, and if any Declarations or Propositions about pay or Arrears be offered to you, remember you have been fed with Paper too long; we desire, that there may be a general Rendezvouze, and no parting each from other, til &illegible; be fully assured, we shal not return to burthen the Country by free quarter, and til our Arrears be actually secured, and the Foundations of our Freedom, peace and security in the Agreement established: And likewise, until a sure way be setled, for calling Commitees, Sequestrators, and Parliament men, to account for the Countries money; that so the Country may know, we intend their Good and Freedom, we know some fair Overtures wil be made to you about pay, Arrears, seeming Freedom and security; but we hope as you formerly rejected such Overtures from the parliament, knowing that without a settlement of Freedom, no constant pay or Arrears wil be provided: so now we are confident you wil not be deceived; &illegible; hope you are all resolved for a General Rendezvouze, that we may all agree together in fulfilling our Declarations and Engagements to the people, that so we may not become the objects of scorn and hatred. We shal now add.

We are yours, &c.

Edward Sexby The Generals Regiment.
Robert Everet }
John Walter } Of Lieut. Generals Regiment.
Edmont Bear }
Joseph Aleyn Col. &illegible;
George Hastall } Commissary General Iretons.
William Perkins }
&illegible; &illegible; Col. Hortons.
William Russel } Colonel &illegible;
Richard &illegible; }
Richard Hilyer } Col. Lilburns Regiment.
Tho. George }
Iohn &illegible; } Col. &illegible; Regiment.
Will. Pryer }
Will. Mitchel Live-Guard.

 

9.18. Marchamont Nedham, The Levellers Levelled (3 December, 1647)

Bibliographical Information

Full title

Marchamont Nedham, The Levellers levell’d. Or the Independents Conspiracy to root out Monarchie . An interlude. Written by Mercurius Pragmaticus.
Printed in the Yeere 1647.


Estimated date of publication

3 December, 1647.

Thomason Tracts Catalog information

TT1, p. 576; Thomason E. 419. (4.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

THE PROLOGUE, Spoken by Mercurius Pragmaticus.

I That have lasht base Traytors to the bone,

Have whipt ambition, pride, and spared none;

Plaid the Man-Midwifes part, and with my pen

Have dig’d the eyes out of rebellious men:

And with my keeh-edg’d Muse (gone thorow stitch)

Squeez’d out the bowells o’th Genevah Witch;

Have prov’d the monstrous children of the State

Ignobly born, and illegitimate,

Now flie, and higher pitch; and on the Scage

Present to view the Monsters of the Age,

These sonnes of Belial, you must onely read;

And yet this Play was acted once indeed:

Whether I fall or rise, thus I conclude,

I shall be fam’d above the multitude.

PERSONS.

Apostasie, } The five Adjutators, or Levellers.
Conspiracie, }
Treacherie, }
Democracie, }
Impietie, }
Englands Genius.
Regicide, } Two Independent Ministers.
Patricide, }
Orlotto, or Lillie the Almanack-maker.
Chorus. A Souldier. A Woman. A Servant.

To my Soveraigne Lord Charles (who maugre the fury of the Levellers, is yet) by the grace of God, of England, Scotland, France, and Ireland King, and (futra for their slanderous imputations) Defender of the true, ancient, catholike, and Apostolike Faith, &c.

DRead Lord, even the apple of Gods eye,

Jesses great sonne did tast adversity,

Though that his Subjects rose not, yet his Sonne

Stir’d up his people to rebellion:

And this most damn’d insurrection ’gainst thee

Is but a second Absalonisme:

But here’s the difference, their base desire

Was to inthrone the Sonne, divest the Sire.

But these hell-hounds, their utmost doe assay,

To make both Father, and the Sonne away,

Hiding the face of their most black designe

Under a vizard Lustrious, and Divine;

So like the fiend, when he appeares to fight

Refulgent, like an Angell of the light,

Do they disguise themselves, unto the rude,

And many headed Beast, the Multitude,

Who now have found their errour, and repent

That ere they trusted to a Parliament.

But now their hands are ti’d, their strength is gone,

And they are vassalized every one:

The knot of the State Mountebankes they curse,

And of their basenesse make their whole dscourse.

The names do stinke of Hollis, Tyns, and Strowd,

And now Give us our King, they call aloud:

But there’s a Remora, the pack of traytors,

A bed of snakes congeal’d, the Adjutators

Reply, you must not yet enjoy that good

The earth a second time must drinke their bloud:

We will be Kings, which we shall never be

Left Charles be sent unto liternitie:

Therefore upon the eleventh of November

He breathes his last, an Independent member

Shall cut his thread of life in twaine, (tis well)

This good we owe to Peters and to Dell.

But thou, our dearest Lord hast scap’d the net,

The which those bloudy huntsmen for thee set:

And forc’d for safety to withdraw a while,

Into a nooke of thy divided Isle:

Live there, and see thine enemies to fall

By their owne Engine; and mean time we all

Will pray to thy preserver, to possesse

Thy Royall soule with peace, and happinesse.

So prayes, your Majestics most
humble and dutifull Subject,

Mercurius Pragmaticus.

The Levellers leveld: Or, The Jndpendents Conspiracie to root out Monarchie.

Act 1. Scene 1.

Confused Musick: Enter Englands Genius.

WOe is me, where shall I seek for safety? the murmuring Drums, and brazen Trumpets deafe my eares, nothing is heard but shreikes of murdered men, Bellona rides in triumph ore dead men, her horses wash their feet in humane bloud, rebellious hands are every where imployed to root out Lovalty: harke, me thinkes I see them grapple hand to hand, and are now in the field,

Where Lightning raiseth it selfe to the Skies,

The earth shines round with Armour, sounds doe rise

By men forc’d under feet: wounded with noise

The hills to heaven reverberate their voice.

Into what nook or angle shall I fly to gain a little respite? Curst be the traytors that cry out, no Peace, let Sampsons tailed messengers beare hence these fatall Fire-brands to some other soile, or let them make their way to their owne houses, there consume, devast their houses, and their granaries; let all their sonnes run mad, and trace the streets like frantick Bacchanalls, and while they there seek for refuge, be cut of by the all devouring sword. Let them be slaves and labour at the mill, and let their wives and daughters beg, let them be ravisht first, them slain; Let basenesse be intaild upon their name, too firme for all recovery: these are the Devills that do grin at Heaven, and jeer all Lawes, both Morall and Divine. The red, and white Rose strove for Soveraignty, but these contest to set up Anarchy, confusion, and the worst of ills that Envy can imagine; thunder, great Jove, upon these traytors heads, that like curst Luciser, and his rebell troops, dare bid defiance to thy face,

While I into some hollow cave do run,

And curse the hell-hounds that this wair begun.

Drum within beating a March.         (Exit Genius.

Enter Apostasie, Treachery, Conspiracie, Democracie & Jmpiety.

Apo.

Stand. Trech. Give the word there.         Consp. Stand.

Apo.

Thus far we are victorious my Cohorts, crown we our heads now with triumphant Bayes, for England now is ours: Couragious Rupert, Hopton, Glemham and the rest, we have brought to the ground; we have not left a loyall Dog alive; all’s ours, all’s ours: those fooles that say I am apostated from my first principles, know not what honour meanes, or what ’tis to be great:

He sell my King, my Countrey and my soule,

To be one of those rule without controule.

Trech.

And would the Sophies of the State not tremble? were but our brests transparent, they might view their pictures stab’d with ponyards, and each killing a Member in his heart: Can they imagine those that have renell’d against their Soveraigne for ambitious ends will yeeld them homage: no, they were the stone that pasht K. Charles to peeces, and with the same wee’l grinde them unto powder. Me thinks I see them tottering on their seats, now that our hands are shrunk from their supportance: sink till you see hells bottome, while we rise high in honours compassed with pleasures. Who’d care to see the world burn round about him?

Con.

Which to effect, ’twere best we strengthned our designe by entring into solemne covenant: heres Catalines Effigie;Pulls forth a Picture. if you intend to prosecute your wishes through blood and vengeance, & to reach your glories maugre the furie of the world, sweare by this sacred Relique.They lay their hands upon the picture.

Omnes.

Most religiously.

Con.

By the fam’d memorie of this brave spirit, that once made Rome to tremble at his nod, who took the horrid Sacrament in blood to levell her proud battlements, sweare not to lay down armes till King Charles be sent to the invisible land, till all Lawes are repealed and abrogated, meum and tuum on pain of death not mentioned.

Omnes.

We sweare.

Consp.

So; now we may be open to each other, now Charles his Crowne shall be ours, and we will share it: to attain which ’twere best to stirre the people, those ravenous Kites will flock to any prey; we must make them our stilts on which we walk, and burn them in the end to warm us: we must propose them more immunities, tell them they hitherto have been abus’d basely by Kings, but worse by their Trustees: a Declaration shall be fram’d forthwith, inciting them at once to joyn with us for ENGLANDS FREEDOME, & the SOULDIERS RIGHTS.

Demo.

The plot is laid as I would wish, this to effect, we will depose our Generall, he is not mad enough to be our Guide, we can create a new one with a word; John, Legislative John shall be our Captain. And ’cause he famous John of Leydon imitates, we henceforth will him John of London call: but this we must not yet divulge, but let the choake peare hang till it be riper: he that doth fish for the rude multitude, must cast forch golden nets, some rare unwonted liberty, which we declare to be our native Rights, and therefore are agreed and resolv’d to maintain them with our utmost possibilities, against all oppositions whatsoever, being compelled thereto, not only by the example of our Ancestors, whose bloud was often spent in vain, for the recovery of their freedoms, suffering themselves through fraudulent accomodations to be deluded of their victories, but also by our owne wofull experience; who having long expected, and deeply earned the establishment of those certain rules of government which wee propound, and yet are made to depend for their settlement and freedom, upon him that intended our bondage, and brought a cruell warr upon us.

Jmp.

You meane the King, whom we will now call to account, we cannot be secure while he doth live.

Apost.

Of that we will debate when we next meet in Counsell, in the mean time, give it out, that we intend to give the people freedom, to Levell the inclosures of Nobilty, Gentry and property, and make all even: now let the Genius that did wait upon grim Spartaeus, desperate Cethegus, and fell Cutaline, prompt us to action, and till we have set up our Oligarchie, no peace to England.

Omnes.

No peace.

Apost.

Let Regicide and Patricide be sent for: from their two heads we will distill a juice stronger then Stibium, banefuller then Hemlock.

Trech.

’Tis then concluded that K. Charles must die,

His bloud dissolves the English Monarchie.

Con.

Let’s in to counsell; for I long to see

The first Scene acted of this Tragedie.

Exeunt Conspirators.

Enter Pragmaticus

Prag.

Infernall Firebrands, whom the very teares

Of groaning England, while the mourning weares,

Cannot allay: Nor yet the bleeding veins

Of desparate Ireland, which even now remaines

A very Golgotha, cannot asswage,

Whose Babes, the earnest of another age,

Taste of your salvage courses, and doe ly

The Lambe-like Martirs of their cruelty.

Let Catesby, Piercy, and that bloudy knot

Be Sainted now, or else at least forgot,

And let these vipers vindicate their crimes,

In every Almanack for after-times.

O damn’d Projectors, whether will ye run,

Having usurp’d the Chariot of the Sun,

You drive amaine till all about is hurld,

And your base folly fires our English world.

O England, dost thou yet want eyes to see

How many Rogues are digging graves for thee?

Doth not thy very heart consume with paine,

When thou considerest thy Soveraigne

Even with chaines unto the earth is held,

His sufferings being unparalleld?

Seest thou not his Religious constancy,

His patience, care, and zealous piety,

And canst thou still give credit to these Elves,

Who suck thy bloud for to make fat themselves?

These Hippocrites clothed with holy zeale

Are thy obnoxious Fates, destroy thy weale,

They are meere outsides, have an holy tone,

Yet, are but Devills masked every one:

Their insides full of murther, lust and pride,

Sacriledge, treason, and all ills beside.

For shame then sit not still untill you be

Struck dead, and throwne to hells profunditie.         Exit

The end of the first Act.

Act I.

Enter Regicide and Patricide.

Regicide.

ANd are they still so foolish to implore his poore assistance, who’s their prisoner, their vassall, made so by the chance of warre, a cake of ice, whom with their breath they may dissolve to nothing.

Patri.

Yes, Commissioners (forsooth) are now imployed to move him yet to signe the PROPOSITIONS: Now by the happy Issue that I wish to all our Plots, I grieve to see their vainnesse and supercillious folly; is’t not in them for to degrade him? doth the bare empty name of King affright them? O &illegible; mad, starke mad with rages —— it must be so, we will remove this block that so choakes up our passage.

Regi.

Sic est in satis, how Lord-like shall wee reigne when hee’s remov’d; I that have far’d so well causing him troubles shall fare much better, having caus’d his death; then I and thee will become the Archslamins of this Age, the Metropollitans of our new Anarchy; nor wine nor women will we want, spending whole dayes and nights in luxury, (the world knowes PETERS ever lov’d a whore) therefore twill bee no dovell newes to them: the pit pat Blacke-coats shall not dare to speake save what we shall prescribe, them that lived cortell, that once durst affront me, yea, bang me bucke and side, for that I tasted of his wife and mutron, his mutron and his wife shall amply taste of sorrow.

Patri.

As little Love will I shew unto LOVE my ancient antagonist, who thwarted mee even in the Temple before our Senators, bidding defianc to my utmost Acts: O the brave times that we may injoy, Saturns golden Age was a meer hell to what we shall injoy! O the sweet discourtes, on Capon and Cocke &illegible; the halcion dayes that wee are now in hope of make us to vaunt too lowd --- but what’s the newes abroad? how doth it fare with the mixt multitude, I meane the ARMY, how doe the Linsey Woolsey men at Westminster, that medly of decrepid age and youth agree in their desires.

Regi.

I’ll for the Kingdome, but most well for us, the Army have already purg’d out all that are not of their Faction; the Adjutators of five Regiments, Apostacy, Conspiracy, Treachory and Impiety have broke the &illegible; to our Designe, and op’t a gap for Liberty to enter; fever’d themselves from their Coleagues, drawn up a manifesto to the Kingdom, divulg’d that they intend to purchase absolute freedom, and break in sunder the heavy, oake of Kings, and as perswaded of a happy Issue, that all the Vulgar will joyne as one man, they call it an AGREEMENT OF THE PEOPLE.

Enter a Souldier.

Regi.

What speakes thy hast?

Soul.

I come from the high and mighty States of Putney, who by me doe desire the instant pressence &illegible; matters of import.

Patri.

Returne our service, and that we will waite on um. Sol, to night. Regi, This night. Sol, I shall inform them so.

(Exit Souldie.)

Patri.

Now, what thinkst thou hath brought forth this hasty Summons?

Regi.

Something in Agitation on my life that doth concerne our present Interrests; for my part I’m resolv’d.

Patri.

The like am I, to bring to passe what I intend or did.

Regi.

I like thy resolution, flag not my wings;

Plesoare alost, over the trunkes of Kings.         Exeunt.

Enter Pragmaticus.

THus doe these Wolves consult, combine,

To root out all that is Divine;

The five States-men of Turnum-Green

Now care not, though their Acts are seen;

They vow for to kill CHARLES their Lord,

And levell all men by the sword;

And to themselves, they doe propose

Another Leader should be chose:

They will new mold both Church and State,

Be to the People as their fate,

And not &illegible; &illegible; &illegible; &illegible; &illegible; &illegible;

Their strange confused Anarchee

Erected; and on waxen wingst

Soare ’bove all sublunary things,

&illegible; to effect, PETERS and DELL,

Leacherous Jew, treacherous Insidell,

Desired are to give their doome,

And what shall of their King become;

By Poison some, some by surprize

Would have him fall, each doth devise

A way of death; yet while they stand

Consulting, &illegible; escapes their hand.

O Treason of the worst Intent,

Such as Ravillcack never meant.

Religion both sides do pretend,

But either to a different end;

They out of zeale would reare their owne,

Those out of zeale would pull all downe;

O blesse us from both, but yet compare

Faux &illegible; the vault, these in the Charre;

Though ’twas an unsuccessefull sin,

Fixt those without, worse are within.         (Exit Prag.)

The end of the second Act.

Actus Tertius.

Enter ORIOTO, or LILLIE, with a Iacobs stase. a Globe and Booke.

&illegible;

IF wee observe the middle time of this Eclipse or full Moone, &illegible; &illegible; from the opposition of the Sunne, to the Conjunction of &illegible; and immediately after to the opposition of Venus, and then to the opposition of Mercurie, who is the chiefe and domineering Plannet in the Eclipse: --- here’s no body --- I laugh to thinke how queintly I deceive the credulous world, by making them believe strange things: they come to me is to some Oracle, to be resolv’d of doubts; and by my Sophistrie I so delude them, that they returne contented and admiring; and I that know not whether Ptolomy were man or horse, am counted Englands Arch-Astrologer; yet some esteem me but a jugling wizard, one made up of tautologies and barbarisme, and this all would confesse knew they my windings, how I deceived the rare and gallant Lady, Faire Arnabella Scroope, giving her to my friend John How of Lincolns-Inne: the story thus, The Gentleman ingratiates himselfe into the favour of this Lady, comes to me for advice, (and introth) craves some unlawfull helpes to gaine her; large promises hee made mee in case I brought his wish to passe, gave a round summe in hand, and since I knew my owne unablenesse (to compasse it by Art) I did resolve to act by pollicy, and to that end advised him to breake his minde unto some trustie friend, one whom he durst rely on, he to perswade the Lady Arnabella to come to me, to be resolv’d ’bout some horary question, and who should be her husband (for at this time two gallant Lords were Suitors to her) this was effected, the young Lady comes to me as to some Prophet; I told her that she should not marry (for direfull plagues would follow) either of those young Lords, but another Gentleman, whom destinie and my skill pointed at, of such a stature, haire and habited; and for her better satisfaction in the point, wisht her to go into Spring-Garden, and at the end of such a walke she should meet him ordained to be her husband, and if shee married him, she should be the most fortunate woman in the world, if not the most happy under Heaven: Mr. How in the interim is very punctuall, and observed his directions to a haire, clad in the same habit which I had bid him weare, meets the betrayed Lady, the appearance wherof so amazed and bewitched her, that even through feare of fighting ’gainst the starr, she yeelds to marry him, her fortune being no lesse then 2500 l. per annum, by this device I gain’d an hundred pieces but now a desperate part I undertake, the Adjutators of five Regiments have sent to crave my skill, and doe desire I would by art resolve them, whether their Plots will thrive and take effect, as if I knew what fate attends on things; but I must please the fooles and speake them faire, tell them the motions of the Heavens foretell lucky events to all their undertakings, as in my Alminackes I use to say, when I cologue with them at Westminster.

Enter a Servant.

Sir, sir here’s a woman that has lost some goods, her maid is run away, and carried with her six silver spoones, a paire of holland sheets, with divers napkins.

Lil.

Admit her,

Would you good         Enter Woman,

Woman, ought with me,

Wom.

Yes Sir, some things of mine are stolne, by whom your man inform’d you: I do desire Sir, that by art you’l tell where the wench is, that I may prosecute her, and hence a good Angell Sir to guard you.

Lil.

When were they lost?

Wom.

Yesternight Sir, about three a clock in the morning.

Lil.

Let me see the first Saturne, the second Mars, the third Mercurie; Mercurie is a Thiefe; Woman, thy goods were stollen.

Wom.

O Lord Sir, yes indeed were they.

Lil.

What Countrey-woman was your Servant?

Wom.

Glamorganshire Sir, and a friend of mine that lately came from thence told me he met her on the way.

Lil.

Give me the Map of Brittaine, let mee see England, Scotland, Wales, Brecknockshire, Herefordshire, Glamorganshire, --- I see her --- I see her, she has a packe under her arme, my art tels mee Mistres shee’s gone downe to her friends, there you may find her.

Wom.

I thanke you Sir, may Heaven increase your art.         Exit Wom.

Lil.

Ha, ha, ha.

Thus do I by my knavish art

Get more, than he that acts an honest part.         Exit.

Enter Pragmaticus.

THis is the slave hath wounded England more

Then the Committees, sat at Goldsmiths hall;

Then the Excise, ne’re heard of before

Then our State Sophies (and the Devill and all)

He still hath told (by guesse) the Rebels should

In the end beate the Royall Party downe,

And hath presumed to foretell (for Gold)

That they should make a prize of Charles his Crowne.

The Traytours, even ready for to sinke

Like drowning men, tooke hold of his weake stay,

And once againe recovered the brinke,

And so escap’t the Whirle-poole of decay.

And now in triumph through the streets are borne,

Trampling upon all those that Loyall are,

And at poore Englands &illegible; do scorne,

While King, and Peoples Lands they ’mongst them share.

For them both Land and Seas are searcht, the Skies

Cannot afford them soule enough (they make)

All that is Englands Treasure, lawfull prize,

Killing those that the least resistance make.

For now with Lucifer, their raigne being short,

They rage extreamely, and blaspheme ’gainst heaven:

But now the Traytors want their chiefe support,

Their props are all pul’d forth, their Rocke is riven.         Exit.

The end of the third Act.

Actus Quartus.

Enter the LEVELLERS, Apostacie, Conspiracie, Treacherie, Democracie, Impietie, JOHN OF LONDON, Regicide, &illegible; & cum nova partu.

Apost.

NOw to the point of the businesse; how doth our Printed Papers take?

Con.

As well as heart can thinke, the people swallow them amaine.

Treach.

But what meanes shall we use to draw the rest of the Army on our side? It will be hard for us alone to bring to passe our great design, without there be joint consent of all, we run a desperate hazzard.

Rege.

For that my Brother Patricide, and I have so well dealt, that the whole Army at next Rendevouz, resolve for to declare for Anarchy, and live and dye with us.

Patri.

For to depose their timerous Generall, who seemes to be averse to such designes terming them wicked and to be abhorr’d.

Impiety.

But here’s out Noble John, whom wee’l elect to be our Captaine Generall to guide us through all difficult adventures and actions &illegible; to be archieved.

John.

The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it.Wee’l cut our safety through their Coates of Steele, and write our Lawes (as Draco did) in bloud: I that have dar’d for to encounter death, whom Leggs and Armes did quarrell in the Aire, shot off from &illegible; &illegible; &illegible; I hewed my passage through an host of Royallists, have been &illegible; &illegible; against my Prince, and stood as sole Antagonist &illegible; &illegible; will lead you Gentlemen through all assaies, and make my &illegible; with fire and vinegar over the frozen Alpes of Highgate Hill, not put my Armour off till I do strike my Sword on London-stone, and be proclaimed Lord of London.

Demo.

Thy resolution is magnanimous and worthy thy great selfe renowned Hero, but yet let us joyne Policie with strength, and do our best to &illegible; our Cohorts in, we are yet but an handfull if compar’d with those vast Legions that may joyne with us.

Con.

I shame to heare you run so rashly on without consideration, and sell the Toxes skin ere he is taken; know you not that King Charles doth live, he that sixe yeares maintained fierce War against us, and did His utmost to race out our names from under heaven, is He not now at Hampton-Court respected like a King, and yet in hope once more to graspe the Scepter?

Trech.

’Tis true: and while he is we cannot be.

Impt.

He is the run unbiasses our Boules be the ground never so Levell, and while He breaths we are not sure of life.

Con.

Is there no one that dares put forth his hand, and gall His vitall thread?

Regs.

Yes, here stands one, that for his Nations good and for the promulgation of the Gospell dares hew downe that tall Cedar.

John.

Doo’t &illegible; and be renowned for ever, Posterity shall solemnize thy name in Songs unto the Timbrill, the Virgins of our Land shall decke thy head with Anadems of flowers, and thou fill up a Page in the Callender.

Regi.

Patricide and I will undertake to do it, yet will not act the bloudy deed our selves, our Ministeriall Coate prohibits that, but we will see it done.

Con.

What meanes shall we provide?

Trech.

I hold it best by poyson.

Ioh.

He is too wary what he &illegible; it &illegible; be by assaule.

Trech.

Now I thinke on’t, tomorrow he rides for thou hunting; about the time that he sets out He lay an ambush in some covert place, and with an hundred bold adventros Blades, surprize his person, heare him thence to some place that’s larre remote, there keep him clogg’d with Trons, till we take order for his death.

Regi.

And yee meane time, it opportunity will aptly aid us, wee’ll save you so much &illegible;.

Ioh.

Thanks to you all for your kinde choice of mee; now to your severall Regiments, you know tomorrow is a &illegible; &illegible; and with the rest o’ the Army yea must meet &illegible; where I will be, but in a &illegible; manner, where if the rest joyne with us, Futra, for all our Foes; He make the House of Lords &illegible; one another, while I doe lath their Burrocks, the Presbyters shall &illegible; through Pillories; and he that hath most money prove most miserable: Come on, and let’s away,

My soule doth long to see the &illegible; dry.         Extunt Omaes.

Enter PRAGMATACUS.

The cursed trap is laid, the I oile is set

That they intend to take the Lyon in;

And thus one ill another doth beget,

While they (make knowne) that sin must thrive by sin;

I thinke, what after may betide

And that sinne beares, a sharpe &illegible; at her side.

The Devill that at first, was wont to stirre

The People up, to their owne woe and losse;

To bring their Coine and Plate it, to raise warre,

All Lawes both morrall and divine to crosse,

&illegible; into their Trustees, and forc’d them on

To act a priviledg’d Rebellion.

From them the Spirit went into the Traitors,

That now had plotted for to kill their King,

And told them it concerned Adjutators

To LEVEL all, community to bring.

And when he is cast out, where will he goe:

There’s none besides that can be tempted so.

The end of the fourth Act.

ACTVS QVINTVS.

Enter JOHN Solus.

JOHN.

VVHat direfull Planet is’t that thwarts my hopes? did I but know I’de scale &illegible; starry &illegible; there seize upon’t, and throw it down from thence, like Lucifer from Heaven. O my accursed Fate, this ominous &illegible; hath blasted all my hopes.

Enter Apostasie.

Apost.

Flye, flye, all that we hop’d for quite is crost, even our owne are fallen from us, and &illegible; their submission.

Enter Treachery.

Treach.

What make you here? Doe you not know Sir Thomas so hath wrought by mild and gentle Speechs, by his discreet and wile deportment, that not onely our owne protest against us, but doe acknowledge their revolt with teares.

Joh.

Curse light upon, ’em base, unstable Grooms.

Enter Conspiracy.

Con.

This Rendevouze at Ware hath marr’d us all; the souldiers of our several Regiments have pull’d their Protestations from their Hats, and doe excuse them to the Generall, as drawne away, by our pernicious Counsells.

Enter &illegible;

&illegible;

The fate of Monarchy is not yet determin’d for a subversion, the King is fled away from &illegible;-Court, and our designes are frustrate.

Iohn.

What an harsh melody this Quire of Scritch-Owles make; Mischiefe findet &illegible; Messengers.

Enter Impiety.

Imp.

With our owne Mines our Castles in the Aile are all blowne up.

The Souldiers of our severall Regiments are once more all turned round, nothing is heard &illegible; &illegible; now, but protestations of obedience unto their noble Chiefe, Sir Thomas &illegible;

Enter Regiside & Patricide.

Ioh.

He &illegible; two &illegible; more; what will they croak?

Reg.

The Heavens conspire against us; which way can wee looke, and not behold &illegible; &illegible;

Patri.

Let Whirle windes enter &illegible; hills, and beare them thick and threefold on our heads, untill we buried lye in deeper graves then those of old, that durst attempt the &illegible; I see the Almighties &illegible; with his Sword drawne, bearing his dreadfull Thunder in his hand, arm’d cap ape with lightning, riding on the swift Windes, stands ready to defend CHARLES, and his CROWNE, against all Conspiracy against &illegible;.

Iohn.

’Tis &illegible; to strive against the Destinies, let each shift for himselfe.

And let the world know this, that those which strive

&illegible; lawfull Kings, their Plots shall never thrive.         Extunt.

Enter PRAGMATICUS.

THus Traitors for awhile may hope

To bring their ends about,

But in the end embrace a ROPE,

Or else are whooted out.

Our dearest Lord, great CHARLES, doth live

Us comfort yet to bring,

And mangre those would him deprive,

MUST Reigne, GREAT BRITAINS KING.

Le Heaven showre upon his Head

The blessings of the Day,

And when his soule is thither fled,

Grant that his Sonne may sway.         Exit.

FINIS.

 

9.19. John Harris, The Grand Designe (8 December, 1647)

Bibliographical Information

Full title

John Harris, THE GRAND DESIGNE: OR A Discovery of that forme of Slavery, entended, and in part brought upon the free People of England; by a powerfull Party in the Parliament: And L. G. Crumwell, Commissary Gen. Ireton, and others of that facton in the Army; tending to the utter ruine, and enslaving of the whole Nation. With the true grounds of the Kings removall to the Isle of WIGHT. ALSO The pretended designe of Levelling refuted, and cleared from those false aspersions lately, cast upon the Authors and Promoters of the Peoples Agreement. Written by SIR RAHNIHO, not an invective, but moderate and impartiall observer of the transactions of the Parliament and Army.
Printed in the last yeare of Englands Slavery, 1647.


Estimated date of publication

8 December, 1647.

Thomason Tracts Catalog information

TT1, p. 577; Thomason E. 419. (15.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

The Grand Designe, OR A discovery of that forme of slavery entended, and in part brought upon the free People of England.

IN all Ages publique pretences have been made use of, for the advantaging and securing of particular interests: Not to trace the foot-steps of our Ancestors, I shall come a little nearer, and bring to memory only the actings of a great party in our present Parliament, and some, yea most members in power in the Army, for the proving my Assertion.

And now O ye free Commons of England, remember, at the beginning of this Parliament, what publique pretences were made use of to unite your affections in the management of their then designed undertakings? Was there any visible suffrage, or indeed supposed grievance, depending as a consequent upon the King, and his Parties deportment, that was not laid down, and de-painted in the most lively colours; to the end that the actors and contrivers might appeare odious; and the discoverers, and then opposers, famous; persons deserving both the love and assistance of that People, which they seemingly pretended to deliver from such their then declared pressures and grievances,

At the beginning of this Parliament the whole Representative declared against those illegall practises of the King and his Councell, touching Pattens, Monopolies, illegall Taxes, as Ship-money, and the like, to the end they might the better catch the affections of the People, that groaned under those unsupportable burthens: But it may be remembered, that after those Declarations had net-led the Royall party therein concerned; and that self-interest began to run a contest with publique concernments; how soon (although before we had a full Parliament declaring) had we an empty House owning or vindicating the justice of these &illegible; which they had before declared to be legall, and &illegible; the contrivers and abetters of those things which were (as they had declared) illegall nay rather how soon had we a great party (swaid by honour and interest) that (contrary to their own Declarations) did joyne in the maintenance of those things, which they had before so egerly declared against; viz. the now Lord Hopion, the Lord Capell, Sir Edward Deering, and many others of the Representative or Parliament: Which acting and dissenting of theirs, how destructive it proved to the Kingdome since, I leave to all wise men to judge; but to proceed:

After many persons had declined, and deviated from their first principles (whereby a bloudy War was occasioned) a second party remaining in power, and plausibly pretending the &illegible; safety (having by pretences of freedome beguiled the Nation to a belief) took upon them (instead of executing justice and judgement without partiality, and imploying the Law, in a way of safety and preservation) to oppresse the oppressed, and pervert justice, to exercise power, more then reason, and to make Law subject to their own inordinate wills; straining their priviledges beyond their due limmits, making them altogether unlimmited: which being observed and discovered by some great men in the Army (who pretended) as in the field) so in all places) to endeavour the redemption of the Kingdome from slavely and oppression) a designe was carried on in the Army, and engagements passed thereupon, without, yea, against the Parliamnts liking; in as much as the Parliament had not (by reason of a malignant party prevalent therein) done those things which they had formerly sworn to performe, & were in conscience bound to do, in the discharge of their trust to them by the free Commons commited, and for as much as there was a design to engage the Kingdome in another war, & enslave the People of England under an Arbitrary power; carryed on by Mr. Hollis, Sir Philip Stepleton, and others, as was supposed, and as indeed afterwards did manifestly appear: The Army and Councell thereof did agree, and enter into an engagement, (against the Parliaments liking) to endeavour and employ all their force to breake and prevent that design of raising another Army, and to defend, maintaine, and vindicate the liberties, and Native Birsh rights of all the free commons of England, against all the endeavours, or opposition that could be made against it &illegible; In pursuance whereof it was by some persons at L. Gen. Crumwels, he himselfe being present, upon monday at night before Whit sunday, 1647. resolved, that for asmuch as it was probable that the said Hollis and his Party had a determination privately to remove the King to some place of strength, or else to set him in the head of another Army; That therefore Comet George Joyce, should with as much speed and secrecy as might be, repaire to Oxford, to give instructions for the securing the Garrison, Magazine and Traine, therein, from the said Party then endeavouring to get the same, and then forthwith togather such a Party of Horse as he could conveniently get to his assistance, and either secure the person of the King from being removed by any other, or if occasion were, to remove him to some place of better security, for the prevention of the design of the aforesaid pretended &illegible; Party: Which was accordingly done, both with the knowledge and approbation of L. G. Crumwell, although he afterward (like a subtle Fox) would not be pleased to take notice of it.

This being done, and the two Polititians, Crumwell and Ireton, finding themselves complearly seated in the affections of the soldiery, having caught them by their plausible pretences of Liberty, Freedome, Indempnity, security, and the like; and being sure likewise (by reason of their many Creatures in the Army, which they had advanced to places of promotion, and brought into the Councell) being sure I say, to carry any thing that they should propound, though they might meet with some opposers; they cast about first how to un-horse that Faction that opposed them; which by a charge of Treason, and other misdemeanours (which they never yet had leisure to prove, nor ever will) they in to short time accomplished; which being done, they made an essay to do something which seemed to tend to the establishment of justice, securing the freedomes of the People, and easing of the burthens of the Kingdome (that they might the better &illegible; the affections of the People) which when they found to be abstructed, and that the same party and their adherents were still prevalent in the House, and did vote against their proceedings, and by secret complotments did bring a tumult upon the House, forcing all members that were not of that party to absent themselves, especially the Speakers, who with many other members came to the Army for security; which members sitting and assuming a parliamentary power during the Speakers absence, they declared to be illegall, and thereupon entred into a farther engagement at Hounslo-heath, to march up to London, to purge the House of those usurpers of the Parliamentary Power, and to setle the free Parliament with honour and safety.

In order whereunto the Army marched up to London, and being in a capacity to performe, what they had undertaken, and declared so necessary, & conducing to the peace of the Kingdom (by the subtill Sophistry of Crumwell and Ireton) the Generall was advised to leave it unto the House to purge it selfe, which was accordingly done, and what the effect hath been since; and how well the House hath been purged, I leave to all wise men to Judge; they all, or most of them still remaining therein, and they since owned and declared a true Parliament.

But by the way you may take notice, that as a gratification the House made the Generall High Constable of the Tower, and I am sure the L. Generall lost nothing by that, for he had an old servant or two to gratify, which he did suddenly after with places both of profit and concernment; besides, another Creature of his, Col. Hamond was presently advanced to be Governour of the Isie of Wight.

But to proceed, Having now got almost what they aimed at (to wit) The Person of the King; a considerable party in the Parliament; the Militia of the City; and the name of saving the Kingdome; they then begin to cast about how, to keep what they have got, and that they find to be done but by two &illegible; the first, by closing with the Parliament, in making such Propositions as may please the King, and thereby make themselves so to the Kings interest and power, that they may be thereby secured from the just Taxes of the People which they have so oppressed and betrayed; or else by bringing the Army to the obedience of the Parliament, that by their power, the Parliament might be strengthened and enabled to hold both King and Kingdome to hard meate, and at last if the King would not assent to what they declare to be fit and requisite, then to depose him, and take the power into their own hands, and if the Kingdome did not recent or relish the businesse, then by the power of the Army to quell and curb them: In order whereunto they sent Propositions to the King, which being not assented unto by him, it was put to the question, whether they should make any more addresses; which argues that they had a good mind to throw off the King, if they could any way keep their power, and secure themselves without him: But Ireton declares that he could not promise the assistance of the Army in any such matter; his Father in lawes pulses now beating a Lord-like pace, having a little before kissed the Kings hand, and therefore since they are not likely to secure their power without him, they will by him; and to that end the Army must be taught a new lesson, and whereas before, freedome, security, the purging of the House, a period set to the Parliament, and the like, was the only theame, now only security for Arreares, a little pay, &c. must be all that the Army desires, and to what end think you, but that they might appear seekers of themselves, and so by degrees be lost in the affections of the People; thus have they in a full careere posted from the Saving, to the Enslaving the Kingdome: But by the way they met with a rub, for notwithstanding that, they thought they had made all sure, yet so it pleased God to order and dispose things, that their designe was made manifest, and some men of upright hearts, were carried out in the seeking of justice, and preventing the enslaving of the Nation, and in order thereunto, did severall times, not only oppose all their enslaping practices, but also offer unto them in open Councel, some foundations of common freedome, absolutely necessary to be insisted on, for the re-estating of the free Commoners of England in their antient birth-rights; which they, the said Designers, (to &illegible;) Crumwell and Ireton; and the rest of that &illegible; Faction could by no meanes rellish; neither would their high aimes ever admit them to debate the justnesse thereof; it being altogether crosle to the Pias of their Ambition: But contrarily they rayled and reviled against those, which either propounded or owned any such matter, branding them with the name of dividers of the Army, factious persons, and the like: And being fearefull the &illegible; all their labour they should now be frustrated of their expectations, and by some under-hand dealing be deprived of the &illegible; of their hopes, the King, there must be a pretended designe against the Kings person, discovered by L. G. Crumwell to his Cozen Whaley, and immediately after, (the Guards being first doubled) there must be a pretended escape of the King to avoid that pretended danger; but by the way remember, the King affirmes he had withdrawn his promise made to Col. Whaley, long before this pretended discovery, which was in order to his departure at that time determined without question, and the other but a pretence made use of to colour the businesse.

It may be remembered that these manner of pretences are no new things; for when the King first discerted the Parliament, the pretence was Tumults, and the danger of his Person; and if you would know what those tumults were, they were no other but the approaches of his oppressed Subjects, with cryes for justice, which he unjustly denyed both his Parliament and People which because he would not grant, he absented himselfe, and made the danger of his Person by those tumults as he called them, the ground of his departure; although it be notoriously apparent, that he was then privately providing to make warre with his Parliament and People, and in order thereunto, was sending the Jewels of the Crown to purchase. Armes in Holland for the managing of the design aforesaid.

Which acting and pretences then, being compared, with his present acting, in relation to his departure from Hampton Court, and the now pretended cause thereof, will plainly appeare to be of the same stamp with the former; and indeed no other but a design, not only to make odious, but also if advantage be offered, to cut off, and destroy all the godly persons in the Kingdome, that shall but in the least endeavour to oppose the exercise of his, and their Prerogative enslaving tirannicall practises, in the securing of the Peoples just Rights and Freedomes.

But if you shall consider further, whether must the King fly, or rather be carried, to avoid the pretended danger, but to Hammond at the Isle of Wight, one of Crumwels own creatures, there to remain, untill such time as Propositions can be made ready sutable to the Kings desire, and an Act be passed for the Parliaments indempnity; and then O you poore betrayed Commons, where will you obtain justice or security, when your Trustees that pretended to deliver you, shall have thus to advance themselves, betraied you.

And now if you shall desire a reason why these men should now at last derogate from their former pretended Principles; and should not now, as heretofore, endeavour to secure the Peoples just freedomes.

I answer; the Parliament, (or at least a great part of them) are now brought to such an exigency, that they cannot act otherwise with security to themselves.

It is easie to demonstrate unto the world, that many of their actions have not, neither can they be warranted by Law, especially their Arbitrary and illegall sommoning, and committing persons (contrary to Law) which all knowing men are resolved for the future to protest against, and oppose, mangre the power of all that shall endeavour the execution or justification of those unjust and tyrannicall practises:) And likewise, that by their continued, and redoubled oppressions brought upon the Kingdome, they have not only lost the friendship of the People, but in a great measure purchased their enmity; so that now their condition is such, that either they must close with the King, whose interest in the People is now greater then theirs, having got what they have lost) that so, what they cannot promise themselves by their own power, they can assure themselves by his, (who without doubt hath so much policy as to promise both security & advancement to a part, that he may the easilyer get into a capacity of enslaving the whole.

To be a little plainer; It cannot be immagined improbable, that the Parliament having lost the love of the People, doubting the assistance of the Army, and wanting means (though without question they have wills) to enable them to throw off the King, and by force to maintain their actions legall; I say, can it by any that have sence or reason be imagined, that they will not to secure themselves from the taxes of the People, the lash of the Law, and Levelling, as they tearme it; that is, from being made (as all other Subjects) accountable to the Law, and People for all their actions) take any advantage or oportunity? And what better advantage can they have, then to joyn with the King? that by assenting unto his desires, they may engratiate themselves into his favour, and wrapping themselves up in his Mantle of tirannicall Royalty, and Protection, in their own honour & security, leave all the free Commons of England, (by them animated, authorized, nay enforced to fight against, and subdue him) exposed to the exasperated rage of a conquered King, and incensed Party, who will not faile, being once in power, to exalt themselves in, and by the ruine of their opposers; and like legitimate Imps of their Tyrant-exalter; Lord it over the Kingdome.

And if you shall ask, wherein Crumwell, Ireton, and the rest of that Faction, are concerned in the Parliaments actions; I Answer, they are Parliament men, and so bound up in the Parliaments actings; and indeed so involved in the Parliaments interest, (joyned to their own ends) that I can thinke it no other then a difficult matter, for them to deny themselves in this Particular; Honour and profit being very potent allurements in these our self-loving dayes.

It is observable that these two Polititians Crumwell, and Ireton, at first were eager against all persons that visibly opposed them in the Parliament, but would never yeeld to the purging of the House, only they would never be quiet till they had got out all those that any way opposed them; witnes the late charge against the eleven Members, where (although Crumwel himselfe confessed at Colbrooke, that he had nothing against Sir John Mainard; yet he must be put in among the rest, and only because he was a busie man against him and his faction: Having removed them he remaines satisfyed, untill he finds another party of Pellamites which endeavour to throw him out of the Sadle; and then he comes in with (I am perswaded) a hearty sorrow, confessing, and praying God to forgive him, because he had hindered the purging of the House: And why is the Lievtenant Generall so penitent thinke you? but only because he feared they would be some hinderance to his high aimes.

And here I shall insert this Quere, Whether, considering that there are two Parties acting for particular interest, and each of them endeavouring to bring in the King, for the advancement of their own party, whether, I say, it be not probable that the King was removed by design, and enduced by engagement, to alter his former resolution of not being removed; lest the Pellamites should have served Crumwell at Hampton, as he served them at Holdenby? For my part if it were not so, it is to me a Ridle, which none I believe can unfold but honest Oliver,

But to proceed, It may be demanded, seing that Crumwell is so active for his own parties interest, why the other party being as yet most powerfull in the House have not outed him of his power?

I answer, could they but bring the King in upon their own interest, and thereby secure themselves in the attempt; I am consident they would tread him and his adherents low enough: and that the Lievtenant General knowes well; otherwise Hammond had never been Lord Chamberlaine; nor the King removed to the Isle of Wight; though I believe he never dreamt of the consequences that have happened, and and are like to succeed thereupon; that by the way; but to proceed, the King being gone, the City distasting them, or indeed over-awed, not daring by reason of their own divisions, to appeare with, or for them; the Country wearied, and rather enclinable to endeavour the dissolution of their power, then any way to assist them in the maintenance or support thereof, and which is worst of all, the Army, (which should by their power make their commands authentique) utterly rejecting their authority, and rendering them a trayterous Party, and persons endeavouring the destruction of the just rights and freedomes of the People; these things being duely considered, you may plainly see, that it is more for feare, then favour, that they close with him, he being both politicke and powerfull, by reason of his adherents in the House, and creatures in the Army, in respect of which also they could not make use of a sitter instrument, to draw the Army to their assistance, if it might be; for the Father and the Sonne, with the rest of their Family, from generation to generation, have the command of halfe the Army, all which having received their promotion and Principle from Crumwell, and looking still to rise with him, will not move a foot beyond his instruction, nor as neare as they can, fall short of it; and as the King is his Idoll, so he is theirs, hanging altogether in the executing what their own honour and interest dictates unto them.

It is a commendable thing in the Lievetenant Generall to advance his kindred, and servants, so it be done by good wayes, and for just ends; not to advance lawlesse ambition, & strengthen irregular attempts, if so; he may chance in the midst of his Golden hopes meet with Buckinghams Fate, or Straffords doome, and in stead of honour in her it infamy.

Thus having in some measure discovered unto you their actings in relation to the betraying the free People of England to an Arbitrary power, contrary to the Protestations of Parliament, and engagements of the Army.

I will now, in opposition to this their practice, lay you down the heads of that foundation of freedome &illegible; and by them opposed, and to the Kingdome rendered odious, under the notion of Parity, Community, &illegible; destroying Magistracy, and the like, to the end that you may plainly judge betwixt us and them, and see who they be that indeed labour to invest you with your just rights and liberties.

The Agreement:

1. That the People of England being at this day very unequally distributed by Counties, Cities and Boroughs, for the Election of their Deputies in Parliament, ought to be more indifferrently proportioned according to the number of the Inhabitants.

That is, for as much as by the late costomes of this Nation, there were but two persons chosen as Representatives for each County, and those by the consent and approbation of persons of such a rancke, quality, and condition, as free-holders, &c. which persons chosen as Representatives have commonly been such as were in some measure &illegible; in, or related to, the prerogative of the King, either by promotions received or expected; and likewise for as much as the persons chosing are commonly more swaid by favour then reason in their choyce, being Tenants either to the persons chosen, or their friends; which hath been one main reason that the lost liberties of the Kingdome have beene from time to time no better vindicated and preserved; That therefore from henceforth their might be persons chosen for Representatives for every County, proportioable to the number of Inhabitants in each County, and that not by freeholdolders only, but by the voluntary assent of all men that are not servants or Beggers, it being pure equity, that as all persons are bound to yeild obedience to the decrees of the Representative or Parliament, so they should have a voyce in the electing their Representatives, or Members of Parliament.

2. That to prevent the many inconveniences apparently arising from the long continuance of those persons in authority, this present Parliament be dissolved, &c.

That is, for as much as the long continuance of the Power of Parliament men proveth very destructive to the liberty of the People, and occasioneth their falling into parties and factions, and giveth them great countenance in the exercising of an arbitrary power: that therefore they be continued but for a short time, and that during that time they may remain accountable to those that chose and entrusted them.

And for that clause in the agreement, to wit, That in all Lawes made or to be made, every person may be bound alike, and that no Tenure, Estate, Charter, Designe, birth or place; doe conferre any exemption from the ordinary course of legall proceedings whereunto others are subjected, which they make the ground of aspersing the prosecutors thereof with the name of Levellers and pulling down Magistracy; it is indeed no other but this, That whereas now severall persons are by an usurped power exalted above the Law, and protected from due process at Law, (viz) Lords as Peers, although legally indebted, may not be touched with an arrest, nor be made subject to the censure of the Law; whereby they have made little conscience when they have got mens estates in their hands, to returne the same, but have stood upon their Prerogative and thereby been protected, to the utter ruine and undoing of many of the free people of England.

And likewise whereas not only the persons but habitations of such Persons are made sanctuaries for persons indebted; that these things might be for the future removed, and both persons and places put under the power of the Law; and this is the whole summe of that great design of Levelling you hear so much of.

For all other matters I referre you to the Agreement it self, which being seriously and impartially scanned, I am confident will give any man not swaid with interest or prejudice, sufficient satisfaction; and I doubt not, (maugre the malice and opposition of all sorts of men) will ere long appear to be indeed that which ultimately conduceth to the freedome and security bothof the Magistracy (if setled in its right orbe) and all other the now oppressed and almost enslaved Commons of England.

Quere.

Whether it be not more then probable that the encreasing the heavy burthens of the Kingdome by taxations from the Parliament and free quarter from the Army, whether I say, may it not be done by designe, and on purpose to weary out the People, that they may thereby be made willing to accept of peace on any tearmes?

 

9.20. Thomas Jordan, The Anarchie or the blessed Reformation since 1640 (11 January, 1648)

Bibliographical Information

Full title

Thomas Jordan, The Anarchie or the blessed Reformation since 1640. Being a new Caroll wherein the People expresse their thankes and pray for the Reformers. To be said or sung of all the well affected of the Kingdome of England and Dominion of Wales, before they eate any Plumbroth at Christmasse. To a Rare New Tune.


Estimated date of publication

11 January, 1648.

Thomason Tracts Catalog information

TT1, p. 584; Thomason 669. f. 11. (114.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

NOw that thanks to the Powers below,

We have e’ne done our doe,

The Miter is downe,

And so is the Crowne,

And with them the Coronet too;

Come Clownes and come boyes,

Come hober de hoyes,

Come Females of each degree,

Stretch your throats, bring in your Votes,

And make good the Anarchy.

And thus it shall goe sayes Alice,

Nay thus it shall goe sayes Amy;

Nay thus it shall goe sayes Taffie I trow,

Nay thus it shall goe sayes Jamy.

Ah but the Truth good people all,

The Truth is such a thing,

For it wou’d undoe, both Church and State too,

And cut the throat of our King,

Yet not the Spirit, nor the new light,

Can make this point so cleare,

But thou must bring out, thou Deified rout

What thing this truth is and where.

Speak Abraham, speak Kester, speak Iudith, speak Hester;

Speak tag and rag, shore coat and long,

Truth’s the spell made us rebell,

And murder and plunder ding dong.

Sure I have the truth sayes Numph,

Nay I ha’ the truth sayes Clemme;

Nay I ha’ the truth sayes reverend Ruth,

Nay I ha’ the truth sayes Nem.

Well let the truth be where it will,

We’re sure all else is ours,

Yet these divisions in our Religions,

May chance abate our powers;

Then let’s agree on some one way,

It skils not much how true,

Take Pryn and his Clubs, or Say and his Tubs,

Or any fect old or new;

The Devils ich’ Pack, if choyce you can lack,

We’re fourscore Religions strong,

Take your choice, the major voice

Shall carry it right or wrong:

Then weele be of this sayes Megg,

Nay weele be of that sayes Tibb,

Nay weele be of all sayes pityfull Paul,

Nay weele be of none sayes Gibb.

Neighbours and friends pray one word more,

There’s something yet behind,

And wise though you be, you doe not well see

In which doore sits the winde;

As for Religion to speake right

And in the Houses sense,

The matter’s all one to have any or none,

If ’twere not for the pretence:

But herein doth lurke the key of the worke,

Even to dispose of the Crowne,

Dexterously and as may be

For your behoofe in our owne.

Then lets ha’ King CHARLES sayes George,

Nay lets have his son sayes Hugh,

Nay then lets ha’ none sayes jabbering Ione,

Nay lets be all Kings sayes Prue.

Oh we shall have (if we goe on

In plunder, Excise, and blood)

But few folke and poore to domineere ore,

And that will not be so good:

Then lets resolve on some new way,

Some new and happy course,

The Countrys growne sad, the City horne mad,

And both Houses are worse.

The Synod hath writ, the Generall hath—

And both to like purpose too,

Religion Lawes, the Truth, the Cause

Are talk’t of, but nothing we doe.

Come come shal’s ha peace sayes Nell,

No no but we won’t sayes Madge,

But I say we will sayes firy fac’d Phill:

We will and we won’t sayes Hedge.

Thus from the Rout who can expect

Ought but division;

Since unity doth with Monarchie,

Begin and end in One:

If then when all is thought their owne,

And lyes at their beheft,

These popular pates reap nought but debates

From that many Round-headed beast.

Come Royalists then doe you play the men,

And Cavaliers give the word,

Now lets see at what you would be,

And whether you can accord

A health to King CHARLES sayes Tom,

Up with it saies Raphe like a Man,

God blesse him sayes Doll, and raise him sayes Mall,

And send him his owne sayes Nan.

Now for those prudent Things that sit

Without end and to none,

And their Committees that Townes and Cities

Fill with confusion;

For the bold Troopes of Sectaries,

The Scots and their partakers;

Our new Brittish States, Col Burges and his mates,

The Covenant and its makers,

For all these weele pray, and in such a way,

As if it might granted be,

Iack and Gill and Mat and Will,

And all the World would agree.

A pox take them all sayes Besse,

And a plague too sayes Margery,

The Devill sayes Dick, and his Dam too sayes Nick,

Amen and Amen say I.

It is desired that the Knights and Burgesses would take especiall care to send downe full numbers hereof, to their respective Counties and Burroughs, for which they have served Apprentiship, that all the people may rejoyce as one man, for their freedome.

FINIS.

 

9.21. Anon., The Mournfull Cryes of many thousand Poore Tradesmen (22 January, 1848)

Bibliographical Information

Full title

Anon., The Mournfull Cryes of many thousand Poore Tradesmen, who are ready to famish through decay of Trade. Or, the warning Teares of the Oppressed.

Estimated date of publication

22 January, 1848.

Thomason Tracts Catalog information

TT1, p. 586; Thomason 669. f. 11. (116.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

 

The mournfull Cryes of many thousand Poore Tradesmen, who are ready to famish through decay of Trade. Or, the warning Teares of the Oppressed.

OH that the cravings of our Stomacks could bee heard by the Parliament and City! Oh that the Teares of our poore famishing Babes were botled! Oh that their tender Mothers Cryes for bread to feed them were ingraven in bresse! Oh that our pined Carkasses were open to every pittifull Eye! Oh that it were knowne, that wee sell our Beds and cloaths for Bread! Oh our Hearts &illegible; and wee are ready to swoone in the top of every Street.

O you Members of Parliament and rich men in the City, that are at case, and drinke Wine in Bowles, and stretch your selves upon Beds of downe, you that grind our faces and Flay off our skins, will no man amongst you regard, will no man behold our faces black with Sorrow and Famine, is there none to Pity. The Sea-monster drawes our the brest and gives suck to their young ones, and are our Rulers become cruell like the Ostrich in the Wildernesse, Lament. 4. 3.

OH yee Great men of ENGLAND, will not (thinke you) the righteous GOD behold our Affliction, doth not hee take notice that you devour us as if our Flesh were Bread? are not most of you eyther Parliament-men, Commitee-men, Customers, Excize-men, Treasurers, Gouernours of Townes and Castles, or Commanders in the Army, Officers in those Dens of Robbery the Courts of Law? and are not your Kinsmen and allies, Collectors of the Kings revenue, or the Bishops rents, or Sequestrators? what then are your ruffling Silkes and Velvets, and your glittering Gold and Silver Laces, are they not the sweat of our Browes, and the wants of our backes and bellies?

Its your Taxes, Customes, and Excize, that compells the Country to raise the price of Food, and to buy nothing from us but meere absolute necessaries; and then you of the City that buy our Worke, must have your Tables furnished, and your Cups overflow; and therefore will give us little or nothing for our Worke, even what you* please, because you know wee must sell for monyes to set our Families on worke, or else wee famish: Thus our Flesh is that whereupon you Rich men live, and wherewith you decke and adorne your selves. Yee great men, is it not your Plenty and abundance which begets you Pride and Riot? and doe not your Pride beget Ambition, and your ambition Faction, and your fiction these Civill broyles; what else but your Ambition and Faction continue our Distractions and Oppressions? Is not all the Controversie whose Slanes the poore shall bee? Whether they shall be the Kings vassalles, or the Presbyterians, or the Independant factions? and is not the Contention nourished, that you whose Houses are full of the spoiles of your Countrey, might be secure from Accompts, while there is nothing but Distraction, and that by the tumultuousnesse of the People under prodigious oppression. you might have faire Pretences to keepe up an Army, and Garrisons, and that under pretence of necessitie you may uphold your arbitrary Government by Committees, &c.

Have you not upon such pretences brought an Army into the bowels of the City, and now Exchange doth rise already beyond Sea, and no Marchants beyond Sea will trust their Goods hither, and our owne Marchants conveigh their* Estates from hence, so there is likely to bee no importing of Goods, and then there will be no Exporting, and then our Trade will bee utterly Lost, and our Families perish as it were in a moment.

O yee Parliament men heare our dying Cry,The Merchants have already kept back from the Tower, many hundred thousand pounds, and no bullion is brought into the Tower, so that money will be more scarce daily. settle the Common-wealth, settle the Common-wealth! strive not who shall bee greatest untill you be all confounded. You may if you will presently determine where the supreame Power resides, and settle the Iust common Freedomes of the Nation, so that all Parties may equally receive Iustice and injoy their Right, and every one may bee as much concerned as other to defend those common Freedomes; you may presently put downe your Arbitrary Committees and let us be Governed by plaine written Lawes in our owne Tongue, and pay your ministers of Iustice out of a common, Treasurie, that every one may have Iustice freely and impartially.

You have in your hands the Kings, Queenes, and Princes revenue, and Papists Lands, and Bishops, and Deanes, and Chapters lands, and Sequestred lands, at least to the value of Eighteene hundred thousand Pounds by the yeare. Which is at least five hundred Thousand pounds a yeare more then will pay the Navie and all the Army, and the Forces which need to bee kept up in England and Ireland; and out of that the Kingdomes debts would bee payd yearely; whereas now you runne further into Debt daily, and pay One thousand pounds by the Day at least for use Money; besides you may if you will Proclaime Liberty, for all to come and discover to a Committee of dis-ingaged men, chosen out of every County, one for a County to discover to them what Monies and Treasure, your owne Members and your Sequestrators, &c. have in their hands, and you may by that meanes find many Millions of money to pay the Publique debts. You may find 30000. l. in Mr. Richard Darley’s hand 25000. l. in Mr. Thorpes hands*, a Member of Yours who first Proclaimed Sir John Hotham Traytor. And thus you may take off all Taxes presently, and so secure Peace, that Trading may revive and our Pining, hungry, famishing Families bee saved.

And O yee Souldiers who refused to Disband, because you would have Iustice and Freedome, who Cryed till the Earth ecchoed Iustice, Iustice; forget not that Cry, but cry speedily for Peace and Iustice, Louder then ever. There is a large Petition of some pitifull men that’s now abroad, which containes all our desires, and were that Granted in all things, wee should have Trading againe, and should not need to begge our Bread, though those men have so much mercy as they would have none to cry in the streets for Bread.

Oh though you bee Souldiers, shew bowels of Mercy and Pity to a hunger starved People; Goe downe to the Parliament, desire them to consume and trifle away no more time, but offer your desires for Vs in that large Petition, and cry Iustice, Iustice; Save, save, save the Perishing people; O cry thus till your importunity make them heare you.

O Parliament men, and Souldiers! Necessity dissolves all Lawes and Government, and Hunger will break: through stone walls, Tender Mothers will sooner devoure You, then the Fruit of their owne wombe, and hunger regards no Swords nor Cannons. It may be some great oppressours intends tumults that they may escape in a croud, but your food may then be wanting as well as ours, and your Armes will bee hard diet. O hearke, hearke at our doores how out children cry Bread, bread, bread, and we now with bleeding hearts, cry, once more to you, pity, pity, an oppressed inslaved people: carry our cries in the large petition to the Parliament, and tell them if they be still &illegible; the Teares of the oppressed will wash away the foundations of their houses. Amen, Amen so be it.

Endnotes

 [* ] And since the late Lord Major Adams, you have put in execution an illegall, wicked Decree of the Common Councell; whereby you have taken our goods from us, if we have gone to the Innes to sell them to Countrimen; and you have murdered some of our poore wives that have gone to Innes to find Cuontrimen to buie them.

 [* ] M William Lenthall, Speaker of the House, to cover his cozenage, gave two and twenty thousand pounds to his servant M. Cole, to purchase Land in his own name, though for his use; which hee did, and then dyed suddenly, and the Land sell to his Sonne, and the widow having married a Lawyer, keeps the Land for the childs use, and saith he knowes not that his predecessor received any monie from the Speaker, and now Master Speaker sueth in Chancery for the Land. A hundred such discoveries might be made.

 

 

9.22. John Hare, Englands Proper and onely Way to an Establishment in Honour, Freedome, Peace and Happinesse (24 January, 1648)

Bibliographical Information

Full title

John Hare, ENGLANDS proper and onely way to an Establishment in Honour, Freedome, Peace and Happinesse. OR, The NORMANE Yoke Once more uncased, And the Necessity, Justice, and present seasonablenesse of breaking it in pieces demonstrated, In Eight most plain and true PROPOSITIONS with their PROOFS. By the Authour of Anti-Normanisme, and of the Plain English to the neglectors of it.

Deo, Patriae, Tibi.

LONDON, Printed for R. L. Anno Dom. 1648.


Estimated date of publication

24 January, 1648.

Thomason Tracts Catalog information

TT1, p. 586; Thomason E. 423. (18.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

To THE READER.

Reader,

THou hast here once more my endevour for to draw this our Nation from under the Right, Title, Effects, and Badges of the Normane (pretended) Conquest over us, to which by the iniquity of precedent times, and the ignorant negligence of the present, wee remayn still subject; Conquest (sayth Doctor Hudson) in its best attire is the most eminent of Curses, but sure it is a Curse far more eminent to be so difficult to be perswaded to come out of that quality, especially while undeniable Justice, power, and opportunity adde their invitations: If what is here made manifest shall meet with due and timely regard, and produce effects according, wee may happily recover that incomparable Freedom, Honour, Peace and Happinesse which we enjoyed under the glorious and our last right English King Saint EDWARD; but if such cold consideration shall attend it as seems to have befallen what hath been before sent abroad upon the same errand, I shall esteem it great pity, and am much deceived, if either by our old or some new Conquerours wee be not taught with more then words, what belongs to such as have not capacity to be either ingenious Subjects or dutifull Slaves. Vale.

Jo: Hare.

Englands proper and only way to an establishment in Honour, Freedome, Peace, and Happinesse.

Proposition 1.

That the Right and Title of a (pretended) Conquest over the English Nation, by Forreigners called Normanes, hath been heretofore set up and is still upheld in this Kingdom, and that all Englishmen by the mouthes of their Parliaments and Lawyers have submitted and doe still submit unto the same, and are governed in great part by Normane Innovations, being forreign Laws and Customes introduced by the said Normanes in despight of the English people, for Markes and Monuments of the said Conquest.

Proofe.

THat the Right and Title of such a Conquest is still on foot, and stands for the Basis of this Kingdom, I suppose needi no proofe: That it is accordingly still submitted to, I have proved in my Plain English, pag. 3, 4. a sufficient part of which probation is this, (viz.) That by the mouthes abovesaid, we doe acknowledge (how truly I shall shew in my fifth Proposition) time the Duke of Normandy absolutely purchased with his Sword the Crown of England and our Allegiance (for otherwise he could not be as we name him our Conquerour.) Secondly, That accordingly we doe submit to his Heires, placing him the said Duke (specificated with his said Title of Conquerour.) for the Root and Alpha of our rightfull Kings; so that it is plain that the said Conquest doth enjoy both our acknowledgement and profest allegiance; That the Normane Innovations are retained (to the almost exiling of our own proper Laws) is every where both* legible and visible: That they were introduced in manner and for the purpose above said, and accordingly reseuted and reluctated against by the English people (while they understood themselves and their proprieties) may appeare by their many exclamations made against them unto the (pretended) Conquerour, by the Acts of the Kentishmen, and by the Londoners Petition in King Stephens time, which also occasioned those many Regall Oaths to be then and still taken (though not yet performed) for retracting these innovations and restoring the Laws of King Edward, So far are the said Innovation from being any part of our Legitimate Laws (though our wilde Lawyers so repute them) the proper birth or stamp whereof is to be of the peoples choosing, as the Coronation Oath testifies it. And thus much for to shew that while we dispute the duty of Subjects we professe the allegiance of Captives, while wee spurne at English Proclamations we submit to Normane Laws, and that notwithstanding all our great Victories and Triumphs, we doe still remain as much as ever, under the Title and in the quality of a conquered Nation; unto which what reasons we have to induceus, I shall shew in my ensuing Propositions.

Proposition 2.

That the said Title of Conquest and Normane Innovations (while they continue in force in this Kingdom) are destructive to the Honour, Freedome, and all other unquestioned Rights of this Nation, and much more to the present Legality and future validity of this Parliaments proceedings.

Proofe.

A Great part of the Injuriousnesse of this Title and Innovations, toward our Nation, I cannot better set forth then in the words of learned Fortescue (cited by Mr. Prin in his Sovereigne Power, part. 1. p. 37, 38.) though himselfe a Normane and arguing onely against unlimited Prerogative in the Crowne which is but part of what is inseparably wrapt up in Title of Conquest, who having declared it to be the undoubted Right of Englishmen to have this two-fold Priviledge (viz.) to be under Laws of their owne choosing and Princes which themselves admit, (in which two consists a great part of their Honour and the summe of their Freedome as I have shewed in my Plain English p. 1.) addes, that of the Benefit of this their Right they should be utterly defrauded if they should be under a King that might spoil them of their Goods, (as our first pretended Conquerour did, and as the heyres of his Title by the law of all Conquests still may.) And yet should they be much more injured if they should afterwards be governed by forreign and strange Laws and such peradventure as they deadly hated and abhorted (of which sort I have before shewed these Innovations to be,) And most of all, if by those Lawes their substance should be diminished (as it is by many of these Innovations particularly that of drawing the generality of Law-suits to Westminster) for the safegard whereof as also of their honour and of their owne Bodies they submitted themselves to his Governement; Thus and more he; To which I may add, that this Injuriousnesse were yet much more aggravated, if our Kings which were install’d by our Admission and should thus patronize our Honour, &c. Should professe themselves to be of forreigne Bloud, declare that they owe their Right to the Crowne unto none but their Sword, and write on our foreheads that we are their Conquered and Captive vassalls (as our Princes while they retaine the said Title, doe;) In summe, the Title and Effects of this (pretended) Conquest are a yoke of Captivity, unto which while we continue our fond and needlesse Submission, we renounce Honour, Freedom and all absolute Right to any thing but just shame and oppression, being thereby in the quality of profest Captive Bondslaves unto the heyres of the Duke of Normandy and wearing the open livery of that Posession; And although we enjoy a mitigation of our Slavery by Charters, yet are those Charters revokable at the Kings pleasure (as* K. Richard the Second well observed) while the Kingdom continues grounded on the Conquest, Which I have sufficiently proved (in the Preface to Plaine English) from the tenour of Magna Charta it selfe (which declares the said Charter to be an Act of meere grace and favour and grounded upon respect not somuch of Duty as of meritorious supererogating toward God, much lesse of duty (though benefit) to the Nation, and from a* confession of Parliament, and is also otherwise no lesse cleerly evincible, for that it is a Maxime, that all Subjects of a Conquest, especially while they professe themselves such (as we simply still doe) are in the quality of Tenants in villenage, subject and subservient in their persons and estates to the Will Honour, and Benefit of their Conquerour and his heires, according to that Axiome in* Cæsar (mentioned in my Plain English, pag. 7.) Jus est Belli hi qui vicessent his quet vicessent quemadniodum vellent Imperarent, That the conquered are by the Laws of War under the arbitrary Rule and Government of their Conquerours, and according to the practice in the Turkish Dominions, which are not more grounded on conquest then we yeild ours to be; wch Captive and slavish quality, how unseemly it is for Englishmen to continue in, especially toward a Normane Colony, and that while they may with justice and facility come out of it, I have shewn in my Anti-Normanisme: And as touching the consequent* Illegality of this Parliaments proceedings (untill they either repeale this Title, or else renounce the quality of Englishmen) if it seeme not evident enough from the premises, it may be seen in my Plain Engl. evinced and proved against all objections whatsoever; of which illegality, future invalidity is both the sister and daughter.

Proposition 3.

That the same are also &illegible; to the Kings Right to the Crown, to his Honour, and to his just interest in the peoples affections.

Proofe.

FOr it is confect on all sides (particularly by Master Marshall and Master Prix. the Prolocutors of the Parliamentarians, and by Doctor Hudson the grand Royalist) that the Title of Conquest is* unjust, as being gained by murderous Rapine; So that while we ground the Kings Title on a Conquest, we make him a predonicall Usurper, and desraud him of his just Right founded on Saint Edwards Legacie joyned with this Nations Admission, besides his Herteship to the English Bloud, as I have shown in my Plain Engl. page the last, and in Anti-Norman, pag. 19. And as for his honour and just interest in the peoples affections, they consist in his being Pater Parriæ, as himselfe also also lately intimated; but the Title of the Conquest holds him in the quality not onely of a forreigner, but also of the capitall enemy of his Subjects, and so affords their mindes more provocation unto hatred and revenge, then unto affection or allegiance, as I have plainly shown in my Preface to Plain Engl. and in Anti-Norm. pag. 20, 21. and may be discerned from those sutable fruits of it, which I shall hereafter specific. Neither doe the Innovations (the Effects and badges of the (pretended) Conquest) want their share in the like effect, as being a just cause of the dis-relishment and contempt of our Laws, (so Normanized both in matter and forme) by understanding men, and (no doubt) the ground of that generall and inbred harred which still dwels in out common people against both our Laws and Lawyers.

Proposition 4.

That the same have been the Root and Cause of all the Civill Wars (about temporall matters) that ever were in this Kingdom betwixt King and People, and are likewise for the time to come, destructive to all well grounded, firme and lasting unity, peace, and concord in this Realm, and consequently to the strength of the same.

Proofe.

THe Narrative is evident from history, the rest from reason; for how can there be union in affection betwixt those that are profest strangers and enemies one to another as this Title and Innovations (the Ensignes of hostility) render our Kings & people, moreover the said Title (by reason of the unlimited prerogative inseparably appendant) is apt to suggest seeds of Tyranny to the Crown (as it hath continually done) & consequently of insurrections to the subject, to the disturbance of the publike peace, which is Confirmed by the said many Civill warres we have had in this Kingdome since these Abuses were set on foote, whereas before, we never had any; And weaknesse must needs wait upon that Body where there is &illegible; a disunion and antipathy betwixt the Head and Members.

Proposition 5.

That the introduction of the said Title and Innovations was, and the retaining of them is contrary to the fundamentall Constitution of this Kingdom.

Proofe.

FOr the Normane Duke was admitted as Legatee of Saint Edward,Not any History or Record sayth that he claimed the Crown (before hee had it) as Conqueror of England, much lesse that hee was acknowledged for such by the English or submitted to under that Title; therefore the assumption of that Title afterward, was usurpatory: See my Anti-Norm. p. 15, 19. and upon his Oath to preserve our Lawes and Liberties, and notes a Conquer our nor yet for an Innovator, as the most authentique Historians testifie, among whom honest Æmilius Vermensis an impartiall stranger writing of this matter, sayth expresly, non ipsi &illegible; sed causa defuncti vict a extinct aque, that it was not the English Nation, but the Usurper Harold that was overcome, and as (in opposition to the Innovations) I shall make more clear in the confirmation of my neut Proposition; Insomuch that the violent introduction of the said Abuses was, and the pertins clous upholding of them is an usurpant: perjurious and perfidious robbing us of the Title and quality of a free Nation.

Proposition 6.

That the restining of the same is contrary to the Coronation Oath of all our Kings, and to the Oaths and Duties of Parliament and People.

Proofe.

FOr it is the fifth and chiefe part of the proper and Solemne Oath of all our Kings at their Coronation (as it was the first Normanes like Oath, either at his Coronation or (at least)* before his full admission and confirmation by the English State) to preserve our Laws and Liberties established by Saint Edward, which are inconsistent with the said Title and Innovations; Neither can any man say, that because the Oath binds asse to the confirmation of other Kings Grants, therefore these. Innovations are included; for Grants imply a precedent asking, and how far these Innovations were from ever being asked I have before shown; And moreover the confirmation is especially limited to the Laws of King Edward, as being both the most desired and desirable. And for Parliament and People, they are bound both by their naturall and officiall Duties, and moreover by their late solemne Covenant, unto the vindication of their National Rights and Liberties, of which the said Title and Innovations are the greatest opposites, as I have before shown.

Proposition 7.

That untill this Title and Innovations are abolished, there can be no Honour, Freedome or Happinesse to this Nation, That the inception of that enterprize is the most hopefull means for curing the present Divisions, and that there is no colourable objection against the performing it.

Proofe.

FOr untill the Cause be taken tawity the Effect is not like to cease, I have before shown how destructive these Abuses are to our Honour, Rights, and Unity, While they remain, we are in the quality of captive slaves, and our Kings in the semblance of forreign and usurping Lords; And as these evals were the cause of the first fracture and subsoquent Antipathy in this Kingdom betwixt Crown and Subject, So there can be no solid closure betweene them untill they are repealed; These being removed, the whole Nation (both King and people) will be restored into the quality of one naturall Body, which (as* Fortescue hath aptly observed out of Aristotle) hath a set forme of duty and affection constituted betwixt the Head and Members; And as touching this works expediencie toward re-uniting divided Englishmen, it is evident, for if the common honour and happinesse of the Nation be the scope of their designes, they have no other high way to their end but this; also it may be learnt from the common practice of distracted States, whose usuall remedy is the assaulting of a common Enemy, of which sort are these Abuses, being a forreigne usurpation that hath a more generall, hostile, and mischievous malignity against our Nation, in it, then any other adversary we have at this day, save that it wants strength and formidablenesse, for that there is no man amongst us hath any colourable cause to defend it; Moreover, untill this be redrest, all else that is done is but as building of Castles in the aire, that have no firme foundation, but may be blown down with the Kings arbitrary breath, as I have before proved; And if any object the troublesomnesse and difficulty of rooting out the Innovations, I answer, this that particular may be consummated at leisure, that we have taken more pains about things of lower concernment, and that the restauration of our Rights ought not to seeme unto us more laborious or difficult, then did to our enemies the introducing of the contrary.

Proposition 8.

That all English men that are active in maintaining the said Title and Innovations, are the most flagitious Traytors both to their King and Countrey that ever were.

Proofe.

IT is apparent from the premises, it being also evident that in comparison of such, Strafford in his worst appearance was a good Patriot; And as for the defaults of former times in this particular, they are not now pretendible for excuse, for that now heaven holds sorth power and opportunity far more liberally then ever heretofore or perhaps then hereafter, for asserting of Truth, and establishing Righteousnesse in this Kingdom.

FINIS.

Imprimatur Gilbert Mabbot.

Endnotes

 [*] See Daniels Hist. p. 43.

 [* ] See M. Pryns S. P. fol. 59. b.

 [* ] See M. Pryns citation last mentioned.

 [* ] In lib. 1. de Bello Gallice.

 [* ] The example of the extorting of Megna Charta makes nothing to the contrary, for that was done (as Daniels History testifies) by the Nobility of those times, under the notion and quality of Normans and coheires of the conquest, which quality (I suppose) our Parliament will not (if they could) assume.

 [* ] Likewise by our own Laws, obligations extorted by duresse (as is fealty to a conquest) are voydable.

 [* ] See M. Pryns Pryns citations of testimonies to this purpose, in his S. P. p. 51, 52. and my Anti-Norm. p. 25.

 [* ] See M. Pryns citation of him in his S. P. p. 38.

 

9.23. William Prynne, A Publike Declaration and Solemne Protestation of the Freemen of England and Wales (7 February, 1648)

Bibliographical Information

Full title

William Prynne, A PVBLIKE DECLARATION AND SOLEMNE Protestation OF The Free-men of England and Wales, against the illegall, Intollerable, undoing Grievance of Free-quarter.
Printed in the yeare. 1648.


Estimated date of publication

7 February, 1648.

Thomason Tracts Catalog information

TT1, p. 589; Thomason E. 426. (3.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

A Publike Declaration and Solemne Protestation of the Free-men of England and Wales, against the illegall, intollerable, undoing Grievance of Free-quarter.

WE the Knights, Esquires, Gentlemen, Free-holders, Citizens, Burgesses, and Free-men of the Realme of England and Domion of Wales, do hereby publikely declare, remonstrate and protest to the Honourable Houses of Parliament, the Army and Souldiery and all the world, that the keeping up of an overnumerous burthensome Army, since the Warres determined, and their forcible entring into our Houses, taking and eating up our provisions for horse and men, and free-quartering upon us, against our wills, to out ineffable vexation, oppression, and undoing (especially in these times of extraordinary dearth, famine, and decay of trade) is an expresse high violation of our fundamentall Lawes, Rights, Properties and Liberties, in the late just defence whereof against the King and his Malignant party, we have spent our estates, blood, and hazarded our dearest lives in the field; a direct breach of Magna Charta c. 22. and 29. (purchased with so much Noble blood of our Ancestors,) prohibited by the(a) Satutes of 3. E. 1. c. 7. 28. E. 1. c. 2. 1. E. 3. c. 7. 4. E. 3. c. 3. 5. E. 3. c. 1. 14. E. 3. c. 19. 25. E. 3. c. 1. 36. E. 3. c. 2. 6. 9. 7. R. 2. c. 8. 2. H. 4. c. 14. 20. H. 6. c. 8. 21. H. 6. c. 2. 14. 28. H. 6. c. 2. which declare and enact the taking away of our provisions and goods of any sorts without our consents, agreeing with and paying us for them, even by Purveyours authorized by Law and Commission, to be no lesse then felony, (much more then when taken by Officers and Souldiers authorized by no Law nor Commission, under the great Seale to doe it) and contrary to the very latter of the Petition of right, 3. Carols, which declares the quartering of Souldiers and Mariners upon the Kings people against their wills in their Houses to be AGAINST THE LAWES and CUSTOMES OF THE REALME, and A GREAT GREIVANCE and VEXATION TO THE PEOPLE, and enacts, That they shall not be burthened therewith in time to come.

We likewise further remonstrate, that King Richard the second in the Parliament held at Westminster Anno 1. H. 4 number 22 was among other things impreached and &illegible; of his Crowne. for &illegible; a guard of Cheshire Souldiers and quartering them as his Court to over-awe the Lords and Commons assembled in Parliament at Westminster in the 21. yeare of his reigne, to vote what he prescribed them, and to put the power of the whole Parliament into the hands of a few Lords and Commons of his party; which(b) Souldiers did assault and beat the Kings good Subjects, and take from them their victualls against their wills, and payd therefore little or nothing at their pleasure, and not redressing the same upon complaint to their great oppression and &illegible;

That the whole House of Commons this &illegible; Parliament in their(c) Remonstrance of the State of the Kingdome December 15. 1641. (published by their speciall Order) declared. That the charging of the Kingdome with &illegible; Souldiers heretofore, (complained of in the Petition of Right) and the concomitant designe of GERMAN HORSE, that the Land might either submit with &illegible; or be enforced with rigour TO SUCH ARBITRARY CONTRIBUTIONS as should be required of them. was a product of the Jesuites, Councells OF JESUITES, Papists, corrupt. &illegible; Courtiers and Counsellors, to &illegible; the Subjects and &illegible; them of their just Liberties. And that both Houses of Parliament and the King himselfe upon the House of Commons impeachment,(d) &illegible; condemned and &illegible; &illegible; late Earle of &illegible; Lord Deputy of Ireland &illegible; &illegible; Treason, by a speciall &illegible; this Parliament, for quartering and &illegible; souldiers upon the Kings Subjects in Ireland, and levying forces and moneys on them by Officers, and Souldiers of the Army against Law, by billeting on them till they were payd, (declared to be a levying of Warre against the King and his people, and so High Treason within the Statute of 25. E, 3. for which he lost his head on Tower Hill) contrary to the Statute of 18. H, 6. made in Ireland, ch. 3. which enacts; That, no Lord, or ANY OTHER of what condition he be, shall bring or lead Hoblers, &illegible; or borded men, nor any other people nor horses to lie on horse back or on foot upon the Kings Subjects without their good wills and consents: but upon their owne costs, and without hurt doing to the Commons of the Country; And if any so doe, HE SHALL BE ADJUDGED A TRAYTOR. And the Statute of &illegible; in 3. E. 2. c. 1. 2. which enacts and declares it to be &illegible; felony and open Robery for any Kerne, to live idle on the tenants, farmers and poore people of the Country, or to take any prises, lodging or sojourning from them against the consent of the owners, or paying and &illegible; with them for the same.

We doe moreover further declare, that by the very(e) Statute and Common Law of the Land, every mans house is and ought to be his Castle which he his servant and friends may lawfully defend against all who shall forcibly, and illegally &illegible; to enter it against his will; and justify the killing of any who shall violently assault the same or enter it &illegible; against &illegible; consent, which to doe is Burglary, and a capitall Offence, &illegible; that every Subject, may by the Common Law defend his goods with force and armes against any who shall illegally offer &illegible; &illegible; away, against his consent, and not paying for them &illegible; &illegible; direct robbery and felony for which the party a &illegible; them ought &illegible; suffer &illegible; and that the &illegible; and his for &illegible; may &illegible; justify the &illegible; and killing of such &illegible; to &illegible; of their goods; and may assemble his Neighbours and friends to defend his house and &illegible; against &illegible; &illegible;

Which and &illegible; Rights and Priviledges of ours, both Houses of Parliament, in above thirty Remonstrances, and by their Solemne League and Covenant, have promised and are daily engaged, under paine of breach of Faith, Honour, Trust, Oath, and the Highest disreputation, inviolably to maintaine.

Yet notwithstanding all the premises, the Generall and Officers of the Army have ever since the votes of both Houses for the Armies disbanding in Aprill and May last, not only doubly recruited their forces farre above their first establishment when the King had two Armies in the field, and many strong Garrisons, without the Houses Order or privity, but quartered them upon us in our houses against our wills, and the Lawes and Statutes aforesaid, to the utter undoing of many thousands of us, not paying us one farthing for their quarters out of the many months pay they have since received; but insteed thereof have levyed treble their pay upon us, under colour of freequartering and compositions for it, the horse enforcing us to pay them 14. 16. and 20. shillings a weeke, and the foote, 6. 7. 8. 10. 12. and sometimes 14. shillings a man towards their quarters, and yet take quarters upon us and others, and sending fresh quarterers on us as soon as the former are removed: which we here &illegible; and declare to be direct Burglary and Felony in them, and no lesse then Treason in their chiefe Officers, and a levying of Warre upon us by this present Parliaments resolution in the Earle of &illegible; case: for which we must now crave reparations and justice against them, and satisfaction for all the quarters thus forcibly taken on us; being resolved to pay no more Taxes towards the Army, till &illegible; our quarters, and the mony raysed and extorted from us for compensation of it, he fully satisfied.

And seeing divers Officers and Souldiers of the Army, notwithstanding the late Ordinances of both Houses against Free-quarter, and their and the Generalls and Officers engagements published in print, that upon our paying in of six moneths Contribution towards the Army upon the sixty thousand pounds tax, (principally intended for Ireland, but now wholly Monopolized by the Army) no Officer nor Souldier should after the 15. of January take free-quarter upon us under paine of death, against our wills, which notwithstanding they doe in many Counties, which have payd in their six moneths Contribution, refusing to obey the Parliaments Orders, and protesting they will take Free-quarter notwithstanding, and forcibly breake into our houses, and take away our provisions with more insolency then before: Wee doe here publikely remonstrate, and protest against this dishonorable breach of faith and promise, and this intollerable oppression, and cheating of us to our faces; and demand open and speedy justice and reparations for the same, from the Houses and Generall; and doe require and enjoyne all our Knights Citizens, and Burgesses (who are our Substitutes, and derive(f) all their authority and Commission from us, whom we have authorized only to maintaine our just Rights, Liberties and Properties, not to invade or betray them) as they will answer the contrary at their perills to the Kingdome, and the respective Counties, Cities and Burroughs, for which they serve, to right themselves and us; and make good the Houses and their own promises to us herein; otherwise we are resolved never to trust, nor believe them more, and to disclame them for our Trustees or Representatives in Parliament for the future, for breaking of their trusts, and disobeying our Instructions. And because the quartering of Souldiers in our Houses against our wills, against the Houses and Generalls engagements, is such an intolerable Grievance and Vexation, as utterly deprives us of the freedome comfort, and command of our own houses, wives, children, servants, beds, stables, bread, beere, provisions for horse and men, which are all exposed to the arbitrary commands of every &illegible; dominiering, deboist and insolent Souldier and Officer, who command all we have, and may cut our throats at pleasure every houre in our own houses, where we cannot sleep nor remain secure, & now renders our condition worse then any Turkie-Gally-slave, undoing and enslaving us at once, even to those who were once our servants, and now become our Lords and Tyrants over us, who doe nothing but pick quarrels with us, and will be content with no ordinary provisions, purposely to extort compositions from us in money, above double and troble their pay: whereby they grow, rich, and the whole Kingdome poore, even to extremity, all trading being now utterly gone and decayed by reason of Free-quarter and excessive &illegible; daily multiplyed, which ingnosteth all the Treasure of the Kingdome, whereby trade should be supported and the poore employed; who are now upon the point of starving, and are ready to rise up and mutiny in City and Country for want of bread and employment; whiles many thousands of strong lusty boyes, &illegible; Souldiers and their horses (whose labours might much enrich the Common-wealth) lye idlely like so many drones and Caterpillers upon us, taking both pay & free-quarter too for doing nothing, but eating, drinking, swearing, whoring, stealing, robbing, and undoing us, and the Realme too: We doe here publikely Protest and declare, against allowing any more free-quarter to any Officers or Souldiers on us for the future as such an intollerable and undoing Grievance, as we neither can nor will any longer undergoe; and that if any of them shall hereafter, against our wills, forcibly enter our houses, or take away or devoure our provisions and goods (as they have injuriously and feloniously done for many moneths last past) wee are unanimously resolved to proceed against them for it, as Burglairs, Theeves and Felons, and to defend our houses and goods, against them with force and armes, with the hazard of our lives; resolving rather to die Free-men, then live any longer Slaves, especially to those who have been our mercenary servants, and pretend they have hitherto sought and continued in armes together by their own authority, almost a full year against both houses Votes for their disbanding, of purpose (as they pretended in their printed Declarations, though we find it otherwise) to make us absolute Free-men; Whereas we feele and discerne by wofull experience, that their designe is quite &illegible; even to make us, the King, Kingdome and Parliament no other then conquered slaves, as many of them stick not to terme us to our faces, who dare not be any longer accessories and contributors to our owne and the Kingdomes imminent ruine, bondage and captivity in the least degree against our right and Covenant, and will no longer sit still, like so many tame silent fooles, and conquered slaves, whiles they put new yoakes of bondage on our necks, and fetters on our feet, to inthrall us to a more intollerable Arbitrary Power and Tyrannie, then ever the King or his Cavalliers intended in England, or Strafford himselfe in Ireland; and rule us only by the Sword and Martiall Law; And our very Knights, Citizens and Burgesses, representing us in Parliament, whom they impeach, suspend, expell the House, and over-awe by their power, new Guards and Garrisons put upon them, and the Lords House too, at pleasure, so as they neither can, nor dare to doe us that right, ease and reliese against the Souldiery, as otherwise they would, and are bound to doe, being enforced daily to passe new Ordinances of Indempnity from them, even for their very felonies, burglaries, plunders and murthers too, for which they must not be questioned, which encourageth them now to commit the like offences with greater boldnesse then ever, in hopes of the like indempnity for the future, as they have forcibly obtained for what is past.

Our(g) Historians record, that in the Reigne of King Egelred the Danish Souldiers exercised such pride and abusive oppressions over the people in England, on whom they quartered, that they caused Husband-men to doe all their vile labour, and the Danes held their wives in the meane time at pleasure, with daughter and servant: And when the Husband-man came home he should scarsly have of his owne as his servants had so as the Dane had all at his commandement, and did eat and drinke his fill of the best, when the owner had scant his fill of the worst. And besides this, the common people were so of them oppressed, that for feare and dread they called them (in every such house as they had will of and quartered in) LORD DANE, which so vexed and discontented the people, that by secret Commission, from the King directed to all the good Towns, Buraoughs and Cities of the Land, they were on St. Brice day, at a certaine houre assigned, all suddenly assaulted, and slaine by the people, every mothers sonne of them throughout all England: this slaughter of theirs beginning in Hertfordshire, at a little towne called Welden, for the which deed it took the first name, because the Weale of that County (as it was then thought) was there first won. And the Sicilians did the like to the Dominiering French forces, who oppressed them with their insolencies and free-quarter, cutting all their throats in one evening, and so freeing their Countrey from captivitie.

Truly our condition now under the Lording Army and Souldiery hath been and yet is altogether as bad, if not worse in many places, then our Predecessors was under their free-quartering Lord Danes, or the Sicilians under the French forces: and we heartily wish it may not now produce the like Tragicall and bloudy effects, which pure necessity will enforce the Malignant and poorer sort now ready to starve, and the very best friends to the Parliament unto, for their own selfe preservation and defence, as we may justly feare, if not timely prevented by the Houses and Generalls strict care and discipline, in making good their Engagements to us, wherein they have hitherto failed, and speedily reduce the Army to such a small proportion of five or six thousand only, as they may well pay and master; and quarter in Innes and Alehouses without any pressure to us. Being peremptorily resolved in their defaults, by Gods assisting power to right and ease our selves of them, and all other oppressing Grievances, by the best and most expeditions meanes wee may, to preserve our selves, our Posterities, Kingdome and neglected Ireland, (whose supplies are wholly frustrated and engrossed by our idle super-numerary, and super-necessary Army and Souldiers) from utter vassalage and ruine. And therefore we doe hereby earnestly desire and admonish all Officers and Souldiers at their utmost perill, from henceforth after this our publike Remonstrance, to take no more free-quarter, nor force any more moneys from us, against our wills; but carefully to follow Iohn Baptist’s Lesson to them (a burning and shining Light) Luk. 2. 14. And the SOVLDIERS likewise came to John, saying; And what shall we doe? And he said unto them: Doe violence to no man; neither accuse any man falsely, and be content with your wages; Lest they so farre discontent and enrage us so farre, as to fall a quartering of them in good earnest, which we heartily desire (if possible) to prevent by this timely admonition, and notice of our unalterable, just and necessary resolutions, from which neither feare nor flattery, nor intreaties shall remove us.

And shall likewise humbly importune the Honourable Houses of Parliament to order and declare according to the Tenor of the Petition of Right that all Officers and Souldiers whatsoever shall be liable to the Jurisdiction, Arrests, Warrants and power of High Sheriffs, Justices of Peace, Mayors, Bayliffs, Constables, Tything-men, and other publike Officers of Justice, for Felonies, Breaches of Peace, and other misdemeanours punishable by the Lawes and Statutes of the Realme, as farre-forth as any other Subjects are and bee; and that all those may be particularly enjoyned to discharge their duties herein; and all Officers of the Army ordered to be ayding and assisting to them therein under paine of Fellonie and being casheered; without which wee shall enjoy neither security nor peace in Country or City, no nor in our owne beds and Houses.

FINIS.

 

9.24. John Lilburne, A Whip for the present House of Lords (27 February, 1648)

Bibliographical Information

Full title

John Lilburne, A Whip for the present House of Lords, OR The Levellers Levelled. In an Epistle writ to Mr. Frost, Secretary to the Committee of State, that sits at Darby House, in answer to a lying book said to be his called a declaratio, &c. By L.C. Io. Lilburne, Prerogative Prisoner in the Tower of London, Feb. 27. 1647.
Into which is inserted his speech against the House of Lords Legislative and Iudicative power, made at the barre of the House of Commons, the 19. of Ianuary, 1647. In which is punctually proved, both by reason, and the Parliaments own Declarations, that though the present House of Lords, (de facto) exercise a law making, and a law iudging power, yet (de jure) they have no right to either, being meer prerogative Usurpers, and that the House of Lords, exercising their pretended Legislative power, is destructive to the Libertie and Freedomes of England, it alone having been the chiefe cause of all the late warrs and blood shed in England, for which as the Bishops were, they deserve to be puld up by the Roots. In which is also a lash for L. G. Cromwell and Mr. Masterson, the lying Shepheard of Shoreditch neere London.


Estimated date of publication

27 February, 1648.

Thomason Tracts Catalog information

TT1, p. 596; Thomason E. 431. (1.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Mr. Frost.

I Took occasion the 14. of this present to write a few lines unto you, which before I can goe any further, I am necessitated here to insert.

Mr. Frost.

I Have looked upon you formerly as an honest English man (thoughfull of scares, and a spirit possessed with two much compliance with unrighteousnesse.) But a book comming this day to my hands, called A Declaration of some proceedings of Lievt. Col. Iohn Lilburne, published by authority, but yet without an Authors name to own it, (makes me a little in my though it to stagger) for open reading of a few pages of it, in my own thoughts, I iudged the took to be of Mr. Nathaniell Fines his penning, or of your own, and as I was musiag who should be the Author of it, I had word brought me from Westminster, that possitively it was yours. But being desirous, (if possible I can,) to know certainly whether it be yours or no, (before I direct my lines, in answer to it, to you.) For I cannot but acquaint you, that by Gods assistance, I do intend to answer it to the purpose, and therefore cannot but intreat you to prevent me from wronging of you, and that if my information doe deceive me, I intreat you by this bearer to send me two lines under your hand, that it is not yours, for without such a disavowing, I shall take you (as in it you say the Lords took me, proconfesso) and make in due time further addresses to Mr. Walter Frost, from his friend John Lilburne.

But Mr. Frost, having not to this houre received one word of answer, or one line from you, either to own or disavow the foresaid malicious, fallacious, and lying book, &illegible; &illegible; therefore in good earnest take it to be yours (though in the first reading of the 10. pag, one &illegible; take it to be compiled by the House of Lords themselves) and accordingly shall direct my present lines to you as he author of although though it may be supposed, you had more fingers in it then your owne.

And at present, I shall only principally meddle with that part of it that concernes the House of Lords, but of neceissitie, I must sum up the substance of your discourse that antesedes that, and if I mistake you not, the &illegible; of your penis to vernish over the reputation of the present swaying tyrants, the Grandes in the Army, and their confederates in the two Houses, and to be spatter and levell with the ground upon which they tread, all these that they or you conceive may stand in their way, in keeping them from attaining to the full possession of their ultimate or finall desires, viz. to set up themselves in the full throne of the exercising of an unlimitted, unquestionable, arbitrary, and tyrannicall power and domination over the lives, liberties, and proprieties of the free men of England: Which I will maintaine it, they have already, de facto, levelled with the corrupt rule of then own factions, and arbitrary wills, and have already &illegible; the businesse; that no man in England can justly or rationally say, that his life liberty, or estate that he possesseth is his own, or that it is possible to inioy it any longer, then daring their tyrannicall wills and pleasures, which already it become the sole and only present safe rule to walk by in England.

You spend your 1, 2, and 3. pages, with laying a good round load upon the King, and the mischievousnesse of his evill government.

And then in the last end of your third pag, and in your 4, 5, 6. pages you infinuate, that there are a generation of men, under specious pretences, that have not been professedly of the Kings party that yet drive on his designs. And in the beginning of your 5. pag. you intimate, that the Levellers perfectly play the Kings game. And truly I must tell you, I doe absolutely beleeve you. and tell you, that you and your tyrannical Lords, and masters, Cromwel and Jreton, and the rest or their confederate, Grandees of the Armie, and in both Houses (the name, of the principallest of which you may read in the 57, 67. pages of my late book, called the peoples prerogative, and previledges vindicated, &c.) are the true and perfect Levellers that are in being in the Land of England, having already filled up all the ditches, and &illegible; down all the hedges that should be as &illegible; to preserve our lives, liberties, and proprietus, and have already de facto, levelled, them, and all our just lawes to their tyrannicall wills, which I have punctually and &illegible; &illegible; &illegible; my &illegible; &illegible; book, as you may read in the last pag. of the &illegible; and in the 40. 41. pages of the book itself, to the last end, but read especially the last halfe sheet, and argumentall answer it, which I challenge from you, or any other of the Grandees &illegible;.

But in the third place, in the conclusion of your 5. pag. you declare, who the Levellers are, viz. the promoters of the dividing distructive Agreement of the people.

Truly Sir, I now know who you &illegible; by the Levellers, and that is a company of honest men, that both in the Bishops time laboured against, and opposed tyranny in all they meet with it in, to the apparent hazzard of their lives, and at the beginning of this Parliament and ever since, hath done the very self same thing, and I will maintain it by particular: upon my life, have been to the utmost of their powers, constantly and continually, (yee in the Parliaments greatest strait,) the truest friends to the universall, common and true interest of England, and the iust interest of Parliament, that the kingdome of England hath afforded, and never changed their principles to this day, and have been the truest and constantest asserters of liberty and propriety (which are quite opposite to communitie and Levelling) that have been in the whole land besides. And I challenge you (in their behalfe) and all your co-partners in England, to instance, or lay unto their charge) any the least particulars acted, &illegible; said, or done by the body of them, or those that you count the ring leaders of them, that in the eyes of any rationall men in the world, doth in the least tend to the destruction of liberty and proprietie, or to the setting up of Levelling by universall Communitie, or any thing really and truly like it.

Blasse poore men, their great and reall crime is this: and nothing else, that they will not be ride and it slaved by your masters, Cromwell and Ireton, and their confederates in the Houses, viz. Earle of Northumber and Earle of Solisbury, Lord Say Lord Wharton, Mr. Lenthall Speaker, the two Sir Henry Vane Sir Arthor &illegible; Sir Iohn Eveling Innior, Mr. &illegible; Col. &illegible; Fines, covertous and ambitions Solicitor S. Iohn, Commissary Gen. Staines, &illegible; Master Generall Watson & Col. Rich, the greatest part of which, put altogether, hath not so much true &illegible; in them, as will half fill a Sempsters Thimble, nor so much honestie &illegible; will ever make them fit for any thing but Tyrants. And indeed and good earnest, Mr. Frost, if divers of the forementioned honest men, which you call Levellers, would have been soft wax, wether cocks, Creatures, every thing and nothing, but to serve great mens ends: I am very confident of it, they should not have had your pen so deeply dept in gall and vinegar against them, as in that most desperate, malicious, lying book it is, (&illegible; in doing what there you doe, you doe really without a maske or vizard, shew your self what you are, viz. a &illegible; more fit for the Great Turke, then for a Committee of that Parliament, that in the yeares, 1640. and 1641. did so many iust, gallant, and excellent things,) not have incurred so much bloody hatred, and destroying indignation from your last forementioned Grandees, Lords, and Masters, as they have done, but I am confident of it, some of them might easily at this day have been in as great repute, esteemation, and place, as your self, having as much brains and parts, (and a little more resolution) as your self.

But &illegible; ille lacrime, heers their sorrow, heers their treason, been their rebellion, faction, sedition, stirring up, and dividing the people, and here is their Amarchicall Levelling, (as you call it) that they will indure tyranny, oppression and injustice no more in apostatised Cromwell and Ireton, and their forementioned confederates, then in Mr. Hollis, Sir Pillip &illegible; &c. nor then in the Earle of Essex. Earle of Manchester, &c. not in the King and his &illegible;, nor in the Councell Board, Star Chamber, High Commission, &c. but desire that all alike may be Levelled to, and bound by the Law: and so farre I ingeniously confesse I am with them a Leveller, and this Mr. Frost without any vernishing or colution, is their only and alone crime in the blood-shot eyes of you and your new Lords and Masters.

And besides, if in the phrases of men I may speake to you, the forementioned honest men, and their principles, have been the Creators to set up Cromwell, his preservers to support him in his straits, which have not been a few, his Sanctifiers, by their praises and fightings, to sanctifie him, and to make him amiable and lovely in the peoples eyes, &illegible; Redeemers, to redeem him from destruction, by Hollis and Stapleton, &c. even at that time, when I am confident he gave himself up in a manner, for alost and undone man, and to requite them for all their faithfullnesse to him, and hazzards for him, he hath visibly and apparently made it his study and worke, to crush and &illegible; them to pieces like a cuber of Glosses, with such violence as though he designed and intended they should never be glude or &illegible; together any more: O monstrous, unnaturall, ignoble and horrible ingratitude, and yet even this in its hight, hath been acted and done by him unto them, as is undeniably demonstrated, in that notable book called Putney projects; and an other book called the Grand designe, and a book in answer to his lying champion Mr. Masterson, called A lash for a Lyar. And therefore from all that hath been said, I againe christen your forementioned tribe, the true and reall Levellers, and those that you nick name Levellers, the supporters and defenders of liberty and propriety, or Anti Grandees, Anti Jmposters, Anti-Monopolists, Anti-Apostates, Anti-Arbitrarians, and Anti-Levellers.

And further in your sixe pag. you say, that the foresaid (honest) men are grown to that hight, both by making combinations, printing and dispearsing all manner of false and scandalous Pamphlets, and papers against the Parliament, to debauch the rest of the people, gathering moneys, and making treasures and representees of themselves, that the Parliament can no longer suffer them in these seditious wayes without deserting their trust in preserving the peace of the Kingdome, and the freedome and propriety of peaceable men. For printing and dispearling all manner of false an I scandalous Pamphlets, I retort that upon you, and the rest of the &illegible; pentioners of your Grandees lying Did nells and Pamphlets being one of the chiefe meants to support their rotten reputation, and new attaind unto soveraignty, but I am sure you and they, have almost locke up the presses as close at the Great Turki in Turkey doth, Tyrants very wel knowing, nothing is so likely to destroy their tyrany, & procure liberty to the people, as knowledge it, which they very well known is procured by printing, and dispearsing rational discourses. But your Grandees have been very grosse in their setting up their now tyranny, for at their first rising at one blow, and with one ordinance, they lock up the presse clooser then ever the Bishops did in all their tiranny or then Mr. Hallis and his faction (&illegible; whom for tyranny and injustice (your Grandees in their declaration) so much crid out upon) did all those yeares they bore the sway.

And J am sure it was the maxim of the chiefe of your Grandees, the beginning of this Parliament, that alwayes in time of Parliament, [it being a time of liberty and freedome] the printing presse should &illegible; open and free, and J am sure this was their answer to the Bishops the begining of this Parliament, when they solicited the House of Commons to stop the presses; and for my particular I shall give you my consent to an Ordenance or law, to make is death for any to print or publish any book unlesse the auther, to the printer or bookseller, enter into some ingagement, to maintaine with his life the truth of his book provided the Presses may be free for all that will so doe.

And as for gathering money to promote popular Petitions, and all the rest of your charges upon them they may easily iustifie them out of the Parliaments own premitive declarations: and for a little tast of the &illegible; of it, I desire you to read the first part book of Decl. pag. 44. 95. 150. 201. 202. 207, 209. 381. &illegible; 509. 532, 533. 548. 557. 637, 690. 720. And for the Parliaments lentie or gentlenesse which you talke of, I for my part crave none at their hands, but for any thing that any particular man, or any faction of men amongst them hath to say to me, the same defiance I bid to Lievt. Gen. Cromwell in the 57, 58 pages of my last published book, I bid to them.

And as for their disserting their trust, if they doe not punish us, I answer, the generallity of &illegible; hath &illegible; it so often, that they have now forgot to be sensible of the dishonour of doing it againe, and I doe not think that ever any generation of men breathed in the world, that ever disserted their &illegible; more then they have done, or else they would never have given so many 10000. l. amongst themselves.

But in the same sixt pag. you goe on and name me to be the chiefe of all those men, that have under &illegible; &illegible; &illegible; &illegible; the Kings ends and designes. And in the 7. pag. you carrectarise me to be a man known to the world, by those Heaps of Scandalous books and papers that I have either written or &illegible; against the House of Peers, and such as have done him greatest courtesies, filled with &illegible;, bitternesse, and ingratitude, whereby he hath distinguished himself (say you) from a man walking after the rules of &illegible; and the iust department of a Christian, and also in the same 7. pag. to make me as odious for an Apostate, as your grand master Lievt. Gen. Cromwell too justly deserves to be: you brand me to be a &illegible;, for you say that some that know me have well observed, that I brought not the same affections from Oxford, that J was carried theater prisoner withall.

To the last of which I answer first, and challenge thee Frost, and all thy associats in England, groundedly & perticularly to instance the least particular, for this 11. years together, when I have in the least &illegible; from my declared principles, though I have had as many thundring shakings, pearceing trials, as I do confidently believe would have shaken the very foundation, of the tallest & stourest cedars among your grandees, & I am confident in Oxford, I behaved my self with more resolution in my imprisonment there, then all the Gentlemen prisoners, that there were officers did, and run more hazards, and underwent more tormenting cruelties, then any of them, and maintained openly and publickly more discourses with the Kings party, to justifie the Parliaments authority, and the justice of their proceedings, insomuch that it was grown to common saying, with the Mashal and his officers when they had got a far and timerous Prisoner, of whom they intended to make a prey of, keeps him out of the Castle from Lilburne, for if he come to discourse with him, he will seduce him from all his allegience, from taking the Kings Covenant, or for saking the Parliaments principles, and when the King by foure Lords complemented with me, and profered me no small things, I deliberately and resolvedly, bid them &illegible; the King from me, I scorned his pardon, and maintained the Parliaments proceedings with them, by dint of argument, and reason for above an houre together, and told them I would part with my heart blood, before I would &illegible; from my present engagement or principals, and when I was arraigned for high reason treason, I told the Iudge in the open Guildhall at Oxford when he prest me to save my self: that I was seduced by no flesh alive to take up armes against the King, and his party to defend my liberties, and that &illegible; my sword to my thigh in judgement and conscience to fight for my liberties, with a resolution to spend the last drop of the blood in my vains therfore; and pressed the Iudge to goe &illegible; with his tyast, telling him a scorned to beg or crave longer time at his hand, protesting unto him, that I was as ready and willing that day to loose my life by a halter, as ever J was by a sword or a bullet &illegible; I feared not death in the least, having by the assistance of God for above seaven yeares before, always carried my life in my hand, ready every moment to lay it downe, and besides my purse and paines to &illegible; and helpe the poore sick starving prisoners, was as free and as ready as any mans in the House, and &illegible; doe verily believe in the two last particulars, I was as serviceable to the Prisoners as the richest in the house; and some of them had about 1000. l. land per annum, and I had never a farthing per annum; nay I defie a or any of the Prisoners that ever were there face to face, to lay to my charge the least &illegible; of fraging or denying my principles, from the first day of my going in to the last houre of by staying there.

And I am sure when I came home, I was not a litle praysed, and made much of by those that are &illegible; my professed adversarie, and profered the choise of divers places, all of which I absolutly refused and expresly told my wise, when I was pressed by her to stay at home, that J sconrd to be so base, as to fit down in a whole thin, to make my selfe rich, while the liberties and freedomes of the Kingdome was in danger by the sword to be destroyed, and rather then I would take a place at present of &illegible; l. per annum, to lay down my sword; I would fight for a groat a day; and my zeale carried me to &illegible; and Cromwell (after upon my enlargement, I had severall wayes, been more really obliged by the Earle of Essex, then ever I was before or since, by all the great men of England, put them all in one) chusing them meerly for their honesty, I then judged then to be in them; and there I fought and behaved my self in all my engagements like a man of resolutions till I had spent some hundreds of pounds of my owne money, and lost all my principles of fighting, by reason of Manchesters visible & &illegible; treachery, which went unpunished after he had apparently bought, Sold, & betrayed us al to the King, being impeached as a Traytor therefore by Cromwell himselfe, and for prosecuting of him. &c. or his treasons, al my present miseries and sufferings are come upon me, and your Idol Cromwel who set &illegible; a worke is now joyned hand in hand with him, like a base &illegible; by fellow to destroy me therefore, and because I will not turne a wethercock, an Apostate, and an &illegible; to the liberties of England, as he hath done.

But it is very strange that you in your book should Carracterise me for a Cavilere, when but the other day the Grandees (that I beleive now set you at worke) at the head quarter indeavoured to destroy me for secretly designing, basly and unworthily (as they said) to have murdered the King, and upon that very pretence, got him into their Moustrap in the Jsle of weight, but Cromwells basnesse with Paul Hobsons and their third confederate about that very particular, I shall have a fit oportunity in the second part hereof to &illegible; and thus when one thing will not serve your and their turne to murther me, by robbing me of my reputation (after your Grandees have cast me into prison, of purpose to starve me, for they keep above 1000. l. of my own from me, and allow me nothing to live upon out the stone walls) you and the rest of the Grandees, many hundred mercionary pentionary &illegible; In City and Country, take up any thing that you thinke will undoe me, and with your and their notorious lyes and falshoods labour nothing more then to rob me of my reputation and credit, knowing right well, that if you could doe that, I must of necessitie &illegible; and therefore you and they make it your worke with your groundlesse reproaches, to bespatter me, and make me as black as a chimny sweeper, &illegible; render me as a man not fit to live in civell or morrall society, and yet to my free dare not bid the tryall of particulars, but shan and abher all such honest and just dealing as that, though to Cromwell &c. I have often proferred to come face to face, to the Test of all differences betwixt us, yea to make his Generall Umpire betwixt us, as you may read in my printed epistles to him, &c. which he never &illegible; imbrace, but avoid and shun, yea if you please to speak with Mr. Hugh Peters, he will tell you that the last weeke againe and againe, I made the same proffers in effect to him, and &illegible; him to tell both the Generall, Cromwell and Ireson of it, and I say their long and continuall refusing, fairly face to face, to have the differences betwixt us debated, before friends or enemies, is a cleare demonstration, that they have guiltie consciences within them, and that nothing will satisfie their tyrannicall mallice, but my dearest blood, and the totall destraction of my wife and little Children, for upon Cromwell and &illegible; principally I say all my present sorrows, miseries, and cruell sufferings, out of which I had long since been delivered, had it not been for them.

But Mr. Frost, I would faine know of you, wherein the Parliament hath been mindfull (as you &illegible; your 7. pag. say they have been) of my sufferings and services, any otherwise then to require me &illegible; for good, and to seek my destruction by making orders to arraign me, and tossing and tumbling &illegible; from one Gaole to another, to starve and murther me. And for those severall summes of money (&illegible; say) they have given me, truly I doe not remember them, and would have you to came them if you can. And as for the report from the Committee of accompts, that you hit me in the teeth with, I &illegible; you to my answer to star large, in the last end of my book called, the Resolved mans resolution, pag. 31, 32, 33, 34, 35, 36. And so I come to your maine charge laid upon me, which as I find it in your 8, 9, 10, 11. pages amounts to thus much, that my contemptuous carriage and language, to the &illegible; and authority of the House of Lords, with so little losse (or punishment) unto my selfe, was a &illegible; aragement to that generall assault and force upon both Houses, upon the 26. of &illegible; last, by &illegible; rabble of Reformadoes, and of the Aprentices, set on and encouraged, by the known &illegible; then &illegible; party of the City. This carriage of his (say you) might seem sufficient to discover the man, and being &illegible; might warne every well tempored and peaceable disposition, to take beed of ingaging in day designe, &illegible; way be the conception of such a spirit, the birth whereof can portend nothing but destraction &illegible; confusion.

I thank you kindly Mr. Frost; for your badge, but I doubt not but in handling of this particular, I shall &illegible; your coat soundly: and not yours alone, but also the House of Lords, and make it &illegible; evident, as the Sun when it shines, that reason, law, truth, and justice, is clearely on my side, and all and every of these against the Lords, in the present contest betwixt us, and if so, then by the truth &illegible; your last fore recited calumniations, I desire all rationall Englishmen may iudge of the truth of all the rest.

And therefore Sir, if you please to read my book, called the Free mans freedome vindicated, you shall there find a true relation under my own hand, of the ground and reason of my conrest with the Lords, and that in my first appearing before them, I gave them more honour and respect then by law &illegible; their due, in that I obeyed their warrant, and appeared at their barre, which was more then by law &illegible; was bound to doe, and at my first appearing before them, I put of my hat to them, and demeaned my self with all respect before them, and modestly and smoothly delivered in my plea against their iurisdiction over me, and appealed therein to be House of Commons for protection, against their &illegible; for which they committed me, upon which commitment, I sent my &illegible; appeale to the House of Commons, whereupon the Lords sent for &illegible; againe, and I refused to goe, and forced the Keepers of Newgate to break my wall upon me, (which they easily did, because J wanted weapons to hinder them) and by force and violence to compell me to goe, and when I came before the Lords, I put of my hat, but did refuse to kneele (and would sooner be hanged then to have done it, neither was I bound therunto in the least by law) for which they committed me close prisoner to Newgate, without accesse of friends, wife or children, or the use &illegible; and inke, and about three weeks after, sent a warrant to the Sheriffe of London, with a guard to force me up the third time, and when I came there, I made them force me into the house, and its true, I then marched in with my hat on, in contempt and disdain of their usurpations, when I see no reason would satisfie them & I did again refuse to kneel, & stopt my cares, and refused to heare their &illegible; or papers read to me, and in this I did not in the least misbehave my self, neither did my carriage cast any legall contempt upon them, for it was their own did it, in that they medled with that they have no iurisdiction of, and therefore my carriage was abundantly more iustifiable then theirs, in that J plaid the part of a faithfull Englishman, in maintaining and iustifying my liberties and freedomes, and sticking close to the law of the land, and they the parts of usurping tyrants, and destroyers of law and liberty.

For though by law I grant the House of Lords to be a Court of justice, and to have cognizence &illegible; delayes of iustice yet in my case (as I said in my grand plea before Mr Maynard of the House of Commons, page 13. so I say still) their Court was no Court to me, having not the least jurisdiction in the world by law of the cause, and therefore my affronting, contemning, abusive carriage towards them as you are pleased to call it) was no violation of the Law, and therefore not punishable, in regard they &illegible; with that they had no power by law to medle with, for if a Court of Sessions question me for my &illegible; and I refuse to answer them, and give them contemptions words for medling with that, which &illegible; law they have no iurisdiction of, they may by law, bind me to my good behaviour, but cannot &illegible; &illegible; person me, much &illegible; disfranchise me of all the priviledges of an Englishman, as the Lords have most &illegible; done to me, (as appeares by their sentence printed in that notable book called Voz plebis) the &illegible; me holds good in the Court of common Pleas, who if they goe about to hold Plea of murder before &illegible; if the party refuse to answer, it is no contempt of the Court, because by Law they have no iurisdiction &illegible; such cases; and pertinent to this purpose is Baggs case in the 11. part Cockes reports, who being &illegible; before the Mayor of Plimath, in open Court called him cousening &illegible; and said unto him come &illegible; my arse &c. for which the Maior disfranchised him, and it was by law resolved that the disfranchisement was illegall, because it was not according to law, for the Mayor in law had no power to &illegible; it, and at most could have only bound him to his good behaviour, the same holds good with the &illegible; in reference to me, &illegible; that they have no jurisdiction over me in the case in controversie (nor over &illegible; Commoner of England in criminall cases) I have undeniably proved in my Plea, before Mr. &illegible; of the house of Commons) of the 6. of November 1646. now in print, and called an Anatomy of &illegible; Lords Tyranny, and in my Grand Plea, before Mr. Maynard of the 20. October 1647. And in &illegible; &illegible; large petition delivered to the House of Commons the 23. Sept. 1646. and printed in the &illegible; 72. 73. 74. 75. 76. 77. pages of Regill Tyranny, and the 65. 66. &c. pages of my own book called &illegible; liberty in Chains and in the 20. 21. &c. pages of my book called the Out-cry of oppressed commons, but a colourable Answer to the Arguments therein contained I could, yet never see, &illegible; I have extraordinarily longed to see what rationally and legally could be said in Answer &illegible; them.

&illegible; that I have never declined a fair ishew of my controversie with Lords the, before my competent &illegible; the house of Commons that I have appealled to, clearly appeares by my constant uninterupted &illegible; of them, to heare it, & finally adiudge it, and this also fully appears, by my Additional plea, &illegible; to Mr. Maynard the 30. Oct. 1647. and printed at the last end of the second edition of my grand &illegible; where I wholly put my self upon the finall iudgement of the house of Commons, though sufficiently corrupted.

But that I may fully make it evident to all the world, that J have offered the Lords all the faire play &illegible; the earth, to come to a small issue with them; J shall here insert my proposition of the 2, October 1647. the originall Coppy of which I sent to the House of Commons which was there read and debated, and after that I printed and published some thousands of them in single papers, and after that reprinted it in the 16. page of the second impression of my Grand plea, and now of late have reprinted &illegible; the third time, in the 70. page of my last book called The peoples perogative or priviledges asserted &c. &illegible; thus followeth verbatim.

The Proposition of Liev. Col. Iohn Lilburne Prerogative Prisoner &illegible; the Tower of London, made unto the Lords and Commons assembled at Westminster, and to the whole Kingdome of England October 2. 1647.

I Grant the House of Lords, according to the stattute of the 14. of Ed. 3. chap. 5,* to have in law a iurisdiction for redressing of grievances, either upon illegall delayes, or illegall iudgements given in any of the Courts &illegible; Westminster Hall, provided they have the Kings particular Commission therefore, and all other the legall punctillos contained in that Statute, which jurisdiction and no other &illegible; to me to be confirmed by the Statutes of the 27. Eliz. chap. 8. and 31. Eliz. chap. 1.

But J positively deny, that the House of Lords, by the known and declared Law of England, have any originall iurisdiction over any Commoner of England whatsoever, either for life, limb, liberty or estate; which is the only and alone thing in controversie betwixt them and me. And this position I will in a publique assembly, or before both Houses in Law &illegible; with any 40. Lawyers in England, that are practisers of the Law, and I will be content the LORDS shall chuse them every man, and if after I have said for myself what &illegible; that any three of these forty Lawyers sworn to deliver their judgements according to the known law of England, give it under their hands against me, &illegible; will give over my present contest with the Lords, and surrender my self up to the punishment and sentence of the present Lords and Commons.

Provided at this debate, J may have six or ten of my own friends present, to take in writing all that passeth thereupon. Witnesse my hand and Seale, in the presence of divers witnesses in the Tower of London, this 2. of October, 1647.

John Lilburne.

Now I oppeale to all the rationall men in England, whether any man under heaven can offer the Lords farer then here I have done, to which I now againe, to you declare, that I am willing to stand to, yea and now againe dare them to enter the list of the dispute upon that very proposition.

But seeing iust in the very nick of time, as I was writing these lines, there is brought in unto me &illegible; brandished weapon of another petty fogging Champion of the Lords, viz. William Prinn, who &illegible; his book the Levellers Levelled to the very ground, who pretends to be a Champion for the House &illegible; Lords, but hath not so much parts, abilities, courage and mettell in him, as to dare to &illegible; with either of the maine things in controversie betwixt the Lords, and those in his 2. pag. he stiles &illegible; and Leyellers.

And that is first, their right to their Legislative or law making power.

Secondly, Their right by Law to their Iudicative power over Commoners in criminall causes.

But he only answer: a meere falacie, which is none of my tenent (nor desire) to have the Lords (&illegible; Lords) to come and sit with the House of Commons, and vote as one House, the endeavouring of which &illegible; more abhorre, then to have them sit as they are; but this I acknowledge, that if they will put themselves upon the affections of the people, to be chosen for Knights of the shire, &c. [and if they be legally chosen) I thinke then they will have as good a right to sit and vote in the House of &illegible; as &illegible; that sits there, and if they would doe this, I should never be angry at the continuance of &illegible; titles of honour to their posteritie for ever, and to their enjoying their large estates as their reall proprieties, and not in the least to be taken from them, but by their own free consent, either generall or particular, provided they be subiect to the law as other men are, in paying their &illegible; &c.

But seeing the man would faine be doing the Lords some service, or else he would never have framed a fixion of his own braine, and then goe fight with it, iust &illegible; a Coward that in the dark &illegible; his sword against and upon agates post, and falls a beating and &illegible; if, and then raiseth up his coverage to a preat hight, as though it were some body indeed, because it stands still and doth out (not &illegible; is lure will not) fall againt upon him.

And truly he that contests without a reall adversarie to &illegible; him may easily be a Conquerer, and yet as &illegible; an &illegible; and Cowardes any is in the world, and therefore Mr. Frost, that you and Mr. &illegible; may have something (of new) in reallitie to lay your heads together, to &illegible; how to &illegible; that so your mettell may &illegible; indeed, I shall here &illegible; for your speciall perusall, what I delivered in my speech at the House of Commons barre (as I have already pend it) upon the 19 Ianuary, 1647. against the House Lords but in regard it was spoken about the middle of my second speech that day, I shall make a little introduction to it thus, that upon the 18. of Ianuary, 1647. I had information, that one Mr. Masterson the Priest of &illegible; &illegible; accused me, and Mr. &illegible; Wildman (who hath already published his defence, and called it Truths triumph, or Treachery anatomised) to the Parliament of plotting dangerous things against them: of which being in London informed, I went immediately to Westminster, and freely promised the Sergeant at Armes, without any warrant being served upon me, the next morning to be at the House of Commons doore, and accordingly the next morning preparing for the journey I arrived with other of my friends at Westminster, and being not long at the House doore (where was many of my friends come down from London and &illegible; to beare and see how things went) J addressed my self to the Sedeant of the House, to let him know J was there to tend upon the houses pleasure, and he immediately &illegible; out with his &illegible; and called for Mr. Masterson, the lying, milicious Judas Priest, &illegible; my self, so in we went: and also the Lievtenant of the &illegible; as my Guardian, and having given them that due respect that I conceived is due unto their iust and true authority, (though I owe little or &illegible; &illegible; the &illegible; that sate true, by reason of their abusing and most &illegible; &illegible; of their righteous authority) the things that passed, so neere as my memory to the utmost punctillo will serve me, I shall faithfully relate unto you. (rather &illegible; then detracting.) Upon our comming to the &illegible; where both my lying and false accuser and my self stood; the Speakes stept up in his Chaire, and &illegible; Mr. Masterson in the name of the House of Commons, to give them againe, a narrative of what he yesterday be declared to them.

So he very formerly begun, and spokeas freely as if he had learned his lesson without book, and truly J could not but stand amazed at the &illegible; &illegible; that he durst with so much confidence tell and &illegible; out so many lyes as he did, but giving not much regard to his accusation, to treasure it up in my memory; being resolved before &illegible; to take no &illegible; of his verball impeachment; which in law was nothing, J fixed my mind very seriously upon the Lord Ichovah, and was a wrestling with him for the incomes of his own self, that so J might speak freely and boldly in his might and power, (if it were possible) to the amazement and terror of his enemes amongst those that should heare me, divers of whom I was confident would lay in &illegible; to catch and intrap me.

And now and then (the House (in my apprehension) being very full) J cast my eye about me, to look upon the countenances of the Members, and to observe their behavours, most commonly fixing my eye stedfastly upon the Speaker in the Chaire: who as soon as he perceived Mr. Masterson had done, beckned his hand unto me, at J conceived, to have me answer the Priest, but I stood still and took no notice of his beck, at last he wished me today what I could for my selfe unto it, whereupon pausing a little alter a Congce made unto him, I openued my mouth to this effect.

Mr. Speaker, J desire in the first place to premise this; That I look upon and own this honourable House in its constitution and power, as the best, legallest, and iustest interest and authority that it established in this Kingdome: or that all the Commons of England visibly hath for the preservation of their Lives, Liberties and Estates: And I doubt not but so to speake unto you this present day, as clearely to demoustrate to you, that I am an honourer, an owner and a priser of this greatest english authority and interest, in which as a free Commoner of England J have a little share. And therefore if this honourable house &illegible; to afford me Pauls priveledge which he inioyed amongst the Heathen and Pagan Roman Governours or Magistrates, which was, to heare him speake freely for himself before they would condemne him, which liberty and priviledge J freely and largely inioyed at the hands of the Cavialeer Iudges at Oxford, when I was arraigned in &illegible; before the Lord chiefe Iustice Heath, and Sir Thomas Gardner late Recorder of London, for drawing my sword, and a &illegible; command adventuring my life, for the great interest of the Kingdome involved and singly &illegible; in this honourable house, in the destruction of which it &illegible; who before all the City and Country then assembled at Guild Hall in Oxford, gave me free liberty without the least &illegible; to say what I pleased, and to plead for my life in the best manner that all the &illegible; God had given me would enable me to doe.

And if you please to grant me &illegible; priviledge which is my naturall right, J shall speake freely, with the &illegible; and &illegible; &illegible; that; doe not speak nor answer cut of any duty or tye that lyes upon &illegible; by law, for all charges in law ought to be in writing, under the hand, or hands of him or them that &illegible; And in that forme that the Law requires, and proceeded in according to the forme of the Law of the land, expressed in the 29. chap. of the Great Charter, and those lawes which expound it, which are mentioned and nominated in the &illegible; of Right*, which this pretended verball charge is not in the least: And indeed Mr. Speaker, in law it is no charge at all, neither in the way this informer is &illegible; can I well have any remedy against him in case he abuse me, for as I understand, if he tell twenty lyes against me, I cannot punish him, but if he maliciously &illegible; one against me, I have his cares at my mercie, &c.*

And a betrayer of my libertys J should be, if I should looke upon it as any charge at all. And in that consideration returne an answer to it, and therefore againe saving &illegible; me the rights and &illegible; of an English man, which is to be tryed by no other rules or methods, for any reall or &illegible; crime whatsoever, then what is expresly declared by the known, established, and declared lawes of England, nor by, &illegible; before any other authority or magestracy, then what the Law hath authorised to be the executors of it, J say sauing as before I have expressed.

J shall due of that ingenuity of spirit, and candidnesse and integrity of heart that dwells within me, and cut of that high and honourable respect I &illegible; to the interest and just &illegible; of this House, give you if you please, a &illegible; voluntary, &illegible; and perfect relation of all the most &illegible; actions passages and speeches, that have past from me, about this Petition, since it was first begun, to our conclusion of our late meeting at &illegible;

And I shall the rather at presently aside the &illegible; of my liberty, which is not to answer to any &illegible; or confesse any thing against my selfe, till it be legally and punctually proved; because I have longed for such an oportuity as this, and my silence at this time might in the prejudised opinions of some among you, (against me) argue in their spirits, my guiltinesse of all their lyes. &illegible; unto my charge; and theirby might in their own hearts, take me &illegible; and conclude me guilty from my silence, but without a grant of free liberty, from this house to speak my minde freely without any interruption, I shall not say one word more, but remain in perfect silence, so the Speaker commanded us to withdraw, which we did.

And &illegible; a quarter of an houres time after the Sargeant at Armes came with his Mace, and ushered &illegible; in againe, and having placed our &illegible; at the Bar, ‘Mr. Speaker having a paper in his hand looked upon it, and said to this effect, Mr. Masterson the House conceives that you have nothing high given them so full a relation, of this businesse to day, to Mr. Lilburns face, as you did yesterday; when you were single therefore I am commanded to ask you what you say to such and such a thing, and mentioned as I remember about 6. or 7. perticulars, the substance of all his accusation, so &illegible; as that litle heed that I gave unto it, would inable me to Collect was to this effect.

That there was a designe (especially by me declared at the foresaid meeting) ‘contrived by me, &c. to destroy or cut of both houses of Parliament, and that we could not be far form the intention of executing of it, in regard I had appointed blew ribons to be worne in the hats of all those that should be saved alives and that though we did now &illegible; a Petition to the House, yet it was no mere &illegible; a Cloak, or Colour to raised the people by, that so we might the more covertly make our selves &illegible; enough &illegible; destroy them,

But after he had done, the Speaker told me the house had given me free liberty to say what I pleased, at which I made a Congy, and mightily raised up my heart to God, with an earnest inward Cry up &illegible; Heaven, now to come in (if ever) with power, strength, wisdome, resolution and utterance &illegible; to his wonted goodnesse, and praysed be his name he heard my inward sight and eyes unto him, and &illegible; as it were a new heart and burning fire into all the blood in my vains, & raised up my spirit high beyond its ordinary temper, and with a &illegible; pause I begun and said after this manner with a soft &illegible;

Mr. Speaker I take it for no small honour, to be admited this day, to this great (though just) priviledge, to have free liberty to speak my mind freely and boldly, without interruption, and having againe &illegible; what is before premised, and protested againe what is before protested, with a loude and &illegible; voyce (though with an easie and &illegible; command over my selfe) I went punctuall on (with &illegible; the least interruption) and extempory said.

Mr. Speaker: I doe here freely and voluntarily confesse it. that I had a hand or a finger in drawing the &illegible; Petition, with large marginall notes fixed to it, and that I &illegible; had a hand in putting it to the &illegible; presse, and paying for it, and went on, giving the House the grounds and reasons of my so doing, acquainting them with all the pains I had taken to promote that gallant Petition in City and Country, telling them that I durst at their bar with confidence aver it, that there it never a man in England, that dare or can justly speak against the body, or scope of that just, necessary, and righteous Petition, unlesse it be those that have guiltie consciences within them, or those that are of, and allied unto, &illegible; of those corrupt &illegible; that are there struck at.

I also acquainted them truly with the reall causes of our late meeting at Wapping, that Masterson complained of: and after I had given them the substance of the beginning of our discourse there, I acquainted them, that it was objected by some in the Company, that the people all over the Kingdome, &illegible; generally very ignorant and malignant, and hated the Parliament (and us, whom they called Round &illegible; Independents, &c. for our Cordiall adhering to them) under whom they &illegible; under greates oppressions and burthens then before the Parliament. And for all their expences and fightings, were never &illegible; whit the &illegible; either at present or in future grounded hates and therefore for us, (that were for the &illegible; reasons so hatefull to the &illegible; of the people) to act in this Petition, they would but &illegible; it for our saker, and be provoked to rise up against us.

Vnto which Mr. Speaker, my self, &c. answered to this effect, the people are generally malignant, and more for the King then for the Parliament, but whats the reason? but because their burthens are greater now then before, and are likely to continue without any redresse, or any visible, valuable consideration, holden out unto them, for all the blood and treasure they had spent for their liberties and freedoms. And the reason why they were so ignorant, and did so little enquire after their liberties and freedoms, &illegible; Mr. Speaker, because that though the Parliament had declared in generall, that they engaged to fight for their liberties, yet they never particularly told them what they were, nor never distinctly &illegible; forth the glory and splendor of them, to make them in love with them, and to study how to peel &illegible; them, and for want of a cleare declaring what was the particulars of the Kings rights, and the &illegible; of &illegible; and what was the Parliaments particular priviledges, power, and duty, to the people of &illegible; Kingdome, that chosed and be trusted them, and what particularly was the peoples rights and &illegible; they were hereby left in blindnesse and ignorance, and by reason of their oppressions, because &illegible; knew no better, doted implicitely upon the King, as the fountain of peace, justice, and &illegible; without whom nothing that was good, could have a being in this kingdome; And I told them Mr. Speaker, it was no marvell, that the poore people in this particular werein foggs, mists, wildernesse and darknesse; considering that this House in their Declarations hath so plaid at fast and &illegible; them, for though Mr. Speaker, this house voted to the effect*, that the King being seduced by evill Councell, &illegible; made warre against the Parliament and people, and that &illegible; are trayters that assisted him: And further declared, &illegible; he had set up his Standard against the Parliament &illegible; people, and thereby put the whole Kingdome out of his protection, contrary to the trust reposed in him, contrary to &illegible; oath, dissolving government thereby. And that he in his own person marebed up in the head of &illegible; Army, by force of Armes, to conquer and distroy the Parliament, and in them the whole kingdome, &illegible; lawes and liberties.

And yet Mr. Speaker with the same breath &illegible; the King is the fountaine of justice*, and that he can do no wrong, and forc’d the people to take oaths and &illegible; to preserve his person, and yet at the same time gave the Earle of Essex and all those under &illegible; Commission, to fight with, kill and slay all that opposed them, and declared, the King in his own &illegible; marebed in the head of an Army to oppose and destroy them, and yet gave them Commission to fight &illegible; King and Parliament, so that Mr. Speaker, here was riddle upon riddle, and mystery upon &illegible; which did even confound and amaze the people, and put them into Woods, and Wildernesses, that &illegible; could not see or know where they are, or what to think of themselves, or of the Parliament, or &illegible; the King, only this they very well know that their burthens are greater now then ever they were &illegible; and that they have been made fooles, in pretendingly, to fight for liberty, which hath brought them &illegible; bondage, and that though it was formerly declared the King had no negative voice, or legislative power, but &illegible; bound by oath to passe all such lawes as the people, solte or Commons shall chuse. Yet &illegible; the Parliament sends unto him againe, and againe, for his concurrence to their Acts, as though &illegible; giving of life, soule and power to their actings, were undisputably and inseparably inherent in him, &illegible; as though now there consciences told them, they must crave pardon of him, for all the actions they have done with out him, and against him; O ridies and unfathomable mysteries, sufficiently able to make the people desirous to be ignorant of their liberties and freedomes forever, and never to hear of them more, especially considering they have paid so deare pretendedly for the enioyment of them, and &illegible; after 5. years fighting for them, know not where to find one of them.

But Mr. Speaker, they were told that in this Petition the people had clearly held out unto them, and that upon the undeniable principles of reason and justice, the Kings rights, the Parliaments and their own; and that the two former, were, and of right alwayes ought to be, subservient to the good of the latter: and they were told, it was not so much persons as things that the people loated upon; and therefore undoubtedly those &illegible; should really hold out iustice and righteousnesse unto them, &illegible; those that they would be in love with, and therefore in mercy to our selves, and in &illegible; and compassion to our native Country, it was pressed, that every man that desired to fulfill his end in comming into the world, and to be like unto his master in doing good, should vigorously promote and further this just and gallant Petition, as the princeple meanes to procure safety, peace, Iustice and &illegible; &illegible; the land of our nativitie, and knit the hearts and spirits of our divided Country men in love againe &illegible; unto other, and in love unto us, which they could not chuse but afford, when they should visibly &illegible; we endeavoured their good as well, and as much as our own, there being all the principle foundations of freedome and iustice that our hearts could desire and long after, in this very Petition; And if our greatest end were not accomplished in our prosecuring of this Petition, viz. the Parliaments establishing the things therein desired, yet the promoting of it would begit understanding and knowledge in the people, when they should heare it and read it, and discourse upon it, and if nothing but that were effected, our labour would not be totally lost, for nothing did more instate Tyrants in the secure possession of Tyranny, then ignorance and blindnesse in the people. And therefore for the begitting of knowledge, it was requisite it should be promoted. And also for the healing of the divisions amongst the people, and knitting them together in love, that so their minds might be diverted from studying the ruin each of other, to studie the destruction of Tyrants that would in time destroy them all; whose fundamentall maxime &illegible; is, that they must by policies and &illegible; &illegible; divide the people amongst themselves, or else they can never safely tyrannise over them.

And Mr. Speaker, there was one in the Company that made a motion to this effect, that he did conceiveit was more requisite at present, speedily to second the Armies Declaration with a petition to incourage this House vigorously to go on to prosecute their last Galiant Votes (for so they were called) to which was answered to this effect.

That in this petition was contained more then was in all them Votes, for it struck at the very root of all that tyranny that had enslaved and would inslave us, viz. the Negative voice in King and Lords both, which the Votes did not in the least. And it was impossible that there could be an active member in the House of Commons, but knew that this petition was promoting all over the Kingdome: which abundantly declares greater incouragement to all those Members of the House, that really intended good to the Common wealth, then &illegible; could be in a single complementall Petition, signed with 4, or 500. hands, such a petition being rather fit to pusse them up, and thereby divert them from fully intending the peoples good, then upon reall grounde to strengthen and incourage them therein, and there was never a member of the House, whose design in the largest extent of it was no more, then the pulling down of the King, that so he might be a King himself, but of necessitie he must receive more satisfaction and incouragement from the knowledge of the promoting this gallant, unparaleld petition (which is a cleare demonstration to the Parliament, that those that promote it, clearely understand, that the King and the Lords tyranny, and their liberties are inconsistent) then he could doe from a bare complementall petition, which would also be dangerous to our selves, in quashing the vigorous prosecuting of this, that contained the utmost of our desires: and the sum of all those things that in this world we desired to make us happie.

But Mr. Speaker, it was againe obiected, that seeing the Petition struck so much at the House of Lords as it did, who lately it was said had concurred with this House in their Gallant Votes against the King, it was dangerous to the Kingdomes safety in this iuncture of time, to promoteir, least it might occesion a closeing betwixt the two Houses, which would now be very dangerous.

Unto &illegible; Mr. Speaker, my self, &c. answered to this effect, that if the Lords had so concurred in these Votes, that they had declared it had been their duty, without dispute to have concurred to all such Votes as the House of Commons had passes, there had been some ground to have pleaded for a respect &illegible; to from us. But seeing they so passed the Votes, as in the passing of them, they declared it to be their right, to give their denyall to any Votes the House of Commons shall hereafter passe, that doth not please them: We are thereby ingaged the rather to goe on &illegible; our Petition to pluck up their destructive interest by the roots, that had brought all out miscries and &illegible; upon us.

For Mr. Speaker, if the Lords be considered in their indicative power, we shall find them as guilty of treason in subverting out fundamentall lawes and liberties, as ever the Lord of Strafford was, for which he lost his head, who in his impeachment of high treason by this House was accused in the 4, 5, 6, 7, 8, 9, articles, that he had treache &illegible; subverted the fundamentall lawes and liberties of England and Ireland, and introduced an arbitrary tyrannicall government beyond and above law: in that he had upon paper petitions, and verball complaints, without any due course, processeer shadow of Law (but meerly by the Law of his own will) outed divers of the free men thereof, out of their liberties, proprieties, and freeholds: to the ruin and destruction of many of their families.

And truly Mr. Speaker, I must aver it, and doe aver it before this House, that the present House of Lords are as guiltie of this trayterous subverting of our fundamentall lawes and liberties, and introducing and exercising an arbitrary and tyrannicall government above and beyond all law and iustice; as he was. And by the law of their own wills, without any due course or processe of law, (or the least shaddow of law) have outed, divers free men of England, out of ther liberties, properties & free holds, they themselves being Complainants, Prosecuters, Parties, Witnesses, Jury, and Iudge, have passed most barbarous and tyrannicall censures, upon them, to the apparent ruine of them and their families; yea and upon me have passed so barbarous, and transcendent an illegall sentence, that I am confident the like of it in all circumstances, is not to be paraleld in all the Earle of Straffords tyranny, for which he lost his head.*

And Mr. Speaker, let me freely tell you, that unlesse this House doe execute upon the present tyrannicall House of Lords, or the mischievous and law distroying ring leaders amongst them, the Earle of Straffords punishment, I shall never iustifie you for righteous and impartiall Iudges, or think that you have discharged your duty either to God or the Common wealth.

And then Mr. Speaker, in the second place, as for the Lords Legislative power: I told my friends to this effect, that the Lords usurpations in that particular, had been the cause of all the late wars, and blood shed in England.

And Mr. Speaker, I illustrate it unto you thus, that before this Parliament was called, there were certain great and wicked men in England, that had in a manner totally destroyed and subverted all our lawes and liberties (For the Judges in the iudgement of Ship money &illegible; had given up to the King at out blow, all our properties, and by consequence all our lives, and all that was deare unto us And these with many others had defacto, set up an arbitrary tyrannicall power, beyond & above all law, (which is well set forth in your first Remonstrance of the state of the Kingdome) which had like to have destroyed this whole Nation; and the King being of necessity compeld to call this Parliament, this House in its verginitie and puritie, according to the great trust reposed in them, endeavoured to execute justice and judgement upon the forementioned tyrannicall law and liberty destroyers, whose power and interest, by reason of those many great places and command they possessed in the Kingdome: and by reason of the length of time, they had continued in their wickednesse, had so fastly routed and &illegible; them in the bowels of the Common wealth: That the endeavouring to pluck them up occasioned the feare of a dreadfull Earth-quake in the Kingdome, and therefore that this House might in securitie goe on effectually to discharge their trust and duty to the kingdome, they were therefore as to me appeares, necessiated to new mould the Miditia of the Kingdome, and to put the strength of the nation into more &illegible; hands then it was before, which desires of theirs they sent up to the Lords, for their concurrance, who refused to concurre, not once, nor twice, but many times, and procrastinated time so long by their delay, that the Kingdom was therby in danger of ruine, which necessitated this house to send up Mr. Hollis (a quandum Patron of the peoples liberties) to the Lords bar, with a message to this effect, to demand the names of all those Lords that would not concurre with this House in saving the Kingdome, that so they might be the obiect of their iustice and punishment.

And truly if the Lords had had a reall and true right and title to their Negative voice, to deny concurring with this House in what they pleased, this message was no better, then by feare and compossion to ravish them out of their judgements and consciences; and so by force to rob them of their rights. And upon this message Mr. Speaker, when the House of Lords see this House was in good earnest, being &illegible; up thereunto by divers transcendent high Petitions of the people, after they had delayed their concurrance so long, as they could or durst, the most of them fled, and the &illegible; or &illegible; part concurred, who at the best, if they had a right to deny or grant at their wills and pleasures, &illegible; be stiled no better then a House under force, and by the same argument it will follow, they have so continued ever since, and so all their acts eversince, are null and void in law and reason both; being the act of force, and therefore of necessite it must either be granted, that the Lords pretended right to their law making power, is a meere usurpation, or else that the House of Commons committed the Apprentices late treason inforcing the Parliament.

But Mr. Speaker, I said and still doe say, that the Lords so long standing out, and refusing to concurre with this house to settle the Militia of the Kingdome, gave the King an oppertunitie to withdraw from the Parliament, and to lay his design for a War, yea and to gather his forces together, whereas if they at the first desire, had concurred with this house in setling the Militia, the King had never had an oppertunitie to have withdrawn himself from the Parliament, or to have gathered 300. men together, much lesse an Army, and so there could have been no Warre and blood shed in the Kingdome.

And therefore Mr. Speaker, as I did amongst my friends so I doe here again lay the guilt of all the blood that hath been spilt in England in the late warre: (which I doe beleeve amounts to the number of 100000. men, that have lost their lives in it) at the House of Lords doore, and this House, (Mr. Speaker) in my apprehension, can never in justice (either before God or man) acquit them selves as Iust men, if at their hands they doe not require, and upon their heads require the guilt in shedding all this innocent blood.

And as for their right to their pretended Legislative power, I told my friends Mr. Speaker, I would maintaine it upon my life against all the Proctors the Lords had in England: that they had no truer right to their Legislative or Law making power, then what they could derive from the sword of that Tyrant, &illegible; the Conquerer, and his successors, and therefore it was that in their joynt Declaration with this House, published to the view of the Kingdome, they doe not stile themselves, the chosen Trustees, or Representatives, of the Kingdome, but the Heriditary Councellers of the kingdome, that is to lay men imposed upon the Kingdome for their law-makers and Rulers, by the ficious &illegible; will of the King to be their law makers and &illegible; Who in his answer to the 19. propositions, hath no better plea for the Lords Legisive power, but that they &illegible; their right thereunto by blood. And Mr. Speaker, I said unto them, and now avette it with confidence unto you, &illegible; for them to take upon them the title of Legislators of England, they have no more right so to doe, then a &illegible; &illegible; and Robber that robs me upon the high way, and by force and violence takes my purse from me, had or hath, &illegible; call my money when he hath so done, bitown trut and proper goods.

Or Mr. Speaker for them to plead, that because they have exercised this power for some too, of years together, that therefore now without all &illegible; it is their right and due, I told them twas no better an argument then for a Knave to over, such in honest rich women, was his wife, and her riches his propriety, because by force and violence he had committed a rape upon &illegible; vergenity, and by force and violence had taken possession of her goods, and forced end compelled her for &illegible; of having her throat cut to bold her peace. Now Mr. Speaker, from he act of force and violence committed upon such an honest woman, to draw this argument or conclusion, that therefore he that did commit it, because he used her (or lay with her) is her lawfull and true husband, or that all her goods are his, because by force he hath taken them from her, and by force keep, them and useth them as his own, is no found argument, and yet as strongs one, as for the &illegible; by force of Armes, to toyne with the Kings of England to rob us of our native and undoubted liberties and rights, (which is to chuse and &illegible; power all our law-makers, and to be bound by &illegible; law imposed upon us, by those that never were chosen & be trusted by us, to make no lawes,) and then usurp them to themselves, and by force and violence is keep them from us, and then to plead because they have possessed them so, long, but therefore they have a true undoubted and naturall right unto then.

Besides Mr. Speaker, I told my friends, that if ever the Lords had any right at all to their pretended Legislative or law making power, (which utterly deny that ever they had,) yet they have since this Parliament with their own pens and tongues given it away. And that I did, and doe prove thus, the Lords themselves never claimed their power by any other right, then what they decived from the King, by his letters, &illegible; writ in a piece of Parchment with a seale &illegible; Now if the King have no Legislative power, inherent in himself, without all controversie in the words, he can give or derive none unto the Lords, for it is impossible, that that should flow or come from a thing, that is not originally inherent in the thing it self.

But the King hath no legislative or law making power inherent in himself, and therefore can give &illegible; derive none unto the Lords And that the King hath no legislative power inherent in himself, J prove out of the Lords own words, in their ioynt declarations with this house, of the 16 May 1642. and of the 2. Novemb. 1642. 1. part book declarat. pag. 268, 269, 270. 706, 707, 708, 709, 710, 711, 712, 713, 714, 715 Where they spend many leaves to prove, that the King is of duty bound by his Coronation Oath, to passe all such Lawes as the FOLK, PEOPLE, or COMMONS shall chuse, and if so then he hath no Negative voice, and if no Negative voice, then he hath no Legislative power, and so cannot possibly give any to them, and that he hath no Negative voice, or Law-making power, their own words and arguments fully prove in the forementioned declarations.

Nay Mr. Speaker, it was further declared to this effect, that if this house did instate the people of the Kingdome in all the rest of their liberties, and lest this pretended Legislative power of the Lords unrouted up, they were but slaves, by that one particular alone, and that was illustrated in this manner.

All Legislative power in its own nature, is meerly arbitrary, and to place an arbitrary power in any &illegible; of persons whatsoever for life, (considering the corruption and deceitfullnesse of mans heart, yea he best of men) was the greatest of slavery; but the claime of the Lords is not only to have an arbitary power inherent in themselves, for life, but also to have it hereditary to their sonnes, and &illegible; &illegible; for ever, be they Knaves or Fooles: which is the highest vassalage in the World. And therefore Mr. Speaker, J must freely tell this House, that I shall never believe they really and in good earnest &illegible; to make the Kingdome free, till I see them plucke up by the roots, this grand tyranny of the &illegible; though for my part, I am not against their enjoyment of their titular dignitys; nor &illegible; of their great estates, alwayes provided they be made sublect to the Law as other men in paying their debts, &c. And if for this rigidnesse against the King and the Lords Negative voice, I be called State Heritique, I answer for my selfe. that the Parliaments own Declarations, hath made me so and that if I be deluded and deceived, they are the men that have done it.*

The rest of my narrative at the bar, about the businesse of aposlaused Lievt. Gen. Cromwell Com. Gen. Jreton, the second Felton, and my Lord Wharton, &c. up about half an houre, & &illegible; much &illegible; do any own head 4. or 5. &illegible; of paper, which I must scipover and remit to another time, but because I iudg my conclusion to be very pertinent to my present businesse and sufferings, J shall give it you verbatina, as I have many dayes ago &illegible; it, which thus followeth.

And now Mr. Speaker, I shall draw towards a conclusion, having dealt ingeniously with you, and freely of my own accord, (not with the least relation to this notorious lying, illegall Charger or Informer) given you a &illegible; relation of all the materiall discourses at the Meeting, &c. so fat as my present memory will enable me, & this I am sure of Mr. Speaker, that I have not timerously or falsly laid any thing from you, or in one title minsed the busines, having rather given you more then lesse, humbly submitting my self, my &illegible; relation, and all my actions relating thereunto, unto this House to referre me and them, (if they shall be iudged offensive) wholly and solety to be instified or condemned at the Common law, by a royall before one ordinary Iudge, the true and proper &illegible; of the Law; and a Iury of my Equalls, according to the known and declared law and iust custome of England, which is my Birth right and inheritance, which &illegible; me into the capatitie, that J am not in my present condition, to be tried, iudged or &illegible; by this house or any other power in England, but according to the known and declared Lawes of England, the Executors of which in the least I ever this House are not nor ought not to be.

And therefore Mr. Speaker, before I totally conclude in preventing this house, to conclude their ill begun opinion of me; I shall humbly desire a little further liberty to propund three things unto your consideration, and in them I shall be briefe.

The first of which is, that when Paul stood before the Heathen and Pagan Roman Governours, and the Iewish Scribes and Pharisees, Prest hard against him, to have him destroyed, as this English Pharisee doth now against me at this barre, yet they had so much rightousnesse and iustice in them, by the light of nature, that they would not &illegible; him for all that, tell they had given him the benefit, which the very law of nature gives to any man, and which the law and custome of the Romane gave unto him, which was to heare him make the best defence for, himself that he &illegible; the which when he had done, the Governour was convinced, that his accusation was &illegible; malice, and that he had done nothing worthy of death or bonds, Acts 23. 29. and 24. 25, 26.

And Mr. Speaker, as Paul amongst the Heathens inioyed the benefit of a Roman, viz. the priviledges of the Lawes of his Country, so let but me from this house inioy but the priviledges of an Englishman, viz the benefit of the known and declared Lawes of my native Country: and I doubt not but to make it as evident as the Sun when it shines in its glory, that I have done nothing that deserves either death or bonds, and that this information it a meere malicious bundle a flyer, and that if the Informer dare but to sweare one quarter of that which now with confidence he assumes, that he forseits his &illegible; And to punish me before this be granted me, I must ever is the hight of iniustice, and the actors in &illegible; lesse more &illegible; then the pegent and Romans were.

Secondly Mr. Speaker I desire to acquaint this House that upon the third of May in the yeare 1641 one Littleson servant to Prince Charles that now is, informed the King himself (with a great confidence) that I had said if we could not have Iustice against the Earl of Strefford, we would pull the King out of White Hall, and without any more adoe I was apprehended as a &illegible; and clapt up close in the messengers hands, and the next morning I was brought to White Hall as a Traytor, (and the King sent Mr. Nicholas (then as I remember) Clarke of the Councell to the House of Lords to impeach me of High treason, and the said Littelton swore the words print blank against me, and unto the &illegible; &illegible; I was called, where I had a kinde of an arrangement of High treason, before almost a 100. Lords than siting unto which I stooped, knowing my liberties no better, and the Lords giving me leave to speak for my self what I could, I delt as ingeneously with them then, as now I have done with this House, and told them freely and boldly the whole truth of the maner, and I being withdrawne &illegible; Mr. &illegible; a Councellour of Lincolus Inn was called in, as a witnesse of confirmation to Mr. &illegible; not knowing wel what I had laid nor what he had sworne, and he was put upon his Oath to declare the such of my discourse, and Jumped point blark upon what I had ingeniously related to them, so by crimining the truth to the bottome, my life was saved, and my body honourably delivered (by order of that honourable House) from my present bonds, and Mr. Litletan like a rogue, for his owne preservation was saiz to &illegible; away, but Mr. Speaker that which I here observe, is this, that if the House of Lords (then possest with indignation enough against me) had been so credilous and unjust, to have believed a single informar then upon his oath, (which yet is more then this informer is) for any thing I know, I had died for it, and I hope this house will not fall short of the house of Lords (yea and of the house of Lords when it was fullest of arbitrary courtiers in doing justice in condemning me to any the least punishment in the world, upon the bare vithall information of a single informer, not upon his oath) especially having so long and large experience of my unspoted Integrity, to the reall and just interest of this House, that now with my pen I dare aver it with confidence, never any man in England ever gave greater or larger, for all the rusting, bustings or confident lyes of any rotten apostatised or corrupt members therein.

Thirdly and lastly Mr. Speaker, I desire to acquaint this House, with some hard measure in this very particular I have had from this House it self, & truly M. Speaker I intended at my coming in freely & boldly to have grated upon some unpleasant string, and loudly to have sounded a harsh and unpleasant best upon them, but truly Mr. Speaker, I must ingeniously confesse, I am overcome by that honourable respect I have this day found from this House, In that you have heard me with so much patience speak my minde so largely, with freenesse and bouldnesse without the least interuption in the world; that I doe in good earnest canfesse, I take it for a greater obligation and &illegible; unto my spirit, then all the favour that ever I received from this House &illegible; the first day of their siting to this present day; but Mr. Speaker I beseech you, let we not be misinterprited, as though I said this to collogue and slatter with you, and their by to insinuate into you, lesten your iust indignation, unto me for my crimes, no Mr. Speaker I hate and abhore the thoughts of any such thing, and doe before you all with detestation protest against its affaring you that if my naked integrity and sincerity, in the iust and strictest eye of the law, will not beare me out in whatsoever can iustly and legally be laid unto my charge, I am resolved to perish.

But I goe on with your favour Mr. Speaker, to say what I intend, with the greatest respect to this House that possibly the businese will be are, and Mr. Speaker, you your selfe may remember, that I brought post letters of glad tidings in Iuly 1645. from the Army in the West, of their routing Generall Goring at Lampart, and being waiting at the House doore upon the 19. of Iuly 1645. there was our kinde of false information given into this House against me, by whom &illegible; did not know, nor &illegible; not legally know to that day, but the informers were never called into the House, to restesie the least time in the world against me, and with those that (since I understand) were the informers (viz Dr. &illegible; &illegible; & Col. Edward King) I had not for many moneths before to my knowledge changed so much as the word with, and yet notwithstanding my best requitall, for my hazardus posting from the Army to &illegible; House upon my own charges with the foresaid glad tidings, was to be voted by the house &illegible; 8. &illegible; Cook at night to be claps by the heeles, without to this day expressing any pretended or reall crime or cause therefore, without ever so much as calling me (though then at the doore to speak one word for my self; a harsh peece of &illegible; Mr. Speaker, but yet this was not all for the causlesse indignation of this House* burnt so hot against me, that upon the 9. of August following, they caused me to be sent from the Sargeant at Armes his messengers house to Newgate, and by all the meanes I could use in the world, could neither get this House nor its, Committees, before whom I was, to tell me in the least the cause wherefore they were angry with me, and yet your causelesse indignation rested not here, but when I was in Newgate, this House made severall Orders for Mr. Bradshaw, Mr. Steele, and Mr. Walker, to prosecute me for my life (as I conceived) at the Sessions in the Old Bailey, and a Iury was also (as I was informed) panneld upon me, and hundreds of my friends gave me over for a dead man; and many times pressed me to seeks the favour of this house, which I alwayes absolutely refused and trusted to the protection of God, my innocency and my pen: and in conclusion this House sent me 100. l. to help to beare my charges and the 14. Octob. 1645. by Vote of this house, as a iust and innocent person, against whom no crim &illegible; or charge had or could be laid, released me.

So that Mr. Speaker, you see that this very house upon false and ungrounded informar on, (which causlesly heated and inflamed their indignation against me,) had like to imbrued their hands &illegible; in my innocent blood, and yet in conclusion were necessitited to release me, as an innocent, iust, and righteous man and Mr. Speaker. I could tell this House the name of those in the House, that were the principall prosticuters of me in this unjust and unrighteous manner, but for that ingenious and honourable respect that I have this day &illegible; from this house, I am at present in that particular silent, only I must acquaint this house, that I was no sooner at liberty, then he agents of your brother Sir John &illegible;, Mr. Speaker, went up and down the city, declaring that I and my confederates had a plet in hand by force of Armes to destroy this Parliament*, of which when I heard, I went to Alderman Atkins, now a Member of this House, and then Lord Maior of London, before whom some of Sir Iohns Agents, Complotters, and Knights of the post, were brought, and desired him to doe me &illegible; upon them, by taking such a legall course, that they might be put upon the effectuall proofe of &illegible; conspiracie, and treasons which they accused me of, or exemplary iustice done upon them for &illegible; false accusations and combinations to take away my life, But truly Mr. Speaker, I must clearely declare to this house, that I clearely apprehend, these persons were set on by men of such power, that &illegible; then Lord Maior of London (now a member of this House) neither durst, nor would doe me one &illegible; of iustice, And Mr. Speaker, I looke upon this very accusation given against me, as a designed, &illegible; malicious and false a thing, as any of these for &illegible; & do hope to find so much honour and justice now &illegible; hands of this Honourable house, especially considering that now I have in some good measure &illegible; them to understand, how maliciously formerly I have been dealt with, that they will not in the &illegible; condemne or punish me upon this verball suggestion, nor have the least evill thoughts of me, till &illegible; see the businesse fully debated according to law and common iustice.

And now to conclud all, Mr. Speaker I shall humbly crave the patience of this house, to heare &illegible; or three words about my own particular businesse, that hath hung so long in this house,

And what I have to say in this particular, I shall be very briefe in.

And in the first place Mr. Speaker, as for my appeale to this house, which hath hung here &illegible; two yeares without your judgement or finall determination past upon it, although I for my part Mr. Speaker (have used all the wayes and meanes I can to procure it, but as yet Mr. Speaker I can not obtaine it I therefore make it my humble sure unto this Honourable House, that if yet they be not satisfied, in the legally of my protest against the Lords usurping jurisdiction over me, that then &illegible; house Mr. Speaker, will be pleased to appoint a day in the open house to heare me openly, &illegible; now Mr. Speaker I solemnly offer, singly and alone &illegible; this bar, to maintaine and iustifie the legallitie of &illegible; proceedings against the Lords, against all the procters &illegible; have in England, to send to this bar to plead their &illegible; for them face to face, yea Mr. Speaker; I shall be &illegible; they shall take in the helpe of all the Agents they have &illegible; this House, provided I may be suffered my selfe to &illegible; their obiections, and when the discourse is done I shall &illegible; and cheerfully submit to the finall determination and judgement of this House in it, or if I cannot &illegible; this at your hands.

Then in the second place Mr. Speaker I most humbly intreat this honourable House, that they will be pleased to appoint a day, to reade over my Plea J made for my self before Mr. Iohn Maynard &c. and which &illegible; I have printed (and delivered some hundreds of them to the members of this House) and upon the reading of it to proceed to give a final Judgment in it, that so I may after almost 2. years waiting know what to trust to, and not be kept everlastingly in Prison, in a condition worse then death it self for truly, Mr. Speaker, my &illegible; and &illegible; necessities compels me to deale ingeniously with this House, and truly to acquaint you, that I have not (being a yonger Brother) one foot of land in the whole world, nor a penny of any rents coming in to &illegible; my wife and litle Children, nor any trade againg to bring me in one farthing, nor a penny allowed me by those that uniustly imprisoned me to buy me bread, and all these things considered with my 11 years (in a manner constant) sufferings laid unto them, I cannot apprehend how this house can rationally conceive (how without maricle) I should live or subsist especially seeing I am necessitated to contest for my own preservation, with all the corrupt grand interests in England, & therefore in the second place I humbly intreat this honourable house, to let me have somthing at the present out of my Arreares (to keepe me alive) which I dare with confidence Mr. Speaker avere before this House, Iustly amounts to the greatest part of a Thousand pounds.

And in the third place, Mr. Speaker, I humbly intreat this Honourable House, seriously to consider and passe my Ordinance, (that long hath laid dormant here) for my 2000. l. reparations against my cruell Star-Chamber Iudges, and that I may speedily and effectually by you, be put into a certain way where to receive my money, and not be sent unto those for it, where it is impossible for me to get it,* without the losse of a great deale of time, and the expence of a great deale of money (if ever I get it at all) which I have not now to spend, having J dare with confidence ever it, spent above 1000. l. one way and another, in following this House, &c. for it, and so Mr. Speaker I have done with what I have to say to you at present, wherupon I was commanded to withdraw, which I did.

And immediately upon it, Mr. IOHN WILDMAN was called in a severall times, and my selfe having sent in word to Mr. Speaker, that I earnestly desired to come to the Bar againe, to speak two or three words more to the House, and accordingly I was called in, & coming to the Bar very hoarse, (by reason of my straining my selfe to speak audably in my former speeches, one of which lasted above an houre and half) I said with a mild voyce, Mr. Speaker, a Prison by the law of this Land, is appointed not for the punishment or distuction of the Prisoner but for the secure and salf-keeping of him, for a speedy tryall at the next Assises, Sessions or Goale delivery; And truly Mr, Speaker J have now been many assizes, Sessions and Goale deliveries in Prison, and never called out to have any crime in the world laid legally unto my charge being commited by those, that J must and do averre with confidence before this house, have no more power or authority by the law of England, to commit me, then so many Turkes or Tertors; and this House was lately pleased to doe me so much Iustice and right, as to give liberty day by day to goe obread to follow my businesse, and yesterday I understand they have taken of that order, and lest me a Prisoner under the power of the Lords, by reason of this information of Mr. Mastersons, which I aver is a must malicious lying one, truly Mr. Speakes my necessities are such and Iecuut it no disgrace to repeare it over againe to this House (especially considering my eleven year hard and constant chargeable sufferings for the liberties of my native Country) that I have neither Lands, houses, nor tade a going to bring me in a penny to buy me breac, to preserve alive my wife and little children; and I never die any notion in my life, but I was alwayes willing, and still am ready to answer for it, at the touchstone of the Law, and by it to iustifie it at my perrill, without ever craving, of now desiring, the least dram or courtesie in the world at the hands of any flesh alive, but meerly what the Law of my native Country will allow me, and truly Mr. Speaker, I have borrowed many score, of pounds, to preserve me alive in my necessities, and truly Sir I must needs tell this House, that in all likelyhood I might have perished in my straits, if I had not had a little credit to have borrowed some money to supply my wants, but truly sur, when money is borrowed, it must be paid againe, and if I breake my word, I loose my credit, and when that is lost, J must of necessity perish, and therefore Mr. Speaker, I beseech this honourable House that they would no more subject me to the Lords lawlesse must bering willt, by sending me againe to prison, there to starve, (for while I am at liberty, J can a little help myself amongst my friends and acquaintance) wherefore J humbly beseech this honourable house, to judge my cause, and grant me my absolute liberty, which is my due and right by law, or at least at present continue your former Order, that I may day by day goe abroad to follow my businesse, tell this House have finished, and fully determined it, protesting Mr. Speaker, unto this be honourable house, that I had rather this house would order their guard of Halbeteers at the degre, to &illegible; my brains &illegible; or with their Swords to run me through, then send me againe to prison, there to &illegible; during the Lords, unconscionable wills and pleasure, there to be murthered and starved.

But Mr. Speaker, if my iust, lamentable, and pittifull complaint, cannot enter the eares, nor &illegible; the hearts of the Members of this house, but that of necessity I must be compeld to got to prison againe then I humbly intreat this honourable house speedily to assigne, (and give I me my own (which Mr. Speaker, is almost three thousand pounds that I iustly expect from and by the meanes of this House) to live upon, that so in my captivitie J may live in some contented silence and patience, and not fill your cares with any more necessitated clamours, and iust but cryes, which J must of necessitie doe, unlesse you either give me my own money to live upon, or a reasonable proportion of yours, but if at present I cannot injoy neither of these, then in the third place, J crave and challenge from the hands of this House; the benefit of the law of England, and the custome of the T