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 despaire, 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 Independents, or no; & whether they never preached in Tubs, or no : 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 fees 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 fee 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 fees 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 crushed, 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 20000, 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 no 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 Antichristian 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 Archbishops, Bishops, their Chancellors and Commissaries, Deans, Deans and Chapters, Arch-Deacons, and all other Ecclesiastical officers depending on that Hierarchy) superstition, heresie, schisme, prophaneness, &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 was 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 farre 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 promiscuous 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 fayre 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 no?

Secondly, whether in the Parliaments own publick declaration 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 saith.

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 without 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, Viscounts, 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, Yeomen, and Burgesses of severall degrees, and yet all of them of the COMMONS of the Realme, and as every of the Nobles is one 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 suorum> 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.

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 Rabshaca 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 is 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; A new Plea for the Parlement; A fuller Answer to a Treatise, written by Dr. Fern, 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 & fallen 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 fit 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 confident 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 threatening 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 dissented 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 bloud 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 confident 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 from 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

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 occasioned 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 disposure 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 Raigne, 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 carelessly 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 tender 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, Coat, 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 slye 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 if 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 Royall issue. 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.

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.

QUi multa inquirit, est industrius, sed qui nihil curat torpidute est, et qui nihil precipit 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 vertue hath met a 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, knaves 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 Esops 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 sottish 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 stupidity;

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 lately, 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 enacted 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 disherited, nor put to death 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 before-udged 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 customes of the same Realme, or by acts of Parliament.

And the Statut of the 42. Ed. 3. Chap. 3. saith thus, Its assented and accorded for the good governance of the Commons, that no man be put to answer, without presentment before justices or matter of Record, or by due processe, 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 writt 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. exprest saith, That all treasons, shall be tryed according to the course of the Common Law.

And the 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, in the Petition of Right. See [Editor: illegible word] collections printed cum privilegio. 1640. pag. 1431, 1432, 1433, 1434.

Now let us examine whether our Grandees, have made good their late resolutions: of [Editor: illegible word] 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 save 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 Perfidious 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 deliver an oppressed enslaved People; and to that purpose severall Letters were sent as representations to the Army, of the honesty 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 live 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 score 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, Thorpe, not none of those 30000. l. Gallants so much as mentioned; O incomparable Crumwell, impartiall justice, What! Mus parturiant montes; Must forty Thousand men be engaged to remove eleven Members? what, could Eleven members out-vote 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 Presbyterians 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 fawning 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 as before, they have chosen such persons as shall be sure to doe them but little hurt, 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.

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* in former 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.

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 Earle of Pembroke, which he said was an honest Gentleman, and as innocent as [Editor: illegible word] he was perswaded, and answer being returned by the Lieutenant of the Tower that it was a charge against Sir Iohn Maynard, he publiquely speake unto them. That he neither heard nor took notice of what they did, nor 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 Indictment.

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 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 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 25. 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. Wildman 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 Commons 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, nor 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 ventured 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 misery 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, 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 wicked shall perish in their owne imagination, and their names shall be forgotten, forever.

And now O Cromwell if thou hast either honesty or integrity left, observe how the Lord traceth thee in thy secret walkings, and while their is hope return and do thy first workes, seek not not to build thy honour up in blood, for it will choak thy offspring, 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?

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 so the people of this Nation in all times have manifested most heartie affections unto 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 disuse or abuse of Parliaments deprived the people of their hopes: For testimony whereof 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 destructive 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 it the most absolute and free Nation in the world.

And it is most thankfully acknowledged that ye have in order to the freedome 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, attachments, 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 and others; 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 contraryminded 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 extreame 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 testimony 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, as 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 Shipmoney, or yeeld obedience to unjust Patents, were reviled and reproached with nicknames of Puritans, Hereticks, Schismaticks, Sectaries, or were termed 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 move 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, nonconformity is now judged a sufficient cause to disable any person though of known fidelity, from bearing any Office of trust in the Commonwealth, 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 bee 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 Commonwealth may be prescribed, and their fees limited under strict 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 dis-affection 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 for ever.

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 fervent desire of your humble Petitioners.

A new found STRATAGEM:

THat in alexigencies having freely, & with the first engaged themselves to the uttermost hazard of their lives, and exhausted their estates, for the support of the Kingdome, in its native rights, and liberties, & by the blessing of God, the successes have been answerable in some degree to their desires, by which we sit in peace and your selves in security, with a full possession of the hearts of the people, and now fearing least by the miscarrying on, of the military charges beyond the necessity of the worke, and the ability of the people, now much weakned by a dearth, sharper then the late devouring sword; you should hazard the losse of your selves, and friends, not so much the alienation of their affections (which yet. Is not to be neglected) as their disablity to serve you which may arise from the Army now on foot, after six moneths cessation of all hostility here, and so bleedingly called, for to the saving of another Kingdome:

And also from so numerous a party in this County, shortly by their quarters like to equall all precedent charges, and to surmount the worst, and heaviest of our former taxes, especially by the manner of being imposed on us

Certain Animadversions and Observations upon the said Petition.

O Foolish men of Essex! who hath be witched you? yee did run well, who hath hindred you? for indeed ye were with the first, and most forward, in assisting the Parliament, for the recovering and regaining our then lost Lawes and liberties and (to your everlasting fame be it spoken) yee have (according to the narrative part of the Petition) both hazarded your lives, and exhausted your estates, in the common cause of the Kingdome; but yee are not alone. And will yee doe and suffer all these things in vain, if it be yet in vain? Will yee now foolishly (through the delusion of a treacherous party of corrupt members in both Houses, and covetuous ambitious Clergy, who seeke by fayned words, and false pretences to insnare, and inslave you, and to make themselves Lords over you) deprive your selves of all the blessed fruits which yee are likely, and may (by Gods blessing) suddenly reape and enjoy? if yee your selves doe not let, by being induced causlesty to Petition: or act, for the disbanding of that Army, by whom God hath given you such answerable successes as your selves mention, and caused you as yee confesse) to sit in peace, and the House in security, in which your free acknowledgment, I acknowledge you, farre more noble then the House themselves; for instead of giving God so much glory, or shewing themselves so much as verbally thankfull, by any such acknowledgement, they committed Major Tewledy the other day, only because he told Hollis Earle, and others in effect, the same thing.

And whereas it is said in the pretended Petition that the Parliament is in full possession of the hearts of all the people, how true this claw-back insinuation is, I appeale to your own hearts and aske, whether yee do not heare more clamours and complaints then ever heretofore, and doe not see more injustice, cruelty, and oppressions exercised and executed by the Parliament, then ever was by the King, and feel more abundant, and heavy pressures and impositions laid upon you, (even to your necessary food and raiment, and the fruit of your own laboures) then ever were in the worst of former times? so that the people, abhor them and all their actions, they are weary of their burdens; and how then can yee affirme that the Parliament is fully possessed of the peoples hearts, when as they are rather possessed of their hates?

As for that subtill suggestion of feare, in which is implied a specious pretence of a care to avoid a future inconuenience, viz. least by carrying on the Military charges beyond the necessity of the worke (as if there were now no need of the Army, and that if it was disbanded, yee should be troubled no more with such military taxes and charges) and the ability of the people, (as if Essex was so poore and eaten up, which hath been least troubled with quartering) now much weakned with a dearth (not more I hope then other Countries (sharper then the late devouring sword (God for bid, doe not bely God) you should hazard the losse of your selves and friends, and not so much the alination of their affections, as their disability to serve you &c. It is both groundlesse and senslesse for if this Army were now disbanded, the Parliament would still carry on the military charge, by raising them another in this Armies stead, and to that end they have both nominated certain officers which they intend to imply therein, and voted the raising of 60000 l. a moneth to maintain it and the forces in Ireland: So that the taking away this Army, will not take away the military charge from you, and the Parliament it seems would never the lesse hazard the losse of your good affections, and ability to serve them, and therefore yee may even spare that your great care for them, and it is very probable you may suddenly (if you doe not already) find that they have no such great care of you.

And where it is said that by quartering so us any of them, their quarters are like shortly to equall all precedent charges, & to surmount the worst and heaviest of your taxes, especially by the manner of their being imposed on you: Your Taxes sure have either been few, and very small in respect of others, or else the quartering of this Army which is (as I have heard) content with ordinary provisions, and will not abide I am confident longer then is convenient with you, and payeth quarters so often as it receiveth pay, cannot amount to such your incomparable prejudice, as those high and hyperbollical> expressions (of amounting and surmounting) doe sound forth, and import: and as for the manner of their being imposed on you, I doe beleeve it is neither forceably, nor disproportionably: but this particular his Excellency Sir Thomas Fairfax, their Generall (who was never yet taxed for any irregular quarterings) can more distinctly answer; and so I have done with the narative part of your pretended, or intended Petition.

Now whereas in the conclusion, or Petitionary part, yee are humbly to offer the speedy disbanding of the Army, as a plenary expedient, against the worst that may in generall be feared by you and them, and to have it removed out of your County, that so the Parliament (as yee must say, but I hope doe not wish) may be absolute Masters and disposers of you and yours for the future &c. I would have you observe that here is a dainty gul, a notable peece of machiavilisme put upon you, not only to make you the instruments of removing those, who as they have redeemed your rights and liberties, are also ready and willing, and the principall meanes, as the things now stand, to defend and maintain your liberties, and to keep you and yours from sudden vasalage and slavery; but also in plain termes voluntarily to offer your selves slaves; as, that the Parliament shall be the absolute Masters and disposers of you and yours: I hope yee know better what belongs to your own inherent power and native rights, then to make your servants your Masters, or so to own them: as to let your Stewards, have absolute command over you, and all you have; who by the duty of their places are to give you an account of what they have done for you, and how they have disposed that they have already had of you: Thus much for the opening of the Petition: And now I will shew you the illegality, inequality, and ill consequences thereof, if yee be so fond as to subscribe the same, and proceed therein.

1. For the illegallity: That which is to go under the name of a County or Corporation ought to be first publickly propounded to all the Inhabitants of that County or Corporation, that there may be a generall meeting, debate, & consultation about the matter intended, and to be concluded, by & among themselves: Otherwise it is clandestine, and surruptitious comprehending rather faction, then publick concurrence & therefore may justly be rejected: And such is this Petition, For it was never publickly propounded, nor debated, or consulted by the Inhabitants of the County of Essex, but was (as manifestly appears) secretly devised, and framed by a private party, of Lords and Commons, yea, and ready printed, before the matter was either made known or published among you; and then it was sent down to the Ministers to publish on the fourth of this instant moneth, with order to take your subscriptions in two sheetes of paper, now is not here an obtrusion on your priviledges and immunities, and an illegall, unjust and indirect course used, both in the framing of this petition, and getting your subscriptions? (even just such meanes as Parliament men, use in the elections of new members) and therefore it is not to be accepted, but the contrivers ought rather to be found out and punished; and again it wants one qualification, which is especially requisite in all Petitions, and much more in such as concerns the publick, and are presented to the Parliament, that is necessity of the thing desired, but this is not petitio nessec[Editor: illegible word], a necessary petition for, if the Parliament intend his Army (as they say) for Ireland it is much more necessary to keep them in a body intire, then to disband them; for then they will disperse, and most will depart to their own homes, and never goe upon the service: and in case they doe nor intend or [Editor: illegible word] shall goe for Ireland, then it is as needfull to keep them together, for seeing that the Parliament doe conclude that there is yet a necessity of keeping up an Army still within this Kingdome, is it not better (I pray you) to have this Army which we know, and of whose fidelity and Christian behaviour we have hade such sufficient experiment continued, then a new Army raised, of I know not whom and what? It may be of such as the generall part of the Earle of Essexes, or Massies Brigade, and others were; whose ill manners, besides other unseen all consequences yee wil unhappily find to be a mountain to your backs in comparison of the present Mole hill quarterings.

And now for the inequality of this Petition : it containes mighty earnest desires to have this Army speedily disbanded, seems to complain greatly of their quartering but never moves or mentions one word that their arreares may be paid them, or that from henceforth more constant pay may be made them, that so they may for the future pay their [Editor: illegible word] better. Have they deserved for all they have done Country-men) for you, and the whole Kingdome, no better reward, then to be disbanded and turned off with nothing? What not so much as their due (the price of their lives) for preserving of yours? Is this equall? Are yee also unjust and ingratfull? Aske your daily Thresher, your plow-man, and dayes Labourer if they will be contented with the like dealing? A bad accompence; yet, let them be, comforted. God is their [Editor: illegible word] and their great reward.

As for the evill consequences of this Petition (or of the like) incase yee should persist and proceed therein, and that it should (as it ought not to) be granted, they are many and more then I, or you, or the most part of this blind Kingdome, doth or can fore-see or apprehend but I will only hint at one head or two, and so commend all to the judgements of the world and your consideration.

By all appearances (and to me it is visible) that there is a strong endevour and designe by a company of false, traiterous, and deceitfull men; in both Houses of Parliament, and of proud, coveteous Priests, who have combined in one, for the accomplishment of their owne domination & power over us, suddenly to inthrall & inslave us; that so they may keep their abominable actions from being questioned, and themselves from deserved shame and justice, and there is no let for them in the way to it but this Army, the which they know right well will not be corrupted, but doth expect to have their Oathes and Declarations fulfilled, and therefore doe these ill men work by all means possibly to disband and dissolve it, and in particular by the contriving and sending you this Petition to own and subscribe, that they may take thereby a seeming just cause, as desired of the Country, to proceed in their distructive purpose, the which if they can bring to passe, then will they raise up an Army of wicked men, ready, and reserved for that end, which shall be a standing Army for their defence, in the execution of all their injustice and oppressions, and by the helpe of the inland Garrisons (whereof I am sure there is now no need) will they tyrannize (not like Lords and Kings, but worse then either great Turke, or grim Tarter) over us: and and where then I pray, is our Lawes and our liberties, for which this Army hath fought; and which they have redeemed for us with their sword, and for which we have paid so deare? And thus yee will have the last clause of the Petition fulfilled really, to your sorrow and woe; for yee shall not more be ruled by a known Law, as free men of England, but curbed and governed by the sword, as the Peasants be of France, and the inslaved Bores of Flanders who indeed (as your Petition is) are wholly and all they have at their lawlesse Masters dispose, Nay they will not tyrannize over your bodies only, but your soules also; for then you must put on the Presbyterian yoake; it is already so agreed between them and our dear Brethren of Scotland, and because they cannot otherwise set up amongst us that antichristian inslaving government, they will doe it by the sword, and so we shall have a Religion established, as Mahomet established his Alchoran, for if yee will not obey, yee must expect either smart, pecuniary punishment, or destroying, imprisonment: and yee may see the proud Priests footing even in this Petition: is it not commended unto them, and are not they to attempt you on a sudden, and to surprise your judgements by fained words and speeches? and I beleeve you see not their end in it, it is because they know that this Army is generally an enemy to their pride, and pompous Lordly livings, crying down their Diana, their Tyth-monging and unlawfull calling, wheresoever they come, whereby their trade (for so they make their preaching only and alone to be) is in danger to be set at naught; and it is by their craft (as Demetrius said) that they get their wealth, and therefore would they stir up you, under the pretence that the quartering of the Army, is a burden to you, to Petition to have them disbanded, at least to have them removed.

But I hope Country-men yee are more wise, then to be acted by other mens councels, to father a child that is none of your own, that was formed, borne, and brought forth, before it came to your knowledge or sight: can any man tell better then your selves, where your shooe pincheth you, and what is most expedient for you to doe? Never render your selves so rediculous, as to be led like children and fooles by the nose; to be made stalking horses for other mens designes, whose interests are dissonant, and inconsistant with yours.

As for this poor Army, what evill hath it done, wherein hath it so highly offended? for which of all its good deeds is it so oppressed, despised, hated, and persecuted? Is it (when all others falsified) for proving faithfull, or for accomplishing your deliverance, beyond your own faith or expectation) in so short a time: pardon them these offences, another Nation would doe it, and hold them dear, their very enemies cannot but justifie them, and yet so great is their malice towards them, that because they petitioned the House but for their Arrears, an act of indempnity to save them harmelesse, a more constant pay, that they might be able to pay their quarters, and some few other most just and reasonable things; they unjustly declared against them in print, as mutinous, and obstructers to the releife of Ireland, wheras (God knowes) there are many thousands spare Soldiers besides in this Kingdome, whom they might if they would) send thither.

And when their Officers, Lieutenent generall Hamond, Commissary Ireton, and others appealed to the House: and desired that these malicious suggestions might be proved, or the Authors punished, and the Army vindicated; they could not obtain so much as civill right, as the authors of these false aspertions which were Rossiter and Harley) to be called forth; an act both base and shamefull but what is to be expected, where justice is fortified with impudence.

One word more to you sweet men of Essex. Whose poultery hath this Army destroyed? whose goods have they spoyled, or whose sheep or calves have they stolne, or whose persons have they confronted, terrified or abused in their Houses, or what markets have they hindred by robbing of passengers, and infesting the roades and high wayes, as too many others yee know who have been lesse provoked, have done? If none of this be done, what just cause then have yee, I say yee, more then all other Counties, where they have been, to complain or petition against them? I could tell you: that yee have every man sat at home under his Vine, and under his fig tree with full tables in peace and safety, when these poor soules have been in the field in the face of death, in frost, snow, rain, cold, heat, wet, and dirt, by day, by night, in hunger and thirst, to keep back from you, and to suppresse the fury of your bloodthirsty enemies: and can you, or any christian man think on this, and so ill reward this precious Army? In reason it is impossible, but experience proves the contrary, so full of bitternesse, rage and malice, hath the Devill filled the hearts of some men against them; but of you I have better hopes, presuming that yee will not be so easily removed from your own steadfastnesse, nor be perswaded through the deluding subtilty of any, to act in the least against those, who have indured so many difficulties, passed so many perrils, obtained so many victories, and never accounted their own lives deare unto them for your sakes. Whatsoever others may doe, either, through ignorance or malice, yet let it not be said, that the County of Essex (a County that hath alwaies been esteemed prudent and religious) did shew it selfe ingratfull or despightfull to the preservers both of their religion and lives.

Truly in my thoughts this Army can never be enough requited, for doe wee not at this day, (next under God) by them enjoy all wee have? Have not they subdued our enemies, and removed our feares, and caused us to dwell in safety? And are not they a contented, patient, well governed people, can you say that God is not amongst them? then certainly they that hate and despite them are of the Devill.

For my part (Country-men and all others whom it may concern) I hold nothing more expedient for you, and me, and all true English men (seeing the publick adversary is subdued, and our Parliament so averse, and indisposed to do us justice and establish our liberties) then to petition forthwith effectually, to have justice speedily, and impartially executed, and our Lawes and liberties established, and a just account rendered of all the monies they have received: and without question when these just things are done, the Army will of its own accord cease and lay down. I account this that unum Necessarium, that one necessary thing, which is now principally to be minded in the Kingdome, & not to petition about quarterings, and removings, and preachings, and places, and any thing indeed, rather then this very, only thing, without which all other our outward enjoyments are nothing, was but one thing done (Law, and liberty established) the wheels of our State would goe easily, commands would be pleasant, discontents would be removed, injustice, oppression and Treason would be banished, and supplanting dividing spirits would be utterly disappointed. In the meane time till this be done, it is the best and only way for the Countries and free commoners of England, to preserve this Army in power and being, and to petition that it may still stand and be continued, and that others (rather then it) may be sent into Ireland, that so in case these just demands be denied, contrary to duty, Oath and Covenant, the poore Commons may have a shelter and defence to secure them from oppression and violence, and his Excellency and every Soldier under him by the duty of his place, and vertue of the Protestation, is bound thereunto. Who knoweth whether wee may not yet have as great need of this Army, as we have ever had? For it is evident and all men may see, that our native rights and liberties are now in more hazard, then they were at the first, and that we are more in jeoperdy, of them by a close trayterous party (our pretended friends) then wee were by our publick professed foes. And our greatest, and most dangerous enemies, are now they of our own House.

Sweet friends, I am a meer stranger to you, but one that am a true lover of my Country, and therefore thought good, as a Member of the same body politicke with you, to give you a few animadversions, with some cautions, and observations; concerning the subtill and deceitfull, dissembled practises, wherewith your homebred adversaries, goe about to make you instruments of your own misery and mischief. And lastly, mark this I beseech you and consider it seriously.

Why cannot the Parliament as well send over those Officers and Soldiers they have intended for a new Army here, to serve in Ireland, as these of this Army? Can they give the Kingdome a satisfying reason? It is more then I and many more can apprehend, if they can: But if here ly not a deep mistery, no better then close treacherie. I am grosly mistaken. Let none therefore so farre delude you, as to draw you to petition for the disbanding of this Army, no, both for your honour and security, discountenance and disclaime it and all such practises and conspiracies against it, for such deeds will favour more of ignorance, malice and invie then of any prudence, justnesse, or necessity, and whereas in the close of the Petition, it is said that the disbanding of this Army is a plenary expedient against the worst in generall that may be feared, let them by no meanes under pretence of benefit, ease, or advantage, deceive you, for it is apparent, and will yet be made more manifest that the disbanding, or otherwise dissolving of this Army, is the only plenary expedient to render us Vassals and slaves, to the will of our enemies, and to bring upon us the worst of miseries, and that suddenly and insensibly, for alasse we are at the pit brinke, and see not.

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.

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.

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.

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.

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.

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

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.

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.