Tracts on Liberty by the Levellers and their Critics Vol. 6 (1649) (2nd ed)
Tracts on Liberty by the Levellers and their Critics, Volume 6 (1649) (2nd. revised and enlarged Edition)
[Note: This is a work in progress]
Revised: 26 May, 2018 - 53 titles, of which
- 27 are corrected titles from 1st ed.;
- 5 titles from Malcolm collection; 3 Milton texts
- 13 additional titles from LT9 and 3 from LT10 (of which 12 still need to be corrected)
Note: As corrections are made to the files, they will be made here first (the “Pages” section of the OLL </pages/leveller-tracts-summary>) and then when completed the entire volume will be added to the main OLL collection (the “Titles” section of the OLL) </titles/2595>.
- Tracts which have not yet been corrected are indicated [UNCORRECTED] and the illegible words are marked as &illegible;. Some tracts have hundreds of illegible words and characters.
- As they are corrected against the facsimile version we indicate it with the date [CORRECTED - 03.03.16]. Where the text cannot be deciphered it is marked [Editor: illegible word].
- When a tract is composed of separate parts we indicate this where possible in the Table of Contents.
For more information see:
- Summary of the Leveller Tracts Project </pages/leveller-tracts-summary>
- The Complete Table of Contents </pages/leveller-tracts-table-of-contents>
Table of Contents
-
Introductory Matter (to be added later)
- Introduction to the Series
- Publishing and Biographical Information
- Copyright and Fair Use Statement
-
Editorial Matter (to be added later)
- Editor’s Introduction to Volume 7 (1650-60)
- Chronology of Key Events
- Tracts in Volume 6 (1649)
- [CORRECTED - 24.04.18 - 1 illegible] T.173 (9.35) Marchamont Nedham, The Great Feast at the Sheep-shearing of the City and Citizens (1649).
- [UNCORRECTED - 1627 illegibles] T.176 (10.15) [Richard Overton], The Moderate (December 1648 - January 1649).
- no. 21 (Nov. 28 to Dec. 5, 1648) to no. 33 (Feb. 20-27, 1649)
- [RE-CORRECTED - 24.04.18] T.288 (M8) John Goodwin, Right and Might Well mett (1 Jan., 1649).
- [UNCORRECTED - 17 illegibles] T.177 (9.36) Anon., The Peoples Right briefly Asserted (15 January, 1649).
- [CORRECTED- 0 illegibles] T.178 (6.1) Anon., The humble Petition of firm and constant Friends to the Parliament (19 January 1649).
- [CORRECTED- 0 illegibles] T.179 (6.2) John Rushworth, A Petition concerning the Draught of an Agreement of the People (20 January 1649).
- To the honorable the Commons of England in Parliament assembled; The humble Petition of his Excellency Thomas Lord Fairfax, and the General Councel of Officers of the Army under his Command
- AN AGREEMENT OF THE PEOPLE OF ENGLAND, And the places therewith INCORPORATED
- A Declaration of the Generall Councell of Officers of the Army
- [PREVIOUSLY CORRECTED - NEED TO RECHECK] T.271 John Milton, The Tenure of Kings and Magistrates (Feb., 1649).
- [CORRECTED - 20.04.2018 - 11 illegibles] T.180 (9.37) John Warr, The Priviledges of the People, or Principles of Common Right and Freedome (5 February, 1649).
- [UNCORRECTED - 86 illegibles] T.181 (9.38) John Canne, The Golden Rule, or Justice Advanced (16 February, 1649).
- [CORRECTED- 0 illegibles] T.182 (6.3) John Lilburne, Englands New Chains Discovered (26 February 1649).
- [UNCORRECTED - 12 illegibles] T.183 (9.39) [W.J.], A Dissection of all Governments (1 March, 1649).
- [CORRECTED- 0 illegibles] T.184 (6.4) [William Walwyn], The Vanitie of the present Churches (12 March 1649).
- [CORRECTED- 0 illegibles] T.185 (6.5) [Signed by Robert Ward, Thomas Watfon, Simon Graunt, George Jellis, William Sawyer (or 5 “Beagles”), but attributed to Richard Overton or John Lilburne], The Hunting of the Foxes (21 March 1649).
- The Hunting of the Foxes, etc.
- To his Excellency Tho. Lord Fairfax, and his Councel of Officers
- The Examination and Answers of ROBERT WARD, before the Court Martiall, March 3. 1648 (and others)
- To the Supreme Authority of the Nation, The Commons assembled in Parliament: The humble Petition of the Souldiery under the Conduct of THO. Lord FAIRFAX. (24 March, 1649)
- [PREVIOUSLY CORRECTED - NEED TO RECHECK] T.289 [1649.03.22] (M10) A Declaration of the Parliament of England (22 March, 1649).
- [CORRECTED- 0 illegibles] T.186 (6.6) [John Lilburne], The Second Part of Englands New-Chaines Discovered (24 March 1649).
- [CORRECTED- 0 illegibles] T.187 (6.7) John Lilburne, Thomas Prince, Richard Overton, The Picture of the Councel of State (4 April, 1649).
- John Bradshaw, The Narrative of the proceedings against Lieut. Coll. John Lilburn
- Lilburn, To the Lieut. of the Tower of London.
- Lilburn, Postscript
- Overton, The Proceedings of the Councel of State against Richard Overton, now prisoner in the Tower of London
- Postscript
- Prince, The Narrative of the Proceedings against Mr Thomas Prince
- [CORRECTED- 0 illegibles] T.188 (6.8) [William Walwyn], The English Souldiers Standard (5 April 1649).
- [CORRECTED- 0 illegibles] T.189 (6.9) [Signed by John Lilburn, William Walwyn, Thomas Price, Richard Overton, sometimes attributed mainly to Walwyn], A Manifestation from Lieutenant Col. John Lilburn et al. (14 April 1649).
- [CORRECTED- 0 illegibles] T.174 (6.26) Gerrard Winstanley, et al., The True Levellers Standard Advanced (20 April, 1649).
- Introduction by John Taylor
- Main text: A Declaration to the Powers of England (on digging up George-Hill in Surrey)
- [CORRECTED- 0 illegibles] T.190 (6.10) [John Prince], Walwyns Wiles: Or The manifesters Manifested (23 April 1649).
- The Epistle Dedicatory: To the Noble and Successful Englands Army, Under The Command of his Excellency Thomas Lord General Fairfax
- Walwyns Wiles: or The Manifestators Manifested
- Postscript
- [PREVIOUSLY CORRECTED - NEED TO RECHECK] T.290 [1649.04.25] (M11) Francis Rous, The Lawfulness Of obeying the Present Government (25 April, 1649).
- [PREVIOUSLY CORRECTED - NEED TO RECHECK] T.272 John Milton, Observations upon the Articles of Peace with the Irish Rebels (May, 1649).
- [CORRECTED- 0 illegibles] T.191 (6.11) John Lilburne, William Walwyn, Thomas Prince, Richard Overton, An Agreement of the Free People of England (1 May 1649).
- A Preparative to all sorts of people
- The Agreement it selfe
- [CORRECTED- 5 illegibles] T.192 (6.12) Robert Lockier, John Lilburne, and Richard Overton, The Army’s Martyr (4 May 1649).
- The Army’s Martyr
- To his Excellency Thomas Lord FAIRFAX Generall of the English Forces, The humble addresses of divers well affected persons, in behalfe of all those that are under restraint or censure of the Councel of War, or Law-Martiall
- The Copy of a Letter written to the Generall, from Lieut. Col. Jo. Lilburn and M. Rich. Overton, Arbitrary and Aristocratical prisoners in the Tower of London, the 27 of April 1649, in behalf of Mr. Robert Lockier
- The Postscript to the Reader
- [CORRECTED- 0 illegibles] T.175 (6.27) Anon., The humble Petition of divers wel-affected Women (5 May, 1649).
- [UNCORRECTED - 69 illegibles] T.193 (9.40) Robert Bennet, King Charles Triall Justified (9 May, 1649).
- The sum of the Charge at the Sessions held at Trewroe Aprill 3. 1649. for the County of Cornwall.
- To the Religious and Honorable Sir Waller Knight, Commander in Chief of all the Western Forces and Garisons.
- [CORRECTED- 2 illegibles] T.194 ] (6.13) Oliver Cromwell, The Declaration of Lieutenant Generall Crumwel Concerning the Levellers (14 May 1649).
- The Declaration of Lieutenant Generall Crumwel Concerning the Levellers
- Humphrey Brooke, The Levellers new and ultimate proposals (28 May, 1649)
- [CORRECTED- 0 illegibles] T.195 (6.14) [Humphrey Brooke], The Charity of Church-men (28 May 1649).
- [CORRECTED- 0 illegibles] T.196 (6.15) William Walwyn, The Fountain of Slaunder Discovered (30 May 1649).
- [CORRECTED- 148 illegibles] T.197 (6.16) John Lilburne, The Legall Fundamentall Liberties of the People of England Revived, Asserted, and Vindicated (8 June 1649).
- Introduction
- The Plea it self
- (Other material)
- The Act Anno XVII Caroli Regis
- (other material)
- The printer to the Reader
- [CORRECTED - 23.04.18 - 114 illegibles] T.198 (9.41) John Warr, The Corruption and Deficiency of the Lawes of England (11 June, 1649).
- [UNCORRECTED - 104 illegibles] T.199 (9.42) Anon., The Levellers New Remonstance (15 June, 1649).
- [CORRECTED- 2 illegibles] T.200 (6.17) Thomas Prince, The Silken Independents Snare Broken (20 June 1649).
- [PREVIOUSLY CORRECTED - NEED TO RECHECK] T.291 [1649.06.22] (M12) Anonymous, The Grand Case of Conscience stated about Submission to the new and present Power (22 June 1649).
- [CORRECTED- 0 illegibles] T.201 (6.18) William Walwyn, Walwyns Just Defence (June/July 1649).
- Reasons Assigned
- Postscript
- [CORRECTED- 23 illegibles] T.202 (6.19) Richard Overton, Overton’s Defyance of the Act of Pardon (2 July 1649).
- [CORRECTED- 51 illegibles] T.203 (6.20) William Prynne, A Legall Vindication Of the Liberties of England (16 July 1649).
- [CORRECTED- 0 illegibles] T.204 (6.21) Richard Overton, The Baiting of the Great Bull of Bashan (16 July 1649).
- [UNCORRECTED - 196 illegibles] T.205 (9.43) William Bray, Innocency and the Blood of the slain Souldiers, and People (17 July, 1649).
- A LETTER To an Eight yeers SPEAKER OF THE House of Commons
- Letter from Major Reynolds to go for Orders for quarters
- [UNCORRECTED - 48 illegibles] T.206 (9.44) Richard Overton, A New Bull-Bayting: or, A Match Play’d at the Town-Bull of Ely (7 August, 1647).
- [CORRECTED- 46 illegibles] T.207 (6.22) John Lilburne, An Impeachment of High Treason against Oliver Cromwel, and his Son in Law Henry Ireton Esquires (10 August 1649).
- The Author to the Courteous Reader.
- To all the Affectors and Approvers in England, of the London Petition of the eleventh of September, 1648
- TO His honored Friend, Mr. Cornelius Holland, These
- My Prayer
- Copy of Petition: To the Supream Authority of England, the Commons assembled in PARLIAMENT. The earnest Petition of many Free-people of this Nation ("THat the devouring fire of the Lords wrath")
- Sundry REASONS inducing Major ROBERT HUNTINGTON to lay down his Commission, Humbly presented to the Honourable Houses of Parliament, 2 August, 1648
- To the Honorable the chosen and betrusted Knights, Citizens, and Burgesses assembled in PARLIAMENT: The humble Petition of divers wel-affected Free-born people of England, inhabiting in and about East-Smithfield and Wapping, and other parts adjacent
- The CHARGE of the Commons of England, against CHARLES STUART King of England, Of high Treason, and other high Crimes, exhibited to the High Court of Justice, Saturday the 20 of January, 1648(49)
- [UNCORRECTED - 880 illegibles] T.208 (10.16) John Lilburne, A Preparative to an Hue and Cry (18 August, 1649).
- Letter to his uncle George Lilburn (18 Aug. 1649)
- Letters of Tho. Verney
- The Humble Remonstrance of Lilburn (4 Sept., 1648)
- An Ordinance of the Lords and Commons Assembled (18 April, 1638)
- Articles of High Treason
- [CORRECTED- 0 illegibles] T.209 (6.23) Six Soldiers (John Wood, Robert Everard, Hugh Hurst, Humphrey Marston, William Hutchinson, James Carpe), The Levellers (falsely so called) Vindicated (20 August 1649).
- [UNCORRECTED - 0 illegibles] T.210 (9.45) James Frieze, Why not? Eight queries made to the Parliament (22 August, 1649).
- [CORRECTED- 0 illegibles] T.211 (6.24) [Signed by several but attributed to John Lilburne], An Outcry of the Youngmen and Apprentices of London (29 August 1649).
- Letter
- To the supreme Authority of this Nation, the Commons of England assembled in Parliament: The humble Petition of the oppressed of the County of Surrey, which have cast in their Mite into the Treasury of this Common-wealth
- [UNCORRECTED - 153 illegibles] T.212 (9.46) Gerrard Winstanley, A Watch-word to the City of London (10 September, 1649).
- [CORRECTED - 0 illegibles] T.213 (9.47) Anon., The Remonstrance of many Thousands of the Free-People of England (21 September, 1649).
- [PREVIOUSLY CORRECTED - NEED TO RECHECK] T.273 John Milton, Eikonoklastes (Oct., 1649).
- [UNCORRECTED - 388 illegibles] T.214 (10.17) John Lilburne, Strength Out of Weaknesse (19 October, 1649).
- Letter to John Wood (30 Sept., 1649)
- For my honored Friend Col. Alexander Rigby (24 Aug., 1649)
- Postscript
- [move from vol. 7??] [UNCORRECTED - 0 illegibles] T.256 (7.39) William Bray, A Plea for the Peoples Good Old Cause (2nd ed., 17 October, 1659; 1st ed. 24 Oct., 1649).
- [CORRECTED- 0 illegibles] T.215 (6.25) John Lilburne, Truths Victory over Tyrants and Tyranny (16 November 1649).
- Truths Victory over Tyrants and Tyranny
- A Copy of a Warrant, sent from the Councel of State, for the Releasement of Lievtenant Colonel Iohn Lilburne from his Imprisonment in the TOWER
- [CORRECTED - 243 illegibles] T.216 (7.1) Richard Hollingworth,, An Exercitation concerning Usurped Powers (18 December, 1649/1650).
- [PREVIOUSLY CORRECTED - NEED TO RECHECK] T.292 [1649.12.20] (M13) George Lawson, Conscience Puzzel’d About (20 Dec., 1649).
- Endnotes
Introductory Matter↩
[Insert here]:
- intro image and quote
- Publishing History
- Introduction to the Series
- Publishing and Biographical Infromation
- Key to the Naming and Numbering of the Tracts
- Copyright and Fair Use Statement
- Further Reading and info
Key (revised 21 April 2016)↩
T.78 [1646.10.12] (3.18) Richard Overton, An Arrow against all Tyrants and Tyranny (12 October 1646).
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Copyright and Fair Use Statement↩
The texts are in the public domain.
This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section, this material may be used freely for educational and academic purposes. It may not be used in any way for profit.
Editorial Matter↩
[Insert here]:
- Editor’s Introduction to this volume
- Chronology of Key Events (common to all volumes)
Tracts from 1649 (Volume 6)
T.173 (9.35) Marchamont Nedham, The Great Feast at the Sheep-shearing of the City and Citizens (1649).↩
Editing History:- Illegibles corrected: HTML (24.04.2018)
- Illegibles corrected: XML (24.04.18)
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- Draft online: date
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Bibliographical Information
ID NumberT.173 [1649. ??] (9.35) Marchamont Nedham, The Great Feast at the Sheep-shearing of the City and Citizens (1649).
Full titleMarchamont Nedham, The Great Feast at the Sheep-shearing of the City and Citizens, on the 7th. of Iune last: Consecrated for an Holy Thursday in Memorandum of St. Thomas, and St. Oliver; Solemnly holden at the Grocers Hall, London, 1649. To the Tone or Garb of the Counter Scuffle.
Printed in the Yeare, 1649.
c. 1649 (no month specified).
Thomason Tracts Catalog informationNot listed in TT.
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
The great Feast, at the Sheep-shearing of the City and Citizens, on Thursday the 7. of Iune last.
MY Reader must not here suppose
That I will waste good Verse or Prose
On Fairfax face, or Cromwels nose,
Or Atkins savoury breech;
Nor Skippen (that almighty Major)
Or Ireton (Commissary Rager)
Nor will I write (I’le lay a wager)
Like Pembroks Learned speech.
The famous Acts of Noble Hero’s,
Great Englands brave Renowned Nero’s,
And all their Stout Biberius Mero’s
Behold their entertainment;
And if with patience you will read,
(If God be pleas’d to send good speed)
’Tis thought the fates are all agreed
To further their araignment.
Now for the Feast, I hold it fit,
(Although my selfe had not a bit)
That something of it should be writ
For after imitation;
Therefore I’le shew the cause wherefore
This Feast was eate, payd for, and more,
And not one penny set oth’ score,
(A worthy commendation.)
These costs were spent to cannonize
Those mighty mortall Dieties,
Then stroak your beards, and wipe your eyes
If you’l behold their splendor;
Then (Ecce signum) these are they
Who layd King Charles as cold as clay,
And by that Act most fit they may
Be call’d no Faiths Defendor.
These Worthies have fought for the Cause,
For our Religion, Lives, and Laws,
And set us free from Tyrants claws,
Now truth and right beares sway:
All Taxes now are layd aside,
Plenty of all things, far and wide
Folkes may in peace, both go or ride,
The cleane contrary way.
These, these are they, whose Noble Actions
Purg’d Church and State from putrifactions,
Cur’d our distempers and distractions.
And set us all in quiet:
And have they done for us all this,
As th’ only Authors of our blisse,
We held it therefore not amisse
To give them some good diet:
True Citizens, are Cities sons,
Whose wit and coine, in plenty runs,
Their hogsheads empty many tuns,
They are such kinde of folks;
For all our troubles they are grac’d,
And in the formost rancks are plac’d,
And all true Pallats them do taste
Like Eggs that have no yolks.
This Army, and this Parliament,
Hath been th’ Appointed instrument
To save them all from detriment
By cowing of their courage.
They kisse the rod, and love the threaters,
They are enamourd of their cheaters,
And humbly beg them to be eaters
Of Venison, Wine, and Burrage.
But for this feasts great preparation,
And how ’twas kept with Acclamation,
I will not wrong your expectation
With more delayes or fables.
They all prepar’d to cleanse their sinne
By Owens Preach, and Tom Goodwin,
In Christ Church which hath never been
Like other Churches stables.
But Christ Church was for other beasts
Then Horses, or horn wanting creasts,
Though Bucks or Stagges be at the feasts,
Yet sure there were not any.
There might be Athiests there perhaps
(Who fear not Heavens great thunder claps)
Nor think hells all devouring chaps
Will swallow half so many.
Yet at these Preachments and sweet prayers
There were Beasts, Tygers, Wolves and Beares,
And greedy dogs with prick’d up eares,
But not one Royall Lion:
Some asses and some crafty Foxes,
Who hide stolne treasure in their boxes,
And some that plea’d their dells and Doxeys
With musick like Arion.
The Preachers very zealously
Mock’d God (with thanks for victory,
And Popham came triumphantly
Well beaten from Kinsale.
But after three houres long digressings,
The Levites salved all Trangressings,
And gave them Independent blessings
By whole sale and Retale.
The Pomp of these most Pompous sinners
From Heavenly food to Earthly dinners,
Gaz’d on by Oyster wives and Spinners,
And Porters in abowndance.
Fine silken fools, brave golden gulls,
Some modest maids, some shamelesse Trulls,
And Trumpeters neere split their sculls
With noise would make a Hownd dance.
The Marshall mounted on his Steed
(With care Prudentiall, and good heed)
Usher’d the Heard where they might feed,
Of people made two hedges:
Next whom the Grocers Livery men,
The Common Councell followed then,
Which all appeared (to my ken)
Like Beetles, Blocks, and Wedges.
The Officers and Squires before,
(With needlesse creatures many more)
And one a Cap of Maintenance wore,
And in his hand a sword,
Which never man in anger drew;
For had they drawn it just and true,
Then never had the damned crue
Destroy’d our Soveraigne Lord.
Next that the Mayor of London rode,
His Horse and He had each their Load
Whose Lordships both, gave many a nod
To people as he passes.
His Scarlet gown his back did beare,
And ’bout his neck he then did weare,
A bunch of Jewells rich and deare,
Hang’d in a collar of Asses.
The City musick sweetly fidled,
And Bells (in Changes) rung and ridled,
Whilst on their Palfries they down didled
Through Cheapsides famous street.
I tell you that the like was n’er
Since Williams raigne (the Conquerere)
And ne’r will be the like I feare,
’Tis better fortune greet.
Then follow’d Englands Pompey (Tom)
And his Commander (Well com Crom)
Whose sights the people (thither com)
With foure houres stay expected,
But they with th’ Speaker and the Mace,
Disdain’d the multitude to grace
With one good glance of one good face.
Which made them disaffected.
For some said Toms was black and blue,
And Nols was of a crimson hue,
And each of them lookt like a Jew
That murdered had their Christ.
For sure they can have no excuse
For their inhumane base abuse.
Their Kings and good mens blood to sluce,
The Dee’l them all entis’d.
Thus they in triumph past along
Through deere Cheapeside, and all the throng,
Whilst thousand curses was the song
Which blest them as they went;
At Grocers Hall, they grocely fed,
With which their paunches out were spread,
Whilst thousands starve for want of bread,
Let’s thanke the Parliament.
Neere forty Bucks, these Holy Ones
Devour’d, and left the dogs the bones,
And Musick grac’d with Tunes and Tones,
This Bacchanalian Feast:
And after that, a Banquet came
Of sweet meates of rare forme and frame,
Of Castles, Towres, and Forts of Fame,
More then can be exprest.
But one thing now to minde I call,
They lackt a Marchpane like White-Hall,
’Fore which a Scaffold square and tall,
And on it a good King;
And there his head to be off chop’d,
And all his Branches bravely lop’d,
How three great Kingdomes blisse was crop’d;
This had been a fine thing.
Thus with the Ordnance thundring rore,
My mute is mute, I must give ore,
Whilst Englands woes good men deplore.
Whilst Tyrants feast with joy;
But I desire, that every one
Would humbly pray to God alone
To set the second Charles on’s Throne,
And all our Griefes destroy.
FINIS.
T.176 (10.15) [Richard Overton], The Moderate (December 1648 - January 1649).↩
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Bibliographical Information
ID NumberT.176 [1649.01] (10.15) [Richard Overton], The Moderate (December 1648 - January 1649).
- no. 21 (Nov. 28 to Dec. 5, 1648) to no. 33 (Feb. 20-27, 1649)
The Moderate: Impartially communicating Martial Affaires to the Kingdome of England.
Estimated date of publicationNo. 21 From Tuesday Novemb. 28. to Tuesday December 5. 1648; to No. 33 From Tuesday February 20. to Tuesday February 27. 1649.
Thomason Tracts Catalog informationTT2, pp. 404–5; E. 475–477, 536–540; 541–543, 545.
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
Text goes here
The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.
From Tuesday Novemb. 28. to Tuesday December 5. 1648.
I Finde, amongst earthly comforts and blessings, that a good Prince Is Marshalled in the Van, and takes priority of all the rest, being clothed with Honour, Love, and Soveraign Splendor; and an evill Prince in the Reer, as the heavyest of all Plagues, and greatest of all Judgements upon earth, bringing desolation, and generall destruction whereever he raigneth, and therefore as the whole Body is of more authority then the only Head, and may cure the Head if it be out of tune; so may the weal-publike cure or purge their Heads, if they insect the rest, seeing that a body Civill may have divers Heads, and is not bound ever to one, as a Body naturall is; which body naturall, if it had the same ability, that when it had an aking, or sickly head, it could cut it off, and take another, I doubt not but it would so do, and that all men would confesse it had authority sufficient, and reason to do the same, rather then all the other parts should perish, or live in pain, or continuall torment: But much more clear it is, That all Common wealths have in all Ages lawfully chastised their lawfull Princes, though never so lawfully descended (as the people now say) or otherwise lawfully put in possession of their Crown: And (which is most remarkable) this hath alwayes, or for the most part fallen out most commodious and profitable, for those Common wealths have been crowned with blessings from heaven by the good successe, and successors that ensued hereof.
The points held forth are high, and the Reader expects proof hereof, which I shall do, with as much brevity as may be, and first I shall prove it by Scripture: I finde in 1 Kings 31. and 4 Kings 21 & 44. That two wicked Kings, Saul and Ammon (though both of them were lawfully placed in that dignity) were lawfully deprived, and put to death by the people; and did not God afterwards bring in David and Josias in their rooms, who were the two most excellent Princes that ever that Nation, or any other (I think) have had to govern them.
And first, King Saul, though he were elected by God to that Royall Throne, yet was he slain by the Philistimes, by Gods order, as it was foretold him, for his disobedience, and not fulfilling the Law, and limits prescribed unto him.
Ammon was a lawfull King also, and that by naturall descent and succession, for he was son and heir to King Manastes, whom he succeeded, and yet was he lawfully slain by his own people, Quia non ambulavit in via Domini, because he walked not in the wayes prescribed unto him by God. And for those two good Kings that succeeded them, we reade Jasias did that which was right in the fight of God, neither did he decline unto the right or the lese: And David likewise we finde to be a man after Gods own heart.
And now if we will leave the Hebrews, and return to the Romans, we shall finde divers things notable in that State also, to the people thereof; For before &illegible; their first King, having by little and little declined into Tyrannie, he was stain, and cut in pieces by the Senate, Hallib. 1. and in his place was chosen Numa Pompulius, the notablest King that ever they had, who prescribed all their manner of Sacrifices, imitating therein and in divers other points, the Rites and Ceremonies of the &illegible; he began also the building of their Capitol, adding the two moneths of January and February to the year and other notable things for that Common-wealth. Again, when Tarquinim the proud, their seventh and last King, was expelled by the Senate for his cruell Government, and the whole manner of Government changed: We see the &illegible; was prosperous, so that only no hurt came thereby to the Common-wealth, but exceeding much good; their government and increase of the Empire was prosperous, under their &illegible; for many years, in such sort, that whereas at the end of their Kings Government they had but fifteen miles teritory without their City, it is known, that when their Consuls government ended, and was changed by Julius &illegible; their territory reached near fifteen thousand miles in compasse, for that they had not only all Europe under their Dominion, but the principall parts of all Asia, and Africa, so as this chastisement, so iustly laid upon their Kings, was profitable, and beneficiall to their Common-wealth.
When Julius &illegible; upon particular ambition, had broken all Law, both Humane, and Divine, and taken all Government into his hands alone he was, in revenge hereof, stain by Senators in the Senate house, and &illegible; Augustus preferred in his room, who proved afterwards the most famous Emperour that ever was.
The like may be said of the Noble Ranke of the five excellent good Emperours; wit. Nervs, Trajun, Adrlan, &illegible; &illegible; and Marcus Aurelius, that insued in the Empire by the just death of cruell Domitian, Europ. in vitz Casa.
The two famous changes that have been made of the royall Line in France; The first from the Race of Farmond and &illegible; to the Line of Pepin; And the second from the Race of Pepin againe, to the Line of Huge Capetus, that endureth unto this day.
Step over now the Pireny Mountaines, and look into Spaine, and there you shall finde a lawfull King, named &illegible; &illegible; puld downe and deprived, both he and his posterity, in the fourth Councell Nationall of Taledo, and one &illegible; confirmed in his place. Likewise one Don Alanso, the eleventh of that name, for his evill government and tyranny was deposed by his Kingdome.
What should I name here the deposition made of Princes in our dayes by other Common-wealths, as in Polonis, of Henry the third, that was King of France, was deprived of his Crowne in Polonia, by publique Act of Parliament. Or the deprivation of Henry King of Suet a, who being lawfull successour, and in possession, after his Father &illegible; was puld downe by that Common wealth, and deprived, and his brother made King in his place; and this was allowed by all the Princes of Germany neere about that Realme, who say, the reasonable causes which that Common-wealth had to proceed as it did. But it will be best to end this Narration, with examples out of England it selfe, and that since the conquest, as King Edwin, and others; neither shall I stand much upon the example of King Iohn, After whose deposition the good King Henry the third was admitted; and what thinke you of Edward the second, who was deposed also by Act of Parliament, holden at London Auno 1326. and his body adjudged to perpetuall prison, and Edward his Sonne chosen in this place, for which he thankes them heartily, given them many thanks, and with many teares acknowledged the justnesse of his being degraded, his name of King was taken from him, and hee appointed to be called Edward of &illegible; from that houre forward, and then his Crowne and &illegible; were taken away, and the Steward of his house brake the staff of his Office in his presence, and discharged his servants of their attendance, and all other people of their obedience or allegiance towards him; and towards his maintenance, he had only 100 markes a yeare allowed him; and then delivered into the hands of Keepers, who led him prisoner to severall places, using him with extreame indignity in the way, untill at last they took away his life from him; and did not God blesse the people for executing judgment on this King, by giving them Edward the third after him? And was not Richard the second (who suffered himself to be abused and misled by evill Counsellors, to the great hurt and &illegible; of the Realme) deposed by Act of Parliament, holden in London &illegible; 1399. and condemned to perpetuall prison, in the Castle of Pontefract, where he was soon after put to death also: And was not King Henry the sixth, after he had raigned almost 40 yeares, Imprisoned and put to death, together with his son the Prince of Wales, by E. 4. of the house of York, and the same was confirmed by the Commons, and especially by the people of London, and afterwards also by publike act of Parliament for that he suffered himselfe to be over ruled by the Queene his wife, and had Articles of Agreement made by the Parliament, between him and the Duke of York; And these may serve for proofe, that lawfull Princes have oftentimes by their Common-wealths been lawfully deposed for mis-government. And that God hath allowed, and assisted the same with good successe unto the Weale publique.
The Cosackes, Instead of pursuing their victorie, as it was very easie to doe, considering how numerous they were, and withall the confusion that was all over the Kingdome of Poland, happening by reason of their late overthrow; neverthelesse, they are gone to their old Quariers, where they only make mercy with the Plate, and other booty lately gained in the late fight; yet it is said, they doe not intend to give over thus, having lately made an Agreement with the Tartars, whom they promise to assist, and help to shake off the Turkish yoake, upon condition, the Tartars shall likewise give them all assistance against the Kingdome of Poland. In the meane time, it hath been resolved upon, for the Election of a new &illegible; in the Diet now adembled, and that to be the 4. of November next, but by reason that both brothers doe lay claims to the Crowne, it seemes that the younger, who in the beginning had a very strong party, but since much weakned, therefore maketh a demarre in the Election, seeing it is not like to goe on his side. Yesterday Prince &illegible; (who is still called here by the name of King of Sweden) sent soure Embassadours to the Diet, where the Bishop of Samogiria being to speak for the rest, demanded the Crowne for this Prince, to whom the Archbishop of Guesuer answered, that he would take advice with the rest of the Assembly; and besides, made a long speech in the commendation of this Prince, and how much obliged the State was unto the Kings, his Progenitors. Some few dayes before, the Prince of &illegible; sent to demand the Crowne for his second senne, promising, in case it were granted, to make warre against their enemies the space of three yeares, at his own cost and charges.
While that the Senateurs assembled at Warsoviæ, about the Election of a new King of Poland, The forces of that Kingdome, who being now joyned together, making a very considerable Army, are marching in a full body to oppose the Cosackes, who as it is reported, are divided into three distinct Armies; The first being gone into &illegible; The second towards Warsoviæ, and &illegible; and the third remaineth about Lenberg; Although it is said, that having stormed the place, they had a great repulse, with the losse of 1200. of their men, whereupon the report goeth, they march to &illegible; where the Prince of &illegible; hath retired himselfe with 6000. men, for the defence of that place. There is a report, that Prince &illegible; doth cause to be made a high way through a Wood, wide enough to passe eight waggons a brest; this to be a passage for his forces that he intends to bring into Poland, in case he be denied his request concerning the Crowne, intending to joyne with the Cosackes, who with their horse make daily intoades, and much annoy the Countrey, insomuch that the Countreymen are forced for their security to joyn with the Gen. &illegible; chiefe Commander of the Cosackest. neverthelesse it is reported, that they are about to send Commissioners to Warsoviæ, to treat about an accommodation.
The 8. instant the Te &illegible; was song here, and our Ordnance discharged three times, for joy of the happy conclusion of a generall Peace in Germany. The King of Denmarke, after he had received the homage of the Towne of Melderse, in &illegible; went two dayes after to &illegible; where he was royally entertained by the Duke of Holstela, and so from thence returned to Koppanbagen, to be present at the funerals of his late deceased father, and so to be crowned the 6th. of the next moneth; And by reason that our Magistrates are invited to the Solemnity, therefore they have deputed one Burgomaster, one Sindye, and a Senatour to goe in their name to Koppanbagen, and carrie along with them such presents as are usuall; viz. One for his Majesty, The other for the Queen his wife, both being esteemed to the value of 8000. Rixdollars.
The 12. instant, General &illegible; with the Major Generals, Dougles, Horne, and Linden; the Count Palatin Philip, sonne to Count Palatin Frederick, the Palatin Lewis of Suitzbach, the Palatin Adolphus John, brother to the Swedes Generalissimo, and some other Officers of that Army came to this City, where the Magistrate sent them the same day, one waggon laden with wine, and two others with first, as is accustomed in the great Cities of Germany to be done, unto persons of that ranke. The 13. they viewed our Magazines, and General &illegible; did order the head Quarter of his Army to be at &illegible; a league from this City. The 14. they remored from thence, and went to Rikersdoif, one league and a halfe from this, place, towards the Palatinate; But yesterday the Army having turned back, most of them passed by us, and went to quarter at Grudlack, which is towards &illegible; about the same distance from us. Our Magistrate having sent them good store of bread and beer, and like provisions for their better subsistence. It is reported that a Diet is to be kept at Eamberg, to conclude concerning the Winter Quarters for the Swedish Army, who are resolved to take them in &illegible; till such time as there is a totall and reall execution of the Articles of the Peace lately agreed upon; and withall, they to be satisfied wholly, and have those summes of money paid that they are to receive, before they depart the Countrey.
The French Army, after they had taken Wisterstad, advanced as far as Britten, but are since drawne into their garrisons, upon the publishing of a Peace in Gaminie.
The suspension of armes on both sides, as it was agreed upon by the peace of Germany, being published, the Prince Palatine, Generalissimo of the Swedish Armies, is withdrawne from about Prague, towards Braudeis, Methick, and &illegible; there being left only in the lesser Towne, and the Castle, Lieutenant Generall &illegible; and Colonell &illegible; with 3000 foot souldiers and some Troops of horse, who are not to commit any act of hostility, by reason of this suspention of Armes, which begins to be observed.
The Lieutenant Generall Geis, who is Commander in chief of the &illegible; forces, hath part of his Army quartered at Geeven in this Diocesse, and from thence are to march further towards &illegible; and &illegible;
The Marquis Capponi, sent from the great Duke of Florence, to D. &illegible; de Austria is here, returned from Messine. Sir Glonettine &illegible; hath carried thither four galleys, intending to make new levies of men, which afterwards wil be convoyed into Spaint; Some companies of high dutch souldiers, that were about this City, have been sent into their winter quarters, in severall parts of this kingdome, chiefly in the Provinces of Ottrante Bari, Principality of Citra, and County of Malisa; A part of them had been commanded into the lands belonging to Count Di Conversane, but upon notice given to our Vice King, that he was still in Armes, with a full resolution to oppose their designes, therefore they have not proceeded any further, but are &illegible; to quarter elsewhere, The Count de Ovilde of the family of the Orsinie, hath been put in prison here, being arrested by a command from Count de &illegible; our Vice King.
The day of All Saints was held in the Colledge of Cardinals wherein the Cardinall de la Cueva said Masse, and the Cardinalls Giustiniars, and Franciotto the two daies following, the Pope not being there none of them dayes, being as yet sick of the &illegible; The Duke de Collepietro, who retired hither from Naples, to avoid the mischiefe which he might have received from the Spanish party there, was killed with severall shoes of fireloks, as he was passing through the place, called Sancta Mariamajor, this was done by the Bandiri, who are quartered within the Vineyard of P. &illegible; whom the Spaniards put in hopes to have the principality of Salerna bestowed upon him, as a gift from his Catholick Maiestie. But the Duke de Matalone, a Neapolitane, who was returning thither in a ship, which attended for him at the mouth of this river, going to imbarke himselfe with his followers; divers tradsmen, unto whom he was indebted, repaired thither, to demand of him their monies, and among others, a Tailot did speak so roughly, that the Duke growing in a passion, gave command to his men to cudgell him, and having so done, to throw him out of the window, which was effected; presently the Duke flieth from thence, and gers into one of the Jesuits houses, where the Governour of this City, seut many Officers to apprehend him, which being not able to do, they have seized upon al his goods, and follow the law so hard against him, that they have arrested most part of his servants, and set a strong guard in his Palace; but yet it is thought that the Prince Ludovisio will easily take up the businesse. The lands of the Duke of Parnia, which are upon the Popes deminions, are put to an outery, by a Decree from the Apostolick Chamber, for the payment of those debts which the Pope pretends due unto him by the said Duke, but as yet none proffer to buy, being fearfull to lose their moneys; in the meane time some forces have been sent towards Castro, as if there were an intent to besiege it, but it is very unlikely, in regard there is already a strong gartison in the Towne, besides 1000. foor, and a Companie of Dragoones the Duke hath lately sent thither for their better security.
The last Letters come from Candia, do certifie us, that the Turks having received some new supplies by a Grecian Commander, did thereupon give a furious assault upon the chief City of that Kingdom, but were repulsed from it with great losse. The 14 of September five hundred of their musquetiers did possesse themselves of one of the breaches of the wall, and from thence they were likewise beaten off, as also in their next storming of the Town, where they were beaten off with the losse of three hundred men; whereupon they being resolved to fall on more sicretly, did fall a storming about the Gate, called de Gicsu; but Generalissimo &illegible; who foresaw their design, had made that place so strong, that the Turks upon their approach were so well received by his men, that they were beaten back as formerly, but with a far greater losse, which put the Army into such a confusion, that immediately they withdrew further off, even two miles from the City, where was their old Quarter, which hath caused great joy to this State; as also the news lately come from Constantinople by the way of Vienn, certifying, that the divisions and differences increase more and more in the Turks Court, between the Spahis and the &illegible; the first reproaching the other with the death of the late great. Turk, and endeavoring to set upon the Throne one of his kindred in stead of Sultan Achmet. Two Galleys are ready to set out from hence to go for Dalmatia with moneys and Ammunition, the better to enable our forces to oppose the Turks, who make inroads as far as Zara. The Generall Foscole, who is Commander in chief in these parts, is gathering our Army together being in all about twelve thousand strong, that so he may send them to their winter quarters, only the Morlakes that intend not to leave the field, &illegible; a new occasion given them by the Turks, that provokes them to seek for revenge, the Turks having lately slain 100 of them in cold blood within their own doors, whereupon they have vowed to be revenged thereof at what condition soever it be. This State, for to help descay the charges they are yearly at by continuance of the Wars, do go on in the railing of the eight hundred thousand Ducloets whereunto the countrey is taxed since within these three years, and moreover have Ordered that a Galleasse be made ready with speed, and two Galleys.
The 7 Instant, the Marquis de &illegible; our Governour, returned from Lodi to this City; there are also come hither all the chief Officers of our Army, only two excepted, viz. D. Vincenzo &illegible; zague Generall of the horse, who is &illegible; &illegible; Novo &illegible; Scrivit; and D. Vincenzo Manzuri, Generall of the Artillery, who is gone else where; D. Diego de &illegible; being made Governour of Cremona in his stead. This Governour having sent most part of his horse towards Monteserrat under the command of D. Gioseppe de &illegible; Lieutenant Generall of the Neapolian forces, and of Dom &illegible; &illegible; Commissary Generall of our Armie, and there are to continue untill they receive orders for their winter quarters, upon advice received, that the Imperiall Princesse, who is betrothed to the King of Spaine, and &illegible; future &illegible; was to be in these parts shortly; therefore the Royal Chamber of this City hath named three to go as Deputies, to attend upon our frontiers, for Her Highnesses comming, besides is Citizens, that goe in the name of this Cities; the generall Exchange of prisoners being done, there is returned hither the Lieutenant Generall of the horse Tretty, and Major Generall &illegible; with many others, that are high Officers.
The 14 instant D. Charles Roncal, chief commander of the garrison at Mortars, was drawn, hanged, and quartered, for that he had endeavoured to betray the place, by holding intelligence with the Enemy, which was discovered by his own Lieutenant, who was his chief accoser, and avowed that he would have made him a chief Agent in the businesse; the Inhabitants of that place likewise pressing very hard against him to take away his life; and one of them to shew his thankfulnesse unto God for the same, hath bestowed a gift upon our great Church, esteemed to be worth 1100 Ducatons: This businesse was carryed on with such eagernesse, that during his imprisonment his own Father, though a Knight of S. Mars, was not permitted to visit &illegible; The Spaniards after they had plundered many places in Plemont, are gone over &illegible; at &illegible; and so from thence to Olegio where they are to receive their pay, and after that go to their winter quarters. The 18 came hither Marshall du Flesses, with many of his Officers, and that same evening went to our Pallace, to salute the Duke and the Dutchesse his mother. The French forces come lately from Cremona, are yet remaining in the Valley of Bennio, where they do expect the four Regiments of horse that come from France under the command of Mr. du Choupts and Bougi, Fieldmarshals, who are commanded to go to Gualtleri, and other places, belonging to the Duke of Parma, for their better accommodation; and being certified that the Spaniard intended to invade the County of &illegible; therefore the Duke hath sent with all speed D. Emmanuel of Savoy, with 2000 men to oppose them, and have an eye unto their match, and so prevent the execution of their designes.
The 3. instant the Count of Nassaw, one of the Plenipotentiaries of the Emperor, for the general Peace, arrived here, and brought with him those happy tidings of the conclusion of a general Peace in Germany, so long wished for, during 30 years, that the Wars, like a cruell wilde beast, hath almost devoured that so florishing countrey; this news being spread over the City, caused no ordinary joy in the hearts of all the people and every one, from the highest to the lowest, did make Demonstration thereof to their uttermost. The Count Trautmansdorf did send for him in his Coach, and being come, did entertain him with all Honours and Favours as could be wished or expected. There are here great preparations for dayes of mirth and rejoycing that are to be kept here very speedily, and that not only for joy and thanksgiving for the generall Peace lately concluded, but also by reason of the marriage that is shortly to be celebrated between the King of Spain and the Emperors daughter; the King of Hungaria, eldest son to the Emperor, being appointed on that day of the Nuptials, to represent his Catholick Majesty, and two dayes after she is to be conducted into &illegible; his Imperiall Majesty having given her 24 of his Gardes and six of his Pages.
Since the suspension of Arms hath been published in this City, there hath been brought hither &illegible; Pieces of Ordnance, and some part of the Train belonging: to the Imperiall and Bavarian Armies, the first of these having their head-quarters at &illegible; a league from Chamb, and the other at Roding neer the River of Regen. The French Army have their head-quarter at Rotemberg, upon the River Tauber, and the Swedish Army at Furth, but yet it is said that the Marshall of Turenne with his Army is going to &illegible; in the Dutchie of Wittemberg, and Generall Wrangel into Misnia toward &illegible;
The Zealanders having given a free passage by the Escaule, many ships are come in to us, paying only the old duties, and ancient customs, as formerly they have done; by means whereof, those of Amsterdam are in election to loose some of their Trade, there being not at present such a great number of shipping that resorts thither as in times past, during the time of the Wars. The Archduke Leopold is still at Brussels, where he hath continued some weeks past.
This week are come letters from Brasil, which gives us to understand, that our Admirall Wittens, with the Holland Fleet is gone for the river &illegible; where the West-India Company hath intended long since to make an attempt, but till now could not have any fit opportunity; what will be the successe, is dubious, and cannot be able very suddenly to give you an account thereof; this place is of great concernment to the Portugesses, yielding yearly great store of Sugars, and other rich commodities, which are transported from thence in Carvels, and brought to &illegible; it is not like therefore that it could be taken from them, unlesse by an accident it should be surprized, and so to expell from thence the &illegible;
Captain &illegible; and the rest of the Pirates taken in the &illegible; &illegible; referred to the Admiralty, to be tried as &illegible; The four Northern Counties to have the benefit of the sequestrations of the old Delinquents for their new Delinquencies, to &illegible; &illegible; and pay publike debts, 4000 li for &illegible; forces to be presently paid, &illegible; given for the same, Peter &illegible; Esq. voted Sheriff of &illegible; and &illegible; &illegible; &illegible; of Darby. Col. Temple Ordered 500 li in part of his &illegible; &illegible; of the &illegible; of the Lord &illegible;
Mr. Siedgwick, and Mr. &illegible; thanked for their &illegible; and Mr. &illegible; and Mr &illegible; to preach next fast day before the House: What, before all the House? some &illegible; have a minde to be absent to &illegible; one elsewhere. Col. &illegible; Letter, and a Copy of the Orders from the generall Councell of War, to himself and others, to secure his Majesties person, were read, and a Letter Ordered to be writ to his Excellency, to acquaint him that these Orders to Col. Ewers and others, are contrary to the Orders of Parliament, given to Col. Hamond, and that it is the pleasure of the House that his Excellency recall these Orders, and that Col. Hamond be set at liberty. A modest Letter this day came from his Excellency, desiring the consideration of the Armies Remonstrance, which take at large: Mr. Speaker,
IT is not unknown to you, how, and how long we have waited for some things from you respecting our Remonstrance, & the present condition of the Kingd. but receiving nothing in answer to the one, nor remedy to the other, We do hereby again let you know, That we are so apprehensive of the present juncture of affairs; that through &illegible; of such helps as we might have had from you, we are attending and improving the providence of God, for the gaining of such ends as we have proposed in our aforesaid Remonstrance: We desire you to judge of us as men acted in this by extremity; In which we would yet hope for the conjunction of such helps as any among you, friends to the publike interest, &illegible; &illegible; afford us, I remain,
Your most humble servant.
T. &illegible;
Windsor Novemb. 19. 1648.
For the Honourable &illegible; &illegible; Esq; Speaker of the
Honourable House of Commons.
This day the debates flew high; some moved that his Excellencies Commission might be taken from him, Others that the Army might be required to retreat 40 miles from London, and the blinde &illegible; moved that the City might be put into a posture of &illegible; but Sheriffe &illegible; answered with a sad dejected &illegible; that there was nothing to be expected from thence: And Prime began to &illegible; Presidents; that &illegible; have &illegible; voted Traytors for disobeying authority of Parliament, but for his &illegible; he would &illegible; say that any were such.
Novemb. 30. The House was divided, whether the &illegible; of the Army should be taken into consideration, and it was resolved in the negative. The Army &illegible; &illegible; for it; &illegible; &illegible; still to provoke them and the Kingdom against &illegible; Or &illegible; &illegible; proceed &illegible; &illegible; &illegible; &illegible; &illegible; Yet the next &illegible; is to refer &illegible; to the &illegible; of the Army to &illegible; the Arrears of the Army. &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; men &illegible; &illegible; from &illegible; The &illegible; day was spent in &illegible; Committee, to consider of &illegible; for the &illegible; Officers. &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; then the &illegible; of the Armies &illegible; Besides, how &illegible; you design &illegible; &illegible; &illegible; They &illegible; &illegible; their &illegible; to the Army, and desire to engage with &illegible; against the &illegible; and &illegible; &illegible; The &illegible; &illegible; &illegible; came forth, to &illegible; &illegible; &illegible; of &illegible; &illegible; to &illegible; &illegible; too &illegible; &illegible; &illegible; is not this very &illegible; &illegible; to give &illegible; &illegible; of &illegible; &illegible; &illegible; &illegible; The &illegible; of &illegible; and &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; and the &illegible; &illegible; and &illegible; which was delivered by &illegible; &illegible; &illegible; to his &illegible; &illegible; as large, it hath &illegible; yet printed.
The humble Petition and Addresses of the well Affected in Devon and Cornewall. Together with the Officers and Souldiers of the Brigade, under Command of Sir &illegible; &illegible; Knight; now residing in the Westerne parts.
VVE your Excellencies Servants, not stirred up by any affection, to meddle with matters besides the businesse of our respective Imployments, nor any way favouring distempers amongst our selves, or others, neither covering the vaine glory of being numbred amongst Petitioners, against the evils of the times, nor highly provoked by emulation, from what others our fellow Countreymen and souldiers have done; but singly and faithfully, we come to your Excellency in this Petition, abundantly pressed thereto, from the Conscience and sense we have of the neere approach of Ruine to all honest Parties of the Kingdome, and your selfe and the Army amongst the rest, whereof the present transactions with the King, the late transactions of the &illegible; and of a prevalent party in the houses, are palpable and unhappie evidences to the world, all moulding such a closure of the present differences, as we apprehend, must certainly strengthen all the old corruptions in the former government, and so leave the Kingdome in a more-desperate bondage then yet it ever felt; And farre be it from your Excellencie, and your faithfull servants, to be silent at such a time as this, when all the honest parties of the Kingdome have such deep feares, and heavie thoughts of their, and your approaching &illegible; farre be it from your noblenesse to thinke it, besides your businesse to pitie and plead the Kingdoms cause; We professe the complaints of good men every where pierce our &illegible; and our owne observations of the just reasons of dissatisfaction, constraine us to this great boldnesse with your Excellencie, to petition you, if it were possible, with teares of bloud, seasonably to interpose your selfe in some just and honourable way, that according to the desires of other Petitioners to the Houses, and to your Excellency (an excellent Modell whereof we have before us, in the London Petition, of the 11. of September last) all disputable matters about the late troubles may be made cleare, Iurisdictions legall and just, duly limited, and ascertained against Tyrannicall and arbitrary Power, Liberty and property vindicated, and that Antichristian bloudy tenet of destroying mens lives and estates, for not beleeving as the Church beleeves, utterly abandoned; Amongst all which generalls, we further present your Excellency with a few particulars following, viz. 1. By what evidences and proofes, or upon what Reasons and grounds the King stands acquitted of the charge of the Houses against him, in their late Declaration to the Kingdome. 2. What persons especially what members of either Houses have playd the Traytors, by inviting the &illegible; to invade this Kingdome, or gave them countenance, or incouragement in that perfidious attempt. 3. That the promoters of the first and second warre be brought to Iustice. 4. That the Arrears and debts of the Kingdome be secured and satisfied, and that the publique faith be not made a publique fraud to the Kingdome. 5. That the Court of &illegible; be abolished without exacting satisfaction for the same. 6. That the unconscionable oppression of the Tynners by &illegible; be removed. 7. That the Consciences of men be not cruelly and unconscionably shipwracked. 8. That the cunning device upon the Army for hatefull free quartes, and the Contrivers thereof he discovered, and the Army vindicated from the slander thence raised upon it. 9. That inquisition may be made after the bloud of Colonell &illegible; 10. That the Orders for reducing any of the souldiers may be suspended, untill the Common-wealth be setled, and the enemies thereof brought to Iustice. That these, and the like &illegible; being satisfied and secured to the Kingdome, Your Excellency and your Army may &illegible; from this present imployment in honour, and good Conscience, as faithfully discharging the Armies ingagements to the Kingdome, and not beare the shame and reproach of men, that only acted for hire, and so that base scandall, so much in the &illegible; of your and our treacherous enemies, will not be justified in the hearts of our friends; for the effectuall obtaining of these good things, we shall really adhere to your Excellency to our utmost ability.
Westm. Decemb. 2. L. &illegible; M. Hollis, and M. Pierpoint thanked for their pains in the Treaty. And indeed two of them deserve the houses thanks, though the Kingdoms hatred; and must these thanks be given, because M. Crew took notice of their royal services? M. Hollis (the grand perfidious—of England) reports the transactions of the Treaty since their last Letters, to be prepared and brought in, and likewise a Copy of the Kings Letter to the L. Ormond, touching their proceedings with the rebels in Ireland. The quest. was, whether satisfaction, or not in the Kings Answer to the Propositions shall be now taken into consideration, and it past in the negative, but ordered to be debated to morrow. Did you vote the Kings finall answer &illegible; the last week, and do you now come to put it to the quest. and make a dispute thereof, whether satisfaction or not? When he hath granted no more now, then in his former. A Committee of Common Councell communicated his Excellencies Letter to both houses, of the grounds of the Armies advance, and desiring 40000. li. to be speedily raised for them, upon the credit of the Arrears due unto them. The City was not so civill, when the last traiterous Parl. of Scotland sent a Letter to them, to engage them for the destruction of this Kingdom, to report that to the house, but rather concealed it from them. And in this they tell the Parl. they are come down to waite upon their honourable commands. Though for almost seven years past the Parlia. hath been commanded by them. The Lords tell them they leave it to the City to do therein as they shal think fit. This is Lord like, and like Lords advice; and do not their Lordships deserve a see for it? The Commons Vote hereupon, That the house taking notice of the great Arrears due by the City of Lond. to the Army (as if they never knew, or took notice of them before, though severall times reported from the Committee of the army) do declare, that it is the pleasure of the house (how long both the City (I pray) been subject to your pleasure, or rather you to theirs) that the City do forthwith provide 40000 li (now according to the pleasure of the army) of the Armies Arrears, upon security thereof; And likewise that it be left to the City, either by Committee, Letter, or otherwise to addresse themselves to his Excellency. They likewise voted, that a Letter should be writ to the Gen. (as they call him) upon the present debates to require him not to march near London, which take at large.
May it please your Excellency: The house taking notice by your Letter of the 30 of the last moneth, to the L. Mayor, Aldermen, and Common Councel men of the City of London, and by them communicated to us, that you are upon an immediat advance hither, have commanded me to let you know, that upon mature deliberate judging, that it may be dangerous both to the City and Army (and not to your selves at all) It is their pleasure that you remove not the Army near London (whereby the grand Delinquent of the Kingdom, and you that have invited in, and joyned with a Forraign enemy, to cut our threats, and &illegible; the Kingdom, may not be brought to &illegible; punishment) And to the end the Country may not be burthened with free-quarter, nor the Army want their due support (of both which you have had a negligent care &illegible; many years together) they have commanded me to acquaint you, That they have signified their pleasure to the Lord Mayor, Aldermen, and Common Councell (their &illegible; in iniquity) that they forthwith provide the sum of 40000 li. as part of their Arrears, (though they owe neer 100000 li. arrears &illegible; the 25 of January last, and neer 200000 li. before,) or so much thereof as they can possibly raise at present, and pay the same to the Treasurers at Wars, to be forthwith sent unto you for our Army, which being all I have in Command, I remain your Humble servant,
William Lenthall, Speaker.
Before the receipt of his Letter the Army &illegible; then at Kensington, within two miles of the City of London, the next morning drew up into Hide Park, and about 12 of the clock that day, after a Rendezvoux there, advanced to Westminster, (White Hall being made the head quarters) and the whole Army quartered there, in the Mews, Suffolk house, and elsewhere in Westminster. A little before His Excellencies drawing out of the Park, a Committee of Common Councell &illegible; from the City to congretulate his approach, telling him. The Gates of the City should be open for him, though the next day after, a Troop of horse comming out of Essex, was denied to passe thorow the City to the Head Quarters at White Hall, for which the Lord Mayor and Sheriffs (by whose Order the Gates were &illegible; upon their) may be considered in due time.
SIR,
THis morning about six of the Clock five of us came to his Majesties &illegible; and desired one of his Attendants to acquaint his Majesty with our &illegible; (according to our Orders) to secure his person, which we rather did, because he might not be affrighted; which done, we secured the Town with 40 horse, and two companies of &illegible; which we got over last night from Portsmouth, and once in half an hour his Majesty was &illegible; and soon after secured in Hurst Castle, of which our dear friend, and true Patrior, Col. &illegible; of Willshire is Governor, whose fidelity can never be poysoned as H. was. I am yours, &illegible;
Postscript. There are Attendants upon his Majesty in Hurst Castle, Capt. Mildmay Capt. Joymer, Capt. Weston, Mr. Herbert, Mr. Cutchside, Mr. Reading, Mr. Harrington, Mr. &illegible; Mr. Leven Page of the Presence. This day his Excellency caused this ensuing Proclamation to be made at the head of every Regiment, viz.
These are to require all Officers and Souldiers of Horse and foot, who shall quarter in and about the City of London, and Suburbs thereof. That they behave, and &illegible; themselves civilly, and peaceably towards all sorts of people, not giving any just cause of offence, or provocation by Language, or otherwise, upon paine of such severe punishment, &illegible; Court Martiall shall be thought meet, and not doe any unlawfull violence to the &illegible; or goods of any, either in their Quarters, or elsewhere, upon paine of death. And for the more due execution hereof, all Commanders and Officers are hereby required, not to be absent from their severall and distinct charges, without leave first had in writing from &illegible; superious, upon &illegible; of such punishment, as that party injured shall sustain, and such &illegible; ceasure as to justice shall be thought sit. Given under my hand Decem. 1. 1648. &illegible; &illegible;
To be proclaimed by sound of Trompet, or beat of Drum at the head of the Regiment.
Pontefract the 2 of December. The Lieut. Gen. being gone to London, Maj. &illegible; &illegible; is appointed to come in chief to this Leaguer. The Line is drawn 3 parts about the Castle, and we are now raising works for Batteries; and though the enemy are &illegible; that they dare not stirre forth, yet are very active both with great & small shot, and sometimes do us hurt; they have very few or no horse in the Castle, except for their necessary uses, &illegible; some of their men daily come from them; they are yet about 300 in the Castle, &illegible; &illegible; others; the souldiers are very poorely clad, and cannot be induced to make a salley, divers of them as they say are fallen sick, at least 60. at this time; they have plenty of all sorts of provisions for a &illegible; and if nothing else hinder, they will not be starved in 12 moneths. The cruelties of &illegible; the Governour of this Castle to our prisoners, are not to be &illegible; all of them that either have escaped, or been released &illegible; lamentable complaints of him. We much rejoycee in your Remonstrances, but all our feare is that the Army will do nothing considerable upon it; which feare lies upon many honest spirits, who cannot joyne affectionately with us, till they see justice be done indeed upon the grand Delinquent, and his consederates in Parliament and City; without speedy execution of whom, we never expect peace or blessing to the Nation.
Decemb. 5 &illegible; house sate very &illegible; debating whether the Concessions of his Major to the Propositions were satisfactory, or not; at ten at night they had not decided the question &illegible; would think this labour might be saved. A proclamation this day made by beat of Drum and sound of Trumpet, requiring all in the latter and former Wars (having not perfected their Compositions) to depart the late Line, ten miles distant for a moneth or &illegible; to be &illegible; against as prisoners of War.
FINIS.
The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.
From Tuesday Decemb. 5. to Tuesday December 12. 1648.
WE finde in History, That the next in succession to the Crown, by Propinquity of blood, have oftentimes been put back by the Common wealth, and others farther off admitted in their places, even in those Kingdoms where succession prevaileth: for proof whereof, I shall begin with &illegible; a true and lawfull King over the Jews, and consequently had all Kingly Priviledges, benefits and Prerogatives belonging to that degree, yet after his death we finde God suffered not any one of his generation to succeed him, though he left behinde him many children, and among others, Isboseth, a Prince of forty years of age, 2 Kings 2. 21. whom Abner, the generall Captain of that nation, with eleven Tribes, followed for a time as their lawfull King by succession, untill God checked them for it, and induced them to reject him; though heir apparent by descent, and to cleave to David newly elected King, who was a stranger by birth, and no kin at all to the King deceased: And David being placed in the Crown by election, free consent, and Admission of the people of Israel, and no man, I think, will deny but that he had given unto him therewith all Kingly Priviledges, Preheminencies and Regalities, even in the highest degree; and though God did assure him that his seed should raign after him, yea, and that forever; yet we do not finde this to be performed to any of his elder sons, (as by order of inccession it should seem to appertain) no, nor to any of their off-springs, or descents, but only to Solomon, which was his yonger, and tenth son, and the fourth only by &illegible;
What can give more evident proof hereof, then that which ensued afterwards to Prince Robosm, the lawfull son and heir to King Solomon, who, after his fathers death, coming to Sichem where all the people of Israel were gathered together, for his Coronation, according, to his right by succession, 3 Kings 12. And because he refused to take away some heavy impositions laid upon them by his father Solomon, Ten Tribes of the twelve refused to admit him their King 3 Kings 11, but chose rather one &illegible; Roboams servant, that was a meer stranger, and of poor parentage, and made him their lawfull King, and God allowed thereof, as the Scripture in expresse words doth testifie. I shall not mention any example of forraign nations, being without number, but give you some of our own, having had as great variety in Changes, and diversity of Races of their Kings as any one Realm in the world: for first, after Brittains, it had Romans for their Governors for many years; after that, they had Kings again of their own, as appeareth by that valiant King Auretius Ambrosim who resisted so manfully the Saxons; after this they had Kings of the Saxon and English blood, and then of the Danes, then of the Normans, and after them again of the French, and last of all it seemeth to have returned to the Brittains again in King Henry the seventh, King &illegible; King of the West Saxons, and almost of all the rest of England, who was the first Monarch of the Saxons blood, was had in jealosie by King Briticus, (who was the sixteenth King from &illegible;) and for that he suspected Edgebert for his great Prowesse, be banisht him into France, and after that King Briticus was dead, he returned into England, and was then chosen King by the people, though he was not next in propinquity of blood royal.
This King Edgebert, (or Edgebrick as others write him) left a lawfull son behinde him, named &illegible; or Edolph, Anno 829. who succeeded him, having four lawfull sons, and because one of them (Alfred) was esteemed more valiant then the other &illegible; he was preferred to the Crown before them (though the yongest of them all,) and was Crowned at the Town of Kingston.
This man dying without issue, his lawfull brother Edmund put back before, was admitted to the Crown, and left two lawfull sons, but yet because they were young, they were both put back by the Realm, and their uncle Eldred preferred before them.
King Iohn was after the death of his brother crowned by the States of England, and Arthur Duke of Boktaine, son and heir to Ieffery, that was eldest brother to Iohn, was against the order of succession excluded.
Some years after when the Barons and States of England misliked utterly the government and proceedings of this King Iohn, they rejected him, and chose &illegible; the Prince of France to be their King.
Moreover from King H. 3. do take their first beginning York and Lancaster, into which, if we would enter, we should see plainly, as before hath been noted, that the best of all their Titles after their Deposition of K. R. 2. depended of this Authority of the Commonwealth, for that as the people were affected, and the greater part prevailed, their titles were allowed, confirmed, altered, or disanulled by Parliament.
VPon the drawing up of the Army to this place, for the better avoiding the trouble and inconaeniencies to the City and Suburbs of LONDON, or the Inhabitants thereof, which might happen by the quartering of Souldiers in private mens houses, it was the desiro and Resolution of my self, and my Officers, to lodg. the Souldiers in great and void houses; and to the end they might be accommodated for that purpose, (in regard, that at this season Souldiers cannot hold out to lodge continually upon bare floors,) I writ to the Lord Major, Aldermen, and Common Councel of the City of LONDON, desiring they would take some course for a speedy supply of Bedding for the Souldiery: but instead of any satisfaction therein, after some delay, I have received only an excusatory Answer.
The Souldiers and most of the Officers having &illegible; now almost a week upon cold floors, and health not permitting them to endure such hardship for continuance, out of the same tender care, to avoid trouble or inconvenience to the inhabitants, or any discontents or differences which might arise between them and the Souldiers, by the quartering of them in private houses, I have (with the advice of a Councel of War) thought fit to require a necessary supply of Bedding, by Warrants directed immediatly to the respective Aldermen of the severall Wards, the Copy whereof is herewith printed and published; and (with the same advice) I do hereby further declare, That in case any failer shall be in the bringing in by the time limited, such proportions of Bedding, as, according to the said Warrants, are charged upon the severall Wards, and shall be apportioned upon the several Divisions and Inhabitants of the same, I shall be necessitated to send Souldiers, either to fetch such proportions of Bedding from them that fail, or else to quarter with them, and must take such course against either those Aldermen, and other Officers in the City, who shall neglect to rate and bring in the proportions required from their respective Wards and Divisions or against those Inhabitants who shall refuse to supply the proportions rated upon them, as shall be fit to use towards such obstinate opposers of that orderly supply, which is so necessary for the case and quiet of the City, and for the subsistance of the Army.
Given under my Hand and Seal, at my Quarter in Westminster, the eighth of December, 1648.
WHereas, for the avoyding of the inconveniencies of Quartering Souldiers upon private mens houses, it is intended and desired, that the Army shall be lodged in great and voyd houses, while it shall continue in, or about the City of LONDON, to the end therefore the Soldiery may be accommodated to lodge in such houses, which at this season of the year, without convenient Bedding, they cannot bear; These are therefore to will and require you, that upon receipt hereof you do forthwith cause the proportion of hundred and Feather Beds, or Flock Beds, with one Bolster, one pair of coarse Sheets, and two Blankets, or one Blanket, and one Coverlet for each Bad, sufficient for the lodging of two men in a Bed, to be equally apportioned upon the several Divisions within your Ward, and upon the several Houshoulders that are of ability to furnish the same within the said several Divisions; and the said Beds, with the appurtenances aforesaid to be brought to by Saturday next at noon, being the Ninth of this instant December, and there to be delivered unto the hands and custody of for the supply of the Regiment under the Command of Colonel and the said is to give receipt or receipts under his hand for what Bedding he shall receive, thereupon expressing from what Ward or Divsions the same do come in, and upon the removall of the Army, or the said Regiment, from about the City, such Bedding shall be restored to the respective Inhabitants, Divisions or Wards from which it was had; and there shall be care taken to prevent, as much as may be, any spoil or imbezlement thereof; and in case, after such delivery, any part thereof shall be lost or spoiled, so as to be made useless, reasonable satisfaction shall be given or assigned for the same, out of the Treasury of the Army. And you are on the same day by eight of the Clock in the morning to return to my self, or my Secretary, in writing under your hand, an Account of your proceeding upon this Warrant, with a lift of the proportions charged upon the several Divisions of your Ward, and upon the several Housholders in each Division, that if any failer be, it may be known where it rests. Hereof you are not to fail, as you will answer the contrary at your peril: and this shall be your Warrant.
Given under my Hand and Seal, at my Quarter in Westminster, the seventh day of December, 1648.
To the Alderman of
the Word of
The 30. of the last, the Embassadour for the Prince of Transilvania had audience of the generall assembly, who are met about the Election of a new King, and there he highly recommended the Prince &illegible; and in case they were not pleased to chuse him, they would looke upon the said Prince of Transilvania, in whose name he made many great proffers. Yesterday those of Prince &illegible; had also Audience, which was not much favourable unto them, by reason that those who are here called Nuntioes, made so great an uproare, that the Bishop of Kionia, who made a faire speech, with many large proffers also in the behalfe of that P. for whom he demanded the Crowne, could in no waies be heard: but even at that Instant, there were many that returned him thankes, but in such a way, that all those of his party, might easily perceive he would hardly obtaine his pretentions. After their departure, the Duke of &illegible; who came hither the same day, made his report unto the Assembly, concerning the present state of affairs in &illegible; from whence he came lately, and also represented the present condition of the Army of &illegible; who are now above 200000 stronge, in the meane time the Palatine de Cava was gone to bring in the French Embassadours, who came in with a traine of neare a 100 followers, and having delivered their Letters of credence, which were read by the Palatine of &illegible; who is well versed in the French tongue, and after he had made the relation of them in the Popish Language, the Viscount of Arpajou, who was to make a speech, did do it elegantly, in the Latine tongue, wherein he began to extell the Poland Nation, and then did proceed in the &illegible; of the two Princes, who pretend to the Crowne, and at last did demand it for the Prince &illegible; all the Assembly hearing him with greate attention, the Archbishop of Guesner, with the Marshall of the &illegible; did give him thankes, and so he departed from the assembly, being conducted out of the Circle, with severall Officers, even as he was broght in. This day was to be the election, but by reason that many I had brought great multitudes of souldiers, so that the Countries adjacent were full of them, it is thought the businesse will be put off till Sunday next, the eight of this Instant.
The affaires of Poland are still in a sad condition, the &illegible; and Tartars wasting & spolling the Country whereever they become Masters yet the City of &illegible; not been assaulted, as it had been reported, there being onely parties that have made inroades, even to their very gates. The Poland forces, who are to have a Rendezvous about &illegible; to whom the Count &illegible; is to joyne 1800 high Dutch souldiers, and those forces begin to vexe the enemy, having lately slaine 400 of them in an Encounter they had together, and it is verily beleeved, that in case the resolutions, and orders made in the Assembly, are well followed, and put in execution, the Poland Army will be able to oppose the Gosackes rebelled, whose Army is mighty and numerous, but yet is composed of souldiers ill disciplined, and most of them without armes. The Prince Dominick, who was commander in chief of the Poland forces, when he had that great overthrow given him by the Cosackes, is gone to Warsovia to cleare himselfe of the blame imputed unto him, for his going away during the fight.
The 12 instant came to this City the Secretary, who had been dispatched from Munster by the Plenipotentaries of Sweden, and brought with him the &illegible; Pacis, who was immediately confirmed by the Ministers of this Court, and in presence of her Maiestie of Sweden, who did demonstrate to be much pleased therewith, and presently gave command the &illegible; &illegible; should be sung after the manner of the Country, and after a full ratification is made, it is to be sent with all speed by the same Secretarie.
The Count of Conversano, not being willing to trust unto the faire promises of the Spaniards, imade unto him, by the Count de &illegible; our Vice King, who did use all endeavours to make him come againe to this City, or if not, to make him lay downe his armes, or else at last to declare what intention he hath, in keeping the field, hath in fine made appear by taking the strong hold of Brandisie, one of the most considerable places in la &illegible; having a good harbour near that of &illegible; whereof news being come to this City, our Viceking hath Ordered 1000 high Dutch souldier to be sent thither with all speed, but it is not thought they can prevaile much against him, by reason he is great and powerfull in those parts, all the Country being totally devoted to him. This week six vessells have been sent to Manfredonia and Baretta, to bring from thence, as it is said 1000 quarters of Corne to be conveyed to this City, for to supply our great wants: Our Viceking hath caused a Proclamation to be made through this City, that all those that have any salt in their houses, come to declare it within ten daies, that so it may be brought into the Kings store houses, and there to receive the value of it, upon of consiscation of their salt, if they refuse, and of a fine, as he shall see cause. There is a report of a voluntary Taxe to be made in this City, for the defraying the charges they must be at, when the Queen of Spaine is to passe through this City, in her journey from Germany to Spaine; it is thought that this Imposition will amount at least unto two millions of Crownes, besides, many rich presents are to be given her Maiestie, in the name of all the chief Townes of this Kingdome; in the meant time two Companies of Spanish souldiers lately come backe from Capoua, are here come to our Arsenall, and here is daily Expected Don Iuand’ Austria with the Navie, who is yet in Scicilia; we heare from thence that Cardinall Trivultio is gone from Messina, into Sardinia, where he is to be also Viceking, as he hath been in Scicilia. The Counsell of Spaine not holding fit to let him be long so neare the Dukedome of Milan, which is his owne Country, the reasons whereof are not yet made publique.
The Pope is still sick of the gout, and therefore is forced to keepe his Chamber, neverthelesse the 11. instant he gave Audience, in Extraondinary unto the Marques Fontensy Mareuil, Embassadour for France, who with him admitted the Count &illegible; Field Marshall of the French Armies in these parts, to kisse the Popes feet: The 13 the Cardinal Albornoz, who doth here supply the place of a Spanish Embossadour had also had Audience from the Pope, to whom he declared how the King of Spaine hath invested Prince Ludovisio, with the Principalatie of Salerna, having received order from his Majesty, to depose it in to his hands; assuring him that his Catholick Majesty had onely done it in respect to his Holinesse, who did returne thanks thereupon, but the Pope hearing that the Duke of Maraline who was in the Convent of Arocely had made an escape with the assistance of the said Prince Ludovisio, notwithstanding the expresse orders of his bolinesse to the Magistrate of this Citie, for the apprehending of the said Duke where they could finde him, yea, although it were in a Church; thereupon the Pope was very swrath with the said Prince, and having sent an Order for his comming before him, did declare his high displeasure at the matter, not only for his making way for the escape of the Duke, but besides; for aiding him to transport his goods from &illegible; Vecchia; all his servants are still close prisoners, although it is hoped they will shortly be set free some way or other: Prince Ludovisia being glad to oblige the said Duke by such favours, that so in a requitall, he may help him for the quiet injoying of his new Principality of Salerna, which is in the Kingdom of Ngles, where the Duke hath great power. We hear from Fermo, that Sir &illegible; Con. Gen. sent thither to inform about the murder committed some manner past upon Mr. Visconti, Governor of that Town, and in prosecution thereof, Mr. Varce &illegible; hath been beheaded 7 tradesmen hanged, and some others lesse guilty, only whipped, yet banished for certain years to Civita Vecchia; others that he findes lesse guilty, he hath condemned to the Gallies; many Gentlemen who have absented themselves, are condemned to die for their not appearing, and their pictures hanged publikely, their houses rased to the ground, and all their goods confiscated.
The French forces are not quite gone from Cremona, as it was beleeved, there remaining yet in the Castle of Pomponesco, 150 foot souldiers, and one hundred horse, to preserve that post on this side Po, and from thence they make &illegible; in all the neighbouring Country, which hath forced the Marquis of Caracene, our Governor to use his best endeavour to drive them from thence, before they get to a greater strength. The forces of this Dutchie, who had advanced towards Montforrat, under the Command of D. Giosopto de Valesco, and D. Diego &illegible; after they had remained there some short time, and were strengthened by a supply, brought by D. Vincenzo Gonzague Generall of the horse, have received some losse at the passe de la Dom Balthica, being charged by the guards of the Duke and Duchosses of Savoy, in which encounter, many &illegible; our side were slaine on the place, and a great number taken prisoners, although it was said here; that only the Commssarie Generall had his companie cut off. The 12 instant the generall Counsell of the 60 Decurions of this City did make choice of twelve of &illegible; to go meet the Queen of Spaine, at her first entring into this State. The 13 the Marquis Cato Gallatari, Proveditor Generall of our Army, came &illegible; from Parma, where he was sent by our Governour to negotiate with his Highnesse. Our Governour hath lately received letters patents from Spaine, for the settling of the Government of that Province upon him, with a promise to be speedily relieved with men and money: His Catholick Maiestie doth put him in hopes to aid him with 2000. men for the next spring, besides other forces that are to be raised in the Kingdome of Naples.
The last letters from Constantinople, advise us, that the last report concerning the troubles in that City, or in those Dominions, are not true, for the difference between the Spahis, and the Ianissaries is well allaid, and on the contrary they are in a great quietnesse: it is true there were disorders in some parts of the Turkish Empire at the Coronation of the new Emperour, but these troubles have not produced such effects as was expected, and that the Divan (which is the great Counsel) is totally bent to prosecute the warre against this State, and therefore are makeing great preparations, both by sea and land, for the next spring; to that end is much conducing those 15000 Polanders carried to Constantinople for slaves, by meanes whereof, they will be able to set out their Gallyes, and that to the great disadvantage of this State, and by consequence, of all Christendome. This State in the mean time will be in great want of men, for supplying of their Navy, and chiefly for the 10 Gallyes that are suddenly to be made ready for the strengthning of our Navy, which neverthelesse is in a very good condition, by the extraordinary care of our Generals, as also by reason that the new Impositions, laid for maintenance of the Warre, are punctually paid, there being none but is willing to contribute towards the maintenance of a war, so just and so necessary, which this State hath maintained for above 4 years past, although they are to deale with so potent and mighty an adversary, who doth use all meanes possible for the taking of Candia, where he hath held a siege this many moneths, but notwithstanding all their plots, we hope this State will be able to hold our yet a long time, through the extraordinary &illegible; and vigilancie of the Generalissimo Moccenigno, and the Gen. Lippemano, Giacomo Barbaro, and Giles de Has, who now hold some correspondencie, and have more friendship together then formerly, the differences being accommodated between the two last, which was only about precedency. The Galley called La Valiere is lately gone from hence to go to Zara in Dalmatia, to carry 120000 Ryals of plato, with some other moneys for the payment of our souldiery, the better to hearten them for the design that our Generalissimo hath upon Castel-Novo in Albania, a place seated near the point of the Channel of Cattaro, which doth hinder our vessels going into the said Cattaro, Peracto, and other places belonging to this State, who hath now sent 40000 Duckets towards the charges which the Governor of Terra Pirma must be at for the reception of the Queen of Spain in her passage thorow those parts.
His Excellencies Letter to the Right Honourable, The Lord Major of the City of London.
My Lord,
I Have given order to Col. Dean, and some others, to seize the Treasuries in Goldsmiths-Hall, and Weavers-Hall, that by the said Moneys I may be inabled to pay quatters whist we lie hereabouts; having also ordered Receipts and Assurance to be given to the Treasurers of the said moneys, that they should be fully reimburst for the said sums, out of the Assessments of the City due to the Army, and out of other Assessments thereunto belonging; and indeed, although I am unwilling to take these strict courses, yet having sent so often to you for the said Arrears, and desired sums of money to be advanced by you, far short of the sums due from you, yet I have been delayed and denied, to the hazard of the Army, and the prejudice of others in the Suburbs, upon whom they are quartered; wherefore I thought sit to send to seize the said Treasuries, and to send some forces into the City to quarter there, untill I may be satisfied the Arrears due unto the Army: and if this seem strange unto you, ’tis no less then that our Forces have been ordered to do by the Parliament, in the severall Counties of the Kingdom where assessments have not been paid, and there to continue until they have been paid: And here give me leave to tell you, the Counties of the Kingdom have born free-quarter, and that in a great measure, for want of paying your Arrears equally with them; wherefore these ways, if they dislike you, yet they are meerly long of your selves, and are of as great regret to me and to the Army, as to your selves, we wishing not only the good and prosperity of your City, but that things may be so carried towards you, as may give you no cause of jealousie: I thought fit to let you know, That if you shall take a speedy course to supply us with 40000 l. forthwith, according to my former Desire, and provide speedily what also is in Arrear, I shall not only cause the moneys in the Treasuries to be not made use of, but leave them to be disposed of as of right they might, and also cause my Forces to be withdrawn from being in any sort troublesom or chargeable to the City; And let the wurld judge whether this be not just and equal dealing with you.
Westminster, 8. Decemb. 1648.
I rest, My Lord,
Your affectionate Servant,
T. Fahfax.
WHereas the Arrears of the City to the Army being near an hundred thousand pounds, and upon the security of them, there being but forty thousand demanded by us to be advanced by the Lord Major, Aldermen and Common-Councel, for the present supply of the Army, yet the same hath been now for a week delayed, and at last refused: And whereas, to avoid the Grievance of Free quarter, and inconveniency of quartering Souldiers at private mens houses, the Forces in the Suburbs having for the week past been kept in void houses, Inns, and the like, without trouble to private Families, or Free-quartering to any; and that the extreame necessity of the Forces before Pontefract may be supplied, you, or any one, or more of you are hereby required, with the assistance of such Forces as shall be needfull, to wrath into the City of London, and there to seize upon all such sums of money as you shall finde in the publique Treasury at Goldsmiths-Hall, Haberdashers-Hall, and Weavers-Hall, or in any of them, giving to the Keepers of the said Treasuries respectively, Receipts under your, or one of your hands for the sums, or number and proportion of bags so seised; all which sums you, or any one of you are to cause forthwith to be conveyed into blackstyers, there to be disposed of for the end aforesaid, as shall be further directed by his Excellency the Lord Generall; and you are to acquaint the Treasurers, or keepers of the said Treasuries, That they repairing tomorrow or on munday next to the Head-quarters, shall have assurance of their payment of the respective sums so seized, out of the Arrears of the City, or the Assessments of the Army. By the appointment of his Excellency and the General Councel.
John Rushworth Sec.
The Commons Debate the Kings Concessions, the question about four the next morning, was thus stated, whether the said Concections were a sufficient Basis, or foundation for the &illegible; Government of this Kingdom, which was carried in the Affirmative. And why must not the question be put, whether satisfactory, or unsatisfactory, according to three severall preceding Orders for that purpose, but that his Majesties friends dispained so to carry it, arguing the night before at their close Committee, that the foundation of their design was destroyed, if the question was not thus altered, and carried? Mr. Prin made a learned sample Speech, three hours long setting forth his sufferings by his Majesty, (who had taken all but his ears from him) and therefore it could not be expected that he should speak affectionately for him, but only according to his judgement; and indeed he needed not to have been so tedious herein, for he well knew his Majesties friends were the major part then present, and resolv’d to carry it, right or wrong, whether he had spoken sense, or non-sense. One of his Majesties neighbors in the Isle of Wight, who long since swallowed the Royal poysoned Bait, spake half an hour together in compliance with his brother Prin, though to as little purpose, and lesse need. This thus carried proves only an introduction to a second Vote viz. That the Armies taking away his Majesties person from Carisbrook to Harst Castle, was without the privity and consent of the Parliament: And this Vote they would passe in a Bravado, though the Army was at White Hall; including thereby no lesse then Treason in the Army for so doing, on purpose to lay a foundation for a new war, which was speedily intended against this Army; for better effecting whereof, another of his Majesties most subtile friends in the house (who was lately touched at Newport) moved for an Adjournment, which if his brethren could have apprehended, (but God would not suffer) might have spoke fair for another ingagement, and more bloody war then yet happened to this Nation. The Army thus wounded with new Treason by old Traytors, a salve, is prepared, and a healing plaister spread upon a third Vote, viz. That a Committee shall be appointed to Treat with his Excellency and the Army, to hold a fair correspondency between them, (as if the Army could not apprehend this Sate-Treason) or the sowl correspondencie intended between Royall Traytors, and English Levellers. This nights work obstructs the near dayes sitting, so that their worships meet not till Wednesday following.
Dece. 6. The Army received a Delatory, or Negative answer from the City of London, as to the advance of 40000 l. formerly desired, and more lately promised, which inforces the &illegible; Councell of the Army to move his Excellency to give Orders to some Regiments to Quarter in the City, till their Arrears be paid.
The Basis of a new warre thus laid, and a two yeares &illegible; intended the next day to be concluded, the Army thus wounded for securing his Maiesty, and their Remonstrance waved, by their first Vote the King cleared, and this &illegible; Message from the City, grounded upon the whole, &illegible; the Army upon much necessity, and no lesse Iustice to secure some of his Maiesties &illegible; friends, and (Kingdomes enemies) in Parliament, against some of whom they had already preferred a Change and against the rest, another intended the next day. This put in &illegible; and &illegible; 40. Members apprehended the next day, viz. Sir Robert Harlow, Col. &illegible; Sir Will. &illegible; Sir Wolter Earl, Sir Samuel Luke, Sir Richard &illegible; Sir Iohn &illegible; Sir Morals Lyster, Lord &illegible; Mr. Knightly, Sir Gilbert &illegible; Sir Benjamin &illegible; Mr. &illegible; &illegible; Mr. &illegible; Mr. Crew, Mr. Edward &illegible; Mr. &illegible; &illegible; &illegible; Mr. &illegible; Maior Gen. Massey, Mr. Walker, Sir Robert Pye, Mr. Henry Pelham, Col. Leigh Sir Anthony Iohn, Sir The &illegible; &illegible; &illegible; Master &illegible; Master &illegible; Master &illegible; &illegible; &illegible; Mr. Bowton, M. Pryn, Mr. &illegible; Sir Symon Dewes, Sir William &illegible; Sir &illegible; &illegible; Col. William &illegible; Commissary Copely, Master &illegible; Colonel Nath. Finee. The House orders the said Members to attend their service, which the Officer of the Guard denyed, answering he had orders to secure them, and till those orders were recalld from his Excellency, or his superiors Officers, he could not discharge them. The report of this Answer puts the house upon adding some Members to the former. Committee, for good correspondencie, and vote any three of the Quorum. The Army by this time sends Commissioners downe to the Parliament, to acquaint them they had something to present unto them of great concernment, to which the House returned Answer they were ready to receive it, and would sit in expectation thereof some time; soon after severall Officers of the Army come to the house with the said Message, Colonell Whaley acquainted them, he, and the rest of the Gent. with him were commanded by his Excellency, and the Generall Counsell of the Army, to present to the present view, and consideration of that House, their desires and Proposals, which puts the House upon this Debate, viz. whether the said Proposals and desires of the Army should be considered of, before restitution of their Members and carried, that the Committee formerly appointed for good correspondency, should have power to treate with his Excellency, and the Army, concerning the discharge of their Members, before consideration thereof (wel-knowing that with their assistance they had been then able to have voted the Army Traytors the next day in plaine English, and carried it for two yeares adiournment) and consequently laid foundation for a new warre, and slighted the Remonstrance of the Army (in opposition to which they had but the day before voted the Kings Concessions to be sufficient grounds for a future government to this Nation) And could they finde no darker pretence to deceive the people with then this? for if his concessions be a sufficient ground for a future Government; do you not then vote them satisfactory, and is not the Kings negative voice hereby maintained in any one concession? and the grand Delinquent of the Kingdom excused from Iustice, contrary to the desire and Petition of all the well affected in the Kingdome, (which is the Kingdome) The Arbytrary power of the House of Lords maintained (as a third Party in making a Law) and the King made equall in power with the whole Kingdome, by writing Le Roy, Le veult, which his Predecessors formerly goe, and he now forfeited by Conquest.
Decemb. 7. Lieut. Gen. Cromwell coming into the House, they gave him formal thanks for his good services to this Kingdome, nay, and Scotland too, for beating their dear Trayterous brethren, with whom they and the City were, and yet are in Covenant. They Vote Serjeant Erle, and the Sheriff of Norwich to go down to execute the Commission of Oyer and Terminer. The Proposals and desires of the Army come by this time into Debate, and the question is, Whether they should be taken into consideration or not on Saturday next, which is carried in the Affirmative, and because the businesse is of great importance, a day must be set aside for humbling their souls for all their former miscarriages, and for seeking direction from heaven therein, and therefore Ordered Mr. Marshall, Mr. Carill, and Mr. Peters to Preach and pray all day before them in the House of Commons; as the forty secured Members had the night before in Hell it self, where they induced some torment for want of accommodation, these being not hedding sufficient for them, which made some of them the next day to wear Cape, the people much pitying their hardship, but neither the people, nor they, the poor souldiers, who indeed deserve it; but being the next day removed to the Kings-Head, they where well satisfied, and much rejoyced to suffer for it, and with it; and by importunity of their wives, some of them are at liberty upon Paroll, only Sir Harbottle Grimstone ran away, and afterwards sent notice to the Generall by Letter where he was, and the ground of his escape.
Decemb. 8. The house &illegible; and prayed till four in the afternoon, and then adjourned till Tuesday next, the Lords having adjourned to the same time; and the rather, its thought, because their Lordships were much frighted at these proceedings, fearing their conditions equall with the secured Members (because as guilty) but it seems the Army scorned to take notice of them, though one of their Officers did not of some of their prisoners (six Countrymen, who had been long secured by their Lordships, for yielding obedience to an order of the house of Commons) whom he rescued from their fury, as being free Commoners of England, and therefore not in the arbytrarie power of that illegall house of Peers.
The City failing, and absolutely denying to advance the 40000. li. promised, three Regiments of horse and foot advance in for quarters, making their main guard in Pauls Church, and since quartered in Pater noster Row, Cheapside, Lumbard-street, and all the heart of the City. Orders are given to seise all money in the Treasuries in Weavers, Goldsmiths, and Haberdashers Hals, for the present support of the Army, and to give receipts to the Treasurers for the same, ordering repayment thereof out of the Arrears of the City, when paid. Twenty eight thousand pounds was seised at Weavers Hall, and no treasure found elsewhere; But the Excise was not to be medled with, as appears by his Excellencies Letter ensuing, viz.
Gentlemen.WHereas upon this present eighth of Decemb. a party of horse and foot came to the Excise Office in Broadstreet, which perhaps will occasion some to thinke the Army came thither with a purpose to interrupt any more levying of the Excise. These are to assure them, that the said forces came thither by a mistake, and that there was not any intentions to give interruption unto the due levying of the Excise, or to seise upon any money in Cash, and that you may proceed as formerly, according to those Ordinances and Orders of Parliament, which you have received concerning the same, and that no molestation or hinderance shall be given by the Army, I remain,
Decem. 8. 1648.
Your very assured friend.
Fairfax.
Decemb. 9. The Common Counsell send Commissioners to treat with his Excellency upon new Instructions, which take at large, with his Excellencies, answer.
1. To propound to his Excellency. That the City for their security of the 40000. l. desired, may have all the Arrears upon any Assessements made for this Army within London, and liberties thereof, which did grow due to he paid before the 25 of March last, freed from all engagements. 2. And of those Arrears, all the mony paid into the Treasury since the 30 of Novemb. last, to be accounted part of the 40000. l. desired, and that with the monies received out of Weavers Hall, and the 5500. l. lately received of the Treasurers, the rest shall he paid on Monday next. 3. That a Common Counsell have undertaken to discharge the Generals engagement concerning the money taken out of Weavers Hall, to pay the same, the other out of the said Arrears. 4. That the Common Counsell have promised to get in the rest of the Arrears, and also to make the new Assessements for the six moneths, ending at Michaelmas last, and to collect the same with all expedition. 5. And upon this engagement, they do humbly pray, that the Army may this night be withdrawn out of the City, and liberties thereof, according to the intimation of Col. Whaley, and Col. &illegible;
To these the Generall returned the Answer following.
My Lord and Gentlemen, I have perused your Paper and I finde the point of security hath much troubled you and us, whereby we are yet without our money, and necessities daily grow upon us, to prevent which, and to make things clear, (which I do not conceive your Paper does,) I desire you that you will within 14 dayes (or sooner if you please) cause all the money charged upon the City of London for the Army untill the 25 of March next, and in Arrear to be brought in; this being done, I shall both repay the money brought from Weavers Hall, and withdraw all these forces from the City; the continuance of which in the City, in the meantime will, I conceive, facilitate your work in collecting the said moneys.
Decemb. 9. 1648.
Your very assured friend,
T. Fairfax.
For the Right Honorable the Lord Mayor, Aldermen, and Common Councel assembled in London.
Take here the Heads of an humble Address to his Excellency, Thomas Lord Fairfax, and his Councell, from certain Troops, who voluntarily gave up themselves to oppose the King in his former Tyrannous war, and also the late Insurrections in the Nation, under the Command of Colonell.
Reynolds, viz.
Because the liberty of the meanest is alike precious to God, we have fought against injustice these many years, and were incited thereto by the Nations Representatives, who did seemingly set their faces against unrighteousnesse, and by many Declarations and Protestations did begin well, but through corruption have declined from their principles, and instead of being a Bulwark against all Tyrants and tyrannie, did endeavour to raise an Army against iustice and right, which was a sad reward to those that had rolled their garments in blood for righteousnesse sake; nay, have been Voted Traytors for seeking and petitioning for their liberty, and the freedome of the Nation, and many imprisoned, who were our dear friends, and approved friends to the Nation. There were likewise many Insurrections of late in the Kingdom, and a Scotch Army invited in by domestique hypocrites, and the like; and we engaged also against these (as continuing firm to our principles) others proving Apostates, did (as much as in them lay) strive to ruine both you and us, and to set up unrighteousnesse in the Land, to our great griefe, &c.
And therefore for the love and Honour we bear to justice and righteousnesse, (that one witnesse of God in the world) and for the real love we bear to unity upon that account, and for the real Honor we bear to your Excellencies Authority; in order thereunto, we desire you would give the highest, justest, reasonable, impartiall, and righteous assurance, and satisfaction that may be, to all people, and Just men in the Army and Nation (that have a godly Jealousie, and that would advance the interest of impartial justice and uprightnesse,) that you are reall to all the Nation, and to us in particular (as aforesaid, as being members thereof) that so the Lord alone may be acknowledged in iudgement, and impartiall righteousnesse in the earth. And then our blood shall not be precious in our sight, but we will (if God and nature cals for it) spill it as water in the streets, to accomplish those ends for the Nation, and our selves, as individuall members thereof, against all Tyranes whatsoever, and manifest our selves (though we would not compare or boast) as subiect to your Authority and Conduct, as any men living, in this our Generation.
There is a Book intituled, A new Survay of &illegible; teaching the practique part thereof, so as to improve many of the Lands of the Gentry and Commons of England, from 2. s. or 3. s. an Acre, to 5. s. 10. s. 20. s. or 30. s. if not more and that chiefly by the poor mans labor, held forth as the Authors owne Experiences, printed for Iohn Wright at the Kings head in the Old Baily.
FINIS.
The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.
From Tuesday Decemb. 12. to Tuesday December 19. 1648.
FLatterers of Princes in these our dayes, have not only affirmed that Princes were lawlesse, but subiect to no Account, Reason, or Correction, whatsoever they did, but also, (which is yet more absurd and pernitious to all Common Wealths.) That all Goods, Chattels, Possessions, and whatsoever else a man hath, are properly the Kings, and that the people have only the use thereof, without any propriety at all, so as when the King will, he may take it from them by right, without insustice or iniury, which assertions do overthrow wholly the very nature and substance of a Common Wealth it self.
1. Kings were appointed in old time, that the people may the rather enioy Justice, and live in &illegible; and Tranquility, as Cicero saith, Justitiæ fruendæ causa bene morati Reges olim sunt constituti: but if they be bound to no Iustice at all, but must be obeyed, be they never so wicked, then is the end of all Common wealths, and Royall Authorities utterly frustrate; then may we set up publike Murtherers, Ravishers, Theeves, and Spoylers to devour us, in stead of K. and Governours to defend us; and then were all those Kings of the Iews, Gentiles, and Christians (formerly mentioned) unlawfully deprived, and their successors unlawfully put up in their places, and consequently all Princes living in Christendome at this very day (who are descended of them,) intruders, and no lawfull Princes.
And if the people have only the use, and no interest in their estates what other condition can the people be in, but slavery? Aristotle saith, That Free men and slaves differ only in this, That slaves have only the use of things without property, or interest, and cannot acquire, or get to themselves any Dominion, or true right in any thing; for that whatsoever they do get, it &illegible; to their Master, and not to themselves; and indeed the condition of an Ox or an Ass is the very same with a poor man that hath no slave, for that the Ox or Ass cannot be master of any thing for which he laboureth: And if all be the Kings by right, why then was Ahab and Iezabell, King and Queen of Israel, so reprehended by Elias, and so punished by God for taking away Naboths vineyard, seeing they took but that which was their own; nay, why was not Naboth accused of Iniquity, Rebellion, and Treason, for that he did not yield up presently his Vineyard when his Princes demanded the same, seeing it was not his, but theirs? Why do the Kings of England, France, and Spain, ask moneys of their people in Parliament, if they might take it as their own? Why are those Contributions, termed by by the name of Subsidies, Helps, Benevolences, Loans, &c. if all be due, and not voluntary of the peoples parts? How have Parliaments oftentimes (as the last but this in England) denied to their Princes such helps of money as they demanded? Why are there Iudges appointed to determine matters of Sute and Pleas between the Prince and people, if all be his, and the people have nothing of their own?
Another sayes, by what Law can a Common-wealth depose an evill Prince?
I answer. 1. By Divine Law for that God approves that form of Government which every Common wealth doth choose unto it self, as also the Conditions, Statutes, and Limitations which it self shall appoint unto her Princes. 2. By humane Law, for that all Law, both Naturall, Nationall, and positive doth teach us, that Princes are subject to Law and Order, and that the Common-wealth which gave them that authority for the common good of all, may also restrain, or take the same away again, if they abuse it, to the common evill, and may punish their Princes for such evill doings, he being not absolute, but Potestas vicaria, or Deligata, a power deligate, or by commission from the Common wealth, which is given with such restrictions, cautions, and conditions, yea, with such plain exceptions, promises, and oaths of both parties, as if the same be not kept between the King and People, but wilfully broken on either part, then is the other not bound to observe his promise, or oath, though never so solemnly made or sworn: For if two travellers should swear the one to assist the other upon the way, from all theeves, and other danger whatsoever, and it fall out, that the one joynes with a friend, and sets upon the other, to rob and slay him; clear it is, that the other is not bound to keep his oath towards that party that hath so wickedly broken it unto him, but rather ought to kill, or prosecute the Law, or Oath against him, for breach thereof. Childerick the last King of France, of the first Line of &illegible; for that as Paulus Emilius, Belforrest, Gerard, and other French stories do testifie, That being to be deposed, the Bishop of &illegible; in the name of all the Nobility, and Common-wealth of France made his Speech to &illegible; the Pope, for his Deposition, alleaged these two reasons, saying, Truth it is that the French have sworn fidelity unto Childerick, as to their true and naturall King, but &illegible; with condition, that he on his part should also perform the promises that are &illegible; to his office, which are, To defend the Common-wealth, protect the Church &illegible; Christ resist the wicked, &illegible; good, &c. And if he do this, then the &illegible; are ready to continue their obedience, and allegiance unto him; but if he hath &illegible; none, or not all these things, he is neither fit for a Captain in War, or for a Head &illegible; peace. And if nothing else may be expected while he is King, but detriment to &illegible; State, ignominy to the Nation, danger to Christian Religion, and destruction &illegible; the weal-publike, then it is lawfull for you no doubt (most holy Father) to &illegible; the French from this tie of their oath, and to testifie, that no promise can binde &illegible; Nation in particular, to that which may be hurtfull to all Christendom in &illegible;
Thus far the Bishop and his Speech were allowed, Childerick thereupon deposed and Pepin made King in his place:
By this then you see the ground whereon dependeth the righteous and lawfull Deposition of wicked Princes, viz. their falling in their oath and promises which they made at their Coronation, that they would rule and govern justly, according to Law, Conscience, Equity, and Religion; wherein, if they fail, or wilfully decline, casting behind them all respect of obligation and duty, to the end for which they were made Princes, then is the Common-wealth not only free from all oaths made, of obedience, or allegiance to such unworthy Princes, but is bound moreover, for saving the whole body, to resist, chasten, and take off such evill heads, if she be able, for that otherwise all would come to destruction.
Its no news to tell you that the person called the King is in this place ever since the first of this moneth: When the Governour of this Castle, Col. Eytes came down, and came into his presence, his Majesty saluted him with a kinde of a jeer, telling him, he hoped he would not take it ill that he came to visit his wife in his absence; but withall, that he was sorry to put him up in so narrow a room (meaning, himself and attendants would take up the greatest part of that little Castle, the Governour not having one room left for entertainment of a friend). The Governour answered his Majesty, that the place afforded not that accommodation as might be desired, but hee should be well satisfied with his present condition, especially now that his Maiesty was there in safety (which I believe was more then his Maiesty could cordially say himselfe). Upon Sunday last his Maiesty was speaking to Lieu. Col. Cobbet, to shew him by what order he was brought to that Castle (which till that time he had not seen) the Lieu. Col. shews him the Order, upon the perusall of which, he seemed to be well satisfied, after some debate about it, but told us, that as he had no desire to stay long in this place, yet he should be unwilling to be removed hence without the sight of an Order before hand; to which was answered, that necessity was above Order; he replyed, that it was true, but necessity was many times pretended, when there was none. Upon Munday morning he desired to take a walke upon the Beach, vvhich was condescended unto, there being sent before some Scouts to discover any danger that might be; having taken a walke of about a mile, he returned, and ever since, the weather hath been so bad (till these 3 or 4 last daies frost that he hath not desired to go abroad till yesterday; he seemes to &illegible; very pleasant ever since his coming hither, and takes great delight in discoursing of the Wars, and in shedding the blood of honest men; how it will be with him when he shall be called to an accompt for it, as a short time I suppose will produce (I know not) but do presume, the rememberance of it will not be so pseasant: I much rejoyce that so honest a heart as Lieut. Colonel Gobbet is with us in this place, there is a necessity of sending downe money presently, if the King shall stay long; his servants having taken up moneys and provisions for him, upon their own Credits. There was a mistake in naming the Kings attendants the last week, Major Ducket (an honest godly man) was left our, Master Reading was put in, but not here, Captaine Preston was called Capt. Weston, Mr. Laban is called Master &illegible; Master Muschampe is also left our, all which I Impute to the Scribe that sent their names from hence. We rejoyce to heare of the Armies proceedings, and taking into Custody the Rotten, Trayterous members, who have been the cause of all our misery, I wish they may so throughly purge them, as there may be no dreggs left, and bring them, and all other incendiaries, and Obstructors of our Freedoms, to exemplary and speedy Iustice, there being in my apprehension, no other visible way to prevent the shedding of blood, but by shedding the blood of these Incendiaries, without respect of persons.
Yours, A. T.
My Lord, I have understood by your late Remonstrance, and actings thereupon, how God hath awakened you now at last to his own work. The time was (which I then exceedingly bewayled) when you knew not the things that belonged to the Kingdoms peace, nor to your own: but now God of his great mercy to his people, and goodnesse to you, hath anoynted you with that eye-salve, which hath caused you to see both. And this is no other then Gods own doing among you, and towards his people, and so much the more marvellous in our eyes, by how much the more you were once against it. Wherefore I look upon your present actings, as the precious fruits of the faith and prayers of all the people of God in the Kingdom, aswell as your own, crying out aloud to God for deliverance, which they did beleeve, when they saw no means, nor could point out any instrument for this work; they all, with their Estates, Liberties, and lives, being as certainly sold by the Parliament Treators, and their faction, into the hands of the Tyrant King, and his malignant, malicious, and implacable party, as ever the Jews were sold by Haman, to be destroyed and slain in all the Provinces of the Empire of Ahasuerus. For after the Parliament, under pretence of opposing tyrannie, and arbytrarie power, and of restoring among us justice and judgement again, had drawn in all the honest and wel-affected party every where in the Kingdom, to appear for them, and so by this means had discovered them, and made them manifest in every County, City, Town, Village, and Family, then they treacherously deserting the cause they pretended to, and to make their own private peace with the King, without any consideration of the trust reposed in them, deliver up all these people, together with their just and righteous Cause, to the wrath, cruelty, and revenge of an inraged enemy, whom they would needs invest with his former greatnesse, and cunningly steal him into his former power, on set purpose to enable him to accomplish this mischief; which was the most treacherous, unworthy, and devillish design against honesty it self, aswell as all honest men, as ever was hatched in any age of the world. And therefore blessed be God, who hath kept your Army together, notwithstanding all secret subtleties, and open violences used to dissolve you, and hath also ingaged your hearts to this great and glorious work, of doing justice to all without respect of persons, then which, there can be nothing more acceptable to God, and more profitable to the Kingdom. Now because the work you are upon is a great work, and you are like to meet still with many great rubs, difficulties, oppositions, detractions, censures, many sons of Anack, and walled Cities, therefore I beseech you remember, that the whole work must be managed by faith, from the beginning to the end: For you now walk upon those waters (of People, and Nations, and multitudes) into which you will sink, longer then you do believe. And to strengthen your faith, remember how God hath been with you in the former and latter War; remember the footsteps of his presence, the menifestations of his power, the guidance and direction of his wisdom, the protection of his speciall love and providence; together with all the various helps of his goodnesse upon all occasions, above all your thoughts, and learn to trust and depend on him for the time to come, who hath been so faithfull and gracious to you hitherto. Consider moreover, that the time seems to be come, wherein God cals to remembrance the fighting of the poor, and the cry of the needy, and wherein he is come down to make inquisition for blood, for all the innocent blood of the thousands, and ten thousands that hath been shed, even from the first, to the last innocent blood of Col. Rainsborough. Wherefore rise up with God against his enemies, and let your heart be incouraged, and your hands strengthened to execute the vengeance written. How are the eyes of all the faithfull of the Land fixed upon you, as upon that power that God hath raised up, and preserved, and strengthened for this very purpose. Wherefore take heed now of worldly compliances, of counsels, of humane reason and prudence, of base self-ends and self-interests and of the cooling, delaying, daubing councels of fair, but false friends, and remember the work you are about is Gods, and not your own; wherein you can do nothing regularly, as you will, but must do all as he wils: Do justice, execute judgement, relieve the oppressed, cut in sunder the bands of wickednesse, break in pieces the Oppressors, from the highest to the lowest tyrant and content not your self to do justice, only so far as may be convenient for your selves, as Jehu did once in his faigned zeal for the Lord of Hoasts; for then however you may prosper for a while, because you do the work of God, yet your latter end will be, to be cut off, because you do it for self love, and not the love of righteousnesse, and so but by the halfs. Sir, the greater, and more unparalelled your work is you stand in the more need of caution from your selves, and counsell from your Christian friends; and therefore I have been so bold with your Excellency at this time, yet in all &illegible; and truth of affection both to your self, and the work of God in your hands. Now the Lord prosper you in his own work and way, and make your hands strong by his, till the whole counsell of his will be accomplished, for the preservation of his people, and the subduing of his enemies in this Kingdom. And so I crave leave to write my self.
Your Excellencies humble and faithfull servant in and for Christ.
A Solemn Protestation of the Imprisoned and secluded Members of the Commons House, against the horrid Force and violence of the Officers and Soldiers of the Army, on Wednesday and Thursday last, being the 6 and 7 dayes of December, 1648.
VVEE the Knights, Citizens, and Burgesses of the Commons House of Parliament, (above one hundred in number) forcibly seised upon, violently kept out of, and driven from the House by the Officers and Souldiers of the Army under Thomas Lord Fairfax, comming thither to discharge our Duties on Wednesday and Thursday last, being the sixt and seventh of this instant December, do hereby, in our owne Names, and in the Names of the respective Counties, Cities, and Burroughs for which we serve, and of all the Commons of England, solemnly Protest and Declare to the whole Kingdom, That this Execrable Force, & open Violence upon our Persons, and the whole House of Commons, by the Officers and Army under their Command, in marching up against their Command, and placing strong armed Guards of horse and foot upon them, without and against their Order, is the highest and most detestable force, and breach of Priviledge and freedome ever offered to any Parliament of England, and that all Acts, Ordinances, Votes, and Proceedings of the said House, made since the sixt of December aforesaid, or hereafter to be made, during our restraint and forcible seclusion from the House, and the continuance of the Armies Force upon it, are no way obligatory, but void and nul to all intents and purposes: and that all Contrivers of, Actors in, and assistants to this unparalel’d force, and Treasonable Armed violence, are open Enemies to, and professed subverters of the Priviledges, Rights, and freedom of Parliament, and disturbers of the Peace and settlement of the Kingdom, and ought to be proceeded against as such: and that all Members of Parliament, and Commoners of England, by their Solemn Covenant and Duty, under pain of deepest Perjury, and eternall infamy, are obliged unanimously to oppose, and endeavour to their utmost power, to bring them to exemplary and condign punishment for this transcendent Offence, tending to the dissolution of the present, and subversion of all future Parliaments, and of the Fundamentall Government and Laws of this Realme.
All which we held our Duties to declare and publish to the world, for fear our stupid silence should give any tacit consent, or approbation to this most detestable crime, and make us guilty of betraying the Priviledges, freedom and honor of this Parliament, to our perpetual reproach, and the prejudice of all suceeding Parliaments. Dated at Westminster December 11. 1648.
THe Lords and Commons Assembled in Parliament, taking into their consideration, a Printed Paper, Intituled, [A Solemn Protestation of the imprisoned and secluded Members, &c] Wherein, amongst other things it is declared (That all Acts, Ordinances, Votes, and proceedings of the House of Commons, made since the sixt of this instant December, or hereafter to be made during their restraint, and forcible seclusion from the House, and the continuance of the Armies force upon it, are no way obligatory, but void, and null, to all intents and purposes) The said Lords and Commons do thereupon Judge and declare the said Printed Paper to be false, scandalous, and seditious, and tending to destroy the visible and fundamentall Government of this Kingdom; And do therefore Order and Ordain the said Printed Paper to be suppressed: And that all Persons whatsoever, that have had any hand in, or given consent unto the Contriving, Framing, Printing, or Publishing thereof, shall be adjudged, and hereby are adjudged uncapable to bear any Office, or have any place of trust, or authority in this Kingdom, or to sit as Members of either House of Parliament. And do further Order and Ordaine, that every Member of either House respectively, now absent, upon his first comming to sit in that House, whereof he is a Member, for the manifestation of his Innocency, shall disavow and disclaime his having had any hand in, or given consent unto the Contriving, Framing, Printing, or Publishing of the said Paper, or the matter therein contained.
ORdered by the Lords assembled in Parliament, That this Declaration be forthwith Printed and published.
Ioh. Brown &illegible; Parliamentorum.
Noble Sir,
DId I not know full well how earnest you are after the finding out of rare inventions, and other curious things worthy of a noble and heroik spirit, I should not be so ready to impart you any thing that cometh to my knowledge, worthy of your observation, and also knowing your many and great imployments, yet do now make bold to represent unto you the strangest, and never heard of before invention of flying in the air. which, I doubt not, will, for its curiosity, and &illegible; of the conceit, be a matter of delight and pleasure unto those that are learned, especially that have studyed the Mathemateiks; and although this subject may be a matter of laughter, and be despised amongst them, being a rule among the vulgar, as not to believe any thing whatsoever, any further then they can apprehend the same, never considering what likelyhood, or probability there is for the effecting thereof: The thing is thus.
There is at this present in this Court a certain man lately come from Arabia, who is come hither to the King of Poland, to whom he proffeseth his head for security of that which he propoundeth, which is, that he hath brought from that Countrey the invention of a Machine, being Airie, & of a construction so light, neverthelesse so found and firm, that the same is able to bear two men, and hold them up in the Air, and one of them shall be able to sleep, the whiles the other maketh the Machine to move, which thing is much after the same manner, as you see represented in the old Tapistry hangings, the Dragons flying, whereof this same takes its name: I do give you them for patern, or modell of this invention, being a thing much in question, and to be doubted concerning these flying Dragons, whether any be alive; likewise it is questioned by many of the truth of being any Unicorns, Griffins, Phœnix, & many other like things, which by many wise, understanding men, are deemed to have little or no reality in them, but all imaginary; neverthelesse we beleeve this upon the credit of Antiquity, and the report of many who know more. There are few in this Court but have got a pattern of this Machiner, and do hope to send you one likewise, in case that this project takes some good effect, and proves to be as true, as rare in its invention; the forms of it which he hath made, and afterwards presented here, with the many strong reasons he gives for to maintain his Proposition, seeme to be so strong, and so likely to be true that there is great hopes conceived thereof; and although he undertakes that the Celerity, or swistnesse of this Airie post, shall be far beyond that of our ordinary Posts, seeing he promises to go with the same in 24 hours, 40 Leagues of this his Country, which will make of English miles neer 240. which thing seemeth so strange to many, that therefore they fal off from him, & so give little credit to it, although he hath brought with him good Certificates, how it hath been approved by many in other places, where he hath made experiment thereof, to his great Honour and credit, and the Admiration, and great amazement of the beholders; besides, it may be well thought, that a man of Honour, as he seems to be, would not set so little by his life, as to lay it at stake about a businesse of that nature, except he had some good grounds for it, and had some experimentall knowledge of the same; seeing he must hazzard his life two severall wayes, the one in case he did not make a triall of what he had promised, and so be proved to have come hither as an Impostor, to have cheated this Court, who upon discoveries of like businesses, will not make it a jest, or a thing of small moment; and the other time of danger is, when he begins to take his flight, which he is to do above the highest Towers or Steeples that are, and without his dexterity and certain knowledge therein, would run into an utter ruin and destruction.
Whither it be true or no, there are Commissioners appointed, who are to examine the businesse, and so acordingly as they finde it, to make their report, and is appointed to make an essay, and shew a piece of his skill in their presence, before he is suffered to act it publickly, that if in case his businesse doth not prove according to expectation, they that have given credit to it, and him may not be exposed to open shame and derision, even as it happened once in the City of Paris, where a stranger having gathered together neer the Louure many thousands of Spectators, in whose sight, as a man void of sense and reason, having taken his flight from the top of the highest Tower thereabouts, which is between the Louure and the River of Seine, this miserable wretch fell down upon the ground, broke his neck, and his body torn in pieces. Whilest every one is expecting the issue of this, there are many great wagers laid about it, yet take this by the way, that there hath been severall great consultations made with the Mathematicians about this, who have all declared, that the putting it in execution is very difficult, but for the thing it self, do not count impossible; and to this purpose there was a true information brought of a prisoner, who having tied very fast about his Coller, and under his Arms, a long Cloak, whereunto was made fast a Hoop, to keep the spread out, and round, casting himself from the top of a high Tower, where a small River ran at the foot thereof, wherein he thought only to have faln, it happened otherwise, for he was carried on the further side of the water, and came there save and found; this Cloak, which stood him instead of a fail, did bear up the weight of his body, and so &illegible; the air by degrees, that he had time to defeend easily to the ground, without receiving any hurt by the fall; and not to bring here that fabulous History of &illegible; the most famous Artist of his time, Architer Tarentin made a wooden Pigeon, who fled very high into the air, as also an artificiall Eagle, at Nuremberg, at the magnificence and great Reception which was made by that City unto Maximillan the Emperor although both of them were much heavier, and yet not so big as a childes babie; these two things being raised a great heighth into the Air, being only held with a &illegible; But another Ingineer had not so good successe, for having raised himself into the Air by means of an Engine, much like to this we speak of, before he had raised himself so high as he intended, the Wiers did break in pieces, whereby he fell to the ground sooner then he was willing, and by the fall broke his thigh, and was in great danger of his life; yet by this we may gather thus much. That the thing may possibly be done; moreover, experience daily shews us, that nothing is impossible unto man, but that through labour and industry, the most difficult things at length may be obtained, only in this point concerning the possibility, or impossibility of things, wise men do seem to be most slow in giving their opinion about it; there are also examples of birds, and those that swim; whereby we may judge by their swiftnesse, that the Air may do the same operation upon other subjects, according as the Artist can accommodate it self to it.
Westm. Decemb. 12. The Commons Vote Major Butler, and Capt. Stirkes Troops in Northamptonshire to be continued for a moneth longer. Bristoll and Exon Petition referred. They revoke the Votes for re-admitting the 11 Members, and Vote them to be of dangerous consequence, and tend to the destruction of the peace and justice of the Kingdom: And repeal the Votes that repealed the former Votes for no Addresse to, &c. from the King, and declare them highly dishonourable to the proceedings of Parliament, and apparently destructive to the good of the Kingdom. The Commons Vote that the severall Votes of the 10 of Novem. 1648. concerning the banishment of the L. Goring E of Holland. L. capel, Sir Henry Lingen, Henry Hestings, Esq; now called L. &illegible; Major Gen. &illegible; and Sir John Owen, are destructive to the Justice of the Kingdom, and are hereby revoked, and made void. They likewise ordered, that the Vote of the 10 of Novemb 1648. that James Earl of Cambridge be fined the summe of 100000 li. and that he be kept close prisoner till the payment of the said summe be, and is hereby revoked, and he left to justice. They likewise resolved that the Vote of Aug. 2. 1648. That the Commissioners intended to be sent unto his Maiesty, to treate with him shall have power to treate with his Maiesty in the Isle of Wight, upon such Propositions as shall be offered by him, was destructive to the peace of the Kingdom, and is hereby made void. They further ordered, that the Vote of Decemb. 5. 1648. That the Answer of the King, to the Propositions of both houses, are a ground for the House to proceed upon, for the settlement of the peace of the Kingdom, is highly dishonourable to the Parliament, and destructive to the peace of the Kingdom, and tending to the breach of the publike faith of the Kingdom. And that the Vote of July 28. 1648. That a Treaty be had in the Isle of Wight, with the King in person, by a Committee appointed by both Houses, upon the Propositions presented to him at Hampton-Court, was highly dishonourable to the proceedings of Parliament, and apparently destructive to the good of the Kingdom. A Committee was appointed to collect the Votes and Orders concerning Elections in Cities and Burroughs, and are to present to the House an expedient, how to avoid the Elections of Malignants, and such as brought in the Scots, or had any hand in the last war. They likewise ordered, that it should be referred to his Excellency the Lord Generall, to take care that the King escape not, and that he keep his Maiesty in safe custody. In order to which his Excellency and his Councell of war thought fit, that his Maiesty should be removed from Hurst to Windsor Castle, and that a Brigade of horse be drawn out of all the Regiments in and near London, to be a safe guard and convoy for his Maiesty to the said Castle. Decemb. 14. The Commons Vote a Committee should go to the Generall, and know of him upon what grounds the Members of the house are restrained from comming to the house by the Officers and Souldiers of the Army. They likewise ordered, that the Vote formerly past for appointing Ships to guard the Isle of Wight, be taken off and that the said Ships be used for the most advantage of the Common wealth. A dispute then arises for calling the Lord Admirall home by Letter, but upon division of the house, it was carryed in the negative. They repeal the Ordinance for setling the Militia of the Kingdom, and that likewise for the Militia of Lancaster. They vote Ammunition for Hurst-Castle, according to a particular sent up by the Governour. Decemb. 15. The L. Gen was ordered to be desired to send a guard daily of horse and foot, to guard the house. And a Committee was appointed to attend the Generall therewith. They vote two moneths gratuity for the Marriners, And if so, why not two moneths gratuity for the poor gallant &illegible; And order that the Committee of the Navy do confer with the Lord Gen. that the 28000. li. that was received by the souldiers at Weavers, Hail and is to be paid out of the arrears of the City, and shall be paid in by the City, do go, and be imployed for the present service of the Navy, and that the said summe be re-imbursed, and paid to the Treasurers at Weavers Hall, within three moneths, out of the Customes. Monies and provisions for the Navy were referred to a Committee. Decemb. 16. The Committee of the Revenue report what is fit to be daily allowed for the K. and his attendants expences; The house concurried therein, and ordered to &illegible; a day be allowed accordingly. They likewise reported the names of those that shall attend his Maiesty, which the house approved of; Their names are, viz. Mr. Harrington, and Mr. Horbert, both of the Bed-chamber, Mr. &illegible; Carver, Lieut. Col. Robinson Cup bearer, Maior Ducket Sewer, Cap. Preston of the Robes, Mr. Readig Page of the back staires, Mr Lee paymaster, Mr Muschamp of the Woodyard, Mr. Levin of the Cellar and Butrery, Mr. Katchside of the Pantry and Ewre, Mr. Laban. Page of the Presence, Mr. Turner groom of the Chamber. Cap. &illegible; Mr. Cook. They repealed the order, forgiving to send for Delinquents (being none of the 7 excepted) from beyond sea and out of prisons, to compound, and that such Delinquents as were so sent for, are to be remanded to the same prisons again. The Lords agreed to an Ordinance for repealing the Ordinance for setling the Militia of the Kingdom. The Commons vote another Ordinance for setling the Militia of the Kingdome, to be drawn with speed. A Letter came from the 16 of the Committee of Kent, declaring their sense and danger of the Ordinance for the Militia of the Kingdom being in the name of King and Parliament, in which respect they know not how to act upon it, unlesse the King and Parliament were agreed, which they desire to know, and if agreed, then upon what termes. The house rescented this well, and ordered a letter of thanks to them, and withall to acquaint them, that they had repealed the said Ordinance. They order that on Monday the house should consider of some expedient to be offered, for the settlement and peace of the Kingdom.
Two honest Representations, and Petitions, from Bristoll, and Dover Castle, were presented to the Generall this week, and his Councel of War, which was well rescented, and all honest men praising God for so happy Coniunctions of all the godly people in the Kingdom, here take them at large:
To his Excellency Thomas Lord Fairfax, and the Honourable, the Councell of the Army.
The Humble Representation of divers honest inhabitants of the City of Bristoll, and the Adjacent Villages.
My Lord and Gentlemen,
WHen we beheld the glorious splendor of Iustice and Righteousnesse, beaming forth it self in your Remonstrance to the House of Commons, November 18. 1648. we were filled with joy and satisfaction, that the divine presence had again overshadowed you, and appeared thereby to us with smiles of love, and pledges of favour, when with the night of ruine we were almost overwhelmd: For which, as we kisse the footstool of that glorious Majesty, who thus rarely brings forth our deliverance, so we chearfully confess you to be his glorious Instruments, whereby he hath stilled the enemy, & the avenger.
We must seriously professe, that though your former proceedings against that generation, were exceedingly prospered, beyond the Parallel of former ages, and had engraven upon them, the kindnesse of God to a distressed people, yet they had but served to make us more exquisitely miserable, if your former Conquests should have acquiesced in the Actions of that House; who were bringing your Conquered Prisoner with Honor and safety to sit upon the Throne of Power, Majesty, and Greatnesse, without satisfaction for the blood that hath been shed, or sufficient provision made for the security of the liberties of England, and their faithfull assertors: And should you now (which God forbid) forbear the effectuall prosecution of what you have now Remonstrated, and professed, we may from that, sadly write all imaginable misery upon us, and our posteritie for ever.
We were filled with sorrow when we saw the abominable Apostacy, and degenerated Actings of the Maiority of the House of Commons, who, after we had bought their security with our most precious blood, and treasure should by their Treating with the King, so cruelly fell us into the blood and revenge of him, and his Consederates, so contrary to their &illegible; Principles and Declarations, and to iustice and equity, esteeming the effusion of the most excellent english blood to be but a iust Homage to his lusts, and Tyrannie, and all their unhappinesse to be but an equitable Tribute to his will and pleasure; the consideration of which, as it filled us with amazement, so it drew from us thereof a sad Remonstrance, which we made ready to present them but when we saw what would be its portion, in the laying aside of other Petitions of that nature; through the prevalencie of the Royals Faction, we were put into great perplexities, and thoughts which way we might avoid our destruction, and then were directed to your Excellencie and Army as those who were the sword of the Lord, and the only way we could imagine for our preservation. To you then, as the last hopes of our dying spirits, did our thoughts hasten, if so be God had laid up in your heart salvation, and to that end, unbosomed our troubled souls with an Humble Representation, and with our desires that you would pity your selves, and England, and take notice of our Apprehensions, and Condition, in that the Petition was intended to the House, and act in Orders to them both, and we were ready to have presented it, but such was the goodnesse of God, that in the moment of time he appeared upon you beyond all expectation, with the glorious presence of Iustice and Equity, and with excellent Remedius for the healing of the Nation, layd down in your Remonstrance; with which, as we are really one in all things, so as life, upon the giving up of the Ghost, was it to us a seasonable refreshment.
In the prosecution of which, go on Noble Generall, and worthy Gent. in the strength of the Lord of Hosts according to his power acting in you; and his people your friends in England, and cease not till the Cedars of Tyrannie be laid even with the ground, and the happinesse of this the Nation be established upon the pillars of Iudgement and Equity. For the accomplishing of which, we do hereby assure you, that with our lives and estates we shall readily follow you in all your engagements.
We who subscribed a Petition to your Excellency, presented at Kingston, in August, 1647. do desire our loving friends, Mr. Robert Stapleton, Mr. Iames Powell, Maior Samuel Clark. and Capt. Thomas Norris, or any two of them, to deliver this Representation to your Excellency and Councell, in our names, and at our Requests.
To his Excellency, the ever &illegible; Lord Fairfax, Generall of the forces in the Kingdom of England, and Dominion of Wales.
The humble Representation of the Officers of horse and foot in, and about Dover Castle, in the behalf of themselves and souldiers.
Humbly sheweth,
THat as we cannot but look on it as an especiall Act of providence, and manifestation of Divine love, that notwithstanding the power and policy of the publick Enemies of this Kingdom, your Excellencies undertakings should be Crowned from heaven with so great successe and victory, so we are fully sensible of the inveterate Rage, and continued plottings of our adversaries, together with the detectable Apostacy of many that have formerly ioyned with us; whereby, after the effusion of so much precious blood, we are likely to be &illegible; under a most cruell Yoke, worse then our late Egyptian Bondage, and therefore we most humbly declare:
That we prize it as a great and choise pledge of future blessings, that God hath stirred up your Excellency to Act on such high and raised principles, as are set forth in the late Remonstrance and Declarations, whereby Iustice may be impartially executed as well on him that sits on the Thrent, as on the meanest subiect, and the cursed Actions, and troublers of our Israel, removed from among us, that righteousnesse may run down in such a stream as the God of Iustice may be satisfied for the Current of the blood of his Saints that hath been shed in this Kingdom, and the faithfull reap the benefit of their former servent prayers and endeavors. In Order to which, we are, and shall be ready to the hazard and lesse of what is most dear and precious to us, to engage in any service to promote the ends proposed and though we have not been so speedy in this Representation, and are Restrained to a particular place, (in which we shall endeavor to Act faithfully according to our trust) yet our hearts are enlarged with the earnest desire of the publike Peace, and safety, and have, and do unanimously reioyce in your Excellencies righteous undertakings, in pursuance of the ends Remonstrated. And not doubting but the God of our former deliverances, will carry your Excellency through all difficulties, and those mountains of opposition shall become plaine before you. We humbly beseech your Excellency would proceed in what is justly proposed, that the Kingdom may not be beguiled with the specious pretences of our subtile adversaries, but that Delinquents may be punished, our liberties confirmed, and the Kingdom fetled, to the glory of God, and comfort of his people; for the effecting of which, without respect to our pivate interests, we shall willingly, with our lives in our hands, encounter vvith the great difficulties, and really ingage in vvhat may manifest our selves,
Your Excellencies, and the Kingdoms most saithfull servants.
From before Pontefract Decemb. 16. Sir, our service is difficult, and our duty as hard, but for pay, are in greatest of want; the Committee of the Army promised us a moneths pay 14 dayes since, and told us that the Treasurers would send us down Warrants, or Bils of Exchange, but as yet we hear nothing of either. Wee cannot expect any thing from the poor Country, though (for want of pay) we are forced to desire victuals of them, and I am perswaded, that many that give us it, stand in as great, if not greater need thereof then our selves. It pities us, that we must of necessity be so burthensome to them and we are the more troubled, that we should be so slighted. We have at last concluded of a Declaration in complyance with the Remonstrance of the Army, and have sent up a Captain to present it to his Excellency, and the Councell of war though we have not the honour to bring up the Van in this great undertaking, yet we know there is much honour to bring no the Reer. We are not good leaders, but may be good followers, and I am confident will be in this engagement. The forces within come out daily, Lieut Cole came out on Monday last deserting the enemy, he sayes they have good store of provision, but the souldiers very sick, and much indisposed: about two dayes after came out one Mr. Hawkins, who desired presently addresse to Maior Gen. Lambert, which granted, he acquainted him that the said Lieutenant Cole came out of the Castle upon a design to stab him, the Lieutenant was likewise examined, but denies it; both stand Committed till further Order.
Scarborough 16 December. Sir, we have been sed long with expectations from the Governour, to admit of a reall Treaty, we finde him very plausible of late, and more complying now then ever; I suppose we shall make but shore work of this businesse, having great hopes, and some assurance of a speedy surrender. We heare our Brethren of Scotland are not well pleased with the late transactions in England; the Royall party would faine be heading, but little danger of any Attempt thereof till the Spring, but I doubt not Argiles fidelity, and performance of his former Engagement.
White-Hall Decemb. 18. This last vveek hath in patt been spent in Debate of the Agreement: The Question that sticks vvith them, is, What power shall be given to the Civill Magistrate in things called Religion, and whether any at all, and in matters of appeal to Parliament; a short time, I hope, will end the dispute; and in part likewise concerning the Execution of Iustice upon Capitall Offenders, and something Ordered in relation thereunto, which I shall forbear to mention at present. The City begins to be sensible of their error, and complies with the desire of the souldier, as to bedding for all the foot, and submiting to quartering amongst them; they begin to repent their folly, but by that time some of their Grandees have paid for’t, they’l be better satisfied.
West. Decem. 18.
The Lords desired that Friday next be kept a day of humiliation for all within the late lines of communication, to seek God for diverting the heavy Iudgements that hangover the Nation, and for giving a blessing upon the consultations of Parliament; the Commons disagreed as to all within the late lines to observe the day, and agreed that the two Houses only keep it as Margarets Westminster. They voted Mr. Gockaine and Mr. Bond should be desired to preach, and Mr. Hoxcraft to pray. The Lords agreed to the Ordinance for election of Officers in London, to be neither Delinquents, or those that have acted in the late Commotions or insurrections, or such others as have had a hand of inviting the Scots into this Nation.
FINIS.
The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.
From Tuesday Decemb. 19. to Tuesday December 26. 1648.
COncerning the Interest of Princes before their Coronation, most of them have not failed to finde as shamelesse flatterers, as themselves were either vain or wicked Princes; and for my part, I am of opinion, That the Propositions of Belloy did rather hurt and hinder, then profit the Princes; by whom, and for whose favour he writ them, Is the King of Navarre: whom hereby he would have admitted to the Crown of France without all consent, or admission of the Realm: But I for my part, as I doubt not greatly of his Title by propinquity of blood by the Law Salique, so on the other side am I of opinion, that these Propositions of Belloy on his behalf, that he should have entred by only Title of birth, without condition, consent, or approbation of the Realm, without Oath, Anointing, or Coronation, yea, of necessity, without Restraint, or Obligation to fulfill any Law, or to observe any priviledge to Church, Chappell, Clergy, or Nobility, or to be checked by the whole Realm, if he rule amisse: These things, I say, are rather to rectifie the People, and set them more against his entrance, then to advance his Title; and therefore in my poor Iudgement, it was neither wisely written by the one, nor politickly permitted by the other; and to the end you may see what reason I have to give this censure, I shall here set down his own Propositions touching this matter, as I finde him in his own words: First then he avoucheth, [That all families which enioy Kingdoms in the world, were placed therein by God only, and that he alone can change the same, which if he refer to Gods universall providence, Quæ attingis a fine usq. in finem sortier, as without which, a Sparrow fals not to the ground, as our Saviour testifieth Mat. 6. None will deny but all is from God, either by his Ordinance, or permission; but if we talk, as we do, of the next, and immediate causes of Empires, Princes, and of their changes; Cleere it is, that men also doe, and may concurre therein, and that God hath left them lawfull Authority so to do therein, and to dispose thereof for the publique benefit, as largely before hath been expressed; and consequently to say, that God only doth these things, and leaveth nothing to mans Judgement therein, it against all reason, use, and experience of the world.
The Second Propoosition of Belloy, is [That where such Princes are once ‘placed in government, and by Law of succession, by birth established, there the Princes Children, or next of kin, do necessarily succeed by only birth, without any new choice or approbation of the people, Nobility, or Clergy, or of the Common-wealth together:] Apolog. Cathol. part 1. parag. 7. And to this assertion, he joyneth another as strange as this, which is, [That a King never dieth, for that whensoever, or howsoever he ceaseth by any meanes to Governe, then entreth the successor by birth, not as heire to the former, but as lawfull Governour of the Realme, without any admission at all, having his Authority only by the Conditon of his birth, and not by Adoption, or choice of any:] Apolog. pro Rege. c. 6. & 34. which two Propositions, albeit they have been sufficiently refuted by that which hath been spoken before, yet shall I again, in the next, confure more amply the untruth hereof.
Other two Propositions he addeth. [Apolog. Cathol. part 2. Parag. 7. & pro rege Chap. 9. That a Prince once entred into government, and so placed, as hath been said, is under no Law or restraint at all of his authority, but that himself only is the quick and living Law, and that no limitation can be given unto him by any power under heaven, except it be by his own Will; and that no Nation can appoint or prescribe how they will obey, or how their Prince shall governe them but leave his authority free from all bonds of Law; and this either willingly, or by violence, is to be procured.] By which words it seemes he painteth out a perfect patterne of a Tyrannicall Government, which how farre it did further the King of Navar, I leave it to all Historians to judge.
His other Proposition is Apolog. pro Rege Chap. 20. That albeit the Heire apparent, which is next by birth to any Crowne, should be never so impotent, or unfit to governe, as if (for example sake) he should be deprived of his senses, mad, furious, lunatick, a foole, or the like; or that he should be knowne on the other side, to be most malitious, wicked, vicious, or abominable, or should degenerate into a very beast, yea, if it were knowne that he should goe about to destroy the Common-wealth, and drown the Ship which he had to guide; yet (saith this man) he must be sacred and holy unto us, and admitted without contradiction unto his Inheritance, which God and nature hath laid upon him, and his direction, restraint, or punishment must only be remitted to God alone, for that no man, or Common-wealth may reforme, or restraine him. But because it would be too tedious to keep off the Reader longer from his Intelligence, both forraigne and domestique, expect an Answer by way of confutation thereunto in my next.
To the Right Honourable his Excellencie the Lord Fairfax, Generall of the Parliaments Forces for the Kingdom of England, and Dominion of VVales.
The Humble Petition and Addresses of the Officers and Souldiers in the &illegible; of Boston.
May it please your Excellency,
THe sense we have of the present distemperatures, and dangers of this Kingdom, and the strength of Reason we finde in your late Remonstrance presented to the House of Commons, have taken such hold of our judgements, as not only to approve of some just course, though extraordinary, in this Juncture of time, for the healing thereof; but withall, Humbly to tender our cheerfull and ready concurrence therein. And here we crave leave to expresse what we cannot seriously think of without regret, That since the Kingdom hath now been delivered the second time into the Parliaments hand, the chief Incendiaries, and Instruments of these late wars, have not been brought to publick Trial, and Iustice, for their wicked and Traiterous Designs, and attempts, whereby to deter others from the like for the future.
VVe therefore beseech your Excellency, as the good hand of God shall &illegible; you, to think of some Expedient, and to endeavour effectually that impartiall Iustice may have its free course, and the obstructions of it removed, that Government may have its due constitution, the people of England their iust Rights, and the Kingdom a speedy, and (through Gods blessing) a happy settlement. For the gaining of which, we shall faithfully serve your Excellency with our lives and fortunes.
Reader, because of concernment to the whole Kingdome, take here at large two Ordinances of the Lords and Commons Assembled in Parliament, concerning the Electing of all Officers in the City of London, and Liberties of the same, the one dated December 18. 1648. the other. December 20. 1648.
THe Lords and Commons Assembled in Parliament do declare and Ordaine, and be it hereby Ordained by the said Lords and Commons, That no person whatsoever that hath been Imprisoned, or hath had his Estate sequestered for delinquency, or hath assisted the King against the Parliament in the first or second wars, or hath been aiding or assisting in bringing in the Scots Army to invade the Kingdome of England, or did subscribe, or Abet to the Treasonable Engagement in 1647. or that did Aide, Assist, or Abet the late Tumult within the Cities of London and Westminster, or the Counties of Kent, Essex, Middlesex, or Surrey, shall be Elected, Chosen, or put into the Office and place of Lord Maior, Alderman, Aldermans Deputy, Common Councell man, or into any office, or other place of trust within the City for the space of one whole yeare, or be capable to give his voice for chusing any person to any the offices aforesaid.
And it is hereby further ordained by the Authority aforesaid, that if any person, or persons comprehended under the aforesaid Exceptions, being chosen, shall presume to sit in the Court of Aldermen, Common-Councel, &c. or execute any of the aforesaid offices, contrary to the true intent of this Ordinance, shall forfeit the sum of two hundered pounds, the one halfe whereof shall be within twenty daies paid unto him, or them that shall make proofe thereof, and the other Moiety to be paid unto the Treasurers appointed by Parliament, for the use and relief of the maimed souldiers; and it is hereby declared, that all such Elections are null, and void, and the Lord Maior for the time being, is hereby required from time to time to give order, that this Ordinance be published at all Elections, and that the same be strictly and punctually observed, as also by affording the liberty of the Pole, it being required by any of the Electors present; and for the better execution of this present Ordinance, be it further Ordained, That the Lord Maior of London, the Sheriffs, and Aldermen, and Justices of Peace within the said City of London, or any two of them shall, and are hereby authorized, and required to commit to prison all such persons, as after due proofe upon oath to be made unto them, or any two of them, of any person that shall make any disturbance, at any Election, contrary to this Ordinance, and to leavie the said Fine of two hundred pounds by &illegible; and sale of the goods of the person so offending contrary to this Ordinance.
John Brown, Clev. Parliamentorum.
WHereas there is an Ordinance of the Lords and Commons assembled in Parliament, bearing date the 18 of December, 1648. for the choosing of Common Councel-men, and other Officers within the City of London and liberties thereof, for the yeare ensuing. The said Lords and Commons do further Declare and Ordaine, and be it hereby Ordained by the said Lords and Commons, that no person whatsoever that subscribed, promoted, or abetted any engagement in the Yeare 1648. relating to a personall Treaty with the King at London, shall be elected, chosen or put into any of the Offices, or places expressed in the aforesaid Ordinance, under the penalty contained in the same, upon the other excepted persons, and to be Jevyed according to the provision of the said Ordinance; and the Lord Maior for the time being, is hereby required that this Ordinance, with the other, be published at all Elections, and strictly and punctually observed, according to the true intent and meaning hereof.
John Brown, Cleric. Parliamentorum.
THese are to require you to publish this Ordinance, with the other, Dated the 18. of this instant moneth, at your elections, and that the same be strictly and punctually observed, according to the true intent and meaning of the same, this 20 day of December, 1648.
Michel.
The 14 instant Prince Charles came hither again to take his old lodgings, he being not in a capacity to remaine there, whilst he had any pretentions to the Crowne of Poland, and the same day of his arrivall went to salute the Queene &illegible; of Poland, who did that day goe abroad, being the first time since her sicknesse; her Maiesty being carried into the hall, where lay the corps of her deceased husband, and was brought to her place appointed by the Popes Nuntio, the Count Arpajou, Ambassadour extraordinary for France, together with the rest of the other Ambassadours This day came Intelligence of the Cosacques comming before &illegible; & have close besiedged it. The 17 instant, the Assembly began to Vote about the Election of a new King, the Archbishop of &illegible; having his Pontificall habit, and kneeling in the middle of the Assembly, they sung the &illegible; Creator, which being ended, the great Circle, composed of all the States of the Kingdome, was devided into severall parts, each Palatine making a small Circle, every one of the Gentry did write in a ticket whom he Elected for King, and therein did nominate Iohn Casimer Son, and brother to the King of Poland, for their King, Then each Palatine having gathered the tickets, did nominate one for each County, the Palatine of &illegible; being the first, and so the rest according to their degree, the Bishops having yeelded the right of preheminence; which they pretend unto the Palatins, being obliged in this action in a particular manner, seeing here is a concernment for the Armies, where every Gentleman hath the power to Vote severally, the least of them being able by this opposition to hinder the Election, seeing it is to be done, Nomine contradicente; All the Palatins having given their Vote for Prince Iohn Casimer, who is to name him, without whom the Election is not firme, did deliver the 18. Instant unto the Embassadours, who were sent before from that Prince, the conditions, or Articles wherewith the Crowne was offered unto him, but that day it could not be decided, and so deferred till the next, by reason the Embassadours were loath to give way to the consenting unto those Articles, as they were presented; and the businesse is so agitated, that this Prince is invested with the Crowne, under the same conditions that his deceased father did enjoy it, there being no new addition made, but all as it was formerly: all the which Articles he is to swear too to morrow; but before his Nomination, the Archbishop did kneel down to intreat God to give a blessing upon the work which he was going to accomplish, and after a short prayer he stood up and spoke with a loud voice, that by vertue of the power granted unto him, he did name the Prince Iohn Casimer King of Poland, and great Duke of Lithuania, and immediatly the Assembly did shout and say, Vivat and presently the great Marshalls of the kingdome, and those of the Dutches did proclaime the same in all places where it is accustomed and chiefly in the 4 entries to the Camp, where the Assembly was seated.
This Archb. did thereupon begin the Te Drum, and the Ordnance plaid their part in acknowledgment of joy, together with the sound of Trumpets, and other instruments. There was sent immediately a Gentleman to bring the news to this Prince, who was come hither Incognito 2 dayes before, and he would carrie the news himselfe unto the Queen, being alwaies near her Palace, and not absenting himself, but only to give his hand to kisse, unto those that came from the Assembly; where they have agreed to Crowne the new King, upon the 17 of Ianuary next: and the more to encrease our joy for this Election, here are arrived Deputies from &illegible; Generall of the Cosacks, who do not only desire a Treaty, but moreover submit to the new Kings Commands, whatsoever they are, declaring, that their taking up armes, was onely to free themselves from the oppression of Duke Wiesuiewitz, and the Generall &illegible; against whom they have heretofore made heavie Complaints, in so much that it is very likely that this Election will bring much tranquilitie and peace to the Kingdome.
The 16 Instant, the Spanish souldiers taking some goods from our Citizens, without paying for it, caused such an uprore thereabouts, that there appeared no lesse then fourscore thousand in armes in this City, where they were resolved to kill all that were in opposition, being of the Spanish party, but all this was prevented by the good order and care of Count de Ognate, our vice King, who fearing least this rising might draw to an ill consequence, did immediately give Command to our chiefe Citizens to take up Armes, and so to oppose this rising of the common people, whereof fourty were made prisoners, and of them 3. were condemned to be hanged the same day, but even at the time of execution they were saved by the Prince de &illegible; who got a pardon for them, together with some Deputies from the people, who obtained the same from our Vice King. But for all this, another rising did again break out the 26. instant, against the Spanish party, and this to be executed at the time when the Spaniards should go to the Vicaridge, which is the Common prison; this resolution being knowne by the Vice King, he did prevent the execution thereof, and having the greatest part of the Nobility with him, all on horse-back, did ride through the severall wards of the City, to keep every one quiet, being now resolved to builde a new Port at Pizzo Falcone, that so he may keep the people more in awe, and hinder further harmes. The body of horse that belongeth to this City hath been sent back again to Averso, where they have their winter quarters. The Prince of Traja, and the Duke of &illegible; who were like to have sought a Duell, have been reconciled, but withall, are both sent prisoners to one of our Castles.
In the last Consistorie held here, the Cardinal la Cueva, did motion concerning the Bishoprick of St. Dominick, in the West-Indies, to be conferred upon Master Guido Lupo, the Cardinal Luigo, that of Cajazzo in Corsica, for Mr. Francisco Perini the Cardinal Vesim; that of Bayeax in France, for the Abbot Mali, Sonne to the first President of the Count of Parlement, at Paru, and the Cardinal Rondanini, that of Astoli in the Kingdome of Naples for Mr. Castel Tomara; The Pope hath also appointed the Lord Elci, Archbishop of Pisa, to be Nuntio in Extraordinary to the Kingdome of Poland.
We have received the confirmation concerning our Fleet, that they are still before the Dardanelles, that they have lately surprized the Island of Lesbos, seated in the Archipelago, being an Island about 70. miles compasse, the place being so fruitfull in all things that are necessary for mans life, that it hath stood us in much stead for to refresh our men, who are much tired and wearie of their hard duty and service; there also we have landed some forces, and put there our sick men to secke their recovery. Our General hath given Order for the building of severall Forts, and Blockhouses, the better to secure that place; but we heare moreover, that the Turkes doe continue with much fiercenesse to assault the Citie of Candia, although it is certaine, that since they sate downe before it, they have lost above 25000. men, having endeavoured to take it by storme, and being repulsed thirty eight times, in fourteen moneths space, that they have besieged it, and having made uselesse, 22. of their Mines. The General Foscolo is at last gone from Zara, in Dalmatia, having seventie saile of Ships, with an intent to goe for Castel Novo, which place he intends to besiege; he hath with him 12000. fighting men, which are to be landed, and immediately fifteen thousand more are to follow for a supply, being raised in severall parts, and are to meet at the Rendezvous, which is to be at Montenegro.
The Marquis of Caracene our Governour, hath sent to the State of Luca Dom Gieronimo de Stampia, who is Lieutenant to our Field Marshall General, his journey is to no other end, but to Complement that State, and to returne him thanks for their congratulation at his first comming to this Citie.
The first instant there were lots drawn here, as the custome is; five chief Lords are appointed to be as chiefe Governours of this State; these five are Gio. Francisco Scaglia, Carlo Imperiale, and Antonio Cassela, for Senatours; Stephano de Nagro, and Gio Battista Baliano for Procurators.
The French forces, who are under the command of Colonel Shomberg, having taken their Quarter the fifth instant, at the Towne called Bergheim, the next morning fell upon the Colonell Welal Imperialist, who was quarrerd in a Village neare Franckfort, and upon some quarrell, they came to blowes, many of the Imperialists being slaine, about twenty taken prisoners, together with the Colonel, and the rest forced to flie.
The Estates doe still continue their Assemblies in these parts, about the raising of those summes of moneys that are to be paid unto the Swedish Army, before they depart from hence, and in the meane time, that the whole be levied; it is agreed, that although they doe not so soone quit the Countrey, yet those in the Country Villages, that shall have contributed towards their satisfaction, shall forthwith be freed from quartering, or billeting any souldiers for the future, during their abode here. The Count of Nassaw his sonne, who had been sent to Vienna, with the Instrumentum Pacu, for a general peace, is returned back hither, with the Emperours ratification to it, and the same day, the Plenipotentiaries for the Emperour did communicate the businesse unto Count Oxenstern, Pleniporentiarie for Sweden. The same day was made proclamation from the Emperour through this City, commanding expresly to all his Subjects, to observe punctually the late Treatie of peace, and not to make any infraction to it. The most part of the Lorraine Officers are gone from this Citie, to conferre with the Commissioners appointed for the Armies, what course they intend to take for their subsistence. The Lieutenant General Geis, who is Commander in chiefe of the Hessish forces, is still at Corsfield, where its said he is to be all the winter.
Three Regiments of horse, and two of foot, of the Lorraine forces, being lately gone from Eisfield, to take their winter Quarters in Lukeland. 300. of the Country people in the Circle of Stockeim did gather in a body, thinking to have opposed them at their first comming, but they were so ill handled by these new guests, that it is said, the greater number of them were slaine upon the place by the souldiers, and all the rest taken prisoners.
The Savoy forces are all gone to their Winter quarters, but the French forces are marched towards Langhi, and the Duke of Modena hath sent his troupes into the Countrey of Mirandula, Novellare, and other lands belonging to the Empire, whilst he receives the Orders from France for their march. The forces of Milan have also taken their Winter quarters, after the whole army hath been reformed at their last generall Master, viz. of the horse at Verceil, whereof ten companies of that State, and two of Neapolitanes are to be reformed; and the foot mustered at Vigevano, whereof seven Regiments were also reformed, viz. two Spanish of D. Antonio de Leon, and D. Fernando Garandi de Ravanal, and three Neapolitanes, who are those of the D. de Siano, Prince Montesarchio, and Federico Barile, besides those of the Earl of Bortomea, and Sarritatne, both being foot, come from Lumbardie, and two other high Durch, one foot and the other horse of Lieut. Col. Forchaim; and by reason all the champion countrey of Milaneze, is even ruinated totally therefore the souldiers have been sent to quarter about the rivers Adde and Tesit. The Marquesse de Garccena their Governour was resolued to compell the inhabitants of Vigevano to acknowledge the Marquesse Cesare Visconti for their Lord, and so to confirm the purchase which he hath made some months since from the Chamber of the Dutchie at Milan, in the name of his Cathelick Majestie; but finding that they were all fully resolved to stand it out to the last before they would suffer such an alienation to take place, he hath therefore changed the Orders he had given before untosome Regiments of foot, to sease upon Vigevano, and so to compell them to accept their new Lord. Some few dayes since a party of souldiers come form Alexandria, have surpris’d Capriats, a small place in Monteferrati, which they have totally plundred.
Some few dayes ago the Count Bouchaim, Field-Marshall Generall of the Imperiall Army, the Count of Colobart, and some other Officers, whom the Sweades have kept prisoners some moneths in the Castle of Prague, are arrived here to this City, being come upon their Parole, before the peace was proclaimed through Germany; it is said, that the first of these two shall be Commander in chief of all the forces within the Emperors hereditarie countries, and in that quality he shall have the chief Command of the 15 Regiments of this Army, who are sent to take up their Winter quarters in Anstria. The Emperour as yet is not gone from hence, having deserted his intended journey to Presbourg in Hungaria till the beginning of January next, by reason that the Diet to be kept there for the chusing of a Palatin of Hungaria, is not to begin till that time. We heare from &illegible; in Silesia, that there hath hapned lately a great fire in that place, which begun through the neglect of a woman, and it burnt to that extremity, that above one hundred and fifty houses have been consumed thereby, with the loss of two hundred Boats and Barges; many persons burned and drowned, with much cattle.
The Seates of Suaben are assembled in this City, and those of Franconia at Bamberg, to finde out the meanes to raise moneys for paiment of the Swedish Army; the time for the first paiment being almost come. We hear also that the Emperour doth demand from the City of Vienna two hundred thousand guilders, for the payment of the Swedish forces that are in Silesia, & Moravia, according as it is contained in the Treaty for Peace. We hear from Ausburgh, that the Protestants had no sooner heard the confirmation of the Peace, but immediately they did summon the Papists to deliver them up all such places which they unlawfully detained from them, and had enjoyed this many yeares, by no other title then the power of the Sword; to which the Papists replied, that they would be gone, and yeeld them up, but not till the Emperour had declared by Proclamation his good pleasure therein.
The King of Denmarke is come to Koppenhagen, to be present at the Funeralls of his deceased father, and great preparations are made there for the Coronation of the new King, which is to be kept in that City, upon the fifth instant, and three dayes after is the day for Crowning of his Queen. The Sweades at Bremen do sell the most part of their ammunition, which makes men to be in good hopes of peace.
The eleventh instant two French Regiments did passe by this river, and are drawing towards the Rhine, as it is thought, intending to go quarter at Moguntia and &illegible; and so along in the County of Rhingaw, but they are forced to march in a full body, by reason he Spanish Garrison at Frankendale doth continually send parties abroad, chiefly about the City Moguntz, and all those parts.
Our Elector had set a Tax upon all the Country of Lukeland, as upon the rest of the Empire, but they have excused themselves for the payment, saying, they are none of the number of Estates, as in that respect, seeing they never had any Place or Vote in the Imperiall Diets; and although they be under the protection of the Empire, yet with this Proviso, that in case only of a Turkish invasion, they are bound to furnish a number of souldiers to the Emperour, but not in any other way.
Foure of our ships being made ready to go out as private men of war, being at sea, were separated by foule weather; two of them have taken, in the sight of the City of Naples, two &illegible; the one with four thousand sacks of corne in her, and the other laden with &illegible; the other two ships also much about that time did meete with a ship that had store of Spices in her, and had a Spanish Convoy, being a ship of 37. peeces of Ordnance, and &illegible; a sore sight betwixt them, our ships became masters of, both which they afterwards brought into Porto Longone.
The Commons vote, that the Committee of Goldsmiths Hall should give an account of all the severall summes, due by Delinquents, upon the first and second payments, and how long the same hath been due, and by whom, and of the charge that lies upon the same, that the surplusage may be knowne; and further, that the Estates of the said severall Delinquents, who have not paid in their Fines, or second payments, be forthwith resequestred, untill they make payment of the summes due by them; And that the said Committee doe forthwith put the same in execution, and make report thereof to the House with speed. And for the better effecting hereof, and more speedie advance of moneyes for publick service they ordered that an Ordinance should be brought in, to enable the Committee at Goldsmiths Hall to send certaine Messengers into every County of the Kingdome, to resequester such Delinquents, who have, or shall make any such default. Though Delinquents have been too much favoured by some in this case of non payment their last &illegible; yet the providence is very great, that so great a &illegible; thereby should now become due, and be imployed for a contrary use then our enemies first intended. The Judges complaine their stipends of a 1000. l. per annum is not duly paid them out of the customes. The House enjoynes the Commissioners of the Customes to make speedie payment thereof. For what? Have not we now as much iniustice, bribery, extertion, and exacting of Fees (which neither the Judges, or their Clerks can pretend any Law or Customes for, &illegible; of their own making, within these few yeares:) Had Iudges of late years but 50. l. per annum, allowed per Roy, and yet gave many thousands for their places, which occasioned their &illegible; and all other Clerks to be so augmented, and still &illegible; to the utter us doing of the free people of this Nation) and have not these Judges now their places given them for nought, and beside this 1000. l. per annum, a peece allowed them &illegible; must not their uniust &illegible; Fees be yet &illegible; Is this the Reso mation of our best refined members, surely its high time we had an &illegible; representative. The Earle of Pembroke made Constable of the honnor and Castle of Windsor, and to have the custody of the Parke thereunto belonging, called the great Parke of Windsor; Must the poore people of England sell their clothes, and pawne their Estates to pay taxes, and so many Parkes and Forests (kept up for the Iusts of Tyrants, and at first most of their grounds inclosed, and fores from the people) not yet disposed of for the case of the people, how might this Army be maintained, and publique debts paid by sale of Forest Land, and many unnecessary Parkes in this Kingdome: by Kings, Queens, and Princes Revenues, benefit of the great Offices and places of the Kingdome (which the Members of Parliament &illegible; now enjoy, contrary to an Ordinance of their owne making) Deanes and Charters Lands, and severall other great &illegible; (which now sell in byright and Conquest, to the free people of England, having been at first extorted and since kept from them by and &illegible; the Conquest) and without &illegible; any assessements upon the people, and yet no care taken by Parliament to case them, or keep them from starving, but their burdens rather made heavier then ever.
The Committee formerly appointed to consider of the manner of the dissent to the Vote of that House 5. Decem. 1648. That the Kings Answer was a ground for setling the Peace of the Kingdom, reports the same this day, which was thus. That every &illegible; should rise up from his scare in the House and declare that he dissents to the said Vote; the House approving hereof, severall Members, to the number of about forty, stood up one after another, and declared their dissents, which the Clerke entred particularly in the Journall. The Members names should have been inserted, if wise men had not thought it might have proved very inconvenient to them. This done, the House thought it very requisite that any Member might have liberty to express to the House, that he disapproves of the said Vote of the 5. Decemb. 1648. and therefore past a Vote to that purpose: and because the Kingdom may be the better satisfied herein, and upon what grounds they have retracted and &illegible; former Votes, in relation to the Treaty, & otherwise, they named a Committee to draw a Declaration concerning the same, upon reading whereof they doubt not but the Kingdom will be well satisfied. They impower the Committee of Lincolne to raise 2000. l. for the forces before Pontefract and Scarborough by voluntary contributions of the welaffected. Approve of what the Committees of Notringham and Derby have done for reliefe of the besiegers of those two Castles. Pass an Ordinance for disabling such as signed the City Petition concerning the Treaty, to be chosen Common-counsel men. Renew their last message to his Excellency, for restitution of their secluded members.
They vote the former Order touching the last six moneths assesments for the Army to be renewed, and that the Committee of the Army do forthwith prepare and bring in an Ordinance, impowring them, and the Treasurers at warre for the speedy bringing in, and issuing forth of the last six moneths assesments for the Army, so as may be most for the safety of the Kingdom, and satisfaction of the Army. This is good newes for the poor souldiery. They make stay of the 2000. l. formerly given by the Kings friends in the House to M. Pecke (a Member) and appoint a Committee to examine upon what grounds it was given. They might do well to examine the grounds and causes of many other gifts to other Members (I mean all in generall) and I am sure they would finde but little cause for many great donations. A Committee was appointed to view all the Treasuries in London, and elsewhere, in relation to the publike, and see how their Books stand, and what moneys are charged thereupon, and what arreares are due to them, and likewise what anticipations have been made, and moneyes given out, and to whom: Indeed this is to purpose, you may be good &illegible; in time. They gave thanks to the welaffected of &illegible; for their good affections, in petitioning them for Justice upon Delinquents; But when shall it be executed, that Gods wrath may be diverted from this poor Nation.
Dece. 25. A Letter this day from before Pontefract saith thus: I heare Bethel is like to be Governour of Scarbrough Castle, I wish it might either be slighted, or a right man put into it, and not a Jugler, a Clawback, &c. I perceive the King is comming to Windsor, and the old Cobweb made Constable of the Castle; I pray God all may be well there, take heed who you trust. Our guns and provisions are now come to Hull, and the Major Generall hath sent the Fire-master, and some Gunners for them, so they will be here, we hope, this next weeke, and then he will proceede to battery and mining; the next week Coll. Rodes his Regiment of horse is to be disbanded; some of the Lancaster Officers have sent a Petition to his Excellency, by way of compliance with the Remonstrance, so that there is no cause for the Malignants false reports: This day we had a Councell of War, and one Captain Wharton was cashitred. For better satisfaction take the Petition of the honest Lanca forces at large.
To his Excellency the Lord Fairfax, Lord Generall of all the forces for the &illegible; of England.
The humble Petition of certain Officers of the County of Lancaster, whose names were thereunto subscribed.
Humbly sheweth,
WHereas your Petitioners have cordially ingaged for the common interest of Freedome and Liberty, against the King and his party that labour to set up his Power and Will, ever since the beginning of these unnaturall wars, having been therein (through the goodness of God) preserved in our integrities against the self interest, and faction of all backsliders and corrupted parties, both in our County and elsewhere; and having with comfort seen how God &illegible; owned the Army under your Excellencies Command, with part of which we have oft engaged, (especially in this last war) and whom we account the only visible means and instruments, next under God, to put a period to our miseries, and to preserve us from the evill of wicked and corrupted parties; and having now at the last extricated our selves from those commands that hitherto letted us.
Do most humbly declare our earnest desires, and ready compliance to joyn with the Army, under your Excellencies Command, for the pursuance of all those just ends you have remonstrated and declared; and do further humbly desire (though unworthy) to be entertained under your Excellencies Command; and that we may have Captaine Cromwell, son to the Honorable Lieut. Gen. Cromwell for our Collonell, And this we commend to your Excellencies consideration, wishing that God in his mercy may prosper all your undertakings.
A Letter came from the Prince Elector, complaining of his great want of the yearely stipend, which the Parliament formerly ordered for his maintenance, which the House referred to a Committee, chosen for the consideration thereof The House being informed that his Majesty was brought to Windsor, by a Brigade of the Armies horse, nominated a Committee, to consider how to proceed in a way of Iustice against the King, and other capitoll offenders, and that the said Committee doe present their opinions thereupon to the House with speed; And that they have power to send for persons, papers, &illegible; and Records: A Petition came from the well-affected of the County of Kent, to the same purpose with this, presented to his Excellency, which take here at large.
The humble Proposals of divers of the well affected to the County of Kent, the City and County of Canterbury, together with the &illegible; Ports.
AS we desire to eye, and blesse the Almighty in those great and almost miraculous things, which he hath done by you for the publique: So likewise we conceive our selves bound, gratefully to acknowledge our reall obligations, viz. to your selves, for all your vigilant care, and indefatigable endeavours therein, constantly and faithfully, notwithstanding all opposition of open enemies, and Apostate friends; And because we believe that there is in you a readiness to hearken to, and a Candor to judge of whatever may be proposed unto you, in the pursuit of those things that may conduce to the reall welfare, and safety of the well-affected people; We doe therefore take leave hereby, to present these ensuing particulars to your serious consideration. First, that you prosecute the execution of Justice upon the person of the King, and to proceed to the prosecution of your Resolves, in your Remonstrance, touching the Prince, and the Duke of Yorke. Secondly that you pursue the prosecution of Justice upon Duke Hamilton, together with the rest of the Invaders, and inviters of them to that treasonable Act. as well English, as Scots. Thirdly that you pursue Justice upon some few of the chief Actors, in the late Rebellion in Kent, and upon the chiefe Agents in the Revolt of the Navie. Fourthly, that Iustice be executed upon some of the chief Actors, in the invasion made by the Prince, and the forces under his Command since the revolt of the Navie. Fifthly, that the Citie of London be setled in such hands, as may disable it for disservice, and Render it in a posture serviceable to the Publique; so that you may with safety march from, and returne to it upon all occasions Sixthly, that a way may be thought upon for a correspondency with the Navie, so as that there may be an unanimous consent in all actings, between the forces by Sea and Land, And lastly, that the Militia of this County may be speedily setled.
The House spent some time in debate thereof, and ordered, that the Committee formerly appointed to receive Information against Members of the House that have received bribes, should be revived, and ordered about twenty more Members to be added to the said Committee. The Petitioners being called in, the House gave them this Answer, That many things mentioned in the said Petition were already under consideration, and that they had renewed the Committee for bribes to Members; That there hath been alwayes found a welaffected party in that County, and did looke upon them as part of them; And did returne them the hearty thankes of the House for their good affections. Some Aldermen of the City presented their Petition from the City, complayning that they could not finde so many in the City to make Common-Counsell men, unlesse they choose such as had subscribed the City Petition for a Treaty with his Majeste, which was contrary to the Ordinance of Parliament, desiring their speedie direction therein; The House named a Committee to consider thereof. Are not these pure whelps, that amongst three or foure thousand Citizens, wee should not finde 500. men capable to be elected for Common-Councell; it behaves the well-affected in the City to vindicate themselves of this great aspersion herein. This day came certaine newes, of the surrender of &illegible; upon Articles. The Governour to have leave to goe beyond Seas, and stay in England till March next, to endeavour to make his Composition; His Officers and souldiers to have Passes, to goe to their severall homes, there to remaine without interruption. There was found in the Castle fifty firkins of Butter, and about sixty Barrels of Powder, Rye in great plenty, besides ships were under saile to relieve it, which the besiegers could not avoid, having no shipping against them to prevent it.
Windsor Decemb. 25.
Sir,
I am sorry there should be the least ground of iealousie or Cause of any report, that honest Col. Ayers, Governor of Hurst Castle should refuse to deliver us the King: If I had not been satisfied it was the report of the Malignants, I should have been more troubled at it: When we came with him to Winchester, the wise Mayor, and Aldermen of that Corporation came to meet him at the Towns end with a learned Speech, and (according to former custome) presented their Mace unto his Maiesty; The Commander in chief came afterwards to the Mayor, and told him that the House had Voted that no Addresses should be made to, or received from the King, and that such as did either, were declared to be Praytors. That himself in making this Addresse, had brought himself and his Brethren within the compasse of this Vote, and that they must all be proceeded against as Rebels and Traytors The Mayor and his brethren being much terrified herewith, some of them became humble suitors to the Col. that Commanded the Brigade, to mediate for them to the Parliament for mercy, as being ignorant and simple of any such Votes and Proceedings of Parliament, begging with much importunity, for pardon for what they had done and they should ever be more cautious what they did in the like case for the future. His Maiesty comming to Bagshot, after dinner, called for his Coach, which they told him was gone before, he them Commanded his Horse, which he perceiving lame, asked his Groom how he came so? he answered, That since his Maiesties comming into that Town, a piece of a nail had unfortunately ran into his foot, at which his Maiestie was much troubled, and swore severall Oaths, he knew not then what to do; a Knight hereupon neer that Town, sent him a brave Gelding, which the Party was somewhat fearfull might be light of foot for them, therefore some good horse were Commanded for flankers, till he came off the Downs, he rode very fast, but when all things are considered, you’l finde he might have taken more leisure.
The Commons Voted that a Letter should be sent from the House by way of encouragement to the County of Sommerset, to go on with setling their Association with well-affected people, and forces in the Counties adiacent. They Ordered Maior &illegible; 1000. li. in part of a greater sum, to be charged on the Excise in course, with 8 li. per cent. per annum, from May 7. 1643. (most part of it being lent moneys since that time, and for three hundred pound thereof he hath paid interest out of his purse.) Seven Members of the House declared their dissents to the Vote of December 5. 1648. The Committee named on Saturday last to consider how to proceed in a way of Iustice against the King, was enioyned to meet this afternoon. The Ordinance concerning the Militia of the Kingdome is to be reported to morrow. Most part of the day was spent in Debate whether the secluded Members should be re-admitted, or not, but came to no result. Maior Pither was to have been executed this day at Pauls, but it seems is reprieved. The News from France is extraordinary, the people having &illegible; Paris, and resolve to be as free men, (God assisting them) as we are, or hope to be, in this Nation.
FINIS.
The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.
From Tuesday Decemb. 26. to Tuesday Ianuary 2. 1649.
IN answer to, and confutation of Belloy his opinion, in my last mentioned, I shall only offer this, That heirs apparent are not true Kings, untill their Coronation, how just soever their Title of succession otherwise be; and though their predecessors be dead; it might be confirmed by many other Arguments, but especially, and above all others that, for that the Realm is asked again three times at their Coronation, whether they will have such a man to be King, or no? Which was in vain to ask, if he was truly King, as Belloy faith, before his Coronation.
Again, we see in all the forms, and different manners of Coronation, that after the Prince hath sworn divers times to Govern well and justly, then do the people take other Oaths of obedience and Allegiance, and not before, which argueth, that they were not bound unto him by Allegiance. And for the Princes of England, it is expresly noted by English Historiographers, in their Coronations, how that no Allegiance is due unto them before they be Crowned, and that only it happened to Henry the fifth, among all other Kings, his predecessor to have this priviledge, and this for his exceeding towardinesse, and the great affection of the people towards him, that he had Homage done unto him before he took his Coronation, Oath, whereof Polydor writeth to this purpose: That this Prince Henry, after he had finished his fathers Funerals, caused a Parliament to be gathered at &illegible; where, whilest consultation was bad, according to the ancient custome of England, about creating a new King; behold, certain of the Nobility of their own free wills, began to swear Obedience, and Loyalty to him, which demonstration of Love and good will, is well known, that it was &illegible; showed to any Prime before, untill he was declared King. Polydor Vug. Lib. 23. Histor. Anglia, in vita Henrici 5. And the very same thing expresseth Iohn Stow also, In his Chronicle, in these words, To this Noble Prince, by assent of the Parliament, all the States of the Realm after three daies, offered to do featly before they were Crowned (so willing is man to &illegible; himself to Tyrannie) or had solemnized his Oath well and justly to Govern the Common-wealth, which offer before was never sound to be given to any P. of Engl. Stow in the beginning of the life of K. H. 5. In whose Narration, as also of that of Polydor, it may be noted, that King Henry the 5. was not called King, till after his Coronation, but only Prince, though his Father King Hen. 4. had been dead now almost a moneth before. And secondly, that the Parliament consulted de Rege creando more Majorun, as Polydor his words are, that is, making of a new King, according to the ancient Custome of their Ancesturs, which argueth, that he was not yet King, though his Father was dead, nor that the manner of our old English Ancestors was to accompt him so before his Admission.
Thirdly, that this good will of the Nobility (his Majesties fawning favourites) to acknowledge him for King before his Coronation, was very extraordinary, and of meere good will (and therefore a president not binding) And lastly, that this was never done to any before King Hen. 5. All which points doe demonstrate, that it is the Coronation, and Admission that maketh a perfect and true King, whatsoever his Title of succession be othervvise; And that except the Admission of the Common-wealth be joyned to his succession, it is not sufficient to make a lawfull King.
This I might prove by many examples in England, where admission hath prevailed against Right of succession; as in William Rusus, that succeeded the Conquerour; And in King Henry the first his Brother: In King Stephen, King John, and others, who by only admission of the Realme were Kings, against the order of succession, and very specially it may be seene in the two examples before mentioned, in King Henry and Edward, both surnamed the 4th. whose entrances to the Crowne, if a man doe well consider, he shall finde, that both of them founded the best part, and most surest of their Thles upon the Election, consent, and good will of the people; yea, both of them at their dying dayes, having some remorse of Conscience (as it seemed) for they had caused so many men to die for maintenance of their severall rights and titles, had no better way to appease their owne mindes, but by thinking that they were placed in that Roome by the voice of the Realme, and consequently, might Lawfully defend the same, and punish such as went about to deprive them.
You shall finde, if you look into the actions of Princes in all Ages, that such Kings were most politique, and had the least doubt or suspition of troubles, about their Titles after their deaths, who have caused their sons to be Crowned in their own dayes, trusting more to this, then to their title by succession, though they were never so lawfully and lineally discended; and of this &illegible; could alledge you many examples out of divers Countries, but especially out of France, since the last line of Capelus came unto that Crown, for thus did Hugh Capelus himself procure to be done to Robert his eldest son in his own dayes; and the like did King Robert procure for his younger son, Henry the first, as Gerard holdeth, and excluded his elder son, only by Crowning Henry in his own dayes; Henry also did invente the Stake of France to admit and Crown Phillip the first, his eldest son, while himself raigned, &illegible; 1131. And this mans son, Lawes le cros did the same also unto two sons of his, first, to Phillip, and after his death to Lewis the younger both which were Crowned in their fathers life time; and this Lewis the younger, which is the seventh of that name, for more assuring of his son, named Phillip the second, intreated the Realme to admit and Crown him also in his own dayes, which was done with great solemnity.
And for this very same cause of security, it is not to be doubted, but that alwayes the Prince of Spaine is sworne and admitted by the Realme during his fathers Raigne, the same consideration also moved King David, 2 Kings 1. to Crown his son Solomon in his own dayes. Our King Hen. also, the second of England, considering the alteration of that Realm, which had admitted King Stephen before him, against the Order of lineall succession by propinquity of bloud, and fearing that the like might happen also after him, caused his eldest son, named likewise Henry, to be Crowned in his life time, so as England had two King Henries living at one time with equall Authority, and this was done in the sixteenth year of his Raigne and in the year of our Lord 1170, Hereby it is evident what the opinion of the world was in those daies of the force of Coronation, and admission of the Common wealth, and how little or nothing at all propinquity of blood prevaileth—Election and Admission of the people.
My Lords,
I Doe not much wonder that it hath been the generall conceit, that the chelf end and principall aime was to hinder the generall peace at Munster, and besides, to hinder you from those proceedings which you have already begun, and continue still for the waging warre against us in Brazill: seeing that you marvell at the severall things propounded by me, both before you and your Commissioners as well now, as formerly, I make no mention of any restitution to be made by us unto you, about those things which are now in agitation, my demands being so reasonible, and yet that none of them should be accepted, but totally rejected: but I much more wonder, that having declared my selfe so plaintly, and in termes so satisfactory, that yet there should remaine in the mindes of many a sctuple, and doubt concerning me, and should question my sincerity. This hath therefore enforced me, being not able any longer to represent unto you my intentions, and desires in writing, and not intending to attend the conference so long expected, which hitherto I have waited for in vaine; therefore I thought it most expedient to come in person, to ratifie what I have formerly made knowne unto you, either by writing, or by meanes of your Commissioners, that all the reasons and strong arguments which I have produced hitherto, for a good union and continuation of peace and unity betwixt us, doe prove fruitlesse; you will at least beare witnesse, how with all care and diligence I have endeavoured, and sought all meanes possible, which might conduce to the effecting of so high a worke. Now once more I let you understand, that my Master never had any designe to hinder, or let in any wise, the conclusion of a generall peace at Munster, seeing that he never had any further intent then to settle a firme and lasting peace betwixt you and us.
As concerning your preparations by Sea, you may doe in that, as in other things, according as it shall seeme best unto you; for my part, I wish that our Army may not goe forward, as it is intended, or if they meete, that all on both sides, instead of blowes and bloodshed, may embrace each other; but this happinesse depends wholly upon you, seeing the businesse is already so farre gone that in a very short time all may be happily concluded, and to make the sooner dispatch, and end our controversie, I doe engage my selfe, to give all the help and assistance that may be expected from me in that behalfe, provided you will only be pleased to furnish me with a ship, to goe from hence unto Bazill, where being safely arrived, I shall not faile to deliver up unto those whom you will appoint, all those places which I have promised to do so many times, in the name of my Master the King of Portugal, and withall, will engage my selfe to use all meanes, both of clemency, or else by violence for the effecting of these things; and if I have not a sufficient strength with me, doubtlesse you will not deny me a supply of your own forces upon an urgent occasion; so that the maine businesse doth wholly lie upon you, for I assure you, that I have an absolute power from the King my Master, to yeild, agree, and confirme any thing, which shall be found reasonable, that so I may put a period unto this Treaty betwixt us: And I hold it not a thing much necessary to give hostages on both sides, being it will take up much time, and perhaps yield little fruit, and hinder the progresse of so good a worke, and it may be wholly and totally ruine it, as is usually seen in the like delayes, and tedious workings; neverthelesse, I am not bent against the giving of Hostages, but only that I hold it not fit, that the concluding of a peace should be deferrod till such time as they are given on both sides, therefore, if so be my counsell might be followed, my opinion is, that an Expresse might be sent speedily to Brazill, that immediately upon his arrivall there, all Acts of hostility may cease on both sides, till such time as we can make a totall and finall conclusion: for I hold it no point of justice to suffer our men to fight in those parts, and to shed one anothers bloud, whilst we should be here treating for peace, and I hold it faire better, when there is a necessitie for it, to spend our lives in a good cause, and for a good occasion, as would be in any service done for the good of these two Nations, and I doubt not, God willing, but to see a firme and well-grounded peace between us, wherein I shall have the honour to have much contributed.
The &illegible; Guido di Monto Bizzo, afterwards called by the name of Marquis Ville, whose life and death I intend here to set forth, was the eldest sonne of the deceased Marquis Francis Ville, of the Citie of Ferrara in Italy who was Knight of the Order of the Annunciate in the time of the first warres, that yet continue in Savoy and &illegible; and was since honoured with the Command of one hundred Curiassiers, appointed for the Life guard of Charles Emmanuel, Duke of Savoy, having also had the Command of 500. Italian Horse, having with his father followed both the Dukes of Savoy in their journey into Spaine, where his carriage was such, and so well taken by the Duke, that at his returne he was admitted by the said Duke for one of the Gentlemen of his Chamber; this was in the year &illegible; he being then 24. yeares of age, and so desiring to manifest how well he accepted the Fathers services in his life time, by his gratitude unto his sonne after the Fathers decease, he bestowed upon him the place of Captaine of his Guards, and then in the same yeare, he was married unto a great Lady, daughter to the Earle of Massins, also Knight of the same Order, who, besides a great portion in movable Goods, had also the Countie of Camerano annexed to it.
In the year, 1614 he was made one of the Councell of War, and a Colonel of twelve Companies of horse, which were raised by the State, and sent unto the Duke of Savoy in his first wars in Monteserrati. In 1615. the Duke did bestow upon him, for him and his heires, the Marquessat of Gigliano, as an acknowledgement of his good services in the first troubles in those parts, and chiefly at the Leaguer before Ast, where he received a musket shot. In 1618. at the encounter called De la Motte, he had, besides the command of the Guards, command of the Whit Cornets for the Nobility, where, with an undaunted courage he did bear the brunt of the enemies horse, although he was then sore wounded by a musket shot, which he received a little before; and having done the same at the battell of Lucedio, where he had two horses killed, and the third horse slightly wounded under him; after which this Duke chose him Commander in Chief of the Nobility & Gentry, with the Ycomandry who serve under the whit Cornets. In 1619. He made himself famous by his brave exploits performed at the sieges of Alba & St Damiano, where lighting from his horse, being assisted with a great number of the Gentry, he having also the Guards to second him, did set upon one of their Forts, where he followed the business so close, carriying it with such discertion, and followed it with so much valour and courage, that he became soone Master of the place, notwithstanding the strong opposition made by those that were within. In the &illegible; Dom &illegible; &illegible; a Romane, hapning to die, the Duke of Savoy seeing so &illegible; an opportunity offered him to acknowledge his great services, did destow upon him the place of Commissarie Generall of the horse which was void also by the death of the said Monsieur &illegible; and a while after he made him also Knight of the chief Order in that Countrey. In 1620. &illegible; continued to shew his valour at Bastignano, where he defeated a party of Spaniards commanded by Gambalotta, who were sent to relieve this place, being wounded in the hand at that encounter with the push of a pike; and at St. Germans he was shot in the legge by a musket: and seeing that the recompence ought not to be separated from glorious and noble actions, therefore the place of Lieutenant Generall of the horse, being void by the death of the Commander De la Monta, he was deemed to be worthy of it, and it was bestowed upon him: at that time his father was master of the Artillery to the Pope, and afterwards was made Generall of the horse: and in all the wars of Piemont, since he came to be Lieut. Generall of the horse, he did gallantly execute the place, under the Command of Prince Thomaso his Generall. In 1625. The Duke made him Maior Generall of all his Armies. In 1629. For a recompence of his good services, chiefly for that which he performed at severall skirmishes with the Enemy, attempting to pass over the river Tenaro; as also afterwards at the battell De la Vella, likewise at the taking of the places of Feltzzane, Ancons, and &illegible; Arrasst, in the wars made against the State of Genoa: as also at the taking the Towns and Castles of Ottagio Gani, and Savignone, and in that famous retreate made by Victor Amadeus, Duke of Savoy, when he was assailed by the Spanish Army, as he lay with his forces before Bastignano, as also by his great valour he shewed at the maintaniing a pass, and defending Ast against the Spaniard, also at the last retaking of Vorne, and since the gaining of Alba, Trin, Montecalvo, Potestrate, and other places in Monteserrato. The Duke Charles Emanuel being dead, his successor Victor Amadeus desiring also to gratifie him for his good services which he had done to his predecessour, and to him likewise in the defence of Vigone, and in the surprisall of the Fort of Bicherasco in the fight at Avigliano, and in many other actions, where he plaid the part of a brave Warriour, therefore he bestowed on him the lands of Deati, with all the profits and benefits thereof.
This same year he also carried himself valiantly, at the making good the passe of Susa, where the Duke of Savoy, and Prince Thomaso were both in person, and there he was dangerously hurt with a Musket shot, and for that brave action there performed, he had the permission to quarter the Armes of Savoy in his coate of Armes. In 1631. he was made by this Duke, Generall of all the horse. In 1636. The most Christian King Lewis the 13 of glorious memory, made him Major General of all his Armies in Italie. In the year 1639 Duke Victor Amadeus being dead, and the Duke Charles Emanuel the second succeeding him, who being in minority, and Madam Royale being his Mother, declared Regent, he was by her made Lieutenant Generall of her Armies in Savoy, in consideration of his good services performed by him since the war was proclaimed with the Spaniard, and State of Milan.
He hath likewise signalised himself at the taking of the fort of Valentia, as also at the skirmishing with the enemy at Frescarolo, and at the taking of the forts of Canat, and Sartirana, and gave to the Spaniards proofes of his valour, when he overthrew their force before Atone, where he totally routed their Van. and put their whole Army to a disorderly retreat, besides 400 horse he took from the Enemy, at S. George in the Lomelina.
So that it may very well be said of him, that all his actions have been no more but effects of a heart full of valour and magnanimity, being seconded by a well ordering of affaires he having often archieved great things with a very small number of men. He forced the Spanish forces to forsake Castel-novo de Scrivia, which they had besieged, and followed them as far as the bridge of Lenza: afterwards he tooke the Castle of St. Giovanni: He Passed through the Dutchie of &illegible; with &illegible; horse, although the Spaniards had strongly entrenched themselves at the pass of Scrivia.
Afterwards he defended &illegible; beleaguered also by the said Spaniards, that so they might cut off the provisions from the French Army, which was then near the river Tesia, upon another occasion he forced from Gavone 3000 Spanish horse, and some Companies of foot, to forsake that place having then with him not above 1000 horse, the enemy intending upon some designe, to have sent over the Tenaro 1500 horse, commanded by Dom Martin de Arragon, which he totally routed, and having slain many, took a great number of them prisoners, and had no small share in that great victory obtained by the Duke, upon his enemies at Montebaldone, and at that same time he &illegible; the Castle of Porma.
Since that time, becomming Master of Verceil, the Civil warres happening in Savoy, he did vallantly at the recovering of Civaz &illegible; and Possono, and at the gaining of Chiery, which he took, mangre the strong oppositions of the enemy, who had cut off all provisions from him. He did no lesse at the retreat of the Count de Harcourt, which he did much help, by the surprizing of the strong Castle of Carru, and in the overthrow given to the whole Spanish Army at the siege of Cazal.
Noble Worthies,
VVHen with much patience we had a long time waited for the setling of the Nation upon the foundations of freedome, and the execution of Justice upon the capitoll offenders, whom our God, with no less miracle then mercy, hath so often delivered into your hands, and in stead thereof, through the prevalencie of a malignant Faction, have found our lives and liberties even betraied into the hands of our Enemies, by that most unjust and dangerous treaty with the King, and the most desperate Incendiareis (especially those who have kindled, and added fuell to the flames of war in our thereby ruined Country) excused from Justice, expresly contrary to the Votes and Declarations of the House of Commons, to the astonishment of all true hearted people: In all these, perceiving our selves surrounded with distraction, we were the more ardently drawn forth in our spirits to attend the Lord our deliverer, who according to his wonted goodness, brake forth upon you in a glorious splendor of Justice and equity, expressed in your seasonable Remonstrance, which we with such joy perused, that our hearts were ravished with so dear a sight of our Redemption drawing nigh. In relation to which, we thought it necessary to let you know, that we are much satisfied with your proceedings; and that for the accomplishing of those things, and what ever else concernes the liberty of the Nation, we are ready to assist you with our lives and fortunes; being perswaded that you proceed with the same undaunted resolution for the perfection thereof, that our so numerous enemies take not accasion hereby to render us more effectually miserable, and we doubt not but the Lord of Hosts will be with you.
Yours, and the Lands faithfull Servants, &c.
Major Pichard being about foure dayes since sentenced at a Counsell of Warre to be shot to death; had this day the execution of that sentence done upon him in Pauls Church-yard: The Articles of Warre, upon which he was condemned, was this; That being at Pembrook, at the surrender of that Garrison, great endeavors were used, that he might not be one to be left at mercy for his life, but to be banished the Kingdome, which at last he, with others, had that favour granted to them; provided they were gone within six weekes, or else it was signifyed unto them, that they should dye without mercy, if they were found in England.
This Gentleman never went out of the Kingdom, according to his agreement, wherefore he received his sentence, which was aggravated with these particulars.
- 1. That he had formerly Articles upon surrender of Worcester, whereupon, engagement was given, not to bare armes against the Parliament afterwards, which he violated, by the appearing in armes again at Pembrooke.
- 2. He took the negative Oath, never to bear armes against the Parliament, and yet had now done it.
- 3. He continued in London, contrary to the Proclamation, for all of the Kings party to leave the Towne, who had not Compounded.
- 4. Severall informations were given that during the time he was in armes, he was a most merciless man to the Pamliaments party, a great burner of houses, and Plunderer of mens Estates.
There are endeavors using to finde out other persons, who had the Articles of Truro in Cornwall, and other places, who agreed to Articles, never to bear armes against the Parliament, and yet have doe it in this second Warre, who may expect the like sentence, if they be taken, as Richard Hastings, and others.
The Commons Vote that the Committee for drawing up a Charge against the King, do consider of a way of settlement for this Kingdom: Its high time is were done, and if you do not one with the other, we may fear & confusion in the main. An Ordinance past for receiving, and issuing the last six moneths Arrears by the Committee of the Army, to be paid to the Army, and all the Garrison Forces, as the Lord Generall shall approve of to be continued: This being neglected to be sent to the Lords for their Concurrence, hath proved very prejudiciall to the Souldiery, who cannot receive their pay till their Lordships assent be had, though their assent be meerly formall, and not essentiall. They Vote the Militia Forces of the County of York to be disbanded and for this purpose have referred it to Major Generall &illegible; and others, to see the said Order effectually, and speedily executed. And agree, that the new &illegible; in that County shall be imployed for raising money for that purpose, and likewise for paiment of the Publike Debts of that County Though there is more in debt to that County than ten times the proceed thereupon by these new &illegible; The necessities of the Navy report themselves to the House, they Debate, and resolve, that the Committee of the Navy &illegible; conferre with the Commissioners of the old and petty Customs, for the Loan of 6000 li. for present support of the Navy. The Arrears of late Colonel Rainsborow are reported, and 2000 li. more Ordered for his widow. They approve of the Articles of Scarborough, give the messenger 40. li. Order the Lord Generall to put a Governor into Scarborough Give thanks to the well affected of Norfolk for their honest Petition.
The 28. They Vote Major Beteler, and Captain Stirke, their two Troops shall be continued for two moneths, for the defence of the County of Northampton, and paid as formerly out of the Assessements of that County, A good President for the rest of the honest Troops in the Kingdom, that are in the same condition. A Commission of Oyer and Terminer Ordered to be forthwith issued to the Lord Admirall for triall of Lendall, and other notorious Pirats: If the Lord——had been zealous before in Execution of Pirates, probably we should have had lesse now. The City required to proceed in electing Common Councell men according to former Order; notwithstanding the late Petition from the Lord Mayor, &illegible; and Common Councell, their late &illegible; Petition to the contrary. The Oaths of Allegiance, and Supremacy, and all other illegall Oaths referred to a Committee to be considered of: Its high time, if these had been taken away before we had engaged against the King, and before all the Members of that House, upon latter Elections, had been admitted, which before they could be, must take the said Oaths, we should not have been so very guilty of perjury as many are, according to the letter of the said Oaths. The Ordinance of Attainder against Charles &illegible; was reported, and read the first time.
A letter came from the Lord Admirall, desiring the House to confirm the Indempnity granted by his Lordship to Sir William Batten, alias Captain Batten, Captain &illegible; and Captain &illegible; (the three grand Revolters) Truly my Lord we expected this long since, we knew before we were all friends, though there was a seeming difference amongst us. The &illegible; reicents this ill, and looks upon it as a Design, and therefore do not grant the confirmation desired, but Orders that this businesse should be referred to the strict examination of the Committee of the Navy. But is there no other matter of Fact but this to be examined &illegible; relation to the late Revolt?
To his Excellency, Thomas Lord &illegible; General of the forces in England, and Wales.
Sheweth,
THat the great thunderings and Earthquakes in this &illegible; Island, awakned us in this Corner thereof, to enquire after the causes of those Nationall concussions, and finding an unruly and unreasonable party of imperious, selfe-willed men, Resolved to engage in blood, to stave from us at once our comfort, as Christians in Gods Kingdome, and freedom, as subjects, in our only native soyle; we quickly and cordially adventured our naturall lives, and freely cast over board our estates at the back of our Pilots, to keep this sinfull Nation, and our unworthy selves, and families, from sinking. But since perceiving clearly, that though the firme faithfull, and famous trustees of the Kingdome, have with much uprightnesse indefatigably endeavoured our common good and security (which we ever with all thankfulnesse acknowledge, yet were they, by whose meanes we hope will yet more manifestly appeare) overborne, and hindred therein, so that instead of a safe haven, we were brought againe upon perillous Reckes; instead of righteousnesse, Behold the bitter worme of Injustice, and enraging hemlock of oppressions growing up in our surrows: Mercy turned to Cruelty, contempt and despite against the faithfull and tryed people, and pillars of the Land; Truth fainting and fallen in the streets, Justice and equity kept out of the Gates; the sonnes of bloud and violence (who had not the hearts in the field to looke the Generation of the just in the face) very insolent, and too much incouraged once more to attempt the tearing out of the bowels of the peaceable of the Land, and having learned out of the books that the Tyde of righteous Judgement must have its course, and after it, all the upright in heart; and minding how that dangerous mercy, and childish &illegible; of Ahab, who called up his brother Bemhadab (that twise conquered slave) into his own Charriot, which act, with his, depriving but of one honest Naboath of his life, brought that lukewarm professor to tremble in his own blood and just ruine in the third war, and have intentively observed at a distance, that (though many tooles were in Gods hand for the edifice begun, were blunted, and so laid aside) yet the edge of heaven, and high countenance of the Almighty, is still upon your Honourable self, and faithfull, dreadfull and (through God) powerfull Army, once despised, dispersed, and (as it were) disbanded, but since made glorious together and a sunder, in removing mountaines of difficulties, breaking through rocks of oppositions, raising up the vallies, taming the rebellious, relieving the Parliament, quieting the Nations heart-city (once and againe distempered) and scattering the Scottish Allies, to the thankfull admirations of the people of the most high God, far and neer.
We therefore being thereunto encouraged by your Excellency, and the Armies late seasonable, and solid Remonstrance, do in full assurance of understanding, faith, and hope, humbly, and unanimously declare our Resolutions, to joyn heart, hand, life, and all, with your truely honourable self, and constant Army, and the many thousands of Israel; for we see of a truth God is with you, and them, for the reliefe and recovery of our late oppressed, and long tryed Worthies in the Parliament, in order to the setlement of common Interests, and impartiall punishment of mad men (who are still thirsty, though already drunk with the blood of multitudes of our deare brethren) Humbly praying, that you would (as under full faile) like noble Joshua, and Caleb, follow Jehovab fully in the paths of Justice, Moderation, Courage and Faithfulness, wherein we doubt not of the high and mighty presence of our King the God and rock of all Ages, to attend you; and to that great Captaine of your Hosts for his direction and successe in all the work entrusted to you, we shall also, whilst we breathe together in this Cause, ever pray, &c.
An Ordinance past for prohibiting Trade to Youghall, Cork, and Kingsale, and other Ports in the Province of Munster, where the Lord Inchequin hath Command, being in prosecution of a former Ordinance to that purpose. They spent some time in Debate of the Officers of ships imployed under the L Admiral, and to the end, there may be Purgation by Sea as well as by Land; they Ordered that the Lord Admirall should be required to send to the Committee of the Navy the names of his Vice-Admirall, and Rear-Admirall, and all the Captains of ships in the Fleet; The Rear may probably by this sail in the Van. The Constant Warwick Ordered not to be sold, but imployed for the publike service. Decemb. 30. The Commons Vote Mr. Brooks thanks for his Sermon, as indeed he deserved it, but for Mr. Watson (who would not acknowledge them to be a Parliament) they Voted him none, nor to have liberty to Print his Sermon: This Presbyterian proud flesh must down with Monarchy, one being equall in Tyrannie with the other. Mr. Owen and Mr. Cordall Ordered to Preach the next Fast. The Bayliffs, Wardens and Assistants of the Company of VVeavers, present their Petition, and therein set down the difference between them and others of that Company; the House refers the consideration of the whole businesse to a Committee, who are Ordered to bring in an Ordinance for settling of the said Company, and composing all their differences with speed. An Ordinance past for securing, and repaiment of the 6000 li. borrowed of the Commissioners of the old and petty Customs: They Voted upon this occasion, that no allowance shall be given by the Committee of the Navy, of any Incident, Fee, or old Sallary, for the petty and old Customs untill the House be acquainted therewith: And in respect the Ordinance for the last six moneths Assessements had not been sent up to the House of Lords for their Assent, and their Lordships having adjourned till Tuesday next, whereby that could not at present be procured, they Voted that it should be referred to the Committee of the Army to prepare Warrants and Letters to be sent to the severall Counties, touching the 60000 li. per &illegible; to the end the Army may not be longer delaid of their pay. An Order past for an Ordinance to be brought in for payment of 2885. l. 12. s. 6. d. to Mr. Smithsby, the Kings Sadler, for Saddles and other furniture.
Somerton Decemb. 24. Sir, Since the Parliament hath impowred us to raise forces, and joyn our selves in association with the Army and other well affected people in the adjacent Counties, we have not been altogether unactive in the &illegible; &illegible; but hope to bring it into such a speedy way, as may be safe for this County, especially all the well affected therein, and those that ioyn with us. Times may come possibly to put all the honest party in the Kingdom to their shifts, and I could heartily with that all other Counties in the Kingdom would begin betimes to provide for their own securities; when they do desire it, the opportunity being let slip, it may be too late; and surely if all the well affected in each County would speedily strike into an association, it might be a great diversion of all our enemies designes, and give us hope of quietnesse and peace in this Nation. And seeing that the Presbyterian Ministers are to be frustrate in their intentions, to enjoy pluralities, and the tenth part of every mans estate, the people being left to a free choyce of their Minister, and what Ministry, no doubt but they will endeavour, and wee finde it now their main designe in this County to preach down the power of God in his Ministers indeed, and to preach for forms and government, and especially for their God (the continuance of Tithes) of purpose to incense the people against this Reformation indeed, both in Church and State, the benefit whereof our childrens children will have cause to biesle us for. And in respect likewise that the grand Delinquent of the Kingdom (Charles Stuart) is to be brought to speedy justice (for which we have much cause to blesse God) we shall finde his party as active as the other, and though the Presbyters made but a seeming, though a reall and absolute conjunction with their brother Malignants for the carrying on of his Trayterous interests, yet we fear you will finde them this next Sommer declaratively joyn with them, for revenge of this Army, and all that have adhered to them: And therefore it is high time for all honest men in the severall Counties to associate betimes, before it be too late.
Fontefract Decemb. 30. Sir our approaches goe on very forwardly, though our want of pay be great, the enemy seeme much divided, and more discontented, some comming out daily by escape; our Gunns are come to us, and we shall begin to make batteries within this few dayes. Its great pitty the Militia of this County should be disbanded, many of them being very honest: We heare of some overtures made by the Army, for engaging them, and all the Supernumeraries of this Kingdom, for the service of Ireland, the service will be gallant, and the designe superlative, and if old &illegible; or any other man of gallantry and fidelity do accept of that Brigade, he cannot want men or &illegible; besides it will be a great diversion of designes both at home and abroad.
Windsor Jan. 1. Sir His Maiesty seems to be very merry, though he heareth something of the Houses late proceedings against him, to bring him to Iustice, whereby we conceive he is &illegible; and heartily forty we are to see him so ripe for destruction; he much delights to talk of &illegible; &illegible; especially of the victories in these late VVars. VVe have the same odious vain, and wicked Ceremonies of kneeling performed to him now, as ever, though he be under an accusation of High Treason. VVhere shall we finde such men as will not bow the knee to Baal, the grand Delinquent, and &illegible; Tyrant of the whole world? The Commissioners appointed by the Army do mannage things here with great discretion, one of them &illegible; every night at his Maiesties Chamber door, and resident with him daily in his Chamber, none speaking to him but in one of their Audience.
Westminster Ian. 1. 1649. The Committee reported the Ordinance of Attainder against Charles Stuart, and the names of such Commissioners as should try him consisting of about 6 Lords. 40 and odde Commons, and the rest Officers of the Army, Aldermen, and other Commanders of the City, with some Gentlemen from the Counties, all of them consisting of 100 and upwards: Any 20 of them are to be a Committee for the tryall of him, and to give sentence against him. By this Ordinance the Commissioners are limited to a moneths time, to make a finall determination of the businesse. The place of tryall is not named in the Ordinance, so that whether it will be at Windsor, or Westminster, is not known. The Ordinance is to be sent to morrow to the house of Lords for their concurrence. And to confirm the present tryall, and foundation thereof, and prevention of like for the future, the House declared, viz. Resolved, That the Lords and Commons assembled in Parliament do declare, and adjudge, That by the Fundamentall Laws of this Realm, it is Treason in the King of England, for the time to come, to Levy &illegible; against the Parliament and Kingdom of England. The house ordered an Ordinance to be brought in for enabling the Commissioners of &illegible; and Menmouth to proceed upon the sequestring of Delinquents in the said Counties, and to remove obstructions therein. A Letter this day came from Mr. &illegible; Clerk of the Parliament, desiring the house (by reason of his present indisposition) to appoint a Clerk to attend them. The house hereupon voted that a Committee should be appointed to send to Mr. &illegible; to take an accompt of him where the Books and Records of that House are, and are to inventory the said Books and Records, and are to present the names of fit and able persons, that a sufficient Clerk may be elected out of them, to be Clerk to the House.
They likewise Voted Mr. Phelps to be Clerk assistant to the House, and ordered Mr. Darnell the present Clerke assistant 200 li in part of 500 out of the Revenue. A Committee was appointed to consider of Anticipations upon &illegible; Hall, Excize, and other Treasuries and how to take off, or otherwise secure and satisfy the same, and to prevent obstructions in the bringing in of the severall Revenues.
The souldiers of the Army, in prosecution of an Ordinance of Parliament, secured all the &illegible; in Satisbury Court and &illegible; Lane, and brought them away prisoners in the midst of their Acts, in their &illegible; as then habited. The Committee of the Army to consider of the &illegible; and circumstantiall parts thereof, upon which many Votes past; one Committee was appointed to consider of concealed moneys to the State, and to send for &illegible; witnesses, and Records concerning the same, and &illegible; &illegible; was a Committee of Officers of the Army, and Citizens, to consider of &illegible; Delinquents that are to be &illegible; &illegible; examples of Iustice; both these Committees having power to examine witnesses upon Oath.
FINIS.
The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.
From Tuesday January 2. &illegible; Tuesday Ianuary 9. 1649.
HAving shewed, and proved, that Government by blood, &illegible; not by the Law of Nature, or Divine, but only by &illegible; and Positive Laws of every particular Common wealth, and may, upon just causes be altered. Whence then comes these vain Arguments, That the late King of this nation, and his power was &illegible; &illegible; That it is not in the power of the people, (though they are the original of all just powers) to try him for life, upon breach of Trust, or otherwise. If Saul, the first King (though elected by God to that Royall Throne) was stain for his disobedience, and not fulfilling the Law and Limits prescribed to him, How much more is it lawfull for the people of this Nation to bring to Justice Charles Stuart? (who was never elected King by God, or people, but came in by Conquest, and raigned as Tyrannically as ever Saul did, breaking all Bounds and Limits, and disobeying all Laws, which he swore at his Coronation to maintain, and keep &illegible; for the good of this Nation,) Was it lawful for Ammon (who was lawful King by natural &illegible; and succession, as being son and heir apparent to King &illegible; whom he succeeded) to be brought to Justice, and slain by his people? And is it not much more lawfull for the people of this Nation, by their Representatives, to bring Stuart, (who was never lawfull, but only pretended King to this Nation by Genealogy, and Succession of Tyrants) to execute the judgement of God and man upon him? Quia non &illegible; in via Domini aut Regni, because he neither walked in the wayes prescribed to him by God, or the People of this Nation.
And did GOD give so great a blessing to the people for executing his, and their Judgements upon these wicked Tyrants, and worst of &illegible; by Crowning two good successors after them, viz. Josias, (who did that which was right in the sight of God, and did neither decline unto the right hand or the left:) and David, (who was a most perfect patern for all the Kings that should follow him in the whole world, and a man after Gods own heart:) and can the people of this Nation still argue like Heathens (that see nothing of divine providence) that the alteration of this Tyrannicall, and usurped Kingly Government, will tend to the ruine of this Nation, when we see already by the imitating, and first fruits thereof, the &illegible; Pope himself, and all the foundations of Antichrist, the Devil himself, and all the Tyrannical powers of the whole world, and dependances thereupon, do already totter and tremble, as if the day of their destruction was at hand.
Had the Romans (after their Senate had slaine &illegible; for his tyranny) so great a blessing by Numa &illegible; (the notablest King that ever they had) And after the same Senate had expelled Tarquinius the proud, their seventh and last King, for his cruell government, had they not exceeding much happinesse thereby? became very prosperous, and blessed with great successe in their Government of Empire? And did not &illegible; &illegible; become a great blessing to them, as succeeding Iulius Cæsar, who (because he had broken all their humane and divine Lawes, and taken all their Government into his owne hands) was (in revenge thereof) slaine by Senatours in the Senate house. How might I instance in &illegible; and &illegible; two of the best Governours by Empire, that ever the Romans had in those dayes: after the Senate had deposed and sentenced to death Nero (first Emperour of Rome) for his wicked Government, (which was the first judiciall sentence that ever the Senate gave against Emperours.) How might the like be noted of the noble Ranck of the five excellent good Emperours, to wit, &illegible; Trajax, Adrian, &illegible; &illegible; and &illegible; &illegible; that insued the Empire by the just death of cruell &illegible; (whose harbarous acts, for his exceeding cruelty, were afterwards disanulled, and his armes pulled downe) And was it lawfull for the people of Israel, the Romans, and all other Nations under the Sun to execute Iustice upon their Kings and Emperours, and alter their Governments, as they thought fit for their good and well-being; And shall not the people of this Nation have the like priviledge, to execute their tyrannicall Kings upon breach of trust and oaths, and alter the frame of Governments (seeing the people of this, and every Nation are the originall of all just powers and Governments) as they shall thinke fit? Were the Children of Israel, and all the Nations upon earth so blessed in executing their Tirannous and Trayterous Princes, and must we be miserable for so doing: Have not we as much Law and right for trying and executing this King, as any other Nation in the world ever had? And how comes the Heathen now to rage, and the people to Imagine a vaine thing, for taking off this Tyrant, as if the like Iustice had never before been executed, or that this is a new thing, and one of the first presidents in the world, though indeed we see it is most frequent, just, and ordinary in all ages, and amongst all People.
Reader, take here a businesse of something an old date, but worthy thy observation, being Friday Decemb. 22. 1648. At the white horse Tavern in Friday-street, there happened a quarrell between some Troopers of Col. Riches, and some Lords and Parliament men, thus: Some Troopers standing at the white Horse gate in Friday-street, where they quartered; The Earl of Middlesex, Lord &illegible; Col. &illegible; and some others being in the Tavern window over the gate, the Earl of Middlesex looking out of the window, and perceiving some souldiers there, threw a Chamber Pot full of piss upon them: One of the souldiers asked the Earl what he meant, to be so uncivill? the Earl raps out an oath, and tels him, if he had not enough, he should have more, and threw the Chamber-pot at him; the souldier seeing that, threw it up again, which done, the Earl swore God dam him he would pistoll him, if he came to them; upon which, the undannted Trooper runs up staires to them; as soon as the Trooper came up, the Earl drew, with that the Trooper drew, the Earl gives back, the Trooper follows him, the Earl makes a thrust at him, he puts it by, and claps in with him; by this time two other Troopers come, and the Earls company begin to draw, the souldiers fall on, cut them soundly, make them let fall their swords, and beat them to purpose; in the mean time the Mr. of the Tavern sends to Shoomakers Hall for two Files of Musketiers to come presently, telling them that there were some Troopers had set upon some Parliament men, and did abuse them, desiring the foot to give fire as soon as they come up, at the Troopers; they being thus prepared, according to the directions of the Master of the house, come; but the Troopers knowing some of the foot, make them understand the businesse, and then the foot take the Troopers part, and keep these gallants prisoners all night, and the next day had them to a Counsell of war: Take notice also of the valiantnesse of Col. Spenser, who hid himself under the Table while all was done, and another sitting in a Chair, saying, truly Gentlemen I offered you no affront at all: No you Rogue sayes one of the Troopers, what do you do here then, and takes him a box on the ear, and layes my Gentleman and his Chair on the Flower. The souldiers were very favourable to them, above their deserts, did not wrong them of one penny, they being full of yellow pieces, which the souldiers want, only the Troopers took their swords; and the gallants seeing they were to be there all night, went to gaming ten pound at a clap.
To the Right Honourable, and our most Excellent General, Thomas Lord Fairfax, Lord Generall of all the Forces in England and Wales.
The humble Petition and Representation of the Officers and Souldiers under the Command of Capt. Henry Smith, in the Country of Oxon.
Humbly sheweth:
HOW sensible we are of the manifold and glorious appearances of God in and with your Excellency and the Army under your Command, not only in the first and second transactions thereof, in the many engagements and successes against the visible enemies of ours, and the Kingdoms peace and freedom (which fills our spirits with admiration) but also in those late manifestations of his divine glory, in drawing you up to act in that which is so honourable in the eyes of God and his people, viz. the execution of justice without partiality, which speaks no lesse to us then Gods presence with you, his wisdom in you, his power for you, to fulfill the councell of his own will; from these our apprehensions we are drawn out (as Subjects and fellow-Commoners of England) to declare our approbation of, and full assent unto the late large Remunstrance and Declarations thereupon, from your Excellency and generall Councell, presented to the Honourable House of Commons, together with the Agreement and grounds for future settlement, tendred to the consideration of the Kingdom, being assured in our selves (upon a serious view of all the particulars therein) of the justice, reasonablenesse, and excellency thereof, in order to the establishment of the peace of the Kingdom, upon such a sure foundation as shall not easily be shaken.
May it therefore please your Excellency to put forth all the power the Lord hath conferred upon you, and all the wisdom he hath placed in you, for the speedy prosecution of all those things declared by you, and execution of justice upon all those enemies to yours and the kingdomes peace, without respect of persons, that justice being executed in our land, righteousness may run down all our streets, Tyranny and oppression (of what kinde so ever) being removed, the voyce of joy and gladness may be heard in all our Cities; in the prosecution of all which, we (though but a handfull of men) do unanimously declare our readinesse (according to the actings of God in us, and your Excellencies command) to stand or fall with you, not accounting our lives deare unto us, so that life, liberty, and freedome may be administred to this long inslaved, and late dying kingdome; and we desiring to approve our selves your Excellencies servants in the work of the Lord towards this Kingdome, shall ever pray &c.
To the Honourable the Commons of England in Parliament Assembled. The humble Petition of divers Citizens of London.
Sheweth,
THat your Petitioners doe with much thankfulnesse acknowledge the prudent care of this honourable House, for the safetie of this distressed, bleeding Kingdome, Demonstrated as in other passages, so especially in your late Resolution of the third of this present Ianuary, 1648. To carrie on the worke of setling the Peace and safetie of the Kingdome (though without the concurrence of the Lords) against all opposition whatsoever, which hath revived and raised up the dying hopes of your wel-affected Friends, that heretofore were almost in dispaire of having their just desires granted by Parliament.
Your Petitioners are deeply sensible, that the late Distractions and Miseries (which we yet groane under) have been much occasioned, not only by the King, but also by other evill-affected persons, in places of Power and Trust in the City, Kingdome, and Navie, to the almost destroying of the Trade and Manufacture of the same.
And therefore doe humbly pray,
- 1. That impartiall Justice may speedily be executed upon all those that have been the contrivers of, Actors, or Abettors in the former or latter Warres, by Land or by Sea, against this present Parliament. And that from the highest to the lowest (without respect of persons) they may be proceeded against according to their demerits.
- 2. That in order to the Peace and safety of the Kingdome, and all the wel-affected therein; Not only the Militia of the City of London (which hath a great influence upon the whole Kingdome, either for weale or woe, as experience hath demonstrated, by their non assistance of the Army (in prosecution of your just commands) though in extremitie neer the City,) as also all other places of Power and Authoritie in the Kingdome, and Navie, may be intrusted in the hands of those persons that may be safely confided in, for their known and approved fidelity.
- 3. That some effectuall course may with all convenient speed be taken for the recovering the almost lost Trade of the City and Kingdome.
And your Petitioners shall pray, &c.
The King of Poland hath been somewhat ill, but is now again well recovered, being present twice at the general Counsel held at Warsovia, for the setling of Affairs in this Kingdom, and chiefly to oppose the revolted Cosacks, whose Commissioners are still in Warsovia; and are there expecting an answer unto their Propositions which they brought from General Chinielniski: It is thought they are not like to have any pleasing answer, being their demands are deemed to be most dangerous unto the State, in the interim the Cosacks continue their plundering of the Country, and are come even within six leagues of Warsovia.
There hath been called a Diet here of all the Estates of lower Austria, Propositions being there to be made about the raising of moneys. This City having proffered already to pay 100000 Crowns for their particular. We hear from Moravia, that although the suspension of Arms hath been published, nevertheless the Sweads go on still in raising of money for the payment of their Arrears, The Garison of Olmuts demanding their Contributions to be paid till the yeer is expired. The Estates of Hungaria having sent to the Emperor about the Election of a Palatine; that so by those means their differences might be decided in an amiable way: therefore a Diet is summoned to be kept at Presbrurgh (the chief City in that Kingdom) the 25 of the next moneth, and his Imperial Majesty will be there in person. The Turks have ceased their frequent intodes into the Kingdom of Hungaria, that so his Imperial Majesty might not be forced to break the Cessation of Arms he hath made with them.
The third instant was the Coronation of Frederick the third King of Denmark and Norway in our Church of Saint Maries, where he was brought from the Castles, in this order. Two men went before, being on horse-back, having silver Timbrels, these were followed by six Trumpeters clothed in black Sattin, and black Velvet Coats, having also silver Trumpets; then came next five Marshals, having each a silver Mace, and next after one hundred Gentlemen, all cloathed in black Sattin, and black Velvet; afterwards followed the Deputies of the Cities of Lubeck, Hamborough, Dantzick, Rostock, and two Heraulds; after them more Timbrels, and twelve Trumpets, then the Senators of the Kingdom on horse back, the Admiral bearing the Golden Apple, the Marshal of the Kingdom with the Sword, the Chancellor with the Scepter, and the chief Steward with the Crown; after that came the King, who had a suite of Apparel made of Cloth of Silver, being carried under a Canopy of black Velvet with Silver Lace and Fringe, also the Canony was borne by the Princes of Sundergow, Lutin, Saxony, and Luneburgh; and after followed the Ambassadors of Holsatia, Oldenburgh, and Mecklenburgh, and some others, all on horse-back, most of them cloathed with Cloth of Silver. The King being entred the Church, and gone up as high as the Quite, where the Bishop of Zeland made a long Speech, which being ended, the chief Steward presented to His Majesty the Priviledges of the Kingdom, that he might confirm them, afterwards the Crown being delivered to the Bishop, he set it upon His Majesties head, giving him besides the sword and the Scepter. The Counsellors of State came also, and laid their hands on his head and his Crown, and at that time were discharged about 500 peeces of Ordnance. All this being ended. His Majesty was again brought into the Castle with the same Honors and Ceremonies as he had coming from thence, but with this difference, That the King had put on another Cloak, which was of Cloath of Silver, but furred with Hermines, and his stain carried by two Gentlemen of his Chamber, His Majesty riding upon a white horse, and a Canopy of Cloth of Silver, there going before two Heraulds, who as they went, did cast good store of pieces of Gold and Silver among the People, who were there in great multitudes in the great place before the Castle.
The King of Portugal hath sent his Express commands unto all Governors and Commanders in chief, and Officers of his Armies, That they presume not to depart from their Quarters, without his Express permissions, that so they may be ever in a readiness to observe and oppose to their best, the designes of the Marquis de Leganez who sending daily some strong parties abroad, seemeth to have a designe upon some of our Frontier Towns. Some few days past Dom Sanchi Manuel, accompanied with Barthelomew Vasconsellos de Conha, Commissary General of the Portugal horse, did route a Troop of Castillon horse at Sarca, as did also at the same time not far stom thence, Dom Rodrigo de Castro who slew and took prisoners two Troops of Horse, being of the Garison of Cindad Rodrigo; and Master de Themerincourt Lieutenant General of the horse in the Army at Alentejo, Having received an Order from Count de St Laurence, went out with 500 horse to meet with Dom Iuan Ibara, Commissary Gen. to the &illegible; who having made a great &illegible; into this Countrey, had much plundered and wasted it, chiefly intending to spoyl and waste about Monsarrat; but having met with him upon the thirteenth of this instant, about ten at night, he fell upon his Rear so furiously, that he put him to the worst; insomuch, that the Commissary himself was sorely wounded, besides three Captains, four Lieutenants, one Alfiere, fourty seven Souldiers slain upon the place, and many prisoners, ours becoming masters of all their booty. Since that time, there was not any thing done worthy of observation, the Rain happening to to be extraordinary great, by means whereof the River of Guordiana, which parts the two Kingdome, did overflow the banks, our Army was forced to lye still and remain in their Quarters.
We heare also from Tercera, by a ship come hither from Angola, that this place is again come to the power of the Portugals; and this happened at the arrival of D. Salvador Correa de Sa, Governor of Rio de &illegible; who hath the command of a Squadron of Ships; and being gone thither with some land men onely to refresh them, the Hollanders came with a strong party to oppose them at their landing: Thereupon having not onely marched out of the Town, but also the Castle of Loands, they were bravely charged, first by the Portugals, then newly landed, and after by the Inhabitants, as well the white, as the Negros, who are all Papist, they all rising &illegible; such sort, that the Town was soon recovered from the Hollanders; who it seems have so ill used these people ever since May, 1642. that thereby they have been provoked to use them thus coursely. By this action the breach is made unto the Truce, formerly agreed betwixt the Portugals and the Hollanders, who were glad to forsake the place forthwith: Nevertheless, in regard that all this was acted without any Command or Order from the King of Portugal, his goods have been confiscated, and they are to proceed against him in way of a Tryal; yet his Majesty is well pleased That the Dutch Souldiers, who were about 400, who have had fair composition granted, having Quarter for their lives & liberty, do go to the Isle of St Thomas, or to any other part, at their choice. For all this, it is not thought that this will be able to break quite the Treaty betwixt them, but rather that there will be a happy Conclusion and Agreement made concerning their Differences made about Brasil.
The Spanish Fleet lieth still at &illegible; to the which Citie, his Catholike Majestie hath lately granted many large Priviledges and Immunities, chiefly that the Vicekings of Sicilia, who were wont to keep their residence at Palermo, shall now remain there six months every yeer, for an acknowledgment of their good services and fidelity, which they have kept always without wavering in their last rising in that Island, of whom Dr. Iuan de Austria, is confirmed Governor, and &illegible; the chief over all the Spanish affairs in Italy: and it is said, that the Cardinal Trivultio is to leave his Command of Sardinia, unto his brother Prince Trivultio, Master Gio. Battista Monsorte, heretofore Governor of the Province of Cosenza in this Kingdom, hath order to go into that of Bari, there to execute the same place. The Ecclesiastical Galleys are come hither from Candia, and so are to go to Civitta Vecchia, under the Command of Bologneti, who is Lieutenant General. The Prohibitions made formerly not to transport any Corn from one place to the other, have been revoked, that so it might not hinder the seed time. One great part of the Country remaining waste since the last risings, which are now well quelled by the strict search and inquiry made of those that so much plundered and annoyed the Country for these few yeers past.
This day the Court, all the Chambers being met, upon advice received that the King was gone from this Citie the last night; the Aldermen being heard thereupon, and the conclusions of the Kings &illegible; and Solicitor General: the Court hath ordained, and doth ordaine, for the better safety and preservation of this Citie and Suburbs, that by command of the Sheriffe, a strict watch shall be kept through this Citie by the Citizens, as well by day, as by night, and at night Courts of Guard shall be kept, and the chaines to be drawne in case of necessitie: And doe hereby make prohibitions unto all persons, of what degree or qualitie soever, to transport, or convoy away out of this Citie any Armour, or things of the like nature, and all Colonels and Captaines are also commanded to looke narrowly, that none be transported from this place, and doe also expresly injoyne all the Kings Officers in the Chasteler, to have a speciall care about importing, and exporting of any kind of commodities or goods: And according to an Order, of the 23. of September last, doth againe expressely command all Governours, Captaines, Majors, Aldermen, &illegible;, Sheriffes, and their severall Deputies respectively; that they suffer and let passe quietly, through any Towne, Borough, Village, Bridges, or any other passe, all manner of provisions or victualls, which from time to time, shall, or may be imported hither; And doe expressly forbid them to receive any Garrison, or to quarter or billet any souldiers &illegible; their severall places; but rather to further and aide the bringing in of provisions to this Citie, to their best abilitie, without any let or hinderance, and to that end, to give them Convoyes, or any other assistance, as they shall thinke fit; and those that shall doe otherwise, to answer their contempt in their owne persons. And this present Ordinance to be read, and published with the sound of the Trumpet through this Citie, and the Libertie thereof, as it is usually accustomed, and to be also sent unto the neighbouring Townes, there to be published, that so none may pretend ignorance thereof.
Signed DU TILLET.
This day the Court, with the Chambers all met, upon the report made by the Kings Officers, how they had been at Saint &illegible; with the King and Queen Regent, according as they were enjoyned by an Ordinance of Parliament, of the 6. instant, and desiring to have audience, it was utterly denyed them, but only an answer made, the Citie was blocked up. The Court, all the Premisses considered, high ordered and ordained, That most humble Remonstrances shall be presented to the King and the Queen &illegible; in writing. And by reason that it is manifest, and doth evidently appeare, that Cardinal &illegible; is the chiefe Actor and promotor of all the disorders in the State, and the cause of these present evills. The Court therefore doth declare him a notorious disturber of the publique peace, Enemy to the King and State; doth expresly command him to depart from the Court within one day, and within eight dayes to depart out of this Kingdome; and the said time being expired, in case of refusall, doth expressely charge and command all his Majesties Subjects to seise upon him; doth forbid that none entertain him; Ordered that there shall be raised a competent number of souldiers, for the defence and preservation of this Citie, and to that end, that Commissions be granted for the safety of the Citie, as well within as without, that so they may convoy, and secure those that shall bring provisions, that so they be brought with safety and freedome, and have no molestation. This Ordinance also to be read, and published with sound of the Trumpet, as it is accustomed; and all Officers in their severall places are required to see the same put in due execution.
At the Consistorie held the 7. instant was propounded (the Pope being present) by the Cardinal &illegible; the Bishoprick of &illegible; for Mr. &illegible; and the &illegible; was given by a Procurator to the Archbishop of Saint &illegible; in the West-Indies. The &illegible; went away from hence, the Count Saint George Ambassadour for the Duke of &illegible; This week was disbanded certaine Troupes of Horse, and Companies of Foot, which were billeted in severall places within this Citie, and the same will follow in other places within the Church Dominions.
Two English Ships arrived here from Candia, doe confirme that which was spoken formerly, touching the misintelligence between the &illegible; and the &illegible; which we thought to be wholly agreed, but seemeth to be lately renewed, by reason of the Jealousie between them, and mistrust each of one another, insomuch that at last they were come to blowes, and much bloud spilt, and that both had protested to forsake their service, in case they doe not receive that present satisfaction which they challenge, being a gift at the Coronation of every Turkish Emperour: the old Empresse doth use all meanes possible to keep them quiet, with a parcell of faire words, whilst the great Councell, called the &illegible; hath decided the businesse. We heare further from Candia, that the S. &illegible; who are counted the most valiant of all the &illegible; are again marched in the field against the Turkes, intending to blocke up the wayes for relieving Canea, and hinder the communication which they may have with the Turkish Army before Candia; and for their greater incouragement, besides the two vessels laden with Ammunition, he is gone himself to them with a great supply of men, which are shipped upon some Gallies, that so they may beset close that strong hold, which at present is much unprovided of men and Ammunitions: In the mean time one men defend themselves valiantly in the City of Candia, where the Turkes although they are gone at some further distance, the better to repair their losses, which they received lately upon the severall assaults given to that place, neverthelesse because it is feared they will returne againe, therefore our men are very busie in repairing of our works and to make up the breaches which the Turks have made with their batteries on our walls this 15 moneths that they have besieged it.
The Commons (&illegible; the Parliament of England) Vote that the Committee of &illegible; should be impowered to lay Assessments of 2500 l. per &illegible; upon the said County, for maintenance of the Forces before Pontefract. The Committee of Indempnity, ordered to draw up an expedient, how all the people of England may have the benefit of the several Ordinances for Indempnity, without being put to that trouble and extraordinary charge of coming up to London. They Vote James Clavering Esquire, Sheriff of Durham, the Governor of Windsor, 15 l. per &illegible; for defraying the charge of the King and his attendants, and 5 l. per &illegible; for incident charges to the Garison while the King is there, 3000 l. worth of the Duke of Buckingham, Woods to be cut; 1500 l. there is to be for the Governor of Windsor, and the other 1500 l. for pay of the Horse guards Com. Bucks.
3. Jan. They Vote two Members of the House to peruse the Lords Journal Book, and to certifie what they had voted upon the Ordinance and Vote, yesterday rejected by them; they presently return answer, That the house of Lords yesterday consisting of the Earl of &illegible; Earl of Northumberland, Earl of Pembroke, Earl of Mulgrave, Earl of Rutland, Earl of &illegible; Earl of Manchester, Lord North, Lord &illegible; Lord &illegible; Lord &illegible; and Lord &illegible; had, nullo &illegible; agreed upon several Votes for laying aside and rejecting the Ordinance yesterday sent up to them, for appointing a Court-Marshal for tryal of the King, and the order for declaring the King Traytor, for levying War against the Parliament and Kingdom, the supream Authority of this Nation (though they would never own that stile till now) therefore voted, That the Members of that House, and others, appointed by order of this House, or Ordinance of Parliament, to Act in any Ordinance of Parliament where the Lords are joyned; and are hereby impowered and enioyned to sit, act, and execute in the said several Committees of themselves, though the Lords joyn not. They order &illegible; ward to proceed to Election, and that the Lord Mayor, or any other, should forbear to impose the oath of Common Councel, or the oath of Trinity house, or any other illegal oath, upon those that are lately elected for Common councel men of London. They refer the names of the Officers of Ships to the Navy, to consider who are fit to be imployed in the next Summers Fleet. Col. &illegible; and Cap. Moulton, especially recommended to the Navy for imployment.
4. Jan. They vote, That the people under God are the original of all Just Powers what then becomes of the power of King and Lords, that never were decied by the people? They declared, That the Commons of England assembled in Parliament, being chosen by, and representing the people, have the supream Authority of this Nation. But because the Levellers said so, therefore imprisoned, their Petition rejected, and they held enemies to the Kingdom; and it would be but justice &illegible; to &illegible; all Orders against Lieutenant Colonel John Lilburne and others, for maintaining the same, and give them leave to prosecute the Lords for saise imprisonment. They further declared, That whatsoever is enacted and declared for Law by the Commons of England assembled in Parliament, hath the force of Law, and all the people of this Nation are included thereby, although the consent and concureence of the Lords and Commons be not had thereunto: How many Members were of this minde a moneth a gone, &illegible; Henry &illegible; and seven more?
5. Jan. The Parliament votes, That the General be desired to take order, and &illegible; all Delinquents and Papists from &illegible; to, &illegible; in the City of London and Liberties thereof, or within the late Lines of Communication, or within ten miles of the City of London; and secure the persons of all such as shall be found within the said limits six days after this present Friday, except such persons as shall be licenced under Mr. Francu Allen, and Mr. Samuel Moyl, to come to prosecute their Compositions with effect, or such as have already compounded for their Delinquency, and have paid in their money according to order and directions of the Parliament. They ordered also. That the Lord General should be desired to command his Martial General to take care of all prisoners of War, and for Delinquency, That they be secured from escaping, and it was referred to the Committee of the Army to enable the Marshal General to go on with the said service. The Marshal General was likewise voted, to put the Ordinances of Parliament in execution, for suppressing scandlous and unlisenced Pamphlets, and the Committee of the Army was to enable him to go on with that service. The prison of Peter house, and the escape of prisoners thence &illegible;
6. Jan. Letters come from Master Strickland Agent for the Parliament in Holland, &illegible; two rich Aldermen of the City of London are landed there, viz. Alderman &illegible; and Alderman &illegible; Its very &illegible; many Lords and Commons, and other Citizens will follow them are long. The two Members appointed to know Mr Prymes answer Whether the scandalous Pamphlet, to which his name was set, was his; and whether he would own it, reported his answer, That when a sufficient Authority sent to &illegible; he would return a speedy answer. This answer is to be considered of on Thursday next. The Commission is for tryal of the King, ordered to begin to sit about that business on Munday next, at two a clock in the Painted Chamber. They order the monys formerly given to the Lord &illegible; should go towards disbanding the Lancashire Forces: It was referred to the Lord General to take care to enquire how the Scotish prisoners have been disposed of, and by whom, and who have made merchandise of prisoners taken in War, either Scots or English; and that his Excellency be desired to return Certificate thereof to the house.
Sir,
This Town is most gallant, and Heroick of all others in the Kingdom, as they were formerly, by opposing so long and difficult a siege. Its very observable, and most remarkable to all the Kingdom, that though they have no Garrison in the Town, yet they suffer not any man to come in armed, or at least to stay many hours in the Town, before they examine him, and if he cannot give a good account that he is a friend to the Parliament, and Army, they disarm him presently, secure his person, and detain him till he can produce good friends to ingage for his integrity: Some lately come hither that could not produce sufficient testimony of their affection, they have been sufficiently handled by the Inhabitants. The Revolutions, and Transaction of affaires, now give a sufficient Caution to all the well-affected in the Kingdom, to be as jealous and strict as in this Town. And I wish all honest men would put themselves in a posture of defence and security before it be too late.
Sir,
We thank you for imforming the Kingdom in your last, of our ready, and speedy assotiation with friends Domestick, and elsewhere, for security of the wel affected of this County, and others adjacent; you may in your next tell the Kingdom, that the Lord hath raised up the spirits of all the honest party in this County, and neer us, in relation to the late proceedings of the Parliament and Army, for Common Iustice, Freedome, and Preservation: That we are no lesse then 12000 horse and foot listed to joyn with, and engage for the ends mentioned in the late Remonstrance of the Army and the Petition of the well affected of the City of London, and shall be ready in three dayes time to give a full testimony of the same (if occasion shall be) which we hope the Lord will prevent
Sir,
Since the last Post little considerable hath hapned in these parts. The &illegible; Gen. is not returned from the disbanding of Col. Rodes and Col. &illegible; Regiments of horse, in regard the work hath been very difficult and troublesome, yet I presume by this time the business is well nigh over. Here is no visible disquiet as yet in these parts, or any thing tending visibly thereunto; If this unluckie hole were But reduced, which I fear may yet be too long, and will be the utter undoing of this poor Country, besides the continuance of our miserable hard duty in this extream unseasonable weather, more then all the forces of the Kingdom besides. We have lately had severall counsels of war here, for the tryall of offenders, wherein we have proceeded to the execution of exemplary justice upon some, to the great satisfaction of the Country, and reformation of the Army. The wel-affected in &illegible; parts do greatly rejoyce (the Malignants are as much troubled) at your gallant proceedings against Charles &illegible; you see now the Lords and he are not independent, let them all fare &illegible; private enemies are more dangerous then publike: I think they have gone a more ready way to undo themselves, then all humans wit could have imagined. Strive to answer the providence of God in this thing, it is good indeed to follow, or come after providence, but it is as good to keep close to it, and not to lag one seasonable blow to the many seasonable words (which sure is not far off) would set the businesse much forward; expedition in this would prevent much corrupt mediators, which other Monarchs will send, to turn Iustice aside, lest it might prove an ill president to them in future. The poor people in these parts are afraid of &illegible; again, hearing rumors, as if they were preparing for a second invasion, and I perceive that is the great hope of this besieged enemy: for my part, though I am apt to believe that they are as great enemies to these late acts of the Army, as can be, and would most willingly finde a plausible way of entrance, yet I think at present they are not much to be feared. Their new Parliament begun the 4 of this instant, and certainly something considerable will be done, both in relation to the last engagement, and also to some future service, I wish they were well watched both in this and that Kingdom, that we may not suffer for want of discovery, or true understanding of their proceedings.
A Letter was this day read in the House from Sir Charls Coot, from London-Derry, giving an accompt of the present affairs and condition of the Parliaments Forces under his command, which was to this purpose, That a while agone he marched forth with the Forces of that Province of Connaught, from his head quarters, the Town and Fort of Slige, seventy miles into the enemies Country, to a place called Shrewe: in the County of &illegible; that after a little conflict with the Rebels, some of them were killed, and that his party burned great store of their corn, preyed the Countrey all along, brought away one thousand of their Cows and returned without loss. That from thence he returned to London-Derry to his command, where he apprehended Sir Robert Stuart, and have since sent him over into England with a Charge against him. That since this, he hath possessed himself of Kilmore, and fourteen great &illegible; which Sir Robert Stuart endevored to block up both by Sea and Land, whereby to starve and take the City at pleasure, in stopping and offering to sink the Ships with the late Provisions of Parliament, sent thither for relief of the City; and several other Vessels from England and Scotland, which he would not suffer to pass or traffique with the City, until it was necessitated to grant him advantagious conditions. He also intimated of his seizing of Lefford Fort, Castle-Derrige, and Castle M. Gra, the fishings of Loughfoyl, and some Customs of London-Derry. The House after the reading hereof, and the Charge inclosed against Sir Robert Stuart, voted, That it should be referred to the Lord General and Councel of War, &illegible; Sir Robert Stuart by a Councel of War, upon the &illegible; charged against him; and that the prosecutors do give in their charge against him, to the Councel of War; and that the said Councel be desired to secure the person of the said Sir Robert Stuart, till the said tryal be ended. They likewise voted, that it should be referred to the General and Councel of War, to take into consideration the desires of Sir Charls Coot, to have relief and supplies speedily sent unto him. The consideration of securing Holy Island, presented it self this day to the Parliament; and they ordered thereupon, that the Lord General should be desired to take especial care of the safe-guard thereof. They gave Sir Charls Coot thanks for these extraordinary services, and confirmed his possession of Culmore-Fort, and other places. Approved of his apprehending Sir Robert Stuart and others, that fled into, and that were engaged against this Parliament and Army in this Kingdom, and likewise Scotland in the last Summers Rebellion. They vote that the Counties of Northumberland, Cumberland, &illegible; &illegible; of Durham, and towns of Newcastle and Berwick should (since the 28 of November last) have the benefit of the Sequestrations of all Delinquents, and the fines of all old Delinquents, for their new Delinquencies, for disbanding of the Forces lately raised in those Counties and places.
The Generall Counsell of the Army, intended to perfect the Agreement this day, &illegible; the sirting of the Commissioners for tryal of the King in the printed Chamber had not prevented them: The House rose betimes likewise in relation to that businesse. The Commissioners being met about three of the clock, (his Excellency being one) after (a short Ceremony performed) they fell to Debate, and came to this Resolution, viz. That to morrow morning a Herald should proclaim, and invite the people to bring in what matter of &illegible; they had against Charles Stuart, King of England. That on VVednesday next the Commisioners appointed for tryal of the King, intend to sit in VVestminster Hall concerning that business, and to direct all persons to bring in their Charges on that day. Having thus named the time and place, his Majesty is expected to be speedily sent for to VVestminster in order to his tryal: take heed of his fair words, and be not deluded.
The French in Paris have chose themselves a Generall, who no sooner was elected, but comming out amongst the people, he cast up his Hat, and cryed with much acclamation, and the people with him. Vrve le Roy, & la Parlament. They have 40000 ready to draw our against the Prince of Candy; if they be worsted the City is ruined, if otherwise, the People may redeem themselves from slavery, if they cry not up too much the King and Parliament.
The King is seemingly merry, &illegible; absolutely timerous of all that &illegible; into his presence, except young Ladies, whom he salutes for the most part (if handsom) but the old Ladies must kiss his hand; the black &illegible; not attending him as the did in the Isle of Wight makes him very hot and eager in Courtship.
&illegible; week comes forth in Print-Master Brooks his Sermon preached before the Commons the last Fast, He exhorting them to Justice; the Gentleman that preached after him &illegible; discontented having his brother Loves spirit boyling in his &illegible;
Printed and are to be sold by R. &illegible; in Queens Head Alley neer Pater nosterrowe, and T. &illegible; at the West end of &illegible;
FINIS.
The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.
From Tuesday January 9. to Tuesday Ianuary 16. 1648.
&illegible; in Peril, is the Mother of &illegible; Misery, and Clem: Alexand: tells us, that delays oftentimes bring to pass, That he which should have died, &illegible; &illegible; &illegible; should have lived. This made a wiseman once to say, That Reason many times desireth execution of a thing, &illegible; &illegible; may not suffer to be done; not for that it is not just, but because it is not followed. Besides, how frequent do we &illegible; &illegible; hour to be the father of greatest &illegible; Mens judgments and opinions, wavering in a moment. The Flatterer applies himself to &illegible; and opportunity; let him swallow the Golden Pill, and let us observe its operation. In hard to blinde Suspition with a false colour, when Jealousie stands at the &illegible; of an enemy: Yet would I not distrust any, without cause; &illegible; be too &illegible; without proof: but rather make Suspition a &illegible; by holding an enemy &illegible; my bosom. Frederick the Emperor desired, That his Councellors would at the &illegible; in of his Court, lay aside all deceit and dissembling. And we reade that Alexander could boast to Antipater, That his &illegible; was outwardly white, but lined with purple. Is there &illegible; Anguis in Herbs? then Cave. But Silence is a gift without peril, and a Treasure without an enemy: being more &illegible; then speech, when Enemies become the Auditors.
The great Complaints of Fishermen swim in the House this day, having &illegible; &illegible; allowed to protect and to maintain that great trade; Pirates from Ireland and elsewhere, making their daily &illegible; upon them, to the ruine of themselves, and that great trade of the Nation. The consideration hereof, begets an Order for four ships to be speedily set out for their relief: The care and expedition herein, is referred to the Committee of the Navy, who are now more white then &illegible;.
They Vote, that the Book wherein all the Oaths of the City of London, are Registred, to be imposed upon Councel-men, before they could be admitted to sit, or act as Common-Councel-men, should be sent for to the Committee, appointed to consider of the said Oaths, and all others; to the end, Provision may be made for the future against them.
The Committee appointed to consider of Master Hugh Audley, that would not stand Sheriff, unless he might be execused from taking the Oaths usual imposed upon Sheriffs, made report thereof this day to the House; upon which, they Voted that the said Master Audley should be excused from having the said Oaths imposed on him.
The Lords sitting this day, sent a Message to the House of Commons, who debate long, Whether the House should take any cognitance, or receive any Message from their Lordships; the debate flies high, and the result could not be had without a division of the House, and it was carried in the Affirmative. The Messengers, upon that being called in, acquainted them, That their Lordships had returned them several Ordinances, sent up formerly to their Lordships for their Concurrence. One was for the Commissioners of the Customs, to advance 6000 l. upon the security of the petty Customs for the use of the Navy: Another for continuing two Troops of Horse in Northamptonshire: A third, for levying the Arrears of Assessments due to the Army: And a fourth, for removing obstructions in the &illegible; of Bishops Lands.
The House then ordered two Members of their house, to goe to the house of Peers, and peruse the Journall of that House, and certifie the same to the House; The members &illegible; reported that their Lordships had past foure several Ordinances, which they sent downe yesterday, and had debated the Vote sent up unto them, for declaring Charles Stuart (King of England) Traytor, for levying warre against the Parliament and Kingdome; That their Lordships had &illegible; a Vote thereupon, which was to to this purpose, viz. That if any King of England shall hereafter leavie warre against the Parliament and Kingdome, it shall be high treason, and he shall be proceeded against accordingly, by the Lords and Commons assembled in Parliament. And that their Lordships had adiourned till to morrow. The House Votes a new great Seale to be made, and the old one laid aside; conceiving is more proper to have the Armes of England and Ireland, then any particular persons; And therefore voted, that the Armes of England the Harpe, and the Armes of Ireland should be ingraven in some convenient place of the said Seale; That on one side thereof, there should be this inscription; viz. (The great Seale of England) and on the other side thus; (In the first yeare of Freedome, by Gods blessing restored, 1648.) They ordered that the name of no particular person should hereafter be used for stile in Commissions and Writs, but referred to a Committee, to consider what stile should be used therein for the future. The high Court of Justice sate this afternoons concerning the Kings tryall, and ordered that Proclamation should be made with a Herald at armes, by beat of Drumme, and sound of Trumpet, that the said high Court did intend to sit on thursday following in the Painted Chamber, concerning the tryall of the King.
Three Lords got together this day into the house of Peers, and adjourned till to morrow morning, without doing any other businesse whatsoever. The Commons this day Voted that Mr. Pryn by his last answer concerning his scandalous Pamphlet, had denyed the authority of that House. And hearing that there was a Habeas Corpus granted for removing his Body, the House to prevent the same, Voted that the Serjeant at Armes should take the said Pryn into speedy and safe Custody. The Ordinance for regulating affaires in Courts of Iustice was read first time, and recommitted.
A Proclamation made by Serjant Denby, concerning the sitting of the high Court of Justice, for tryall of the King.
By vertue of an act of the Commons of England assembled in Parliament, for erecting of an high Court of Justice, for the trying and judging of Charles Stuart King of England.
We whose Names are hereunder written being Commissioners (amongst others) nominated in the said Act, do hereby appoint, that the high Court of Justice, mentioned in the said Act shall be holden in the Painted Chamber, in the Pallace of Westminster, on Wednesday the tenth day of this instant Ianuary, by one of the clock in the afternoon; and this we appoint to be notified by publike Proclaiming hereof in the great Hall at Westminster to morrow, being the 9. day of this instant Ianuary, betwixt the hours of 9. and 11. in the forenoon;
In testimony whereof, we have hereunto set our hands, seals the 8. day of Ianuary, Anno. Dom. 1648.
Signed and sealed by 46. of the Commissioners in the name of the whole Court.
We the Commissioners, whose names are hereunto subscribed, doe hereby authorize and appoint Edmond Denby Serjeant at Armes, to cause this to be Proclaimed, according to the tenour thereof, and to make due return of the same, with a precept to the said Court at the time and place therein mentioned.
Signed by 46. of the Commissioners of the
Court, in the name of all the rest.
Ordered by the Commons assembled in Parliament, That the same Proclamation that was made this morning in Westminster Hall, touching the Tryall of the King, be made at the old Exchange, and in Cheapside forthwith, and in the same manner. And that Serjeant Denby, the Serjeant at Armes, do Proclaime the same accordingly: And that the Guard that lyeth in Pauls do see the same done:
Henry &illegible; Cler. Parl. Dom. Com.
Serjeant Denby rid with his attendants, and a Troop of Horse before him, with the &illegible; of the House of Commons on his shoulder, and proclaimed! in Cornwall against the Exchange, and afterwards in the middle of Cheapside in London, according to the said Order.
To his Excellency Thomas Lord Fairfax, Lord General, and his general Counsel. The Humble Petition of the well-affected in the County of Hartford, &c.
weth,
THat your Petitioners do with much thankfulness acknowledge the mercy and goodnesse of God to them, and all the well affected of this Nation, in stirring up your Excellency, and the Army under your Command, to interpose between them, and their intended ruine, who (having constantly adhered to the publike interest, though the various mutations of times, and not been wanting in contributing due and cheerfull assistance towards suppressing the Common enemy, even much beyond proportion) have long waired with much patience, on those from whom we hoped for relief, yet have had no deliverance: But as in Egypt Pharaoh dyed, and another that knew not Joseph arose in his strad, who afflicted Israel; even so in our Parliament many of our worthy patriots are dead, and such new Members come in their room, as have doubled our afflictions; as in particular, they have gathered in our moneys under pretext to pay your Excellencles souldiers, but have kept the moneys, and made us keep the souldiers; some also chosen by this County, have strongly endeavored to hinder the success of such means as hath been used to secure the County, writing down to the Parl. Committees, to desist raising money, thereby to discourage the souldiers for want of pay when indeed we were in great danger to be overrun, an enemy being then (as it were) in our bosoms; besides the great indignities put upon many, who with all uprightness and faithfulnesse have served the publick, by sequestring, and secluding them from those Offices and imployments, wherein they were most usefull, as Committees, Commissioners, &c. And giving countenance and incouragement to such as might rather be esteemed enemies, and dangerous to the State, by making them Iustices of the Peace, Committees, Commissioners, &c. which makes us more then suspect they had no good design upon us; and when we consider what Ordinances have past the Houses for suppressing the Book of Common Prayer, and how long Members of Parliament at our Counties Sessions, have not only reasoned, and pleaded for those Laws which binde the people in Conformity thereunto, but punished divers by imprisonment, for not observing the same: we can in reason expect no case, but rather torture for tender consciences: but above all, we must needs look upon the late Treaty, wherein they so strongly engaged, as the most prodigious and horrid thing they could have attempted, to the utter, and inevitable ruin of the whole Kingdom, and their own perpetual shame and Infamy, especially, if their Declaration of no more Addresses have any truth in it.
We therefore humbly beseech your Excellency (whom by many sweet experiences we have found to be Pater Patrie, a Friend and Father to your countrey) to look upon our miserable distresses and distractions, with a tender and regardfull eye, to take care for the speedy settlement of our almost ruined Nation. To make good your severall Declarations, Remonstrances, and Proposals lately set forth, (that we may not languish in a tedious expectation of benefit by them) not forgetting your ingaged care, that the Petitions presented to your Excellency and the House, by the wel-wishers to the publick, especially that of 27 Heads, of the 11 of September last, may have their timely consideration. That Iustice may be administred to all, and that those that have been Capitall offenders, may have due punishment, and be presidents to future Generations: More particularly, that secure and timely provision he made against persecution for conscience sake, by the usurped power of the Magistrate, as also against the exercise of Arbitrary, power, over any mans person, or Estate, and against them tollerable oppression of tythes free-quarter, &c.
And in your Excellencies prosecution of these, or the like things, as matters of Iustice and Freedom, (though it should be in wayes extraordinary) your Petitioners will stand by you, and assist you with their Estates and Lives.
The Commissioners that have been appointed to see the Artleles agreed upon &illegible; the late Treaty, are still remaining at Vim, being staid there about the ending of some differences, not yet concluded in the Diet, which is hold still in that place &illegible; in the mean time a Trumpeter hath been sent to Munic, to the Duke of navaria, to know of his Highness, Whether he remaineth still in that resolution, to see the Articles of the Treaty were observed, or not, chiefly concerning that Town; seeing there is lately gone into it above two hundred foot souldiers, besides those that had been sent thither a few days before: there is a small party of horsemen gone into Memminguen also. The Cessation of Arms hath also been published with the found of Trumpet in Nordlinguen, where every Citizen hath been cared ten Gelders, towards the payment of the Swedish Army.
The Duke of Bavaria having obtained his demands at the late Diet held at Wasserburgh, even that the Estates there assembled should take upon them to satisfie and pay such arrears as are due to his Army; therefore the Bavarian Generals are gone to the said town of Wasserburgh, to confer with the said Assembly. This Army hath still its chief quarter at Sult bach in the upper Palatinate, and the Imperialists remain still at Budweis; some Regiments being sent to take their Winter quarters in the Emperors Hereditary Countryes, till a new order be sent.
According to the Agreement made at Prague, between the Deputies of both parties; the Swedish Generals are contented to forsake Bohemia, and to quit those places which they hold in that Kingdom; their forces being already gone over the Moldaw at Colm, that so they may quarter in those seven Circles (or Counties) which are appointed for them, being agreed upon betwixt both parties, that the Swedish forces shall quarter on this side the Elve, and the Imperialists on the other side of the River; it being also agreed, that there shall remain in Prague one thousand Musquertiers in that part of the City, called the Little Town, till such time as they have received their full satisfaction for the moneys that are due at the first payment; which being done, they are totally to quit the town. The Prince Palatine of Sweden is to have his head quarter at Ersurt, the General Koningsmark at Halberstad, the General Wrangle at Schwinsurt, and the General Wittenberg, in that part of Prague called the Little Town; from which place, there marched out the eleventh instant, some Swedish Troops, viz. The Regiments of Rore, Axellilie, and Zebel; and at that very time the Schollers did also quit their posts, where they had strongly intrenched themselves in the old Town; after that, the Colonel Coloredo, who is Governor of Prague, had given them &illegible; any thanks in the name of his Imperial Majesty, for the good services they had performed, for the defence of the City, during the time it had been besieged; they thewing so much valor and courage, that they did even beyond expectation; and the better to express it unto them, there was some moneys given among them, and pieces of cloath, that so they might get new apparel, whereof they stood in great need.
The six instant, the Duke of Saxony Lawernburgh, did feast at the said City of Prague, the Prince Palatine of Sweden, and his brother, the Palatine of Heidelberge, the Duke of Weeklenburgh, the Generals Wrangle, Koningsmarks, and Wittenberg, and some other high Officers of the Swedish Army.
The French forces that quarter in these parts, have lately sealed the walls of the Little Town Seligenstar, where they intend to quarter, and also have done the like at Elfelt, where one of their Regiments lyeth quartered, besides another that is gone to quarter at Moguntia.
The 22. instant was brought hither the ratification of the peace of Germany from Sweden, and two dayes after was brought also the same from France, which hath been here a great occasion of joy unto all the Deputies that are yet here, as also there was great rejoycing through the Citie, so that there remaineth nothing more to doe, but to deliver from one to the other the said ratification, that it may be a thing firme and stable.
This Citie hath promised to send within ten or twelve dayes to the Hague, an Answer to what hath been demanded of them, viz. whether they would declare against the King of Portugall, in case he would not make restitution of those places which he holds in &illegible; which the Hollanders alledge to have been unlawfully regained from them by the Portugais, although it is well known the Portugais did first discover it, landed there, inhabited it in some parts, and have freely and quietly enjoyed it, till such time as the King of Spaine, having got possession of the Kingdome of Portugal, and the Hollanders being then in their Orient, did invade that Country, not as being Portugaises, with whom they never had had any quarrell or falling out, but did consider them, as being the King of Spaine Subjects, never considering, what title, or in what manner he was become Master of that Kingdome, whether justly, or unjustly for the truth thereof, the successe hath been a great evidence, how it was no better then an usurpation and therefore makes the Hollanders title, or claime to it so much the weaker, and of lesse value; it is scarcely believed that the City of Amsterdam will very hardly engage in that warre, there being many reasons against it, for besides a strong partie there, that is well affected to the Portugais, there is want of many things that are chiefly necessary for the setting forth of a Fleet, and therefore will sooner follow their trading in all parts, then to venture in a warre, which is very dubious, and in the end can produce but little good unto them.
Dem Octavis Guaschi, Field Marshall Generall of the Lorraine Forces is lately come to this City, from whence is gone Count Francesco Sorbelloni to Madrid, where is lately deceased Dom &illegible; Sajaucdra, heretofore one of the Plenipotentiaries for his Catholique Majestie at Munster. Our Governour, the Marquis of &illegible; having advice of the landing at Genea, of six hundred Spanish foot souldiers, commanded by D George de Vlione, which men are sent to serve in this Dukedome for the defence thereof, therefore he hath sent thither for their Convoy the Regiment of Dragoones of Dom &illegible; de Viglians, who was in the Country of &illegible; upon the borders of Montserrat, where they have plundered all those places that have refused to pay contribution. We are put in hopes of more forces that are to come, which will amount in all (as it is said) to 4000. foot souldiers that are to be here, and made sit for the next Summers expedition; but our Treasure is so exhausted, that hitherto the Princesse of Mirandula could not be paid off her yearly pensions, neither the Catholick Cantons of the Switzers and Grisons, although Dom &illegible; Caser, the Spanish Embassadour at &illegible; lately come hither himselfe to hasten the payment thereof, without with there is no faire correspondence to be kept with them.
Dom Diego Cavatiero Governour of Lerlda did march out lately from thence with a party, consisting of 500. foot, and three hundred horse, intending to have fallen upon the little Towne of Castillan de Farfague, which is neare Belaguier and having entied the Towne, to have taken the Castle by an onslaught, which is no strong place, but very ill fortified. But as he was going to cease upon the Church, the Governour of the place fallied out of the Castie, with a party of his garrison, and some of the inhabitants which fled thither and after a very hot encounter they put the enemy to flight, there being eighty of them slain upon the place, with one of their best Captains, and three of them taken prisoners.
Our Senator &illegible; is here returned from Casal, where he had been sent to the Duke of Mantua, to renew the Treaty which had been begun formerly betwixt him and one of our Princesses, which did not proceed one while, but a demur was made by reason of some pretentions which the said Duke had upon some Lands in the Montefertati, which Lands he demanded to have as a Dowry. For his pretended Spouse; in lieu whereof, he hath propounded to make a double match, in proffering his sister to be married unto the Duke of Savoy. The greatest part of the French forces that serve in this state, are gone to take their quarters in Daufane in the Kingdom of France. The Spaniards have demolished the Castle of Cencio, and have carried the Goods, Ammunition, and what else was of any worth to Final; so that at present, they have no more strong places in the Country of the Langhes.
The twentieth instant, Mr du Bosquet (heretofore Lord Chief Justice in this Province of Langue doc, as also for that of Guienna) had the Bishoprick of Lodeva bestowed upon him by His Majesty, and was transmitted into holy Orders, and after consecrated by our Archbishop, having for his assistants, the Bishops of Beziers, and Alez.
We have received advice, that the Galleys of Monaco have lately taken a ship bound for Naples, having in her above two thousand quarters of Corn, besides other goods; and that they chased another a whole day, but could not by no means take her, being put from it by reason of the soul weather that happened of a sudden.
Our Prince Elector hath received order to quarter some Regiments of the Swedish Army, in the circles of the Rhine, and of Westphalia, which is no small grief to the inhabitants; who being sensible of the miseries which the late wars have brought upon them, in the quartering of souldiers, and monethly taxes, besides extraordinary raising of moneys; whereby they are so impoverished, that they are so far from being in ability to give them entertainment, or to quarter them, as they are scarce able to finde any livelihood for themselves. There was also a motion made to send General Lamboy into Bohemia; but it is thought, that he will not so soon undertake the journey, being our Elector hath an intent to keep here, upon a designe that he hath to be revenged upon those of Lukeland.
The King having taken in his Protection, before the late wars of Germany and &illegible; the Duke of Gelders, who is Earl of Egmont, one that hath been exiled long from his Country, and forced to remain many yeers in London: the &illegible; Christian King hath given him testimonies thereof lately at Munster, where the French &illegible; had a special command to preserve his Rights and Prerogatives; and yet since that time, at Rome, where the French Embassador by his Masters Order, hath stopped the dispatches, and other writings given in that Court, about the Bishoprick of &illegible; in the Low Countries, which is a dependance of the Dutchy of Gelders, given to one by vertue of a &illegible; from the King of Spain, and now is following it, to get an admission for Master &illegible; &illegible; Suffragant of Lukeland, who hath obtained Letters to that &illegible; from the said Duke.
The last week, Cardinall &illegible; our Archbishop caused here to be made &illegible; procession by all the Clergie, as well secular as regular, from the &illegible; Church, to Saint &illegible; del &illegible; to implore Gods assistance against their enemies. The Marquis of &illegible; our Governour is gone from hence &illegible; some Troops of Horse, and marched towards &illegible; &illegible; &illegible; &illegible; between &illegible; and &illegible; and the fourth instant is gone over the &illegible; Adda, so to enter the Country of &illegible; but they have been repulsed by &illegible; French &illegible; that were left to keep those passes; he hath also sent to &illegible; &illegible; Prince &illegible; &illegible; &illegible; with some trained hands, who are to remaint &illegible; still the works that are to be made there be quite finished, and hath sent to &illegible; &illegible; &illegible; the Colonell &illegible; &illegible; towards the &illegible; &illegible; that so they may &illegible; that enemy from turning away the water that &illegible; to &illegible; and so &illegible; &illegible; City.
There is a great number of workmen sent from this Citie, to repaire the late losse happened at &illegible; chiefly about the repairing of the &illegible; of &illegible; &illegible; Tower, and a summe of money being sent from this State there being fore Gentlemen &illegible; to &illegible; it &illegible; The Spanish Party havely sought &illegible; have a summe of moneyes, which they intend to imploy in the raising of some &illegible; Regiments, proffering to give &illegible; and other places neare it for &illegible; but this State doth not intend to advance any more moneys, till they see &illegible; play &illegible; they have had formerly, being this many moneths in expectation from &illegible; for the ratification of the sale formerly made of &illegible; &illegible; and all that be finished, nothing is to be done concerning new businesse. We &illegible; from &illegible; that the &illegible; of &illegible; is still kept prisoner so close, that &illegible; is suffered either to soe him, or speake with him, but in the prefence of his &illegible;.
The &illegible; &illegible; is gone from hence to &illegible; where her husband doth &illegible; is chiefe for the Spanish party; and the Marquis &illegible; is returned againe to Naples. We heare from Naples, that the inhabitants of Saint &illegible; neare unto &illegible; are still in Armes, being resolved to oppose the proceedings of the Marquis of &illegible; their Lord, having &illegible; some of his Officers, the like hath been done by the inhabitants of &illegible; having lately slaine a Commissary sent her by the Spaniards.
Sir, Here is very great posting to and again from London to &illegible; &illegible; day &illegible; servant to the Duke is &illegible; towards Scotland; he came from thence, and went &illegible; London not above three works or a moneth since: He saith he &illegible; no Letters, and &illegible; he &illegible; them not &illegible; he is esteemed as cunning a Scot, as &illegible; of &illegible; many, and &illegible; party &illegible; &illegible; as I yet &illegible; I have not yet heard what is done &illegible; the Parliaments &illegible; onely that &illegible; and some other Lords are confined to their Houses, and Chancellor &illegible; &illegible; President, I am yours.
The Ordinance forsetling and regulating the Affairs of the Navy, was read the first time and committed for something to be added thereunto: As for taking away and making voyd all &illegible; Offices and Fees from Merchants, which will he much case to the Merchants, who &illegible; was forced to run to several impertinent Offices for payment of Fees, before &illegible; Goods could be Landed. The &illegible; man that &illegible; the Warrant on Master &illegible; to the him into custody, reported to the House his Answer, viz. That he was &illegible; &illegible; by some Members of the Army, &illegible; no perform his duty in Parliament, and since hath &illegible; secured by them; and ill &illegible; &illegible; was takes off, he could not submit to the Warrant, to be taken into the Serjeants custody. The House being upon other businesses of &illegible; concernment, thought it below themselves, to take further notice of such as considerable person; but inclined rather to hear the Armies Answer, concerning the secluded Members; which they voted satisfactory, as to the substance thereof, naming a Committes to consider what might be done further in relation thereunto.
The Common Councel of the City &illegible; till three of the clock this morning, concerning the collecting the &illegible; of the City, and other thing of importance.
The Lords met this day in Court, and adjourned till tomorrow morning.
Some of the most sidged Presbyterian Ministers desired (in respect some Officers of the Army, had formerly desired a meeting with them, to dispute the Legality of their present proceedings, and having falled the said Officers at that time) that his Excellency would be pleased to give Order for some Officers, to &illegible; them a meeting this Afternoon, at three of the clock at his Excellencies own house; which granted, they met accordingly, none being admitted to come into the Room, but such as were appointed to dispute the business. Some general Arguments were then infisted on for about two or three hours. The Officers of the Army &illegible; for particulars to be insisted on, to the end they might come to the depth of the &illegible; &illegible; a &illegible; fat is faction therein: the Ministers desired another time for &illegible; &illegible; which &illegible; granted accordingly. The Officers desiring a day weekly to argue particulars &illegible; them.
Upon the Petition of the &illegible; for sale of Bishop Lands, the House Voted, That a &illegible; &illegible; past under the Great Seal, for Confirmation of all the Purchases made thereof, &illegible; &illegible; all Officers acting therein.
They Voted, &illegible; &illegible; and Chapters Lands should be put to sale for the advance of a speedy &illegible; of &illegible; 200000 l. to be advanced out of the same, for present and urgent &illegible; of the Navy &illegible; and 100000 l. more for other great &illegible; of the Nation. And because the Ministry should not be too much offended herein; they ordered, that a Committee should be appointed, to consider how the Ministry of the Kingdom, may be provided &illegible; in some &illegible; ways.
The &illegible; to the Ordinance for regulating the Affairs of the Navy, and taking off some &illegible; Fees from &illegible; were reported and assented unto; and this Act was ordered to be ingrossed in Parliament, but no Lords concurrence to be &illegible; thereunto, and its conceived will never be again to any other.
The House had Information, that five ships were sent from &illegible; northwards, and &illegible; the Parliament ships had taken one of them, their designe not known, but something thereof apprehended. Ordered, That the Committee of the Navy should consider &illegible; the Lord Admiral, if he was in Town (which was welknown he then was not) of sending shipping forthwith northwardly, and others towards &illegible; They vote Sir George &illegible; should be desired, for this one time, to go with Captain &illegible; in this expedition. &illegible; the Warwick Frigot should be imployed in this Expedition, notwithstanding all particular pretences to her by any persons whatsoever. That Captain &illegible; men, that are &illegible; in, should have two months pay.
&illegible; Ian. 13. Maior General Lambert &illegible; returned hither from the disbanding of two Militia Regiments of horse, and is now again gone to the disbanding of Col. &illegible; and the foot Regiments lately before Scarborough, wherein it is hoped, there will not be much difficulty, unlesse want of money retard the work: He is very active and painful &illegible; these publick services, and if affairs succeed well in the South, these miserable destroyed &illegible; and the whole Kingdom will reap the fruit thereof. This Enemy is yet resolute, and keeps us upon hard duty; but I hope in a short time, he will appear but fool-hardy. Our &illegible; and Morter-peeces, together with the Ammunition, is now come into this Town, and they will play very shortly: They now and then drop away out of the Castle, but are still very active with their great and small shot, to prevent our work.
A Declaration was read at the Councel of the Army at Whitehal, to be presented &illegible; the Agreement, to the House, after subscribed; and another Declaration to be published to the Kingdom with the said Agreement to this purpose, viz. That having since &illegible; end of the last War, waited for a settlement of the Peace and Government of the Nation. And having not found any such essayed, or endevored by those, whose proper work &illegible; their many Addresses and others in that behalf, rejected and opposed, and onely &illegible; &illegible; closure endevored with the King on terms, serving onely to His interest, and theirs that promoted. And being thereupon for the avoidance of the evil thereof, and to make a &illegible; for a better settlement, necessitated to take extraordinary ways of Remedy, (when the ordinary were denyed) now to exhibit our utmost endevor for such a settlement; whereupon they may with comfort disband, and return to their Homes and Callings and that all Jealousies may be removed, to oppress or domineer over the people by the Sword; and that all may understand the Grounds of Peace, and Government. They have at last (through Gods blessing) finished the Draught of such a Settlement in the nature of an &illegible; of the people, for Peace amongst themselves: It containing the best and most hopeful Foundations for the Peace and future Wel-Government of this Nation, that they can possibly devise. And they appeal to the Consciences of all that reade it, to witness, Whether they have therein provided, or propounded any thing of advantage to themselves, in any capacity above others, or ought; but what is good for one, as for another. Not doubting those worthy &illegible; of Parliament will give their seal of Approbation thereto, and all good people with them. But if God shall (in his Righteous Judgments to this Nation) suffer the people to be so blinded, as not to see their own common good and freedom endevored to be provided for therein, or any to be so deluded with their own, and the &illegible; prejudice) as to make opposition thereto; whereby, though the effect of it be &illegible; they have yet by the preparation, and tender thereof, discharged their Consciences to God, and duty to their Native Countrey, in their utmost endevors for a settlement unto a just, publike Interest; and hope they shall be acquitted before God and good men, from the blame of any further troubles, distractions, and miseries to the Kingdom, which may arise through the neglect, or rejection thereof.
London Ian. 15. Sir, As God is the preventer of all wicked Designs, so doubtlesse he will, as he hath hither to done, &illegible; all the &illegible; of those that do oppose the Peace, and settlement of this Nation. We finde here that the secluded Members, and violent Presbyters that seek the blood of Gods people, and the diversion of all honest endeavors to establish a true peace, and Religion (indeed) in this Nation, have their private &illegible; daily, how they may divert, justice (contrary to all the desires of the several Regiments, and Garrisons and all the honest party in the Kingdom) to be executed upon his Maiesty (And for this purpose &illegible; &illegible; &illegible; and others of that sect, gave out in their Pulpits this last Lords day, that they desired that the King might be Convicted and Condemned, but not Executed, (a fair pretence, and &illegible; Gloss to obstruct the intentions of all Gods people, and the whole Army, for Justice upon his Majesty) This design thus laid by the secluded Members, and regid Presbyterian Ministers; a desire in &illegible; thereof must come this day from the King, that Mr. &illegible; Mr. Tho. &illegible; and Mr. &illegible; may attend him, for satisfaction of his Conscience &illegible; well hoping upon a favorable report from them thereof) (who I doubt not will be faithful herein) that he may give an opportunity and ground for some men to work thereupon for saving his life; but unlesse it can be proved, that no man ought to suffer for Criminal offences in the time of the Gospel, (as some do, under pretence we are all sinners) not regarding all the blood shed in the three Nations, (and many of them most precious Saints,) breach of Trust, Perjury, and the ruine of three Nation. I cannot joyn with, and till that be proved, I protest against that odious, destructive, and abominable judgement, and desire the great promoters of this &illegible; design, to explain themselves herein by my next, hoping to give them such Arguments to the contrary, that shall give all &illegible; men satisfaction (unlesse wilfully or &illegible; blinded) to the contrary; but if the Army, Garrisons, and wel, affected in the Kingdom do not adhere to their former Declarations and Petitions concerning Iustice upon this Grand Melefactor. I fear we shall be &illegible; &illegible; our intentions herein.
The now (and never before) Common-Councel of the City of London, to oppose &illegible; wicked designe in the &illegible; thought it necessary, and of necessity to Petition and encourage the Parliament, to prosecute what God hath dictated to them from the desires of all the godly party of the Kingdom, in relation to Justice, and otherwise for peace, or settlement to this Nation: which this day, with a Narration against the now Lord Major, and neutral Aldermen, who would not joyn with them in either, but endevored rather an obstruction of both (by withdrawing from the said Councel at the debate thereof) was presented to the Parliament, who gave them extraordinary thanks for the same; ordering the said Petition or Narrative, and Answer, to be forthwith Printed, referring it to a Committee to consider further of the Lord Major and Aldermens proceedings herein; in which (so loons as reported) some thing further may be done in relation thereunto.
The Declaration concerning the recalling the former Votes, for taking off non-addresses, and for justifying the late and present proceedings of the Parliament, was this day read and affented unto. The House ordered 1000 l. to be forthwith paid out of the Ravenue, for defraying of some incident charges, concerning the Tryal of the King.
Windsor Ian. 25. Sir, The King is seemingly merry for the most part though &illegible; &illegible; of the Parliaments proceedings against him. He asked one that came from London, now &illegible; yong Princesse did as London? He answered, she was very &illegible; the King replyed, and well the &illegible; &illegible; when &illegible; &illegible; what death her old father is comming unto. We finde his discourse of late very &illegible; and talking much of women, which he is sure for the most part to bring in at the end of every subject. One telling him that the parliament intended to proceed in Iustice against him, he answered most simply and &illegible; &illegible; can question me for my life &illegible; The generall Counsell of the Army this my past &illegible; &illegible; &illegible; the House, another to the Kingdom, shewing the grounds of the Agreement, which after past, many Field Officers, and others of the Army signed the same, & Letter was read from Sir Lewis Dives in France, directed to the said Councell, desiring not he might be exchanged for Lieut. Col. Iohn Lilburn (who was taken by pyrates at sea, &illegible; &illegible; was going into the North to settle his 1000 ll. granted him by the parliament for his &illegible;) and cartyed prisoner into France, which is contrary to the Law of Nations having &illegible; wayes acted against that Kingdom, whereby he can be in the capacity of a prisoner, and if they detain him long, the parliament may and ought aswell to selfe their Ambassadour Agent, or other publike person here, or so many of the Kings party, till he be released.
The High Court, concerning the Tryal of the King, heard His Charge read, which &illegible; very long; and therefore ordered a Committee to abbreviate it if they could, and &illegible; the proof upon the matter, of Fact thereof, and to report all on Wednesday near &illegible; of the clock in the morning. They ordered, that the Parliament should be moved to &illegible; the next term for fourteen days longer, in respect of this Tryal. In order whereunto, they are making the Courts of Kings Benck and Chancery into one place of &illegible; for the better accommodation to His Majesty, and the Commissioners.
Since, instant, We have been much troubled with the Inundation of the River of Sein, but not at all affaulted with the Court Forces; who have likewise been so troubled with the said flood, that it hath been impossible to undertake any hostile action. The preparations for the war are continued here in Paris, with great heat, and all the guards are very strict; the &illegible; three times more in all the Suburbs then formerly; namely, in the &illegible; St. &illegible; Last night they made a Talley to meet the bread of &illegible; and another of 500 horse out of the Port St. Jaques, to convey the Provisions that are to come out of Beausse; but they are resolved &illegible; &illegible; out the whole body of the Army, until the waters are decreased, and &illegible; &illegible; in posture to gain a victory; which they doubt not in a short time but &illegible; accomplish. The three Generals that are to command by turns received on Thursday each of them 25000 Crowns. The Parliament taketh more and more the Authority; they passed an Arrest of Junction (all the Chambers being assembled) more firm then ever; which hath been subscribed by the Common Councel of the City, who will prove very honest. The &illegible; of Paris doth freely raise a Regiment of horse and a Regiment of &illegible; under the Command of the Earl of Moor: the Queen Regent and &illegible; are more angry at him, then any other. The advocates of this Parliament have taxed themselves to 50 Crowns each and the Attourneys to 20 Crowns. The Scriveners of Paris offer to advance 30 Millions of &illegible; if the Parliament, and Chamber of Accompts do engage their faith for the same. The Duke of &illegible; is Generall of the horse of &illegible;
London, Printed for R. W.
The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.
From Tuesday January 16. to Tuesday Ianuary 23. 1649.
THe death of the wicked, is safety to the righteous; and that Judg ought to be condemned, that executes not judgment upon the person of the guilty. And though our Laws were formerly like Spiders Webs, to catch the small flies, and let the great ones go; yet shall we now finde that Justice will run down like a mighty stream, and be as impartially executed on him that fits on the Throne, as he on the Dunghil. Upon this score, the great Court-Fly of the Nation, is this week flown from windsor to London, in order to His Tryal in westminster-Hall.
To the Honorable, the Commons of England assembled in Parliament:
The humble Petition of the Commons of the City of London in Common Councel assembled:
Sheweth,
THat seriously weighing those unspeakable coyls, difficulties, dangers, and temptations, in every kinde, wherewith you have been hotly assaulted for many yeers together; by the powerful influence whereof, many great pretenders to the publike interest have been wrought off from the same: And withal, considering that all these, notwithstanding you have stood like a mighty Rock, firm and constant to your Trust; and are now acting after such a Rate as our dead hopes break forth with triumph from their Graves: We cannot but with inlarged hearts bless the God of Heaven for you, and (if it were possible) in the hearing of the whole world, proclaim our thankfulness to you for the same.
And apprehending, That the Non-Execution of Justice, the Intrusting of the Militia, and Navy in the hands of Neutralists, unfaithful, and dis-affected Persons; the great decay of Trade, the protecting of many mens Persons and Estates from the due course of Law, and the unsettled condition of this Nation, are some of the great and principal Evils under which the hearts of thousands of your friends (yea, the whole Land) groan: We humbly pray,
- 1 That as you have begun to advance the Interest of unpartial Justice, so you would vigorously proceed in the Execution thereof, upon all the Grand and Capital Authors, Contrivers of, and Actors in the late Wars against the Parliament and Kingdom, from the highest to the lowest; that the wrath of God may be appeased, good men satisfied, and evil men deterred from adventuring upon the like practises for the future.
- 2 That the Militia, Navy, and all places of Power may be put in the hands of none but such as by a constant and uniform tenor of their words and actions, have approved themselves faithful unto you, and the Just Rights of the Nation.
- 3 That with all convenient speed, you would think upon some effectual course for the recovery, and increasing of the almost lost Trade and Manufacture of this City and Kingdom.
- 4 That no Priviledge whatsoever may exempt any from the Just Satisfaction of their due debts.
- 5 That having by your Votes of the fourth of this instant January, Declared, That the Commons of England in Parliament Assembled, have the supream Power of this Nation; you would (as far as you are able) endevor the setling thereof, upon Foundations of Righteousness and Peace: In the maintenance, and prosecution of which Votes, and of these our just and humble desires, We are resolved to stand by you to the &illegible; of our power, against all opposition whatsoever.
An Act of the Commons of England Assembled in Parliament, for the Adjourning of part of The Term of Hilary, 1648.
THe Commons assembled in Parliament, holding it convenient and necessary, for divers weighty Reasons and occasions, to Adjourn part of the next Term of Hilary; that is to say, From the first Return thereof, called Octabis Hilarii, untill the Return of Crastino Purifications next ensuing: Be it therefore Ordained and Enacted by the Commons assembled in Parl. and by the authority aforesaid, That the said Term of Hilary be adjourned, that is to say, From the return of Octabis Hilarii, unto the said return of Crastino Purificationis: And all and every person or persons which hath cause or Commandment to appeare in any of the Courts at Westminster, in or at the said return of Octabis Hilarii, or in, or at any day or time from and after the said return of Octabis Hilarii, and before the said return of Crastino Purificationis, may tarry at their dwelings, or where their businesse otherwise shall lie, without resorting to any of the said Courts for that cause, before the said return of Crastino Purificationis next comming, and that without danger or forfeiture, penalty or contempt to be in that behalf. And be it also Ordained and Enacted by the authority aforesaid, That writs of Adiournment shall be directed to the Justices of the said Courts, giving them. Authority to adiourn the said Term of Hilary; that is to say, From Octabis Hilarii, untill the said return of Crastino Purificationis, as before is said; And the said Adiournment shall be made in the first day of the said Octabis Hilarii. And be it further Enacted and ordained, That all Matters, Causes and Suits depending in any of the said Courts, shall have continuance, and the parties shall have day from the &illegible; of these presents, unto Crastino Purificationis, as before is said: And the Commissioners of the Great-Seal are required to issue forth &illegible; accordingly. And be it further Ordained, That the Sheriffs of London, and all other Sheriffs of of the several Counties in England and Wales, do forthwith proclaim and publish this act in the chief Market. Towns within their several and respective Counties.
H. Scobel, Cler. Parl. D. Com.
Ordered by the Commons assembled in Parli. that this act he forthwith Printed and Published; And that the Members of this House do take care for speedy sending it down to the Sheriffs of the respective Counties, within the Kingdom of England and Dominion of Wales.
H. Scobel, Cler. Parl. D. Com.
An excellent Petition was presented to his Excellency from the County of &illegible; and because never Printed, take it here at large, with his Excellencies Answer thereunto.
To the Right Honorable his Excellency, Thomas Lord Fairfax, and the General Councel of the Army.
The Humble Petition of the known well affected Inhabitants of the County of Surrey.
Sheweth,
THat the Enemies of this Common-wealth, being (by the blessing of God) upon the endevors of the Army under your Excellencies Command, totally vanquished and subdued, and a fair opportunity thereby offered to settle the &illegible; of this much oppressed, and impoverished Nation, upon Grounds of Freedom and Safety. Your Petitioners well considering the same, and looking upon this Army, as those whom God hath chosen to be Instruments for so good an end; well weighing the miserable consequences that will unavoidably follow, in case you should neglect, or not make a right use of this season and hopeful opportunity Upon consideration hereof, we are encouraged with urgency of Spirit, to importune you, that all private Interests being laid aside, which hath so memorably and lately &illegible; the means of our distractions, you would cordially and industriously set your selves as a means to establish the Government, and remove the griavances of this Nation; and in doing thereof, that you would have a special regard to the Desires in that Petition of the 11 of September; and above all things, avoid the perpetuation of Command, Trust, or Office, in the hand of any person or persons, it having proved by the sad experience of all Ages and Countries, and of our own in particular, the means of Corruption and Tyranny in those that are trusted, and of bondage to the people. Considering likewise, that the &illegible; of the wel-affected people have been very much increased for their affection to you and their Country, in that the power of most Counties hath been placed, and still is in the hands of such as have been most opposite to your proceedings, whereby your friends have been, and are lyable to many affronts and abuses; seeing likewise, that such as have assisted the publike enemy, have justly forfeited, at least for a time, their title to places of Trust and Office: Upon consideration of the premises, it is humbly and earnestly desired.
1. That you would speedily and effectually prosecute the particulars in your Remonstrance, and in the Petition of the 11 of September; and especially, that you would be a means for the chusing a new Representative, in such maner, as it expressed in a Paper, intituled, The Agreement of the people; that so the affairs of this Nation, may be managed by a legal and regular Authority.
2. That you would be very circumspect, in reserving from the power and trust of succeeding Representatives, such particulars as are mentioned in the said Agreement. Chiefly, that we may not be compelled to any thing about Matters of Faith, nor restrained from the Profession thereof in the exercise of Religion, nothing being more neer and dear unto us; by intrenching upon which proceeding, Parliaments have very much violated the Liberties of the People; kept the Nation in ignorance; occasioned frequent Divisions, Wars, and the miserable Consequences thereof: And that all other grievances, as are generally complained of, May either by the Agreement be removed, or proposed therein, to be taken away by the succeeding Representative, in such a maner, as that the people may, as neer as may, be ascertained of their removal.
3. That the Commissioners of the Militia, the Deputy Lieutenants, Sheriffs, Justices of the Peace in this County, and all other places, may be chosen by the wel-affected inhabitants thereof, and that all such as have assisted the King in purse or person, or appeared in the late tumultuous engagement for a personal Treaty, or that have otherwise abetted the same, or that may be charged with any probable suspition of evils to their countrey, may upon a penalty be for a time prohibited from being chusers, and made uncapable of being chosen into any the aforesaid places, or trusts, that so such as have expressed a constant good affection to their Countrey, and hazarded themselves in times of its greatest necessities, may no longer be trampled upon by their haughty and imperious Adversaries: That all dangers of Future insurrections in this County, and elsewhere, may be prevented, and the hands of yours, and this counties friends, strengthened. And that just accounts may be taken of this Counties disbursments, and its real friends distinguishment, from such as under a Cloak thereof, are its secret, and worst of enemies.
Lastly, We humbly desire that your Excellency would make a due construction of what we here present unto you, as proceeding from the integrity of our hearts, and that you would use the most speedy and effectual means for the accomplishment of our Desires: So shall we think our former miseries well recompensed, and daily blesse God for the happy deliverance, which by your means he hath vouchsafed to us: But if you shall now lose this opportunity, which God hath wonderfully put into your hands, and thereby give up this almost ruined Nation, into the hands of its mercilesse enemies. God may shew you, when too late, your fayling, and finish our deliverance some otherway: Therefore we again most humbly and earnestly intreat, That these our Just Desires may be without delay accomplished, that so this poor distempered, oppressed, exhausted, and afflicted Nation may be relieved, and our selves, with all the faithful, engaged to lay our all our endeavors for your assistance.
His Excellencies Speech to the Petitioners, upon the reading of their Petition.
THat be did very much approve of their forwardness therein, and gave the Petitioners hearty thanks for their good affections to the publick; and further said, (or &illegible; effect,) Although God hath no need of the Creature, upon whom we were not &illegible; &illegible; yet every one in their places ought to seek after the good of the publike, as God shall stir them up. And further said, That he doubted not but those which were in Power would indeavor the same.
Hereupon his Excellency reserved it to be considered of by the General Counsel of the Army, and the said Counsel gave Order to Colonel Harrison to return this Answer, to wit, That they had well considered of the Petition, and was required to return the Petitioners hearty thanks from the Lord General, and the General Counsel, and that most of the particulars therein were now in agitation, and the rest should, as conveniently as may be, taken into consideration.
GEntlemen,
Although we doubt not, but that the Court hath always been careful, in all Occurrences, to use their best endevors for the preservation of the State; thereby making manifest their fidelity to their Soveraign. Nevertheless, as the Cardinal Mazarini, who is an utter enemy to the Kingdom, seeketh by all means, yea by an open violence and force of Arms, to oppress the Kings Authority, that of this Court, with the publike Liberty; and this he doth seek to accomplish, having to that effect, caused this City of Paris to be invested, and moreover, to have conveyed the King from thence at two of the clock in the morning. We therefore do give you advice that here inclosed, we send you such Orders from this Court, as are made concerning these present affairs, and particularly touching the aforesaid Cardinal Mazarini; wherein he is proclaimed a disturber of the publike peace, and enemy to the King and Kingdom: And by another Order from this Court, we do forthwith charge and command all forces and souldiers, quartered in any Towns or Boroughs, that they quit all those places upon publication thereof, or in default, and for refusal so to do, give power to the Commons of this Kingdom, to seize upon all those that shall act or do any thing, contrary to the premises, or be abettors, or maintainers, in any wise, of this Cardinal. We do pray you to assist and to ayd this City, with such provisions &illegible; we may stand in need; and with such supplies of men and other warlike necessaries, as we shal have need of; that so this great City being secured, it may prevent the total ruine of this Kingdom, which would thereupon inevitably follow; that so it may be manifest, how careful we are to preserve this City for His Majesties service, who will one day acknowledg us for his good subjects. We are
Dated in Paris, the eighteenth
of January, 1648.
Your good Friends, the men
of the Parliament of Paris.
Signed DV TILLET.
THe Marshal Gassion had to his Father Messire James Gassion, second President in the Parliament of Pau (which now is for the Kingdom of Navarre) who had been before Atturney General in that Parliament: And this President was also son to Messire John, Gassion, who likewise was second President in the said Parliament, having before enjoyed all other Offices in that Court successively; and his vertues and merits were so much esteemed by Henry the fourth, who knew exceeding well the difference between man and man, that the place of President of the Supream Counsel of Bearn, being voyd, and this great Prince upon some weighty considerations did bestow that place upon him, and not onely that, but by reason of his other great employments, he did suffer him to execute the place by a Deputy, and did not prefer any to that place, whereby he might receive prejudice thereby; but he quietly enjoyed it till he dyed, being some fifteen yeers after, in the 90th. yeer of his age. He was a younger brother, issued from one of the Noblest Families in Bearn; he lost one of his brothers at that famous battle &illegible; &illegible; near Paris, and another was Governor of &illegible; in the Province of Britany. But not to make so great a digression, and to come home to our Marshal, whose life being full of glory, needeth not to borrow any from his Predecessors: He had four brothers and two sisters, the eldest of them was married to Mr. d’Espalungue; a Gentleman of great worth; and the younger to Mr. &illegible; who was Governor of &illegible; and Leiutenant of Bayonne, under the Earl of Grammont &illegible; who is brother to the Marshal Grammont.
His brothers are four, and known by these several distinctions: The eldest doth execute the place of President in the said Parliament of Navarre, and Lord cheif Justice, and Government, with the title of Lord Treasurer for the Kings Revenues in Bearn, and Councellor of &illegible; in Ordinary: The second is Mr. de Pont d’ Oly, who liveth in Bearn: The third is Mr. &illegible; who after some &illegible; in the wars was made Colonel of a Regiment of Horse, and since was Field Marshal. This whom we write of, was the fourth, and the youngest, was known by the name of Abbor Gassion, and had the grant from the King, for the Bishoprick of &illegible; in Bearn, and the Abbey of &illegible; in the same Country.
This Birth, joyned with the good opinion generally received of him, chiefly in that empire, his tender age, he was of so lofty a spirit, as that he thought much to yeeld, or give place unto any, adding withal, the care his parents had for his &illegible; being brought up under those that were both capable and diligent to &illegible; him in the learning of Sciences, and other things fit for a Gentleman to &illegible; where he continued till he had attained the age of sixteen yeers, having by that time attained to a sufficient knowledg in Philosophy, and other like Sciences.
Being thus come to this period of life and learning, and being in a fit time as make choice what course of life he would imbrace, weighing on the one side the benefits, profits, and the like, which he might reap by following the study of &illegible; to which course, his parents had intended to bring him up to, and on the other side, the inconveniences which might happen to him, cheifly in that he saw the place of President was already postest by his eldest brother, thinking no place that was left which might be fit for him, he took a resolution to follow Martiall Imployments, which he easily obtained from his father, who rejoyced that some of his family should again follow that employment, which they had left formerly, to follow that law, seeing the head of their family was deceased, without male heires.
France being at that time in a quiet state, as also the neighbouring Countryes, Italie only excepted, therefore he went thither to serve the Duke of Savoy, but some differences happening between Lewis the thirteenth, and the said Duke, and the King having made an Expresse Command to all his subjects, to forsake their service, and so to returne home, by reason the said Duke did side with the house of Austria, thereupon he came into France, with &illegible; de Monster with whom he had served in those warres, and being come to the passe of &illegible; he was known among many others, to be a most couragious and vallant Gent. and though all this while he was but an ordinary Trooper, yet at last he had the place of a Corner bestowed upon him, in the Company of Captain Philips, who served in the French Army: whereupon an accomodation being made between his Majesty and the Duke of Savoy, and by that meanes those forces being to be disbanded this brave spirit, who could not remaine idle at home, did no sooner heare of the brave exploits, and great &illegible; performed by the King of Sweden, since his breaking into Germany, which was at that time the only seat of warre, that thereupon he prevailed so much with those of his Troop, that he &illegible; some twenty to goe along with him in to Germany.
Where he was no sooner come, but very fortunately he came to speake with the King of Sweden, who happened to be very near unto the place of his landing; the King being within a small distance from thence, having saluted the King, and done all things fit for a Gentleman to do, the King demanded of him in the latine tongue, which was frequent to him, as also our Gassion had not forgotten it having moreover learned the high and low Dutch tongues, together with the Spanish and Italian, so that he was soone received into the Kings favour; who was by nature of a meek and gentle disposition, ready to cherish and imbrace those whom he thought worthy of it, so that a great deale of discourse passed between them, most of it being about the affaires of France. One day among all the rest, the King demanded of him whether or no he could raise him a Troop of horse in France, to be imployed for his service which was accepted by Gassion straight wayes, and promised the King with all speed to see the same executed, and there being a French Gentleman in those parts, who promised to advance the moneys for setting out the Troop, he took that proffer, and with all speed that could be, cometh to Paris, where in six dayes he had his Troop raised, consisting of fourescore and ten men, all able lusty men, and fit for service, which he carried with him into Germany, having in his way to Hamburgh found some horses for to mount his men, according to the K. speciall command to that purpose, and a summe of money also, wherewith he repaid the money unto him that had advanced it for defraying of his men, and besides, for an acknowledgment, made him his Lieutenant.
Doe not here wonder, if a man who can use such diligence, which is a principal secret in warres hath in so short a time raised his fortunes to that height as now it is: No Reader, the diligence is that stratagem, wherewith the Roman husbandman seemed to transport, and reape the harvest which was, in the fields of his sluggish nighbours, it is that to which nothing is impossible: yet all this is but a beginning, see what followeth: being near the King of Sweden, he was observed to be so carefull, and punctual in putting in execution those Orders which were sent him from time to time, and by his valour and prudence, which were alwaies inseparable, and did never forsake &illegible; only upon occasions, the former seemed to oversway the latter, whereby he grew in great esteeme among the Swedish forces, and there did learne so pefectly the Military discipline (it being then the only schoole to attaine unto it: he was alwaies the first of his Troop on horseback, and his men the first of all the rest: so that the King asking him one day, in what part of his Army he would quarter, and under what Officer he would be, he replyed, and prayed his Majesty that he might be pleased to do him the favour, as that he might not receive any orders, or be commanded by any but his Maiesty only, which thing the King liked so well, that he granted him his request, upon that condition, that he, with his Troop should alwaies march in the head of his Army, and would be as a for &illegible; hope unto the army, the King in person going often with them, and took so good liking upon our new Captaine, that some six moneths after he made him a Colonel of a Regiment of horse, consisting of tight compleat Troops of horse, and with them he performed gallant service in the Swedish army, being present at many leaguers, pitched battles, skirmishes and encounters with the enemy, having alwayes the honour to have contributed much to the continuation of the Kings victories, and good successe he hath had in those warres.
In all which Actions he was in great danger of his life, his body being still exposed to infinite perils, and so much the rather, by reason that he being a Protestant, did really believe Predestination, being brought up from his youth in the profession of that Religion, there being a great number in Bearn, where he was born, he often repeating this sentence. All is gain unto me, whether life or death, provided it be in doing service unto God and the King. In severall sights and skirmishes &illegible; received many wounds, and among others, that Pistol-shot made at him, being but a little distant, which wounded him sore in the right slanck, of which wound being miraculously healed, and having escaped death, many like things having hapned him often, during his life; this wound, although throughly cured, yet hath opened many times since, which sometimes was a means to do him much good, preserving him from falling into sicknesse, and at other times, hath brought him into an extream danger, being even at the point of death.
He continued in the wars of Germany in the quality of a Colonel, till after that bloody day of the great battle of &illegible; where the King of Sweden did triumph on his Enemies in his death, and after he was dead; and so after his decease he &illegible; from thence with the Duke of Saxon Weymar, whom he accompanied into France, having the Command of his Regiment, which he brought with him, and had that advantage given him over all the rest of the French Forces that were then on foot; that he had the same pay as had the Colonels of Forraign Nations, which none other French Colonel had, and also had Authority to execute martial Law among the souldiers in his Regiment, without any other Judge to intermeddle therewith, and further, to confer, and give places when any were voyd, without any further Addresses to others besides himself, which thing be hath alwayes performed with great discretion and prudence, although his Regiment increasing daily, came in the end to be no lesse then eighteen hundred horse, divided in twenty companies, which made him a considerable strength; for most of the strangers that &illegible; into France to seek imployment did desire to be under him; he being so exact, and so just in bestowing of places, that thereby he procured himself the Love of all his souldiers from the highest to the lowest; He was also a strict observator of the Military discipline he had learned when he served under the King of Sweden, therefore he kept still the name of Colonel, although at that time it was only given to the Auxiliary forces that then served in France.
From that time forward, Colonel Gassion was ever in some worthy action, or design, no matter of moment passing, but he would be a &illegible; therein and every where something was said of Colonel Gassion. Being parted from the Duke of Saxon Weymar, he took service under the Marshal &illegible; la Force, who was at that time with an Army in Lottain; this was in the year 1635.
Tuesday 16. The Commons past an Act for adjourning the Term for 14 days: Another for regulating of Fees in the Navy and Custom-house, and displacing dis-affected Officers in both. They laid aside the Letter from the Scots Commissioners, because not desired by them to be communicated to the House of Commons (as usually in all former).
Wednesday 17. They referred it to &illegible; house Committee, to bring in the names to be Commissioners for Scotland. They gave thanks to the Petitioners of &illegible; &illegible; Poor, Hurst Weymouth, and &illegible; and referred their Petition.
Thursday 18. The Commons Vote to send no Answer to the Lords Message, this day sent from them, &illegible; &illegible; the Term, by their Messengers; and that the three Declaratory Votes &illegible; the power to be in the people, should not be sent to their Lordships for concurrence, but be Acts of the Commons.
Friday 19. An Ordinance was read the first time, for Delinquents to pay in the second part of their Compotition money. Sir Walter Erles placed referred.
Saturday 20. One of the Members that were to be secluded, sat this day again in the house, but I conceive it Vane to particularize him at this time. The Officers of the Army &illegible; the Agreement, and a Petition this day to the House, who gave them, his Excellency, and the whole Army hearty thanks, for all their unparalel’d services; and referred the Agreement to a Committee. They past an Act to authorize any fix of the honest Militia of London (if the Lord Major deny) to call a Common-Councel, and any fourty of them to Act without him. Impower the Commons Commissioners of the Seal, to seal Writs for adjourning the Term though the Lords joyn not therein. Name Doctor Juxon, late Bishop of London (according to His Majesties desire to Master Peters) to preach to His Majesty.
And because I see some imperfect Printed Copies of the proceedings of the Court Marshal this day come forth, to deceive the people; I have here inserted all the whole passages of that days proceedings more fully, as then delivered by the King, President, and Solicitor General.
At the High Court of Justice sitting in the great Hall of Westminster, Serjeant &illegible; President, about 70 Members present O yes made thrice, silence commanded. The President had the Sword and Mace carried before him, attended with Colonel Fox, and twenty other Officers and Gentlemen with Partizans. The Act of the Commons in Parliament for tryal of the King, read. After the Court was called, and each Member rising up, as he was called. The King came into the Court (with His hat on) and the Commissioners with theirs on also; no congratulation or motion of hats at all. The Serjeant ushered Him in with the Mace, Colonel Hacker and about 30 Officers and Gentlemen more came as His guard; the President then spake in these words, viz.
The Commons of England assembled in Parliaments being sensible of the great calamities that have been brought upon this Nation, of the innocent blood that hath been shed in this Nation, which is referred to You, as the Author of it; and according to that duty which they owe to God to the Nation, and themselves, and according to that Fundamental power and trust that is reposed in them by the people, Have constituted this High Court of Justice, before which You are now brought; and You are to hear the Charge; upon which the Court will proceed.
My Lord, in behalf of the Commons of England, and of all the people thereof: I do accuse Charls Stewart, here present, of High Treason, and High &illegible; and I do in the name of the Commons of England, desire that the Charge may be read unto Him.
Hold a little, tapping the Solicitor General twice on the shoulder with his Cane, which drawing towards Him again, the head thereon fell off. He stooping for it, put it presently into His pocket. This is conceived will be very ominous.
Sir, the Court commands the Charge to be read; if You have any thing &illegible; say after, You may be heard.
The Charge was &illegible;
The King smiled often, during the time, especially at those words therein, viz. The Charls Stewart was a Tyrant, Traytor, Murtherer, and publike Enemy of the Common-wealth.
Sir, You have now heard Your Charge read, containing such Matter as appears in it: You finde that in the close of it, it is prayed to the Court in the behalf of all the Commons of England, that You Answer to Your Charge. The Court expects Your Answer.
I would know by what power I am called hither. I was not long ago in the &illegible; of Wight; how I came hither, is a larger story then I think is fit at this time for me to speak of: But there I entered into a Treary with the two Houses of Parliament, with as much publike Faith as is possibly to be had of any people in the World. I treated there with a number of Honorable Lords and Gentlemen, and treated honestly and uprightly. I cannot say, but they did deal very nobly with Me: We were upon a Conclusion of a Treaty. Now I would know by what Authority, I mean lawful; there are many unlawful Authorities in the world, Theeves and Robbers by the High-ways: But I would know by what Authority I was brought from thence, and carried from place to place; and &illegible; I know by what lawful Authority, I shall Answer.
Remember, I am your King, your lawful King: and what sin you bring upon your heads, and the judgments of God upon this Land, think well upon it; I say think well upon it before you go further, from one sin, to a greater: Therefore let me know by what lawful Authority I am seated here, and I shall not be unwilling to Answer; in the mean time, I shall not betray my Trust. I have a Trust committed to Me by God, by old and lawful discent. I will not betray it, to Answer to a new and unlawful Authority; therefore resolve Me that, and you shall hear more of Me.
If You had been pleased to have observed, what was hinted to You by the Court, at our first coming hither, You would have known by what Authority; which Authority requires You in the name of the people of England, of which You are elected King, to Answer them.
No sir, I deny that.
If You acknowledg not the Authority of the Court, they must proceed.
I do tell you so, England was never an Elective Kingdom, but an Hereditary Kingdom, for neer a 1000 yeers; therefore let Me know by what Authority I am called hither. I do stand more for the Liberty of My people, then any here that come to be My &illegible; Judges; and therefore let me know, by what lawful Authority I am seated here, and I will answer it, otherwise I will not answer it.
told Him, He did interogate the Court, which be seemed not One in His condition; and it was known how He had managed His Trust.
Here is a Gentleman, Lieutenant Colonel Cobbet, ask him, if he did not bring Me from the Isle of Wight by force. I do not come here, as submitting to the Court, I will stand as much for the Priviledg of the House of Commons, rightly understood, as any man here whatsoever. I see no House of Lords here that may Constitute a Parliament, and (the bring to) should have been. Is this the bringing of the King to His Parliament? Is this a bringing an end to the Treaty, in the Publike Faith of the World? Let Me see a legal Authority warranted, either by the Word of God, the Scripture, or warranted by the Constitution of the Kingdom, and I will Answer.
Sir, You have provided a Question, and have been Answered: Since You will not Answer, the Court will proceed; and those that brought You hither, take charge of Him. The Court desires to know, If this be all the Answer You will give.
I desire, that you would give Me, and all the world, satisfaction in this: For let Me tell you, it is not a slight thing you are about. I am sworn to keep the Peace, by the duty I owe to God, and My Country; and I will do it, to the last breath of My body: And therefore, you shall do well to satisfie, first God, and then the Country, by what Authority you do it; if by a reserved Authority, you cannot Answer it. There is a God in Heaven that will call you, and all that give you Power, to an account Satisfie Me in that, and I will Answer; otherwise, I betray My Trust, and the Liberties of the People: And therefore think of that, and then I shall be willing. For I do vow. That it is as great a sin to withstand lawful Authority, as it is to submit to a tyrannical, or any otherways unlawful Authority: And therefore satisfie Me that, and you shall receive My Answer.
The Court expects a final Answer, they are to adjourn till Munday. If You satisfie not Your Self, though we tell You our Authority; we are satisfied with out Authority, and it is upon Gods Authority, and the Kingdoms; and that Peace You speak of, will be kept in the doing of Justice; and that is our present work.
For Answer, let Me tell you, you have shown no lawful Authority to satisfie any reasonable man.
This is in Your apprehension, we are satisfied that are the Judges.
It is not My apprehension, nor yours neither, that ought to decide it.
The Court hath heard You, and You are to be disposed of as they have commanded.
The Court adjourned till Munday ten of clock, to the Painted Chamber, and thence hither.
As the King went away, facing the Court, the King said, I fear not that, looking upon, and meaning the Sword.
Going down from the Court, the people cryed, Justice, Justice, Justice.
Jan. 21. The Commissioners kept a Fast this day in Whitehal, there preached before them, Mr. Sprig, whose Text was, He that sheds blood, by man shall his blood be shed. Mr. &illegible; was, Judg not, left you be judged. And Mr. Peters was, I will &illegible; their Kings in &illegible; and their Nobles in &illegible; of iron. The last Sermon made amends for the two former.
Munday 22. After the King was brought into the Court, about 80 Commissioners being sat, Mr. Cook the Solicitor General, address himself to the Lord President.
May it please your Lordship, I did at the last Court, in the name of the Commons of England, exhibite and bring into this Court, a Charge of High Treason against the Prisoner at the Bar, in the name of the Commons of England; the Charge was read to Him, and His Answer required. My Lord, He was not then pleased to give an Answer; but instead of answering thereof, disputed the Authority of this High Court. My humble motion is, That the Prisoner may be directed to make a positive Answer, by Confession, or Negation; which if He do refuse to do, the matter of Charge is to be taken pro confesso, and He proceeded against accordingly.
You was told the occasion of Your coming hither: You heard likewise, that You were in the name of the Commons of England, to give Answer to the said Charge; that thereupon, such proceedings may be had according to Reason and Justice, You then made some scruples, concerning the Authority of this Court, and knew not by what Authority You came hither. You propounded Your Questions, and was as often answered; since that, the Court hath considered thereof, and are fully satisfied with their own Authority, and did require, That You should Answer, and that You either confess, or deny it: Their Authority, they will maintain it, and the whole Kingdom will be satisfied with it; and You are not to lose more time, but to give a positive Answer to it.
My Lord, when I was here last, I made that question, and truly if it was my own particular case, I should have satisfied my self all that time, but it is not my case &illegible; &illegible; people of England, and their freedoms and liberties being included therein, pretend &illegible; you will; for if power without Laws may make Laws, the fundamentall Laws of this Kingdom may be soon altered, and I know not what Subject of England can enjoy his own by law and right, therefore I cannot answer at this time, without satisfaction of the legality of this Court.
Sir, I must interrupt you, which I would not do, but, that what you do, is not agreeable to the proceedings of any Court of justice, seeing you question the legality of the proceedings of this Court, though you be charged as a high delinquent; if you take upon you to dispute the authority of the Court, we may not do it, nor will any Court give way unto it, you are to submit unto it, you are to give a punctuall answer, what you will do, whether you will answer, or no.
Sir, by your favour, I do not understand your terms of Law, though I understand as much Law as any Gentleman in England, and if I should impose a belief without reason, it were unreasenable; but I must tell you, that that reason that I have, as thus informed I cannot yield unto it.
Sir, I must again interrupt you, you may not be permitted, you speak of Law and Reason, and there is both law and Reason against you; and the Votes of the Commons of England are the Law and Reason of the Nation, and according to which you should have ruled and raigned.
The Lord President pressing His Majesty for a positive Answer. He evaded it; at which, the Lord President commanded the Serjeant at Arms, to take away the Prisoner, adjourning the Court till to morrow.
I should have given you all the proceedings at large, but had not room to insert it.
The Commissioners after the rising of the Court, adjourned to the Painted Chamber, where they sat in Councel some hours, and appointed a Committee to meet at eight of clock to morrow morning, at Sir Abesham Williams house, to consider what may be sit to do further in relation to this Negative Answer of the Prisoner.
Pontesract Ian 20 By this Post is sent to his Excellency and General Counsel, a Letter, Congratulating their happy proceedings, wherein was likewise the Concurrence of the Officers of the Militia Regiments at this Leaguer, who (I believe) will shortly make a fuller manifestation of their Concurrence with the rest of the Army in this great and necessary work of the Kingdom. The Major Gen. is still upon disbanding the Forces late before Scarborough and not returned hither. We are with our approaches come very neer the wais of the Castle, so that the enemy do prejudice us with stones, and now and then kils us a man, few recover that are wounded.
Sir,
The multiplicity of Cavaliers in this place, gives us much cause of Jealousie and fear to the Wel-Affected, and the rather, because no course is taken for their apprehension, or withdrawing hence. The fair is the next week: two hundred Venetian souldiers quarter by us; the Officers are so moved to the head quarters, the garrison out of order, and what their rage may attempt, who knows; Col. &illegible; hath sent over one from Ireland, who is come to St. &illegible; to view the Country, what forces are in it, and where is must conveniency of landing, which they will attempt upon his return. We expected the Regiment designed for this place; if we be not circumspect in this juncture of time, we may be snaps.
Westminster Ian. 22. The Parliament received this day an angry and brid &illegible; from the Scots Commissioners, and being rightly directed, was read. They finde themselves much &illegible; in Trying their &illegible; for high Treason, and &illegible; and some &illegible; and &illegible; expressions dropt from &illegible; &illegible; the &illegible; A Committee (upon Debace thereof) was appointed to draw upon Answer to the &illegible; Message, who will give them as civil and High an Answer, as their Address was Bold, Insolent, and &illegible;
London, Printed for R. W.
The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.
From Tuesday January 23. to Tuesday January 30. 1649.
THe Blood of the Innocent, cryes for the Blood of the Nocent, and Justice now giving attension, pronounces Sentence answerable to the Treason, God being no respecter of persons: The Law likewise admits of no Exceptions; which if It should, yet ought not to be obeyed, as partial and unjust. Upon this ground, certain Images of Judges in Athens were erected, and pourtrayed, without hands or eyes; intimating, That Justice should be neither corrupted with Bribes, nor partial in Sentence to any Personage, of what quality soever. This made Augustine to say. That Kings were in accusation the worst of Creatures, because they once had power to do more good then any, and perchance all others: Notwithstanding, we now see Fools weep, when Traytors are condemned, as pittying the fall of Honor: But I say, Let the High Praises of God be in the Mouth of all his Saints, and a two-edged Sword in their hand, to execute vengeance upon the Heathen, and punishments upon the People. To binds their Kings with chains, and their Novles with setters of iron, and to execute upon them the judgments written; For this honor have all the Saints.
A Warrant was concluded on by the Army, to be sent to all the Regiments thereof, which take at large.
YOur are upon sight hereof, to give strict Command to the severall Companies of your Regiment, in, or about London, That the Officers do keep close to their Charges, and the Souldiers to their Duties respectively; And that none of the Officers, or Souldiers, do come to Westminster Hall, or any the Courts adjoyning thereto, until the Tryal of the King be fully finished, save at, and for such time as they shall by Order be upon duty there, under pain, That every Officer so offending, contrary hereunto, shall lose his place; and every Souldier so offending, shall be otherwise severely punished by a Councel of War. And every Officer in his place, is carefully to see to the observance hereof, as he will answer the neglect at his peril. Notwithstanding any thing in the late Orders, for the putting out of new men entertained, since their coming to London; you may retain so many of them, as to make up your Regiment to the establishment (viz. 800. men, besides Officers) if it were not so many at your coming to the Town.
Given under my hand and Seal in Queen-street, the 21 day of January. 1648.
T. Fairfax.
The like Order to all the several Regiments of Horse and Foot.
Reader, not having room in the last to give thee all the proceedings of the High Court of Justice, take them as followeth.
I do not know how a King can be a Delinquent by any Law that &illegible; I heard of, all men (Delinquents, or what you will,) let me tell you, they may &illegible; in demurrers against any proceeding as legal; and I do demand that, and demand to be heard with my Reasons; if you deny that, you deny Reason.
Sir, you have offered something to the Court, I shall speak something unto You, the sence of the Court. Sir, neither You nor any man &illegible; permitted to dispute that point, You are concluded; You may not demur the Iurisdiction of the Court, if You do, I must let You know, That they over-rule Your Demurrer; they sit here by the Authority of the Commons of England, and all Your Predecessors, and You are responsible to them.
I deny that, shew me one president.
Sir, You ought not to interrupt while the Court is speaking to You. This point is not to be debated by You, neither will the Court permit You to do it, if you offer it by way of Demurrer to the jurisdiction of the Court; they have considered of their Jurisdiction, they do affirm their own jurisdiction.
I say Sir, by your favor, that the Commons of England was never a Court of Judicature, I would know how they came to be so.
Sir, You are not to be permitted to go on in that Speech, and these Discourses.
Then the Clerk of the Court read as followeth.
Charls Stuart, King of England, You have been accused on the behalf of the &illegible; of England, of High Treason, and other High &illegible; the Court have determined &illegible; You ought to answer the same.
I will answer the same so soon as I know by what authority you do this.
If this be all that You will say, then &illegible; you that brought the prisoner hither, take charge of Him back again.
I do require, that I may give in my Reasons, why I do not answer, and give me time for that.
Sir, ’Tis not for prisoners to require.
Prisoners? Sir, I am not an ordinary prisoner.
The Court hath considered of their jurisdiction, and they have already affirmed their jurisdiction; if You will not answer, we shall give order to record Your default.
You never heard my Reason yet.
Sir, Your Reasons are not to be heard against the highest Jurisdiction.
Shew me that Jurisdiction, where Reason is not to be heard.
Sir, We shew it You here, the Commons of England; and the next time You are brought, You will know more of the pleasure of the Court; and it may be, their final determination.
Shew me where ever the House of Commons was a Court of Judicature of that kinde.
Sergeant, Take away the prisoner.
Well Sir, Remember that the King is not suffered to give in His Reasons for the Liberty and Freedom of all His Subjects.
Sir, You are not to have liberty to use this language: How great a friend You have been to the Laws and Liberties of the people, let all England, and the world judg.
Sir, under favor, it was the Liberty, Freedom, and Laws of the Subject that ever I took——defended my Self with Arms. I never took up Arms against the People, but for the Laws.
The Command of the Court must be obeyed; no answer will be given to the Charge.
Well Sir.
And so was guarded forth to Sir Robert Cottons house.
Then the Court adjourned to the Painted Chamber on Tuesday at twelve a clock, and from thence they intend to adjourn to Westminster Hall; at which time, all persons concerned, are to give their attendance.
O Yes made. Silence Commanded. The Court called. Seventy three persons present.
The King comes in with His Guard, looks with an austeer countenance upon the Court, and sits down.
The second O Yes made, and silence Commanded.
Mr. Cook Solicitor General. May it please your Lordship, my Lord President.
This is now the third time, that by the great grace and favor of this High Corut, the prisoner hath been brought to the Bar, before any issue joyned in the Cause. My Lord, I did at the first Court exhibit a Charge against Him, containing the Highest Treason that ever was wrought upon the Theatre of England, That a King of England, Trusted to keep the Law, that had taken an Oath so to do, that had Tribute paid Him for that end, should be guilty of a wicked Design, Subvert and destroy our Laws, and introduce an Arbitrary and Tyrannical Government in the defence of the Parliament and their Authority, set up his Standard for VVar against his Parliament and people; and I did humbly pray, in the behalf of the people of England, that he might speedily be required to make an Answer to the Charge.
But my Lord, instead of making any Answer, He did then dispute the Authority of this High Court; your Lordship was pleased to give him a further day to consider, and to put in your Answer, which day being yesterday, I did humbly move, that he might be required to give a direct and positive Answer, either by denying, or confession of it; but (my Lord) He was then pleased to demur, to the Jurisdiction of the Court, which the Court did then over-rule, and Command him to give a direct and positive Answer. My Lord besides this great delay of Justice, I shall now humbly move your Lordship for speedy Judgment against him. My Lord, I might presse your Lordship upon the whole, that according to the known Rules of the Law of the Land, That if a prisoner shall stand as contumacious in contempt, and shall not put in an issuable plea, guilty or not guilty of the Charge given against him, whereby he may come to a fair Trial; That as by an implicite Confession, it may be taken pro confesso, as it hath been done to those, who have deserved more favor then the prisoner at the Bar hath: But besides, my Lord, I shall humbly press your Lordship upon the whole Fact: The House of Commons, the supream Authority and Jurisdiction of the Kingdom, they have declared that it is notorious, That the matter of the Charge is true, as it is in truth (my Lord) as clear as chrystal, and as the Sun that shines at noon day, which if your Lordship and the Court be not satisfied in, I have notwithstanding, on the people of Englands behalf several witnesses to produce; and therefore I do humbly pray, and yet I must confess it is not so much I, as the innocent blood that hath been shed, the cry whereof is very great for Justice and Judgment; and therefore I do humbly pray, that speedy Judgement be pronounced against the prisoner at the Bar.
Lord President, Sir, You have heard what is moved by the Councel on the behalf of the Kingdom against you. Sir, you may well remember, and if you do not, the Court cannot forget what delaroty dealings the Court hath found as your hands; you were pleased to propound some questions, you have had your Resolution upon them. You were told over and over again. That the Court did affirm their own Iurisdiction, that it was not for &illegible; nor any other man, to dispute the Iurisdiction of the supream and highest Authority of England, from which there is no Appeal, and touching which there must be no dispute; yet you did persist in such carriage, as You gave no manner of obedience, nor did You acknowledge any Authority in them, nor the high Court, that constituted this Court of Iustice.
Sir, I must let You know from the Court, that they are very sensible of these delayes of Yours, and that they ought nor, being thus Authorized by the supream Court of England, be thus tristed withal, & that they might in Iustice, if they pleased, and according to the Rules of Iustice, take advantage of these delayes, and proceed to pronounce Iudgement against you, yet neverthelesse, they are pleased to give direction and on their behalfs, I do require you, That You make a positive Answer unto this Charge that is against You Sir, in plain terms, for Iustice knows no respect of persons; You are to give your positive and final Answer in plain English, whether you be guilty or not guilty of these Treasons laid to Your Charge.
The King after a little pause, said,
VVhen I was here yesterday, I did desire to speak for the Liberties of the people of England, I was interrupted: I desire to know yet whether I may speak freely or not?
Lord President. Sir, You have had the Resolution of the Court upon the like Question the last day, and You were told. That having such Charge of so high a nature against You, and Your work was, That you ought to acknowledg the Jurisdiction of the Court, and to answer to Your Charge. Sir, If You answer to Your Charge, which the Court gives You leave now to do, though they might have taken the advantage of Your contempt; yet if You be able to answer to Your Charge, when You have once answered, You shall be heard at large, make the best Defence You can. But Sir, I must let You know from the Court, as their commands, That You are not to be permitted to issue out into any other Discourses, till such time as You have given a positive answer concerning the matter that is charged upon You.
The King. For the Charge, I value it not a rush, it is the Liberty of the People of England that I stand for; for Me to acknowledg a new Court that I never heard of before, I that am Your King, that should be an example to all the people of England, for to uphold Justice, to maintain the old Laws; indeed I do not know how to do it: You spoke very well the first day that I came here. (on Saturday) of the Obligations that I had laid upon Me by God, to the maintenance of the Liberties of my People: the same Obligation You spake of, I do acknowledg to God that I owe to him, and to My people, to defend as much as in &illegible; the ancient Laws of the Kingdom; therefore until that I may know that this is not against the Fundamental Laws of the Kingdom, by your favor, I can put in no particular Charge [This is as the King expressed, but I suppose. He meant Answer.] If you will give Me time, I will shew you My Reasons why I cannot do it, and this——
Here being interrupted, He said,
By your favor, you ought not to interrupt Me: How I came here I know not; there is no Law for it to make your King your Prisoner. I was in a Treaty upon the Publike Faith of the Kingdom, that was the known——two Houses of Parliament, that was the Representative of the Kingdom; and when that I had almost made an end of the &illegible; then I was hurried away, and brought hither, and therefore——————————
Here the Lord President said, Sir, You must know the pleasure of the Court.
By your favor Sir.
Nay Sir, by Your favor, You may not be permitted to fall into those Discourses: You appear as a Delinquent, You have not acknowledged the Authority of the Court, the Court craves it not of You; but once more they command You to give Your positive Answer——— Clark, Do your duty.
Duty Sir! The Clerk reads.
King of England, You are accused in the behalf of the Commons of England of divers High Crimes and Treasons, which Charge hath been read unto Yea the Court now requires You to give Your positive and final answer by way of confession or denied of the Charge.
Sir, I say again to you, so that I might give satisfaction to the People of England, of the cleerness of my proceeding, not by way of answer, not in this way, but to satisfie them that I have done nothing against that Trust that hath been committed to Me, I would do it; but to acknowledg a new Court, against their Priviledges, to alter the Fundamental Laws of the Kingdom, Sir, you must excuse Me.
Sir, this is the third time that You have publikely disowned this Court, and put an affront upon it: how far You have preserved Priviledges of the People, Your actions have spoke it. But truly Sir, mens intentions ought to be known by their actions; You have written Your meaning in bloody Characters throughout the whole Kingdom: But Sir, You understand the pleasure of the Court,—Clerk, Record the default,——and Gentlemen, you that took charge of the Prisoner, take Him back again.
I will onely say this one word more to you, If it were onely my own particular, I would not say any more, nor interrupt you.
Sir, You have heard the pleasure of the Court, and You are (notwithstanding You will not understand it) to finde that You are before a Court of Justice.
Then the King went forth with His Guard, and Proclamation was made, That all persons which had then appeared, and had further to do at the Court, might depart into the Painted Chamber; to which place, the Court did forthwith adjourn, and intended to meet in Westminster Half by ten of the Clock next morning.
God bless the Kingdom of England.
THis day it was expected the High Court of Iustice would have not in Westminster Hall, about ten of the clock; but at the time appointed, one of the Ushers by direction of the Court (then sitting in the Painted Chamber) gave &illegible; to the people there assembled, That in regard the Court was then upon the Examination of Witnesses, in relation to present Affairs in the Painted Chamber, they could not sit there; but all persons appointed to be there, were to appear upon further Summons.
The Charge of the Commons of England against Charls Stuart, King of England, of High Treason, and other High Crimes, exhibited to the High Court of Justice, Saturday. Jan. 20. 1648.
The Court being sat, and the Prisoner at the Bar, Mr. Cook, Solicitor General spoke thus; My Lord, In behalfe of the Commons of England, and of all the people thereof, I do accuse Charls Stuart, here present of High Treason, and High Misdemeanors: And I do, in the name of the Commons of England, desire the Charge may be read unto Him, which the Clerk then read as followeth;
THat the said Charls Stuart, being admitted King of England, and therein trusted with a limited Power, to Govern by, and according to the Laws of the Land, and not otherwise; And by his Trust, Oath, and Office, being obliged to use the power committed to Him, for the good and benefit of the People, and for the preservation of their Rights and Liberties; Yet nevertheless, out of a wicked Design, to erect and uphold in himself an unlimited, and Tyrannical power, to rule according to His Will, and to overthrow the Rights and Liberties of the people, yea, to take away, and make void the foundations thereof, and of all redresse, and remedy of mis-government, which by the fundamental Constitutions of this Kingdom were reserved on the peoples behalf, in the right and power of frequent and successive Parliaments, or National meetings in Councel; He, the said Charls Stuart, for accomplishment of such his Designs, and for the protecting of Himself, and His adherents, in His and Their wicked Practises to the same ends, hath Trayterously, and maliciously levied war against the present Parliament, and the people therein represented.
Particularly upon or about the 30. day of June, in the year of our Lord, 1642. At Beverly, in the County of York; and upon, or about the 30 day of July, in the year aforesaid, in the County of the City of York; And upon or about the 24 day of August, in the same year in the County of the Town of Nottingham, (when, and where he set up His Standard of War;) And also on, or about the 23 day of October in the same year, at Edg. Hill and &illegible; field, in the County of Warwick; And upon, or about the 20 day of November, in the same year, at &illegible; &illegible; in the County of middlesex; And upon, or about the 30 day of August in the year of our Lord, 1643. at &illegible; bridg neer Reding, in the County of Books; And upon, or about the 30 day of October, in the year last mentioned, &illegible; or &illegible; the City of Glocester; And upon, or about the 30 day of November, in the yeer &illegible; mentioned, at blewbery in the County of Berks; And upon, or about the &illegible; day of Iuly, in the year of our Lord, 1644. at &illegible; bridg, in the County of Oxon; And upon, or about the 30 day of September, in the year last mentioned at Bodmin and other places near adjacent, in the &illegible; of &illegible; And upon, or about the 30 day of November, in the yeer last mentioned, at Newbery aforesaid; And upon or about the 8 day of June, in the yeer of our Lord, 1645. at the Town of Lekester, And also upon the fourteenth day of the same mounth, in the same yeer, as &illegible;-field, in the County of Northampton. At which several times and places or most of them, and at many other places in this Land, it several other times within the years afore mentioned; And in the yeer of our Lord, 1646. He, the said Charls Stuart, hath caused and procured many &illegible; of the free people of the Nation to be slain, and by Divisions, Parties, and Insurrections within this Land, by invasions from forraign parts, endeavored, and procured by Him, and by many other evil wayes and means. He, the said Charls Stuart, hath dot only maintained, and carried on the said war, both by Land and Sea, during the years before mentioned; but also hath renewed, or caused obe renewed, the said war against the Parliament, and good people of this Nation, in this present year, 1648. in the Counties of Kent, &illegible; Surrey, Suffex, Middlesex, and many other Counties and places in England and Wales, and also by sea; And particularly, He, the said Charls Sauart, hath for that purpose, given Commissions to his son, the Prince, and others; whereby, besides multitudes of other persons, many such, as were by the Parliament entrusted, and imployed, for the safety of the Nation; being by Him or His Agents, corrupted, to the betraying of their Trust and revolting from the Parliament, have had entertainment and Commission, for the continuing, and renewing of war and Hostility against the said Parliament and People as aforesaid. By which cruel and unnatural war: by Him, the said Charls Stuart, levyed, continued, and renewed as aforesaid, much innocent blood of the Free people of this Nation hath been spilt; many families have been undone, the Publike Treasury wasted, and exhausted, Trade obstructed, and miserably decayed; vast expence, and dammage to the Nation incurred, and many parts of the Land spoiled, some of them even to desolation.
And for further prosecution of His said evil designs, He, the said Charls Stuart, doth &illegible; continue his Commissions to the said Prince, and other Rebels and Revolters, both English and Forraigners, and to the Earl of Ormond, and to the Irish Rebels and Revolters associated with him; from whom further invasions upon this Land are threatned, upon the procurement, and on the behalf of the said Charls Stuart.
All which wicked Designs, wars, and evil practises of Him, the said Charls Stuart, have been, and are carried on, for the advancing, and upholding of the personal Interest of will and Power, and pretended Prerogative to Himself, and His family, against the publick Interest, Common Right, Liberty, Justice, and Peace of the People of this Nation, by, and for whom he was intrusted, as aforesaid.
By all which it appeareth, that He the said Charls Stuart hath been, and is the Occasioner, Author and Contriver, of the said Unnatural, Cruel, and bloody wars and therein guilty of all the Treasons, Murthers, Rapines, Burnings, Spoils, Desolutions Damage, and Mischief to this Nation, acted or committed in the said wars, or occasioned thereby.
And the said Iohn Cook, by Protestation (saving on the behalf of the People of England, the liberty of Exhibiting at any time hereafter any other Charge against the said Charls Stuart, and also of replying to the Answers which the said Charls Stuarts shall make to the Premises, or any of them, or any other Charge that shall be so exhibited) doth, for the said Treasons and Crimes, on the behalf of the said people of England, &illegible; the said Charls Stuarts as a Tyrant, Traytor, Murtherer, and a publick and implecable enemy to the Common-wealth of England: And pray, That the said Charls Stuart, King of England, may be put to Answer All, and &illegible; the &illegible; That such Proceedings, Examinations, Trials, Sentence, and &illegible; &illegible; may be &illegible; upon &illegible; &illegible; shall be agreeable to Iustice.
Westminster. 26. The Parliament past an Ordinance for altering the proceedings in Courts of Justice, &c. the Form of &illegible; and other process; and Voted, that &illegible; &illegible; &illegible; Dei gratia Angliæ, Scotiæ, &c. this should be incurred, viz. &illegible; &illegible; &illegible; And instead of Contra Coronam & &illegible; Regis, those words should be used, viz. &illegible; publicans, &c. This Ordinance was twice send and committed. A Member of the house was commanded this day to withdraw; for delivering his private opinion in Argument with another Member, concerning a Spiritual Subject; upon which they were &illegible; debating. 27. A Declaration of Act was referred to a Comittee to be drawn against Monday morning. That it should be High Treason in any &illegible; proclaim Pr. Charls, or any other person or persons, King of England, without the Consent and Approbation of the present Parliament of England. And none under pain of Imprisonment, and other punishments, shall Preach, Pray, Speak, Write, or Print any thing against the present proceedings of the Parliament of England. The King desired that Doctor Juxon might be private with Him, which was granted by the Parliament.
The High Court being safe, the Lord President, who was in a Scarlet vestone, &illegible; the businesse of the day, and after him 67 Members more answeres to their names; after she calling of the Court, the King came in his wonted posture (with his Hat on) a cry was made in the Hall (as he possed) for Justice and Execution: upon the Kings coming, he desired to be heard; the Lord President answered, he must hear the Court first; after which the Lord President set forth the intentions of the Court to proceed against the Prisoner, and withal offered, that the King might speak, so it were not matter of Debate. The King desired, That (in regard he had something to say for the Peace of the Kingdom, and the liberty of the Subject,) before sentence were given, he might be heard before the Lords and Commons in the &illegible; Chamber; hereupon the Court withdrew into the Court of Wards, and the King to Sir Robert Cottons house; after about half an hours debate, the Court returned from the Court of Wards with this resolution, That what the King had rendered tended to delay, yet if he would speak any thing for himself in Court before &illegible; he might be heard; The King declaring he had nothing to say; The Lord President made a large Speech, setting forth the Kings mis-government, and proving by Law, now Kings were accountable to their people, and the Law, which was their superior, and produced several instances of Kings being deposed, and imprisoned by their Subjects &illegible; in his own native Kingdom of Scotland, &illegible; of 109 Kings, most were deposed imprisoned, or procceded against for misgovernment, and his own &illegible; &illegible; removed, and his Father an infant Crowned. After this, the Clerk was commanded to &illegible; the &illegible; which recited the Charge, and the severall Crimes of which he had been found &illegible; &illegible; you had the particulars before. For all &illegible; Treasons &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; That be he said Charls Stuart, as a Tyrant, Traytor, &illegible; &illegible; &illegible; &illegible; &illegible; be put to death, by severing of his &illegible; from his &illegible; The King then desired to be heard, but a being after sentence, it would not be admitted. That &illegible; &illegible; &illegible; &illegible; the 29 day of &illegible; are but an abstract of what was then &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; an exact Copy of all by the latter end of this week, &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; which will be by speciall and superior order of &illegible; &illegible; &illegible; &illegible; &illegible; that Copy the People of this Nation, and of all others in the world, &illegible; &illegible; &illegible; &illegible; &illegible; and no other, as the perfect and true Copy, for their full jurisdiction, &illegible; &illegible; &illegible; so published, being for present satisfaction, and prevention of &illegible; &illegible; &illegible; &illegible; not as an authentique Copy of the whole proceedings.
&illegible; Ian. 27. &illegible; I finde the Irish &illegible; here (that seek constantly after mischief) have been very bold this last week, some of the &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; took &illegible; of considerable number and &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; with them, which, with the &illegible; &illegible; joyned with them, &illegible; &illegible; (&illegible; &illegible; &illegible; &illegible;) will make a great Navy, whereby the ships from all parts will be taken, and they enabled thereby to mannage war against us in that Kingdom. The people &illegible; here under great dangers, being very obnoxious to mischief, and fit to serve the design of enemies; the welfare of the West depending much upon the preservation of this place. Col. &illegible; came to this City yesterday, upon what account, we know not, but have too much Cause to suspect, since two hundred souldiers under Lieutenant Colonel Pitman, upon pretence of Venetian service, quartered at our doors, who being examined, hath nothing but a Passe, (which we conceive forged) upon which he is secured, his men removed and Order taking for some of Major &illegible; Troop (which is now in the City to disperse them;) here hath been South-East from us two or three nights together, in the &illegible; great Fire lights, continuing a long time together, much people admiring it, and giving many interpretations thereof.
28. The Dutch Ambassadors made their Application and Address this day to his Excellency, the Lieutenant General, and many other Field Officers of the Army. They delivered themselves &illegible; in Dutch, and afterwards in French; in which tongue, and in the English, his Excellency gave his response to them, sometimes by himself, and sometimes by another in Dutch. The Officers coming in the time of their Address, the Ambassadors desired to know, whether they should proceed, and deliver the remainder of their Embassie, or that they should begin again; the Officers desired that they would be pleased to repeat what they had before delivered, and so proceed, which they did accordingly. The substance of their Message was, to desire, That Union and Affection may be preserved between this Nation and the Estates of Holland, for which purpose they were sent hither; and likewise, to present some Propositions and Desires to the &illegible; of England; which if inclined to, they doubt not, but it will tend much to the Peace and happiness of this Nations and that the Army would please to intercede to the Parliament, in relation to this business. His Excellency and Officers &illegible; themselves. That they took it for a great honor and high savor from the Estates of Holland, to &illegible; any notice, or make Application to them, as Souldiers and Servants to the Parliament and Kingdom; and that so much as lay in their power, they should endevor to preserve the Union and Peace between this Kingdom, and the Estates of Holland. That in prosecution of their further Applications and Desires to the Parliament of England, and during their abode here, they should not receive any interruption or molestation by the Souldiery, but should rather be protected and served by them. And as to their desire of intercoding to the Parliament, it was not a work proper for the Army, being servants to the Parliament and Kingdom; neither did they ever do it upon any occasion whatsoever: but wherein they might be serviceable to them as Souldiers, they should finde them ready and willing, to the utmost of their power. The Ambassadors replyed, That they acknowledged the wisdom, care, and goodness of his Excellency, and the Army, in what had been said; and so took leave of them.
The high Court of Justice kept a Fast this day at Whitehal, and heard three Sermons preached to them. His Majesty heard Doctor Juxon preach in His Chamber, and had the most part, if not all of the Common-Prayer read unto Him. A plentiful dinner coming up, He gave order that He would have but one dish of meat brought to His Table; which command was observed accordingly. His Majesty this day desired a Transcript of the Proceedings at the high Court yesterday, which was likewise granted. He continued in Whitehall, till about five of the clock this Evening, and then orders came for removing of Him to St. James, where He lay all night.
A Letter came this day to this purpose, that they acknowledged the great mercies of God, in following his, and his peoples enemies, with such seasonable Judgments, which they found unexpectedly blown upon them, in driving two more of the revolted Ships by &illegible; upon their coasts; one whereof with six Guns was last upon the Sands, and the either of a greater bulk, forced in to their harbor; which with the other three forced in at &illegible; will much diminish and weaken their whole and small number of thirteen; whereby we conceive, if a reasonable Fleet was speedily set our, they might with Gods blessing, be soon able to sink or secure the rest, who do much hurt to small vessels, because they receive no opposition.
Two Letters came the last week from Prince Charls, the one directed to the Parliament, and the other to his Excellency: That to his Excellency was sent to the House, without being opened. Neither of them are yet opened or reported.
Sir,
It much rejoyces me, that you go on with such resolution and undaunted courage; this will make the great ones make, and all their confederates to tremble, while they behold that &illegible; and spirit you maintain in contesting against their Head, or rather Idol of all their practises, and designements. I hope you will bring that work to an happy and long looked &illegible; period. ’Twill be very good to hasten; we know not what a day may bring forth by the Princes Letter, address of the new Ambassadors, and Malignants interceding for his life; and how far Gods judgments may be satisfied with the innocent blood of three hundred thousand souls if they should incline to mercy (or rather cruclty) in saving his life; and he thereby may hazard a continual War, and consequently distruction to this Nation (if Sentence remitted) I leave it to any rational, and unbyassed man to judg. Besides, if they take not away his life upon committing this Treason, Murther, Rapine, Spoyl, Desolation, &c. How shall any offender hereafter (though never so high, he the highest of all) be answerable to the Law for life; and if any be, we must declare the Judges too partial, respecters of persons and therefore unjust; the Law admitting of no exemption of King, Lord, or any other persons whatsoever, in case of Murther, Treason, &c. Surely out enemies are not idle. There are such passages abroad, that I know not what to think, or judg of. What means Sir John Winters coming hither, and to his own house in the Forest of Dean. The honest party cannot construe the mystery of such things, especially at this time, and upon such a juncture as this is, to have such liberty and indulgence. What riddle &illegible; there in Colonel Birches repair to Bristol in this time of their unsetledness, and unarmedness. Its necessary to look about us, and pry into every corner; for surely, mens heads are &illegible; to bring forth something, which may be a stop unto these gallant proceedings of Parliament and Army.
Sir,
We finde better what pinches and offends us, then any other whatsoever: the burthens upon us are many, and indeed intolerable. The people of this Town rose up against the Excise men, and Souldiers that were come with them, to assist them in the levying thereof; and indeed, they were not the scum and Malignants of the Town, but such as have faithfully served the Parliament and Kingdom, and sought for their, and our own Freedoms; and therefore we are unwilling to submit to any slavery seeing that there is Bishops Lands, Dean and Chapters, and Forests Lands, and exempted Delinquents estates; which if all sold, with the Kings, Queens, and Princes revenue, and many other ways, which may be found out, would be sufficient to maintain the Army, and to pay the publike debts of the Kingdom, without burthening the people with any unnecessary and unreasonable Taxes. One man is killed in this Insurrection, and many others wounded. A Lieutenant Colonel, who pretended an Order from —— to carry men to Venice, is taken at Bristol and secured, and there is an Order given out for dispersing of his men.
Sir,
The Kirk and Parliament here are very realous in prosecuting the end of the Covenant, as well against Malignants as Sectaries; they much dislike the proceedings of the Parliament against the King, and the Ministers Preach and Pray, That as God hath brought down the Malignants, so he would bring down the Sectaries: They say they are &illegible; by their Covenant to preserve Monarchy, and that in the race of the present King. Their Parliament have passed several Votes. 1. That those that have been in the late Engagement against England, shall not bear any Office, as long as they live, except such of them as were under age, and shall manifest their repentance. 2. Such as sat in Committees, and took their oathes, shall not bear Office for ten yeers. 3. Such as never evidented their dislike of their way by Petitioning, shall not bear Office for five yeers. 4. Such as are prophane swearers, drunkards, lascivious persons; and such as do not worship God in their private houses, are not to be admitted to any place of Trust, while such. The poor Rogues that went naked for England, do stand in white-sheets in their publike Congregations, doing penance for that great offence.
Sir,
We had the other day a fight of Prince Rupert, with about fourteen revolted Ships sayling by our Coast, and bending towards Ireland: They drive the whole Channel before them, and seize upon many small Vessels, but one of great value, laden with Cloath, worth at least 50000 l. We apprehend a great neglect in not having any Navy abroad. One of this Fleet was driven in here the twenty sixth, where she now remains. The Master reports, that the Fleet is very poorly victualled, and worse manned, having not 400 Marriners amongst them.
Scaffolds are this day building, and will be all night, in order to the Kings Execution. His Majesty burnt all His Papers this day, and His several Clavises to the private Letters sent in Characters to Him, which done, His Majesty and Doctor Juxon did much rejoyce. Sir Lewis &illegible; kept a day of Humiliation, doubting his turn will be next. Lieutenant Colonel &illegible; whom he desired to be exchanged for, is not in France (as he suggested) but safe at &illegible; and if he make any reasonable haste, may come to see, Sir &illegible; his execution. The King’s Children came this day to Him; and the late dead, but now alive Lady Elizabeth, amongst the rest.
Westminster. The Parliament fate this day early, one of the late secluded Members comming this day into the house, occasioned them to consider of that businesse, upon which they voted, that such Members as voted the fifth of Decemb. last, That the Kings Concessions were a ground of setling a peace in this Nation should not be re-admitted, but &illegible; to sit any longer Members for future. They considered of the Frigot come into Dartmouth, and vote, that she be imployed in the service of the next Fleet, and gratuities to be given to the Marriners. The Dutch Ambassadors had their audience in the house, they read their instructions, and Letters of credence in French, but had no copies thereof in English (as is usuall) but said, Copies should be prepared against to morrow morning. Their desire was to intercede for the Kings life, and to keep and preserve a fair correspondency between his Nation and the Estates of Holland, but having no transcripts ready, and being unwilling to leave the originall, the house at that &illegible; could not proceed in debate thereof. The Commissioners of the high Court met this day, and voted, that the place Execution Should be over against the &illegible; house of White-Hall where (its observed) the Kings party (the day the Citizens came down to cry for iustice against Strafford) killed one or the Citizens, and wounded many, being the first blood split in this quarrell The time was agreed upon, to be between the hours of ten in the morning, and three in the afternoon. The Commissioners signed and sealed to a warrant for his Execution accordingly.
London, Printed for R. W.
The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.
From Tuesday January 30. to Tuesday February 6. 1649.
NOt death, but the cause, makes a Martyr; and who can be more unfortunate, then he that is most wicked? A sinful life is the death of the soul, and as Plato sayes, The infamy of a Tyrant is immortal: Shall not such as climb up publike and highest sins, fall in open and lowest shame? and those that cover to swim in the blood of Saints, sinke in the gulf of Gods eternal wrath? Surely, that man was most miserable, whose life the wicked did so much desire, and at whose death the righteous much more rejoyce. And if God visits the sins of the father upon the children, shall man dare to smile upon the successors of the wicked, or so many of them as are guilty of the like sins as their parents? Let them that intend to lay this yoke upon us, expect our non-submission to it; for it is too heavy for us, though not others, to bear; and if any intend to impose it upon us, we may possibly shake it off, and lay it upon the Asses backs that are most proper and able to bear it.
To the supream Authority of this Nation, the Commons of England, in Parliament assembled.
The humble Petition of divers (in the name of themselves and others) being known well affected to the Publike Interest of this Nation in the County of of Surrey.
Sheweth,
THat having found by sad experience the continuance of the Publike Calamities of the Nation, to have been principally occasioned by the prevalency of a corrupted party, lately within this house, and by dividing the supream Authority thereof, into the hands of such as are nor intrusted thereunto by the people, which hath daily brought forth cross delatory, and so distructive proceedings; and blessing God for your so happy deliverance from your entanglements within, and opposition without. We your Petitioners, do hope now, that for the time to come, you will not admit so destructive a distribution of your supream Authority, but proceed of your selves without any other, to take such effectual course for the case of the Nation, as shall be requisite.
In order thereunto, we humbly desire,
- 1. That the Militia of the County of Survey, and all other places, may be put into the hands of such, and such onely as have expressed a firm and constant good affection to the freedoms of their Countrey, lest the power thereof should be exercised against this honorable House, your most renowned Army, and such of the people, as shew most affection to your just proceedings; and that all others, whether neutrals, being such as have pollitickly acted on both sides, or may be charged with a probable suspition of evil to their Countrey, may be rendered uncapable of trust, by an effectual interdiction, upon a penalty, according to the example of your Ordinance for the choosing Common Councel men, &c. in the City of London.
- 2. That all Magistrates. Officers, and others in Authority of the County of Surrey, may be chosen by the wel-affected thereof; and such as have ashsted the King in purse or person, or promoted the late tumultuous engagement for a personal Treaty, or otherwise abetted the same, may upon a penalty be prohibited, at least for a time, from being choosers, or chosen thereunto.
- 3. That the Ordinance for Tythes upon treble damages may be speedily revoked; and that hereafter no enforced maintenance be imposed upon the people for the publike ministry. And if you shall think fit to settle a publike ministry for the instruction of the Nation, that a more just and equal way of maintenance may be made for their subsistance.
- 4. That a Committee may be chosen by the wel-affected Inhabitants of Surrey, to take accompts of such as have had charge of the Counties disbursments.
- 5. That speedy means may be used for taking off that intolerable burthen of free-quarter, and that it may never be permitted for the future; that so we may see some real fruits and benefits of your supream Authority, and be engaged thereby to maintain the same in you, and all future Representatives.
The House being informed, that there were divers Gentlemen of the County of Surrey at the door, they were ordered to be called in, and being come to the Bar, one of them spake to this effect,
Mr. Speaker, I am desired by divers, in the name of themselves, and others in the County of Surrey, to present this Petition to this most honorable House; and we are exceedingly incouraged thereunto, having the late and just care of this honorable House for relief of Petitioners.
The Petition being received, the Petitioners were Ordered to withdraw.
Ordered, That the Petition be referred to the Committee for consideration of Petitions of like nature.
Ordered, That thanks be given to the Petitioners for their good affections expressed in their said Petition.
Toe Petitioners being again called in, Mr. Speaker told them:
Gentlemen,
The House hath read your Petition, and referred it to be taken into consideration, They have commanded me to take notice of the time when this Petition was delivered, being this day; and they have taken notice of your good affections therein expressed, and have commanded me to give you hearty thanks.
Hen. Scobel, Cler. Parl. D. &illegible;
VPon the Kings coming he desired to be heard. To which the Lord President answered, That it might be in time, but that he must hear the Court first.
The King prest it for that he believed it would be in order to what the Court would say, and that an hasty Iudgment was not so soon recalled.
Then the Lord President spake as followeth, Gentlemen, It is well known to all, or most of you here present, that the Prisoner at the Bar hath been several times convented, and brought before this Court to make Answer to a Charge of Treason, and other high Crimes exhibited against him in the name of the people of England. To which Charge, being required to Answer, he hath been so far from obeying the Commands of the Court, by submitting to their Iustice, as he began to take upon him reasoning and debate unto the Authority of the Court, and to the highest Court that appointed them, and to trie, and to judg him; but being over-ruled in that, and required to make his Answer, he was still pleased to continue Contumelious, and to refuse to submit to answer; hereupon the Court, that they may not be wanting to themselvs, nor the Trust reposed in them, nor that any man’s wilfulnesse prevent Iustice, they have thought fit to take the matter into their consideration; they have considered of the Charge, they have considered of Contumacy, and of that confession, which in Law doth arise upon that Contumacy; they have likewise considered of the Notoriety of the Fact Charged upon this prisoner, and upon the whole matter: They are resolved, and have agreed upon a Sentence to be pronounced against this prisoner, but in respect he doth desire to be heard before the Sentence be read, and pronounced; the Court hath resolved that they will hear him. Yet Sir, Thus much I must tell you before land, which you have been minded of at other Courts, That if that which you have to say, be to offer any debate concerning the Iurisdicton, you are not to be heard in it, you have offered it formerly and you have struck at the root, that is, the Power, and the supream Authority of the Commons of England, which this Court will not admit a Debate of, and which indeed it is an irrational thing in them to do, being a Court that Acts upon Authority derived from them. Put Sir, If you have any thing to say in defence of yourself, concerning the matter Charged, the Court hath given me in command to let you know they will hear you.
Then the King answered, Since that I see you will not hear any thing of Debate, concerning that which I confesse I thought most material for the Peace of the Kingdom, and for the Liberty of the Subject, I shall wave it, I shall speak nothing to it; but only I must tell you, that this many a day all things have been taken away from me, but that that I call dearer to me then my life which is my Conscience and my Honour; and if I had a respect to my life more then the Peace of the Kingdom, and the Liberty of the Subject, certainly I should have made a particular defence for my self, for by that, at leastwise, I might have delaied an ugly Sentence, which I believe will passe upon me; therefore certainly, Sir, as a man that hath some understanding, some knowledge of the world; if that my true zeal to my countrey had not overborn the care that I have for my own preservation, I should have gone another way to work then that I have done: Now Sir, I conceive, that an hasty sentence once past, may sooner be repented of, then recalled; and truly the self same desire that I have for the Peace of the Kingdome, and the Liberty of the Subject more then my own particular ends, makes me now at last desire, that I having something to say that concerns both: I desire before sentence be given, that I may be heard in the Painted Chamber before the Lords and Commons: This delay cannot be prejudicial unto you, whatsoever I say: if that I say no Reason, those that hear me must be Iudges, I cannot be Iudge of that that I have; if it be reason, and really for the welfare of the Kingdom, and the Liberty of the Subject, I am sure on’t it is very well worth the hearing; therefore I do conjure you, as you love that that you pretend, (I hope its real,) the Liberty of the Subject, the Peace of the Kingdom, that you will grant me this hearing, before any Sentence be past; I only desire this, That you will take this into your consideration, it may be you have not heard of it before hand, if you will, I will retire, and you may think of it; but if I cannot get this Liberty, I do protest, That these fair shews of Liberty and Peace are pure shews, and that you will not hear your King.
I hat what the King had said, was a declining of the Jurisdicton of the Court, which was the thing wherein he was limited before.
The King urged, That what he had to say was not a declining of the Court, but for the Peace of the Kingdom, and Liberty of the Subject.
Lord President. Sir, This is not altogether new that you have moved unto us, though it is the first time that in person you have offered it to the Court: And afterwards, that though what he had urged might seem to rend to delays, yet according to that which the King seemed to desire, the Court would withdraw for a time, and he should hear their pleasure.
Then the Court withdrawing into the Court or Wards, the Sergeant at Arms had command to withdraw the Prisoner, and to give Order for his return again.
The Court after half an hours Debate, returned from the Court of Wards Chamber, and the King being sent for, the Lord President spake to this effect;
Sir, You were pleased to make a motion here to the Court, touching the propounding of somewhat to the Lords and Commons in the painted Chamber, for the Peace of the Kingdom; you did in effect receive an Answer, before their Adjourning, being pro forms tantum; for it did not seem to them that there was any difficulty in the thing; they have considered of what you have moved, and of their own Authority: The return from the Court is this, That they have been too much delayed by you already, and they are Judges appointed by the Highest Authority, and Judges are no more to delay, then they are to deny Iustice; they are good words in the great old Charter of England, Nulli negabimus, nulli condemus, & nulli &illegible; justitiam: but every man observes you have delayed them in your Contempt and Default, for which they might long since have proceeded to Iudgment against you, and notwithstanding what you have offered, they are resolved to proceed to Sentence and to Iudgment, and thats their unanimous resolution.
Sir, I know it is in vain for me for to dispute, I am no Septrick, for to deny the power that you have; I know that you have power enough: Sir I must confesse I think it would have been for the Kingdoms peace, if you would have taken the pains for to have shewn the lawfulnesse of your power: for this delay that I have desired, I confesse it is a delay, but it is a delay very important for the Peace of the Kingdom; for it is not my person that I look at alone, it is the Kingdoms welfare, and the Kingdoms Peace: It is an old Sentence, That we should think on long before we have resolved of great matters suddainly, therefore Sir, I do say again, that I do put at your doors all the inconveniency of a hasty Sentence. I confesse I have been here now I think this week, this day eight dayes was the day I came here first, but a little delay of a day or two further may give Peace, whereas an hasty Iudgment may bring on that trouble and perpetual inconveniency to the Kingdom, that the childe that is unborn may repent it; and therefore again, out of the duty I owe to God, and to my countrey, I do desire that I may be heard by the Lords and Commons in the painted Chamber, or any other Chamber that you will appoint me.
The President replied, that what he desired, was no more then what he had moved before, and therefore the Court expected to hear what he would say before they proceeded to Sentence.
This I say, that if you will hear me, I do not doubt to give satisfaction to you, and to my people, and therefore I do require you, (as you will answer it at the dreadful Day of Judgment that you will consider it once again.
The Court will proceed to Sentence if you have no more to say.
Sir, I have nothing more to say, but I shall desire that this may be entred what I have said.
The Lord President then proceeded to declare the grounds of the Sentence in a long speech, which you may see at large in what the High Court shall set forth.
President having cited many things in relation to the power of Kings, and their being called to account for breach of Trust, and expressed in what sence this present King had been guilty, according to his Charge, of being a Tyrant, Traytor, Murtherer, and publike Enemy to the Common wealth. He further declared in the name of the Court, That they did heartily wish, that he would be so penitent for what he had done amisse, that God might have mercy, at leastwise upon his better part; for the other it was their duty to do it, and to do that which the Law prescribes, they were not there jus dare, but jus dicere; that they could not but remember what the Scripture said, For to &illegible; the guilty, it is equal abomination, as to condemn the innocent; we may not acquit the guilty, what sentence the Law affirms to a Traytor, a Tyrant, a Murtherer, and a publick Enemy to the Countrey, that sentence he was to hear read unto him.
Then the Clerk read the Sentence drawn up in Parchment.
That whereas the Commons of England in Parliament, had appointed them an high Court of Justice, for the trying of Charls Stuart, King of England; before whom he had been since times convented, and at the first time a Charge of high Treason, and other crimes and misdemeanors was read in the behalf of the Kingdom of England, &c.
Here the Clerk read the Charge.
Which Charge being read unto him, as aforesaid, he the said Charls Stuart, was required to give his Answer, but he refused so to do; and so exprest the several passages at his Tryal in refusing to answer.
For all which Treasons and Crimes, this Court doth adjudg, That He the said Charls Stuart, as a Tyrant, Traytor, Murtherer, and a publike Enemy, shall be put to death, by the severing of his Head from his Body.
After the Sentence was read, the Lord President said,
This Sentence now read and published, it is the Act, Sentence, Judgment, and Resolution of the whole Court: Here the Court stood up, as assenting to what the President said.
Will you hear me a word Sir?
Sir, you are not to be heard after the Sentence.
No Sir?
No Sir, by your favor Sir. Guard, withdraw your prisoner.
I may speak after the Sentence.
By your favor Sir, I may speak after the Sentence ever.
By your favor (hold) the Sentence Sir——
I say Sir I do ——
I am not suffered for to speak, expect what Justice other people will have.
A Gentlewoman big with childe, some days before the Kings execution, pretended she longed to kiss the Kings hand; which after some denials of the Officers that attended him, was at last (considering her condition, though contrary to their instructions) admitted: After she had greedily kiss his hand, his Majesty as eagerly saluted her lips, three or four times. This Gentlewoman Is reported, by some that then knew her, to be formerly the black handsome Maid, that waited on him at the Isle of Wight. That night his Majesty lay in Whitehal, he much desired to have the next room to his Bed-chamber, which being much prest for, and as often denyed, occasioned some ground of jealousie; and upon a strict search a trap door was found in the said room, at which he intended an escape. A Gentleman desired leave to present a Letter to his Majesty from Prince Charls, a little before his execution, which was granted; so that what discourse past between his Majesty and himself, might be publike. His Majesty upon receipt thereof, said, he was not then in a disposition to read it, but required the Gentleman to deliver his blessing to the Prince, and his love to his Queen, with a request, That she would be a careful Mother to all his children; his blessing likewise to the Duke of York, with this advice, That he would be obedient to Prince Charls. Doctor Juxon administred the Sacrament to him, and being not able to pray without book or form, began this prayer, We be come together at this time (dearly beloved brethren) though there was none but the King present to receive it.
His Maiesty coming upon the Scaffold, express himself in these words, viz.
I Shall be very little heard of any body here, I shall therefore speak a word unto you here; indeed I could hold my peace very well, if I did not think that holding my peace, would make some men think that I did submit to the guilt, as well as to the punishment; but I think it is my duty to God first, and to my country, for to clear my self, both as an honest man, and a good King, and a good Christian. I shall begin first with my Innocency, in troth I think it not very needful for me to Insist long upon this, for all the world knows that I never did begin a War with the two Houses of Parliament, and I call God to witness, to whom I must shortly make an account, that I never did intend for to incroach upon their Priviledges, they began upon me, it is the Militia they began upon, they consest that the Militia was mine, but they thought it sit for to have it from me; and to be short, if any body will look to the dates of Commissions, of their Commissions and mine, and likewise to the Declarations, will see clearly that they began these unhappy troubles, not I; so that as the guilt of these Enormous crimes that are laid against me. I hope in God that God will clear me of it, I will not, I am in charity; God forbid that I should lay it upon the two Houses of Parliament, there is no necessity of either, I hope they are free of this guilt; for I do believe that ill instruments between them and me, has been the chief cause of all this bloodshed; so that by way of speaking, as I finde my self clear of this, I hope (and pray God) that they may too; yet for all this, God forbid that I should be so ill a Christian, as not to say that God’s judgments are just upon me. Many times he does pay Justice by an unjust Sentence, this is ordinary; I will only say this, that an unjust Sentence (Strafford) that I suffered for to take effect, is punished now, by an unjust Sentence upon me; that is, so far I have said, to shew you that I am an innocent man.
Now for to shew you that I am a good Christian: I hope there is a good man that will beat me witness, (&illegible; to Doctor Dixon.) That I have forgiven all the world, and even those in particular that have been the chief causers of my death; who they are God knows; I do not desire to know, I pray God forgive them. But this is not all, my charity must go further. I wish that they may repeat for &illegible; they have committed a great sin in that particular, I pray God with St. Stephen, that this be not laid to their charges nay, not only so, &illegible; that they may take the right way to the Peace of the Kingdom, for my charity commands me not onely to forgive particular men, but my charity commands me to endeavour to the last &illegible; the peace of the Kingdom; So (Sirs) I do wish with all my soul, and I do hope (there is &illegible; here will cary it further) (&illegible; for some Gentlemen that wrote) that they &illegible; deavour the Peace of the Kingdom Now (Sirs) I must shew you both how you are out of the way, and will put you in a way. First, you are out of the way, for certainly all the way you ever have had yet, as I could finde by any thing, is in the way of Conquests certainly this is an ill way, for Conquest (Sir in my opinion) is never just, except there be a good just cause, either for matter of wrong or just Title, and then if you go beyond it, the first quarrel that you have to it, that makes it unjust as the end, that was just at first: But if it be only matter of Conquest, then it is a great Robbery; as a Pirat said to Alexander, that He was a great Robber, he was but a petty Robber; and so, Sir, I do think the way that you are in, is much out of the way. Now Sir, for to put you in the ways believe it, you will never do right, nor God will never prosper untill you give God his due, the King his due, (that is, my Successors) and the People their due. I am as much for them as any of you: You must give God his due, by regulating rightly his Church (according to his Scripture) which is now out of order: For to set you in a way particularly, now I cannot, but only this, A National Synod freely called, freely debating among themselves, must settle this; when that every Opinion is freely and cleerly heard.
For the King, indeed I will not, (then turning to a gentleman that touched the the Ax, said, Hurt not the Ax, that may hurt me (&illegible; of &illegible; bad &illegible; the &illegible;) For the King:) The Laws of the Land will clearly instruct you for that; therefore, because it concerns My Own particular, I only give you a touch of it.
For the People. And truly I desire their Liberty and Freedom, as much as any body whomsoever; but I must tell you, that their Liberty and their Freedom consists in having of Government; those Laws, by which their life and their goods may be most their own. It is not for having share in Government (&illegible;) that is nothing pertaining to them. A Subject and a Soveraign, are &illegible; different things; and therefore, untill you do that, I meane, That you do put the people in that Liberty as I say, certainly they will never enjoy themselves.
Sirs, It was for this that now I am come here: If I would have given way to an Arbitrary way, for to have all Laws changed according to the power of the Sword, I needed not to have come here; And therefore, I tell you &illegible; and I pray God it be not laid go your charge) That I am the Martyr of the People.
Introth Sirs, I shall not hold you much longer; (for I will only say this to you, that intruth, I could have desired some little time longer because that I would have put this that I have said, in a little more order, and a little better digested, then I have done; and therefore I hope you will excuse me.
I have delivered my Conscience, I pray God that you do take these courses that are best for the good of the Kingdom, and your own Salvations.
Will Your Maiesty (though it may be very well known Your Majesties Affections to Religion, yet it may be expected, that you should) say somewhat for the Worlds satisfaction.
I thank you very heartily (my Lord) for that, I had almost forgotten it. Introth Sirs, My Conscience in Religion, I think, is very well known in all the World; and therefore, I declare before you all, That I die a Christian, according to the Profession of the Church of England, as I found it left Me by My Father; and this honest man (Pointing to Doctor Juxon) I think will witness it. Then turning to the Officers, said, Sirs, excuse me for this same. I have a good Cause, and I have a gracious God; I will say no more. Then turning to Colonel &illegible; he said, Take care that they do not put Me to pain, and Sir this, and it may please you: But then a gentleman comming neer the Ax, the King said, Take heed of the Ax, pray take heed of the Ax. Then the King speaking to the Executioner, said, I shall say but very short Prayers, and when I thrust out My hands ———. Then the King called to Doctor Juxon for His Night-Cap, and having put it on, He said to the Executioner, Does My hair trouble you? Who desired Him to put it all under His, Cap, which the King did accordingly, by the help of the Executioner and the Bishop: Then the King turning to Doctor Juxon, said, I have a good Cause, and a gracious God on my side.
There is but one Stage more. This Stage is turbulent and troublesome; it is a short one: But you may consider it will soon carry you a very great way; it will carry you from Earth to Heaven; and there you shall finde a great deal of Cordial Joy, and Comfort.
I go from a corruptible, to an incorruptible Crown; where no disturbance can be, no disturbance in the world.
You are exchanged from a Temporal to an Eternal Crown; a good exchange.
The King then said to the Executioner, is my Hair well: Then the King took off His Cloak and His George, giving His George to Doctor Juxon, saying, Remember ——— (It is thought for to give it to the Prince) Then the King put off his dublet, and being in his Wastecoat, put his Cloak on again, then looking upon the block, said to the Executioner, you must set it fast.
Executioner. It is &illegible; Sir. King. It might have been a little higher. Executioner. It can be no higher Sir.
King. When I put out my hands this way, (Stretching them out) then——
After that having said two or three words (as he stood) to himself, with hands and eyes lift up; Immediately stooping down, laid His Neck upon the Block; And then the Executioner again putting his Hair under his Cap, the King said, (Thinking he had been going to strike) stay for the signe.
Executioner. Yes, I will and it please Your Majesty.
And after a very little pawse, the King stretching forth his hands, The Executioner at one blow, severed his head from his body.
That when the Kings Head was cut off, the Executioner held it up, and shewed it to the Spectator.
And his Body was put in a Coffin, covered with back Velvet, for that purpose.
The Kings Body now lies in his Lodging Chamber in &illegible;
Sic transit gloria mundi.
A Petition in prosecution of the &illegible; of the people, in the Case of Captain &illegible; Member of the House, was this day presented to the House, which &illegible; at large.
To the supream Authority of England, the Commons in &illegible; &illegible;
The humble Petition of firm and constant Friends, to Parliament and common-wealth, in behalf of Captain Fry, a Member of the present Parliament. Sheweth,
THat since you account this the first yeer of the recovery of Englands Liberty, you will not blame us (we trust) if we expect fruits and manifestations thereof, not esteem us presumptuous, if when we apprehend any thing contrary thereunto; we crave leave us represent the same unto you, as at this time, we humbly conceive, we have cause to do, in the Case of Captain Fry, a Member of this honorable House, who as we understand, is lately suspended from his place and right in Parliament, for uttering his judgment in a matter of Religion; whereas we hoped you had now been satisfied, That your Authority did onely extend to things Civil and Natural, and that no man should be lyable to suffer for declaring his opinion in matters Spiritual or Evangelical.
We believe the worst of times will hardly afford a President of this nature; and though happily the like may have been done, when you were bordened with a corrupt Party, whose evil designes enforced them to make use of tyrannical Principles, and to walk in the &illegible; the Bishops and their oppressive Courts; yet since you see God hath therefore blasted them, and laid their greatness in the dust: and since, by your late Vote, and other proceedings, you have begotten some hopes in us, that you will prove more watchful guardians of our Liberties, then any before you: In confidence and expectation hereof, we are emboddened to intreat you,
- 1. That you will be pleased to restore that worthy Gentleman, Captain Fry, to his place and trust in Parliament.
- 2. That you would enlarge Mr Beast and Mr. Biddle, and see them repaired for their expences in their long and irksome imprisonment, with all others that suffer in the like kinde; and for the time to come. That you will be pleased to keep a strict watch upon your proceedings, when Cases of like nature shall come before you; that so the dangerous consequence of excluding Members from Parliament, or other Trusts, for what some shall call Error or Licentiousness in Religion, being blored cut of remembrance, we may upon good grounds, account this the first yeer of true Freedom, and have cause to reioyce in the just exercise of your supream Authority.
Upon Thursday, January 25. there was presented to his Excellency and his General Councel of War, An Acclamation from the well-affected Gentlemen of the Committee, Ministers, Common-Councel, Grand Jury, Souldiers, and divers hundreds of the Inhabitants of the County and City of Worcester, as followeth.
For his Excellency Thomas Lord Fairfax, and the honorable Councel of War.
BLessed Patriots; for you have been blessed: And the real pursuance of your late Remonstrance (so uprightly stated) will record you so much more to all posterity, Founders of our Peace, as well as confounders of our foes.
We cannot but send you our Acclamations, to strengthen and quicken your hands, in that mighty work; and few, though we be, that yet appear, yet assured we are, That suitable actings to such Just Principles, (you neither seeking your selves, nor too much the compliance of others) will soon bring in all the upright in the whole Land unto you. And not onely so, but will for her make you glorious Patterns to all other people, for the good of all Nations.
Proceed therefore (or else undoubtedly, you soon ruine both your friends and selves) vigorously and throughly in the name of the Lord, and you will eternite your own, while we subscribe ours. In life and death, yours in all Righteous wayes, for Publike Interest.
Mr. &illegible; was desired to return thanks from his Excellency, and General Officers to the foresaid Gentlemen, for their good affections; and that their desires should be promoted.
Jan. 30. The Comons Vote a Narrative of all the proceedings upon the late Kings Tryal to be drawn for satisfaction of the Kingdom. Agree upon a Proclamation, for prohibiting all persons to proclaim any King of England; and that the oft be stopt till to morrow night to carry the said Proclamations into all parts of the Kingdom.
31. Jan. About four this morning, news came from windsov, of &illegible; escape; about two hours after that, he was apprehended by some Troopers in Southwark as he was knocking at an Inne. Thus were Jobs words verified, The wicked shall not escape. The Commons Vote the Troopers 120 l. though they expected 500 l. according to the &illegible; putt shed. The last night Sir Lewes Dives desired to go up to the house of office, two Souldiers guarding him thither, flaid at the door for his coming out, but casting himself down the Jakes shewed them a &illegible; trick for his escape. Some say he is swallowed up into the depth of Hell, there to visit his brothe; others, that Hell hath vomitted him up again on &illegible; dry Land; but for my part, I conceive that Dives is yet in Hell. The Commons to make sure and speedy end of their chiefest prisoners, Ordered to charge an Ordinance for tryal of five of them, viz. Hamilton Holland, Goring, Capel, and Sir John Owen, which so soon as fixed upon them, will doubtless do good execution. And that this execution may not onely reach to England, Scotland, and &illegible; but Holland too, They Voted that the said Holland be removed to the Tower. The two Ministers had thanks for their Sermons, and well they deserved it. It was moved for two more to be appointed against the next Fast, but not granted. It may in time be turned into a day of Thanksgiving though the ridged angry Ministers will yet, I suppose, keep it a day of Humiliation; and I must confess they have need so to do.
1. February. The Commons Ordered (and indeed, it was high time) That all the Members that had Voted the fifth of December last, That the Kings Concessions were a sufficient ground for a settlement, should never be readmitted into the House, during this Parliament: And such as then disagreed therein, to enter their dissents; and those absent, to declare their disapprobation thereof, before readmitted. An Act for constituting a new High Court of Justice, for tryal of the said five Delinquents, read and committed. The Lords desired by Message, a Committee of both Houses, to consider of settling the Kingdom, the Messengers were not called in, but debated long, Whether a Kingly Government should be continued or not? and loosing this Question, Then Voted, that to morrow the House consider of the Lords House, Whether it shall be continued or not; and afterwards, of the maner of Government. The aym of some is, seeing they cannot get them a House of Lords, statu quo prius, that now they should & constituted onely a Consultary, Court; but I must say nothing. They Ordered the Term to be adiourned, till Friday come seventh-night, and that the Judges adiourn it accordingly; But you may command them, and do it your selves. The Kings head is fewed on, and his corps removed to Jameses, &illegible; &illegible; not be kept imbalmed, till Prince Charls comes to the Crown, and inter them at the late King desired, though the &illegible; of Giocester may, if the Lords House be constituted, and a Kingly Government Voted. But will this way settle the peace of the Nation?
2. Febr. The Gentlemen of Kent were called in, and had thanks for their Petition. They Vote 7; Ships to be of this Summers Fleet. Order Moneys and Victuals to be provided They Vote Col. Henry Martin, and Col. Reynolds Regiments, to be added to, and paid as the Army, though in relation to the service of Ireland; who with eight more Regiments to be sent over, are to be part of the Army, and paid there equal to these in England.
3. Febr. The Amendments to the Act for constituting a High Court, were assented to, sixty three Commissioners named, Members of the House, City, and Army, any fifteen of them of the Quorum. Twenty eight dayes limited for trying of them. A whipping Answer &illegible; the Scotch Commissioners bold Papers, &illegible; and committed, &illegible; pound given to &illegible; two &illegible; that discovered the Lord &illegible; &illegible; &illegible; &illegible; he had escaped out of the Tower, though Warrant far the &illegible; and cry, promised &illegible; such as should restore him prisoner.
WHereas Sir Lewis Dives Knight, and Thomas Holder Esquire being prisoners in the custody of the Marshal General of the Army, for rebellious acting, and for other crimes of high nature, against the Peace of the Kingdom; have lately made their escape, These are therefore to require you, by all lawful means, to make diligent search, and enquiry in all suspected places, for the apprehending the said Sir Lewis Dives, and Mr. Holder. And having apprehended them, or either of them, to give notice to the Marshal General, at the Head Quarters, whereof you are not to fail.
Given under my hand and Seal, the 31 of January. 1648.
Fairfax.
To all Officers, Governors, and Commanders of Castles, and &illegible; and to all Majors, &illegible; and Sheriffs, especially of Port Towns, and to all those whom it doth &illegible;
Mr. Holder is a middle sized man, of a set body, and full faced, and of a brown hair, little of his face. Sir Lewis Dives, is also of a middle size, and hath a flaxen hair, in sad coloured apparel.
Edenburgh Feb. 1. Sir, The Parliament &illegible; daily, the Priests and they are at as much variance as the Parliament and rigid Presbyterie of England, so fearful are they that their outward call, and foolish &illegible; of the stool of repentance, can stand of no legs, when the inward Call is given to Gods people, and &illegible; how odious will they appear, in that they have hidden the light and power of the Gospel from them for so many years together. They bring all to the stool of Repentance that were in the last invasion of England, that acknowledge their &illegible; and desire to be remitted; and yet they are new as much enemies to the proceedings of the Parliament and Army in England as over; in a word, they act their own designs upon their own interest; and though they tall: big of &illegible; an Army, in revenge of the Kings blood, yet be assured they stir not, unlesse on English Army invites them. They much lament the losse of their Countrey man, Charls Stuart, but more the losse of their Revenue out of the Crown of England, which was half the support of this poor Nation. The Parliament here is in as great fear, and therefore hath almost as strong a Guard as the Parliament with you; parties here seem many and violent, but all will joyn unanimously against the Sectaries of England, or in any design for ruining of the godly party of that Nation: they intend to declare something against the taking away of the Kings life, and will endeavor to ground themselves upon breach of Covenant, which they make a Stalking horse, and a Cloak for all their villany, as the Presbyterians in England do under a uniformity of Church Government, though they confesse themselves, that no form of Church-Government is essential, or necessary to salvation being but a shadow, and lesse then nothing of the substance. All things are here in such great confusion, that it cannot be conceived by indifferent and unbyassed men, that they will be able to hurt England, unlesse there be a great occasion of difference to invite them. And let them pretend to what party they will, you will finde them but Robbers and Theeves, for enriching themselves, and destroying the free-born people of the English Nation. We have had two Pests by expresse come down this last week, it would be well to have some preventing care thereof for the future, and much I suppose might be discovered.
Newcastle, 2. Febr. Sir, We received our Post Letters a day after the time usual, but being in relation to the dispersing of the Proclamations (which came safe to our hands) we are not much troubled therewith. The Kings Speech upon the Scaffold, we expected would have been, not onely very satisfactory, but most judicious, by reason his abilities were so much spoken of by his party; but to deal ingennously with you, and all the world, We finde him thereby, not onely weak, but very wilful and obstinate; and for Religion the simplest of all carnal men of his principles in the world, except Doctor &illegible; He died like a desperate ignorant Roman; but nothing can we see in him tending to a true Christian, or the power of godliness: And indeed, no wonder that he made a scosse at it, seeing it &illegible; hid from &illegible; eyes; as &illegible; &illegible; whereby he might &illegible; saved &illegible; head, &illegible; &illegible; &illegible; repentance, and upon acknowledging of his &illegible; At which, the Court would have been so tender, that they had not in all probability taken away his life. But &illegible; heart must be hardened against the day of distruction. We are in quietness here, and little &illegible; and less fear of the acots advance into this Nation; if they do, we are well provided &illegible; them. Many &illegible; are loaden with Coals, and doubtless will much lessen the price thereof, in a very short time. We hear of no ships of the enemy on these coasts; so that ships &illegible; as secure now &illegible; Some extraordinary occasions in relation to the Garison, draws our noble Governor, Sir Arthur Haslering up to London; where he intends to be the next week, and some Officers of this Garison with him.
Before Pontesract Feb. 3. Sir We are glad the tall Cedar is faln so quietly the Shrubs may now the more easily be cut off. We are sorry to hear of Dives his escape, that was the author of spilling so much innocent blood, after one of our garrisons had surrendred to him upon honourable Articles. As for Loughborough, he was a meer Court flie, and very inconsiderable unlesse to strain a Complement however we fear the Keepers were too blame, and could wish the businesse might be examined. The Malignants mourn, and know not what to say, or think of this businesse of the King; the wel-affected I am sure much rejoyce at it. The enemy in the Castle had notice of the Kings Execution, at which they took courage to make a desperate fally, but were gallantly repulst in, with the lesse of one man; they are resolute still, but would be glad of terms, if they could get them; they indeed expect relief, either by open rising again of Malignants here, or privately; and to that purpose we hear of secret meetings and plottings; and they are not light reports, for we have made it a ground to send out parties to apprehend all plotters, matters, and such as were in the late war, which we hope will prevent the mischief. Major &illegible; in his Postage at Ferrybrlgs expressed much discontent and trouble at the proceedings of our Parliament and Army, particularly concerning the King. The Maior Gen. is returned from his hard work of disbanding, and is now at Carbrook.
The house of Commons sate according to former Order, to debate concerning the house of Lords, whether they should be continued a Court of Iudicature, or a Court consultary only (though they have lately past severall Acts in their own names, and all the Lords dissented with them in this whole proceedings against the King, and voted the supream power to be in themselves) this debate held till six a clock at night; the thing driven at, was, that it might be referred to a Committee, to consider what power or constitution their Lordships should have, but the season of the night requiring Candles, the house was divided, whether there should be any brought &illegible; or not, finish this debate, and it was carryed in the negative; so the house rose, ordering to resume this debate to morrow. The house of Lords site this day for a little time, and sent down the same messengers with the same Message as they did the last week, for appointing a Committee to ioyn with a Committee of their house to consider of feeling the Kingdom, but they were never called into the house. The Lords &illegible; till to morrow nine of the clock in the morning.
The High Court of Justice sate this day in the Painted Chamber, and there elected the same Lord President, Solicitor General Councel, with the addition of Mr. Steel (who is now well recovered.) And likewise, the same Serjeant, Clerks, and rest of the Officers as were before imployed in the tryal of the King. They agreed upon a Proclamation to be made by the Serjeant at Arms, in Westminster Hall, to this purpose, viz. That the High Court of Justice, had adjourned themselves till to morrow morning at nine of clock in the Painted Chamber; and such who had any evidence to give against the Earl of Holland, Earl of &illegible; Lord &illegible; Lord Capel, and Sir &illegible; &illegible; or any of them, were to repair to the said place at the same time, where they might be heard.
London, Printed for R. W.
The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.
From Tuesday February 6. to Tuesday February 13. 1649.
FOr bearance of speech is most dangerous, when necessity requireth to speak; and a bold speech upon a good Cause deserveth favour, and honour got by vertue, hath perpetual assurance, but grounded upon a rotten foundation, speedily fals to a ruinous condition; thus the Lord of hosts purposing to stain the pride of all glory, brings into contempt all the Honorable upon earth. And if God saith, Such as Honour me, Ile Honour; let no man say, I will Honor the person of the mighty, and shew favour to the wicked, For if ye have respect to persons in judgment, ye commit sin, and are convinced of the Law as transgressors, 2 sames 9. And again, ye shall not respect persons in Iudgment, you shall not be afraid of the face of man, for the Iudgment is Gods, 1 Deut. 17. Iustice corrupted for many years, and now thrice purified, puts the people in thoughts of Cruelty, because impartially executed; and the reason hereof, was, because evil Iudges punishing the purse, spared the person; this made Cicero cry out, That Laws were most destructive to every Nation, when not to every person put in equal and impartial execution. One pretends right from heaven to supersede it, others from Custome to be priviledged from it, and so make none but the poor lyable to it; but seeing the tallest Ceder hath tasted of her sury, let the lowest shrub hereafter drink the dregs of her displeasure: Thus shall not the wicked be Justified for reward, but punished by severe judgements, and then let the land sing for Joy, and the people proclaim peace in their borders, for God hath destroyed the troublers of Israel, and will now delight to cure all the malladies of the Nation.
In Order whereunto, the chief Doctors of the Nation this day consult for cure of one of the greatest, and most dangerous maladies of the whole Kingdom, which lay so deep in the bowels of this Common-wealth, and had so long incorporated it self therein, and compacted so much Malignant humors from the head, and all other parts of the said body to it self, whereby it became so ill disposed, that if speedy remedy be not taken therein, it would probably in short time endanger to infect the whole body: they debate hereupon whether to administer a violent purge, or a strong Vomit, but finding the operation of all former Purges to prove ineffectual, either for present ease, or absolute Cure, conclude, that the disease being desperate and dangerous, ought to have a desperate cure for its abolition, and therefore Order that a strong Vomit be forthwith applied, but because some were against this strong Potion, and inclined rather to a purgation, they divide upon the question, which take here at large.
The question was put, whether that house shall take the advise of the house of Lords in the exercise of the Legislative power of the Kingdom, in pursuance of the Votes of this house of the fourth of Ianuary last, it past in the negative.
And that this may stand as a Record to all succeeding Generations, as an approved Medicine for this dangerous malady, They past this ensuing Vote, viz.
Resolved upon the question by the Commons of England assembled in Parliament, That the house of Peers in Parliament is uselesse, and dangerous, and ought to be abolished, and that an Act be brought in to this purpose. And that no man deceive himself, in saying, All this is but one Doctors opinion; I can assure the Reader they were the maior part, 80 and odd then present.
And to take away not only the cause it self, but the effects of this disease, they further Voted, That neither the said Lords, nor their immediate or pretended servants should be priviledged from the Law, and ordinary proceedings thereof, but their Estates made as much liable thereunto for payment of debts, as any others.
But what if their Lordships have no Estates answerable to their Engagements, or have conveyed away such Estates in Trust, to avoid the payment of debts, must the people be without remedy herein? If they be no house of Peers, nor have any Cozen in the Throne to protect them, how comes it that their persons must not yet by lyable to Arrests and Imprisonment? They Vote it should be referred to a Committee, to consider how their Lordships should be elected Commoners, to serve in Parliament; And &illegible; us high time, &illegible; having found such great benefit by them for eight years together. That all Commoners committed unjustly by their Lordships, should be speedily discharged. And shall they not have leave to arrest the Lords upon &illegible; imprisonments? They vote likewise that their own Estates be lyable to Law for payment of debts; And indeed its high time, unlesse the people should be utterly ruined by that Monster, called Priviledge.
The Parliament, the better to take away the very sting of tyranny, and all jealousie of future oppression, by successive Kings, voted, That it hath been found by experience, and this house doth declare that the office of a King in this Nation, and to have the power thereof in any single person, unnecessary, burdensome and dangerous to the liberty, safety, and publique interest of the people of this Nation, and therefore ought to be abolished, and that an Act be brought in to this purpose. They elected a Committee of five, to make choyce of a Committee of Estates, which are not to exceed the number of forty.
The Corpse of the King was sent to Windsor, to be buried in St. Georges Chappel.
The High Court of Justice sate this day, and made further progress in receiving Instructions against the 5 persons to be tryed, who are to be brought to St. Jameses, from the several places where they are, That (if possible) they may be brought before the Court by Friday.
Reports were made to the House of Commons, of severall Examinations, and other papers concerning Ireland. That the Irish Rebels, and the rest are agreed. And General Preston, the Marquis of Ormond, the Lord Inchequeene, and the rest are all joyned in Confederacie with Owen Roe O Neale. And that their whole strength will amount to about 18000 Horse and foot. And that the Rebels have some 18 Ships, besides Ruperts, that is, all about 40. And they are all designed against Dublin, and parts neer, whither the Land Forces are speedily to advance to lay siege, And therefore there is required a speedy relief for gallant faithful Col. Iones.
The Commons passed instructions for the drawing up of New Commissions for the Judges, that so if the new great Seale be ready, their Patents may be passed to sit, the Tearme beginning on Friday next: And the House also passed a Vote as followeth,
Resolved upon the Question by the Commons in Parliament assembled, that the Lord Chiefe Justices, and other the Justices of the severall benches, the Lord Chiefe Baron, and Barons of the Exchequer, are required to meet Mr Speaker, Mr. Love, Mr. Say, and Mr. Hill, to morrow morning between seven and eight a Clock, at Mr. Speakers House at the Rolles.
Hen. Scobel Cler. Parl. Dom. Com.
To the Right Honorable, the House of Commons in Parliament assembled.
The humble Petition of the Justices of Peace, Grand Jury men, and other Gentlemen at
the Quarter Sessions holden at Hereford for the same County. Jan. 9. 1648.
Sheweth,
THat being sensible of the miseries of this poor almost wasted Kingdom, and of the long continued sufferings of this County in particular, and finding by experience, we had been all brought to extream misery, and total ruine before this day, had not God appeared as wonderful with, and for the General, Lieutenant General, and their faithful Commanders and souldiers of late, as ever he did by miracles for his People of old; and in our apprehensions, there being under you no other visible means or power, by whom God doth appear to save this poor Kingdom from the bloody Irish, that party of persidious, plundering Scots that last invaded our Kingdom, together with the Malignant, Trecherous English, then this present Army, whose valour God hath made a terror to all our enemies; do therefore humbly propound that you will heare the General, and General Councel of the Army, in all things tending to the speedy settlement of this Kingdom, that as one man, we may joyn together to oppose what force soever shall invade us. That you will take a speedy course that all Treasurers, Committees, and Sequestrators be brought to a speedy and strict account. That the best advantage be made of all Sequestred estates, and the general receipts of the Kingdom may be improved for the publike, with the best advantage. That you will take a special care for the payment of the Army, and with all possible speed take off the great burthen of Free Quarter, that no man be forced to give Free, Quarter unlesse he deny, or delay payment of his Assessment. That the Salary, or allowance of men in publick Imployments, may not exceed, during the continuance of our great payments. And that no man may be forced to serve the State at his own charge, from the greatest to a petty Constable, That all such persons as be in any publick imployment, that lengthen our miseries, by turning with all windes and tides for their own advantage, may be put out, and all opportunities taken to put an end to our troubles, that the generation to come may bless God for some that continued faithful. That you will send forth men of able gifts and parts to preach the Gospel to those that sit in darkness. And lastly, give us leav to present the great sufferings of this County, by paying in al paiments, almost, (if not altogether) double as much as any adjacent County, occasioned formerly by difference, and malice, between some of the chief houses, and families of our County, and our great sufferings when the &illegible; lay so long before Hereford; the many thausand pounds that have been collected from us to disband Colonel Birches Regiment, of which (we never received one peny) and others raised since; and yet never being freed from free-quartering, unless it were for some few weeks.
All which, we hope, you will take into consideration, in convenient time, and in all your good endeavours, tending to a speedy settlement of this Kingdom, we will to the utmost of our power, as God shall enable us, assist you and your faithfull Army, under the Command of the General.
And shall pray, &c.
Thomas &illegible; Iohn James, Thomas &illegible; Francis Pember, Henry Williams, Thomas Seaborne, Esquire, the Mayor of the City of Hereford.
Iohn Vernal, Thomas Andrews, Iohn Lenitoll, Anthony &illegible; William Clark, Iohn Taylor, Richard Gwatkin, Thomas Church, Iohn Leech junior, Iohn Lufton, Thomas Eynion, Iohn Simmonds, Rowland Bethel, Iohn Colley, William Marsh, Thomas Williams, Francis Sheward, William Brown, Thomas Danet.
Sir Iohn Bridges, Knight and Baronet, Robert Higgins, Thomas Higgins, Arthur Cockerham, Robert Flacket, Thomas Careles, Oliver Chambers, Francis Walker, Miles Hill, Francis Pember junior, Henry Williams, Iohn Herring, Verney Higgins, Tho. Hewet, Francis Bisield, Alex. Garsson, Iohn Pembridg, Will. Careles, Iohn Wolfe, Phil. Sterky, Joseph Parshal, Edward Hussey, Iohn Adis, Iohn Chomley, Tho. Williams, Iohn Walsam, William Williams, James Woodhouse, Iohn Harris, Edward &illegible; &illegible; Wallaston, William Hooper, Richard &illegible;
The Gentlemen that presented this Petition, were by the Sergeant of the House called unto the Commons-Bar, where Master Speaker told them, that he was commanded by the House, to give them hearty thanks for their Petition, and for their affectionate expressions therein, who did assure them that the House would take all possible and speedy care, for the setling the case of the Kingdome; and that the particurats in their Petition, should be taken into their serious consideration in convenient time.
WHereas Charls Stuart King of England, being for the notorious Treasons, Tyrannies and Murthers committed by him in the late unnatural and cruel wars, Condemned to death, whereupon, after execution of the same, several Pretences may be made, and Title set on foot unto the Kingly Office, to the apparant hazard of the publick Peace: For prevention thereof, Be it enacted and Ordained by this present Parliament, and by Authority of the same, That no person or persons whatsoever, do presume to Proclaim, Declare, Publish, or any way promote Charls Stuart, Son of the said Charls, commonly called, the Prince of Wales, or any other person to be King, or chief Magistrate of England, or Ireland, or of any the Dominions belonging to them, or either of them by colour of Inheritance, Succession, or Election, or any other claim whatsoever, without the free consent of the people in Parliament first had, and signified by a particular Act, or Ordinance for that purpose, Any Statute, Law, Usage, or Custome to the contrary hereof in any wise notwithstanding. And be it further Enacted & Ordained, and it is her:- Enacted and Ordained, That whosoever shall contrary to this Act, Proclaim, Declare, Publish, or any way promote the said Charls Stuart the son, or any other person to be king, or chief Magistrate of England or Ireland, or of any the Dominions belonging to them, or to either of them, without the said consent in Parliament, signified as aforesaid, shall be deemed, and adjudged a Traytor to the Common wealth, and shall suffer pains of death, and such other punishments as belong to the Crime of High Treasen. And all Officers, as well Civil as Military, and all other wel-affected persons, are hereby authorized, and required forthwith to apprehend all such Offendors, and to being them in safe custody to the next Justice of the Peace, that they may be proceeded against accordingly.
ORdered by the Commons Assembled in Parliament, That this Act be forthwith Printed and Published.
H. Scobell, Cler. Parl. D. Com.
THe Parliament of England now Assembled, doth Declare, That they are fully Resolved to maintain, and shall, and will uphold, preserve and keep the Fundamental Laws of this Nation, for, and concerning the preservation of the Lives, Properties, and Liberties of the people, with all things incidant thereunto: with the Alterations touching Kings and House of Lords, already resolved in this present Parliament for the good of the people, and what shall be further necessary for the perfecting thereof; And do require and expect, That all Judes, Justices, Sheriffs, and all Officers, and Ministers of Iustice for the time being, do administer Iustice, and do proceed in their respective Places, and Offices accordingly; which resolution, with the Reasons thereof, shall be hereafter published in a larger Declaration touching the same. And it is hereby Ordered and appointed, That this Declaration shall be forthwith proclaimed in Westminster-Hall, and at the old Exchange, and the Iudges in their respective Courts at Westminster, and at the first sitting thereof, are to cause this Declaration to be publickly read; and the Sheriffs in their several Counties are to cause this Declaration to be likewise published.
ORdered by the Commons assembled in Parliament, That this Declaration be forthwith Printed and Published, and that the Members of this House do take care to disperse the said Declaration into the several Counties with all speed.
Hen. Scobell, Cleric. Parliamenti.
Here you have the rest of the Relation of Marshal Gassions life and death.
IN the yeer 1635. he utterly routed and cut in pieces ten companies of foot of the enemy near Espiral: At Brugeres Dompayr, and about the Town of Ramberuilliers in several encounters did overthrow above sixteen hundred of the Lorain forces, whereof above 900 were slain on the place, with great store of prisoners, and 400 horse taken; in the Country of Bassigni he defeated two of the Duke of Lorains own Troops, and brought away their Colours: After that he relieved the Castle of Cheste neer Mirecour, in the view of the Lord Chincham, and afterwards he beat up his quarters, and took all his Baggage, and carried away three Cornets, killed him two hundred men, and took neer three hundred Prisoners, took from the Duke of Lorain the Towns of Charme and Newcastle, and slew many of the Enemies.
In the year 1636. He put to flight two Companies of Croats neer Mirecour, and did after gallant service under the Marques de la Force, (who was then the Commander in chief over the French forces) and there gave testimony of his valour in the overthrowing of 2000. Imperialists, close to the Gates of Raven, where their chief Commander, Colonel Coloredo was taken prisoner.
In the year 1637. He beat up the Quarters of some Imperial forces in the County of Luxemburg, and slew above two hundred of them: a while after, in another encounter, he routed twenty seven Cornets of Spanish horse, whereof 300 were slain on the place, and many prisoners, among them some of quality, Dom Alonso de Vicurs, brother to the Lieutenant General of the Spanish horse in Flanders, being one of them; he carried away all the Cattle from about Monts, having at one time carryed away 6000 head of Cattle, and coming back he took a Convoy of the Enemy, most part of the souldiers being slain or taken.
In the year 1638. At the siege of Castelet he killed with his Pistol the Lieutenant Colonel to General Pycolomini, and that with so much valour, that the Gen. hearing how it was done, did desire that he might have some conference with our Colonel, which was granted accordingly.
In the year 1639. Being under the Command of Marshal la &illegible; coming to the Castle of Tinque neer Arras with 1500 men, he made the Castle yield to him, and from thence going on his way towards Manicourt, he took a Tower, where 200 men had an intent to make good the place against him, and having taken the same, he slew all that were found in Arms: he shewed no lesse valour to suppress the risings that were happened in Normandie, and therefore was chosen by the King to scatter those new upstarts, who were then Commanded by one of no great worth, and known by the name of Vanupied, which after he had broke them, and put them to flight, he slew many on the place, and brought away their Colours, which afterwards he presented to the King, all their chief Commanders being taken Prisoners.
But this routing of them having not quite quelled that insurrection, in a short time he became master of Caen, a very considerable place in lower Normandie, and of some reasonable strength, where being entred with his soldiers, took possession of all the chief places in and about the Town, he disarmed the Citizens, upon suspition that they did favour those that were revolted, which done he sent 500 horse and 1000 foot souldiers to Auranches, a place also in Normandie, where the new raised people had gathered in a great number, and thought to have made some great opposition, but coming to trie it out by the sword, he put them to the worst, having slain 300 upon the place, and put the rest to a disorderly retreat, among them were their chief Commanders, and many others taken prisoners.
In 1640. He was commanded, together with the Lord Vicount Monthas to guard our men that went daily to fetch in provisions, during the time we were at the Leagner before Arras, and to that end he had given him under his Command 600 horse, and 700 musketiers, but the enemy having notice thereof, had thought to draw him into an Ambuscado, there being two hundred horse appointed to draw him on, and engage him in a fight, while their main body, which was not far off, and consisted of 3000 horse, was ready to have fallen upon them having the least opportunity offered; But this Colonel Gassion did so order the business, that the foot having made way for the horse to come through their small Body, upon their first charge they fell so violently upon the Enemy, that the greater part of them were slain and taken prisoners, the rest being gone with all speed to their main Body, who seeing their ill success, had but small courage to proceed in their design, But rather thought it safest to remain where they were, till some better occasion.
In the year 1641. having received Order to besiege a small Town called Lilers, which is about three leagues distant from Aire, where the enemy did brag and boast much that they would hold that place a long time, he carried himself so valiantly, and so diligently, that the enemy fell much short of their great hopes, and lofty pretensions, for no sooner was he come before the place, and summoned it, and shot some volleys of small shot against those that kept some our works, because his Ordnance was not yet come to him; the enemy knowing well his disposition, and that he was not one that would lose time, but went roundly to work therefore thought it their best & safest way to come to a Parley, and so having begun a treaty, had Articles granted them, and the place was delivered up to him.
It is though for a Commander to be valiant and couragious in the midst of his souldiers, but to undertake things single, and parted from his men, is even to go beyond Hercules, this Colonel undertaking to go alone against the enemy, and indeed his fortune was so extraordinary, and his valour so transcendent, that he aymed at nothing more then the purchase of glory and honour, although his life were never so much exposed to perill and danger, but he intended not to follow and imirate the common and ordinary way, but thought it more honourable to tread upon new and unknown paths therefore that which might seem strange in another, is very well accepted of him.
Having notice given him, that the Croates had carried away some horses from the Prince &illegible; he went with all speed to meet that party, taking with him only some of his own Troop, and having met with a ditch, both deep and wide, he without any fear of the danger, did presently venture to go over, having made his horse to swim through the water, being of a great depth, and by that meanes his men not being able to follow after him, he alone did charge the enemy, and before his men came up to him, he had slaine five on the place, put the rest to flight, and brought back three of our men, which they had before taken prisoners, and all the horse, with other spoile that they had with them.
Under the said Marshall de le-Mesteraye (who is so famous for the taking of many strong Townes and holds) he shewed his valour, at the siege of Ayre, and also did manifest his unwearied affections and courage, no lesse constant then full of magnaminitie, he being observed to have remained on horse back fourtie houres, without any intermission, and unlesse he was commanded upon a party, or to venture upon some bold enterprise, he would not at all be far from the Trenches.
In the same yeare 1641. he defeated near the Basice seaven Troops of horse of the Croates, who were Commanded by Count Lodowick, whom he thought a difference between a Commander that is watchfull and diligent, and another on the contrary that is careless, and thinks himself to be in security, as a Earl did at that time, who found himself in miserie before he had foreseen the evill which was to fall and selfe upon him, for this Colonel having beaten up his quarters, did not only slay the best part of his men, besides many prisoners taken, but he gave him so cold a breakfast that he forced him to fly for his life into Lile, having cut off most of his life guard, taken all his baggage, all the horses, waggons, all the women that were found, his Lady not escaping, but were all carried prisoners, not that the Colonel did ever affect that kinde of goods, for all his life time could not ever finde any action in him, whereby his credit and reputation might be stained in the least degree, but his only aime was to procure a good ransom, as he did afterwards for some of them.
In the year 1642. Being then under the Command of Marshall Grammont, he had order to beat up the quarters of the Croats, near Lile, upon which enterprise, although it was an exceeding dark night, a tedious raine, with other things, able to turne many others from the like undertaking, yet he resolutely went on, and for an incouragement to his Souldiers, did often tell them, that those were the only times when they were likely to do some good, and to prevaile upon their enemies, seeing at that time they did least feare, and therefore stood least upon their guards.
In the yeare 1643. being then under the Command of Duke de Enghien at the battle of Rocroy, by the judgment and censure or this Prince, who is the fittest of any to decide it, he being an eye witnesse of his Actions in that fight; he then most gallantly relieved the Iown of Rocroy, which was then besieged by the Count d’Isembourg: he shewed no lesse valone and courage at the great battle fought near that Town, for he brought in one hundred Fire locks, and made so good use of them, that he made them a chief means to break many small bodies of the enemy, which were advanced very far, and beat them back, having also charged their Van so furiously, that though in all likelihood the Spaniards were like to have the better, and to get the day, yet he did so turn the businesse, that at last he broke their main body, and obtained a most famous and glorious victory, where the enemy received such a blow, that they do not yet forget it, but the bleeding wounds thereof are not well closed up; in this fight he was ever carefull to observe punctually such orders as he received from the Prince, who did afterwards certifie the same unto his Majesty; being under the same Prince at the siege of Thioaville, he did no lesse approve himself valarous, and how undesatigable he was upon any occasion for the Kings service, being alwayes present at all the works that were done about the town during the siege, and in imitation of the Prince, made slight of all dangers which could be conceived to be upon the undertaking of any enterprise, and being imployed about the finishing of a work about the side of a &illegible; he received a musket shot in the head, of which he escaped miraculously, being it was contrary to all mens opinions.
In the year 1644. Under his Royal Highnesse, he took severall Forts about Gravelins, and at that siege did act according to his accustomed manner.
This day the Commissioners for tryal of the five persons aforesaid, kept a Fast, to humble themselves, and call upon God for his assistance in that great work.
Rails are this day putting up in Westminster Hall, and the prisoners (according to the Order of the House of Commons) are sent for to be brought to St. Jameses.
This morning the Judges met Mr. Speaker at the Rolls, according to the Order of the House of Commons, and six of them are to have Commissions, being fully satisfied of the sufficiency of the legal Authority of the Commons, which six are these, viz. Of the Kings Bench, the Lord chief Justice Rolle, and Judge Jerman; of the Common Pleas, The Lord chief Justice St. Iohn, and Judge Phesant; and of the Exchequer, the Lord chief Baron wild, and Baron Yates. The other six, (viz.) Iustice Bacon, Iustice Brown, Sir Tho. Bedding field, Iustice Croswel, Baron Trevor, and Baton Atkins are out.
Some time was spent this day about the perfecting of the Commissions for the said Iudges that are to continue, and about their Oaths, &c.
The new great Seal was this day brought to the House, and approved of, and the Commissioners were Ordered to fetch in the old great Seal, which was brought in, and broken in the House of Commons. The Commissioners for the new great Seal, are, Mr. Kibble, Mr. Lisle, and Mr. Whitlock. Some instructions passed concerning the same.
The Commons chose a Committee to bring a List of Iustices of the Peace, that in all parts the il affected may be put out, and honest men chosen.
An Act passed for supplies of the Navy for present service, and the Commons Ordered That M. Humphrey Edwards, Mr. Weaver, and Mr. Liechmore be added to the Committee of the Navy. Some instructions also past for the rewarding of such as shall take, or bring in any of the revolted ships to the obedience of the Parliament.
The Commons were acquainted that the Corps of the late King was sent to Windsor to be interred too morrow night in St. Georges Chappel, and that some persons of honor desired leave to wait upon the Corps; the House Ordered that leave should be given to the Duke of Richmond Marquis Hartford, the Earl of Lindsey, the Earl of Southampton, and Doctor Juxon to go thither to see the said Corps interred.
The House of Commons this day according to former Order, considered of the great delay of Iustice in this Kingdom, and exceeding prejudice to the people, by Iustices of Peace denying to apprehend sellons, or to act in relation to a Iustice of Peace, because their Commissions run in the name of the late King, and not in the name of the Parliament; for remedy herein, they made choice of a Committee to consider, and bring in another form for Iustices of Peace, whereby they may be left without excuse when required to Act by Command of the present Parliament of England.
The House having lately Ordered that business concerning the Election of the L. Gen. and Col. Rich to serve for Cirencester, be reported from the Committee appointed to consider of that business, who had before Voted the said Elections good; the said Committee, in prosecution of the said Order, made report this day to the House of the whole state of that business, and the matter of fact thereupon.
The House being fully satisfied that the said Elections were good, Ordered the same by way of confirmation according to the said report; and likewise that the Clerk of the Crown should come to the Bar of the said House, and mend the said returns, to the end the Lord General and Colonel Rich may speedily be admitted Members into the said house.
This day the high Court of Justice for the tryall of Iames Earle of Cambridge, George Lord Goring, Arthur Lord Capell, and Sir Iohn Owen Knight, sate in the usuall place in Westminster hall, to which place, after an Act of Parliament for the tryall of the said persons, and the names of the Members of the Court, being about 50. present, the prisoners were together brought to the Bar, and the Lord President having made a short Speech of the occasion of their coming thither in order to their Tryall, upon severall acts of Treason, and high crimes brought in against them, they were all commanded to withdraw, except the Earle of Cambridge; this done. Mr. William Steele, Attorney Generall for the Common wealth, addressed himselfe to the Court, and in a very acute and learned manner for forth the notoriousnesse of the facts, of which the Prisoner at the Bar was &illegible; by his invading the Kingdome, and committing many murthers, and Rapines, and all this under the pretence of the Covenant, so that as the War was called Hypocritarium bellion, he might be justly tearmed Hypocritarium Princeps, and therefore desired in the name of the people of England, his Charge might be read to him, and he to make answer to it. After the Charge was read, the Earl of Cambridge pleaded, That he was of another Nation, and what he did, was as a servant to that Kingdome, and not as a contriver of it, neither was he ever naturalized Earl of Cambridge that he knew of, that he was a Prisoner of War, and had Articles given him. Then the Act for the naturalization of his Father was read, and so consequently of him, being his Heir. Then the Lord Goring was brought to the Bar, who after the Charge against him read, pleaded not Guilty, and so was dismissed, behaving himselfe in a very submissive and respective manner to the Court.
After him the Lord Capell was brought to the Bar, who having heard his Charge read, pleaded, That he was a prisoner to the Lord Generall and had conditions given him, and life promised him at Colchester, and that all the Magistrates in Christendome, if they were united, and combined together, could not call him in Question. Which being entred as his plea, he was commanded to withdraw, which he did, having from the beginning to the end of his staying there not at all minded, or so much as looked upon the Court, but upon the people of all sides, with a grim and austeer Countenance. The last that was brought to the Barre was Sir John Owen, who after his Charge reading, pleaded, Not guilty of a word of it, and so the Court was adjourned till the next day.
The Commons past instructions for the sending over of the Regiment designed speedily for Ireland, and for raising of other forces to be sent over under Colonel Moor. A new Oath passed for such to take, who shall for the future be made free men of the City of London. Divers Orders and instructions passed, for me altering of the seals of divers Courts, in order to what hath already been done, in order to the seeling of the several Courts of Justice.
This day the High Court of Iustice sat again in Westminster Hall; the Commissioners named, there appeared 47. The Earl of Cambridg was brought to the Bar, and it was moved by Mr. Steel that he might answer to his Charge. The Lord President requiring his answer, the Earl of Cambridge desired time to put things into a method, and that he might send to Major General Lambert, by whom he had Articles given, and also into Scotland, from whence he received his Commission. Then the Court gave him time till Tuesday next to answer, and upon his motion for Counsel, he had liberty to name them, which he said he could not, not knowing any one Councellor in England. The Earl being withdrawn, the Lord Capell was brought in and being demanded to plead in chief to his Charge, he insisted upon the Articles at Colchester, whereby he had fair quarter given him, and that all the Gowns in the world had nothing to do with him; then the Court gave him further time till Tuesdy next, to which they adjourned, to meet first in the Painted Chamber, and afterwards in Westminster Hall, which is in brief, the sum of the whole proceedings against the said persons these two dayes.
By Letters out of the West we understand, That Falmonth men of War have lately taken ten prizes on those Coasts, and are comming away with them.
Capt. Peacock hath, taken, and brought into the river of Thames a Flemish Hull of 400 Tun, laden with Sugar, Tobacco, Powder, and other Provisions, to a great value.
The Earl of Antrims Frigot, with 30 Guns, and 15 men brought into Plimonth.
From S. Mary Autre Feb. 10. The Ministers in Devon are very angry with the Army, they all fearing that the thing called Tythes is the next thing in the Forge that must down. The Ministers Letter of London was read here in the Pulpit by one Mr. Bull, Jan. 28. but a party of &illegible; from Tetrington fetcht him in, to know what order he had for it, but after he was convinced of his errour, and security given for him, that he should never speak or act against Parliament or Army for the time to come, he was set at liberty. The like was done at Apsom to Mr Short.
His Excellency hath this week given orders for the disbanding of Major Gen. Ashtous, and Col. Nich. Shuttleworths Forces, in regard of the great burthen they are to the Country.
From Newcastle. Nothing but a second Charles will please the Scots, or rather indeed, nothing but a War with England, for they are so proud and beggarly, that they cannot contentedly see a good Country lying so near them, enjoyed by any but themselves.
Yesterday Lieut. Gen. Middleton, who was a prisoner upon his Paroll at Alnwick, broke his engagement, and is gone for Scotland: What saith is there to be kept with Hereticks, saith the Kirk?
Sir,
I received yours this Post, and am glad to see things go on so well, and so fast, I pray God it may hold, till the whole work be finished, and all injustice brought down: I fear the time limited in the Agreement, for ending this Parliament, is too short, and that the many great and necessary affairs to be concluded and done, will in that time be left undone: Besides, for these far distant places from London, I fear the rules propounded in the Agreement, with the short time limited therein for returns, cannot possibly be observed; so that I dare say the time mentioned for the next Parliament to meet, will not possibly be kept here, according to the rules for election, there being no care also taken (in these malignant Counties) to advance or promote the same; so that I wish there were a longer time for the continuance of this, and for the electing of the next Parliament. Neither do we understand here yet what the Parliament hath done upon the Agreement presented to them.
Affairs here yield little of novelty. The enemy in this Castle holds out still, but begin to be in distresse; at least half of them within the Castle are sick. Capt. Wel. Poulden, that commanded the Partie when Rainshorough was killed, is dead. This unseasonable weather makes our Works go un slowly and is a great discouragement to our men, their duty being so hard. We have strong alarms of secret parties lying to relieve this Castle, I know not what may be attempted, but we have taken all care possible to prevent it.
There came forth an excellent Book this week, very usefull for the Kingdom, entituled [The way to peace and unity among the faithfull, and Churches of Christ] written by William Dell, and printed for Giles Calvert, at the black spred Eagle at the well end of Pauls.
For the Funerall of the King. Four of the Kings servants, Mr. Herbert, Mr. Mildmay, Mr. Ducket, and Capt. Preston were appointed for the interring of the King, which was done on Friday; those four Gent. had orders to inter him either in the Quire, or Chappell at Windsor. In case the Duke of Lenox came, it was left to him, to bury him where he pleased.
The four Gent. viewed the places, and thought fit to lay the King near Edward the 4. from whom this K. Charles was lineally descended, although they knew there was a Vault where Hen. 8. lay; but in respect K. Charls never affected Hen. 8. because he sold the Abbey Lands, they did not make choyce of that Vault, till such time as the D. of Richmond came, who made search for Hen. 8. Vault in the middle of the Quire, where was found Hen. 8. body, and the Lady Jane Seymar, and there was room for one body more. The King said often, and the other day at Windsor, that Hen. 8. was never buried, because he invaded the Church lands; but the businesse being then at the &illegible; disposall, the King was buried with Hen. 8. in his Vault, and so there lie two of the greatest Tyrants that ever were in England. Upon Hen. 8. was found purple Velvet, which was buried with him, & upon K. Charls his Coffin was laid a black Velvet cover. The first night the King was brought to Windsor, he was brought into his bed-chamber, the next day the Deans Hall was prepared with mourning, then he was brought thither, the room being made dark and lightned by Torches, where the body was, till the time of buriall, which was about two in the afternoon: The D of Lenox caused this Inscription to be cut in Letters and put upon the Coffin [King Charles 1648] The manner of his cariage to the Grave thus; The Kings servants that waited all the time of the Kings imprisonment went before the body, the Governour and Dr. Juxon went next before the body; the four Lords, Richmond, Hertford, Southampton, and Lindsay carryed the four corners of the Velvet over the Corps, which was carryed by souldiers. It was desired by the D. of Richmond, that the Bishop might use the Ceremonies used at the buryall of the dead; but it was the opinion of the Governour, and those Gentlemen imployed by the Parliament, that he ought not to use the book of Common prayer, although the Parl. did permit to use such decency as the Duke should think fit; but if the Dr. had any exhortation to say without book, he should have leave, but he could say nothing without book.
Feb 12. A Proclamation was this day made by his Excellencies own Trumpet to this purpose, That whereas many souldiers, under pretence of desiring bread and meat at several Merchants, and other houses of Citizens, had committed several outrages, and likewise exacted from the Inhabitants much money. These were to require them under pain of death, to enter any Merchants, or other house whatsoever in the City, or late lines of Communication, except such as are Victualling houses, and others which sell victuals, and so as they make full and just paiment for what they buy and bargain for. And whereas severall abuses have been committed by souldiers, and others who put themselves in the habit of souldiers, by leising Delinquents, and under pretence of searching for such persons, have committed severall Robberies, and done much prejudice to the City, and parts adjacent: All souldiers were likewise requited thereby to forbear to enter into any house upon what pretence soever, for searching for Malignants, or otherwise, unlesse they have an Officer with them which may be accountable for any losse, or detriment to the parties searched.
A Letter this day came from Scotland, that Friday last but one, 1 February Instant, Charls the second was proclaimed King of great Brittain, (which includes the three Kingdoms) and Ordered by the Parliament of Scotland, to be proclaimed in the same manner in all Parish Churches, and at all Market Towns in that Nation.
Febr. 11. The House this day debated the Circuits for the Judges to got next Vacation, and proportioned the same for each of the six Judges, passing an Act for that purpose. A certficate was read from the present Doctor and Apothecary of the Earl of Holland, that his condition was so ill, that if he came up for London, he might perish there, if not before his coming thither, in the way. A Petition was read likewise from the Countess: of Holland, and other Ladies, in favor for him; The House ordered this weak, and dissembling excuse to the Commissioners for the high Court of Iustice to send for him, if they should think fit. Away with this Jugling at last, or all your former honour is last. They appointed Colonell &illegible; of the Army, Colonel Popham, and another, which I came not, to be added to the Commissioners for the Navie, to give an account of, and manage that great businesse from time to time. Much was done at the Committee in relation to Iustices of Peace. That no Member that voted the 8. of Decemb. last that the Kings Concessions were a ground for a settlement, or such as contrived, promoted, or signed the late Petitions for a personall Treaty, should continue any longer in the Commission of Peace, but others appointed in their stead.
London, Printed for R. W.
Imprimatur G. M.
The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.
From Tuesday February 13. to Tuesday February 20. 1649.
THE end of Victory is Peace and Freedom, but slavery after conquest, adds much to former misery: He that promises speedily, and is long in performance, is but a slack friend; and he that performs not according to trust, layes himself open to the fury of the multitude. That foot deserves best the pinch of the shoe, that wears it; and an English back will not too long bear the burthen. When a disease is past curt, the Patient can expect no remedy; but If the Cure be facile, the Doctors negligence ought to be questioned. If the disease be desperate, all remedy is endeavoured, by altering the Physitians, so prompt is Nature to preserve it self; and though this alteration proves sometimes unfortunate, yet many times most happy: but its possible by others faults, wise men may correct their errors, and give those testimonies of fidelity, which may occasion a mutuall antity, which cannot be expected, till this burthen be eased, and the sicknesse cured.
The Estates of Parliament conveened in this second Sessions, of the second Trienniall Parliament, by vertue of an Act of the Committee of Estates who had power and authority from the last Parliament, for conveening the Parliament, considering, that forasmuch as the Kings Majesty, who lately reigned, is, contrary to the Dissent and Protestation of this Kingdom, removed by a violent death, and that by the Lords blessing there is left unto us a righteous heir, and lawfull successor, Charls Prince of Scotland and Wales, now King of great Britain, France, and Ireland; We the Estates of Parliament, of the Kingdom of Scotland, do therefore most unanimously and chearfully, in recognisance and acknowledgment of his just Right, Title, and Succession to the Crown of these Kingdoms, hereby proclaim and declare to all the world, that the said Lord and Prince Charls is, by the Providence of God, and by the lawful right of undoubted Succession and Discent, King of great Britaine, France and Ireland, whom all the Subjects of this Kingdom are bound humbly and faithfully to obey, maintain, and defend according to the Nationall Covenant, and the Solemn League and Covenant betwixt the Kingdoms, with their lives and goods, against all deadly, as their only righteous Soveraign Lord and King; and because his Majesty is bound by the Law of God, and fundamental Laws of this Kingdom, to rule in righteousness and equity, for the honour of God, the good of Religion, and the wealth of his People;
It is hereby declared, That before he be admitted to the exercise of his Royal power, he shall give satisfaction to this Kingdom in these things that concern the security of Religion, the unity betwixt the Kingdoms, and the good and peace of this Kingdom, according to the National Covenant, and the Solemn League and Covenant; for which end, we are resolved with all possible expedition to make &illegible; humble and earnest Addresses unto his Majesty: for the &illegible; of all which, We, the Parliament of the Kingdom of Scotland publish this our acknowledgment of his Just Right, Title, and Succession to the Crown of these Kingdoms at the market Cross at Edinburgh, with all usual Solemnities in the like cases, and ordain his Royal Name, Portract and Seal to be used in the &illegible; writings, and Judicatories of the Kingdom, and in the Mint-house, as was usually done to his Royal. Predecessors, and Command this Act to be Proclaimed at all the Market Crosses of the Royal Burghs within this Kingdom, and to be Printed, that none may pretend ignorance.
This was done by the whole Parliament, the Lords all in their Robes, the Cross was richly hanged, the Chancellour brought up the Proclamation, read it to the King at Arms, who proclaimed it the City being in Arms, making a great &illegible; and &illegible; the great Guns went off. Its decreed to send four persons of eminency to invite their proclaimed King to come in upon the conditions exprest in the Proclamation; these four will be one Earl, one Baron, one Burgesse, and one Divine. There will be speciall care had, notwithstanding this, to leave out, or not to have to do with any who were in the late engagement, or that have been in Arms formerly against either Parliament; and Prince Charls must quit all that party, if he expect welcome at Edenburgh, which its believed he will do, and leave the others to shift for themselves in Ireland.
The Commons passed some Votes for paying those Northerne Forces that are to be disbanded. They also passed Instructions for Colonell General Lambert, concerning those Northern Forces which are to continue, and be of the establishment.
The committee appointeed, made Reports of the Councell of State, brought in their Instructions, and the names of 37. Gentlemen, some Members of Parliament, and some Judges of the Courts, the time to be for one yeare: The whole was read, but nothing done this day by the House, either concerning the names or place; But the House considered of the Instructions and power that should be by way of Commission, to such as shall be authorized to be Commissioners of State for the Government of the Nations of England and Ireland; And passed their instructions for the ordering of the Militia, the governing of the people, the setling of Trade, the execution of the Lawes, and all other things for the safety, defence, and good of the people; and referred the consideration of the names, and the place, with some other circumstances, untill another time.
In the after-noone the House being againe &illegible; the Committee brought in an Act for the sale of &illegible; and &illegible; Lands, which was read, the manner is by a Committee and Contractors, and all other things much like the manner of the sale of Bishops Lands, with instructions also for the Leases at such and such a value.
The Commissioners of the High Court of Justice met this morning in the printed Chamber, and spent much time in preparations, in order to the Triall of the Lord Capell, and the Earle of Cambridge, and the Articles and other papers, in relation to the Lord Capell, about the quarter granted to him, were perused by the Councell; and his Excellency the Lord Generall, Commissary Generall &illegible; Colonel Whalley, Col. &illegible; Master William Clarke, with others were sent to, and desired to be at the sitting of the Court in Westminster Hall, to give in their. Testimony concerning the Lord Capell, in case he did further insist upon the Articles of Mercy, to which he had before so much pressed.
This day the High Court of Justice &illegible; in Westminster Hall; first the Lord Capell was brought to the Bar; The Attorney Generall moved, that this day being assigned for the Prisoner to make good his Plea, it was desired in behalfe of the Common-wealth that he might make it good if he could. The Lord President told him that he had put in a Plea, concerning Articles, for proofe whereof the Lord Generall was then present, and that if he had any thing to aske him, he had liberty, if not, the Councell for the Common wealth were to offer what they could in proofe of it. Then the Attorney went on, and produced first the Lord Generals Letter that he sent to the Parliament upon the rendition of &illegible; and the Articles, and the explanation of the Articles, whereby, and upon the Testimony of the Lord Generall, Commissary Generall, Col. Whaley, and Col. &illegible; it appeared, that he &illegible; to have faire quarter for his life, which was explained to be a freedome from any execution of the Sword; but any protection from the judiciall proceedings of a civill Court, and mercy, was explained, to be only from the promiscuous execution of the Sword, but so, that he might be tryed by a Councell of Warre.
And it was clearly proved, That the Articles were only to save him from the present power of the Sword to take away his life; and Col. &illegible; declared upon Oath, that the night after, he being with the Lord Capell, his Lordship said, That they were dealt hardly with, and asked him what he thought the Parliament would do with them; and that he then told him, That the Parliament had declared some of them &illegible; and that he did not know what they would do, but did believe, seeing that they had declared them to be Traytors, that they would proceed against them upon that account.
The Councel moved for judgment against him, to be Drawn, Hanged, and Quartered, at which he was much astonished, and after a short speech made to the Court, he said, That however he was dealt with here, he hoped for a better &illegible; hereafter.
Afterwards the Earl of Cambridge was brought to the Bar, who was required to make good his Plea; he said, That he was thankful for that time the Court &illegible; him, but that it was so short, that he could not be provided, nor did he &illegible; know the names of any Councel, but now he hath got the names of four, which he desired might be assigned him, (viz.) Mr. Hales, Mr. &illegible; Mr. Parsons, Mr. Herne, and a Civilian (viz.) Dr. VValker; the Lord President said, That the Councell for the State were but four, and bid him name what four he would, and then he named Mr. Hales, Mr. &illegible; Mr. Parsons, and Dr. VValker, which was granted to him.
He desired leave to have sent to Scotland, and farther time; It was answered, That it was for prisoners to prepare their, proofs against their Tryal, he having been in prison so long: the Earl of Cambridge said, That during his 6 &illegible; imprisonment, he never sent about any private business, not otherwayes, but only by one for monies to maintain him in prison, whom he durst not trust with any other businesse. He prayed the mercy of the Court, that if they would &illegible; him, he might be useful. It was told him, that he might thank himself for that evil he had brought upon him, and it was shewed to him what a &illegible; offence he had committed, in his Treason, Murder, &c. Then the Earl of Cambridge said, that he was sorry for what he had done, and wished that he had had that good Counsel sooner, that he might not have done it. He had time given him untill Thursday following.
The Committee of Estates was reported, consisting of some Lords (who dissented to the Ordinance for tryall of the late King) some Commons (many whereof (though named in the Commission for tryall of the late Tyrant) never appeared) others sometimes appeared, but drew back at the day of sentence, and consisting likewise of others that both appeared all the time of the tryall, and at Sentence too. Take their names at large.
EArl of Denhigh. | MAior Gen. Skippon. | HEnry Martin Esq; |
Earl of Mulgrave. | Sir Gilbert Pickering | Col. Ludlow. |
Earl of Pembrook. | Sir William Massum. | Anthony Staply Esq; |
Earl of Salisbury. | Sir Arthur &illegible; | William Henningham Esq; |
Lord Grey of Wark. | Sir Iames Harrington. | Robert Wallop Esq; |
Lord General Fairfax. | Sir Henry Vane Jun. | Iohn Hutchinson Esq; |
Lord Grey of Groby. | Sir Iohn Danvers. | Denis Bond Esq; |
Lord &illegible; | Sir William Armyn. | Alexander Popham, Esq; |
Lord chief Iustice Rolle. | Sir Henry Mildmay. | Valentine Wallon Esq; |
Lord chief Iustice St. Iohn. | Sir William Constable. | Tho. Scot Esq; |
Lord chief Baron Wilde. | Alderman Penington. | William &illegible; Esq; |
Lord President Bradshaw. | Alderman Wilson. | Iohn Iones Esq; |
Lieutenant Gen. Crumwel. | Bulstrode Whitlock Esq; |
Their Instructions were reported, to raise, train, exercise, and command the &illegible; of England and Ireland; to provide stores of Ammunition for these two Kingdoms to appoint and command a Navy for defence of both Kingdoms: To do all things requisite for preserving the peace and safety of the two Nations; To preserve Trade, and the Laws of the Land: To continue for twelve moneths, and no longer. The place of &illegible; for &illegible; Commissioners, is &illegible; &illegible; Hall, and if resolved, Lodgings are to be there provided for them.
1. That you would proceed to speedy Trial, and publick Iustice upon all those who shall be found guilty of procuring, acting, or &illegible; the first or second war, &illegible; the invasion of the &illegible; to the &illegible; ruine of many &illegible; (if not thousands) of Families; because Iustice is not speedily executed on evil &illegible; therefore the hearts of the sons of men are continually set upon mischief. 2. That you would &illegible; to your late, Iust, and Honourable Votes concerning the &illegible; and Legislative power of the Nation, for we cannot but take notice of the late endeavors of those men called Lords, how they leave no means &illegible; to &illegible; themselves again into power, and we have cause &illegible; &illegible; to &illegible; other &illegible; but to improve their interest, to return us again unto our &illegible; and &illegible; &illegible; 3. That Tythes, whose beginning in this Nation is known to be superfluous, and found by sad experience to be exceeding oppressive, and &illegible; to all sorts of people, especially the poor husbandman, who is thereby deprived of the benefit of his stock and labour, and hath been so often Petitioned against &illegible; a grievance to the Nation, may be wholly taken away. 4. That the people of the Nation &illegible; made &illegible; by having their Lands wholly cleared, and discharged from all manner of &illegible; and Homage, claimed by any Lord, or others, as Lords of Mannors, that being a &illegible; and &illegible; of the Normand slavery. 5. That the many great and &illegible; &illegible; of Statute Laws be well &illegible; and such only left in force as are made needfull in the Common wealth, and that all Lawes, Writs, Commissions, Pleadings, Records, and Processe be in the English tongue, and that there be Courts &illegible; in every Hundred, by twelve of the same Hundred. 6. That you would take some speedy and effectuall course for the payment of the publick debts. 7. That the present Army under the conduct of the Lord Generall be so provided &illegible; that they may not be necessitated to take free quarter. 8. That effectual and speedy provision may be made for the relief and maintenance of the poor, by improvement of Commons, and other waste lands, or otherwise, &illegible; your wisdome shall think &illegible; &illegible; the raising a stock for their imployment, that so many thousands be &illegible; &illegible; to beg, or perish by starving, which is indeed a shame and dishonour to a Nation &illegible; Christianity.
The Petitioners were called in, and (sayes one) had the thanks of the house given them for their good affections, And why not for their good &illegible; &illegible; Surely they well deserved it, if I may dare to say so.
They past a form of an Oath to be given to the Justices of Peace that shall stand in Commission, four parts in fix of them being disaffected to the Parliament, and their late proceedings; their Commissions and &illegible; are to be sent down to them. They conclude on the form of an Oath to be administred to all Citizens of London, before they be made free: And because short, take it &illegible; large, with &illegible; Act past for making null the Oaths of Allegiance, Obedience, and Supremacy.
BE it enacted by this present Parliament, and by authority of the same. That the Oath underwritten, and none other, be administred to every freeman of the City of London at the time of his admission to the said freedom.
You shall Swear, that you shall be true and faithfull to the Common wealth of England; and in order thereunto, You shall be obedient to the just and good Government of this City of London, You shall to the best of your power, maintain and preserve the Pear and all the due Franchises thereof; and according to your knowledg and ability, do, and perform all such other acts and things as do belong to a freeman of the said City.
And be it further enacted by the authority aforesaid, That the same oath, &illegible; mutandis, and no other, shall be administred to all, and every freeman in every City, Burrough, and Town corporate in England and Wales, where Oaths are Ordinarily administred to freemen, at the time of their admission to the said freedom, in every such City, Burrough, and Town Corporate.
ORdered by the Commons Assembled in Parliament, That this Act, and the Act so abolishing of the Oathes of Allegiance, Obedience and Supremacy, be &illegible; Printed and Published 3 And that the Members of every City and Burlough do take care to send them down into the several Counties for which they serve.
Hen: Scobell, Cleric. Parliamenti.
BE it Enacted by this present Parliament, and by the authority of the same. That the Oathes commonly called, the Oathes of Allegiance, Obedience, and Supremacy, mentioned in the Statutes of the first yeare of Queen Elizabeth, and in the third year of King James, and all other Oathes of Allegiance, Obedience and Supremacy whatsoever, shall be, and are hereby wholly taken away; and that the severall Clauses and Branches in the said Acts, or any other Act of Parliament touching the said Oathes or either of them, be made void and Null, and shall not hereafter be administred to any person or persons whatsoever; neither shall any place or office be voide hereafter by reason of the not taking thereof, or of any of them, Any Law, Custom, or Statute to the contrary notwithstanding.
Hen: Scobell, Cleric. Parliamenti.
An Oath is the truth of an uncertainty, delivered according to the knowledge of the party, but to kiss the book, and lay the hand thereon, whereby to induce a belief in the ignorant, that the force of the Oath lies in that Ceremony, is most ridiculous, and of all others, the greatest foppery: To speak truth to the question propounded, is as much as can be expected; and for any form, supported by ridiculous ceremonies, call it an Oath, or what you will, its nothing binding to the party swearing, the substance of the Vow lying in the words spoken, and not in any other thing whatsoever.
A Declaration past also the last week, to maintain, uphold, and preserve the Fundamentall Laws of this Nation, and requires all Judges, Iustices, Sheriffs, and all Officers and Ministers of Iustice for the time being, do administer Iustice accordingly. I professe for my part, I understand it not, unlesse the people of this Nation shall be for ever continued under the Normand slavery. Is any man in this Nation free, that payes a Pepper-corn yearly out of his Estate to the Crown, having an Estate in Fee-simple? Is not he a slave upon Record? Besides, if the King can demand a Pepper-corn, hath not he thereby as clear an interest in my Estate as my self, and may demand any part, or the whose thereof? As in the Case of Shipmony. And must we have this still continued? Is any of our Laws fundamentally so constituted, but upon sufficient reasons may be repealed? Must the badges of our slavery (Fealty and Homage) be still maintained? To what purpose have we sought all this while, if our Laws shall not be abridged, and the proceedings thereof put into a known tongue? Is there any reason that a people should suffer by a law, when that Law must not be made known to them? Which is as much as if there were &illegible; Law to offend. Was not this the design of our oppressing Tyrants, and destructive Lawyers, to keep the people in ignorance, the better to enslave them? And shall &illegible; in the time of Reformation be still continued under this great misery?
THe high court sate this morning in the painted Chamber, to prepare to have all things in a readines against the 4 prisoners, formerly before them, And also in expectation of the Earle of Hollands being brought from Warwick Castle, or something (of certaine) that he is in very deed so sick, that he is not able to come, without apparent danger, in respect of his bodily disease; for in order to the Instructions of the House of Commons directed to the high Court therein, they sent Doctor Saint-Iohn, and Master &illegible; a Physician, and a Chirurgion, who had Instructions, with 4 Gentlemen of the Country, to go to the Earle of Holland, and if they finde him fit for travell, then others have orders to bring him away, but if he be not, then they are to returne without him, and give perfect advertisements thereof to the Court, which returne was this day expected; And by Letters from Warwick it is advertised, that they were preparing to bring away the Earle of Holland, And that he would be at London this night, or to morrow at the furthest, for (say the Letters) the Doctor and Physician have given in their opinions, that he may travell for any indisposition of body or sickness, without any great danger thereby.
The Dutch Ambassadors were this day to receive their answer from the Commons of England in Parliament assembled. The answer to their Embassie is, that the Parliament of England gives thanks to the high and mighty States, for their desires of a faire and good Correspondency with them, and that &illegible; their part they shall likewise endeavour it, which they desire, and good expessions of affection from the Parliament of England to them; and as to what the Estates of Holland writ, concerning the late King of England, they returne them answer; that in what they have done therein, their proceedings have been such as is consistant with the Fundamentall Laws of this Nation of England, which is best known to themselves; And that in all clearenesse they do desire that there may be a good Correspondency &illegible; the Nations.
The Commons Vote Mr. Catwich to be the high Sheriffe for the &illegible; of Cornwall, and passed Instructions therein.
An act passed the House, that upon the Sheriffes bringing in of their layings &illegible; their Accounts being passed, they shall be paid out of their owne Receipts. Which Act take at large.
BE it Enacted by Authority of this present Parliament, that the charges which the respective Sheriffs of the several Counties in England and Wales shall at any time hereafter be at, in passing their Accompts in the Exchequer (deducting the usual allowances made to them) shall upon their delivering notes of Receipts of such charges, under the hands of several Officers of the Exchequer to whom they shall pay the same (which notes the said Officers are hereby required to give unto the said Sheriffs respectively, under their hands) be deducted and allowed unto them respectively, out of the moneys which they shall pay in to the Receipt of the Exchequer, to the use of the Common-wealth, upon such their respective Accompts; And the Commissioners of the Revenue, Barons of the Exchequer, and all other Officers in the Receipt or otherwise whom it doth or may concern, are hereby authorized and required to take notice hereof, and to make such deduction and allowance accordingly.
ORdered by the Commons assembled in Parliament, That this Act be forthwith Printed and Published.
Hen: Scobell, Cleric. Parliamenti.
An act was presented to be ingrossed for reformations in the Company of &illegible; there is a burden removed, to the comfort of thousands of poor people.
There passed an order for the altering of the Sheriffes Oathes, as other Oathes are altered, and other Votes and instructions passed about their Rols, and other things relating to the Sheriffes Office, for the removing of severall burdens and inconveniences.
This day the Court being sate in Westminster Hall, the Earle of Cambridge was brought to the Barre. The Counsel for the Common-wealth required of the Court, That he might make good his plea, according to the order of the Court. The Earle of Cambridge told the Court, that two of his Counsel could not come, the one being not well, the other imployed in the publique affairs of the Common-wealth; &illegible; were there save only Doctor Walker, and he made an excuse, that he was engaged for the affaires of the State, and made some quære, Whether he might engage for him; It was declared, that they were the same that he himself desired of the Court. The Earle of Cambridge acknowledged to the Court how favourable they had been to him, and prayed that he might have other Counsell for those two who could not assist him. That was granted, and he is to send their names to the Court; he prayed also for longer time, and the Court granted him untill Saturday, he prayed for privacy with his Counsell, that will be considered of; they are for Law, not for matter of Facts. Evidence was ready against him, he prayed the mercy of the Court, assured to serve in England, and spend his blood for them, He is to appeare againe on Saturday next.
The Parliament upon Address of a Letter from the Dutch Ambassador General, that he being upon a return to his own Countrey, desired to take leave of them, and desired their consideration of some grievances of their Merchants, who had received abuses of some of this Nation. The House referred the Petition and Ordered to send two Members to the Ambassador, to congratulate him in his return, and present the Houses respects to him. They supplied several Counties vacant of Sheriffs, and appoint 1500 l. to be paid towards the Judges charges in the several Circuits. Which might be spared, if a Judicature was &illegible; in every County: But when must unnecessary and distructive customes be laid aside?
This day the High Court of Justice again met in Westminster Hall, after the Court was called, 35. appearing, the Lord Goring was brought to the Bar; upon his coming Master Cook the Solicitor General made an excellent Speech, setting forth the heighth of the Crimes, whereof the Petitioner was charged, and the murthers, inflagrations, and violencies committed by him, and his accomplices in Kent and Essex. The Lord Goring acknowledged, that for the matter of fact, he could not deny much of it; as that he was at Rochester and Colchester and the like; but should clear himself of some particulars.
Then the Court proceeded to the hearing of Witnesses &illegible; voce against him, and Lieut. Col. Wicks, Lieut. Charls Treason, Samuel Shambrook, Lieut. Col. Shambrooks son, who was shin before Colchester, and the examination of Ensigne Carington, who was taken prisoner in Colchester (who is now sick) was read; all which proved the death of Col. Needham, Lieut. Col. Shambrook. Captain Laurence, and others. The shooting of poysoned Bullets boyled in Copperis, and that Lieutenant Col. Shambrook was shot with one of them; the cruel usage of the prisoners in Colchester, and the Lord Gorings reviling of them calling them Rebellious Rogues, &c. the burning of 500 or 600 houses at Colchester, and many other things of the like nature.
The Lord Goring by way of defence, made a Narrative of all his proceedings since his last coming into England, acknowledged his receiving a Commission from the Prince, his granting Commissions to Col. &illegible; and others (Signed Norwick,) but that what he did was out of a good intention for peace and accommodation, and that Treason being in intentions he could not be guilty of it; he not intending to raise forces against the Parliament, pleaded his Peerage, and the Articles of Colchester, by which fair quarter was given him.
To which the Councel for the Common-wealth answered, That the actions of any man were the best expositions of intentions, and his actions speak him guilty of Murther, Treason, &c. In his Peerage, the power by which the Court sate, was an answer to it; and for the Articles at Colchester, though he had at first waved them by pleading not guilty, yet that he should have as full a benefit of them as the Lord Capel, who had largely pleaded for them. After which, the Prisoner was commanded to withdraw, the Court being to consider of the Depositions against him, and accordingly to proceed.
After this Sir John Owen was brought to the Bar, and the witnesses against him, viz. Major General &illegible; Col. &illegible; and Cap. &illegible; &illegible; gave in their Testimonies concerning the death of VViliam Lloyd Esquire, high Sheriff of the County of &illegible; and divers others. Sir John Owen endevored to clear himself, he alleading that what he did, was to free himself from violence and plunder; but it was afterwards proved, that he had been in the first War, had the Articles of Conway; whereupon he was admitted to compound, and took the Covenant and Negative Oath, and yet notwithstanding engaged a second time. The Court ordered to consider of the proofs, and accordingly to proceed.
The House this day past their Declaration in answer to the Scots papers. They voted that the Scots Commissioners should have a Copy of the said Declaration, and that it be forthwith printed. The house ordered 1000. li. per an a piece should be allowed to each of the Seal Commissioners. They ordered that the Committee of Estates should fit this afternoon at Derby house, and adjourn as they should think fit. They further ordered that lodgings should be provided for all the said Committee, if desired, in White Hall, and so soon as the lodgings are compleated and furnished, the said Committee do adjourn thither, and sit &illegible; from time to time. They also voted that two Seals should be forthwith made for the &illegible; of the said Committee one of a great &illegible; the other of a lesse, and that the Arms of England and Ireland should be engraven thereon, and voted the inscription thereof to be to this purpose, viz. The Committee of Estates appointed by Parliament.
The house ordered, that his Excellency the Lord Generall Fairfax, and Col. &illegible; should be required to sit in the House, and perform their service for the Town of Cirencester, upon the former election. They ordered that the Letter from the P. Elector, concerning his intentions of returning to his own Country, with some acknowledgement of thanks for favours to him, should be read on Monday morning next.
This day the High Court of Iustice far again in Westminster-hall, the Lord &illegible; was first brought to the Bar, and several witnesses examined concerning his escape out of the Tower, viz. Col. VVest Lieutenant of the Tower, &illegible; Hall, Lewis Davis, &illegible; Standard, Lieutenant of Robert Munnings, and Nathaniel &illegible; Marshall, who clearly proved his escape, and the manner of it: The Lord Capell pleaded that he did not escape as he was a prisoner of war, but as he was sent to the Tower in another condition. The Court resolved to take this plea into consideration, and the prisoner was withdrawn.
This day the Earl of Cambridg being brought to the Bar, he first urged, That the Councel which were assigned to him, could not be ready to plead, by reason of their not having longer warning; and that it was not proper for them to plead in matter of Law, till the fact was proved: After this, the Court declaring, that he had been often moved to make his defence, he proceeded in it; and first he produced his Commission from the &illegible; of Scotland, to command all the forces of that Kingdom; after that, the order of the Committee of Estates for his march into England; and then the large Printed Declaration from Scotland, of the ground of their Armies advance into England, was produced and read, the Earl pleading, the ends of it being for &illegible; Majesties Honor, the setling of Religion, and Covenant; he also pleaded the Articles agreed upon between the Commissioners on Major General Lamberts part neer &illegible; upon his yielding up prisoner to them, whereby he was assured of quarter and life. And the Lord &illegible; Col. Robert Lilburn, and Mr. Peters, were produced as witnesses. For the matter of Naturalization, he pleaded, That his Fathers being naturalized, could not make him a Subject of England, no more then the son of an Englishman, born in any forraign parts, could intitle him to enjoy any inheritance here; That he had a Petition and Bill prepared by the Commons in this Parliament for his Naturalization which was not passed.
Much time being spent in his former Defence, and the witnesses for the Common wealth being too many to be examined, the Councel for the Common wealth desired that some witnesses might be examined concerning his escape out of Windsor Castle, which was granted and Colonel &illegible; and the Marshal of the Castle declared the &illegible; of his escape, and that he had passed his saith to the Governor to be a true prisoner, &illegible; he denied, and offered a Challenge to the Governor, had he not been in that capacity he was: But the Iudgement of it was left to the Court, and the Earl Ordered to bring his Councel on Munday next.
&illegible; Febr. 15. Sir, In my last I told you of the maner of proclaiming Prince Charls King of Great Britain, France, and Ireland. This week I have onely to acquaint you with that Lieutenant General Middleton, and Col. &illegible; of the late &illegible; Army, were in this Town prisoners; and &illegible; &illegible; given upon &illegible; as they &illegible; Gentlemen and Souldiers, to go into Scotland, and to &illegible; by a certain time, they &illegible; &illegible; &illegible; &illegible; being expired) to deliver themselves prisoners. By this, you may perceive the &illegible; of a Scotchman. Here is a Gentlewoman within few &illegible; of us, lately delivered of a &illegible; like a Colt. The Scots are for certain very active, have sent Commissioners to invite the Prince into Scotland; they are now raising every fourth man in Scotland, and have appointed a Committee to nominate the Officers of this new Army; &illegible; designe lies in Ireland, send but over speedily a considerable force into Ireland, and &illegible; the Scots conjunction with the Rebels, and for all this vapor, never fear their march into this Nation.
Pontefract Feb. 17. On Thursday last one Mr. George Beaumont, &illegible; of South-Kirby, near Pontefract, a very subtill and notorious enemy to the peace and good of this Nation, being charged before a Councell of war here, for being one of the &illegible; with &illegible; of that cruell and treacherous design, for the surprisall of Pontefract Castle, and for being an active instrument in advancing, fomenting, and continuing another war in the Kingdom, not only by that design, but also by practising and entertaining private intelligence with the said &illegible; &illegible; &illegible; and other enemies within the said Castle, lately, and since the surprize thereof, by Cyphers, and otherwise, contrary to the Articles of war, and other high crimes and misdemeanors: by means whereof many wel-affected people, and others have been cruelly slain and murthered, many houses plundered and wel-affected families undone, and this whole County (besides divers other Counties) reduced to &illegible; charges, great troubles and miseries: At first he pleaded ignorance both &illegible; & &illegible; but proofs being &illegible; he at last confess the fact (though no more then was proved) and pleaded pitty; &illegible; upon the whole matter taking into consideration the great danger of more troubles being raised here, by those means, for the relief of this Castle, the much innocent blood that hath been already spilt, crying for vengeance and Iustice to be done upon such notorious designers; The necessity of making some speedy example, in regard he was found so clearly, and highly guilty, and the providence of God so clearly pointing &illegible; this notorious guilty Priest. He was (nemine &illegible;) condemned to be hanged, and was accordingly executed yesterday on a &illegible; in Pontefract, in view of his friends in the Castle.
This &illegible; being promised his life, upon discovering the Key of the Cypher, yet he chose rather to be hanged, then discover it; so that it appears (and he did not deny it upon examination) that he was sworn or engaged to &illegible; both for persons and things; that the matter contained in those secret Notes, are of great concernment, if they could possibly be unlockt; but it is more then probably supposed, that there are some private &illegible; for more troubles; and its somewhat clear, that they import relief thereby. There have been four or five of these Cypherial Notes discovered and intercepted, but no Key found out, so that they are not understood. More Cyphers are discovered by the enemies &illegible; lately come forth upon a Message, discovering another dangerous Priest.
&illegible; the Priest, a most notorious Rogue, and Scout &illegible; for the Castle, was taken buying Hogs at &illegible; for relief of the &illegible; as ’tis thought. Many &illegible; of relief, but I hope the course when will be effectual to prevent all private attempts, or underhand workings.
Six or eight of our men were slain the last week by a desperate &illegible; from the Castle and about fourteen &illegible; prisoners; the principal. &illegible; who was sent from London slain, and another &illegible; &illegible; &illegible; quite off. As for the Castle, it is ours when we &illegible; to accept of it upon fair quarter, which we are not yet induced to grant, &illegible; rather put Justice in execution here, as you have lately done in the South.
York. Feb. 17. Sir, I doubt not but you will bear of the execution of Mr. &illegible; (a &illegible;) at Pontefract Leaguer; and though he was a very Knave, yet there are as &illegible; Knaves &illegible; he left in the Pack, not onely of the Episcopal, but also of the Presbyterian Clergy, who endevor all that possibly they can, to put the Kingdom in another &illegible; and till all the corrupt Lawyers and covetous Clergy be served in the same kind, never expect good Laws or Doctrine in the Nation. I doubt not but Justice will be done upon &illegible; in the &illegible; as well as in the South; for as I apprehend the business, we &illegible; &illegible; a settlement; but ’tis in vain, till Justice and Judgment he executed. We observe here Delinquents will never be quiet, while countenanced by impunity; but &illegible; them once know, we are in earnest, then its very probable they will not dare to meddle. And since that threats without stripes will not serve them, let them have stripes without threats to destroy them. If you let &illegible; and Capel go free, and not headless, we will never march out of the North, to lay close siege to Colchester, to make the Rogues yield to mercy any more; but let them go without heads, and be sure all the &illegible; Cavaliers of the Kingdom will go without hearts: And be sure, let Hamilton pay his reckoning in England, and not go Scot free for all the precious lives lost at Preston.
Westminster the 19. The Parliament this day spent much time in reading and &illegible; of a Letter from his Highnesse, the P. Elector, shewing the ground of his return into his own Countrey, returning his humble thanks for their constant and honourable favour to him, desiring the continuance of his &illegible; of &illegible; l. per annum, and pay of the 6500 l. Arrears thereof due unto him, with the Passe of the House for himself, his Attendants, and 40 horses: The House hereupon Debated, and the result thereof was. That the Arrears of 6500 l. due unto him upon his Sallary should be forthwith paid him out of the Revenue: That Mr. Speaker should grant his pass to his Highnesse the Prince Elector for himself and Attendants, the names of all which he is to present to the Speaker, and engage that &illegible; go over with him but his own Attendants, and for forty horses and Geldings to be transported with him. As for the principall &illegible; (the continuance of his Stipend) I hear it was left out, till another opportunity give occasion to insert the same. A Report was made by Lieutenant General Crumwel, Chairman of the Committee of Estates, that according to the Order of that House, nineteen Members of the said. Committee had subscribed for approving of the Kings Execution, and the Lords election, but that 22 of the said Committee had refused, whereof all the Lords were part; not but that they confest (except one) the Commons assembled in Parliament to be the supream power of the Nation, or that they would not live and dy with them to what they should do for the future, but could not confirm what they had done in relation to the King and Lords.
The house had much debate whether this report should be committed, and it was resolved in the affirmative, so that the further consideration hereof is to be resumed to morrow. They voted the Letters sent this day by severall &illegible; with printed Proclamations therein, directed to severall Sheriffs, to proclaim Prince Charls King, &c. should be referred to the high court of Justice. Letters this day came, desiring monies for paying off most of Sir &illegible; &illegible; forces. The house being informed that the Delinquents of Kent, if they had paid any reasonable Composition for their Delinquencies, would have more then paid of those forces, but that too much partiality hath been used therein; the house referred &illegible; whole businesse to a Committee for examination thereof, what the souldiers are in &illegible; how many Delinquents were to compound in that County, and what partiality hath been used therein. The Earl of Cambridge was this day brought to the &illegible; no Councell on other side pleaded, but witnesses examined on both sides, to prove that he had, or had &illegible; Articles before a prisoner, and the businesse to be heard again to morrow.
London, Printed for R. W.
&illegible; G. M.
The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.
From Tuesday February 20. to Tuesday February 27. 1649.
WIsdom shines in the midst of Anger, and Treachery &illegible; the end of Conquest: &illegible; policy including both, makes them subject to for did slavery. If this &illegible; Wisdom cannot stand, Treachery &illegible; by &illegible; &illegible; and if Humane policy be not yet satisfied with the cup of Fury, let her be drunk with the diegs of God &illegible; displeasure. To take down Episcopacy, and erect &illegible; is equal folly: And to pull down one Idol, and set up another, is equal Popery. Shall a &illegible; &illegible; &illegible; be again capable of that great trust, to sit at Holm, and the &illegible; not guilty of their ensuing misery? or can the Master and Commanders of the ship be elected herein, without breach of fidelity? Was it the Kingly office, or matter of fact, that rock off Charls Stuart? If upon the former, unjust; the &illegible; lawful. But to the Question indeed. How came it, that the House of Peers became burthensome, and useless, and dissolved? Was &illegible; &illegible; Peers &illegible; or &illegible; for passing the Ordinance, to raise Forces in City and Suburbs under Massey; to man the Line, and oppose, fight with, kill, and slay this Army? For taking off the Votes of the Non Addresses; &illegible; Personal Treaty &illegible; the late King, after twice conquered, and when he had nothing to treat for; and likewise declaring the Kings Concessions a sufficient ground of settlement? Answer. If the House of Peers had not been guilty of the same offences, &illegible; many of the Members of the House of Commons (for which they were elected) they had doubtless be &illegible; yet &illegible; That being equally guilty herein, It was equally just, in dissolving &illegible; &illegible; is including the other. That being equally dissolved and excluded, for the same offences. Why should the Lords, not onely have the freedom to be elected Members of Parliament, during this Session, but likewise be capable of that right, to be chosen of the Committee of Estates (as great, if not a greater trust then the formes) though guilty of the same and higher offences then the other? Who are not capable of either, except one, which was to be secluded, but was not, and readmitted upon favor.
The Laws of this Land hold out an equal right and common Interest to all; but why (in prosecution thereof) we should not yet have the same maintained, as well against the Lords, as Commoners, (though against the late King held forth, and declared, That the Law admits of no respect of persons,) I am unsatisfied. As the Law is mine Inheritance, so does it maintain mine Interest; and if it respect no persons, that Law is to be dissolved, before any persons can be respected, Lords or others, above Commoners, (being guilty of the same offences.)
Quere 1. Whether any of the Members of the House of Lords (which upon matter of Fact was abolished, as the Bishops, and are no essential part of the supream Authority of the Nation) ought to be intrested with the Lives and Estates of the people (by whom their power fell, and whom they take for their greatest enemies therein) especially having Voted a Personal Treaty with the late King, and approved his Concessions to be a ground of settlement; denyed to joyn in the Ordinance for constituting a High Court for tryal of him, and after justice justly executed upon him, deny to approve thereof, as lawful, (and by consequence, leaves the guilt thereof upon the supream Authority, as illegal) or the dissolving of the House of Peers; leaving the same blemish upon them for that, at the former, or are capable (upon those grounds) of such great Trusts, either to sit in Parliament, or Committee of Estates, as Representatives of the Commons, though they will not confess themselves Commoners (and so long enemies to equal freedom, and common justice?).
Quere 2. Whether those Members that were enemies, or &illegible; to the taking off the Kings head, and abolishing the House of Lords, and have since declared their disapproval of both, or either (the &illegible; and Settlement intended depending upon both) are, or ought to be capable of sitting in Parliament, or Committee of Estates, till they approve, as well of one, as the other?
Quere 3. That if such Members so guilty, and dissenting, shall notwithstanding be still continued in both: what benefit, safety, or freedom can the honest people of England, who have stood by the Parliament with hazard of Lives, Estates, and Fortunes, both in the Kings execution, and the Lords dissolution, expect, or hope, either from P —— or Committee of Estates, twenty one in fourty being so guilty, or such dissenters, as aforesaid.
There is a Petition again on foot in the Army, in further prosecution of their just desires, which take here.
To the supream intrusted Authority of this Nation, the Commons assembled in PARLIAMENT.
VVE having seriously weighed and considered the late Votes of this House, in which the people are declared to be the supream Power, and from whom all Just Authority is derived: The consideration of which hath imboldened us to make known and discover our own, and the Kingdoms grievances; which cry aloud for Iustice to be speedily and impartially executed: without which we cannot chuse but look upon our selves as a dying and ruinated people: All which we apprehend is comming upon us like a Deluge, unlesse God be pleased to appear for us, inraising up of your Honors to stand for us in the Answering of these our Just desires.
1. To make and establish such wholesom Laws (in our native language) as may preserve the interest and liberties of this common wealth.
2. That all Tyrbes may be &illegible; ever speedily abolished, &illegible; &illegible; &illegible; &illegible; come in the place thereof.
3. That no punishment be inflicted upon any person for the &illegible; of &illegible; &illegible; in matters of Religion, it being destructive to the Freedom of the Common-wealth. And that all such as are now in custody for such &illegible; &illegible; &illegible; be set at liberty, and reparation given them for their unjust imprisonment.
4. That all Committee men, Excise men, and all other persons whatsoever, that have had to deal in the publike Treasury of the Nation may speedily be called to an account for all monies received by them; and for the time to come the &illegible; burthen of Excise may be whally taken away from this Common-wealth.
5. That all persons, of what condition or quality soever, may have iust, and equal Administration of Law, according to the nature of their Actions.
6. That a speedy course be taken for the enlargement of all persons that are imprisoned for debt, and have not wherewithall to satisfie their Creditors: And a course also taken, for the making such persons pay their debts (being able) that shelter themselves in a prison, on purpose to defraud their Creditors; by which means many honest people are brought to ruine.
7. That all persons whatsoever that are now in prison for pretended words or forgeries, may be brought to a speedy trial, and chose whose innocencie shall appear, reparation may be given them for their false imprisonment.
8. That speedy provision may be made for the continual supply of the necessities of the poor of this Nation; whose miseries cry aloud in our ears for redresse.
9. That constant pay may be provided to supply the necessities of the Army; that the souldiery may be enabled to discharge their quarters, and for the future, prevent that which hath been so much complained of, (viz.) Free-quarter.
10. That all the arrears of the Army, and the rest of the souldiery of the Nation, (who have been in actual service for the Parliament and continued faithfull therein) may be audited; and a course taken for the speedy payment of them, out of the revenues of the Crown, Deans, and Chapeers Lands.
11. That whereas several souldiers of the Army; by their tedious and hard service last summer, and since they came to London, have lost and spoiled many of their horses, and by reason of the smalnesse of their pay, are not able to furnish themselves with any more: course may be taken for a speedy supply of our wants, that we may be enabled to perform that service which is expected from us.
12. That whereas we, with many other of the Common wealth have been much abused with Clipt money, therefore we desire some course may be &illegible; for the speedy prevention thereof.
13. That the articles of war now may be renewed and mitigated, as being too severe and tyrannous for any Army of free born Englishmen, and that Martial Law may not be so frequently exercised in such a cruel maner.
14. That the souldiers may not be put upon the execution of civil Orders, or Ordinances, as seising upon unlicensed books, or Printing Presses, or in distraining for moneys, or the like; until (in those cases) the Civil Authority hath been &illegible; resisted; that so the people may have no cause to complain (as they do) of our &illegible; upon their liberties.
FOr the avoiding of all doubts and questions, that shall, or may arise touching Commissions of the Peace, and other Commissions, and concerning Letters Patents, or Commissions to Sheriffs, or other Officers, or Minister of Justice. Be it declared and Enacted by the Authority of this present Parliament, That all such person and persons as were Justices of the Peace at the time of the death of the late King Charls, in any Counties, Cities, Precincts, Liberties, or places in England, the Dominion of Wales, or Town of Berwick upon Tweed, by force and vertue of any Commissions, under the great Seal of England, and had by such Commissions power and authority to enquire of, hear, or determine Felonies, Trespasses, and other offences, and do other things in the same Commissions more at large expressed: And all such person and persons, that at the time of the death of the said late K. by force of any Commissions, or Letters Patents under the great Seal of England, were Sheriffs of several Counties, Precincts, and places in England, the Dominion of Wales, and Town of Berwick upon Tweed, shall by force hereof, and by authority of this present Parliament stand, and be, and shall be adjudged, and taken to stand, and be full and perfect Justices of the Peace, Iustices of Oyer and Terminer, and Sheriffs respectively, of and in their, and every of their several respective Counties, Cities, Precincts, Limits, Jurisdictions, and plates respectively, from, and immediately after the death of the said late King, and shall so continue and be, untill there shall be new Commissions, and Letters Patents, or Commissions under the great Seal of England, for the constituting of the Iustices of the Peace, and Oyer and Terminer, and of such sheriffs of, and in the said severall Counties, places, and precincts respectively, made, and duely published according to the present Government: And that they, and every of them, for, and during the time aforesaid, shall likewise be adjudged and taken lawfully to have, and shall and may lawfully have use, exercise, and enjoy all and every the Jurisdictions, powers, and authorities whatsoever, which by the Laws and Statutes, Justices of Peace, Oyer and Terminer, or Sheriffs respectively, might lawfully use, exercise, or enjoy. And be it further enacted by the Authority aforesaid, that the said respective Sheriffs shall have full power and authority, and are hereby enioyned to execute and make return, according to usuall course of all Writs which issued out in the life time of the late King, and were returnable after his death. And be it further enacted by the Authority aforesaid, That all and every Act, returne of any Writs, or other thing whatsoever, had, made, done, used or exercised, or to be had, made, done, used or exercised, during the time aforesaid, by the said Justices and Sheriffs respectively, or by any other Officers or Ministers, or other person or persons whatsoever, by Command, or Authority, by, or derived from, by, or under them respectively, shall be as good and effectual in Law, to all intents and purposes, as the same should have been, if the same had been made, done, used, or exercised by them in the life time of the said King, although no Oath hath, or shall be taken by such Iustices, Sheriffs, their under Sheriffs, or other Ministers, any Law, Custom, or Usage to the contrary in any wise notwithstanding.
ORdered by the Commons assembled in Parliament, that this Act be forthwith Printed and Published.
Hen. Scobel, Cleric. Parliaments.
Febr. 20. The Commons approve of four Merchants Ships to go out with the Fleet, under their own Commanders. They Vote a security for advance of 3000 l. for the sick Souldiers. Referred it to a Committee to make sale of the Crown, Jewels, Hangings, and other Goods of the late King.
Feb. 21. They Ordered the Earl of VVarwick his Commission, as Lord Admiral, to be called in And high time for so doing. And Ordered an Act to be brought in, for constituting Col. &illegible; Col. Blake, and Col. Popham, Commissioners of the Navy, and Cinqte Ports, Letters to the several &illegible; &illegible; &illegible; &illegible; &illegible; payment of the Excise, which the people will not longer &illegible; in &illegible; &illegible; A Writ Ordered to be Issued, for Election of a Knight of the &illegible; &illegible; &illegible; in the place of Sir Francis Pilt, late deceased. Earl of &illegible; is thought will carry &illegible; Faces about, and as we were. An Act past for setling the &illegible; of &illegible;
The High Court of Iustice sate this day in Westminster Hall, the Lord &illegible; being brought to the Bar, an order of the Court was read unto him. That he had liberty to make what defence he could for himself, but gave him no more time, And then the Court would proceed to Iudgement, either to condemn, or acquit him. He pleaded (the Articles at Colchester) free quarter granted him. That the sword frees him from any civil power, That English have had the benefit in &illegible; That for his breaking out of Prison, divers that were in Colchester did so, that have since compounded. That breaking prison was by Law but Felony, and to have the benefit of the Clergy. The case of &illegible; was &illegible; by the Councel against him. That though David had sworn to him, by the Lord, saying, I will not put &illegible; to death with the sword, 1 Kings, 1. 8. yet afterwards, when &illegible; broke away from his confinment at Ierusalem, and went to Gath to Acish to seek his Servants, ver. 40. King Solemon (his son) Commanded Benejah, who went out and sell upon him, and &illegible; him to death, verse 46.
He moved the Court, That if he must be Tried by a civill power, it might be either by Bill, and so per pares, or else by Common law, by a &illegible; And alleadged The Act of the House of Commons for maintaining the Laws of the Land. Alleadged Magna Charta, the Petition of Right, An Act made in favor of those who assisted K. H. 7. And Alleadged the Presidents of the L. Strafford, and B. Canterbury, And that what he did, was by Commission from the King, then in being. Put the Court told him, that he might make his plea for himself as well as he could, and asked if he had any thing else to say, minding him of the Order of the Court for proceeding to judgement after this day. And gave him an houres time to withdraw.
Then the Earl of Cambridge was brought to the Bar, divers witnesses came in against him, who alleadged severall things as to proof, concerning his naturalizing in England, as for the time of his birth. And also as to the &illegible; &illegible; &illegible; one said he heard one of the Commissioners that &illegible; say, that Duke &illegible; was to be at the judgement of the Parliament, not withstanding the Articles; others said, that he sent for a Guard during the treaty, to be preserved from the violence of the Souldiers, and looking out at a window, desired them to be civil, saying, he was at their mercy; others, concerning the time of the articles, &c. When the Lord Capel was again called for, and brought to the Bar, He gave the Court &illegible; for their patience, and that they had given him leave to withdraw, and be private for an houre, but had nothing more to trouble them with.
Feb. 22. They referred it to the Councel of State for preserving the Library, Statues, and Meddals at St. Jamses; and for preserving &illegible; in the Kingdom for the service of the Navy.
Duke Hamilton this day brought in his witnesses to the High Court of Justice, who speak much as to the Articles of mercy in his behalf.
THat being very certain of the good consent and &illegible; of the three Provinces; and several Counties within this Kingdom, and chiefly of all the great Cities and Towns, being well assured of their good wils and intentions, as well by word, as also in writing, and by the Conjunction of their interest; which is thus, I hat since the death of Lewis the 13. of happy memory, although the Princes, Nobles, and Officers of State, well remembring the great injuries, and intollerable evils which they have endured, as also the whole Kingdom, and that by those that had assumed the Regal authority under the name of the chief Ministers of State, did openly protest, That for the time to come, they would not suffer that a particular man should be so lifted up, as to go even beyond the Kings power, to the great oppression of the whole countrey, nevertheless by their great indulgency, it hath hapned, that a stranger, named &illegible; Mazarini, is attained to that great place, being not raised thereunto, either by Birth, Education, Merit, or any other good service to this State, seeing it is well known he is originally descended of &illegible; and so a natural subject to the King of Spain, his birth being very mean and low, and he being a serving man in his youth in several places in Rome, where having spent that time, even in the most loose kinde of life, as is used in that countrey, and having by his wiles insinuated himself into the favour of some eminent person, who bare the greatest sway in the Government, was by them promoted, to make use of him for their own private Interests, that so he might be an instrument powerfull, and as a spy, to further their wicked designs, and so is become very powerful upon the heart and Councel of the Queen Regent, keeping low all the Nobles in the Kingdom, there being no other authority at Court powerful but his own, and in all State affairs handled as well within as without the Realm to the great scandal of the Royal family and the whole Kingdom, as also to the open derition of other Nations; besides, that for six years past, he hath more prejudiced, wasted, and spoiled the Realm then an open enemy could have done, although he had come with open forces, and in a conquering way; for he hath put out of favor, banished, and imprisoned without a cause, or any form of Iustice, the Princes Officers of the Crown, and Members of Parliament, besides the Nobles, and those that were the Kings and Princes best subjects, and servants most faithfull; hath poysoned some, and among those, is the President Battalion, being counted to be well-affected for the Kings service, and the good of the State, he hath none for his Domestique servants, or familiar acquaintance, but such as are extreamly wicked, men of no reputation, and faithlesse, Traitors, Oppressors, and having no Religion, but being very Athelists. He hath assumed the place of being the Kings Governor, that so he may be brought up according to his own minde, and so hinder his Majesty to have the knowledg of those things fit for a King to understand, that so he may have still the Lordship over him, and keep him adverse unto the honest party, viz. against his Parliaments and good Cities, left at some time they come neer his Majestie, and represent unto him the sad conditions wherein he intends to bring them: he hath corrupted whatsoever remained of faith and sincerity at Court, and that by cunning dealing, perfidiousnesse, and like cheating hath by his example brought in unlawfull games and revelling at Court, which hath been the undoing of many great families; hath favored unchast living, and rapes, there being more examples thereof since his time, then in an hundred years before; hath put men of good worth out of their places, without heating them, and putting in those very unfit and il deserving, that so they might become his creatures, and be at his own command; hath violated, and kindred the course of justice, so that none can be had against those that have any relation unto him, stopping the proceeding begun against many, indited for hainous Crimes, breaking and anulling daily the Sentences and Orders from the sovereign Courts, by removing the Cause, and getting Orders from the Councel-Board; and which is worse then that, he hath robbed, and wasted all the moneys of the Exchequer, and by that means reduced his Maiesty to extream want, and his Subiects in a condition worse then death it self; for he hath not onely wasted all the Treasury, which upon good accounts amounts unto five or six millions of pounds sterling, but besides, he hath consumed three years of those revenues, thereby to bring a confusion, and have all the accounts out of order: he doth authorize, augment, and increase the number of that cursed crew of Patentees, which for the most part come from Saquays and Grooms, take upon them an insolent power over the whole Kingdom, have brought the Taxes in the form of a Monopolie, who by means of their companies of free-locks, who are no better then so many Devils incarnated, hath created a vast number of Officers of all sorts, and daily raised imposts not possible to be born; and to finish, and bring to passe their wicked designes and purpose, they used all manner of cruelties and tortures, which was able to draw the marrow out of the bones of the unhappy French, who wished often to forsake all they had, provided they might have been quit and free of their burdens, although they did eat grasse for their food like bruit beasts, there being at one time in the several Counties of this Kingdom, 23000 prisoners for not having collected those Taxes and Impositions, whereof five thousand died in great want and misery in the year 1646. as it appeareth by Registers and Books of the Keepers of several prisons; yet for all this, although it is evident, that he hath consumed above an hundred, or an hundred and twenty millions of liures, as it may easily be proved, by an account drawn of those monies proceeding from the Taxes, Customs, Imposts, Patents, Court of wards, and other wayes to bring in moneys, he hath paid neither the Army nor the pensions, although he produceth great sums of moneys, by him paid, the better to have a cloak to cover his Theevery: Neither hath he furnished the Frontier places with such necessaries as they ought to have been, leaving them unprovided of Men and AMMUNITIONS, neither supplied the great want of the Navy, and the Artilletie, there being due at this present, above 4 yeares pay unto them both: hath &illegible; rewarded in the least manner, the men of worth and vallour, neither given any recompence unto those who have freely ventured their lives and estates for the good of the Country; but on the contrary, he hath caused to perish with hunger, and misery, almost all the Kings Armies, which in five yeares space have received but two months pay every year, and by these means above 120000, men have perished through extreame want, and suffering, they being in a strange Country: so that it is certain, and it may be proved by good witnesses, that he hath devided these great sums of monies with those that he hath authorized, and advanced himself, having swallowed up the greatest part, which he hath transported out of the Kingdom, aswell by bills of exchange, as In &illegible; and Jewels, and that under colour to maintaine a war in Italie, and to conquer some places, as &illegible; Portolongone, &c. And albeit the world knowes full well that he hath left those garrisons in a sad condition, there being due to them at this present 8 moneths pay, and moreover, he hath not given order for repairing the said fortifications, so that those places are not able to hold out long against any on set of the enemy; besides all this, to seek a pretence for the continuation of the Ware, by Sea and Land, and all under one. In his theevory and robbery, he hath put off the concluding of the peace, when it might have been made in a most advantageous way for this Kingdom; and all our Armies being victorious, and upon the point to perform some great action, through his great malice, hath broken, and turned aside all their brave &illegible; making no conscience to ruinate and undo those Armies, and to expose to &illegible; danger, the Princes that did command them; as it may appear in &illegible; &illegible; siege of &illegible; twice, at the surprizing of &illegible; by the enemy, and the &illegible; of Naples, which he hath suffered to perish, and come to nought; not without a strong suspition, that he held intelligence with the States Enemies, that so he may finde refuge with them, when that the Kingdom shall be weary of his tyrannies. All this being considered and that he is a stranger, and born in the Dominions of the Spanish King, and therefore incapable to bear any office in this Kingdom, according to the Laws of the Land, the Kings several Proclamations, who have often banished the Italians, and by that authentical Statute made in the yeer 1617. which happened presently after the death of the Marshal d’Anere. You will be pleased therefore: make your Addresses to the Queen Regent, concerning the great &illegible; that the said &illegible; hath brought upon the Kingdom, and will also for the time to come, in case he remains any longer in the Realm, in this illegal and violent Domination, as also to shew and remonstrate to the Princes of the blood, the hard captivity the Ministers of State have brought them, and all the Subjects of the Kingdom to, for so long time; the many dangers they have incurred at several times, through their malice, to set before their eyes the reproaches which will &illegible; to posterity: how they have been over seen, and not to suffer for the future, that the King or the Royal Family be kept by a stranger in a perpetual bondage: Therefore that His Majesty, and the Princes, to prevent the inevitable dangers which may ensue unless it be speedily remedied, and that in causing the said &illegible; to be &illegible; and to call him to an accompt for those moneys he hath consumed, and &illegible; and so inflict upon him some exemplary punishment, according to his &illegible; and deserts, for those high crimes he is guilty of; and that this Kingdom, the King, Princes, and the people, fall not in the like slavery for the time to come: that the Princes may be pleased to take the pains (as being children of the house, and their own interest being joyned with that of the State) seeing that the favorites are always of a contrary disposition; they will therefore manage the publike business themselves, and no more suffer the favorites to bear the chief rule, seeing they have always betrayed and sold their interest; that they would be pleased therefore, to take the Government into their hands, and so rule with the advice of the Lords, and others of known integrity, and experience; and not any more suffer to come into the Counsel, any persons that are base, corrupted, and such as the said &illegible; hath now introduced: That so having cut off all the Impost, and other &illegible; of Tyranny, and finde a present remedy to those many disorders derived from thence, they may be able to govern the Kingdom according to God, and the Kingdoms Laws, conclude a happy peace, that so the people, who are now gasping, may be able to breathe; and finally to make this Nation so mighty and happy, within and without, that they may neither fear the oppression of wicked Counsellors within, nor invasions from forrain enemies. The said Petitioners, together with all other true Frenchmen, do protest and declare, that being as yet (thanks be to God) very numerous, That without a speedy remedy be sought, and given according to the present necessity, they will bestow, and lay out, if need be, their lives and fortune, for to finde a sudden redress; and will use all the means which nature and their duty teaches them, for the defence of their King, their Countrey, their Liberty, and their Lives.
Resolved by the Commons assembled in Parliament, That Mr. Iohn Holland, Surveyor, and one of the Commissioners for the Service of the Navy, he allowed &illegible; &illegible; &illegible; for his salary: that The Sub, and P. Pit, and Mr. W. &illegible; three of the Commissioners for the service of the Navy, shall be allowed 250 l. per annum to either of them respectively, for their respective Salaries. That 100 li. per annum be allowed to their Clerks, that all other Fees and Perquisers belonging to Surveyors, Commissioners, and their Clerks, or either, and every of them be from henceforth absolutely taken away, and shall not be received by them, or any of them. That the Committee of the Navy do give power to the said Iohn Holland, Tho. Smith P. Pit, and Mr. W. &illegible; Commissioner, for the service of the Navy, and their Clerks forthwith to Act accordingly, and that a Bill be brought into that purpose. And that it be referred to the Councel of &illegible; to consider of, and report to the Parliament some reasonable increase of the Sallaries to Officers in the &illegible; whereby they may be enabled to maintain themselves in the service without abuse to the &illegible; to be allowed upon the return of their ships to Harbor, and delivering up their respective charges to such Officers as shall be found faithfully to have discharged their respective places without abuse to the State, and wilfull &illegible; of the stores or goods, committed to them respectively, or otherwise, and to such only and the said Councel are also to prepare and represent to the Parliament sitting Laws or Rules, with penalties for preventing any such abuse or &illegible;
Feb. 22. An Act ordered to be ingrossed, enabling the Commoners of London, to call a Common-Councel, if the Lord Mayor, and Aldermen refuse. This Charter the greatest of the Kingdom, being dissolved hereby, why should all other Charters in general, which though they may hold forth something of ancient right, yet essentially are illegal, because ground by &illegible; who &illegible; had any right or power, but the sword to give them. The Ordinance for sale of Dean and Chapters Lands, read the second time and committed. Pray let not so many Members and Committee-men be purchasers, as in the sale of Bishops (though in others names,) The value of these Lands amount to neer four Millions, as already compared; which if advanced, what need have we of Excise, Free-quarter, or other burthen, or Assessment? Will not four Millions maintain the two Armies in England and Ireland three yeers compleat with all &illegible; charges? and will not eighteen moneths (in all probability, with Gods &illegible; &illegible;) settle both, and end the work, unless you make more by the Teste for the Councel of State, which was reported; and though the House Ordered upon the former Report, That they should subscribe, by way of approbation, to what the Commons had done in a bolishing the House of &illegible; and executing the King, yet upon this second Report, it was confirmed by the House, without subscribing to either, though the major part of the said Committee of &illegible; did refuse, and still do, to justifie the supream Authority in these highest transactions, but hopes to enjoy the benefit of both, in being upon this score thus accepted.
This day the High Court sate, and the Earl of Cambridge was brought before them, about forty Members of the &illegible; present, the Earl was first to make his defence concerning the Articles at Uroxeter, he first produced Mr. &illegible; as a witnesse to declare his know &illegible; the rendring himself prisoner to the Lord Gray. Then the Earl desired Lieut. Col. &illegible; Major &illegible; and Major Williams Hamilton might be sworn, but it could not be admitted, by reason they were &illegible; &illegible; and Officers under him, only &illegible; Court heard them &illegible; concerning the Articles, delivery of &illegible; &c. &illegible; them Captain Spencer of Colonel &illegible; Regiment was sworn, who made an exact Narative between the Earl and Maior &illegible; Lambert. The Earl pleaded, that &illegible; to his taking the Negative Oath, he had not broken it, for he had not engaged against the Parliament, but for the ends in the Parliament of Scotlands Declaration, &illegible; his Councel moved they might meet the Councel for the Common wealth about stating the Case, but it was denied, in regard no such thing could be made in matters of treason, but they might only declare their opinions in matters of Law: The Earl desired; in regard the particulars against him were long, he might have farther time granted to make his defence, which was agreed to provided he speak before his counsel were heard in matter of Law, and the day assigned Saturday 10 of the clock.
Feb. 23. They Vote all Delinquents in South wales to be discharged of &illegible; that are not worth eight pound I and per annum or 100 l. personal estate. And why should these Delinquents be capable of more favor, then the rest in the Kingdom? If we all live under one Law, let us have one Law to hold out equal right, and favor to all. They refer the grand Delinquents of those Counties to composition, as the rest of the Kingdom. This is just. They Vote all Members that have not appeared in the House, since the 31 of December last, shall be secluded till further Order. This is a hard case, if they have the leave of the House to be absent (as many of them have) without limitation of time: or if there have been no call of the House since, to require their attendance. But is not then the case &illegible; indeed, when those Members that were present, and appointed Commissioners for tryal of the late King, refused to attend that service, and others likewise, to be named in the Commission; and though not appearing therein, or abolishing the House of Peers, and their approbation the &illegible; But now desired by the supream Authority they absolutely refuse to give the same; and yet these Members must not only be still continued in the House, but admitted in the great Councel of Estates, and that in such number, as to be the major part thereof. And being impowred to raise and command the Militia, and other Forces of the Kingdom, set forth what Navy they please, and act all this, and much more, under an Oath of Secrefie. And can it be conceived that all the well-affected in the several Counties of the Kingdom, and all the honest souldiery of the Army, and Garrisons, who particularly declared and petitioned for Justice against the late King, will be satisfied with this grand Councel, with such unlimited power, and secret Oaths, for carrying on all designes that lie in their brests, when as the major part thereof will not approve of what the supream power hath done, in taking off the late Tyrants head, or abolishing the late useless and dangerous House of Peers? Can it be expected, that ever they will trust their lives, Estates, and their Alls in such hands? And is it not much to be feared, That the honest party of the Kingdom, who have not yet &illegible; the &illegible; to &illegible; will ever submit to worship that Idol? They Ordered to sit but &illegible; Wednesday, and Friday, in every week. &illegible; &illegible; &illegible; &illegible; They Order a Committee to being all publike Receipts of the Kingdom into one This, when settled, will save eight hundred thousand pounds a yeer to the State which is now paid &illegible; to unnecessary Officers.
This day his Excellency the &illegible; Fairfax upon several complaints made unto him of the great abuse of taking Free quarter by Souldiers without order; and some pretending themselves to &illegible; Souldiers, but &illegible; not granted this &illegible; Order, or Proclamation, for prevention of the like for the future.
WHereas Information is given That several persons, not Souldiers, do pretend themselves to be Souldiers, and produce counterfelt &illegible; and Tickets for Quarter, and take Free-quarter where ever they come, to the great iniury of the Nation, and dishonor of the Army (it being he desire and endevor of the Army that Free quarter might be taken off in all places.) For remedy whereof All souldiers are hereby required not to march from their Colours, and take Free-quarter without a Commission Officer; and the Commission Officer is not to require Freequarter upon any Ticket or pretence whatsoever until he have first shewed his Commission for his place as an Officer in the Army, and given his name, and the names of the Souldiers under his conduct. And if any shall contrary hereunto &illegible; the &illegible; Officers &illegible; &illegible; to &illegible; &illegible; &illegible; &illegible; such &illegible; &illegible; &illegible; as to the &illegible; of their offences shall be thought &illegible; by a Court &illegible;. &illegible; my hand and Seal.
Febr. 23. 1648.
&illegible;
On the 13 instant, there was a Merchant men with 10 &illegible; and till then, &illegible; &illegible; belonging to Lime, fought all night with two Irish men of War (with &illegible; &illegible; &illegible; &illegible; in them, of the Eastermost point of this Harbor) and sunk the &illegible; &illegible; with in two miles of the shore (after the Irish had left her) by the &illegible; &illegible; received in the fight; the beginning whereof was in the fight of us and we heard them &illegible; it all night: yet here were three of the Frigots in the Harbor, the &illegible; the &illegible; and the &illegible; which lay still and never stirred our; the last of which came in &illegible; the fight begun.
Mount. Feb. 10. We had a ioyful sight this day of Cap. &illegible; our Admiral, &illegible; &illegible; and Cap. Young, with three other stone Parliament ships bound for &illegible; and passing by this place: We hope their number will be soon encreased.
Feb. 24. They are likewise to consider of the sale of all the Crown I ends of the late King, Queen and Prince, Forests &illegible; &c. VVe thank you for it, we now may be &illegible; of our burthens in good time. They Vote for encouragement to &illegible; fourteen pound a peece for every Gun in the Vice Admiral of the Revolted ships, twelve pound for every one in the Rere Admiral, and ten pound a peece for every one in any of the &illegible; provided it be above a Minion.
SIr,
I doubt not, but the Malignants and other &illegible; persons amongst you, have before this made great brags of the proclaiming &illegible; &illegible; King of Great &illegible; at this City. But to give you the certainty of the maner thereof, and &illegible; &illegible; mis-information, I shall give you a short and full &illegible; thereof. On Wednesday &illegible; &illegible; Mr. &illegible; a disaffected Minister and formerly distracted, and now little better (especially since the late Kings execution) having got a Printed Proclamation sent &illegible; &illegible; to some disaffected persons in this City or County, did openly in the Market place, proclaim &illegible; the second King of Great &illegible; some of Colonel &illegible; his Regiment being &illegible; &illegible; in the City, and &illegible; of it, made pursuite, and inquiry after &illegible; said &illegible; &illegible; could not finde him. The &illegible; Alderman, and &illegible; of the City, &illegible; nothing of it, till proclaimed; and indeed, we cannot finde, any other that did either &illegible; &illegible; countenance the doing hereof: So much we have certified &illegible; to his Excellency by &illegible; expresse.
We are all quiet in these parts yet, and I doubt not but we shall, prevent the enemies private designes of relieving this Castle. There came last week one of the enemies &illegible; out of the Castle, with a message, and desired he might go home for he had no minde to go in again; An Officer upon the &illegible; where this Drum was put, having been upon &illegible; duty three nights, together fell into a little &illegible; and dreamed this Drum &illegible; some &illegible; Letters about him; the Drum was frighted to at some &illegible; and upon &illegible; we &illegible; a very little piece of paper in his &illegible; &illegible; close written in Cyphers, sealed and directed [For Mr. Clark,] by whom upon examination, was &illegible; &illegible; Mr. &illegible; &illegible; &illegible; late of Rothwell, a most &illegible; us enemy, and Considerate with &illegible; this &illegible; &illegible; delivered by Sir Iohn &illegible; to the &illegible; with &illegible; to carry &illegible; the said &illegible; at &illegible; Iohn &illegible; house at Nostal Hal to be communicated to the Lady &illegible; at &illegible; Pannel but they having notice of the &illegible; discovery, by some &illegible; &illegible; in the Town, refused to town &illegible; but &illegible; (though not the right Key) is apprehended, and the &illegible; &illegible; &illegible; There was also found in the sole of the Drummers shot, &illegible; &illegible; &illegible; to be delivered as before; they agreed upon a &illegible; how to know that &illegible; &illegible; delivered those Notes to Mr. &illegible; viz. That he should come &illegible; &illegible; &illegible; upon, within &illegible; and view of the Castle, and there wash &illegible; &illegible; &illegible; &illegible; upon the &illegible; after, about two a Clock in the afternoon under a badge corner, and by that they &illegible; know it was delivered; and that he should know they did take notice of it, they would &illegible; that time fire a piece of Ordnance from the (late) Kings Tower, but the providence of God prevented the Drummer, and so ordered, that at that very time Beaumont was hanged in their view; I perceive his brother Key will be hanged too, before he will discover anything of the businesse, for he saith their Cause is Just, and whatsoever they do in prosecution thereof (though never so evil and wicked) is no sin, and the evil of it ought not to be imputed to them but to those that oppose them.
There is also one Tobias Swinden, another Priest, and notorious enemy, of the confederacy with Beaumont &c. to whom were sent some Cyphers from William Paulden, one of that Tribe, a dangerous enemy, who commanded the Party when Col. Rainsborough was killed, and is lately dead in the Castle, but this Swinden cannot be found.
Westminster. Febr. 26. The high Court sat this day, and three Common, and one Civil Lawyer was heard, as Councel for the Earl of Cambridg. They pleaded first he was no free Denizen, and though his father was naturalized and his heirs, yet he not born in the Kingdom could not receive any benefit thereof by the Law of the Land, no more then a free Denizen of England, whose issue were aliens, who could not be capable of inheriting the state of their Father, though a free Denizen, because aliens; and therefore such Estates are forfeited to the King for want of issue by the Law of this Land. That if he had been a free Denizen, yet it was not prejudicial to him, because he acted by Command and Authority of the parliament of another Nation (and not of himself) who was governed by another distinct Law. 2. He pleaded, that he had Articles granted him of fair quarter, by Maior General Lambert, who had sufficient power to give the same, and was secured in prosecution thereof, by a party of his forces; and that the Lord Grey had no power to interpose and infringe the same. 3. That he was Ordered to be banished by Parliament, paying one hundred thousand pounds for his ransom or Delinquency. The Councel was heard with much patience, and the Councel for the State, is to be heard to morrow in this Cause.
The Scots Commissioners sent this day a Letter to the Parliament, expressing much bitterness and malice as to their late proceedings against the King, calling them in that language, that my pen would blush to mention it. The house was informed that a Copy of what they had sent to the house, was in the Presse, and intended to be speedily published; They therefore voted a short Declaration, to be printed against this day, to undeceive, and take off the edge and rancour thereof from the spirits of the people. And in respect the like presumption had never been made before by any Embassadors, or Commissioners, as this, which they conceived was without Commission from the Parliament of Scotland. They ordered that a guard should be clapt upon the Commissioners of Scotland, till such time as the Parliament of Scotland do give their approbation, or disprovall of what they have done herein, but the Birds were removed, and flown the night before.
A Petition of divers Well affected Officers and souldiers of the Army under the Command of the Lord General Fairfax, was presented this day to the House by some Officers and souldiers of the said Army, desiring to take off Excise, and Tithes, Establish wholesom Laws in our own language, and many other Heads, which I shall not need to mention, &illegible; the Petition it self is printed at large in the second Page of this book. Another large &illegible; called by the name of Addresses of many wel-affected of the City of London was presented to the House and read, consisting of many Heads, for dissolving as they far, the High Court of Iustice, and the Councel of State, putting a period to this Parliament, and many other Heads, which I have not room to mention at this time; both these Petitions were referred to the consideration of a Committee, and the House adiourned &illegible; Wednesday next, when they intend to hear two Fast Sermons at Margrets Westminster.
London, Printed for R.W.
T.288 [1649.01.01] John Goodwin, Right and Might Well mett (1 Jan., 1649)↩
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Bibliographical Information
ID NumberT.288 [1649.01.01] John Goodwin, Right and Might Well mett (1 Jan., 1649).
Editor's NoteDedication to Fairfax left out in Malcolm edition. Also missing are the Section numbers, marginalia.
Full titleRight and might well met. Or, A briefe and unpartiall enquiry into the late and present proceedings of the Army under the command of His Excellency the Lord Fairfax. Wherein the equity and regularnesse of the said proceedings are demonstratively vindicated upon undeniable principles, as well of reason, as religion. Together with satisfactory answers to all materiall objections against them.
By John Goodwin.
Judge not according to the appearance, but judge righteous judgement, John 7. 24.
He that justifies the wicked, and her that condemneth the just, even they both are abbomination unto the Lord, Prov. 17. 15.
Plus togae lasere Rem-publicam, quam lorleae. Tertul,
Necessitat, quad cogito, executas. Sen.
London, Printed by Matthew Simmons, for Henery Cripps in Popes-head Alley, 1648.
Estimated date of publication
January 2, 1649.
Thomason Tracts Catalog informationTT1, p. 710; E.536 [28]
Malcolm/Editor’s Introduction
John Goodwin (1594?-1665), a staunch Puritan and an Independent, was one of the most radical of the republican divines. He was not only a frequent contributor to the paper wars on constitutional and religious subjects before and during the civil war but also an instigator of them.
Goodwin was born in Norfolk about 1594 and educated at Queen’s College, Cambridge. In 1633 he was instituted to the vicarage of St. Stephen’s in London where he became a popular preacher. Alderman Isaac Pennington, later lord mayor and member of the Short and Long Parliaments, was one of Goodwin’s parishioners. Goodwin’s combative nature led him into one controversy after another. He helped draft the London clerical petition against Archbishop Laud’s infamous canons of 1640 which had upheld the divine right of kings and proclaimed the unlawfulness of resistance to authority. Goodwin was one of the first clergymen to support the resort to war. Despite his adherence to Parliament, however, his emphasis on a gathered church of followers convinced the parliamentary Committee for Plundered Ministers to eject him from his living in 1645. This action presumably soured Goodwin on some members of Parliament. His ejection did not keep him from his calling; Goodwin managed to continue serving as pastor of his independent congregation, which met in the vicinity of his old church. In 1649 he was finally restored to his living.
Unabashed by tough measures, Goodwin rushed to defend the actions of the New Model Army after its purge of the moderate members of Parliament on 6 December 1648. His astonishing tract, “Right and Might Well Mett,” has been described as the most striking document in the development of the Independent party’s political theory. Its ironic dedication to General Thomas Fairfax, a man who had hoped to preserve constitutional forms, was dated 1 January 1649, the day the Rump Parliament voted to bring Charles I to trial for treason. The first of the tract’s two issues, reprinted here, appeared the following day. In it Goodwin maintains that the New Model Army was a truer representative of the English people than the Parliament it had purged. As the representative of the people the army had acted to save the nation. It was justified, he argued, by “a Law of greater authority, than the Lawes of the Land,” the law of necessity. Goodwin even suggested that many of the laws of God, “thinke it no disparagement . . . to give place to their elder Sister,” the law of necessity.
Not surprisingly this tract provoked a reply within the week. Sir Francis Nethersole, former secretary to the king’s sister, the Electress Elizabeth, had taken no part in the civil war but felt compelled to rebut Goodwin. A second response, this time by a Puritan divine John Geree, appeared on 18 January. By 25 January when Nethersole released a further reply the king’s trial for treason had already begun. Goodwin has been referred to as the first Protestant minister to have approved regicide.
Goodwin continued to publish throughout the Interregnum. He was taken into custody at the time of the Restoration but treated with amazing lenience, merely being banned from holding any public trust. He returned to his London congregation but not to the income from it and died in the plague year of 1665.
Text of Pamphlet
That the children of prey, and men lately under hope of dividing the spoile of this miserable Kingdome, when it should be reduced under the iron rod of enslaving tyranny and oppression (betweene which sad condition, and it, there was now but a step) should rise up with passionate outcries, and be ready to curse the Armie and their late proceedings, with bell, booke, and candle, is no matter of wonder, or much observation. But if the body of the people of the Land, or such who have no minde to be gratified with the sorrows or sighings of innocent men, should professe any dissatisfaction, or stand in conscience about the lawfulnesse or justnesse of such their engagements; it would argue, either first, that they alwayes lived not only free from oppression, but from the fear of it also, & so never had occasion to enquire, either upon what grounds, and by what means, oppression imminent may lawfully be prevented, or incumbent, be shaken off and suppressed; or else, in case they have suffered under oppression, that they never saw any visible or probable meanes of deliverance, and so wanted an inviting opportunity to consider, whether these meanes might lawfully be improved in order to such an end, or no. For certainely the grounds and principles upon which the said proceedings of the Army stand cleare and justifiable, are no parables, no darke, or disputable notions, or conceptions, but such, wherein even he that runneth, may read equity and truth; and which have been asserted for such, by grave, learned, and judicious men, who neither lent, nor tooke upon usury; I meane, who were no wayes interested in any such concernment, or case, as that now upon triall.
Though some other things have been of late acted by the Armie, wherein many pretendingly complaine of want of conscience and justice; yet I suppose they have done nothing, either more obnoxious to the clamorous tongues and pens of their adversaries, or more questionable in the judgements and consciences of their friends, than that late garbling of the Parliament, wherein they sifted out much of the drosse and soile of that heap, intending to reduce this body, upon the regular motion whereof, the well-being, indeed, the (civill) life of the whole Kingdome depends, to such members, who had not manifestly turned head upon their trust, nor given the right hand of fellowship to that most barbarous, inhumane, and bloody faction amongst us, who for many yeares last past have with restlesse endeavours procured the deepe trouble, and attempted the absolute enslaving, (which is, being interpreted, the utter undoing) of the Nation. So that if this action of theirs shall approve itselfe, and appear to be regular and conformable to such lawes, and rules of justice, which all considering and disingaged men conclude ought to be followed and observed in such cases, as that which lay before them; especially if it shall appeare to have been the legitimate issue of true worth and Christianity; I presume all their other actions of like tenor and import, will partake of the same justification, and honour, with it.
Let us first take into consideration the substance of such exceptions, which can with any pretence of reason, or colour of conscience be levied against the lawfulnesse of it. Afterwards if it be needful, we will consider further, whether those that be with it, be not more, or at least more weighty and considerable, than those that are against it.
The first born of the strength of those, who condemn the said act of the Armie, as unlawful, lieth in this; that the Actors had no sufficient authority to doe what they did therein, but acted out of their sphere, and so became transgressors of that Law, which commandeth every man to keepe order, and within the compasse of his calling.
To this I answer 1. as our Saviour saith, that the Sabbath was made for man (i. for the benefit of man) and not man for the Sabbath; so certain it is, that callings were made for men, and not men for callings. Therefore as the law of the Sabbath, though enacted by God, was of right, and according to the intention of the great Law-giver himselfe, to give place to the necessary accommodations of men, and ought not to be pleaded in bar hereunto; in like manner, if the law of callings at any time opposeth, or lieth crosse to the necessary conveniences of men, during the time of this opposition, it suffereth a totall eclipse of the binding power of it. It is a common saying among the Jewish Doctors, that perill of life drives away the Sabboth; yea Master Ainsworth citeth this saying out of the Hebrew Canons: Circumcision in the time thereof driveth away the Sabboth; and afterwards, that perill of life driveth away all. So that as there were severall cases, wherein (as our Saviour’s expression is) they who polluted the Sabboth were blamelesse; In like manner, there are very many cases, wherein men may transgresse the ordinary law of Callings, and yet be no transgressors. Therefore unlesse it can be proved, that the Armie had no necessity lying upon them to garble the Parliament as they did; their going beyond their ordinary callings to doe it, will no wayes impaire the credit or legitimatenesse of the action.
2. Nor did they stretch themselves beyond the line of their callings, to act therein as they did. Their calling and commission was, to act in the capacity of Souldiers for the peace, liberties, and safety of the Kingdome. What doth this import, but a calling to prevent, or suppresse by force, all such persons and designes, whose faces were set to disturb, or destroy them? Nor did their Commission (I presume) limit or conclude their judgements to any particular kind of enemies, as if they had only power, or a calling thereby, to oppose or suppresse, either such, who should confesse themselves enemies, or such, who by the interpretation or vote of any one party, or faction of men in the Kingdome, should be reputed and deemed enemies: but all such, without exception, whom they, upon competent grounds, and such, as upon which discreet men in ordinary cases are wont to frame acts of judgment, and to proceed to action accordingly, should judge and conclude to be enemies. Or if it shall be supposed, that by their Commission they were limited to judge only those enemies to the Kingdome, with their abbettors and supporters, who were in Armes with the King, or on the King’s behalfe against the Kingdome, in their Representatives; those Parliament-men, whom they have excluded from sitting in that house, having notoriously discovered themselves to be men of this engagement, friends and abettors of those, who very lately were, and yet in part are, in armes against the peace and safety of the Kingdome, in this consideration fall directly and clearly under their commission; and consequently, by warrant hereof, they have, and had a calling, to proceed against them as they did.
3. If the calling which the Parliament itselfe had to levy Forces against the King and his Party, to suppresse them, and their proceedings, as destructive to the peace, liberties, and safety of the Kingdome, was warrantable and good, then was the calling of the Armie to act as they did in the business under debate, warrantable and good also. But the antecedent is true, therefore the consequent also. The minor proposition, viz. that the calling of the Parliament, to levy Forces against the King and his Party, in order to the ends mentioned, was every wayes warrantable and good, I presume will not be denied by the Parliament-men themselves. Or if they should deny it, they would but deny the Sunne to be up at noone-day, inasmuch as the truth thereof hath beene brought forth into a cleare and perfect light, by many pennes, yea and by their owne (in many of their Declarations) yea, and Mr. Prynne himselfe hath set it up in a great Volume as upon a mountaine, that it cannot be hid; though by the fervency of his late Devotion to the King’s interest and cause, he hath attempted the melting downe of that mountaine.1
The connexion in the major proposition is valid upon this consideration. The Parliament (or at least the Parliament men who did the thing) had no other calling, to oppose the King and his, by force, but only the generall call of the major part of the people, by which they were inabled to act in a Parliamentary capacity, [i. more effectually, and upon more advantagious termes, than singly, or out of such a capacity, they could] for their good. By this call by the major part of the people, they were enabled only in a generall, implicit, and indefinite manner, to raise forces against the King and his complices, for the safetie, and behoofe of the Kingdome. So that the particularity of this action was not warranted simply by the nature, or tenore of their call, but by the regular and due proportion which it had to the accomplishing of the end, for which they were chosen or called, viz. the people’s good. From whence it followes, that whether they had beene in a Parliamentary capacity, or no, yet if they had been in a sufficient capacity of strength, or power for matter of execution, their call to doe it, for substance, had been the same, though not for forme. And suppose there had beene no Parliament sitting, or in being, when the King and his party rose up in armes against the Peace, Liberties, and safety of the Kingdome; doubtlesse if any one man had been able to have secured the Kingdome in all these against them, his action had not been censurable for want of a calling to it; in as much as every member, as well in a body politique, as naturall, hath a sufficient call, yea an ingagement lying by way of duty upon it, to act at any time, and in all cases, according to its best and utmost capacity, or ability, for the preservation and benefit of the whole. Now then, supposing the same proportion to the peace, benefit, and safety of the Kingdome, in what the Army did in purging the Parliament, and in what the Parliament itselfe did, in opposing the King by force (which is a point of easie demonstration, and is ex super abundanti, proved in the large Remonstrance of the Army lately published)2 let us consider, whether the call of the Army, to act for the Kingdome as they did, be not as authentique, cleare, and full, as that of the Parliament to act as they did, in reference to the same end.
First, the authority and power of the people [or rather the present exercise and execution of this power] to act for their owne preservation and well being in every kind, was as well formally, and according to the ceremonie of the Law, as really, and according to the true intentions and desires of the people, vested in the Parliament. So that the Parliament by vertue of this investiture, and during the same, had the same right of power to raise an Armie, and to give unto it what Commission they judged meet, in order to the benefit of the people, or to act any other thing of like tendency, which the people themselves had, to chuse for themselves a Parliament. Therefore whatsoever lieth within the verge of the Armie’s Commission derived from the Parliament, relating to the Kingdome’s good, they have as full and formall a call, or warrant, to act, and put in execution, as the Parliament itselfe had, either to raise an Army, or to doe any other act whatsoever. If then first, the tenor of their Commission stood towards any such point as this, (which I presume is no way questionable) viz. to suppresse by strong hand, all such persons, whom upon rationall grounds they should judge enemies to the peace and welfare of the Kingdome; and secondly, that those Parliament Members, whom now they have cut off from that body, were upon such grounds judged such by them, (of the truth whereof they have given a super-sufficient account in their said late Remonstrance); it is as cleare as the Sun that their calling to act as they did in cutting off these Members, is every whit as legitimate and formall, as that of the Parliament itselfe is to act anything whatsoever, as a Parliament.
Nor is it of any value to pretend here, and say, that it is not to be beleeved, that a Parliament should give any Commission unto men, to act against themselves, or in a destructive way to their priviledges, or honours. For to this I answer.
First, that Law-givers, whilst they are sober, and in their right mindes, may very probably make such Lawes, for the ordering and restraint of persons distracted and madd, which in case they afterwards become distracted, may, and ought to bee put in execution, upon themselves. And in case any of those Parliament men, who joined in granting that Commission unto the Army, by which they were inabled to fight, slay and destroy all those that were in armes against the Parliament, should afterwards have turned Cavaliers themselves, and been found in armes against the Parliament (as some of them, if my memory faileth me not, were) they might very lawfully have beene encountered and destroyed by the Army, by vertue of that Commission which was granted by themselves.
Secondly, what only one Emperour explicitely spake to an inferiour Officer created by him, when hee delivered him the Sword; If I doe justly, use this for me; if unjustly, use it against me; the same implicitely, and according to the exigency of the trust committed by Office, doth every superiour Magistrate say unto him, whom he chuseth and admitteth into a place of subordinate office, or power under him. For the punishment of evill doers, and so the procurement of the publique good, doth not lie by way of Office, or duty, upon the chiefe Magistrate only, but upon all subordinate Magistrates also, and Officers whatsoever. This is evident from this passage in Peter: Submit yourselves to every ordinance of man for the Lord’s sake, whether it be to the King, as supreame; Or unto Governours. [i. inferiour Magistrates or Officers] as to them that are sent by him for the punishment of evill doers, and for the praise of them that do well. So then, the punishment of evill doers, and this simply, without all partiality, or distinction of persons, (which are things sinfull in all Magistrates whatsoever, as well subordinate, as supreame) and likewise the protection and incouragement of those that doe well, lying by way of Office and duty, upon all those, who by the King, or supreme Officer, are invested with any power of authority, though subordinate; evident it is, that whensoever a King, or other Supreame authoritie, creates an inferiour, they invest it with a legitimacy of magistraticall power to punish themselves also, in case they prove evill doers; yea and to act any other thing requisite for the praise or incouragement of the good. Nor is there any pretence here for such an exception, as the Apostle Paul findes, in the grand Commission of Christ. But when hee saith all things are put under him, it is manifest that he is excepted, which did put all things under him. God the Father being uncapable of sin, is not capable of losing that soveraigne dignity, which is native and essentiall to him; and consequently, not capable of comming into subjection under any creature, as Christ Mediator, in respect of his human nature, is. But Kings and Magistrates of the highest, being very capable even of such sins, which are destructive to the peace and welfare of the people under them, and repugnant to the incouragement of those that doe well, and consequently, which appertaine to the cognizance of every Magistrate, to whom the care of such things is intrusted, are very capable also of forfeiting that dignity, which is naturall and essentiall to them, as Kings, or Supreame, and of rendering themselves obnoxious to those authorities and powers, which out of such cases, are under them, but upon such miscariages, are above them; as Reuben forfeited that excellency of dignity, which appertained to him, as the first borne of his Father, by going up unto his Father’s bed. Upon this very ground Calvin himselfe, Zwinglius, and other reformed Divines, and the Scottish Ministers themselves (more generally) and Master Prynne more voluminously than they all, determine and adjudge it, not only lawfull, but matter of duty and charge lying upon the subordinate Magistrates, to curb and bridle the tyrannous extravagancies and incursions of Kings and Princes against their people. But
Secondly,3 suppose the Armie had not a call to act as they did, in the case under debate, every waye’s as full of formality, as the call of the Parliament to act as they did, in opposition to the King, yet might their call be (and indeed was) as materiall, as weighty, as considerable, and as justifiable in the sight of God, and of all unprejudiced intelligent men, as the other. The call of the Parliament we spake of, was from the persons of the people, expressed by formality of words, or other ordinary gestures, testifying such a call from them: and this call they (or most of them) received from the people, whilst as yet they (the people) were in no visible, at least in no imminent or present danger of being swallowed up in slavery and tyranny. But the call of the Armie, to deny the opportunity of the house, to those Members of Parliament, whom they sequestered, was from the strong and importunate cries of the people’s Liberties, yea and of many of their lives, being now laid upon the Altar, ready to be offered up in sacrifice upon the service of the lust and revenge of a most inhumane generation of men, who (it seemes) thirsted after them with that furiousnesse of thirst, that they made no spare of their owne deare lives themselves to make the purchace, and were now under a great additionall enragement, as having been for a long time chafed up and downe in their owne blood, and by a strong hand kept falling from their desires. Now the calls of the miseries and extremities of men for reliefe, are more authorizing, more urging, pressing, and binding upon the consciences of men, who have wherewithall to afford reliefe unto them, than the formall requests or elections of men to places of trust or interest, when the electors have no such present or pressing necessity upon them, for the interposall of the elected on their behalfe. The necessities of men call more effectually, than men themselves; yea, the truth is, that the calls of men, calling others there to helpe or assist them, being in a tolerable condition of subsisting, without receiving the helpe they call for, are but dallyings, or sportings, and shadowes of calls, in comparison of the loud, vehement, and importunate cries of the exigencies and extremities of men, though the men themselves should hold their peace.
Fourthly, (and lastly to the first objection) the common saying, that in case of extreame necessity all things are common, extends unto callings also. In cases of necessity, all callings are common, in order to the supply of the present necessity. David and his men being hungry, were all Priests, in reference to the satisfaction of their hunger, and did, and that lawfully, eate that bread, which (as our Saviour himselfe affirmeth) was lawfull only for the Priests to eate. Polanus a reformed Divine of good note, granteth, that when Bishops and Ecclesiastiques are defective either in will, or skill, for the reformation of Religion, and the Church; laicks, or private men “may lawfully supply their defect herein,” and act the part of Bishops or Ecclesiastical persons, in such reformations.
When the Pilot, or Master of a Ship at Sea, be either so farre overcome and distempered with drinke, or otherwise disabled, as through a freneticall passion, or sicknesse in any kinde, so that he is uncapable of acting the exigencies of his place; for the preservation of the Ship, being now in present danger, either of running upon a quick sand, or splitting against a rock, &c. any one, or more of the inferiour Mariners, having skill, may, in order to the saving of the Ship, and of the lives of all that are in it, very lawfully assume, and act according to the interest of a Pilot, or Master, and give orders and directions to those with them in the Ship accordingly, who stand bound at the perill of their lives in this case to obey them. By such a comparison as this, Master Prynne himselfe demonstrates how regular and lawfull it is for Parliaments, yea and for particular men, to turne Kings, I meane, to assume that Interest and power, which the Law appropriates to the Office, and vesteth only in the person of the King, when the King steereth a course in manifest opposition to the peace and safety of the Kingdome.
The passage in Master Prynne, though it be somewhat large, yet being thorough and home to the point in hand, I shall present Verbatim. Go too now (saith this Anti Protyrannicall Spirit) in this our Politique Ship, the Master gluts himselfe with Wine; most of his Assistants either asleepe, or drunke with mutuall cups, sportingly behold an imminent rock. The Ship in the meane time, either holds not that course, which is expedient for the owner, or seemes speedily to be wracked. What thinkest thou is here to be done under the Master, by one who is vigilant and solicitous? Shall he pull those by the eares, who are asleepe, or only jogge them by the sides? But in the meane time, lest he should seeme to doe ought without their command, shall hee not afford his helpe and assistance to the indangered Ship? Truly what madnes, or rather impietie, will this be? Seeing then (as Plato saith) TYRANNY IS A CERTAIN FRENZY and drunkenness, the Prince may utterly subvert the Republique, the most of the Nobles may collude, connive, or at least are fast asleepe; the people, who are Lords of the Republique, by the fraude and negligence of their Ministers, which is their fault, are reduced into greatest streights. In the meane time, there is one of the Nobles, which considers the incroaching tyranny, and detests it from his soule: what think’st thou is now to bee done against him by this man? Shall he only admonish his Colleagues of their duty, who themselves doe as much hurt as they may? But besides, as it is perillous to admonish, and in that state of things it may be deemed a capitall crime. Shall hee doe like those, who contemning other helpes, casting away their armes, shall cite Lawes, and make an Oration concerning Justice, among theeves, in the midst of a wood? But this truly is that which is commonly said, to be mad with reason. What then? Shall he grow deafe at the people’s groans? Shall hee be silent at the entrance of theeves? Or shall he finally grow lazie, and put his hands into his bosome? But if the Lawes appoint the punishment of a Traitor against one wearing buskins on his legges, who counterfeits sicknesse for feare of the enemies, what punishment at least shall we decree against him, who either through malice, or slothfulnesse, shall betray those whom he hath undertaken to protect? But rather he shall command those things that are needfull to such as are wary, by a Mariner’s shout: he shall take care lest the Common-wealth receive any detriment, and shall preserve the Kingdome even against the King’s will and resistance, by WHICH HE HIMSELF BECOMES A KING and shall cure the King himselfe as a frantique man, by BINDING HIS HANDS AND FEET, if he may not otherwise doe it. Thus farre Mr. Prynne; and full far enough to justifie whatsoever is said in these papers for the justification of the Army in their binding the hands and feet of some frantique Parliament men (as himself in a Platonick strain phraseth those, who either through malice, or slothfulnesse, shall betray those, whom they have undertaken to protect).
It were easie to multiply instances of like import. But by what hath been argued, the nullitie of that argument against the proceedings of the Army, drawne from the defect of a calling to act as they did, fully appeareth.
A second Objection is this: They resisted Authority, or the powers lawfully set over them; and therein, the ordinance of God: therefore their fact is to be condemned and cannot be justified. I answer,
First, To resist Authority, imports either a detracting or deniall of obedience to the just commands of Authority, or else the ingaging of a man’s selfe to dissolve, and take away Authority. Now certaine it is that the Army, in that act of theirs now in question, neither did the one, or the other. First, the authority of Parliament, had made no such Act, passed no such Vote, that none of their Members, though voting, or acting never so palpably, or with never so high an hand against the Interest, peace, and liberties of the Kingdome, should be debarred sitting in their house. In which respect, the Army debarring those Members, which had thus voted and acted, from sitting in that House, did not resist Authority in the former sence. Or in case it should be supposed, that the authority of Parliament, had made such an act, or passed such a Vote, as that mentioned, unlesse the equity and justnesse of it could be sufficiently cleared, the crime of resisting authority could not upon any sufficient ground be imputed to those, who should decline obedience to it.
Secondly, neither did the Army in the aforesaid act, resist authority in the latter sence; because what they did, no way imported any dislike of Parliament authority, nor had any tendency towards the abolition, or taking of it away; but only implied a disapprovement of the factious carriage of things in this present Parliament, as evidently bent against the safety, liberties, and well-being of the Nation; and tended withall towards a prevention of the like, or worse, for the future. But as for their approbation of, and resolutions to maintaine Parliaments, and Parliamentary authority (stated and formed in a regular and due proportion to the behoofe and benefit of the Kingdome) they stand abundantly declared to all the World in their late Remonstrance.4
If it be here yet further said; yea but though it should bee granted, that they did not resist Authority, in either of the two considerations specified, yet they did that, which was worse, or every whit as bad, as either of them. For they offered violence to persons in authority, and would not suffer them to act in that authoritative capacity, which was lawfully vested in them. To this also I answer;
First, it is lawfull for any man, even by violence, to wrest a Sword out of the hand of a mad man, though it be never so legally his, from whom it is wrested. The reason is, because in case a man that is mad, should be let alone with a Sword in his hand, either untill he be willing of himselfe to part with it, or untill it can be recovered from him by a due processe and course in Law, there is a probability in reason, and according to the frequent experience of the workings of such a distemper, that he will doe much mischiefe with it in the meane time: and the lives and limbs of men, are to be preferred before the exorbitant wills, or humours of men under distemper. This is the very case in hand. The Members of Parliament dis-housed by the Army, were strangely struck with a politicall frenzy (as Plato tearmeth it); they acted as men bereaved of their senses, that had quite forgotten the businesse committed unto them, and that knew, or understood nothing of matters relating to the peace or well being of the Kingdome, or of those who had intrusted them with their power: their counsels and votes of late still smiled upon their owne enemies, and the grand and most inveterate enemies of the Kingdome, but frowned and looked gastly upon their friends, and those that had constantly guarded them with their lives and estates.
- Hic furor haud dubius; haec est manifesta phrenesis. i.
- This madnesse is without all doubt,
- And phrensie manifest throughout.
Now then Parliamentary power being in the hands of these men, but as a sword or speare in the hand of a man distraught in his wits and senses, wherewith hee is like to doe little or no good but in continuall danger of doing much harme, it might very lawfully, and with the full consent of all principles of reason, equity, and conscience, be seized upon, and taken from them by a strong hand, for the prevention of such mischiefes and miseries, which, remaining in their hand, it daily and hourly threatened to bring upon the whole Nation and Kingdome.
Secondly, The King had as legall and formall an investiture into the power of the Militia, of sitting in Parliament, &c. as these men had into their Parliamentary places and trusts: yet did not the Parliament unjustly, or contrary to rules of equity, upon a plenary discovery of a bent in his will and counsels to suppresse the liberties of the Nation, to deprive him, and that by force, of the injoyment and exercise of those interests and priviledges, notwithstanding the legality of their investiture in him. Therefore upon a like discovery of the same bent in the wills and counsels of these Parliament men, the lawfulnesse of their elections into their places of trust, cannot reflect any unlawfulnesse upon that act, by which they were removed from, or debarred of them.
Thirdly, (and lastly) there is no Client that hath entertained a Lawyer, or Advocate to plead his cause, but upon discovery, yea or jealousie, of prevarication, and false-heartednesse to him in his cause, may lawfully discharge him, his entertainement notwithstanding. There is the same liberty in a Pupill, or person in his minority, to disentrust his Guardian, how lawfully soever chosen, upon suspicion of male-administration, or unfaithfulnesse. And why should the like liberty be denied unto a people or Nation, for the removing of such persons, whom they have chosen for Guardians to their Estates and Liberties, from these places of trust, when they evidently discerne a direct tendency in their proceedings, to betray them, both in the one and the other, unto their enemies?
But two things (it is like) will bee here objected. First, that the Parliament were Judges lawfully constituted, of the King’s delinquency against the Kingdome; but the Army were no Judges of such a constitution, of the miscarriages of the Parliament. Therefore there is not the same consideration, in point of lawfulnesse, in the proceedings of the Army against the Parliament, which is of the Parliament’s proceeding against the King. There is the same difference likewise betweene the act of a Client and Pupill, wherein the one dischargeth his Advocate, and the other his Guardian; and the act of the Army, in dethroning the Parliament men. To this I answer,
First, That whether we place the lawfulnesse of a Parliamentary Judicature in respect of the King’s Delinquency, either in their Election by the people, or in the conformity of this their Election unto the Lawes of the Land, certaine it is that the Army were Judges of every whit as competent, and lawfull a constitution of their delinquencies in the same kinde. For,
First, If we measure the lawfulnesse of Parliamentary Judicature by the call of the people thereunto, the Army (as was formerly proved) hath every whit as lawfull a constitution to judge who are enemies to the peace and safety of the Kingdome, as the Parliament itselfe hath. Nor doth it at all argue any illegality in their judgements about the Parliament men, that they had not the explicit and expresse consent of the people therein, or that they had no call by them so to judge; no more than it proveth an illegallity in many Votes and Ordinances of Parliament, that they were both made and published, not only without the particular and expresse consent, but even contrary to the minds and desires of the people, or at least of the major part of them. Besides it is a ridiculous thing to pretend a want of a call from the people, against the lawfulnesse of such an act, which is of that soveraign necessity for their benefit and good, which the actings of the Army were; especially at such a time, when there is no possibility of obtaining, or receiving a formall call from the people, without running an eminent hazard of losing the opportunity for doing that excellent service unto them, which the providence of God in a peculiar juncture of circumstances, exhibits for the present unto us. Men’s consents unto all acts manifestly tending to their reliefe, are sufficiently expressed in their wants and necessities.
If it be yet said, “But the people doe not judge the proceedings of the Army against the Parliament men, as tending to their reliefe, or welfare in any kinde, but as contrary unto both, nor doe they give so much as their subsequent consents thereunto”; I answer (besides what was lately said to the nullifying of this pretence) that Physitians called to the care and cure of persons under distempers, need not much stand upon the consents of such patients, either subsequent, or antecedent, about what they administer unto them. If the people be uncapable in themselves of the things of their peace, it is an act of so much the more goodnesse and mercy in those, who being fully capable of them, will ingage themselves accordingly to make provision for them. It is a deed of Charity and Christianity, to save the life of a lunatique or distracted person even against his will. Besides it is a ruled case amongst wise men, that if a people be depraved and corrupt, so as to conferre places of power and trust upon wicked and undeserving men, they forfeit their power in this behalfe unto those that are good, though but a few. So that nothing pretended from a non-concurrence of the people with the Army, will hold water. Or,
Secondly, If wee estimate the lawfulnesse of that Judicature, by the conformity of their elections thereunto, to the Lawes of the Land, the investiture of the Army into that Judicature, which they have exercised in the case in question, is conforme unto a Law of farre greater authority, than any one, yea than all the Lawes of the Land put together; I meane, the Law of nature, necessity, and of love to their Country and Nation: which being the Law of God himselfe written in the fleshly tables of men’s hearts, hath an authoritative jurisdiction over all human Lawes and constitutions whatsoever; a prerogative right of power to overrule them, and to suspend their obliging influences, in all cases appropriate to itselfe. Yea many of the Lawes of God themselves, thinke it no disparagement unto them, to give place to their elder Sister, the Law of necessity, and to surrender their authority into her hand, when shee speaketh. So that whatsoever is necessary, is somewhat more than lawfull; more (I meane) in point of warrantablenesse. If then the Army stood bound by the Law of nature and necessity, to judge the Parliament men as they did, viz. as men worthy to be secluded from their fellowes in Parliamentary interest, this judiciary power was vested in them by a Law of greater authority, than the Lawes of the Land; and consequently the legality, or lawfulnesse of it was greater, than of that in the Parliament, which derives its legality only from a conformity to the established Lawes of the Land. Yea the truth is, that that Law of necessity, by which the Army were constituted Judges of those Parliamentary Delinquents we speake of, cannot (in propriety of speech) be denied to be one of the lawes of the Land, being the law of nature, and consequently the law of all Lands, and Nations whatsoever, established in this, and in all the rest, by a better, and more indubitable legislative Authority, than resides in any Parliament, or community of men whatsoever.
If it be here further objected; yea but what necessity was there lying upon the Army, to assume that judicative power unto themselves, which they exercised upon the Members of Parliament? It is an easie matter to pretend a necessity (almost) for every unjust, and unrighteous thing; but not so easie to judge what such a necessity is, which is authorized by God with a suspensive power over human lawes. To this I answer,
First, That they cannot (at least in the ordinary signification of the word) be said to assume a power of judicature unto themselves, who only judge either of persons, or of things, in respect of themselves, and with relation to what concernes themselves by way of duty, either to doe, or to forbeare. The exercise of such a judging, or judicative power, as this, is imposed by God by way of duty upon all men: and woe unto them, who doe not judge, both persons and things, in such a consideration, as this. The neglect, or non-exercise of that judging faculty or power, which is planted in the soules and consciences of men by God, upon such termes, and with reference to such ends as these, draweth along with it that sin, which the Wise man calleth, the despising of a man’s wayes, & threateneth with death. But he that despiseth his wayes shall die. Now certain it is, that the Army did exercise no other judiciary power than this, about, or upon those Parliament men, nor in any other respect, nor with any other consideration, than to their own duty concerning them; which every other person in the Kingdom, either did, or ought to have done, as well as they. Every man is bound to consider, judge, and determine, what is meet, and necessary for him to doe, either to, with, for, or against, all other men; or at least all such, to whom he stands in any relation, either spirituall, naturall, or civill. That judgment then which the Army passed in their own brests and consciences upon those Parliament-men, as viz. that they were such, whom they stood bound in duty, having an opportunity in their hand to doe it, to cut off as unsound members from their body, was nothing else but the issue, fruit, and effect of that consideration of them and of their wayes, which they stood bound to levy, raise, and engage themselves in, about the one and the other. If the judgement which they passed in this kinde was erroneous, it was not erroneous through an usurpation of an unlawfull power to judge, but either through a defect and weaknesse of those discerning, or judging abilities, which they stood bound (however) to use; or else through an oscitancy, carelesnesse, or sloath, in not improving or acting these abilities, as they might, and ought, to the discerning of the truth. Certainly they who judge these Parliament-men worthy Patriots or Members of their House, or meet to have beene let alone without disturbance in their way, doe assume the same power of judicature concerning them, yea and concerning the greatest and weightiest matters of State, which the Army did, when they judged them meet to be sequestered. Yea they who judge, and condemne the Armie as evill-doers, for what they acted about these men; and not only so, but smite them also with the sword of the tongue, reviling them without any just warrant or ground, doe they not every whit as much usurp, and assume to themselves a power of judging, without any authority at all, as the Armie did in that very act of judgement, at which they make themselves so highly agrieved? Insomuch that to all such, that of the Apostle may be justly applied. Therefore thou art inexcusable O man, whosoever thou art that judgest. For wherein thou judgest another, thou condemnest thyselfe: for thou that judgest, dost the same things. Nay, If we speak of an authoritative power to judge, they who presume to justifie and absolve the Parliamentmen from the crime charged upon them, and to condemn the Army for charging them, are farre deeper in the usurpation of such a power, than the Armie. For the Army (as hath been said) had a legall commission from the Parliament itselfe, to oppose, slay, and destroy the enemies of the Kingdome, and therein a kind of authority derived unto them, to judge of these enemies, when they should meete with them (for a Commission or warrant to apprehend, or destroy such and such persons, without a liberty, or power, either granted, or supposed, to judge them such, when they are found, were a ridiculous nullity) whereas they, who being private men, shall undertake not only to censure, judge, and sentence the Armie as Malefactors in what they have done, but to proceed likewise to the execution of this their sentence by inflicting the penalty of stigmaticall and opprobrious terms upon them; by casting them out of the affections of their friends, by firing the spirits, and strengthening the hands of their enemies against them, doe all this without the least colour, shadow, or pretence of any lawfull authority whatsoever. But
2. That the judgement or sentence which the Armie passed upon those men, as meet to be dispossessed of their Parliamentary interest, was not erroneous in either of the considerations mentioned, or in any other, but every wayes just, and according to the truth, stands cleer upon this ground, viz. that they were become Renegadoes from their Trust, and acted by their counsels, debates, votes, and interests, in a diametrall opposition to the peace and safety of the Kingdome, and to publique good. Yea the tenour of their Parliamentary actings before their removall from the House, in the known dialect of politicall prophesie, presaged nothing but ruine and destruction to the liberties of the free-borne Subjects of the Kingdom in generall, and to the lives and estates of many thousands in the Kingdome, whom they stood bound in conscience, in a speciall manner to protect. For what could that grand encouragement, which they administered by their Votes to a potent party of men in the Kingdome who had so lately, and with so high an hand, acted hostility against the peace and liberties of the people, and against the lives of those who stood up to protect them, not having given the least overture of any relenting in their olde principles, but were now through that extreamity of paine which they lie under, having beene so often, and so deeply bitten, and stung by the fidelity and valour of the Army, more enraged in their spirits, than ever. What could (I say) such an encouragement, given by such hands, unto such men, but portend, either a re-imbroiling of this already miserably-wasted Nation, in Wars and blood, or else the necessity of a patient and quiet subjection of the Nation to the iron yoke of perpetuall tyranny and bondage, together with the certaine ruine of the lives and estates of those, who had shewed most faithfulnesse and courage in the defence of the Parliament and the Kingdome’s liberties, in opposing the King and his party, if the Army had not preventingly interposed, as they did? The by-past actions of men, especially such, which they have for any considerable space of time inured themselves unto, are propheticall of what their future actions are like to be, if opportunity paralleleth. The civill Law saith, that he that hath injured one, hath threatened many: and by the rule of proportion, he that hath injured many, hath threatened all. It is the saying of that late great Scholar and Statesman, Sir Francis Bacon; that men’s thoughts are much according to their inclination: their discourse and speeches according to their learning, and infused opinions: but their deeds are after as they have beene accustomed. Insomuch as afterwards he saith, as a man would wonder to heare men professe, protest, engage, give great words, and then doe just as they have done before. Yea the Scripture itselfe giveth testimony to this maxime, that what men have been by custome, they are like to be by continuance. Can the Ethiopian (saith God himselfe to the Jews) change his skinne, or the Leopard his spots? Then may ye also doe good that are accustomed [or, taught] to doe evill. And elsewhere (speaking of the same people) they hold fast deceit, they refuse to returne—no man repented him of his wickednesse, saying, what have I done? Every one turned to his course [or race] as the horse rusheth into the battle, meaning, that as the warlike horse, having been for a while curbed and held in by his Rider with a sharp bit, & strong hand, rusheth with so much the more violence and fury into the battle, when he feeles his liberty. In like manner these men, (and it is the case generally of all men) when they had been at any time restrained for a while, whether by my word, or my judgments upon them, from these vile practices; still upon the first opportunity that they found themselves loose, they re-practiced their former wickednesse with so much the more eagernesse and keenenesse of spirit.
It were easie to bring Authorities in great numbers, both divine and human, and these attended with a like traine of examples, both ancient and modern, for the further confirmation and credit of this axiome, that men generally are much more like to practice on their owne vices, than to fall off to the exercise of other men’s vertues. But by what hath been delivered in already upon this account, most evident it is, that the men deparliamented by the Army, were in their full career to the utter undoing of the Kingdome, when they were dismounted: and consequently, that the judgment of the Army looking upon them, as persons meet to be discharged from that great Trust, wherein they so prevaricated, was according to righteousnesse and truth. Therefore
3. (And lastly as to the objection last propounded) it is no such great matter of difficulty, clearly to discern, and judge of such emerging necessities (at least of many of them) which are authorized by God with a prerogative interest of suspending human laws. Hunger is by the holy Ghost himselfe enrolled amongst those necessities, which are invested by God with a faculty and right of suspending his owne lawes, so farre and in such cases, as they oppose the reliefe of it. Have yee not read, saith our Saviour to the Pharisees, what David did when he was an HUNGRY, and they that were with him, how he entered into the house of God, and did eate the shew-bread, which was not lawfull for him to eate (viz. in ordinary cases) neither for them that were with him, but for the Priests only? meaning, and yet were innocent and unreprovable, notwithstanding the transgression of a divine law (as touching the plain & expresse letter of it). Now if God hath asserted such a priviledge unto the necessity of hunger, whereby to supersede the conscientious obligation of his own law, in order to its present satisfaction, much more hath hee authorized it to the superseding of any constitution or law, meerly human, in reference to such an end; unlesse wee shall thinke, that hee is more jealous for the observation of the lawes of men, than of his owne. So then if it be no great matter of difficulty for a man to judge when he is an hungry, evident it is, that there are some cases of necessity obvious enough, whereunto the lawes of men ought to give place, and to be content to be, as if they were not. For the reason why hunger is invested with such a priviledge from God, as we speak of, is not simply, as, or because, it is hunger, i. such a peculiar and determinate πάθος, which in a way proper to itselfe, threateneth and endangereth the life of man; but in respect of the generall nature of it, and as it simply threateneth and endangereth this life, if it be not timely healed by the application of food, or nourishment. It was the preciousnesse of the lives of men in God’s sight, not any respect he bare to any particular way, or meanes of endangering them, which obtained from him the grant of such a priviledge unto hunger, that in order to its necessary satisfaction, it should overrule his owne law. So that whatsoever else it be, as well as hunger, which so apparently menaceth, or portendeth ruine and destruction to the lives of men, partakes of the same indulgence and grant of priviledge from God, with hunger, and is facultated by him, in order to the prevention of the mischiefe menaced, to transgresse a Law without guilt of sinne. By the cleare warrant of this consideration and deduction, the Jewes extended that grant of priviledge, which God (as we have heard) made, or indulged explicitely unto hunger only, unto all manner of things and cases whatsoever, whereby, and wherein life was exposed to imminent hazard and danger. Their common maximes were (as they were formerly mentioned, Sect. 4) that danger of life drives away the Sabbath: Perill of life drives away all, &c. Now if the perill of the life of one man, or of a small parcell of men (as David, and those that were with him, were no great party) was priviledged from heaven with a sinlesse transgression of a speciall law of God; certainly, the imminent danger of bloody combustions in the middest of a great Nation, wherein the lives of many thousands were like to be sacrificed, besides the hazard of bringing many other most deplorable and sad calamities upon the whole Land, which (as hath beene proved) wrought effectually in the counsels and actings of the disseated Parliament-men, is a broad and unquestionable ground of equity and right, for the Armie to build a prevention or diversion of them upon, though it be with a temporary disobedience to such lawes of men, which were never (doubtlesse) intended by the Law-makers themselves, for the binding, either of men’s consciences, or their hands, in such cases.
Only, lest the truth we assert, should possibly suffer through any man’s mistake, I shall adde one thing by way of caution, or explication about the premises. When wee seeme to approve of that principle of the Jewes, wherein they say, that Peril of life drives away all, and speak many things concerning the priviledges of necessity, we doe not suppose, nor intend to say, that men may lawfully transgresse every law or precept of God whatsoever, for the saving of their lives, being in danger, as for (example) that they may lawfully lie, forswear themselves, deny Christ, or the like, in such cases; for men (doubtless) ought rather to accept of death, than deliverance, upon such tearmes as these. But that which we suppose upon the account specified, is only this; that hunger, or any parallell exigence or necessity, have such an indulgencie of priviledge from God, which extendeth to the suspension of all such Lawes, as well Divine, as human, in order to the safety of men lying under them, which the light of nature, and that sence of equity and of what is reasonable, planted in men by God, may well judge to have beene intended by the respective Lawmakers, not for Lawes of an absolute and universall obligement, without all manner of exception, but only for the regulating of men in ordinary cases, and such as are of more frequent and usuall occurrence. Now certaine it is, that as there are some Divine Lawes which fall under this consideration (as we have seene) so there are scarce any (if any at all) of human constitution, but are subject unto it; I meane, which may not, according to the regular intentions of the Lawmakers themselves, lose their binding force and authority for a time, as cases may be; it being a true Rule, subscribed as well by Lawyers as Divines, that Every Law binds only according to the regular and due intention of the Law-maker.
The reason why no human Law, can reasonably be judged to bee of universall obligation (no, not according to the intention of the Lawmakers themselves) is, first, because the adequate end and scope of Law-makers in their Lawes, is presumed to be, the publique and common benefit and good of the community of men, who are to obey them. Now, as Aquinas the Schooleman well observeth, it often falls out, that that, which ordinarily, and in most cases is much conducing to common good, in some particular case would bee most repugnant and destructive to it, whereof hee gives an instance; unto which many others might readily be added. Therefore in such cases, wherein the observation of a Law, cannot but be of dangerous consequence, and prejudiciall to the publique, it is to be presumed, that it was no part of the intention of the Law-givers that it should be observed, or bind any man.
Secondly, it being out of the Sphere of all earthly Law-makers, to foresee, or comprehend all particular cases, that may possibly happen, they generally content themselves with framing such Lawes, the keeping whereof ordinarily, and in cases of a more frequent occurrence, is conducing to publique benefit and safety, not intending by any of these Lawes to obstruct or prejudice the publique, in any anomalous or unthought of case, but to leave persons of all Interests and qualities at full liberty, to provide for the publique in such cases, though with a practicall contradiction to any, or all of their Lawes.
Thirdly (and lastly, for this) If it could, or should be supposed, that human Lawgivers are able to comprehend and make provision for all possible emergencies and cases, yet were it not expedient (saith my Author) for the Common-wealth, that they should multiply Lawes to such a number, as the particular stating and regulating of all such cases would necessarily require. Confusion in Lawes ought to bee avoided, which yet could not be avoided, if particular and expresse provision should be made in them, for the regulation of all persons, of what different capacities, or conditions soever, under all possible occurrences, in a due proportion to the common interest and benefit of men.
These things considered, evident it is, that there was never yet any Lawgiver amongst men, who, understanding himselfe, ever intended to impose any Law of a politique constitution upon men, without a reserve for those, on whom it was imposed, to provide for themselves, or for the publique good in cases of necessity, besides, yea and against, the literall import of such a Law. Therefore perill of life, which is the most confessed case of necessity of all others, though it cannot claime exemption from under some of the Lawes of God (such as were lately intimated) yet may it challenge this priviledge in respect of the Lawes of men. The reason of the difference hath been already in part signified, but more compleatly is this: viz. because those Lawes of God, which we now speake of, prohibiting such actions, which are intrinsically, and in their proper natures, as being contrary to the essentiall purity and holinesse of God, and not only because they are prohibited, matter of defilement unto men, must needs bee of universall obligation, in as much as no necessity whatsoever can be greater than, nor indeed equall to, this, that a man refraines all such actions, which are morally, essentially, and intrinsecally corrupting and defiling: whereas the civill or politique Lawes of men restraine only such actions, the forbearance whereof, as in ordinary cases, it is commodious for the publique Interest, so in many others, possibly incident, would be detrimentous and destructive to it. In which respect all the necessity of obeying such Lawes as these, may for the time, not only be ballanced, but even swallowed up and quite abolished by a greater necessity of disobeying them. And concerning such Lawes of God himselfe, which we call typicall, or ceremoniall, because they restraine only such actions, which are not intrinsecally, or essentially sinfull, or defiling, as not being in themselves repugnant to the holinesse of God, but had the consideration of sinne put upon them by a Law, in reference to a particular end; hence it commeth to passe, that God was graciously pleased, and judged it meet, to subject such Lawes as these to the pressing necessities of the outward man; or rather (indeed) to those other Lawes of his, by which he commanded reliefe for them; as it is written; I will have mercy, and not sacrifice. This by way of caution. But
Secondly, Another thing, that (its like) will be objected, upon, and against what hath been answered to the second maine objection, is this: That the Parliament men disturbed in their way by the Army, at least many of them, were Religious and conscientious men; voted, and acted as they did, conscientiously, really judging the course they steered, to be the safest and most direct for bringing the great Ship of the Common-wealth into the harbour of rest and peace. And is it not contrary, as well to principles of reason, as Religion, that such men upon so faire an account as this, should be so fouly handled? To this I answer;
First (not to question that, which I make no question but will be sufficiently proved in due time, I meane, the Religiousnesse of the Gentlemen spoken of) Religious men, are as well men, as religious: and consequently, are not yet baptized into the spirit of that divine prerogative, which should make them (in the Apostle James his phrase) ἀπειράστος κακῶν, persons untemptable by things that are evill. They that are capable of receiving gifts, or of any inordinacy in their desires after earthly accomodations, how wise, or just soever they be otherwise, are subject both to have their eyes blinded, and their words perverted. A guift, saith God himselfe, doth blinde the eyes of the wise [i. of those that are religiously wise, as well as others; the Scripture not often tearming any men wise, but upon that account] and pervert the words of the righteous. A guift, or anything equivalent to a guift, and that not only after it is received, but much more whilst it is yet desired, and expected, is apt to have both these sad operations even upon the best of men. For who can be better than those whom wisedome and righteousnesse joine hand in hand to make excellent?
Secondly, When men are religious only to a mediocrity, and withall servile in their judgments to some principles, which are commonly and with great confidence and importunity obtruded upon the consciences of professors, for sacred Truths, and yet are extreamly discouraging, and full of enmity to a thorough, stable, and quiet dependence upon God, by being religious upon such tearmes as these, they become twofold more the children of feare, than otherwise they were like to be, and consequently, so much the more capable and receptive of sad and dismall impressions from the World upon all occasions. And it is not more commonly than truely said; that Feare is a bad Counsellor.
Thirdly, When religious men sinne against the common Interest and liberties of a free borne Nation, and make one purse with the knowne and thrice declared enemies of their Land and people, whether they doe it, with, or against, their judgments and consciences, the Law of nature and necessity, cannot (for the present) stand to make, either a scrupulous inquiry after such a difference, or a regular assignement of favour to the qualifying circumstances of demerit; but calls, yea and cries out immediatly, and commands all men without exception, that have a prize in their hand, to give it for the redemption of their Nation out of the hand of Oppression and Tyranny. And when this Law hath been obeyed to the securing of the Nation, she presently resigneth, and this freely and willingly, all her authority and command, into the hand of positive and standing Lawes, calculated for the ordinary posture and state of things, untill there be another cry of like danger in her eares. When these standing Lawes come to resume their authority and power; there will be an opportunity to inquire, if it shall be thought convenient, who sinned, with, and who against, their consciences: and their assesments, which were we uniformly rated by the Law of necessity, may be reduced to tearmes of more equity by those other lawes. But
Fourthly, According to the Notion of that maxime in naturall Philosophy, that The corruption of the best, is worst, so are the miscarriages and errours of the best men, of worst consequence (in many cases). The digressions of men religious, are many times worse, than the thorough discourses of other men. When conscience and concupiscence meet (as oft they doe in religious men) the conjunction is very fiery. It was the saying of Gregory long since, When men conceive of sinne under the notion of a duty, there it is committed with an high hand and without feare. Nor ever was (nor is ever like to bee) the persecution of the Saints more grievous, than when those that shall persecute them, and put them to death, shall thinke that [therein] they doe God service. So that whereas the objection in hand pleads, on the behalfe of those Parliament men, who were religious, that they followed the light and dictate of their judgements and consciences, in complying with the King and his complices; the truth is, that though it may reasonably be thought so much the lesse sinful in them, if they did it upon such tearms; yet was it a ground so much the more justifiable for the Army to proceed upon to the dis-interessing of them, as they did. For when religious men breake out of the way of righteousnesse and truth, with the renitency and obmurmuration of their judgements and consciences, it is a signe that their judgements and consciences are yet at liberty, and in a condition to reduce them. But when these are confederate with their lust, there is little hope of their repentance. But
Fifthly (and lastly, for this) whereas the objection intimates some hard measure offered unto them, being men of conscience, and acting according to their judgements, the truth is, that I know not how the Army could walke towards them with a softer foot, to secure the liberties of the Kingdome, together with their owne lives and estates, against the menaces of their judgements and consciences, than they did.
A third grand Objection, wherewith some encounter that action of the Army, hitherto justified, is this: they therein (say these men) made themselves Covenant-breakers, and sinned against the Solemne Vow and Oath which they, or at least some of them, sware unto God with hands lifted up to Heaven, (if not with hearts also). In this Covenant they promised and sware, that they would endeavour with their estates and lives mutually to preserve the rights and priviledges of Parliaments, whereas by that violent dismembering of the Parliament, they brake and trampled upon them. To this we answer (more briefly).
First, That most certaine it is, that it is no right or priviledge of Parliament to Vote or Act in opposition to the benefit and good of the Kingdome, and those who have intrusted them. It is unpossible that anything that is sinfull, should be the right or priviledge of any person, or society of men under Heaven. Therefore if the Army did nothing more, but only restraine from acting in such a way, they did not herein violate a Right or priviledge of Parliament.
If it be replied, that though it be no right or priviledge of Parliament to Vote or Act contrary to their trust; yet it is a right and priviledge belonging to this house, that, in case any of the Members shall at any time so act, or vote, they should not bee questioned, or suffer for so doing; at least not by any other power, but by that of the House itselfe only; To this also I answer.
1. By concession, that this is indeed a right and priviledge of Parliament, taking the word Parliament in a due and proper signification; viz. for a Parliament consisting of a competent number of men not dead to their trust, who are in a capacity of faithfulnesse and integrity to discharge the office and duty of a Parliament, in endeavouring at least to relieve the pressures and grievances of the people, to protect their liberties, &c. It is the manner of the holy Ghost himselfe in the Scripture, frequently to deny the common Name of things, to such particulars in every kinde, which are defective in those properties for use and service, which should be found in them, and which are found in other particulars of the same kind. Thus Paul expressely, Hee is not a Jew which is one outwardly, neither is that circumcision which is outward in the flesh: But hee is a Jew which is one inwardly; and circumcision is that of the heart in the Spirit, not in the letter, &c. So elsewhere: when yee come together into one place, this is not to eate the Lord’s Supper. This is not, &c. meaning, that as they went to worke, that which they did, deserved not the Name, of an eating of the Lord’s Supper. Therefore
2. By way of exception, I answer further, that if by Parliament, be meant any number of men whatsoever, chosen by the people into Parliamentary trusts, and sitting in that House, where Parliaments (truly and properly so called) use to assemble about the great affaires of the Kingdome, whether these men, or the major part of them, love the interest of the Kingdome, and be cordially affected to the liberties of the people, or no, I know no such right or priviledge of Parliament, as that specified. A Parliament that is unusefull and unserviceable for Parliamentary ends, is no more a Parliament, than a dead man, is a man, or a Virgin defloured, a Virgin. And as a dead man hath no right or priviledge of a man (truly so called) belonging to him, unlesse it be to be so ordered & dealt with, that he may not be an annoyance or offence unto others: so neither doe I know any right or priviledge of a Parliament indeed appertaining to a Parliament politically dead, and which is not animated with a spirit of faithfulnesse to the publique, unlesse it be to be so entreated and handled, that it may not destroy the publique Interest, or endammage their Trustees (the people) in their liberties. It is a rule in Logicke; that an argument drawn from termes of diminution, is of no validity, or force. As for example, when a man is dead, it doth not follow; that because he is a dead man, therefore he is a man, or hath the properties of a man, as that hee is rationall, risible, or the like. By the reason which rules in this principle or maxime, our Saviour denies that inference of the Jewes, who argued themselves to be the children or seed of Abraham, because they were his carnall seede, or came from him according to the flesh. If yee were Abraham’s children, saith hee to them, yee would doe the works of Abraham: implying, that because they did not the workes of Abraham, they were not his children (viz. in that proper and emphaticall sence, wherein the Scripture is ordinarily to be understood, when it speaketh of Abraham’s children, and of the great promises and priviledges belonging to them). In like manner the Apostle Paul, when hee speaks of the priviledges and blessednesse setled by promise upon Abraham and his seed, still understands the word, seed, not in that diminutive or equivocall sense, wherein it comprehendeth as well his carnall or wicked seede, as that of a more noble descent, but in that emphaticall, weighty, and appropriate sence, wherein it only signifieth the children of Abraham indeed, i. spiritually such, and who resemble him in his faith and holinesse. After the same manner, when either the lawes or people of the Land, in their accustomed discourse, (and consequently the Solemn League and Covenant) speake of rights and priviledges of Parliament, they (doubtlesse) doe not take the word, Parliament in an equivocall and comprehensive sence, wherein it may be extended to anything, which in any sence or consideration may be called a Parliament, but in an emphatical & restrained sence, viz. as it signifieth a politicall body, consistory, or court of men, chosen by the people into Parliamentary Trust, faithfully prosecuting and discharging the import of the Trust committed to them. If this property be wanting in them, they are but a Parliament so called, not having the worth or consideration, whereunto such Rights and Priviledges which are called, Parliamentary, either according to principles of reason and equity, or according to the intention of the first Donors or founders of them, doe belong or appertaine. The premisses considered, evident it is, that the Army did not violate or breake any the rights and priviledges of Parliament, properly, or Covenantly so called, when they reduced the Parliament to the true nature, dignity, and honour of a Parliament, by secluding such Members from it, who altered the property, and turned the glory of it into a lie.
2. Be it granted, that the Army stood bound by their Covenant and Oath, to preserve the rights and priviledges even of such Parliaments as that was, which they divided, yet they stood bound also by the same Covenant and Oath, to such a duty or engagement, the faithfull application of themselves whereunto, in the case in hand, did fairely both in the sight of God, and men, discharge them from that other obligation: even as the duties of circumcising, and of sacrificing, when the seasons appointed for them by the law, fell on the Sabboth, priviledged those from guilt in breaking the law of the Sabboth, who performed them on that day. It is a common rule avouched by the best of our Divines, and by the light of nature and reason itselfe, that when two duties or commands meete in such a streight or exigent of time, that they cannot both receive that honour of observance, which belongs unto them, that which in the judgement of the Law-giver is the greater, ought to be observed, and the lesser to give place, for the time. Now in that Covenant and Oath which the objection speaketh of, there are these two duties or engagements (amongst others) imposed upon those, who take it. 1. An endeavour to preserve the rights and priviledges of Parliament. 2. The like endeavour to preserve THE LIBERTIES OF THE KINGDOME. The Covenant in both these, as in all other particulars contained in it, the takers of it stand bound by the expresse tenour thereof (in the sixth Article) to promote according to their power against all lets and impediments whatsoever: and what they are not able THEMSELVES TO SUPPRESSE or overcome, they shall reveal and make knowne, that it may be timely prevented or removed: all this they shall doe as in the sight of God. Which last words (compared with the words mentioned from the third Article) cleerely import, that the Covenanters stand bound, to promote the liberties of the Kingdome against all lets and impediments even in Parliaments themselves, if any be found there: yea and further suppose, that they may THEMSELVES SUPPRESSE and overcome what they are able (viz. of whatsoever opposeth the intent & end of the Covenant, which doubtlesse, was the benefit and good of the Kingdomes) especially when they know not where, or to whom to reveale or make knowne the obstructions they meete with, in order to any probable or likely prevention, or removall of them, in due time. Therefore if the duty of preserving or promoting the peace and liberties of the Kingdome, be greater, than that of preserving the rights and priviledges of the Parliament; and the Armie could not performe the former, without making such a breach as they did, upon the latter; evident it is, that in making this breach they are innocent and blamelesse. For the latter of these, it is cleare as the Sun from what was laid downe Sect. 21. that had not the Army interposed to such a breach of rights and priviledges, as is charged upon them, the peace of the Kingdome, had (in all human likelihood) been swallowed up in blood, and the liberties in oppression and tyranny. Concerning the former, there is full as little, or rather lesse, question. That common maxime, which rules especially in politicall affaires, Bonum quo communius, eò melius, the more common or extensive a good is, the greater or better it is, doth sufficiently confirme it. The preservation of the liberties of the whole Kingdome, is without peradventure a greater duty, than the maintenance or preservation of the liberties or priviledges only of a part of it; especially of such a part, which, for numbers, is inconsiderable. Besides, that which gives a kinde of sacred inviolablenesse unto the rights and priviledges of Parliament, is that typicall relation which they beare to the rights, priviledges, and liberties, of the Kingdome, and Common-wealth. New types are alwayes inferiour to the things imported, and represented by them, as servants are unto their Masters; and when they occasion, or threaten any damage, to their anti-types, they may and ought so far to suffer a defacement, as the brasen serpent was beaten to powder by Hezechiah, when it occasioned Idolatry against him, whom it represented.
Thirdly (and lastly) suppose there had beene no expresse clause in the Covenant, injoining the preservation of the liberties of the Kingdome, as well as of the rights and priviledges of Parliament, yet had the Army a more than warrant sufficient to have stood up for the preservation of them, as they did, and that without any breach of Covenant. Men by the tenure of their very lives and beings, which they hold of the God of nature, their great Creator, stand bound to obey the Lawes of nature, and that against all other obligations or bonds whatsoever: yea, the truth is, that all other obligations cease in the presence of this, all Lawes, Covenants, and engagements besides, being homagers unto it. Now there is no Law of nature that speakes more plainely, or distinctly, than this; that the strong ought to stand by the weake in cases of extremity, and danger imminent, especially when reliefe cannot reasonably be expected from other hands. Nor is it credible that either the Covenant-makers, or the Covenanttakers, did thereby intend, either in the generall, any disobligation from the Lawes of nature, or from duties, otherwise than by the said Covenant, lying upon men: nor in particular, any such preservation of the rights and priviledges of parliament, which should be inconsistent with the liberties of the Kingdomes. And it is a common rule amongst Lawyers, for regulating the interpretation of Lawes, as likewise of all other Declarations of men by words, whatsoever; that the mind or intent of the speaker, is to be preferred before, and is more potent [and consequently rather to be obeyed] than his words.
Nor doth the Act of the Army in that dissociation of the Parliament under debate, colour, or shadow (in the least) with the act of the King, breaking into their House, and demanding which, and how many of their Members he pleased, to be sacrificed upon the service of his will. For
First, It was more civility in the Army, to deny admission, or entrance into the House, unto those Members, whose sitting there they judged of desperate consequence unto the Kingdome, than it would have been, by force and violence to have pulled them out from thence; which was the King’s act, in actu signato (as the Schoole men distinguish) though not in actu exercito, the providence of God and men comporting to prevent this. And we know the old saying,
- Turpius eiicitur, quàm non admittitur, hospes. i.
- A guest we like not, ’tis more commendable
- To keep, than cast, out from our doores and table.
Secondly, The Members which the King sought to lay hold of, and to disparliament, were such, who THEN were (or at least were so looked upon by him) as the greatest Patrons and Protectors of the Kingdome’s Interest, and who, like the cloudy and fiery pillar of old, kept the Egyptian prerogative from comming at the Israelitish liberty, to destroy it. Whereas the Members, who were denied the House by the Army, were turned Proselytes to prerogative, and had renounced the Law and Doctrine of the people’s liberties. Therefore
Thirdly (and lastly) the cleare tendency of the Act of the King, was the violation of the Law of nature, by seeking to advance the will and power of one, or of some few, above, and against, the peace and comforts of many, whereas the act of the Army held a loyall conformity with the royall Law, the face of it being manifestly set to subject the power, interest and will of one, unto their lawfull Superiour, the just Interest or comfort of many. Therefore to goe about either to justifie the King’s act, by the act of the Army, or to condemne the act of the Army, by the King’s, is as if I should undertake to prove, that the night is lightsome, because the day is so, or that the day is darke, because the night is so.
A fourth objection in the mouthes of some, against which they conceive the Army cannot be justified in the businesse in question, is, that all such actions are contrary unto, and condemned by the Lawes of the Land. But to this objection, at least to the weight and substance of it, we have already answered over and over; and particularly have asserted and proved, First, that all human Laws and constitutions, are but of a like structure and frame, with the Ceremoniall Lawes of old made by God himselfe, which were all made with knees, to bend to the Law of nature, and necessity. Secondly, That it is to be presumed, that the intent of all Law-givers amongst men, is, notwithstanding any, or all their Lawes seemingly commanding the contrary, to leave an effectuall doore alwayes open for the common good, and in cases of necessity, to be provided for by any person, or persons, whatsoever. Thirdly, that all Lawes binde only according to the regular and due intentions of the Law-makers. Fourthly, that the Lawes of nature, and necessity, are as well the Lawes of the Land, as those commonly so called. Fifthly, that when any two Lawes encounter one the other in any such exigent, or straite of time, that both of them cannot be obeyed, the Law of inferiour consequence ought to give place to that of superior, and the duty injoined in this, to be done, though that required in the other, be left undone. We now adde,
First, That we charitably suppose, that there is no such Law of the Land, which prohibiteth or restraineth any man, or sort of men, from being Benefactors to the publique; especially from preserving the publique liberties in cases of necessity, when they stand in extremâ tegulâ, and are in imminent danger of being oppressed forever, there being no likelihood of reliefe from any other hand. And if there be no such Law as this, there is none that reacheth the case of the Army, no not in the criticall or characteristicall circumstance of it.
Secondly, That in case there be any such Law as this, that it is a meere nullity, and the matter of it no more capable of the forme of a Law, i. of an obliging power, than timber or stone is capable of information by a reasonable soule, which according to vulgar Philosophie, rather than the truth is, the proper forme of a man. The Lawes of nature and of common equity, are the foundation of all Lawes (truly and properly so called) and whatsoever venditateth itself under the name or notion of a Law, being built besides this foundation, wanteth the essence and true nature of a Law, and so can bee put equivocally such.
Thirdly, If there be a Law, which maketh force, offered to Magistrates, or persons in Authority, in any kinde, or any interrupting or disturbing them in their way, punishable; yet neither doth this evince the act of the Army, we so much speake of, to have been contrary to the Lawes. The reason is, because it is the constant genius and manner of Law-givers and of Lawes, to lay down only the general rule, and to conceal the exceptions; which they still suppose, are, or may be. Now the exception doth not breake the Rule, nor is it properly contrary to the rule, I meane, so as to evince a nullity, or crookednesse in, only it is not comprehended within the verge or compasse of the rule. All cases, saith the Roman Oratour and Statesman, are not provided for by written Lawes, but only those which are plaine, the exceptions being left out, or omitted. Consonant hereunto is that of Grotius: In Lawes prohibitorie, saith he, the words are commonly larger, than the minde or intent of the Law. Upon which occasion, that vertue, which the Grecians call ἐπιείκεια, we, Equitie, appeares to be most necessary in a Judge, or any other, to whom it shall appertaine to expound Lawes; the property hereof being as Aristotle long since observed, to rectifie [or right state] the Law, where it is defective, thorow the generality of it. By rectifying the Law, he meanes nothing else, but a limiting and restraining the binding force of it to cases intended by the Law-makers; together with an exemption of such cases from it, which upon grounds of reason and equity it may be conceived never were intended by them to be concluded in it. So that in some cases to presse and urge the rigorous extent of the letter of the Law, is to turne the waters of the Law into blood, and to overturne the true intent and meaning both of the Law, and Lawgiver, at once. Such urgings and pressings of Laws without due limitation, gave occasion to that Proverbiall saying in Tullie; that the Highest justice, is the Highest injustice. And the Imperiall Law itself makes him no better, than a transgressor of the Law, who fraudulently abuseth the sterne prerogative of the words contrary to the sense and meaning of the Law. And elsewhere: no reason of Law, or fairnesse of equity will indure it, that through hard constructions [of words] we should turne those things against the benefit of men, which were wholesomely brought in [amongst them] for their profit and good. Doubtlesse they stumble at this stone, who pretend to finde any such Law amongst the Lawes of the Land, by which the Army should be denied a liberty, or lawfulnesse of power to secure the peace and liberties of the Nation, by such a method and course, as they steered, necessity lifting up her voice, and crying unto them with such importunity, to doe it. For (as the aforementioned Grotius well observeth) amongst all the exceptions, which are tacitly included in Lawes, there is none, either more usually, or more justly admitted, than that which ariseth from necessity. By what we have argued, and related from learned and judicious men in this point, evident it is, both by the light of reason, as also from the testimony of very competent witnesses, that whatsoever the Lawes of the Land be, the Army could be no transgressors of any of them in standing up, and interposing as they did, to vindicate the publique liberties of their Nation, in such a case of necessity, as that before them.
A fifth Objection, wherewith some strengthen and comfort themselves against the deportment of the Army, hitherto justified, is this. The example of the fact must needs be of very dangerous consequence to the Kingdome. For by the same reason, and upon the same account, that the Army opposed the present Magistracy, and proceedings of the publique affaires amongst us, any other party of men, making, and finding themselves strong enough for the undertaking, may at any time attempt the like disturbance, and confusion: and so the Kingdome shall be alwayes in danger of the like combustions and broiles. I answer,
First, That the lawfulnesse or goodnesse of an action is not to be measured or judged, but by what may follow upon it, by way of sequell or event, by what is like to follow upon it, and this not by accident, or by misconstruction, but according to the native tendency, proper ducture, and inclination of it. It is wittily said by one, that he that goeth about to read the badnesse, or goodnesse of an action by the event, holds the wrong end of the booke upward. Christ did not amisse in giving a sop to Judas, though presently upon the receiving of it, the Devill entered into him, and prevailed with him to betray him very suddenly. Nor would it argue anything amisse in what the Army did, though never so many troubles, and tumultuous risings of people should breake out upon pretence of it. The reason is, because, as the grace of God itselfe, though a thing of most incomparable sweetnesse and worth, may neverthelesse be (yea, and daily is) turned into wantonnesse, and much sin and wickednesse occasioned by it in the World; so, and much more, may the most worthy actions and services of men, bee compelled to pretence the worst and vilest deedes that lightly can bee perpetrated. Therefore,
Secondly, Suppose the Army should have apprehended, not only a possibility, but even a probability, that that fact of theirs we speake of, would beget out of its owne likenesse, and occasion disturbances of quite another genius and spirit from itselfe; yet might it have been sinfull and unworthy in them notwithstanding, to stand still, and not to have acted as they did. The reason is, because when seed time is come, men must not observe the windes; nor regard the clouds, when it is time to reape. As men must not doe evill, that good may come of it, so neither must they forbeare the doing of good, because evill may come of it. Men are bound to sow the seed of good actions, though they had some cause to feare that an increase of Dragons would spring from it. But,
Thirdly, That no action of any bad consequence to the Kingdome, can truly plead legitimacy of descent from this of the Army, is evident thus. Where there is not a concurrence of the same circumstance (I meane, either formally, or equivalently the same) there can be no place for exemplarinesse, or likenesse of action. And when there is, or shall be, the like politicall constellation with that, under which the Army acted, the like action cannot in the direct and native tendency of it, be of any ill consequence to the Kingdome. The killing of a man by Titius being assaulted, and in his owne defence, is no ground, so much as in colour or pretence for Sempronius to slay a man travelling peaceably by him on the way.
Fourthly, Nor is it like, that the action of the Army wee speake of, should by any back doore of misconstruction whatsoever, let in mischiefe or disturbance into the Kingdome; considering that it was performed and done, in due order to such a provisionall settlement of affaires in the Kingdome, that as far as is possible, there may, neither occasion be given, on the one hand, nor opportunity left, on the other, to any party or number of men, to attempt any interrupture, distraction, or disturbance therein. Therefore, to pretend or plead, that the said action of the Army, is like to cause future trouble or disturbance in the Nation, is as if a man should say, that to build an house strong, walls, doores, and windows, were of dangerous consequence to invite theeves to asault, and break into it.
Fifthly (and lastly) The action of the Army is not disparageable by any possibility or likelihood of evill, that it may occasionally bring upon the Kingdome afterwards, more than the preservation of a man from imminent death is reproveable, because by it he is occasionally exposed to die another time. They who conceive that it had been better for the Kingdome, and more conducing to the peace of it in after times, that the Army should have sat still, and not interpose, as they did, argue at no better rate of reason, than I should doe, in case I should perswade my friend being dangerously sick, not to use the helpe of a Physitian for his recovery, because in case he did recover, his recovery might prove a probable occasion of more sicknesse unto him afterwards.
- —Quis furor est, ne moriare, mori? i.
- What madnesse is’t, through feare of future death,
- To wish myselfe deprived of present breath?
If the Army had not applied that plaister of steele to the boile, or plague sore of the Kingdome, which they did, there had been little, or no hope of the recovery thereof, from that politicall death, the symptomes whereof, had so strongly seized the vitall parts of it. So that though the cure, in processe of time should prove an occasion of a relapse, or bring the like distemper againe upon it; yet, as Hezechiah was not without cause thankfull unto God, who made an addition of fifteene yeares unto his life, after his sicknesse unto death, though this addition did not excuse him from dying afterwards. So shall the people of the Nation have just cause of thankfulnesse unto the Army for those dayes of freedome and peace, be they fewer, or be they more, which they shall enjoy, though slavery and oppression should returne upon them afterwards like clouds after the raine.
Another Objection, deemed by some impregnable, and above answer, is framed by way of inference from Rom. 13.1,2. Let every soule be subject to the higher powers—Whosoever therefore resisteth the power, resisteth the Ordinance of God: and they that resist, shall receive to themselves damnation. From hence the Army are concluded Transgressors, and liable to condemnation, because they resisted the higher powers; and therein, the Ordinance of God. But with this Objection we are not behinde hand, having given a sufficient answer unto it already, the substance of it being nothing but what the second Objection offered. Notwithstanding because we desire to give heaped measure of satisfaction, especially to such arguments, which pretend to the Scriptures; we thought it not amisse to lay the words themselves before you, out of which the objection is framed, and so to give in the surplussage of a further answer unto it. Therefore
1. We answer, by distinguishing (with the Ministers of Scotland, in their briefe Theses de Majestatis jure) betweene the power of Magistrates, and the abuse of this power. The power (say they) is from God, and so his ordinance, but not the abuse of it. Yea, hee no whit more allowes the abuse of a lawfull power in one Tyrant, than [the use of] an unlawfull power in another. So that if it were the abuse only of a lawfull power, which the Army resisted, they resisted no Ordinance of God, nor are they, for such an act, made liable to any condemnation by the Scripture mentioned. Now that it was not any power, but the abuse of power, which the Army resisted, hath been more than once, clearly enough evicted in this Apologie; and is further evidenced from hence; no other power, but that which is Parliamentary, can be pretended to have been resisted by them, in that act so often mentioned. But that they did not resist this power, but the abuse of it only, appeares; 1. Because this power remaines at this day quiet and undisturbed, in the midst of them. Yea 2. Their great care and desire is, to settle this power upon better terms for the due government of the Nation, than those, on which it hath been continued hitherto.
If it be said, that the Parliamentary power now in being, is no lawfull power, because it is under force; I answer, 1. that it is no more under force, than it was, whilst all the Members now secluded, had free liberty to sit and vote in that House. The same Army, which is now pretended to overawe, or keep under force the present Parliament, was as neer, and did as much to the Parliament then, in matter of force or awe, as now it is, or doth. Therefore if it were a lawfull power then, it is no lesse lawfull now. 2. Nor is the Parliament at this day under any more force, by reason of the Army, than it was for the space of about two years together before, by reason of the continuall tumultuous engagements and practices, both in City and Countrey. Nay 3. I verily believe, that if the Members of Parliament now sitting, would please to declare themselves upon the point, they would acknowledg and confesse, that they are as free from force, or feare (at least in respect of the Army) now, as they have beene at any time since their first meeting in their House. But to the maine objection in hand, I answer.
2. The ordinance of God in Magistraticall power, being the adequate foundation, upon which that subjection, or obedience, which he requireth of men unto it by his command, is, and ought to be built; evident it is, that this subjection is not commanded or required to this power, beyond the ordinance of God in it; i. unto any act, or injunction of men invested with this power, which swerveth from, especially which opposeth, this ordinance of God (in the end and intent of it). Now the end and intent of the ordinance of God in magistraticall power, being (as the Apostle cleerly asserteth, vers. 4.) the good of those that are subject to it [For he is the Minister of God to thee, for good] it is evident yet further, that there is no subjection commanded by God unto any higher power, further, or otherwise, than they act and quit themselves in a due order and proportion to the good of men. And where subjection is not commanded, resistance is not prohibited; and consequently, is not unlawfull. For where there is no law, there is no transgression. Therefore if those higher powers, the resistance whereof the objection chargeth upon the Army, were found acting, and apparantly bent to act on, in a way of manifest prejudice and opposition to the good of those from whom they expected subjection (which I presume, is little questionable to him; that hath read and weighed the premisses) and consequently, quite besides the end and purport of the ordinance of God, the Army, in that resistance which they made against them, transgressed no law, or precept of God.
Nor doth it follow from anything that had been said, that a Magistrate for every errour in the administration of his power, may be deposed from his place of Magistracy by any party of men: but this is that, which only followes, that, when the supreame Magistracy of a Kingdome shall be so farre, whether blinded in judgement, or corrupted in affection, that such counsels and actings put forth themselves in them from time to time, which are apparantly detrimentous and destructive to the generall and great interest of the due liberties of the people, reasonable security may be taken of them by any party of this people, having the opportunity, and all others wanting it, that they shall proceed and act no further in such a way.
3. (And lastly) that resisting the ordinance of God in the Higher Powers, which the Apostle (in the Scripture in hand) condemneth, Is not a detaining of men in Authority, though with a strong hand, from doing mischiefe in their places; but either (as was formerly said) a refusing obedience unto their lawful commands, or awards: or rather a complotting or attempt-making to shake off the yoke of all obedience unto civill Magistracy. Calvin upon the place seemes to incline to the latter; Paraeus, unto the former, whose words are these: Yet every disobedience is not to be termed rebellion, or resistance; but only that, which out of malice is practised, or admitted, contrary to the lawes, by those, who refuse to satisfie the law, by suffering such punishment, as they have deserved. If either of these interpretations of the place be admitted, certain it is, that it reflects no bad colour at all upon the action of the Army; who neither refused obedience in what they did to any command (much lesse to any lawfull command) of their Superiours, nor yet declined the giving of satisfaction unto the lawes, by refusing to suffer any punishment, which they had deserved. Paraeus layes downe this position upon the place, and maintaines it by argument; viz. That it is lawfull for subjects, though meere private men, in case a Tyrant shall assault or set upon them, as Thieves use to doe, and offer them violence, in case they want opportunity to implore the ordinary power for their reliefe, and can by no other means escape the danger, to defend themselves and theirs, in the case of present danger, against this Tyrant, as against a private robber upon the highway.
But concerning the true sence of the place, Calvin’s apprehensions are of best comportance with the words; which properly and primarily speake of magistraticall power or Authority in the abstract, and this under such a circumscription and consideration only as it proceeds from, and is authorized by God, and not of the persons of Magistrates at all, otherwise than they administer this power in a regular and due order to the end intended by God in it, which is (as hath beene shewed from vers. 4.) the good of those, that live under it. First, he doth not say, let every soule be subject to the higher Magistrates, but, to the higher powers. 2. Nor doth he say, There is no Magistrate, but of God; but, there is no power but of God. Nor 3. doth he say, the Magistrates that are, but, the powers that are, are ordained of God. Nor 4. Whosoever resisteth the Magistrate, but, whosoever resisteth the power, resisteth the ordinance of God: and they that resist [viz. the power, not the person] shall receive to themselves damnation. 5. He demands, Wilt thou then not be affraid of the power? not, of the Ruler or Magistrate. Chrysostome takes speciall notice of these expressions, and thereupon commentarieth the place, thus: What sayest thou [Paul] Is then every Ruler ordained by God? No, saith he, I say not so: nor doe I now speake of particular Rulers, or Magistrates, but of the thing [or, matter] itself [i. of the order, or power of ruling]. For that there should be powers [or Magistracy] and that some should rule, and some be ruled, and that all things should not runne loosely and hand over head, or the people bee like the waves [of the Sea] carried hither and thither, I affirme it to be the worke of the wisedome of God. Pareus himselfe likewise carrieth the words directly to the same point. Hee names powers, (saith hee), rather than Kings, Princes, &c. because he would bee understood to speake, not so much of the persons, as of the order. [or ordinance itselfe of ruling] For in the persons [of Rulers] vice oft times, and causes of not obeying, are found: therefore he would have the powers, to be differenced from the persons.
It is true, the Apostle names Rulers, ver. 3. where he saith, Rulers are not a terrour to good workes, but to the evill. And ver. 4. of the Magistrate or Ruler he saith, that hee is the Minister of God to thee for Good; and afterwards, that he is a revenger to execute wrath upon him that doth evill. But evident it is, that in these passages, hee speakes of Rulers and Magistrates not simply, or at large, but under the precise consideration of persons exercising the power, which they have received, in a due subordination unto God, and with a single eye to the procurement of that good, which God intended unto those, who are to obey, in his ordination of such powers. So that nothing can be more cleere, than that the adequate scope of the Apostle, in the Scripture before us, was to perswade Christians to owne, and to subject themselves unto, civill Authority, as the ordinance of God, so farre, and in such cases, as it should be administered by the persons invested in it, in a regular and due proportion to the benefit and good of those. i. of those communities of men respectively, who live under them; and from whom obedience and subjection are, upon such an account, due unto them. This supposed, we may safely, and without the least occasion of scruple, conclude, that there is nothing appliable in the Scripture in hand, to the case of the Army hitherto argued; unlesse (haply) it should be supposed (and the supposition will not be altogether without ground) that the Apostle inforcing subjection unto civill Authority, meerely as, or because, the ordinance of God, and as administered according to the gracious intentions of the founder and ordainer of it, tacitly, and in a consequentiall way, implieth a liberty in men to decline this subjection, when the administrations of it are irregular, and the gracious intentions of God violated in them. For in many cases, when an action is pressed in the nature of a duty, upon a speciall consideration or ground, the consideration failing, the action loseth the nature and relation of a duty. Now if this supposition be admitted, it is a cleare case, that the Scripture under debate, is altogether with, and not at all against, the Army.
I know nothing of moment, that can be opposed against the lawfulnesse of the action, hitherto apologised and justified in these papers, beyond what hath been already bought and sold (I meane, urged, and answered) at sufficient rates. The lawfullnesse of the action we speake of, being supposed, the honour and worth of it are of much more easie demonstration. For what better favour can a Christianly-heroique Spirit spread abroad of itselfe, than when men shall put their lives in their hand, and in this posture stand up to take Lions by the beards, when they are ready to teare in peeces, and devoure the Sheepe of the fold? To attempt the wresting of an Iron Sceptre out of those hands, which were now lifting it up to breake a poore Nation in peeces like a potter’s vessell? What the Army hath done in this behalfe, calleth to minde the unparallelable example of the Lord Jesus Christ, blessed forever, who descended into the lower parts of the Earth, went downe into the chambers of death, from thence to bring up with him a lost World. It was the saying of Plato, that to doe good to as many as we can, is to be like unto God. But to doe good to as many as we can, as well enemies, as friends, by an exposall of our owne lives unto death for the accomplishment of it, is a lineament of that face of divine goodnesse, which Plato (it is like) never saw. It was the manner of almost all Nations (as the Roman Orator observeth) to place the Assertors of their Countries’ liberties, next to the immortall Gods themselves, at the Table of honour. And I make no question, but when the Inhabitants of this Nation shall have dranke a while of the sweet waters of that Well of liberty, which the Army have digged and opened with their Swords, after it had been for a long time stopped and filled up with earth by the Philistines, they will generally recover that Malignant feaver, which now distempereth many of them, and be in a good posture of sobriety and strength to rise up early, and call their Benefactors, Blessed. However, the good will of him that dwelt in the Bush, be upon the head of such Warriors, who pursue that blessed victory of overcomming evill, by doing good; and according to the method of the warfare of Heaven, seeke to reconcile a Nation unto themselves, by not imputing their unthankfulnesse, or other their evill intreaties unto them, but in the midst of their owne sufferings from them, set themselves with heart and soule to set them at liberty from their Oppressors.
William Prynne, “The Soveraign Power of Parliaments and Kingdomes: divided into foure parts” (London, 1643), Wing P4088; William Prynne, “The Soveraigne Power of Parliaments and Kingdoms, or, Second Part . . . wherein the Parliaments and Kingdomes Right and Interest in, and Power over the Militia . . . ,” Wing P4088.
“A new Remonstrance and Declaration from the Army; and their Message for the conducting of His Majestie’s Royall person from the Isle of Wight to his Palace of Westminster” (London, 18 November 1648), Wing N740.
This is the third, not the second point.
“A new Remonstrance and Declaration from the Army.”
T.177 (9.36) Anon., The Peoples Right briefly Asserted (15 January, 1649).↩
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Bibliographical Information
ID NumberT.177 [1649.01.15] (9.36) Anon., The Peoples Right briefly Asserted (15 January, 1649).
Full titleAnon., The Peoples Right briefly Asserted.
London, Printed for the Information of the Commonalty of England, France, and all other neighbor Nations, that groan under the oppression of Tyrannical
Government. 1649.
15 January, 1649.
Thomason Tracts Catalog informationTT1, p. 714; Thomason E. 538. (13.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
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The Peoples Right briefly asserted.
IT is the Judgment of Ancient, and the best of Modern Writers, That the Body of a People, represented in a Convention of elected Estates, have a true and lawful power to despose of things at pleasure, for their own Safety and Security; and in order to that, to despose of the King or Prince, if he neglect his Duty, or act contrary to that end for which he was at first ordained; for that Kings are constituted for the Peoples good, not the People made for a Kings pleasure, is a thing granted by all rational men.
That therfore Kings have been, and justly may be layd aside, or otherwise censured, when they fail of that Duty, Historians will give Examples in all Kingdoms; and Political Writers sufficient Reasons for such Examples: Of which multitude it is not needful to grasp all; but such as have happened in those Kingdoms which are neerest to England, both in Seituation and Constitution of Government. Nor is it probable that such Examples had been so frequent, had it not been generally thought a thing consonant to the laws of Nature and Reason.
The Kingdom of France hath heretofore, not only in the boast of her own Writers, but consent of others, been esteemed a Government of the best Constitution, (though of late years it hath lost, in a high degree, the just Liberty of the Nation,) and hath abounded with Examples of this kinde. It is not therefore incident only to those Kingdoms, where the King is apparently Elective, but Hereditary also, as France is accounted. For the People never lost, nor gave away their supream Power of making Election, when need required, even in such Kingdoms. For though inheritance in the Grown were tolerated, to avoyd ambitious Contentions, Divisions, Interregnums, and other inconveniences of Elections; yet when greater mischiefs happened, as Tyranny in Government, the People did still, retain to themselves a power of curing that Malady; namely, of expelling those Tyrants, and choosing good Kings in their room.
The Parliaments of France (saith Almonins) had so supream an Authority, that not only all Laws were by them made and established, Peace and War decreed, Tributes imposed, and Offices conferred, but Kings also were by the same Authority, for Riot, Sloth, or Tyranny, layd aside, thrust into Monasteries, or otherwise punished; and sometimes, by that Power, whole Royal Families were deprived of Succession to the Crown, even as they were at first advanced by the People. So that (saith be) By whose approbation they were at first preferred, by their dislike they were again reiected. But before we come to particular Instances, let us consider the Reasons.
Whosoever considereth that Kings and all Governors were instituted for the peoples happiness, and made by their consent, must needs acknowledg that end, to be first and especially looked into: And because Kings, as men, may stray from their right way, and fail of their Duty; therefore Laws were made for a Bridle to them: which were indeed no Bridle, if there were no power to apply them, and see the Execution done: Which hath made divers of the learned political Writers (for it is not the voyce of one) to wonder, that in Legitimate kingdoms (for we speak not of barbarous Tyrannies) any man should be so sortish, as to think or say, that private men should be enabled by the Law to sue the Prince for a small quantity of Land or Goods: and yet that the Representative Body of the whole People have not power to lay the Law against him for Barricide, massacring of the People, and Treason (for that is their word) against his whole Country, and the Being of the Laws themselves: that the Law should use any severity in small things: and give impunity, with absolute license, in the greatest and most heinous offences. And upon that point of a King offending against his People and Country, it is that Bartolus speake, when he proveth the whole People to be superior to the King, and Proprietary Lord of the kingdom: whereas the King is but as Steward and Administrator of it.
Therefore (saith he) A King may commit Treason against the People, and be a Traytor and Rebel to his Country: And may justly be diposed, and further punished, by that Lord against whom he hath offended, which is the People, and those who represent them. And if the King (saith he) go so far as to Arms and Force, those Representers are to call the People to Arms, and proceed against him, in all points, at against a publique enemy.
Hence came that old saying of wise men, That in the Nature of Man there are two Monsters, Anger and Lust: and that it is the Office of the Law to bridle these two, and subject them to the rule of Reason. He therefore that would (saith Buchanan) let loose a King, or any other Man, from the curb of the Law, doth not let loose one Man, but two Monsters, to affront Reason. To the same purpose Aristotle concludeth, that he, which obeyeth the Law, obeyeth God and the Law: but he that absolutely obeyeth a Kings will, obeyeth a Man, and a Beast.
The Law is more powerful then the King, as being the Governor and Moderator of his losts and actions: But the whole Body of the people are more powerful then the Law, as being the parent of it. For the People make the Law, and have power when they see cause, to abrogate or establish it. Therefore seeing that the Law is above the King, and the People above the Law: it is concluded as a thing out of question, by Buchanan, Innius, and many others, that the People of right have power to call in question, and punish a King for transgressing the Law.
If you look after examples, you may find many in almost all the legitimate Kingdome that are known. Certain it is that the French, by authority of their publike Convention or Parliament, deposed Childerike the &illegible; Sigibert, Theodoriko, and Childerike the third for their Tyranny and unworthiness, and set up some of another Family in their &illegible; some of them for being too much governed by wanton and wicked Favourites, esteeming it all one, whether himself were extream vicious, or ruled by them that were so. &illegible; the same Representative authority, in conventions of the whole people (which were not much unlike the French or English Parliaments) were two Emperors of Germany deposed, Adolphus and Wenceslaus, though not so much bad Princes, as not good enough: The like hath been done in Denmark, and in &illegible; with divers other Kingdome in Europe, as Hungary, Spain, Portugal, Bohemia, testified by good and authentick Historians.
But in the Kingdom of Scotland their own Historian George Buchanan expresseth in plain terms, that he could name above a dozen Kings of Scotland, who, for their bad Reigns, were either condemned to perpetual imprisonment: or else by banishment, or voluntary death, (which some of them chose) escaped the just punishment of their offences.
But least (saith he) any man should think I produce only old and obsolete examples of Kings long ago, such as were Culenus, Evenus, Ferchardus, and the like, I will instance one in the memory of our Fathers. James the third was by the General Consent of Parliament declared to be iustly slain for his cruelty, and wicked Raign; and it war ordered for the future, That none of those who had any hand, or gave assistance in his death, should over be questioned, or tainted with any ignominy. That thing therefore (saith he) which being already done, was iudged by the State to be well, and iustly done, was doubtlesly proposed as exemplary for the future. This James the third was slain in Chase, after a Battel, in which he was vanquished; where Buchanan expresseth, That the State made one War against him to destroy his wicked Councel; but the second War was to destroy the King himself, as being incorrigible.
This Restraint of Regal License the same Author confidently praiseth in his Nation, as a thing not only good and wholesom for the People, but profitable for the Kings themselves, and advantagious to their Posterities, alledging that for a main Reason, Why the Crown of Scotland hath continued the longest of any Crown in one Family, whereas other Crowns in Europe have been often changed from one rate to another.
England hath not wanted examples in this kind though they have not been so frequent as in Scotland; two of the greatest note were Edward the second, and Richard the second, whose unfortunate Raigns are so generally known, and have so often upon this sad occasion in present been produced as instances, that it were needless to dwell upon the particulars of them; therefore I only name them, and forbear also particularly to &illegible; how far some other deviating Princes, as King Iohn, and Henry the third, have been restrained by Parliaments; and how much the best of Englands Princes, such as Edward the first, Edward the third, and Henry the fifth, have freely yeelded to the Controul of that high Court, and thought it no dishoner to them.
Examples also of this kind have happened, and are averred by good Authors, concerning the Popes themselves; namely, that the Cardinals, upon some special occasions, may, without the consent of the Pope, call a Councel, and judg him by it, if by any great and notorious sin he become a scandal to the Universal Church, and be incorrigible, since Reformation is as necessary in the Head, as in the Members; if contrary to his Oath he refuse to call a General Councel, &c. But certain it is, that some of them have been deposed by authority of a Councel. This is (saith Baldus) in case the Pope be very obstinate: &illegible; first, Exhortatione must be used; secondly, more severo &illegible; and last of all, plain force; and where no wisdom can prevail by Councel, force of arms must be the remedy to &illegible; him. If the &illegible; by consent of almost all the learned men, and many examples in fact, it appear, that a Councel may justly depose a Pope, who calleth himself King of Kings, and &illegible; &illegible; superiority above the Emperor, as the Sun is above the Moon, and more then that, an authority to depose Kings and Emperors when he &illegible; cause: Who may not as well great, that the publike Councel of a Kingdome may lawfully put down, and punish their King for extremity of mis government?
Concerning this power of the people in restraining wicked Princes, &illegible; in his book Contra Tyrannos, &illegible; notable inference upon a place in the Prophet &illegible; where the Prophet in the eleventh Chapter, and fourth verse, expresly declareth to the Kingdom of Iudah, that for the impiety and cruelty of King Manasses, the people were carryed away captive by the Assiyrians; upon which place (saith he) very learned Expositors suppose (for we must not think that they were unjustly punished) the people went guilty for not resisting the impiety and cruelty of their King.
But where this power of resisting a King, within the Realm of Judah, lay, whether in the seventy Princes, or more General Assemblies of State, (being a Government far different from ours,) I make no Judgment. For the Kings of Iudah raigned in a very absolute way, as far as we can perceive, and exercised a very Tyranny, being that Government which God gave them in his displeasure, for not being content to be honored with Gods immediate Government, administred by his inspired Prophets; but desiring a King as the Heathen had. But the Limitation of Monarchy is, better understood now by people in their own Countries, and by their own Laws, and therefore by English men in England, whose just Liberties cannot be altogether unknown to those that are wise in their neighbor Nations, who also have title to the same (or very like) Liberties. Neither can it be denyed (in this late sad and bloody &illegible; &illegible; but that the Parliament of England, if they had a lawful power to proceed in this War, have also a just power to despose of that Victory which God hath put into their hands, as they shall think best for the future security of the whole people, whom they represent: Nor is that security, by the Laws of Reason and Nature, to be made slightly, which hath cost the lives of so many thousands, and so vast an expence of Treasure for the purchase of it: And though they long suffered with patience the pressure of Tyranny heretofore, and moved more slowly to a Vindication then sharp necessity seemed to require, (as being not more afflicted with the sence of their wounds, then grieved to discover the hand that made them,) yet wise men will so censure of their past sufferings, and present actions, as neither to think the just Rights of English Freedom lessened by any length of patients, nor the King made more excusable by any continuance and increase of his offences.
FINIS.
T.178 (6.1) Anon., The humble Petition of firm and constant Friends to the Parliament (19 January 1649).↩
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ID NumberT.178 [1649.01.19] (6.1) Anon., The humble Petition of firm and constant Friends to the Parliament (19 January 1649).
Full title[Anon.,] To the Right Honourable, the Supreme Authority of this Nation, the Commons of England in Parliament assembled. The humble Petition of firm and constant Friends to the Parliament and Common-wealth, Presenters and Promoters of the Large Petition of September 11. MDCXLVIII.
Estimated date of publication18 January 1649.
Thomason Tracts Catalog informationTT1, p. 715; Thomason 669. f. 13 (73.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
Source
[Anon.], To the Right Honourable, The Supreme Authority of this Nation, the Commons of England in Parliament assembled. The humble Petition of firm and constant Friends to the Parliament and Common-wealth, Presenters and Promoters of the late Large Petition of September 11. 1648. (n.p., 19 January 1649).
That having seriously considered how many large and fair opportunities this honourable House hath had within these eight yeers last past to have made this Nation absolute free and happy; and yet that until this time, every of those opportunies have (after some short space of hope) faded, and but altered, if not increased our bondage.
When we call to mind what extraordinary things the Army undertook (and this honourable House approved) in behalf of the liberties of the people, in the yeer 1647 and that nevertheless, the first fruits of their great and unexpected success, was a more oppressive Ordinance for enforcing of Tyths, than ever had bin before, and which hath bin severely executed, and is still continued, to the extreme vexation of Friends, and encouragement of Pulpit Incendiaries; And how that great and wonderful opportunities wasted it self away in contending with, and imprisoning of cordial Friends, or in tampering with known enemies, and at length ended in a most dangerous and bloudy war; whereas rightly applied, it might have given peace and security to the Nation for many Generations.
These things considered, although we exceedingly rejoyced in your just and excellent Votes of the 4. of this instant Ianuary, as a people who had long suffered the reproches of Sectaries & Levellers, for maintaining the supreme original of all just power to be in the people, & the supreme Authority of this Nation to be in this honourable House, (which our burnt Petitions, and that of Sept. 11. do fully witness. Yet since we understand, that within few daies after you admitted a message from the House of Lords, and gave an accustomed respect thereunto. We have bin very much troubled, how already the same doth essentially derogate from your foresaid Votes.
And since also, we have seen a printed Warrant of his Excellency the Lord General Fairfax, directed to his Marshal General, for suppressing of unlicensed Books and Pamphlets, authorising him (upon the oath of one witness) to take all persons offending into custody, and inflict upon them such corporal punishments, and levie such fines upon them, as your Ordinances impose; and not to discharge them, until after payment and punishment; And further, to make diligent search in all places where the said Marshal shall think meet, for unlicensed printing presses, employed in printing scandalous, unlicensed pamphlets. Books, &c and to seise and carry away such printing presses, &c. And likewise to make diligent search in all suspected printing houses, ware-houses, and other shops and places whatsoever, for such unlicensed books, &c. And in case of opposition, to break open (according to your Ordinances) all dores and locks, and to apprehend all persons so opposing and take them into custody, till they have given satisfaction therein. And all this by vertue of an order of yours of the fift of this instant Ianuary. Since we have seen this, we profess, we cannot but already fear the issue and consequence of those excellent Votes, nothing more dangerous to a people, than the mis-application of their supreme entrusted Authority; and therefore we entreat herein to be excused, though we appear herein, as in a cause of very great Importance.
For what-ever specious pretences of good to the Common-wealth have bin devised to over-aw the Press, yet all times fore-gone will manifest, it hath ever ushered in a tyrannie; mens mouths being to be kept from making noise, whilst they are robd of their liberties; So was it in the late Prerogative times before this Parliament, whilst upon pretence of care of the publike. Licensers were set over the Press, Truth was suppressed, the people thereby kept ignorant, and fitted only to serve the unjust ends of Tyrants and Oppressors, whereby the Nation was enslaved; Nor did any thing beget those oppressions so much opposition, as unlicensed Books and Pamphlets.
A short time after the begining of this Parliament, upon pretense of publike good, and at the solicitation of the Company of Stationers (who in all times have bin officiously instrumental unto Tyrannie) the Press again (notwithstanding the good service it immediately before had done) was most ungratefully committed to the custody of Licensers, when though scandalous Books from or in behalf of the Enemy then at Oxford was the pretended occasion; yet the first that suffered was M. Lawrence Sanders, for Printing without license, a book intituled, Gods Love to Mankind; and not long after, M. John Lilburn, M. William Larnar, and M. Richard Overton, and others, about books discovering the then approching Tyrannie; whilst scandalous Pamphlets nevertheless abounded, and did the greater mischief, in that Licensers have never bin so free to pass, as good men have bin forward to compile proper and effectual answers to such books and pamphlets: And whether Tyrannie did soon follow thereupon, the courses you were forced unto in opposition, and the necessities you were put upon for your preservation, will most cleerly demonstrate. And if you, and your Army shall be pleased to look a little back upon affairs, you will find you have bin very much strengthened all along by unlicensed Printing; yea, that it hath done (with greatest danger to the doers) what it could to preserve you, when licensed did its utmost to destroy you; and we are very confident, those very excellent and necessary Votes of yours fore-mentioned, had made you a multitude of enemies, if unlicensed printing had not prepared and smoothed your way for them, whereas now they are received with great content and satisfaction.
And generally, as to the whole course of printing, as justly in our apprehensions, may Licensers be put over all publike or private Teachings, and Discourses, in Divine, Moral, Natural, Civil, or Political things, as over the Press; the liberty whereof appears so essential unto Freedom, as that without it, its impossible to preserve any Nation from being liable to the worst of bondage; for what may not be done, to that people who may not speak or write, but at the pleasure of Licensers?
As for any prejudice to Government thereby, if Government be just in its Constitution, and equal in its distributions, it will be good, if not absolutely necessary for them, to hear all voices and judgements, which they can never do, but by giving freedom to the Press; and in case any abuse their authority by scandalous Pamphlets, they will never want able Advocates to vindicate their innocency. And therefore all things being duely weighed, to refer all Books and Pamphlets to the judgement, discretion, or affection of Licensers, or to put the least restraint upon the Press, seems altogether inconsistent with the good of the Commonwealth, and expresly opposite and dangerous to the liberties of the people, and to be carefully avoided, as any other exorbitancy or prejudice in Government.
And being so, we beseech you to consider how unreasonable it is for every man or woman to be liable to punishment, penal or corporal, upon one witness in matters of this Nature, for compiling, printing, selling or dispersing of Books and Pamphlets, nay to deserve even whipping (as the last yeers Ordinance, an Engine fited to a Personal Treaty) doth provide a punishment, as we humbly conceive, fit only for slaves or bondmen. But that this honourable House, that is now by an extraordinary means freed from that major part, (which degenerating from the true Interest of the people, were the unhappy authors of that Ordinance) and reduced to that minor part, which we alwaies hoped did really oppose the same, should now approve thereof, and of all other Ordinances of like nature; and not onely so, but in cases so meerly Civil, to refer the execution thereof to a Military power: This is that which in the present sense and consequence thereof, afflicts us above measure; because according to this rule, we may we know not how soon, be reduced under a military jurisdiction, which we humbly conceive, we ought not to be, and which above any thing in this world, we shall desire in this and all other cases for ever to avoid.
And therefore we most earnestly entreat. First, That as you have voted your selves the supreme Authority, so you will exactly preserve the same entire in it self, without intermixing again with any other whatsoever.
Secondly, That you will precisely hold your selves to the supreme end, the Freedom of the People; as in other things, so in that necessary and essential part, of speaking, writing, printing, and publishing their minds freely; without seting of Masters, Tutors, and Controulers over them; and for that end, to revoke all Ordinances and Orders to the contrary.
Thirdly, That you will fix us onely in a Civil Jurisdiction, refering the Military to Act distinct, and within it self, except in cases of warlike opposition to Civil Authority.
Fourthly, That you will recal that oppressive Ordinance for Tyths, upon treble damages; that so, as we have rejoyced in the notion, we may not have cause to grieve, but to rejoyce also in the exercise of your supreme Authority; and that the whole Nation in this blessed opportunity may receive a full reward of true Freedom for its large expense of bloud and treasure, and by your Wisdom and Fidelity, be made happy to all Future Generations.
Die Jovis, January 18. 1648.
The House being informed that divers Inhabitants within the Citie of London and Borough of Southwark, were at the Dore; they were called in, and then presented a Petition to this House; which after the Petitioners were withdrawn, was read, and was entituled, The humble Petition of firm and constant friends to Parliament and Common-wealth, the Presenters and Promoters of the late large Petition of Sept. 11. 1648.
Ordered by the Commons assembled in Parliament, that the said Petition be referred to the Committee appointed yesterday to consider of Petitions of this nature.
Hen. Scobell cler. Parl. Dom. Com,
The Petitioners being again called in, M. Speaker by command of this House gave them this answer. Gentlemen, The House have read your Petition, and have referred it to a Committee to consider of the matters of consequence therein; and have taken notice of your continued good affections to this House, and they have commanded me to give you thanks for your good affections, and I do accordingly give you thanks for your good affections.
Hen. Scobell Cleric. Parl. Dom. Com.
T.179 (6.2) John Rushworth, A Petition concerning the Draught of an Agreement of the People (20 January 1649).↩
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ID NumberT.179 [1649.01.20] (6.2) John Rushworth, A Petition concerning the Draught of an Agreement of the People (20 January 1649).
Full titleJohn Rushworth, A Petition from His Excellency Thomas Lord Fairfax And the General Councel of Officers of the Army, To the Honourable, the Commons of England in Parliament assembled, Concerning the Draught of An Agreement of the People For a secure and present Peace, by them framed and prepared. Together with the said Agreement presented on Saturuday, Jan. 20. And a Declaration
of his Excellency and the said General Councel, concerning the same. Tendered
to the Consideration of the people. By the Appointment of the Generall Councel
of Officers of the Army. Signed John Rushworth, Sec.
London, Printed for John Partridge, R. Harford, G. Calvert, and G. Whittington.
1649.
[Also known as "The Officers’ Agreement".]
The Tract contains the following parts:
- To the honorable the Commons of England in Parliament assembled; The humble Petition of his Excellency Thomas Lord Fairfax, and the General Councel of Officers of the Army under his Command
- AN AGREEMENT OF THE PEOPLE OF ENGLAND, And the places therewith INCORPORATED
- A Declaration of the Generall Councell of Officers of the Army
Estimated date of publication
20 January 1649.
Thomason Tracts Catalog informationTT1, p. 716; Thomason E. 539. (2.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
To the honorable the Commons of England in Parliament assembled;
The humble Petition of his Excellency Thomas Lord Fairfax, and the General Councel of Officers of the Army under his Command, concerning the Draught of An Agreement of the People, by them framed and prepared.
IN our late Remonstrance of the 18 of November last, we propounded (next after the matters of publike Justice) some Foundations for a general settlement of Peace in the Nation, which we therein desired might be formed and Established in the nature of a generall Contract or Agreement of the People; and since then, the matters so propounded be wholly rejected, or no consideration of them admitted in Parliament (though visibly of highest Moment to the Publique) and all ordinary Remedies being denyed, we were necessitated to an extraordinary way of Remedy; whereby to avoyd the mischiefs then at hand, and set you in a condition (without such obstructions or diversions by corrupt Members) to proceed to matters of publique Justice and general Settlement. Now as nothing did in our own hearts more justifie our late undertakings towards many Members in this Parliament, then the necessity thereof in order to a sound Settlement in the Kingdom, and the integrity of our intentions to make use of it only to that end: so we hold our selves obliged to give the People all assurance possible, That our opposing the corrupt closure endeavoured with the King, was not in designe to hinder Peace or Settlement, (thereby to render our employments, as Souldiers, necessary to be continued,) and that neither that extraordinary course we have taken, nor any other proceedings of ours, have been intended for the setting up of any particular Party or Interest, by or with which to uphold ourselves in Power and Dominion over the Nation, but that it was and is the desire of our hearts, in all we have done, (with the hindering of that imminent evil, and destructive conjunction with the King) to make way for the settlement of a Peace and Government of the Kingdom upon Grounds of common Freedom and Safety: And therefore because our former Overtures for that purpose (being only in general terms, and not reduced to a certainty of particulars fit for practise) might possibly be understood but as plausible pretences, not intended really to be put into effect, We have thought it our duty to draw out these generals into an intire frame of particulars, ascertained with such circumstances as may make it effectively practicable. And for that end, while your time hath been taken up in other matters of high and present Importance, we have spent much of ours in preparing and perfecting such a draught of Agreement, and in all things so circumstantiated, as to render it ripe for your speedier consideration, and the Kingdoms acceptance and practise (if approved,) and so we do herewith humbly present it to you. Now to prevent misunderstanding of our intentions therein, We have but this to say, That we are far from such a Spirit, as positively to impose our private apprehensions upon the judgments of any in the Kingdom, that have not forfeited their Freedom, and much lesse upon your selves: Neither are we apt in any wise to insist upon circumstantial things, or ought that is not evidently fundamental to that publique Interest for which You and We have declared and engaged; But in this Tender of it we humbly desire,
- 1. That whether it shall be fully approved by You and received by the People (as it now stands) or not, it may yet remain upon Record, before you, a perpetual witness of our real intentions and utmost endeavors for a sound and equal Settlement; and as a testimony whereby all men may be assured, what we are willing and ready to acquiesce in; and their jealousies satisfied or mouths stopt, who are apt to think or say, We have no bottom.
- 2. That (with all expedition which the immediate and pressing great affairs will admit) it may receive your most mature Consideration and Resolutions upon it, not that we desire either the whole, or what you shall like in it, should be by your Authority imposed as a Law upon the Kingdom, (for so it would lose the intended nature of An Agreement of the People,) but that (so far as it concurs with your own judgments) it may receive Your Seal of Approbation only.
- 3. That (according to the method propounded therein) it may be tendred to the People in all parts, to be subscribed by those that are willing, (as Petitions, and other things of a voluntary nature, are;) and that meanwhile, the ascertaining of those circumstances, which it refers to Commissioners in the several Counties, may be proceeded upon in a way preparatory to the practise of it: And if upon the Account of subscriptions (to be returned by those Commissioners in April next) there appear to be a general or common Reception of it amongst the People, or by the well-affected of them, and such as are not obnoxious for Delinquency; it may then take place, and effect according to the Tenor and Substance of it.
By the Appointment of his Excellency, and the general Councel of Officers of the Army.
AN AGREEMENT OF THE PEOPLE OF ENGLAND, And the places therewith INCORPORATED, For a secure and present Peace, upon Grounds of Common Right, Freedom and Safety.
HAving by our late labors and hazards made it appear to the world at how high a rate we value our Just Freedom, And God having so far owned our cause as to deliver the Enemies thereof into our hands, We do now hold our selves bound in mutuall duty to each other to take the best care we can for the future, to avoyd both the danger of returning into a slavish condition, and the chargeable remedy of another War: For as it cannot be imagined, That so many of our Country men would have opposed us in this Quarrell, if they had understood their own good, so may we hopefully promise to our selves, That when our Common Right and Liberties shall be cleared, their endeavors will be disappointed, that seek to make themselves our Masters, since therefore our former oppressions, and not yet ended troubles, have been occasioned, either by want of frequent National Meetings in Councel, or by the undue or unequal Constitution thereof, or by rendering those meetings uneffectual. We are fully agreed and resolved (God willing) to provide, That hereafter our Representatives be neither left to an uncertainty for time, nor be unequally constituted, nor made useless to the ends for which they are intended.
In Order whereunto We Declare and Agree;
1. That to prevent the many inconveniencies, apparently arising from the long continuance of the same persons in supream Authority, this Present Parliament end and dissolve upon, or before the last day of April, in the year of our Lord. 1649.
2. That the People of England (being at this day very unequally distributed, by Counties, Cities and Burroughs, for the Election of their Representatives) be indifferently proportioned: And to this end, That the Representative of the whole Nation shall consist of four hundred persons, or not above; and in each County, and the places thereto subjoyned, there shall be chosen, to make up the said Representative at all times, the several numbers here mentioned; VIZ.
In the County of Kent, with the Burrough, Towns, and Parishes therein (except such as are hereunder particularly named) | ten. } | 10 |
The City of Canterbury, with the Suburbs adjoyning, and Liberties thereof, | two. } | 2 |
The City of Rochester, with the Parishes of Chatham and Strowd, | one. ] | 1 |
The Cinque Ports in Kent and Sussex, viz. Dover, Rumney, Hyde, Sandwich, Hastings, with the townes of Rye and Winchelsey, | three. } | 3 |
The County of Sussex, with the Burroughs, Towns and Parishes (therein except Chichester and the Cinque Ports) | eight. } | 8 |
The City of Chichester, with the Suburbs and Liberties thereof, | one. ] | 1 |
The County of Southampton, with the Burroughs, Towns and Parishes therein, except such as are hereunder named, | eight. } | 8 |
The City of Winchester, with the Suburbs and Liberties thereof, | one. ] | 1 |
The County of the town of Southampton, | one. ] | 1 |
The County of Dorset, with the Burroughs, Townes and Parishes therein (except Dorchester) | seven. } | 7 |
The Town of Dorchester, | one. ] | 1 |
The County of Devon, with the Burroughs, Towns and Parishes therein, except such as are hereunder particularly named, | twelve.} | 12 |
The City of Excester, | two. ] | 2 |
The Town of Plymouth, | two. ] | 2 |
The Town of Barnstaple, | one. ] | 1 |
The County of Cornwall, with the Burroughs, Towns, and Parishes therein, | eight. } | 8 |
The County of Somerset with the Burroughs, Townes and Parishes therein, except such as are hereunder named, | eight. } | 8 |
The City of Bristoll, | three. ] | 3 |
The Towne of Taunton-Deane, | one. ] | 1 |
The County of Wilts, with the Burroughs, Towns and Parishes therein (except Salisbury), | seven. } | 7 |
The City of Salisbury, | one. ] | 1 |
The County of Berks, with the Burroughs, Towns and Parishes therein, except Reading, | five. } | 5 |
The Town of Reading, | one. ] | 1 |
The County of Surrey, with the Burroughs, Towns, and Parishes therein, except Southwarke, | five. } | 5 |
The Burrough of Southwarke, | two. ] | 2 |
The County of Middlesex, with the Burroughs, Towns, and Parishes therein, except such as are hereunder named, | four. } | 4 |
The City of London, | eight. ] | 8 |
The City of VVestminster, and the Dutchy, | two. ] | 2 |
The County of Hartford, with the Burroughs, Towns, and Parishes therein, | six. } | 6 |
The County of Buckingham with the Burroughs, Towns and Parishes therein, | six. } | 6 |
The County of Oxon, with the Burroughs, Towns, and Parishes therein (except such as are here under-named) | four. } | 4 |
The City of Oxon, | two. ] | 2 |
The University of Oxon, | two. ] | 2 |
The County of Glocester, with the Burroughs, towns and Parishes therein (except Glocester) | seven. } | 7 |
The City of Glocester, | two. ] | 2 |
The County of Hereford, with the Burroughs, towns, and Parishes therin (except Hereford) | four. } | 4 |
The Citie of Hereford, | one. ] | 1 |
The County of Worcester, with the Burroughs, towns, and Parishes therein (except Worcester) | foure. } | 4 |
The City of Worcester, | two. ] | 2 |
The County of Warwicke, with the Burroughs, townes, and Parishes therein (except Coventrey) | five. } | 5 |
The City of Coventrey, | two. ] | 2 |
The County of Northampton, with the Burroughs, towns and Parishes therein (except Northampton) | five. } | 5 |
The Town of Northampton, | one. ] | 1 |
The County of Bedford, with the Burroughs, townes, and Parishes therein, | foure. } | 4 |
The County of Cambridge, with the Burroughs, towns, and Parishes therein (except such as are here under particularly named) | foure. } | 4 |
The University of Cambridge, | two. ] | 2 |
The Town of Cambridge, | two. ] | 2 |
The County of Essex, with the Burroughs, towns, and Parishes therein (except Colchester) | eleven.} | 11 |
The Town of Colchester, | two. ] | 2 |
The County of Suffolk, with the Burroughs, Towns, and Parishes therein (except such as are hereunder named) | ten. } | 10 |
The Town of Ipswich, | two. ] | 2 |
The Town of S. Edmonds Bury, | one. ] | 1 |
The County of Norfolk, with the Burroughs, Towns, and Parishes therein (except such as are hereunder named) | nine. } | 9 |
The City of Norwich, | three. ] | 3 |
The Town of Lynne, | one. ] | 1 |
The Town of Yarmouth, | one. ] | 1 |
The County of Lincoln, with the Burroughs, Towns, and Parishes therein (except the City of Lincoln, and the town of Boston) | eleven.} | 11 |
The City of Lincoln, | one. ] | 1 |
The Town of Boston, | one. ] | 1 |
The County of Rutland, with the Burroughs, Townes, and Parishes therein, | one. } | 1 |
The County of Huntington, with the Burroughs, Towns and Parishes therein, | three. } | 3 |
The County of Leicester, with the Burroughs, Townes and Parishes therein (except Leicester) | five. } | 5 |
The Town of Leicester, | one. ] | 1 |
The County of Nottingham, with the Burroughs, Towns and Parishes therein (except Nottingham) | foure. } | 4 |
The Town of Nottingham, | one. ] | 1 |
The County of Derby, with the Burroughs, Townes, and Parishes therein (except Derby) | five. } | 5 |
The Town of Derby, | one. ] | 1 |
The County of Stafford, with the City of Lichfield, the Burroughs, towne and Parishes therein, | six. } | 6 |
The County of Salop, with the Burroughs, towns, and Parishes therein (except Shrewsbury) | six. } | 6 |
The Town of Shrewsbury, | one. ] | 1 |
The County of Chester, with the Burroughs, townes, and Parishes therein (except Chester) | five. } | 5 |
The City of Chester, | two. ] | 2 |
The County of Lancaster, with the Burroughs, townes, and Parishes therein (except Manchester) | six. } | 6 |
The town of Manchester, and the Parish, | one. ] | 1 |
The County of Yorke, with the Burroughs, towns, and Parishes, therein, except such as are here under named, | fifteen. } | 15 |
The City and County of the City of Yorke, | three. ] | 3 |
The Town and County of Kingston upon Hull, | one. ] | 1 |
The town and Parish of Leeds, | one. ] | 1 |
The County Palatine of Duresme, with the Burroughs, towns, and Parishes therein, except Duresme and Gateside, | three. } | 3 |
The City of Duresme, | one. ] | 1 |
The County of Northumberland, with the Burroughs, towns and Parishes therein, except such as are here under named, | three. } | 3 |
The Town and County of Newcastle upon Tyne, with Gateside, | two. ] | 2 |
The Town of Berwicke, | one. ] | 1 |
The County of Cumberland, with the Burroughs, towns, and Parishes therein, | three. } | 3 |
The County of Westmerland, with the Burroughs, towns and Parishes therein, | two. } | 2 |
The Isle of Anglesey (with the Parishes therein) | two. ] | 2 |
The County of Brecknock, with the Burroughs, towns, and Parishes therein, | three. } | 3 |
The County of Cardigan, with the Burroughs and Parishes therein, | three. } | 3 |
The County of Caermarthen, with the Burroughs and Parishes therein, | three. } | 3 |
The County of Carnarvon, with the Burroughs and Parishes therein, | two. ] | 2 |
The County of Denbigh, with the Burroughs and Parishes therein | two. ] | 2 |
The County of Flint, with the Burroughs and Parishes therein, | one. ] | 1 |
The County of Monmouth, with the Burroughs and Parishes therein, | foure. } | 4 |
The County of Glamorgan, with the Burroughs and Parishes therein, | foure. } | 4 |
The County of Merioneth, with the Burroughs and Parishes therein, | two. } | 2 |
The County of Mountgomery, with the Burroughs and Parishes therein, | three. } | 3 |
The County of Radnor, with the Burroughs and Parishes therein, | two. ] | 2 |
The County of Pembroke, with the Burroughs, Towns and Parishes therein, | foure. } | 4 |
Provided, That the first or second Representative may (if they see cause) assigne the remainder of the foure hundred Representors, (not hereby assigned) or so many of them as they shall see cause for, unto such Counties as shall appear in this present distribution to have lesse then their due proportion. Provided also, That where any Citie or Burrough to which one Representor or more is assign’d shall be found in a due proportion, not competent alone to elect a Representor, or the number of Representors assign’d thereto, it is left to future Representatives to assigne such a number of Parishes or Villages neare adjoyning to such City, or Burrough, to be joyned therewith in the Elections, as may make the same proportionable.
3. That the people do of course choose themselves a Representative once in two yeares, and shall meet for that purpose upon the first Thursday in every second May by eleven of Clock in the morning, and the Representatives so chosen to meet upon the second Thursday in June following at the usuall place in Westminster, or such other place as by the foregoing Representative, or the Councell of State in the intervall, shall be from time to time appointed and published to the People, at the least twenty daies before the time of Election. And to continue their Session there or elsewhere untill the second Thursday in December following, unlesse they shall adjourne, or dissolve themselves sooner, but not to continue longer. The Election of the first Representative to be on the first Thursday in May, 1649. And that, and all future Elections to be according to the rules prescribed for the same purpose in this Agreement, viz.
- 1. That the Electors in every Division, shall be Natives, or Denizons of England, not persons receiving Almes, but such as are assessed ordinarily, towards the reliefe of the poore; not servants to, and receiving wages from any particular person. And in all Elections, (except for the Universities,) they shall be men of one and twenty yeares old, or upwards, and housekeepers, dwelling within the Devision for which the Election is provided, That untill the end of seven yeares next ensuing the time herein limited for the end of this present Parliament, no person shall be admitted to, or have any hand or voice in such Elections, who hath adhered unto, or assisted the King against the Parliament, in any the late Warres, or Insurrections, or who shall make, or joyne in, or abet any forcible opposition against this Agreement.
- 2. That such persons and such only, may be elected to be of the Representative, who by the rule aforesaid are to have voice in Elections in one place or other; provided, That of those, none shall be eligible for the first or second Representatives, who have not voluntarily assisted the Parliament against the King, either in person before the 14th. of June 1645. or else in Money, Plate, Horse, or Armes, lent upon the Propositions before the end of May 1643. or who have joyned in, or abetted the treasonable Engagement in London, in the year 1647. or who declared or engaged themselves for a Cessation of Armes with the Scots, that invaded this Nation, the last Summer, or for complyance with the Actors in any the insurrections, of the same Summer, or with the Prince of Wales, or his accomplices in the Revolted Fleete. And also provided, That such persons as by the rules in the preceding Article are not capable of electing untill the end of seven years, shall not be capable to be elected untill the end of foureteen years, next ensuing. And we do desire and recommend it to all men, that in all times the persons to be chosen for this great trust, may be men of courage, fearing God, and hating covetousnesse, and that our Representatives would make the best Provisions for that end.
- 3. That who ever, by the two rules in the next preceding Articles, are incapable of Election, or to be elected, shall assume to vote in, or be present at such Elections for the first or second Representative, or being elected shall presume to sit or vote in either of the said Representatives, shall incur the pain of confiscation of the moyety of his Estate, to the use of the publike, in case he have any Estate visible, to the value of fifty pounds. And if he have not such an Estate, then shall incur the pain of imprisonment, for three months; And if any person shall forcibly oppose, molest, or hinder the people, (capable of electing as aforesaid) in their quiet and free Election of Representors, for the first Representative, then each person so offending shall incur the penalty of confiscation of his whole Estate, both reall and personall; and (if he have not an Estate to the value of fifty pounds,) shall suffer imprisonment during one whole year without Bayle, or mainprize. Provided, That the Offender in each such case, be convicted within three Months next after the committing of his offence, And the first Representative is to make further provision for the avoyding of these evills in after Elections.
- 4. That to the end, all Officers of State may be certainly accomptable, and no factions made to maintain corrupt interests, no Member of a Councel of State, nor any Officer of any salary forces in Army, or Garison, nor any Treasurer or Receiver of publique monies, shall (while such) be elected to be of a Representative. And in case any such Election shall be, the same to be void. And in case any Lawyer shall be chosen of any Representative, or Councel of State, then he shall be uncapable of practice as a Lawyer, during that trust.
- 5. For the more convenient Election of Representatives, each County wherein more then three Representors are to be chosen, with the Townes Corporate and Cities, (if there be any) lying within the compasse thereof, to which no Representors are herein assigned, shall be divided by a due proportion into so many, and such parts, as each part may elect two, and no part above three Representors; For the setting forth of which Divisions, and the ascertaining of other circumstances hereafter exprest, so as to make the Elections lesse subject to confusion, or mistake, in order to the next Representative, Thomas Lord Grey of Grooby, Sir John Danvers, Sir Henry Holcraft, Knights; Moses Wall Gentleman, Samuel Moyer, John Langley, William Hawkins, Abraham Babington, Daniel Taylor, Mark Hilsley, Richard Price, and Col. John White, Citizens of London, or any five, or more of them are intrusted to nominate and appoint under their Hands and Seales, three or more fit persons in each County, and in each Citie, and Borough, to which one Representor or more is assigned to be as Commissioners for the ends aforesaid, in the respective Counties, Cities, and Burroughs, and by like writing under their Hands and Seales shall certifie into the Parliament Records, before the fourteenth day of February next, the names of the Commissioners so appointed for the respective Counties, Cities, and Burroughs, which Comissioners or any three, or more of them, for the respective Counties, Cities, and Burroughs, shall before the end of February next, by writing under their Hands and Seales, appoint two fit and faithfull persons, or more in each Hundred, Lath, or Wapentake, within the respective Counties, and in each Ward, within the City of London, to take care for the orderly taking of all voluntary subscriptions to this Agreement by fit persons to be imploy’d for that purpose in every Perish who are to returne the subscriptions so taken to the persons that imployed them, (keeping a transcript thereof to themselves,) and those persons keeping like Transcripts to return the Originall subscriptions to the respective Commissioners, by whom they were appointed, at, or before the fourteenth of Aprill next, to be registred and kept in the County Records, for the said Counties respectively, and the subscriptions in the City of London, to be kept in the chief Court of Record for the said City. And the Commissioners for the other Cities and Borroughs respectively, are to appoint two or more fit persons in every Parish within their Precincts to take such subscriptions, and (keeping transcripts thereof) to return the Originalls to the respective Commissioners by the said fourteenth of Aprill next, to be registred and kept in the chief Court within the respective Cities and Burroughs. And the same Commissioners, or any three, or more of them, for the severall Counties, Cities, and Boroughs, respectively, shall, where more then three Representors are to be chosen, divide such Counties (as also the City of London) into so many, and such parts as are aforementioned, and shall set forth the bounds of such divisions, and shall in every County, City, and Borough (where any Representors are to be chosen) and in every such division as aforesaid within the City of London, and within the severall Counties so divided, respectively, appoint one certaine place wherein the people shall meet for the choise of their Representors, and some one fit Person or more inhabiting within each Borough, City, County, or Division, respectively, to be present at the time and place of Election, in the nature of Sheriffes to regulate the Elections, and by Pole, or otherwise, clearly to distinguish and judge thereof, and to make returne of the Person or Persons Elected as is hereafter exprest, and shall likewise in writing under their hands and Seales, make Certificates of the severall Divisions (with the bounds thereof) by them set forth, and of the certaine places of meeting, and Persons, in the nature of Sheriffes appointed in them respectively as aforesaid,1 and cause such Certificates to be returned into the Parliament Records before the end of April next, and before that time shall also cause the same to be published in every Parish within the Counties, Cities, and Boroughs respectively, and shall in every such Parish likewise nominate and appoint (by Warrant under their hands and Seals) one Trusty person, or more, inhabiting therein, to make a true list of al the Persons within their respective Parishes, who according to the rules aforegoing are to have voyce in the Elections, and expressing, who amongst them are by the same rules capable of being Elected, and such List (with the said Warrant) to bring in, and returne at the time and place of Election, unto the Person appointed in the nature of Sheriffe, as aforesaid, for that Borough, City, County, or Division respectively; which Person so appointed as Sheriffe being present at the time and place of Election; or in case of his absence by the space of one houre after the time limited for the peoples meeting, then any Person present that is eligible, as aforesaid, whom the people then and there assembled shall chuse for that end, shall receive and keep the said Lists, and admit the Persons therein contained, or so many of them as are present unto a free Vote in the said Election, and having first caused this Agreement to be publiquely read in the audience of the people, shall proceed unto, and regulate and keep peace and order in the Elections, and by Pole, or otherwise, openly distinguish and judge of the same: And thereof by Certificate, or writing under the hands and Seales of himself, and six or more of the Electors (nominating the Person or Persons duly Elected) shall make a true returne into the Parliament Records, within one and twenty dayes after the Election (under paine for default thereof, or for making any false Returne to forfeit one hundred pounds to the Publique use.) And shall also cause Indentures to be made, and interchangeably sealed and delivered betwixt himselfe, and six or more of the said Electors on the one part, and the Persons, or each Person Elected severally on the other part, expressing their Election of him as a Representor of them, according to this Agreement, and his acceptance of that trust, and his promise accordingly to performe the same with faithfulnesse, to the best of his understanding and ability, for the glory of God, and good of the people.
This course is to hold for the first Representative, which is to provide for the ascertaining of these Circumstances in order to future Representatives.
4. That one hundred and fifty Members at least be alwaies present in each sitting of the Representative, at the passing of any Law, or doing of any Act, whereby the people are to be bound; saving, That the number of sixty may make an House for Debates, or Resolutions that are preparatory thereunto.
5. That each Representative shall within twenty dayes after their first meeting appoint a Councell of State for the managing of Publique Affaires, untill the tenth day after the meeting of the next Representative, unlesse that next Representative thinke fit to put an end to that trust sooner. And the same Councell to Act, and proceed therein, according to such Instructions and limitations as the Representative shall give, and not otherwise.
6. That in each intervall betwixt Bienniall Representatives, the Councell of State (in case of imminent danger, or extreame necessity) may summon a Representative to be forthwith chosen, and to meet; so as the Session thereof continue not above foure-score dayes, and so as it dissolve, at least, fifty dayes before the appointed time for the next Bienniall Representative, and upon the fiftyeth day so preceeding it shall dissolve of course, if not otherwise dissolved sooner.
7. That no Member of any Representative be made either Receiver, Treasurer, or other Officer, during that imployment, saving to be a Member of the Councell of State.
8. That the Representatives have, and shall be understood, to have, the Supreame trust in order to the preservation and Government of the whole, and that their power extend, without the consent or concurrence of any other Person or Persons, to the erecting and abolishing of Courts of Justice, and publique Offices, and to the enacting, altering, repealing, and declaring of Lawes, and the highest and finall Judgement, concerning all Naturall or Civill things, but not concerning things Spirituall or Evangelicall; Provided, that even in things Naturall and Civill these six particulars next following are, and shall be understood to be excepted, and reserved from our Representatives, viz.
- 1. We doe not impower them to imprest or constraine any Person to serve in Forraigne Warre either by Sea or Land, nor for any Millitary Service within the Kingdome, save that they may take order for the the forming, training and exercising of the people in a Military way to be in readinesse for resisting of Forrain Invasions, suppressing of suddain Insurrections, or for assisting in execution of Law; and may take order for the imploying and conducting of them for those ends; provided, That even in such cases none be compellable to goe out of the County he lives in, if he procure another to serve in his roome.
- 2. That after the time herein limited for the commencement of the first Representative, none of the people may be at any time questioned for any thing said or done in relation to the late Warres, or publique differences, otherwise then in execution or pursuance of the determinations of the present House of Commons against such as have adhered to the King, or his interest against the people: And saving that Accomptants for publique monies received, shall remaine accomptable for the same.
- 3. That no securities given, or to be given by the Publique Faith of the Nation, nor any engagements of the Publique Faith for satisfaction of debts and dammages, shal be made void or invalid by the next, or any future Representatives; except to such Creditors, as have, or shall have justly forfeited the same; and saving, That the next Representative may confirme or make null, in part, or in whole, all gifts of Lands, Monies, Offices, or otherwise, made by the present Parliament to any Member or Attendant of either House.
- 4. That in any Lawes hereafter to be made, no person, by vertue of any tenure, grant, Charter, patent, degree or birth, shall be priviledged from subjection thereto, or from being bound thereby, as well as others.
- 5. That the Representative may not give judgement upon any mans person or estate, where no Law hath before provided; save onely in calling to Account, and punishing publique Officers for abusing or failing their trust.
- 6. That no Representative may in any wise render up, or give, or take away any the Foundations of common Right, Liberty and Safety contained in this Agreement; nor levell mens Estates, destroy Propriety, or make all things common: And that in all matters of such fundamentall concernment, there shall be a liberty to particular Members of the said Representatives to enter their dissents from the major vote.
9. Concerning Religion, we agree as followeth:
- 1. It is intended, That Christian Religion be held forth and recommended, as the publike Profession in this Nation (which wee desire may by the grace of God be reformed to the greatest purity in Doctrine, Worship and Discipline, according to the Word of God.) The instructing of the People whereunto in a publike way (so it be not compulsive) as also the maintaining of able Teachers for that end, and for the confutation or discovery of Heresie, Errour, and whatsoever is contrary to sound Doctrine, is alowed to be provided for by our Representatives; the maintenance of which Teachers may be out of a publike Treasury, and wee desire not by tithes. Provided, That Popery or Prelacy be not held forth as the publike way or profession in this Nation.
- 2. That to the publique Profession so held forth none be compelled by penalties or otherwise, but onely may be endeavoured to be wonne by sound Doctrine, and the Example of a good Conversation.
- 3. That such as professe Faith in God by Jesus Christ (however differing in judgement from the Doctrine, Worship or Discipline publikely held forth, as aforesaid) shall not be restrained from, but shall be protected in the profession of their Faith and exercise of Religion according to their Consciences in any place (except such as shall be set apart for the publick Worship, where wee provide not for them, unlesse they have leave) so as they abuse not this liberty to the civil injury of others, or to actuall disturbance of the publique peace on their parts; neverthelesse it is not intended to bee hereby provided, That this liberty shall necessarily extend to Popery or Prelacy.
- 4. That all Lawes, Ordinances, Statutes, and clauses in any Law, Statute, or Ordinance to the contrary of the liberty provided for in the two particulars next preceding concerning Religion be and are hereby repealed and made void.
10. It is agreed, That whosoever shall by Force of Armes, resist the Orders of the next or any future Representative (except in case where such Representative shall evidently render up, or give, or take away the Foundations of common Right, Liberty and Safety contain’d in this Agreement) shall forthwith after his or their such Resistance lose the benefit and protection of the Laws, and shall be punishable with Death, as an Enemy and Traitour to the Nation.
The form of subscription for the Officers of the Army.
Of the things exprest in this Agreement, The certain ending of this Parliament (as in the first Article) The equall or proportionable distribution of the number of the Representators to be elected (as in the second.) The certainty of the peoples meeting to elect for Representatives Bienniall, and their freedome in Elections with the certainty of meeting, sitting and ending of Representatives so elected (which are provided for in the third Article) as also the Qualifications of Persons to elect or be elected (as in the first and second particulars under the third Article) Also the certainty of a number for passing a Law or preparatory debates (provided for in the fourth Article) The matter of the fifth Article, concerning the Councel of State, and the sixth concerning the calling, sitting and ending of Representatives extraordinary; Also the power of Representatives, to be, as in the eighth Article, and limitted, as in the six reserves next foling the same; Likewise the second and third particulars under the ninth Article concerning Religion, and the whole matter of the tenth Article; (All these) we doe account and declare to be Fundamentall to our common Right, Liberty, and Safety; And therefore doe both agree thereunto, and resolve to maintain the same, as God shall enable us. The rest of the matters in this Agreement, wee account to be usefull and good for the Publike, and the particular circumstances of Numbers, Times and Places expressed in the severall Articles, we account not Fundamentall, but we finde them necessary to be here determined for the making the Agreement certain and practicable, and do hold those most convenient that are here set down, and therefore do positively agree thereunto.
A Declaration of the Generall Councell of Officers of the Army:
Concerning the Agreement by them framed in order to peace, and from them tendred to the People of England.
HAVING ever since the end of the first War longingly waited for some such settlement of the Peace and Government of this Nation, whereby the Common Rights, Liberties and safety thereof, might in future be more hopefully provided for, and therein something gained, which might be accounted to the present age and posterity (through the mercy of God) as a fruit of their labours, hazards and sufferings, that have engaged in the common cause, as some price of the bloud spilt, and ballance to the publique expence and damage sustained in the War, and as some due improvement of that successe, and blessing God hath pleased to give therein: And having not found any such Establishment assayed or endeavoured by those whose proper worke it was, but the many addresses and desires of ourselves, and others, in that behalfe, rejected, discountenanced and opposed, and onely a corrupt closure endeavoured with the King, on tearmes, serving onely to his interest, and theirs that promoted the same; And being thereupon (for the avoidance of the evil thereof, and to make way for some better settlement) necessitated to take extraordinary wayes of remedy (when the ordinary were denied;) Now to exhibit our utmost endeavors for such a settlement, whereupon we, and other Forces, (with which the Kingdome hath so long beene burthened above measure, and whose continuance shall not be necessary for the immediate safety and quiet thereof) may with comfort to our selves, and honesty towards the publique, disband, and returne to our homes and callings; and to the end mens jealousies and fears may be removed concerning any intentions in us to hold up our selves in power, to oppresse or domineer over the people by the sword; And that all men may fully understand those grounds of Peace and Government wherupon (they may rest assured) We shall for our parts acquiesce; We have spent much time to prepare, and have at last (through the blessing of God) finished a Draught of such a settlement, in the nature of an Agreement of the People for Peace amongst themselves; Which we have lately presented to the Honourable the Commons now assembled in Parliament, and doe herewith tender to the people of this Nation.
We shal not otherwise commend it, then to say, It contains the best and most hopefull Foundations for the Peace, & future wel Government of this Nation, that we can devise or think on, within the line of humane power, and such, wherin all the people interested in this Land (that have not particular interests of advantage & power over others, divided from that which is common and publique) are indifferently and equally provided for, save where any have justly forfeited their share in that common interest by opposing it, and so rendred themselves incapable thereof (at least) for some time: And we call the Consciences of all that reade or hear it, to witnesse, whether wee have therein provided or propounded any thing of advantage to our selves in any capacity above others, or ought, but what is as good for one as for another: And therefore as we doubt not but that (the Parliament being now freed from the obstructing and perverting Councels of such Members, by many of whom a corrupt compliance with the Kings Interest hath beene driven on, and all settlement otherwise hath hitherto beene hindred) Those remaining worthy Patriots to whom we have presented the Agreement, will for the maine allow thereof, and give their seale of Approbation thereby; So we desire and hope, That all good People of England whose heart God shall make sensible of their, and our common concernment therein, and of the usefulnesse and sutablenesse thereof to the publique ends it holds forth, will cordially embrace it, and by subscription declare their concurrence, and accord thereto, when it shall be tendred to them, as is directed therein; wherein, if it please God wee shall finde a good Reception of it with the people of the Nation, or the Well-affected therein, We shall rejoyce at the hoped good to the Common-wealth, which (through Gods mercy) may redound therefrom, and that God hath vouchsafed thereby to make us instrumentall for any good settlement to this poor distracted Country, as he hath formerly made us for the avoiding of evill. But if God shall (in his Righteous Judgement towards this Land) suffer the people to be so blinded as not to see their own common good and freedome, endeavoured to be provided for therein, or any to be so deluded (to their own and the publique prejudice) as to make opposition thereto, whereby the effect of it be hindred, we have, yet, by the preparation and tender of it discharged our Consciences to God, and duty to our native Country in our utmost endeavours for a settlement, (to the best of our understandings) unto a just publique interest; And hope we shall be acquitted before God and good men, from the blame of any further troubles, distractions, or miseries to the Kingdom, which may arise through the neglect or rejection thereof, or opposition thereto.
Now whereas there are many good things in particular matters which our own Reasons & observations or the Petitions of others have suggested, and which we hold requisite to be provided for in their proper time and way (as the setting of moderate Fines upon such of the Kings party, as shal not be excepted for life, with a certain day for their coming in and submitting, and an Act of pardon to such as shall come in and submit accordingly, or have already compounded, The setling of a Revenue for all necessary publique uses, in such a way as the people may be most eased, The assigning and ascertayning of securities for Souldiers Arrears; and for publique Debts and Damages. The taking away of Tithes, and putting that maintenance which shall be thought competent for able Teachers to instruct the people, into some other way, lesse subject to scruple or contention, the clearing and perfecting of Accompts for all publique Monies, the relieving of prisoners for Debt; the removing or reforming of other evills or inconveniencies in the present Lawes, and Administrations thereof, the redresse of abuses, and supplying of Defects therein, the putting of all the Lawes and proceedings thereof into the English tongue, the reducing of the course of Law to more brevity and lesse charge, the setling of Courts of Justice and Record in each County or lesse Divisions of the Kingdome, and the erecting of Courts of Merchants for controversies in trading, and the like.) These and many other things of like sort being of a particular nature, and requiring very particular and mature consideration, with larger experience in the particular matters then we have, and much Caution, that by taking away of present Evills greater inconveniences may not ensue for want of other provisions in the room thereof, where it is necessary; and we (for our parts) being far from any Desire or thought to assume or exercise a Law-giving, or Judiciall power over the Kingdome, or to meddle in any thing save the fundamentall setling of that power in the most equall and hopefull way for Common Right, Freedom, and Safety (as in this Agreement) and having not meanes nor time for, nor the necessitie of some present generall settlement admitting the delay of, such a consideration, as seems requisite in relation to such numerous particulars, we have purposely declined the inserting of such things into this Agreement. But (as we have formerly expressed our desires that way, so) when the matters of publique Justice, and generall settlement are over, we shall not be wanting (if needfull) humbly to recommend such particulars to the Parliament, by whom they may more properly, safely, and satisfactorily be provided for, and we doubt not but they will be so, such of them, at least, as are of more neare and present concernment, by this Parliament, and the rest by future Representatives in due time.
And thus we recommend for present the businesse of this Agreement without further addition to the best consideration of all indifferent and equall minded men, and commit the issue thereof (as of all our wayes and concernments) to the good pleasure of the Lord, whose will is better to us then our own, or any inventions of ours, who hath decreed and promised better things then we can wish or imagine, and who is most faithfull to accomplish them in the best way and season.
T.271 John Milton, The Tenure of Kings and Magistrates (Feb., 1649).↩
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Bibliographical Information
ID NumberT.271 [1649.02] John Milton, The Tenure of Kings and Magistrates (Feb., 1649)
SourceThis version from The Prose Works of John Milton: With a Biographical Introduction by Rufus Wilmot Griswold. In Two Volumes (Philadelphia: John W. Moore, 1847). In vol. 1 </titles/1209#lf0233-01_head_152>.
Another copy in John Milton, The Tenure of Kings and Magistrates, edited with Introduction and Notes by William Talbot Allison (New York: Henry Holt and Co., 1911). </titles/271>
Estimated date of publicationFebruary, 1649
Thomason Tracts Catalog informationabc
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
THE TENURE OF KINGS AND MAGISTRATES:
PROVING THAT IT IS LAWFUL, AND HATH BEEN HELD SO THROUGH ALL AGES, FOR ANY, WHO HAVE THE POWER, TO CALL TO ACCOUNT A TYRANT, OR WICKED KING; AND, AFTER DUE CONVICTION, TO DEPOSE, AND PUT HIM TO DEATH; IF THE ORDINARY MAGISTRATE HAVE NEGLECTED, OR DENIED TO DO IT. AND THAT THEY, WHO OF LATE SO MUCH BLAME DEPOSING, ARE THE MEN THAT DID IT THEMSELVES.*
[first published 1648-9.]
If men within themselves would be governed by reason, and not generally give up their understanding to a double tyranny, of custom from without, and blind affections within; they would discern better what it is to favour and uphold the tyrant of a nation. But being slaves within doors, no wonder that they strive so much to have the public state conformably governed to the inward vicious rule, by which they govern themselves. For indeed none can love freedom heartily, but good men: the rest love not freedom, but license: which never hath more scope, or more indulgence than under tyrants. Hence is it, that tyrants are not oft offended, not stand much in doubt of bad men, as being all naturally servile; but in whom virtue and true worth most is eminent, them they fear in earnest, as by right their masters; against them lies all their hatred and suspicion. Consequently neither do bad men hate tyrants, but have been always readiest, with the falsified names of Loyalty and Obedience, to colour over their base compliances. And although sometimes for shame, and when it comes to their own grievances, of purse especially, they would seem good patriots, and side with the better cause, yet when others for the deliverance of their country endued with fortitude and heroic virtue, to fear nothing but the curse written against those “that do the work of the Lord negligently,”† would go on to remove, not only the calamities and thraldoms of a people, but the roots and causes whence they spring; straight these men, and sure helpers at need, as if they hated only the miseries, but not the mischiefs, after they have juggled and paltered with the world, bandied and borne arms against their king, divested him, disanointed him, nay, cursed him all over in their pulpits, and their pamphlets, to the engaging of sincere and real men beyond what is possible or honest to retreat from, not only turn revolters from those principles, which only could at first move them, but lay the strain of disloyalty, and worse, on those proceedings, which are the necessary consequences of their own former actions; nor disliked by themselves, Edition: current; Page: [375] were they managed to the entire advantages of their own faction; not considering the while that he, toward whom they boasted their new fidelity, counted them accessory; and by those statutes and laws, which they so impotently brandish against others, would have doomed them to a traitor’s death for what they have done already. It is true, that most men are apt enough to civil wars and commotions as a novelty, and for a flash hot and active; but through sloth or inconstancy, and weakness of spirit, either fainting ere their own pretences, though never so just, be half attained, or, through an inbred falsehood and wickedness, betray ofttimes to destruction with themselves men of noblest temper joined with them for causes, whereof they in their rash undertakings were not capable. If God and a good cause give them victory, the prosecution whereof for the most part inevitably draws after it the alteration of laws, change of government, downfall of princes with their families; then comes the task to those worthies, which are the soul of that enterprise, to be sweat and laboured out amidst the throng and noses of vulgar and irrational men. Some contesting for privileges, customs, forms, and that old entanglement of iniquity, their gibberish laws, though the badge of their ancient slavery. Others, who have been fiercest against their prince, under the notion of a tyrant, and no mean incendiaries of the war against them, when God, out of his providence and high disposal hath delivered him into the hand of their brethren, on a sudden and in a new garb of allegiance, which their doings have long since cancelled, they plead for him, pity him, extol him, protest against those that talk of bringing him to the trial of justice, which is the sword of God, superior to all mortal things, in whose hand soever by apparent signs his testified will is to put it. But certainly, if we consider, who and what they are, on a sudden grown so pitiful, we may conclude their pity can be no true and Christian commiseration, but either levity and shallowness of mind, or else a carnal admiring of that worldly pomp and greatness, from whence they see him fallen; or rather, lastly, a dissembled and seditious pity, feigned of industry to beget new discord. As for mercy, if it be to a tyrant, under which name they themselves have cited him so oft in the hearing of God, of angels, and the holy church assembled, and there charged him with the spilling of more innocent blood by far, than ever Nero did, undoubtedly the mercy which they pretend is the mercy of wicked men, and “their mercies,”* we read, “are cruelties;” hazarding the welfare of a whole nation, to have saved one whom they so oft have termed Agag, and vilifying the blood of many Jonathans that have saved Israel; insisting with much niceness on the unnecessariest clause of their covenant wrested, wherein the fear of change and the absurd contradiction of a flattering hostility had hampered them, but not scrupling to give away for compliments, to an implacable revenge, the heads of many thousand Christians more.
Another sort there is, who coming in the course of these affairs, to have their share in great actions above the form of law or custom, at least to give their voice and approbation; begin to swerve and almost shiver at the majesty and grandeur of some noble deed, as if they were newly entered into a great sin; disputing precedents, forms, and circumstances, when the commonwealth nigh perishes for want of deeds in substance, done with just and faithful expedition. To these I wish better instruction, and virtue equal to their calling; the former of which, that is to say instruction, I shall endeavour, as my duty is, to bestow on them; and exhort them not to startle Edition: current; Page: [376] from the just and pious resolution of adhering with all their strength and assistance to the present parliament and army, in the glorious way wherein justice and victory hath set them; the only warrants through all ages, next under immediate revelation, to exercise supreme power; in those proceedings, which hitherto appear equal to what hath been done in any age or nation heretofore justly or magnanimously. Nor let them be discouraged or deterred by any new apostate scarecrows, who, under show of giving counsel, send out their barking monitories and mementoes, empty of aught else but the spleen of a frustrated faction. For how can that pretended counsel be either sound or faithful, when they that give it see not, for madness and vexation of their ends lost, that those statutes and Scriptures, which both falsely and scandalously they wrest against their friends and associates, would by sentence of the common adversary fall first and heaviest upon their own heads? Neither let mild and tender dispositions be foolishly softened from their duty and perseverance with the unmasculine rhetoric of any puling priest or chaplain, sent as a friendly letter of advice, for fashion’s sake in private, and forthwith published by the sender himself, that we may know how much of friend there was in it, to cast an odious envy upon them to whom it was pretended to be sent in charity. Nor let any man be deluded by either the ignorance, or the notorious hypocrisy and self-repugnance of our dancing divines, who have the conscience and the boldness to come with Scripture in their mouths, glossed and fitted for their turns with a double contradictory sense, transforming the sacred verity of God to an idol with two faces, looking at once two several ways; and with the same quotations to charge others, which in the same case they made serve to justify themselves. For while the hope to be made classic and provincial lords led them on, while pluralities greased them thick and deep, to the shame and scandal of religion, more than all the sects and heresies they exclaim against; then to fight against the king’s person, and no less a party of his lords and commons, or to put force upon both the houses, was good, was lawful, was no resisting of superior powers; they only were powers not to be resisted, who countenanced the good, and punished the evil. But now that their censorious domineering is not suffered to be universal, truth and conscience to be freed, tithes and pluralities to be no more, though competent allowance provided, and the warm experience of large gifts, and they so good at taking them; yet now to exclude and seize upon impeached members, to bring delinquents without exemption to a fair tribunal by the common national law against murder, is now to be no less than Corah, Dathan, and Abiram. He who but erewhile in the pulpits was a cursed tyrant, an enemy to God and saints, laden with all the innocent blood spilt in three kingdoms, and so to be fought against; is now, though nothing penitent or altered from his first principles, a lawful magistrate, a sovereign lord, the Lord’s anointed, not to be touched, though by themselves imprisoned. As if this only were obedience, to preserve the mere useless bulk of his person, and that only in prison, not in the field, not to disobey his commands, deny him his dignity and office, every where to resist his power, but where they think it only surviving in their own faction.
But who in particular is a tyrant, cannot be determined in a general discourse, otherwise than by supposition; his particular charge, and the sufficient proof of it, must determine that: which I leave to magistrates, at least to the uprighter sort of them, and of the people, though in number less by many, in whom faction least hath prevailed above the law of nature and right reason, to judge as they find cause. But this I dare own as part of Edition: current; Page: [377] my faith, that if such a one there be, by whose commission whole massacres have been committed on his faithful subjects, his provinces offered to pawn or alienation, as the hire of those whom he had solicited to come in and destroy whole cities and countries; be he king, or tyrant, or emperor, the sword of justice is above him; in whose hand soever is found sufficient power to avenge the effusion, and so great a deluge of innocent blood. For if all human power to execute, not accidentally but intendedly the wrath of God upon evil-doers without exception, be of God; then that power, whether ordinary, or if that fail, extraordinary, so executing that intent of God, is lawful, and not to be resisted. But to unfold more at large this whole question, though with all expedient brevity, I shall here set down, from first beginning, the original of kings; how and wherefore exalted to that dignity above their brethren; and from thence shall prove, that turning to tyranny they may be as lawfully deposed and punished, as they were at first elected: this I shall do by authorities and reasons, not learnt in corners among schisms and heresies, as our doubling divines are ready to calumniate, but fetched out of the midst of choicest and most authentic learning, and no prohibited authors; nor many heathen, but Mosaical, Christian, orthodoxal, and which must needs be more convincing to our adversaries, presbyterial.
No man, who knows aught, can be so stupid to deny, that all men naturally were born free, being the image and resemblance of God himself, and were, by privilege above all the creatures, born to command, and not to obey: and that they lived so, till from the root of Adam’s transgression, falling among themselves to do wrong and violence, and foreseeing that such courses must needs tend to the destruction of them all, they agreed by common league to bind each other from mutual injury, and jointly to defend themselves against any that gave disturbance or opposition to such agreement. Hence came cities, towns, and commonwealths. And because no faith in all was found sufficiently binding, they saw it needful to ordain some authority, that might restrain by force and punishment what was violated against peace and common right. This authority and power of self-defence and preservation being originally and naturally in every one of them, and unitedly in them all; for ease, for order, and lest each man should be his own partial judge, they communicated and derived either to one, whom for the eminence of his wisdom and integrity they chose above the rest, or to more than one, whom they thought of equal deserving: the first was called a king; the other, magistrates: not to be their lords and masters, (though afterward those names in some places were given voluntarily to such as had been authors of inestimable good to the people,) but to be their deputies and commissioners, to execute, by virtue of their intrusted power, that justice, which else every man by the bond of nature and of covenant must have executed for himself, and for one another. And to him that shall consider well, why among free persons one man by civil right should bear authority and jurisdiction over another; no other end or reason can be imaginable. These for a while governed well, and with much equity decided all things at their own arbitrement; till the temptation of such a power, left absolute in their hands, perverted them at length to injustice and partiality. Then did they, who now by trial had found the danger and inconveniences of committing arbitrary power to any, invent laws either framed or consented to by all; that should confine and limit the authority of whom they chose to govern them: that so man, of whose failing they had proof, might no more rule over them, but law and reason, abstracted as much as might be from personal errors and frailties. “While, as the magistrate Edition: current; Page: [378] was set above the people, so the law was set above the magistrate.” When this would not serve, but that the law was either not executed, or misapplied, they were constrained from that time, the only remedy left them, to put conditions and take oaths from all kings and magistrates at their first instalment to do impartial justice by law: who upon those terms and no other, received allegiance from the people, that is to say, bond or covenant to obey them in execution of those laws, which they, the people, had themselves made or assented to. And this ofttimes with express warning, that if the king or magistrate proved unfaithful to his trust, the people would be disengaged. They added also counsellors and parliaments, not to be only at his beck, but with him or without him, at set times, or at all times, when any danger threatened, to have care of the public safety. Therefore saith Claudius Sesell, a French statesman, “The parliament was set as a bridle to the king;” which I instance rather, “not because our English lawyers have not said the same long before, but because that French monarchy is granted by all to be a far more absolute one than ours. That this and the rest of what hath hitherto been spoken is most true, might be copiously made appear through all stories heathen and Christian; even of those nations, where kings and emperors have sought means to abolish all ancient memory of the people’s right by their encroachments and usurpations. But I spare long insertions, appealing to the German, French, Italian, Arragonian, English, and, not least, the Scottish histories: not forgetting this only by the way, that William the Norman, though a conqueror, and not unsworn at his coronation, was compelled, a second time, to take oath at St. Albans, ere the people would be brought to yield obedience.
It being thus manifest, that the power of kings and magistrates is nothing else but what is only derivative, transferred, and committed to them in trust from the people to the common good of them all, in whom the power yet remains fundamentally, and cannot be taken from them, without a violation of their natural birthright; and seeing that from hence Aristotle, and the best of political writers, have defined a king, “him who governs to the good and profit of his people, and not for his own ends;” it follows from necessary causes, that the titles of sovereign lord, natural lord, and the like, are either arrogancies, or flatteries, not admitted by emperors and kings of best note, and disliked by the church both of Jews (Isa. xxvi. 13,) and ancient Christians, as appears by Tertullian and others. Although generally the people of Asia, and with them the Jews also, especially since the time they chose a king against the advice and counsel of God, are noted by wise authors much inclinable to slavery.
Secondly, that to say, as is usual, the king hath as good right to his crown and dignity, as any man to his inheritance, is to make the subject no better than the king’s slave, his chattel, or his possession that may be bought and sold: and doubtless, if hereditary title were sufficiently inquired, the best foundation of it would be found but either in courtesy or convenience. But suppose it to be of right hereditary, what can be more just and legal, if a subject for certain crimes be to forfeit by law from himself and posterity all his inheritance to the king, than that a king for crimes proportional should forfeit all his title and inheritance to the people? Unless the people must be thought created all for him, he not for them, and they all in one body inferior to him single; which were a kind of treason against the dignity of mankind to affirm.
Thirdly, it follows, that, to say kings are accountable to none but God, is the overturning of all law and government. For if they may refuse to give account, then all covenants made with them at coronation, all oaths, Edition: current; Page: [379] are in vain, and mere mockeries; all laws which they swear to keep, made to no purpose: for if the king fear not God, (as how many of them do not!) we hold then our lives and estates by the tenure of his mere grace and mercy, as from a god, not a mortal magistrate; a position that none but court-parasites or men besotted would maintain! ‘Aristotle therefore, whom we commonly allow for one of the best interpreters of nature and morality, writes in the fourth of his Politics, chap. x. that “monarchy unaccountable, is the worst sort of tyranny, and least of all to be endured by freeborn men.” ’ And surely no Christian prince, not drunk with high mind, and prouder than those pagan Cæsars that deified themselves, would arrogate so unreasonably above human condition, or derogate so basely from a whole nation of men his brethren, as if for him only subsisting, and to serve his glory, valuing them in comparison of his own brute will and pleasure no more than so many beasts, or vermin under his feet, not to be reasoned with, but to be trod on; among whom there might be found so many thousand men for wisdom, virtue, nobleness of mind, and all other respects but the fortune of his dignity, far above him. Yet some would persuade us that this absurd opinion was King David’s, because in the 51st Psalm he cries out to God, “Against thee only have I sinned;” as if David had imagined, that to murder Uriah and adulterate his wife had been no sin against his neighbour, whenas that law of Moses was to the king expressly, Deut. xvii., not to think so highly of himself above his brethren. David therefore by those words could mean no other, than either that the depth of his guiltiness was known to God only, or to so few as had not the will or power to question him; or that the sin against God was greater beyond compare than against Uriah. Whatever his meaning were, any wise man will see, that the pathetical words of a psalm can be no certain decision to a point that hath abundantly more certain rules to go by. How much more rationally spake the heathen king Demophoön in a tragedy of Euripides, than these interpreters would put upon King David! “I rule not my people by tyranny, as if they were barbarians, but am myself liable, if I do unjustly, to suffer justly.” Not unlike was the speech of Trajan, the worthy emperor, to one whom he made general of his prætorian forces: “Take this drawn sword,” saith he, “to use for me, if I reign well; if not, to use against me.” Thus Dion relates. And not Trajan only, but Theodosius the younger, a Christian emperor, and one of the best, caused it to be enacted as a rule undeniable and fit to be acknowledged by all kings and emperors, that a prince is bound to the laws; that on the authority of law the authority of a prince depends, and to the laws ought to submit. Which edict of his remains yet unrepealed in the Code of Justinian, l. 1, tit. 24, as a sacred constitution to all the succeeding emperors. How then can any king in Europe maintain and write himself accountuble to none but God, when emperors in their own imperial statutes have written and decreed themselves accountable to law? And indeed where such account is not feared, he that bids a man reign over him above law, may bid as well a savage beast.
It follows, lastly, that since the king or magistrate holds his authority of the people, both originally and naturally for their good in the first place, and not his own; then may the people, as oft as they shall judge it for the best, either choose him or reject him, retain him or depose him though no tyrant, merely by the liberty and right of freeborn men to be governed as seems to them best. This, though it cannot but stand with plain reason, shall be made good also by Scripture, Deut. xvii. 14, “When thou art come into the land, which the Lord thy God giveth thee, and shalt say, I will set a king over me, like as all the nations about me.” These words Edition: current; Page: [380] confirm us that the right of choosing, yea of changing their own government, is by the grant of God himself in the people. And therefore when they desired a king, though then under another form of government, and though their changing displeased him, yet he that was himself their king, and rejected by them, would not be a hinderance to what they intended, further than by persuasion, but that they might do therein as they saw good, 1 Sam. viii. only he reserved to himself the nomination of who should reign over them. Neither did that exempt the king, as if he were to God only accountable, though by his especial command anointed. Therefore “David first made a covenant with the elders of Israal, and so was by them anointed king,” 2 Sam. v. 3; 1 Chron. xi. And Jehoiada the priest, making Jehoash king, made a covenant between him and the people, 2 Kings, xi. 17. Therefore when Rehoboam, at his coming to the crown, rejected those conditions, which the Israelites brought him, hear what they answer him, “What portion have we in David, or inheritance in the son of Jesse? See to thine own house, David.” And for the like conditions not performed, all Israel before that time deposed Samuel; not for his own default, but for the misgovernment of his sons. But some will say to both these examples, it was evilly done. I answer, that not the latter, because it was expressly allowed them in the law, to set up a king if they pleased; and God himself joined with them in the work; though in some sort it was at that time displeasing to him, in respect of old Samuel, who had governed them uprightly. As Livy praises the Romans, who took occasion from Tarquinius, a wicked prince, to gain their liberty, which to have extorted, saith he, from Numa, or any of the good kings before, had not been seasonable. Nor was it in the former example done unlawfully; for when Rehoboam had prepared a huge army to reduce the Israelites, he was forbidden by the prophet, 1 Kings xii. 24, “Thus saith the Lord, ye shall not go up, nor fight against your brethren, for this thing is from me.” He calls them their brethren, not rebels, and forbids to be proceeded against them, owning the thing himself, not by single providence, but by approbation, and that not only of the act, as in the former example, but of the fit season also; he had not otherwise forbid to molest them. And those grave and wise counsellors, whom Rehoboam first advised with, spake no such thing, as our old gray-headed flatterers now are wont, stand upon your birth-right, scorn to capitulate, you hold of God, not of them; for they knew no such matter, unless conditionally, but gave him politic counsel, as in a civil transaction. Therefore kingdom and magistracy, whether supreme or subordinate, is called “a human ordinance,” 1 Pet. ii. 13, &c.; which we are there taught is the will of God we should submit to, so far as for the punishment of evil-doers, and the encouragement of them that do well. “Submit,” saith he, “as free men.” “But to any civil power unaccountable, unquestionable, and not to be resisted, no not in wickedness, and violent actions, how can we submit as free men?” “There is no power but of God,” saith Paul, Rom. xiii., as much as to say, God put it into man’s heart to find out that way at first for common peace and preservation, approving the exercise thereof; else it contradicts Peter, who calls the same authority an ordinance of man. It must be also understood of lawful and just power, else we read of great power in the affairs and kingdoms of the world permitted to the devil: for, saith he to Christ, Luke iv. 6, all this power will I give thee, and the glory of them, for it is delivered to me, and to whomsoever I will, I give it: neither did he lie, or Christ gainsay what he affirmed; for in the thirteenth of the Revelation, we read how the dragon gave to the beast his power, his seat, and great authority: which beast so authorized most expound to be Edition: current; Page: [381] the tyrannical powers and kingdoms of the earth. Therefore St. Paul in the forecited chapter tells us, that such magistrates he means, as are not a terror to the good, but to the evil, such as bear not the sword in vain, but to punish offenders, and to encourage the good. If such only be mentioned here as powers to be obeyed, and our submission to them only required, then doubtless those powers, that do the contrary, are no powers ordained of God; and by consequence no obligation laid upon us to obey or not to resist them. And it may be well observed, that both these apostles, whenever they give this precept, express it in terms not concrete, but abstract, as logicians are wont to speak; that is, they mention the ordinance, the power, the authority, before the persons that execute it; and what that power is, lest we should be deceived, they describe exactly. So that if the power be not such, or the person execute not such power, neither the one nor the other is of God, but of the devil, and by consequence to be resisted. From this exposition Chrysostom also on the same place dissents not; explaining that these words were not written in behalf of a tyrant. And this is verified by David, himself a king, and likeliest to be the author of the Psalm xciv. 20, which saith, “Shall the throne of iniquity have fellowship with thee?” And it were worth the knowing, since kings in these days, and that by Scripture, boast the justness of their title, by holding it immediately of God, yet cannot show the time when God ever set on the throne them or their forefathers, but only when the people chose them; why by the same reason, since God ascribes as oft to himself the casting down of princes from the throne, it should not be thought as lawful, and as much from God, when none are seen to do it but the people, and that for just causes. For if it needs must be a sin in them to depose, it may as likely be a sin to have elected. And contrary, if the people’s act in election be pleaded by a king, as the act of God, and the most just title to enthrone him, why may not the people’s act of rejection be as well pleaded by the people as the act of God, and the most just reason to depose him? So that we see the title and just right of reigning or deposing in reference to God, is found in Scripture to be all one; visible only in the people, and depending merely upon justice and demerit. Thus far hath been considered chiefly the power of kings and magistrates; how it was and is originally the people’s, and by them conferred in trust only to be employed to the common peace and benefit; with liberty therefore and right remaining in them, to reassume it to themselves, if by kings or magistrates it be abused; or to dispose of it by any alteration, as they shall judge most conducive to the public good.
We may from hence with more ease and force of argument determine what a tyrant is, and what the people may do against him. A tyrant, whether by wrong or by right coming to the crown, is he who, regarding neither law nor the common good, reigns only for himself and his faction: thus St. Basil among others defines him. And because his power is great, his will boundless and exorbitant, the fulfilling whereof is for the most part accompanied with innumerable wrongs and oppressions of the people, murders, massacres, rapes, adulteries, desolation, and subversion of cities and whole provinces; look how great a good and happiness a just king is, so great a mischief is a tyrant; as he the public father of his country, so this the common enemy. Against whom what the people lawfully may do, as against a common pest, and destroyer of mankind, I suppose no man of clear judgment need go further to be guided than by the very principles of nature in him. But because it is the vulgar folly of men to desert their own reason, and shutting their eyes, to think they see best with other men’s, Edition: current; Page: [382] I shall show by such examples as ought to have most weight with us, what hath been done in this case heretofore. The Greeks and Romans, as their prime authors witness, held it not only lawful, but a glorious and heroic deed, rewarded publicly with statues and garlands, to kill an infamous tyrant at any time without trial: and but reason, that he, who trod down all law, should not be vouchsafed the benefit of law. Insomuch that Seneca the tragedian, brings in Hercules, the grand suppressor of tyrants, thus speaking;
-
- —Victima haud ulla amplior
- Potest, magisque opima mactari Jovi
- Quam rex iniquus.
-
- —There can be slain
- No sacrifice to God more acceptable
- Than an unjust and wicked king.
But of these I name no more, lest it be objected they were heathen; and come to produce another sort of men, that had the knowledge of true religion. Among the Jews this custom of tyrant-killing was not unusual. First Ehud, a man whom God had raised to deliver Israel from Eglon king of Moab, who had conquered and ruled over them eighteen years, being sent to him as an ambassador with a present, slew him in his own house. But he was a foreign prince, an enemy, and Ehud besides had special warrant from God. To the first I answer, it imports not whether foreign or native: for no prince so native but professes to hold by law; which when he himself overturns, breaking all the covenants and oaths that gave him title to his dignity, and were the bond and alliance between him and his people, what differs he from an outlandish king, or from an enemy? For look how much right the king of Spain hath to govern us at all, so much right hath the king of England to govern us tyrannically. If he, though not bound to us by any league, coming from Spain in person to subdue us, or to destroy us, might lawfully by the people of England either be slain in fight, or put to death in captivity, what hath a native king to plead, bound by so many covenants, benefits, and honours, to the welfare of his people; why he through the contempt of all laws and parliaments, the only tie of our obedience to him, for his own will’s sake, and a boasted prerogative unaccountable, after seven years warring and destroying of his best subjects, overcome, and yielded prisoner, should think to scape unquestionable, as a thing divine, in respect of whom so many thousand Christians destroyed should lie unaccounted for, polluting with their slaughtered carcasses all the land over, and crying for vengeance against the living that should have righted them? Who knows not that there is a mutual bond of amity and brotherhood between man and man over all the world, neither is it the English sea that can sever us from that duty and relation: a straiter bond yet there is between fellow-subjects, neighbours, and friends. But when any of these do one to another so as hostility could do no worse, what doth the law decree less against them, than open enemies and invaders? or if the law be not present, or too weak, what doth it warrant us to less than single defence or civil war? and from that time forward the law of civil defensive war differs nothing from the law of foreign hostility. Nor is it distance of place that makes enmity, but enmity that makes distance. He therefore that keeps peace with me, near or remote, of whatsoever nation, is to me, as far as all civil and human offices, an Englishman and a neighbour: but if an Englishman, forgetting all laws, human, civil, and religious, offend against Edition: current; Page: [383] life and liberty, to him offended, and to the law in his behalf, though born in the same womb, he is no better than a Turk, a Saracen, a heathen. This is gospel, and this was ever law among equals; how much rather then in force against any king whatever, who in respect of the people is confessed inferior and not equal; to distinguish therefore of a tyrant by outlandish, or domestic, is a weak evasion. To the second, that he was an enemy; I answer, what tyrant is not? yet Eglon by the Jews had been acknowledged as their sovereign, they had served him eighteen years, as long almost as we our William the Conqueror, in all which he could not be so unwise a statesman, but to have taken of them oaths of fealty and allegiance; by which they made themselves his proper subjects, as their homage and present sent by Ehud testified. To the third, that he had special warrant to kill Eglon in that manner, it cannot be granted, because not expressed; it is plain, that he was raised by God to be a deliverer, and went on just principles, such as were then and ever held allowable to deal so by a tyrant, that could no otherwise be dealt with. Neither did Samuel, though a prophet, with his own hand abstain from Agag; a foreign enemy, no doubt; but mark the reason, “As thy sword hath made women childless;” a cause that by the sentence of law itself nullifies all relations. And as the law is between brother and brother, father and son, master and servant, wherefore not between king, or rather tyrant, and people? And whereas Jehu had special command to slay Jehoram, a successive and hereditary tyrant, it seems not the less imitable for that; for where a thing grounded so much on natural reason hath the addition of a command from God, what does it but establish the lawfulness of such an act? Nor is it likely that God, who had so many ways of punishing the house of Ahab, would have sent a subject against his prince, if the fact in itself, as done to a tyrant, had been of bad example. And if David refused to lift his hand against the Lord’s anointed, the matter between them was not tyranny, but private enmity, and David as a private person had been his own revenger, not so much the people’s: but when any tyrant at this day can show himself to be the Lord’s anointed, the only mentioned reason why David withheld his hand, he may then, but not not till then, presume on the same privilege.
We may pass therefore hence to Christian times. And first our Saviour himself, how much he favoured tyrants, and how much intended they should be found or honoured among Christians, declared his mind not obscurely; accounting their absolute authority no better than Gentilism, yea though they flourished it over with the splendid name of benefactors; charging those that would be his disciples to usurp no such dominion; but that they, who were to be of most authority among them, should esteem themselves ministers and servants to the public. Matt. xx. 25, “The princes of the Gentiles exercise lordship over them; and Mark x. 42, “They that seem to rule,” saith he, either slighting or accounting them no lawful rulers: “but ye shall not be so, but the greatest among you shall be your servant.” And although he himself were the meekest, and came on earth to be so, yet to a tyrant we hear him not vouchsafe an humble word: but, “Tell that fox,” Luke xiii. “So far we ought to be from thinking that Christ and his gospel should be made a sanctuary for tyrants from justice, to whom his law before never gave such protection.” And wherefore did his mother the virgin Mary give such praise to God in her prophetic song, that he had now by the coming of Christ, cut down dynasties, or proud monarchs, from the throne, if the church, when God manifests his power in them to do so, should rather choose all misery and vassalage to serve them, and let them still sit on their potent seats to be adored Edition: current; Page: [384] for doing mischief? Surely it is not for nothing, that tyrants by a kind of natural instinct both hate and fear none more than the true church and saints of God, as the most dangerous enemies and subverters of monarchy, though indeed of tyranny; hath not this been the perpetual cry of courtiers and court prelates? whereof no likelier cause can be alleged, but that they well discerned the mind and principles of most devout and zealous men, and indeed the very discipline of church, tending to the dissolution of all tyranny. No marvel then if since the faith of Christ received, in purer or impurer times, to depose a king and put him to death for tyranny, hath been accounted so just and requisite, that neighbour kings have both upheld and taken part with subjects in the action. And Ludovicus Pius, himself an emperor, and son of Charles the Great, being made judge (Du Haillan is my author) between Milegast king of the Vultzes and his subjects who had deposed him, gave his verdict for the subjects, and for him whom they had chosen in his room. Note here, that the right of electing whom they please is by the impartial testimony of an emperor in the people: for, said he, “A just prince ought to be preferred before an unjust, and the end of government before the prerogative.” And Constantinus Leo, another emperor, in the Byzantine laws saith, “That the end of a king is for the general good, which he not performing, is but the counterfeit of a king.” And to prove, that some of our own monarchs have acknowledged, that their high office exempted them not from punishment, they had the sword of St. Edward borne before them by an officer, who was called earl of the palace, even at the times of their highest pomp and solemnities; to mind them, saith Matthew Paris, the best of our historians, “that if they erred, the sword had power to restrain them.” And what restraint the sword comes to at length, having both edge and point, if any sceptic will doubt, let him feel. It is also affirmed from diligent search made in our ancient book of law, that the peers and barons of England had a legal right to judge the king: which was the cause most likely, (for it could be no slight cause,) that they were called his peers, or equals. This however may stand immovable, so long as man hath to deal with no better than man; that if our law judge all men to the lowest by their peers, it should in all equity ascend also, and judge the highest. And so much I find both in our own and foreign story, that dukes, earls, and marquisses were at first not hereditary, not empty and vain titles, but names of trust and office, and with the office ceasing; as induces me to be of opinion, that every worthy man in parliament, (for the word baron imparts no more,) might for the public good be thought a fit peer and judge of the king; without regard had to petty caveats and circumstances, the chief impediment in high affairs, and ever stood upon most by circumstantial men. Whence doubtless our ancestors who were not ignorant with what rights either nature or ancient constitution had endowed them, when oaths both at coronation and renewed in parliament would not serve, thought it no way illegal, to depose and put to death their tyrannous kings. Insomuch that the parliament drew up a charge against Richard the Second, and the commons requested to have judgment decreed against him, that the realm might not be endangered. And Peter Martyr, a divine of foremost rank, on the third of Judges approves their doings. Sir Thomas Smith also, a protestant and a statesman, in his Commonwealth of England, putting the question, “whether it be lawful to rise against a tyrant;” answers, “that the vulgar judge of it according to the event, and the learned according to the purpose of them that do it.” But far before those days Gildas, the most ancient of all our historians, speaking of those times wherein the Roman empire, decaying, Edition: current; Page: [385] quitted and relinquished what right they had by conquest to this island, and resigned it all into the people’s hands, testifies that the people thus reinvested with their own original right, about the year 446, both elected them kings, whom they thought best, (the first Christian British kings that ever reigned here since the Romans,) and by the same right, when they apprehended cause, usually deposed and put them to death. This is the most fundamental and ancient tenure, that any king of England can produce or pretend to; in comparison of which, all other titles and pleas are but of yesterday. If any object, that Gildas condemns the Britons for so doing, the answer is as ready; that he condemns them no more for so doing, than he did before for choosing such; for saith he, “They anointed them kings, not of God, but such as were more bloody than the rest.” Next, he condemns them not at all for deposing or putting them to death, but for doing it overhastily, without trial or well examining the cause, and for electing others worse in their room. Thus we have here both domestic and most ancient examples, that the people of Britain have deposed and put to death their kings in those primitive Christian times. And to couple reason with example, if the church in all ages, primitive, Romish, or protestant, held it ever no less their duty than the power of their keys, though without express warrant of Scripture, to bring indifferently both king and peasant under the utmost rigour of their canons and censures ecclesiastical, even to the smiting him with a final excommunion, if he persist impenitent: what hinders, but that the temporal law both may and ought, though without a special text, or precedent, extend with like indifference the civil sword, to the cutting off, without exemption, him that capitally offends, seeing that justice and religion are from the same God, and works of justice ofttimes more acceptable? Yet because that some lately with the tongues and arguments of malignant backsliders have written, that the proceedings now in parliament against the king are without precedent from any protestant state or kingdom, the examples which follow shall be all protestant, and chiefly presbyterian.
In the year 1546, the duke of Saxony, landgrave of Hesse, and the whole protestant league, raised open war against Charles the Fifth their emperor, sent him a defiance, renounced all faith and allegiance toward him, and debated long in council, whether they should give him so much as the title of Cæsar. Sleidan. l. 17. Let all men judge what this wanted of deposing or of killing, but the power to do it.
In the year 1559, the Scots protestants claiming promise of their queenregent for liberty of conscience, she answering, that promises were not to be claimed of princes beyond what was commodious for them to grant, told her to her face in the parliament then at Stirling, that if it were so, they renounced their obedience; and soon after betook them to arms. Buchanan Hist. l. 16. Certainly, when allegiance is renounced, that very hour the king or queen is in effect deposed.
In the year 1564, John Knox, a most famous divine, and the reformer of Scotland to the presbyterian discipline, at a general assembly maintained openly in a dispute against Lethington the secretary of state, that subjects might and ought to execute God’s judgments upon their king; that the fact of Jehu and others against their king, having the ground of God’s ordinary command to put such and such offenders to death, was not extraordinary, but to be imitated of all that preferred the honour of God to the affection of flesh and wicked princes; that kings, if they offend, have no privilege to be exempted from the punishments of law more than any other subject: so that if the king be a murderer, adulterer, or idolater, he should Edition: current; Page: [386] suffer, not as a king, but as an offender; and this position he repeats again and again before them. Answerable was the opinion of John Craig, another learned divine, and that laws made by the tyranny of princes, or the negligence of people, their posterity might abrogate, and reform all things according to the original institution of commonwealths. And Knox, being commanded by the nobility to write to Calvin and other learned men for their judgments in that question, refused; alleging, that both himself was fully resolved in conscience, and had heard their judgments, and had the same opinion under handwriting of many the most godly and most learned that he knew in Europe; that if he should move the question to them again, what should he do but show his own forgetfulness or inconstancy? All this is far more largely in the ecclesiastic history of Scotland, l. 4, with many other passages to this effect all the book over, set out with diligence by Scotsmen of best repute among them at the beginning of these troubles; as if they laboured to inform us what we were to do, and what they intended upon the like occasion.
And to let the world know, that the whole church and protestant state of Scotland in those purest times of reformation were of the same belief, three years after, they met in the field Mary their lawful and hereditary queen, took her prisoner, yielding before fight, kept her in prison, and the same year deposed her. Buchan. Hist. l. 18.
And four years after that, the Scots, in justification of their deposing Queen Mary, sent ambassadors to Queen Elizabeth, and in a written declaration alleged, that they had used towards her more lenity than she deserved; that their ancestors had heretofore punished their kings by death or banishment; that the Scots were a free nation, made king whom they freely chose, and with the same freedom unkinged him if they saw cause, by right of ancient laws and ceremonies yet remaining, and old customs yet among the Highlanders in choosing the head of their clans, or families; all which, with many other arguments, bore witness, that regal power was nothing else but a mutual covenant or stipulation between king and people. Buch. Hist. l. 20. These were Scotsmen and presbyterians: but what measure then have they lately offered, to think such liberty less beseeming us than themselves, presuming to put him upon us for a master, whom their law scarce allows to be their own equal? If now then we hear them in another strain than heretofore in the purest times of their church, we may be confident it is the voice of faction speaking in them, not of truth and reformation. “Which no less in England than in Scotland, by the mouths of those faithful witnesses commonly called puritans and nonconformists, spake as clearly for the putting down, yea, the utmost punishing, of kings, as in their several treatises may be read; even from the first reign of Elizabeth to these times. Insomuch that one of them, whose name was Gibson, foretold King James, he should be rooted out, and conclude his race, if he persisted to uphold bishops. And that very inscription, stamped upon the first coins at his coronation, a naked sword in a hand with these words, “Simereor, in me,” “Against me, if I deserve,” not only manifested the judgment of that state, but seemed also to presage the sentence of divine justice in this event upon his son.
In the year 1581, the states of Holland, in a general assembly at the Hague, abjured all obedience and subjection to Philip king of Spain; and in a declaration justify their so doing; for that by his tyrannous government, against faith so many times given and broken, he had lost his right to all the Belgic provinces; that therefore they deposed him, and declared it lawful to choose another in his stead. Thuan. l. 74. From that time to Edition: current; Page: [387] this, no state or kingdom in the world hath equally prospered: but let them remember not to look with an evil and prejudicial eye upon their neighbours walking by the same rule.
But what need these examples to presbyterians; I mean to those who now of late would seem so much to abhor deposing, whenas they to all Christendom have given the latest and the liveliest example of doing it themselves? I question not the lawfulness of raising war against a tyrant in defence of religion, or civil liberty; for no protestant church, from the first Waldenses of Lyons and Languedoc to this day, but have done it round, and maintained it lawful. But this I doubt not to affirm, that the presbyterians, who now so much condemn deposing, were the men themselves that deposed the king; and cannot, with all their shifting and relapsing, wash off the guiltiness from their own hands. For they themselves, by these their late doings, have made it guiltiness, and turned their own warrantable actions into rebellion.
There is nothing, that so actually makes a king of England, as rightful possession and supremacy in all Causes both Civil and Ecclesiastical: and nothing that so actually makes a subject of England, as those two oaths of allegiance and supremacy observed without equivocating, or any mental reservation. Out of doubt then when the king shall command things already constituted in church or state, obedience is the true essence of a subject, either to do, if it be lawful, or if he hold the thing unlawful, to submit to that penalty which the law imposes, so long as he intends to remain a subject. Therefore when the people, or any part of them, shall rise against the king and his authority, executing the law in any thing established, civil or ecclesiastical, I do not say it is rebellion, if the thing commanded though established be unlawful, and that they sought first all due means of redress (and no man is further bound to law); but I say it is an absolute renouncing both of supremacy and allegiance, which in one word is an actual and total deposing of the king, and the setting up of another supreme authority over them. And whether the presbyterians have not done all this and much more, they will not put me, I suppose, to reckon up a seven years story fresh in the memory of all men. Have they not utterly broke the oath of allegiance, rejecting the king’s command and authority sent them from any part of the kingdom, whether in things lawful or unlawful? Have they not abjured the oath of supremacy, by setting up the parliament without the king, supreme to all their obedience; and though their vow and covenant bound them in general to the parliament, yet sometimes adhering to the lesser part of lords and commons that remained faithful, as they term it, and even of them, one while to the commons without the lords, another while to the lords without the commons? Have they not still declared their meaning, whatever their oath were, to hold them only for supreme, whom they found at any time most yielding to what they petitioned? Both these oaths, which were the straitest bond of an English subject in reference to the king, being thus broke and made void; it follows undeniably, that the king from that time was by them in fact absolutely deposed, and they no longer in reality to be thought his subjects, notwithstanding their fine clause in the covenant to preserve his person, crown, and dignity, set there by some dodging casuist with more craft than sincerity, to mitigate the matter in case of ill success, and not taken, I suppose, by any honest man, but as a condition subordinate to every the least particle, that might more concern religion, liberty, or the public peace.
To prove it yet more plainly, that they are the men who have deposed the king, I thus argue. We know, that king and subject are relatives, and Edition: current; Page: [388] relatives have no longer being than in the relation; the relation between king and subject can be no other than regal authority and subjection. Hence I infer past their defending, that if the subject, who is one relative, take away the relation, of force he takes away also the other relative: but the presbyterians, who were one relative, that is to say, subjects, have for this seven years taken away the relation, that is to say, the king’s authority, and their subjection to it; therefore the presbyterians for these seven years have removed and extinguished the other relative, that is to say, the king; or to speak more in brief, have deposed him; not only by depriving him the execution of his authority, but by conferring it upon others. If then their oaths of subjection broken, new supremacy obeyed, new oaths and covenant taken, notwithstanding frivolous evasions, have in plain terms unkinged the king, much more then hath their seven years war, not deposed him only, but outlawed him, and defied him as an alien, a rebel to law, and enemy to the state. It must needs be clear to any man not averse from reason, that hostility and subjection are two direct and positive contraries, and can no more in one subject stand together in respect of the same king than one person at the same time can be in two remote places. Against whom therefore the subject is in act of hostility, we may be confident, that to him he is in no subjection: and in whom hostility takes place of subjection, for they can by no means consist together, to him the king can be not only no king, but an enemy. So that from hence we shall not need dispute, whether they have deposed him, or what they have defaulted towards him as no king, but show manifestly how much they have done toward the killing him. Have they not levied all these wars against him, whether offensive or defensive, (for defence in war equally offends, and most prudently beforehand,) and given commission to slay, where they knew his person could not be exempt from danger? And if chance or flight had not saved him, how often had they killed him, directing their artillery, without blame or prohibition, to the very place where they saw him stand? Have they not sequestered him, judged or unjudged, and converted his revenue to other uses, detaining from him, as a grand delinquent, all means of livelihood, so that for them long since he might have perished, or have starved? Have they not hunted and pursued him round about the kingdom with sword and fire? Have they not formerly denied to treat with him, and their now recanting ministers preached against him, as a reprobate incurable, an enemy to God and his church, marked for destruction, and therefore not to be treated with? Have they not besieged him, and to their power forbid him water and fire, save what they shot against him to the hazard of his life? Yet while they thus assaulted and endangered it with hostile deeds, they swore in words to defend it with his crown and dignity; not in order, as it seems now, to a firm and lasting peace, or to his repentance after all this blood; but simply, without regard, without remorse or any comparable value of all the miseries and calamities suffered by the poor people, or to suffer hereafter, through his obstinacy or impenitence.
No understanding man can be ignorant, that covenants are ever made according to the present state of persons and of things; and have ever the more general laws of nature and of reason included in them, though not expressed. If I make a voluntary covenant, as with a man to do him good, and he prove afterward a monster to me, I should conceive a disobligement. If I covenant, not to hurt an enemy, in favour of him and forbearance, and hope of his amendment, and he, after that, shall do me tenfold injury and mischief to what he had done when I so covenanted, and still be plotting what may tend to my destruction, I question not but that his Edition: current; Page: [389] after-actions release me; nor know I covenant so sacred, that withholds me from demanding justice on him. Howbeit, had not their distrust in a good cause, and the fast and loose of our prevaricating divines, overswayed, it had been doubtless better, not to have inserted in a covenant unnecessary obligations and words, not works of supererogating allegiance to their enemy; no way advantageous to themselves, had the king prevailed, as to their cost many would have felt; but full of snare and distraction to our friends, useful only, as we now find, to our adversaries, who under such a latitude and shelter of ambiguous interpretation have ever since been plotting and contriving new opportunities to trouble all again.
How much better had it been, and more becoming an undaunted virtue, to have declared openly and boldly whom and what power the people were to hold supreme, as on the like occasion protestants have done before, and many conscientious men now in these times have more than once besought the parliament to do, that they might go on upon a sure foundation, and not with a riddling covenant in their mouths, seeming to swear counter, almost in the same breath, allegiance and no allegiance; which doubtless had drawn off all the minds of sincere men from siding with them, had they not discerned their actions far more deposing him than their words upholding him; which words, made now the subject of cavillous interpretations, stood ever in the covenant, by judgment of the more discerning sort, an evidence of their fear, not of their fidelity. What should I return to speak on, of those attempts for which the king himself hath often charged the presbyterians of seeking his life, whenas in the due estimation of things they might without a fallacy be said to have done the deed outright? Who knows not, that the king is a name of dignity and office, not of person? Who therefore kills a king, must kill him while he is a king. Then they certainly, who by deposing him have long since taken from him the life of a king, his office and his dignity, they in the truest sense may be said to have killed the king: not only by their deposing and waging war against him, which, besides the danger to his personal life, set him in the farthest opposite point from any vital function of a king, but by their holding him in prison, vanquished and yielded into their absolute and despotic power, which brought him to the lowest degradement and incapacity of the regal name. I say not by whose matchless valour next under God, lest the story of their ingratitude thereupon carry me from the purpose in hand, which is to convince them, that they, which I repeat again, were the men who in the truest sense killed the king, not only as is proved before, but by depressing him their king far below the rank of a subject to the condition of a captive, without intention to restore him, as the chancellor of Scotland in a speech told him plainly at Newcastle, unless he granted fully all their demands, which they knew he never meant. Nor did they treat, or think of treating, with him, till their hatred to the army that delivered them, not their love or duty to the king, joined them secretly with men sentenced so oft for reprobates in their own mouths, by whose subtle inspiring they grew mad upon a most tardy and improper treaty. Whereas if the whole bent of their actions had not been against the king himself, but only against his evil counsellors, as they feigned, and published, wherefore did they not restore him all that while to the true life of a king, his office, crown, and dignity, when he was in their power, and they themselves his nearest counsellors? The truth therefore is, both that they would not, and that indeed they could not, without their own certain destruction, having reduced him to such a final pass, as was the very death and burial all in him that was regal, and from whence Edition: current; Page: [390] never king of England yet revived, but by the new reinforcement of his own party, which was a kind of resurrection to him.
Thus having quite extinguished all that could be in him of a king, and from a total privation clad him over, like another specifical thing, with forms and habitudes destructive to the former, they left in his person, dead as to law and all the civil right either of king or subject, the life only of a prisoner, a captive, and a malefactor; whom the equal and impartial hand of justice finding, was no more to spare than another ordinary man; not only made obnoxious to the doom of law by a charge more than once drawn up against him, and his own confession to the first article at Newport, but summoned and arraigned in the sight of God and his people, cursed and devoted to perdition worse than any Ahab, or Antiochus, with exhortation to curse all those in the name of God, that made not war against him, as bitterly as Meroz was to be cursed, that went not out against a Canaanitish king, almost in all the sermons, prayers, and fulminations that have been uttered this seven years by those cloven tongues of falsehood and dissension, who now, to the stirring up of new discord, acquit him; and against their own discipline, which they boast to be the throne and sceptre of Christ, absolve him, unconfound him, though unconverted, unrepentant, unsensible of all their precious saints and martyrs, whose blood they have so oft laid upon his head: and now again with a new sovereign anointment can wash it all off, as if it were as vile, and no more to be reckoned for than the blood of so many dogs in a time of pestilence; giving the most opprobrious lie to all the acted zeal, that for these many years hath filled their bellies, and fed them fat upon the foolish people. Ministers of sedition, not of the gospel, who, while they saw it manifestly tend to civil war and bloodshed, never ceased exasperating the people against him; and now, that they see it likely to breed new commotion, cease not to incite others against the people, that have saved them from him, as if sedition were their only aim, whether against him or for him.
But God, as we have cause to trust, will put other thoughts into the people, and turn them from giving ear or heed to these mercenary noisemakers, of whose fury and false prophecies we have enough experience; and from the murmurs of new discord will incline them to hearken, rather with erected minds, to the voice of our supreme magistracy, calling us to liberty, and the flourishing deeds of a reformed commonwealth; with this hope, that as God was heretofore angry with the Jews who rejected him and his form of government to choose a king, so that he will bless us, and be propitious to us, who reject a king to make him only our leader, and supreme governor, in the conformity as near as may be of his own ancient government; if we have at least but so much worth in us to entertain the sense of our future happiness, and the courage to receive what God vouchsafes us: wherein we have the honour to precede other nations, who are now labouring to be our followers. For as to this question in hand, what the people by their just right may do in change of government, or of governor, we see it cleared sufficiently; besides other ample authority, even from the mouths of princes themselves. And surely they that shall boast, as we do, to be a free nation, and not have in themselves the power to remove or to abolish any governor supreme, or subordinate, with the government itself upon urgent causes, may please their fancy with a ridiculous and painted freedom, fit to cozen babies; but are indeed under tyranny and servitude; as wanting that power, which is the root and source of all liberty, to dispose and economize in the land which God hath given them, as masters of family in their own house and free inheritance. Without which natural Edition: current; Page: [391] and essential power of a free nation, though bearing high their heads, they can in due esteem be thought no better than slaves and vassals born, in the tenure and occupation of another inheriting lord. Whose government, though not illegal, or intolerable, hangs over them as a lordly scourge, not as a free government; and therefore to be abrogated. How much more justly then may they fling off tyranny, or tyrants; who being once deposed can be no more than private men, as subject to the reach of justice and arraignment as any other transgressors? And certainly if men, not to speak of heathen, both wise and religious, have done justice upon tyrants what way they could soonest, how much more mild and humane then is it, to give them fair and open trial; to teach lawless kings, and all who so much adore them, that not mortal man, or his imperious will, but justice, is the only true sovereign and supreme majesty upon earth? Let men cease therefore, out of faction and hypocrisy, to make outcries and horrid things of things so just and honourable. ‘Though perhaps till now, no Protestant state or kingdom can be alleged to have openly put to death their king, which lately some have written, and imputed to their great glory; much mistaking the matter. It is not, neither ought to be, the glory of a Protestant state, never to have put their king to death; it is the glory of a Protestant king never to have deserved death.’ And if the parliament and military council do what they do without precedent, if it appear their duty, it argues the more wisdom, virtue, and magnanimity, that they know themselves able to be a precedent to others. Who perhaps in future ages, if they prove not too degenerate, will look up with honour, and aspire toward these exemplary and matchless deeds of their ancestors, as to the highest top of their civil glory and emulation. Which heretofore, in the pursuance of fame and foreign dominion, spent itself vaingloriously abroad; but henceforth may learn a better fortitude, to dare execute highest justice on them, that shall by force of arms endeavour the oppressing and bereaving of religion and their liberty at home: that no unbridled potentate or tyrant, but to his sorrow, for the future may presume such high and irresponsible license over mankind, to havoc and turn upside down whole kingdoms of men, as though they were no more in respect of his perverse will than a nation of pismires. As for the party called Presbyterian, of whom I believe very many to be good and faithful Christians, though misled by some of turbulent spirit, I wish them, earnestly and calmly, not to fall off from their first principles, nor to affect rigour and superiority over men not under them; not to compel unforcible things, in religion especially, which, if not voluntary, becomes a sin; not to assist the clamour and malicious drifts of men, whom they themselves have judged to be the worst of men, the obdurate enemies of God and his church: nor to dart against the actions of their brethren, for want of other argument, those wrested laws and scriptures thrown by prelates and malignants against their own sides, which, though they hurt not otherwise, yet taken up by them to the condemnation of their own doings, give scandal to all men, and discover in themselves either extreme passion or apostacy. Let them not oppose their best friends and associates, who molest them not at all, infringe not the least of their liberties, unless they call it their liberty to bind other men’s consciences, but are still seeking to live at peace with them and brotherly accord. Let them be ware an old and perfect enemy, who, though he hope by sowing discord to make them his instruments, yet cannot forbear a minute the open threatening of his destined revenge upon them, when they have served his purposes. Let them fear therefore, if they be wise, rather what they have done already, than what remains to do, and be warned in time they put no confidence in Edition: current; Page: [392] princes whom they have provoked, lest they be added to the examples of those that miserably have tasted the event. Stories can inform them how Christiern the II. king of Denmark, not much above a hundred years past, driven out by his subjects, and received again upon new oaths and conditions, broke through them all to his most bloody revenge; slaying his chief opposers, when he saw his time, both them and their children, invited to a feast for that purpose. How Maximilian dealt with those of Bruges, though by mediation of the German princes reconciled to them by solemn and public writings drawn and sealed. How the massacre at Paris was the effect of that credulous peace, which the French Protestants made with Charles the IX. their king: and that the main visible cause, which to this day hath saved the Netherlands from utter ruin, was their final not believing the perfidious cruelty, which as a constant maxim of state hath been used by the Spanish kings on their subjects that have taken arms, and after trusted them; as no latter age but can testify, heretofore in Belgia itself, and this very year in Naples. And to conclude with one past exception, though far more ancient, David, whose sanctified prudence might be alone sufficient, not to warrant us only, but to instruct us, when once he had taken arms, never after that trusted Saul, though with tears and much relenting he twice promised not to hurt him. These instances, few of many, might admonish them, both English and Scotch, not to let their own ends, and the driving on of a faction, betray them blindly into the snare of those enemies, whose revenge looks on them as the men who first begun, fomented, and carried on beyond the cure of any sound or safe accommodation, all the evil which hath since unavoidably befallen them and their king.
I have something also to the divines, though brief to what were needful; not to be disturbers of the civil affairs, being in hands better able and more belonging to manage them; but to study harder, and to attend the office of good pastors, knowing that he, whose flock is least among them, hath a dreadful charge, not performed by mounting twice into the chair with a formal preachment huddled up at the odd hours of a whole lazy week, but by incessant pains and watching in season and out of season, from house to house, over the souls of whom they have to feed. Which if they ever well considered, how little leisure would they find, to be the most pragmatical sidesmen of every popular tumult and sedition! And all this while are to learn what the true end and reason is of the gospel which they teach; and what a world it differs from the censorious and supercilious lording over conscience. It would be good also they lived so as might persuade the people they hated covetousness, which, worse than heresy, is idolatry; hated pluralities, and all kind of simony; left rambling from benefice to benefice, like ravenous wolves seeking where they may devour the biggest. Of which, if some, well and warmly seated from the beginning, be not guilty, it were good they held not conversation with such as are: let them be sorry, that, being called to assemble about reforming the church, they fell to progging and soliciting the parliament, though they had renounced the name of priests, for a new settling of their tithes and oblations; and double-lined themselves with spiritual places of commodity beyond the possible discharge of their duty. Let them assemble in consistory with their elders and deacons, according to ancient ecclesiastical rule, to the preserving of church discipline, each in his several charge, and not a pack of clergymen by themselves to belly-cheer in their presumptuous Sion, or to promote designs, abuse and gull the simple laity, and stir up tumult, as the prelates did, for the maintenance of their pride and avarice. These Edition: current; Page: [393] things if they observe, and wait with patience, no doubt but all things will go well without their importunities or exclamations: and the printed letters, which they send subscribed with the ostentation of great characters and little moment, would be more considerable than now they are. But if they be the ministers of mammon instead of Christ, and scandalize his church with the filthy love of gain, aspiring also to sit the closest and the heaviest of all tyrants upon the conscience, and fall notoriously into the same sins, whereof so lately and so loud they accused the prelates; as God rooted out those wicked ones immediately before, so will he root out them their imitators: and to vindicate his own glory and religion, will uncover their hypocrisy to the open world; and visit upon their own heads that “curse ye Meroz,” the very motto of their pulpits, wherewith so frequently, not as Meroz, but more like atheists, they have blasphemed the vengeance of God, and traduced the zeal of his people.
*‘And that they be not what they go for, true ministers of the protestant doctrine, taught by those abroad, famous and religious men, who first reformed the church, or by those no less zealous, who withstood corruption and the bishops here at home, branded with the name of puritans and nonconformists, we shall abound with testimonies to make appear: that men may yet more fully know the difference between Protestant divines, and these pulpit-firebrands.
‘Luther. Lib. contra rusticos apud Sleidan. l. 5.
‘Is est hodie rerum status, &c. “Such is the state of things at this day, that men neither can, nor will, nor indeed ought to endure longer the domination of you princes.”
‘Neque vero Cæsarem, &c. “Neither is Cæsar to make war as head of Christendom, protector of the church, defender of the faith; these titles being false and windy, and most kings being the greatest enemies to religion.” Lib. de Bello contra Turcas, apud Sleid. l. 14. What hinders then, but that we may depose or punish them?
‘These also are recited by Cochlæus in his Miscellanies to be the words of Luther, or some other eminent divine, then in Germany, when the protestants there entered into solemn covenant at Smalcaldia. Ut ora iis obturem, &c. “That I may stop their mouths, the pope and emperor are not born, but elected, and may also be deposed as hath been often done.” If Luther, or whoever else, thought so, he could not stay there; for the right of birth or succession can be no privilege in nature, to let a tyrant sit irremovable over a nation freeborn, without transforming that nation from the nature and condition of men born free, into natural, hereditary, and successive slaves. Therefore he saith further; “To displace and throw down this exactor, this Phalaris, this Nero, is a work pleasing to God;” namely, for being such a one: which is a moral reason. Shall then so slight a consideration as his hap to be not elective simply, but by birth, which was a mere accident, overthrow that which is moral, and make unpleasing to God that which otherwise had so well pleased him? Certainly not: for if the matter be rightly argued, election, much rather than chance, binds a man to content himself with what he suffers by his own bad election. Though indeed neither the one nor other binds any man, much less any people, to a necessary sufferance of those wrongs and evils, which they have ability and strength enough given them to remove.
Edition: current; Page: [394]‘Zwinglius, tom. 1, articul. 42.
Quando vero perfidè, &c. “When kings reign perfidiously, and against the rule of Christ, they may according to the word of God be deposed.”
‘Mihi ergo compertum non est, &c. “I know not how it comes to pass, that kings reign by succession, unless it be with consent of the whole people.” Ibid.
“Quum vero consensu, &c. “But when by suffrage and consent of the whole people, or the better part of them, a tyrant is deposed or put to death, God is the chief leader in that action.” Ibid.
‘Nunc cum tam tepidi sumus, &c. “Now that we are so lukewarm in upholding public justice, we endure the vices of tyrants to reign now-a-days with impunity; justly therefore by them we are trod underfoot, and shall at length with them be punished. Yet ways are not wanting by which tyrants may be removed, but there wants public justice.” Ibid.
‘Cavete vobis ô tyranni. “Beware, ye tyrants! for now the gospel of Jesus Christ, spreading far and wide will renew the lives of many to love innocence and justice; which if ye also shall do, ye shall be honoured. But if ye shall go on to rage and do violence, ye shall be trampled on by all men.” Ibid.
“Romanum imperium imô quodque, &c. “When the Roman empire, or any other, shall begin to oppress religion, and we negligently suffer it, we are as much guilty of religion so violated, as the oppressors themselves.” Idem, Epist. ad Conrad. Somium.
‘Calvin on Daniel, c. iv. v. 25.
‘Hodie monarchæ semper in suis titulis, &c. “Now-a-days monarchs pretend always in their titles, to be kings by the grace of God: but how many of them to this end only pretend it, that they may reign without control! for to what purpose is the grace of God mentioned in the title of kings, but that they may acknowledge no superior? In the mean while God, whose name they use to support themselves, they willingly would tread under their feet. It is therefore a mere cheat, when they boast to reign by the grace of God.”
‘Abdicant se terreni principes, &c. “Earthly princes depose themselves, while they rise against God; yea they are unworthy to be numbered among men: rather it behoves us to spit upon their heads, than to obey them.” On Dan. c. vi. v. 22.
‘Bucer on Matth. c. v.
‘Si princeps superior, &c. “If a sovereign prince endeavour by arms to defend transgressors, to subvert those things which are taught in the word of God, they, who are in authority under him, ought first to dissuade him; if they prevail not, and that he now bears himself not as a prince but as an enemy, and seeks to violate privileges and rights granted to inferior magistrates, or commonalties, it is the part of pious magistrates, imploring first the assistance of God, rather to try all ways and means, than to betray the flock of Christ to such an enemy of God: for they also are to this end ordained, that they may defend the people of God, and maintain those things which are good and just. For to have supreme power lessens not the evil committed by that power, but makes it the less tolerable, by how much the more generally hurtful. Then certainly the less tolerable, the more unpardonably to be punished.”
‘Of Peter Martyr we have spoken before.
‘Paræus in Rom. xiii.
‘Quorum est constituere magistratus, &c. “They whose part is to set up magistrates, may restrain them also from outrageous deeds, or pull them down; but all magistrates are set up either by parliament or by electors, or by other magistrates; they, therefore, who exalted them may lawfully degrade and punish them.”
‘Of the Scots divines I need not mention others than the famousest among them, Knox, and his fellow-labourers in the reformation of Scotland; whose large treatise on this subject defends the same opinion. To cite them sufficiently, were to insert their whole books, written purposely on this argument. “Knox’s Appeal;” and to the reader; where he promises in a postscript, that the book which he intended to set forth, called, “The Second Blast of the Trumpet,” should maintain more at large, that the same men most justly may depose and punish him whom unadvisedly they have elected, notwithstanding birth, succession, or any oath of allegiance. Among our own divines, Cartwright and Fenner, two of the learnedest, may in reason satisfy us what was held by the rest. Fenner in his book of Theology maintaining, that they who have power, that is to say, a parliament, may either by fair means or by force depose a tyrant, whom he defines to be him, that wilfully breaks all or the principal conditions made between him and the commonwealth. Fen. Sac. Theolog. c. 13. And Cartwright in a prefixed epistle testifies his approbation of the whole book.
‘Gilby de Obedientiâ, p. 25 and 105.
“Kings have their authority of the people, who may upon occasion reassume it to themselves.”
‘England’s Complaint against the Canons.
“The people may kill wicked princes as monsters and cruel beasts.”
‘Christopher Goodman of Obedience.
“When kings or rulers become blasphemers of God, oppressors and murderers of their subjects, they ought no more to be accounted kings or lawful magistrates, but as private men to be examined, accused, and condemned and punished by the law of God; and being convicted and punished by that law, it is not man’s but God’s doing.” C. x. p. 139.
“By the civil laws, a fool or idiot born, and so proved, shall lose the lands and inheritance whereto he is born, because he is not able to use them aright: and especially ought in no case be suffered to have the government of a whole nation; but there is no such evil can come to the commonwealth by fools and idiots, as doth by the rage and fury of ungodly rulers; such, therefore, being without God, ought to have no authority over God’s people, who by his word requireth the contrary.” C. xi. p. 143, 144.
“No person is exempt by any law of God from this punishment: be he king, queen, or emperor, he must die the death; for God hath not placed them above others to transgress his laws as they list, but to be subject to them as well as others; and if they be subject to his laws, then to the punishment also, so much the more as their example is more dangerous.” C. xiii. p. 184.
“When magistrates cease to do their duty, the people are as it were without magistrates, yea, worse, and then God giveth the sword into the people’s hand, and he himself is become immediately their head.” P. 185.
“If princes do right, and keep promise with you, then do you owe to Edition: current; Page: [396] them all humble obedience; if not, ye are discharged, and your study ought to be in this case how ye may depose and punish according to the law such rebels against God, and oppressors of their country.” P. 190.
‘This Goodman was a minister of the English church at Geneva, as Dudley Fenner was at Middleburgh, or some other place in that country. These were the pastors of those saints and confessors, who, flying from the bloody persecution of Queen Mary, gathered up at length their scattered members into many congregations; whereof some in upper, some in lower Germany, part of them settled at Geneva; where this author having preached on this subject to the great liking of certain learned and godly men who heard him, was by them sundry times and with much instance required to write more fully on that point. Who thereupon took it in hand, and conferring with the best learned in those parts, (among whom Calvin was then living in the same city,) with their special approbation he published this treatise, aiming principally, as is testified by Whittingham in the preface, that his brethren of England, the protestants, might be persuaded in the truth of that doctrine concerning obedience to magistrates. Whittingham in Prefat.
‘These were the true protestant divines of England, our fathers in the faith we hold; this was their sense, who for so many years labouring under prelacy through all storms and persecutions kept religion from extinguishing; and delivered it pure to us, till there arose a covetous and ambitious generation of divines, (for divines they call themselves!) who, feigning on a sudden to be new converts and proselytes from episcopacy, under which they had long temporised, opened their mouths at length, in show against pluralties and prelacy, but with intent to swallow them down both; gorging themselves like harpies on those simonious places and preferments of their outed predecessors, as the quarry for which they hunted, not to plurality only but to multiplicity; for possessing which they had accused them their brethren, and aspiring under another title to the same authority and usurpation over the consciences of all men.
‘Of this faction, diverse reverend and learned divines (as they are styled in the philactery of their own title-page) pleading the lawfulness of defensive arms against the king, in a treatise called “Scripture and Reason,” seem in words to disclaim utterly the deposing of a king; but both the Scripture, and the reasons which they use, draw consequences after them, which, without their bidding, conclude it lawful. For if by Scripture, and by that especially to the Romans, which they most insist upon, kings, doing that which is contrary to Saint Paul’s definition of a magistrate, may be resisted, they may altogether with as much force of consequence be deposed or punished. And if by reason the unjust authority of kings “may be forfeited in part, and his power be reassumed in part, either by the parliament or people, for the case in hazard and the present necessity,” as they affirm, p. 34, there can no scripture be alleged, no imaginable reason given, that necessity continuing, as it may always, and they in all prudence and their duty may take upon them to foresee it, why in such a case they may not finally amerce him with the loss of his kingdom, of whose amendment they have no hope. And if one wicked action persisted in against religion, laws, and liberties, may warrant us to thus much in part, why may not forty times as many tyrannies by him committed, warrant us to proceed on restraining him, till the restraint become total? For the ways of justice are exactest proportion; if for one trespass of a king it require so much remedy or satisfaction, then for twenty more as heinous crimes, it requires of him twenty-fold; and so proportionably, till it come to what is Edition: current; Page: [397] utmost among men. If in these proceedings against their king they may not finish, by the usual course of justice, what they have begun, they could not lawfully begin at all. For this golden rule of justice and morality, as well as of arithmetic, out of three terms which they admit, will as certainly and unavoidably bring out the fourth, as any problem that ever Euclid or Apollonius made good by demonstration.
‘And if the parliament, being undeposable but by themselves, as is affirmed, p. 37, 38, might for his whole life, if they saw cause, take all power, authority, and the sword out of his hand, which in effect is to unmagistrate him, why might they not, being then themselves the sole magistrates in force, proceed to punish him, who, being lawfully deprived of all things that define a magistrate, can be now no magistrate to be degraded lower, but an offender to be punished.
Lastly, whom they may defy, and meet in battle, why may they not as well prosecute by justice? For lawful war is but the execution of justice against them who refuse law. Among whom if it be lawful (as they deny not, p. 19, 20,) to slay the king himself coming in front at his own peril, wherefore may not justice do that intendedly, which the chance of a defensive war might without blame have done casually, nay purposely, if there it find him among the rest? They ask, p. 19, “By what rule of conscience or God, a state is bound to sacrifice religion, laws, and liberties, rather than a prince defending such as subvert them, should come in hazard of his life.” And I ask by what conscience, or divinity, or law, or reason, a state is bound to leave all these sacred concernments under a perpetual hazard and extremity of danger, rather than cut off a wicked prince, who sits plodding day and night to subvert them. They tell us, that the law of nature justifies any man to defend himself, even against the king in person: let them show us then, why the same law may not justify much more a state or whole people, to do justice upon him, against whom each private man may lawfully defend himself; seeing all kind of justice done is a defence to good men, as well as a punishment to bad; and justice done upon a tyrant is no more but the necessary self-defence of a whole commonwealth. To war upon a king, that his instruments may be brought to condign punishment, and thereafter to punish them the instruments, and not to spare only, but to defend and honour him the author, is the strangest piece of justice to be called Christian, and the strangest piece of reason to be called human, that by men of reverence and learning, as their style imports them, ever yet was vented. They maintain in the third and fourth section that a judge or inferior magistrate is anointed of God, is his minister, hath the sword in his hand, is to be obeyed by St. Peter’s rule, as well as the supreme, and without difference any where expressed: and yet will have us fight against the supreme till he remove and punish the inferior magistrate (for such were greatest delinquents); whenas by Scripture, and by reason, there can no more authority be shown to resist the one than the other; and altogether as much, to punish or depose the supreme himself, as to make war upon him, till he punish or deliver up his inferior magistrates, whom in the same terms we are commanded to obey, and not to resist. Thus while they, in a cautious line or two here and there stuffed in, are only verbal against the pulling down or punishing of tyrants, all the Scripture and the reason, which they bring, is in every leaf direct and rational, to infer it altogether as lawful, as to resist them. And yet in all their sermons, as hath by others been well noted, they went much further. For divines, if we observe them, have their postures, and their motions no less expertly, and with no less variety, than they that practice feats in the artillery-ground. Sometimes they seem Edition: current; Page: [398] furiously to march on, and presently march counter; by-and-by they stand, and then retreat; or if need be can face about, or wheel in a whole body, with that cunning and dexterity, as is almost unperceivable; to wind themselves by shifting ground into places of more advantage. And providence only must be the drum, providence the word of command, that calls them from above, but always to some larger benefice, or acts them into such or such figures and promotions. At their turns and doublings no men readier, to the right, or to the left; for it is their turns which they serve chiefly; herein only singular, that with them there is no certain hand right or left, but as their own commodity thinks best to call it. But if there come a truth to be defended, which to them and their interest of this world seems not so profitable, straight these nimble motionists can find no even legs to stand upon; and are no more of use to reformation thoroughly performed, and not superficially, or to the advancement of truth, (which among mortal men is always in her progress,) than if on a sudden they were struck maim and crippled. Which the better to conceal, or the more to countenance by a general conformity to their own limping, they would have Scripture, they would have reason also made to halt with them for company; and would put us off with impotent conclusions, lame and shorter than the premises. In this posture they seem to stand with great zeal and confidence on the wall of Sion; but like Jebusites, not like Israelites, or Levites: blind also as well as lame, they discern not David from Adoni-bezec: but cry him up for the Lord’s anointed, whose thumbs and great toes not long before they had cut off upon their pulpit cushions. Therefore he who is our only king, the root of David, and whose kingdom is eternal righteousness, with all those that war under him, whose happiness and final hopes are laid up in that only just and rightful kingdom, (which we pray incessantly may come soon, and in so praying wish hasty ruin and destruction to all tyrants,) even he our immortal King, and all that love him, must of necessity have in abomination these blind and lame defenders of Jerusalem; as the soul of David hated them, and forbid them entrance into God’s house, and his own. But as to those before them, which I cited first (and with an easy search, for many more might be added) as they there stand, without more in number, being the best and chief of protestant divines, we may follow them for faithful guides, and without doubting may receive them, as witnesses abundant of what we here affirm concerning tyrants. And indeed I find it generally the clear and positive determination of them all, (not prelatical, or of this late faction sub-prelatical,) who have written on this argument; that to do justice on a lawless king, is to a private man unlawful; to an inferior magistrate lawful: or if they were divided in opinion, yet greater than these here alleged, or of more authority in the church, there can be none produced. If any one shall go about by bringing other testimonies to disable these, or by bringing these against themselves in other cited passages of their books, he will not only fail to make good that false and impudent assertion of those mutinous ministers, that the deposing and punishing of a king or tyrant “is against the constant judgment of all protestant divines,” it being quite the contrary; but will prove rather what perhaps he intended not, that the judgment of divines, if it be so various and inconstant to itself, is not considerable, or to be esteemed at all. Ere which be yielded, as I hope it never will, these ignorant asserters in their own art will have proved themselves more and more, not to be protestant divines, whose constant judgment in this point they have so audaciously belied, but rather to be a pack of hungry church-wolves, who, in the steps of Simon Magus their father, following the hot scent of double livings and pluralities, advowsons, donatives, inductions, Edition: current; Page: [399] and augmentations, though uncalled to the flock of Christ, but by the mere suggestion of their bellies, like those priests of Bel, whose pranks Daniel found out; have got possession, or rather seized upon the pulpit, as the strong hold and fortress of their sedition and rebellion against the civil magistrate. Whose friendly and victorious hands having rescued them from the bishops their insulting lords, fed them plenteously, both in public and in private, raised them to be high and rich of poor and base; only suffered not their covetousness and fierce ambition (which as the pit that sent out their fellow-locusts hath been ever bottomless and boundless) to interpose in all things, and over all persons, their impetuous ignorance and importunity.
T.180 (9.37) John Warr, The Priviledges of the People, or Principles of Common Right and Freedome (5 February, 1649).↩
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Bibliographical Information
ID NumberT.180 [1649.02.05] (9.37) John Warr, The Priviledges of the People, or Principles of Common Right and Freedome (5 February, 1649).
Full titleJohn Warr, The Priviledges of the People, or Principles of Common Right and Freedome asserted, briefely laid open and asserted in two Chapters.
I. Containing the distinct Interests of King, Parliament and People; consisting
in Prerogative, Priviledge and Liberty (as they have formerly obtained in this
Nation.)
II. Discovering the Peoples Right in Choice, Change, or Regulation of Governments
or Governours: Together with the Originall of Kingly Power, and other Formes
of Government.
Propounded to the Consideration, and published for the benefit of the PEOPLE
of ENGLAND. By Jo. Warr.
Tacit. Principatus & Libertas res olim dissociabiles.
LONDON, Printed by G. Dawson for Giles Calvert at the signe of the black spread Eagle at the west end of Pauls. 1649.
Estimated date of publication5 February, 1649.
Thomason Tracts Catalog informationTT1, p. 721; Thomason E. 541. (12.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
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CHAP. I.
Discovering the distinct Interests of King, Parliament, and People.
THe Interest of the King having advanced it self into a Principle of Distinction, Seperation, and Superiority above the Interest of the People, is called Prerogative or Kingly greatnes; which is a Tuber or exuberance growing out from the stock of the Common wealth, partly through the weaknes and indulgence of People to their Kings and Rulers, (which hath been most eminent in the English Nation) and partly through the ambition and lust of Princes themselves, who not considering their greatnesse as in a principle of union with the People, in a way of tendencie and subserviencie to the Peoples good, have heightned themselves beyond their due bounds, and framed a distinct Interest of their own, pretendedly Supream? To advance this Interest, Kings and Princes have politiques, and Principles of their own, and certain State-maxims, whereby they soare aloft, and walk in a distinct way of opposition to the Rights and Freedomes of the People; all which you may see in Machiavils Prince.
Hence it is that Kings have been always jealous of the people, and have held forth their own Interest, as a Mystery or Riddle, not to be pried into by ordinary understandings: And the Proselytes of this corrupt and tyrannous Interest have alwayes served it up, as a Sacred thing, a thing as much above our reach, as it is truly and indeed against our Freedomes.
So that Ignorance being the Mother and Nurse of Bondage, such Principles have been watchfully observed, as have ushered in any Light, or discovery of the corruptnesse of the Prerogative Interest; hence is it that the Expositions of Pareus upon Rom. 13. were censured and condemned by the Court Party, as giving too much Liberty to Subjects, to resist their Kings: and the Genevah notes upon Exod. 1. v. 17. were disliked by King James, because they countenanced the Midwives disobedience to the King; not, but that the thing commanded was unlawfull, but it was interpreted to open too great a gap to the ruine of this Interest, of which wee now speak.
And yet some have not been wanting, who in times of greatest hazard have adventured their own Freedomes as a Sacrifice to the Publike; and have made forth discoveries of the corruption & rottenes of this oppressive Prerogative Interest, upon conscientious grounds of Publike Freedome. Though this hath been censured by the Potencie of that Interest which it did oppose, as an offence no lesse then piacular; And their Persons loaded with calumnies of all sorts, as being a faction or Party of Levellers, as King James cals some in his Star-chamber Speech.
And though we may possibly suppose that the corruption of this Interest, may be in some measure discovered to those that use it, and that Kings themselves may suck in some principles of common Right and Freedome; some glimmerings whereof, seem to sparkle in the writings of King James, yet their judgements are so over clouded by their Interests, that they doe not onely blinde themselves, but hoodwink others, and all to establish that, which God himself purposes to destroy and overthrow.
For when Principles of light and knowledge shall be advanced amongst men, they shall then scorn to be subject to the corrupt Wils and Lusts of others: they shall know no Policie, but integritie and honestie; False interests shall tumble down truth and righteousnesse take place, and Prerogative be worried, as an Enemy to Freedome.
And if this were made out to Princes themselves, they would not onely prophane their own mysteries, and make them common, but sacrifice their greatnesse to the light of Truth, (which hath so often sacrificed Truth to it self) and study which way to advance the Peoples Interest, though in opposition to their own. And if this self-denying spirit were in them, and the power of Truth, the rough way of worldly force and spoile would be prevented, and the work rendered more easie to themselves and others.
IF the voice of Common Right or Freedome could be heard amongst Men, the world would not be so deeply engaged in factions, and distinct Parties, as they are; but this is the misery, The mindes of men being prejudiced with corrupt Interests of one sort or other, and pertinaciously adhearing to them, doe contribute their utmost assistance to maintain them, partly through the inbred corruption within men, and partly through those provocations which (in the heat of contest) they meet with, from Interests which are at variance with their own (for even truth itself will justle its adversarie in a narrow passe) Hence it is that some are said to be for the King, some for the Parliament, some for the Army.
But is Truth divided? Is there not one common principle of Freedome, which (if discovered) would reconcile all; Tis true this Principle may be weakly and imperfectly managed by the Children thereof, but the miscarriage (whether reall or supposed) is not to be charged upon the Principle it self; And yet this is the practise of corrupt men, who take advantage from common frailties in the prosecution of just things, to cry down the things Themselves, and so to strengthen their adhesion to their own Interests, though never so corrupt.
The purest civill interest, is the Peoples Freedome, which may be crushed by Priviledge as well as Prerogative; For Prerogative and Priviledge (in its usuall acceptation) are neer of kin; and it is possible for a Societie to exercise Tyrannie as well as a single Person. What hath been spoken of Prerogative, may be affirmed of Priviledge, the Impe thereof; For Man being naturally of an aspiring temper, mannages all advantages to set up himself, and to this the Peoples election is a faire temptation, and though the gentlenesse of the phrase doth ward the Parliament, To serve for their Country, yet tis sometimes in the same kinde of oratory, as the Pope is the servant of the Church, whilest he exerciseth rule and domination over it.
Priviledge hath formed it self into a distinct Interest, as well as Prerogative, and hath forgot its originall and fire, thinks it self compleat without superior or equall: Thus hath it broke off it self, from its stock, and like a succour draws nourishment away from the true branches; so that, where Prerogative and Priviledge are in a thriving posture, the Freedomes of that People are underlings and leane as being crop’d on both sides.
When things doe continue in their proper place and order, they stand in God, and are usefull to those ends for which he hath appointed them; but when they warpe, they turn aside from God; and when they leave their station, and would be of themselves (as Lucifer) they fall down into Hell and a condition of darknesse; The way to advance Priviledge is to keep it within its due bounds.
Tis true, somethings doe naturally ascend, but tis to their own place and Center, and when they are there, they are cloathed with Majestie and glory. Every thing is beautifull in its place and season: There is a beauty in Priviledge (thus considered) as well as in Libertie.
To ascend beyond due and measured bounds, is no way honourable but monstrous, as if the Feet should grow out of the Thighs, or the Hands upon top of the Head; this is a disorder and confusion, and thus Pride is the wombe of darknesse, which may be verified in Priviledge as well as Prerogative.
Tis true, Priviledge hath a stronger plea, as being founded upon Election and Consent, but this will not justifie the Abuse thereof: for when Priviledge soares high, the people sometimes follow it, either through ignorance of its Nature or bounds, or else that they may not lose the benefit of that, which is truly so called, and is usefull in its place. For as Water ascends for the continuation of it selfe, so the interest between Parliament and people, must not bee discontinued. And yet this motion on the peoples part is violent, not naturall: for Liberty should not ascend to Priviledge, but Previledge should stoop downe to Liberty, as its Center and Rest.
Priviledges may sometimes mount so high, that Liberty cannot onely not follow, but is endangered by it. In this case Priviledge discontinues it selfe, and Liberty casts off homage and subjection thereto, such Priviledge is to be lop’d off as a burden to Freedome.
True priviledge of Parliament is this, in a principle of Union with the peoples Right, an Immunity and Freedome to mind just things, and to prosecute impartiall grounds of righteousnesse and Truth, other priviledges may be pared away, as bearing no proportion with their End, but this shall continue as subservient unto Freedome.
IN every Common-wealth the Interest of the People is the True and Proper-Interest of that Common-wealth; other Interests have advanced themselves, pretendedly to exalt This, and yet being once gotten into the Throne of Rule, they labour nothing lesse, or rather indeed they bend their utmost endeavour to overthrow It.
Prerogative and Priviledge Interests, (as formerly explained in their corrupt notions) are altogether inconsistent with True Freedome: Hence it is that there is an irreconcileable contest between Them, which will never cease, till either Prerogative and Priviledge be swallowed up in Freedome, or Liberty it selfe be led caprive by Prerogative. He which hath the worst Cause may sometimes have the best Successe, (for Time and Chance happens to all) and thus Liberty may be worsted by Priviledge, as having lesse specious advantages in the Flesh. For true Freedome is in the Mind, and its Proselytes are but few. Most men give up themselves to the Idoll-Interests of Prerogative and Priviledge, as being more taking with flesh and blood.
And when Liberty is once put to the rout, it is not easie to rally again, or to redeem it selfe, for the darkest Dungeon is its Prison, ’tis chained with oathes and servile bonds, yea and the strong bolts of human Lawes doe keep it in subjection. Thus are all things made sure, with a Grave-stone, a Seale, and a Watch, and oppression rides in triumph upon the backes of the people.
All imaginary gaps for the re-entrance of Freedome, being thus stop’d up, it were impossible for it to arise from the dead, or to recover its true and proper state, if God himselfe did not appeare, and laugh the counsels of men to scorn, yea and open the Iron gates, and knock off the bolts, and lead forth Freedome to open view, as the Angel did Peter.
In this designe God co-operates with Man, and makes him instrumentall in the work, by clearing his principles, and stirring up his spirit. There are some sparkes of Freedome in the mindes of most, which ordinarily lye deep, and are covered in the Darke, as a spark in the ashes. This spark is the image of God in the mind, which is indeed the Man, (for the divine Image makes the Man.) This Man is hid in most persons, onely the Tyrant, the Beast, or the slavish principle appeares, and the whole bulk is hurried about by the motion of that principle, and the Man within us swimmes with the stream.
But God favours all weak things, and hath a speciall regard to tender ones, when under darknesse and oppression. And in order hereunto he layes the Axe to the root of the Tree, and strengthens our weake principle, he layes the foundation of Freedome within us, and so proceeds to blow up the fire, till the roome be too hot for unrighteousnesse and wrong.
Thus Tyranny being driven out of the Spirit, or Mind (its surest hold, its Metropolis, or Citie of Refuge) ’tis hunted too and fro like a beast of pray. Neither is this a rare thing, but according to the usuall proceedings of God in the World, who spoyles the Spoyler, and punishes oppression in Methodes of its owne, that Men may see and admire his Greatnesse and Power.
Be wise now therefore, O yee Kings, be instructed O yee Iudges of the earth. Most of your designes are founded upon Selfe, and are against the Lord. You establish your selves and your own greatnesse; your hands are against every one, and every ones hands against you, you have led Liberty captive. ’Tis the voyce of God to you, Let my oppressed goe free. Some of you have allowed a Mock-freedom to Liberty, your prisoner, when you could keep it close no longer, you have sent it abroad, but with prison garments, some badges of Slavery have remained upon it; no portion of Freedome hath been wrung from you, but through exigence or necessity. Thus have you demeaned your selves, as if the people had been made for you, not you for the people. For these things doth God arise, and the day of your visitation is come.
For why? ’Tis not possible for a people to be too free. True Liberty hath a cleare light Principle or Rule, and a large compasse, a spacious walk, ’tis not limited or circumscribed, but by the bounds of righteousnesse. Liberty is the daughter of Truth and Righteousnesse, and hath Light within it, as the Sun, other lights are borrowed from it. Tyranny is as a Clog, or an Eclipse to Freedome. God sees good that Liberty should recover but by degrees, that so the world may be ballanced with light and knowledge, according to the advance thereof, and be more considerate in her actings. The deeper the Foundation, the surer the Work, Liberty in its full appearance would darken the eye newly recovered from blindnesse, the principles thereof are infused to us by degrees, that our heads may be strengthened (not overturned) by its Influence.
Of the Peoples Right in the Choyce, Change, or Regulation of Government, together with the originall of Kingly Power, and other Formes of Government.
ALL Governments being fundamentally (as to Man) seated in the People, which Maxime is sufficiently spoken to of late. The inhabitants of severall Countries, for the equall distribution of Justice to the whole, have voluntarily submitted to severall Administrations and Formes of Government, either under one or many Rulers: so that Election, or Consent (setting aside Titles by Conquest) are the proper source and Fountain of all Just Governments. Hence it is that the power of Rulers is but Ministeriall, and in order to the peoples good, which hath given occasion to that known Maxime, That the safty of the people is the supream Law.
From hence wee may see the Reason, why some Governments are more or lesse Free, viz. according to the prudence or neglect of Auncestors in bargaining with the Princes, and setting limits to their Power. Some have (as it were) given up themselves to the Wils of their Princes, and out of confidence of their integritie have left them to themselves, not considering, that just men are liable to temptations, when they are in place and power; which if it were possible for them to avoid, yet Justice is not hereditary, nor goes by discent. Some Nations having been pinched with this inconvenience, have afterwards set Bounds and Lawes to their Rulers, according as Tully doth excellently describe it. Lib. 2. de offic. Eadem constituendarum legum fuit causa, quæ Regum, Jus enim semper quesitum est aquabile, neque aliter esset Jus, id si ab uno just, & bono viro consequebantur, eo comenti, cum id minus contingeret, Leges sunt inventæ, quæ cum omnibus temper una & eadem voce loquerentur.
There is the same reason for Laws, as there was for Kings, for People have alwayes sought after Right, or an equall, distribution of things, which if they did obtain from one just and good man, they were content therewith; but when they failed thereof, Laws were found out, which spake one and the same thing to all men.
Those Nations which have been most strict in prescribing such Rules, are most Free, unlesse in processe of time, through the oscitancie of the people, Princes have trampled upon their bounds, and made them common; and in this case, as good none at all, as not observed.
Though then Governments have been diversifyed according to the different tempers and apprehensions of their Founders, the People; yet the Rise of them all, is One and the same: so that what Tully affirmes of the originall of Monarchy, or Kingly Government, may be said of all the rest, his words are these, lib. 2. de Offic. Apud majores nostros fruenda justitiæ causa videntur olim bene morati Reges constituti: nam cum premerentur olim multitudo ab iis qui majores opes habebant, ad unum aliquem confugiebant virtutem præstantem, qui cum prohiberet injuria tenuiores acquitate constituenda, summos cum inimis pari jure retinebat. The effect of which in English is this, Our Ancestors first appointed Kings for the administration of justice: For when the multitude was oppressed by great and mighty men, they presently addressed themselves to some one eminent and vertuous man, who defended the poore from wrong, and kept both poor and rich within the bounds of Equity. An instance of this kinde wee have in Herods Clio, where the Medes revolting from the Assyrians, chose one Deioces for their King, a man of supposed strictnesse and Equity in preventing disorders and abuses amongst them. But this remedy in time proved as bad as the disease so that people were enforced to seek protection under severall Rulers, which they missed under One. Hence it came to passe that the Romans banished their King and his Government together, and submitted themselves to another Forme.
But at first they which subject themselves to the government of One, may by the same reason submit to many, which is Aristocracie, or may alter their government from one Form to another: For they that choose may change, provided it bee upon just and valuable grounds. Famous was the dispute had before Octavius Cæsar by two of his Favourites and Councellors, about continuance or change of Monarchy, of which you may read in Dion. lib. 52. The story is this, When Octavius Cæsar had by the Armes and successes of his predecessors and his own, reduced the world to peace, and made a compleat conquest of the great known part thereof, hee tooke counsell with Agrippa and Mecænas, two of his intimate friends, whether he should maintaine the Empire and Monarchy in his own hands, or resigne it to the Senate and people of Rome; Agrippa makes an eloquent Oration against Monarchy, perswading him to surrender up the Government into the hands of the Senate. On the other side, Mecænas perswades the contrary, and pleads for Monarchy, whose counsell was followed by Cæsar, yet so, as that Agrippa was still honorably entertained and respected by him. From which Story we may observe two things.
1. That Anti-monarchicalnes is no crime at all, but a difference in judgement about an Externall Forme of Civill government: Yea great Statesmen (such as Agrippa) have given in their judgements freely against Monarchical government, as Agrippa here did.
2. That to perswade and endeavour the alteration of Governments from one form to another, hath been the subject of the discourse and action of wisemen, as we see here in Agrippa.
And though there may be a beauty in Monarchy, (duely circumscribed) as well as in other forms of Government, yet such cases may sometimes fall out, when Reason and Judgement may not onely call for, but enforce a change; A provocation it must be of grand and fundamentall importance, which if it cannot be otherwise or not so conveniently redressed, may undergoe this kinde of cure; which in cases of extremity hath been practised by Nations.
Smaller inconveniencies may be redressed without the abolition of a form, viz. by prescribing limits to those Rulers, who have abused their Power, which under pain of guilt they may not exceed; For the whole body of the People is above their Ruler, whether one or more.
Not to spend much time herein, I shal conclude this with the argument of the Bishop of Burgen in the Councel of Basil (which was in the reign of our Henry the 6th) where disputing against the authority of the Pope above Councels, he urgeth this argument, that as Kingdoms are and ought to be above Kings, so is a Councel above a Pope. So that former ages have had some light, as touching the Office and duty of a chiefe Ruler or King and would have been able to descry the flattery of those, who ascribe so much Majestie and Sacrednesse either to Man, or Men.
For are not Rulers themselves under a Law? are they not accountable for what they do? Are they not subject to frailties like other men? Are we not all derived from one common Stock? Is not every man born free? when wee ascribe so much to Man, wee detract from the praise and glory of God.
True Majesty is in the spirit and consists in the Divine Image of God in the minde, which the Princes of the World comming short off, have supplyed its defect with outward badges of Fleshly honour; which are but Empty shews and carnall appearances, when void of the substance.
But as weake as they are, they have dazled our eyes, through the darknesse which is in us, when we our selves shall be raised up to an inward glory, we shall then be able to judge of that Majesty and Glory, which rests upon another.
FINIS.
T.181 (9.38) John Canne, The Golden Rule, or Justice Advanced (16 February, 1649).↩
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ID NumberT.181 [1649.02.16] (9.38) John Canne, The Golden Rule, or Justice Advanced (16 February, 1649).
Full titleJohn Canne, The Golden Rule, or Justice Advanced, wherein is shewed that the Commons assembled in Parliament have a lawfull power to arraign the King for Tyranny, Treason and other misdemeanors. By John Canne.
Printed for Peter Cole.
16 February, 1649.
Thomason Tracts Catalog informationTT1, p. 724; Thomason E. 543. (6.)
Editor’s Introduction
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Text of Pamphlet
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To the Right Honorable The COMMONS of ENGLAND: And His Excellency, the LORD FAIRFAX, Lord General of all the Forces raised in ENGLAND, by authority of Parliament: And His General Councel of War.
IT is well spoken by Philip King of Macedon, that the reproaches and injuries of the Athenian Orators should cause him to order his words and deeds so; that themselves might be proved lyers. Your good beginning promiseth the same to the whole Nation; and we have great hopes now, that such a further progres will be made in the work of a full Reformation, as the righteous shall see it and rejoyce, & all iniquity shal stop her mouth.
Psal. 107. 42.For the mutionous tumult and noise which some men make in the City, by reason of their loose tongues and pens, to obstruct your good proceedings, and to raise a new war, and involve the people again in blood, it is but a flash, and the Lord will suddenly blast it: Only it is worth your observing, how your enemies in many particulars, are like the adversaries of Nehemiah, and the honest party with him. When Sanballat, Tobiah, &illegible; the Arabian,Neb. 4. 1. 2, 3. 11. 15. chap. 6. 1, 2, 4, 5, 9, 10, 12, 13, 14. ch. 13, 28, 29. and the rest perceived that all their former Malignant designs took no effect, but the building went prosperously forward, they drew over to them the Priests, by bribery and flattery, and by these mens speeches they thought to &illegible; the Governor, and bring that to passe which they could not do by other means. This present conspiracy amongst the Prophets, is a bringing up of the rear, the last piece of the whole work: As we see on a stage severall actors, and every one playes his part, yet all make but one Tragedy; so the rising in Kent, Essex, Wales, the revolting of the Ships, the bringing in, of the Scots, the Personal Treaty, and these Pulpit Incendiaries, &illegible; all one plot, howsoever acted by several persons, and therefore I doubt not, but as the Lord hath discovered the treachery of the one, so be will the hypocrisie of the other, and confound the whole building, both first, and last.
Moreover we cannot but take notise, in and through what further difficulties and streights the Lord hath held you up, and carried you on; we are very senceable how some have &illegible; you in the work, of whom we thought better things,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. & did think they would have been more faithfull and reall to their trust, the truth and their own principles. Ælian reports of Dionysius that be married two wives in one day, the one followed him in his wars, the other accompanied him only at his return: Men are forward enough to come in when the fight is over, to have a part and share in the spoil and fruit of the victory, but what they deserve, is to be considered of, and this to be minded. Ignavum sucos pecus a præsepibus arcent.
I have made the more hast to publish this First Part, because I perceive not only Royalists and Cavileers accuse you of high injustice against the Person of the King, and that the action hath been formerly carried forth meerly by power, without Law, reason or conscience;The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. But also, the lawfulnesse of the thing, is by some better minded, and persons more honest, doubted, and are not clearly satisfied therein: And for these later, I say, specially for their sake, I have taken in hand, not your cause so much, as the cause of the whole Nation, and have not only given a satisfactory answer to whatsoever may be objected against the act, but justified what hath been don by your authority in point of Law and conscience, to all rational and indifferent men.
The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it.I confesse it yeelds to the soul but little peace, when our actions have no other bottom or foundation, but opportunities, power, advantages, successe. But when we know it is Gods work; and we see it don in Gods way, then the present opportunity, power, and succes, is a manifest and infallible witnes, that as the Lord &illegible; the work, so he will honor the workmen, & he their mighty protector.
And this I prove to be your case, not that the, action was just because you bad opportunity and power to do it, but being in it self just, and you lawfully called thereto; the power, and opportunity which, God gave you, did manifest his approving your &illegible; &illegible; justice. Now the God of peace, and the Lord of hasts, he ever mightily present with you, to counsel, direct, protect, and &illegible; your endeavors, that we may no longer talk of Subjects liberty, and right things, but know them and enjoy them, we and our &illegible; and this being accomplished, he that desires the Publick good, &illegible; Yours to serve,
JOHN CAN.
THE GOLDEN RULE, Or, Justice Advanced.
ALCON of Creet, as a Dragon was embracing his son, shot an arrow into the heart, and hurt not the child, but the Dragon died immediately. Our State-Archers will now shew their skill and art, if (by Gods blessing on their labor) tyranny and oppression may be taken away, without prejudice or hurt to the Nation: and for the better carrying on of so necessary and good a work, I have undertaken to prove, that when Princes become Dragons (as the Scripture usually &illegible; great Tyrants)Isa. 27. 1. Ezek. 29. 3. ’tis lawful for the supream and Soveraign power of the People to shoot at them, and kill them likewise; and whatsoever to the contrary is objected, either from Scripture, Law, Reason, or inconveniences, I have fully answered and refuted.
1. Objec.First, The &illegible; of Korah, Dathan, and Abiram, is mentioned, from which example some conclude, that all opposition and resistance is unlawfull of the people against their King: Ergo, this kind of proceeding much more.
Answ. This objection being impertinent, I shall speak the lesse to it. 1. Because a faithfull officer in the due execution of his office, may not be opposed, resisted, punished: will it follow, that the unfaithfull and wicked must be left alone? Moses was a lawful Magistrate, and Aaron a true Minister of God, faithfull and good men both, and therefore to be obeyed; but Kings becoming perjur’d tyrants, are not so; neither is there any Allegeance or obedience from the people due to them, as we shall hereafter shew.
But 2. If this example be well considered, it will sufficiently serve to justify so much as by me is here asserted, and thus I prove it: For any man or men causlesly to mutiny against the Supream Power of a Kingdom, and most unnaturally and impiously invade mens Lives, Liberties, and Estates, oppose Justice, and seek to bring a whole Nation to utter desolation, such lawfully may be resisted, suppressed; yea, by the example of Korah, &c. put to death: Now certain it is, howsoever Kings ruling according to Law are publick Ministers of State, neverthelesse degenerating into Tyrants, and acting against Law, they are in such a case, no more then private men: because whatsoever at first was confirmed upon them in respect of Office, it did not in any sort make a change upon their persons; neither set them at any distance touching subjection to the Law, either active or passive, more then they were before; their personal estate was the same still as before, neither are they exempted from corporall punishment if they break the Law, more then any other men.
2. objec.It is further objected, Exod. 22. 28. Thou shalt not revile the gods, nor curse the Ruler of thy people. Again, &illegible; 10. 20. Curse not the King, no not in thy thoughts, and curse not the rich in thy bed-chamber. If Kings may not be curs’d, much lest put to death by their Subjects.
Answ. 1. The first text is not properly meant of Kings, but pertains rather to Judges and other sort of Rulers; and so the Jew Doctors understand the place. 2. Solomon well explains the place, Prov. 17. 26. It is not good to strike Princes for equity; that is, evil speaking of Magistrates for well doing, is a wicked and vile thing. 3.Hier. in hunc. ver. &illegible; The other text by some is applyed unto Christ the King of his Church. But take it literally, because Kings may not be curs’d, which is prohibited under pain of condemnation, will it therefore follow that Kings may be theeves, murderers, traytors, tyrants, and commit any wickednesse, and not be cal’d to an account by such who are above them, and have a lawfull Power in their hands to punish them? 4. The place comprehends Rich-men as well as Kings, and therefore it may be as well concluded from it, that no man if rich, may be punished for any crime or fault whatsoever. 5. Both these if rightly applyed are altogether for us: for whosoever (whether King or Prince) shall curse and revile the Supream and Soveraign State of the Land, and that for well doing, as call them Rebels and Traytors, and violently seek to destroy them, he absolutely violateth this Law, Thou shalt not revile the gods. It is true, there is here no punishment set down for him, that should thus &illegible;Willet Qu. 57. But seeing (as one writes on the place) be that railed on his father and mother was to die for it, Exod. 21. 17. much more worthy of death was be, which should curse the fathers of the Countrey.
3. objec.I counsell thee to keep the Kings commandment, and that in regard of the oath of God. Be not hasty to go out of his sight, stand not in an evill thing, for he doth whatsoever pleaseth him. Where the word of a King is, there is power, and who may say to him, What dost thou? Ecc. 8. 2, 3, 4. Hence the Royallists argue, If the word of a King must stand, and his power not to be resisted, how can his Subjects lawfully touch his Person?
Answ. 1. To keep the Kings commandment must be understood of things just and lawfull: otherwise (as the Apostle saith) We must obey God rather than man. It is well laid down by Philo, Regis &illegible; est jubere quæ oportet fieri,Philo de vita. Mosis. & vetare a quibus abstinere debet: cæterum jussio faciendorum, & interdictio cavendoris in proprie ad Legem pertinet. Atque ita consequitur, ut Rex animata sit, Lex vero sit Rex justissimus. The office of a King is to command those things which ought to be don, and to forbid those things which ought to be avoyded. But the command of things to be don, and the forbidding of things not to be don, properly belongeth to the Law. And so it followeth that a King is a living Law, and the Law is a most just King.
2. The oath of God here, is the oath which is taken in the name of God, and whereof God is made a witnesse: The meaning is, the King is so to be obeyed, as that God is not to be disobeyed, and that the oath made to the King is so to be kept, as that the oath made to God be not broken. Hence Tremellius reads it, sed pro ratione juramenti Dei, but with regard to the oath of God: shewing that Subjects are by their Allegeance and Covenant no further obliged to observe the Laws of earthly Princes, then are agreeable to Gods commandments.
3. Whereas it is said, He doth whatsoever pleaseth him: this must be understood only of a good King, and just comands, as if it were supplyed with, whatsoever pleaseth God, not licet si libet, as if all were lawfull whatsoever a King should do; but the genuine sence of the place is, stand not in an evill matter, for the King hath power to do whatsoever he pleaseth in way of justice to punish thee, if thou continue obstinate in evil courses, to forgive thee, if thou confesse, submit and crave pardon of him for the same.
1 Sam. 13. 13. 2 King. 3. 14. Jer. 1. 28. chap. 22. 3.4. Who may say to him what dost thou? that is reprove, or censure him for doing justly as Job expounds it, Chap. 34 18. and so must the place be understood: to wit, that no man may presume to question the Kings just actions, warranted by the Law of God and men, but otherwise Kings may, and are to be reprehended, as we have sundry examples for it, in Elias reproving Ahab; Elisha, Jehoram; Nathan, David; John Baptist, Herod.Ho. 5. 1. 2 Augu. in Psal. 82. Amb. in Offic. Yea, not only so, but to be resisted, withstood, and opposed in their unrighteous courses. Hence Augustine and Ambrose do affirm, when Herod and Pilate condemned Christ, and caused him to be put to death, howsoever the people lamented it, were sorry for him, and sorely bewail’d his death; yet were they all punished: and why so? because when they were able and might have taken him out of the hands of unjust and wicked Magistrates, and so preserv’d his life, they did it not, in this regard they wrapt themselvs in the same guilt of blood and became murderers of him.
But lastly, This text intends, only private men? not a Parliament, the supreamest Judicatory and Soveraign power in the Kingdom: for in this High Court, the Kings Person is no other than another subject; I say it again to this Court, He personally stands as a single man to be questioned, censured, punished as the Crime and Cause shall be. And in truth, here lies the stone at which many have stumbled, much like to that long controversie between us and the Church of Rome, about Petres, and Petra; Peter, and the Rock. We distinguish them, taking the person of Peter to be one thing, his faith, or Christ another. Whereas the Papists will allow of no such distinction. So the Title and Office of a King is one thing, the Person another: and howsoever the former comes not into question, yet the latter may. But many by mixing and confounding things together which should be severed and distinguished, apprehend not how the Person of the King, and not the Title and Office of a King can be questioned, censured, and punished. Huge Grotius, putting down seven cases in which the people may have most real action against the King, to accuse, and punish him: The second is,Groti. de jure bell. & pac. l. 1. cap. 4. He may (saith he) be punished as a private man.
That place in Psal. 105. 14. 15. is usually objected, Touch not mine anointed. This by Royallists is applied to Kings,4. Objec. as a prohibition, that no man touch them, so as to hurt their Persons.
Answ. 1. The words in the Prophet, do not at all concern Kings, but were spoken directly and immediatly of the Patriarks, their wives, & families, walking as strangers from Nation to Nation; the which is evident by vers. 6. by the whole serious of the Psalm,Gen. 12. 10. to 20. ch. 20. & 26. 1. to 29. which is historical; some places of Genesis to which the words relate, and the general confession of all Expositors on the place. The Cavalliers had in one of their Colours (which was taken by the Scots at the battle of Marston, July 2. Anno 1644.) the Crown and the Prelates mitre painted, with these words, Nolice sangere Christos meos: so that it seems the antichristian mitre claims here a share with the crown.
But 2. Admit this Scripture should be so meant, (which is not so) yet nothing can be hence rightly gathered, that Kings should be exempted from Arrests, Imprisonments, or Sentence of death it self. For 1. If we take it spiritually for the internal oyl of the Spirit, as this annointing is common to subjects as wel as Kings, so it must follow necessarily that in their persons they are no more exempted from arraignment and capital censures than other men.
2. Admit it be meant of an actual external Anointing, yet that in it self affords Kings no greater priviledge, than the inward unction of which it is a type, neither can it priviledge them from the just corporal sentence of all kinds: and this is manifest in Sibon, Og, Adonibezsk, Eglon, Agag, Joram, Ahaziah, Jehoaz and others, who by Princes and subjects of another nation, were apprehended, and slain, and justly, as all grant without exception. Besides, Kings who are subordinate homagers, and subjects to other Kings and Emperours, though annointed, may for treasons and rebellions against them, be lawfully judged to death, and executed; as appears by sundry presidents in our own and forraign Histories. Yea, the Roman, Greek, and Germane Emperors, have been Imprisoned, Deposed, and some of them judicially judged to death by their own Senates, Parliaments, and States for their oppression and tyranny: So the ancient Kings of France, Spain, Arragon, Brittain, Hungarie, Poland,Grot. de Jur. bel. & pac. l. 1 cap. 4. Denmark; Bohemia, India &c. & that justly notwithstanding any pretence of being anointed Soveraigns: And it is by Grotius confessed, That the People may punish the King to death for matters capital, if so it be agreed on betwixt king and the people, as in Lacedemonia.
3. If the Scope and Sence of this Text be duly weighed, it is so far from affording Kings any corporal immunities, or exemption from punishment, as it cleerly speaks the contrary: For the words are not spoken of Kings, but by God Himself spoken unto Kings, that they should not touch his Spiritual anointed Saints, men consecrated unto him by the oyl of the Spirit. But you wil say, What if they touch Gods anointed, even spoil and murder them for his sake? I answer, The Law (Gen. 9.6.) excepteth none: the dearest that nature knoweth are not excepted. Who so sheddeth mans blood, by man shall his blood be shed. The Supream Court of Justice is here highly concerned. Thus saith the Lord,1 King. 20, 42. Because thou hast let go out of thy hand a man whom I appointed to utter destruction; therefore thy life shall go for his life, and thy people for his people.
5. obiect.Davids often sparing of Saul, though in his hand is often object. And Dr. Gauden in his late Letter to his Excellency, saies, You cannot be ignorant of Davids hath consciencious and generous respect to Sauls safety, and life, whom he leaves to Gods justice, by no usurpation of power, successes, or opportunities of revenge. page 7.
Ans. 1. There is nothing from Davids carriage towards Saul in this particular, but to bring it into a short account is thus: Subjects ought not wilfully or purposely to murder or offer violence to the person of the King, specially in their cold blood when he doth not actually assault them, nor have a lawful power judiciously to proceed against him.
2. But more particularly I answer. The difference was but private and personal between Saul & David, David being Sauls private subject, servant and son-in-law; not publick between Saul and his Parliament or Kingdom. Now many things are unlawful in private quarrels, which are just and honourable in publick differences. Saul intended no Arbitrary government, nor to make Israel a conquered people, nor yet to cut off all the godly, under the pretence of hereticks and sectarles; neither to destroy laws, liberties and Parliaments: nor came Saul against these Princes, Elders, and People who made him King; only David’s head would have made Saul lay down his arms.
3. Howsoever some reasons may be given wherefore David spared Saul, as, 1. Being his father-in-law, and lord too, and so it would have been: thought somewhat an unnaturall act in him, and savoured too much of private revenge and ambition, aspiring to the Crown before due time. 2. By his lenity to convince Saul, and reclaim him from his bloody pursuit, and clear his innocency to the world.
And lastly, Manifest his dependance upon God, and his special promise, that he should enjoy the crown after Saul, by divine appointment: neverthelesse, if these and other Scriptures be well perused,1 Sam. 24. 10. 11 12. 17. 18 & 26. 23. 24. Saul and David soldiers (if not David himself) conceived that David might with safe conscience have punished him, as well as pittied him. Expedient I confesse it was (for the considerations mentioned) to spare him, but whether the thing in saro Dei and in it self altogether unlawful had he slain him (specially after he had killed the Priests,1 Sam. 22. 18. 19. and destroyed both men and women, children and sucklings in Nob.) I leave to the judicious Reader to think of.
6. Objec.That place 1 Sam 8. 9. and ver. 11. is much alleadged to prove both the absolute power of a King, and the unlawfulnesse of resistance.a Hugo Gratius,b Barelay,c Arnisæus,d Dr. Fern, and others argue thus; that by this place, The People oppressed with the injuries of a tyrannous King, have nothing left them but prayers and tears to God, and will have us distinguish inter officium Regis & potestatem, between the Kings office and the Kings power; and it cannot be ver. 9. 11. the custome and manner of the King, but must be the law of absolute Majesty, &c.
It is said of Paracelsus that the diet he prescribed his patients, was to eat what, and how often they thought fitting themselves. Royallists and Court-flatterers do allow such an absolute prerogative to Kings, that if they would make use of their plenitude and unlimitted power, there is no wickednesse but they may do. viz. violently ravish matrons, deflour virgins; unnaturally abuse youth, cut all their Subjects throats, fire their houses, sack their Cities, subvert their Liberties, and (as Bellarmin puts the case of the Popes absolute irresistible authority) send millions of soul to hel; yet no man under pain of damnation; may or ought demand of him, Domine, our it a facis? Sir, what do you? such a slavery those vermins have sought to bring all Subject; into.
But to answer, 1. The scope and drift of the place is thus: Samuel being displeased with the people because they would reject Gods government, who was then their King, having in his own hand the regal rights, and did substitute under him Judges, whom he extraordinarily called, qualified, and inspired them with his spirit; shews them the manner of the King, ver. 9. 11. not what they should be, and ought to do in right, but what they use to be, and do in fact, and how commonly they demean themselves in Government, contrary to Gods Law, Deut. 17. 15. and the Lawes of the Kingdom; and that he speaks not here of the Law or power of a lawfull King, but of Saul’s tyrannicall usurpation: is evident thus.
1. The Hebrew word is not חזרח but משפט, the which as our English rendreth, is the manner, and so the word usually signifiesa a custome or manner; and as a custom, so a wickedb custome. Peter Martyr on the place saith, He meaneth here of an usurped Law. The custome and manner of doing, say Junius and Tremellius. Clemens Alexandrinus on the place saith, non humanum pollicetur Dominum, sed insolentem daturum minatur tyrannum, he promiseth not a humane Prince, but threatneth to give them an insolent tyrant. So saith Beda. Lyra expoundeth it Tyranny: so Cajetanus. And Serrarius, he speaketh not here, quid Reges jure possint, sed quid andeant; what they may do by right and Law, but what they wil be bold to do; and so speaketh Thomas Aquinas, Osiander, Pelican, Bothaius, Willes and our last large Annotations, take it, that Samuel setteth not down the office of a King; and what he ought to be, but what manner of Kings they should have, such as would decline to tyranny, be tyrants, not Kings, rule by will, not by Law.
2. He speaketh of such a power as is answerable to the acts here spoken of: but the acts here spoken of, are acts of meer tyranny. As 1. to make slaves of their sons, ver. 11. was an act of Tyranny. 2. To take their fields, and vineyards, and oliveyards from them, ver. 14. was no better then Ahabs cruelty towards Naboth. 3. To put the people of God to bondage. ver. 15, 16. was to deal with them as the Tyrant Pharaoh did. 4. He speaketh of such a Law, the execution whereof should make them cry out to the Lord because of their King. ver. 18. but the execution of the just Law of the King, Deut. 17. is a blessing, not a crosse or curse.
3. It is clear, that God by his Prophet disswades them from their purpose of seeking a King, by fortelling the evil of punishment, that they should suffer under a tyrant. for 1. Samuel is to protest against their unlawfull course, v. 9. 2. He is to lay before them the tyranny and oppression of their King, which cruelty Saul exercised in his time; as the history of his life sheweth. But he speaketh not one word of these necessary and comfortable acts of favour, that a just King by his good Government was to do for his people, Deut. 17. 3. It is set down, ver. 19. how ineffectual Samuels exhortation was: now how could it be said, they refused to hear the voyce of Samuel, if he had not dehorted them from a King.
2. Touching these words, and ye shall cry out in that day because of your King. 1. Here is not one word of any lawfull remedy, for this is not alwayes understood of praying to God by reason of oppression, as by manya Scriptures doth appear. 2. Though it were the Prophets meaning, they cryed unto the Lord, yet it is not the crying of a people truly humbled, and in faith speaking to God in theirb troubles, and therefore such prayer as God heareth not. 3. It is a rule in Logick and Divinity, Exparticulari non valet. argumentum negative; from one particular place a negative argument is not good: To apprehend, imprison, and put a tyrant to death is not written in this particular place: therefore it is not written at al in other places of Scripture. But 4. The text sayes not They shall only cry out, as if no other course were to be used against a tyrant, but crying out, which shews a meer fallacy and absurdity in what they speak. Because a man must pray for Kings and Rulers; Ergo, there is no tribute or obedience due to them. Again, Men must pray for their daily bread, and sick persons seek to God for health. Ergo, they must only pray, and not labor for it, they must take no phisick but only pray.
3. If the Prophets words be rightly understood, he is so far from affirming that the power of a King is absolute, and uncontroulable, as on the contrary he closely admonisheth the people, that they should look to him, as to restrain and bridle his licentious liberty, and keep him within the due limits of law and reason, and seeing he is apt to degenerate into a tyrant, and cruelly to oppresse the subjects, to be therefore prudent and carefull seasonably to prevent so great a mischief and danger.
Lastly, In the whole description here of a tyrant there is not one word against our Conclusion. For 1. The peoples power (whose Representatives the Ordines Regni,Polib. his. l. 6. the States of the Kingdom are) is above the King. Such were the Ephori amongst the Lacedemonians, the Senate amongst the Romans: The Forum Superbiense amongst the Arragonians: The Electors of the Emperors the Parliaments in England, Scotland, France, and Spain: The Fathers of Families, and Princes of Tribes amongst the Jews. And for this Soveraign and Supream power of Estates, as above Kings, I appeal to Jurists, and to approved Authors. Argu. L. aliud. 160. sect. 1. de Jur. Reg. l. 22. Mortuo de fideis l. 11. 14. ad Mum. l. 3. 14. Cornelius Bertramo, c. 12. Junius Brutus, Vindic. cont. Tyran. sect. 2. Sigonius de Rep. Judæor. l. 6. c. 7. Author Libelli de Jur. Magist. &illegible; Subd. q. 6. Althus. Pol. c. 18. Calvin Instit. l. 4. o. 20. Pareut in Rom. 13. Peter Mart. in lib. Judic. c. 3. Joan Marianus, de Rege, lib. 1. c. 7. Marius Salamonius Lib. 1. de Principatu. Hottaman de jure. Antiq. Reg. Gallica. l. 1. c. 22. Danæus Polit. Christ. l. 3. c. 6. Buchanan de Jure Regni apud Scotes.
2. The King is under Law, and punishable by Law, as we shal manifest more fully hereafter. It is the Law Quod quisque Juris in alium stætuit,Imp, l. 4. dignavox C, deleg. & tir. In tractat. de Tyran, & in tract, de re, Ci. Jun. Bru, vind, contyr, &illegible; &illegible; et ipseutatur. What a man of right enacteth for another, the same he himself should do. If otherwise, proving a Tyrant, he may (saith Bartol) be justly deposed by his superiour, or according to the Julian law, by force of the whol Common-wealth most deservedly punished. I will end this point with the words of Junius Brutus. A Tyrant (saith he) is more outragiously wicked, than any thief, high-way-robber, murderer, or saorilegious person, and therefore deserves a far greater, heavier, and severer punishment.
7 obiect,I find some to frame their objection thus. None of the Prophets in the old Testament reprehending the Kings of Israel and Judah for their grosse Idolatry, cruelty, and oppression, did call upon the great Councel of State, to convent, censure, & put their Kings to death upon any of these grounds, therefore to put them to death is unlawful.
Answ. 1. It is a great Non-consequence,Fra. &illegible; Instit. &illegible; l. 1. c. 18. Aristoteles out Plato hoc non dixerunt, hoc Ergo is a se non habet. This duty is not practised by any example out of the Prophets in Gods word. Ergo, It is no duty. Practice in Scripture, is a narrow rule of faith: shew a practice when a husband stoned his wife because she enticed him to follow strange gods. Yet it is commanded, Deut. 13. 6. when a man lying with a beast was put to death. Yet it is a law, Exod. 22. 19. so many other laws, the practice of which we find not in Scripture.
But 2. Seeing none of the Prophets did forbid the thing, or dehorted the people from proceeding this way, therefore it was lawful, and the people freely might have done it, if they had been zealous of the law, and had a heart to it. And to make this cleer, take notice what the Law saith, Ye shall do no unrighteousness in judgement,Levit. 19. 35. 36. Deut. 25, 13. in meteyard, in weight, or in measure: just ballances, just weights, &c. Thou shalt not have in thy bag divers weights, a great and a small. These ordinances taught men justice. Ye shall not respect persons in judgment,den, 1, 17, ye shall not be afraid of the face of man: so that whosoever was a murderer, an adulterer, a witch, a Sodomite &c. he was to be put to death. And questionless, had the Lord intended, that some, (namely Kings, howbeit murderers, adulterers, witches,) should be exempted from the punishment of such laws, as being no power or Court on earth to reach them, it would have been some where set down. And therefore whereas it is objected, that the Prophets speak no where of putting their Idolaters & wicked Kings to death, the truth is, it needed not, neither was there any reason for it, for it was never questioned in the Prophets times, whether Kings might be put to death if they did such things as by the law was death.
3. Not only is it evident by the History of the Kings and Chronicles in sundry places,2 Kin. 21. 11. 12. & 23. 26. & 24. 3. Jer. 15. 1, 2, 3. 4. that God did punish the people for the wickedness of their Kings: but likewise the Prophets have threatned so much: the which thing surely God in justice would not have done, neither the Prophets so have spoken, had not the people power to have removed them, and put them to death for their capital crimes, according to the Law.
4. When the Prophets exhorted the People to repent, and to execute justice and judgment, and to deliver him that was spoiled out of the hands of the oppressor.Jer, 7. 5. & 21. 12. & 22. 3. Here they did call upon the great Councel of State to punish their tyrannous, murderous, and idolatrous Kings with death, according to the law: for otherwise, how could the people truly repent, or have answered what the Prophets exhorted them unto in point of justice.
5. That tyrannous Princes, not only by command of Gods Prophets, but of God himself, and by his special approbation have been put to death by their subjects, ’tis apparent in Scripture: thus Nadab by Baasha, Elah by Zimry, Jehu by Gods own appointment puts to death Joram and Ahaziah Kings of Israel and Judah: And say, that it was extraordinary to Jehu that he should kill Joram, yet there was an expresse law for it, that he that stirreth up others to Idolatry, should die the death. Deut. 13. 6. And mark what Mr. Rutharfurd writes in this very point,Preem Elect. qu 34. p. 364. THERE IS NO EXCEPTION OF KING or Father in the Law: For to except Father or mother in Gods matters is expresly against the zeal of God. Deut. 33. 9.
8 obiect.That passage in Psal. 51. 4. is much taken hold of, where King David confessing his sin of adultery and murder to God,Sac. Mai. p. 148. de author prin. c. 4. num. 5. p. 73 useth this expression, against thee, thee only have I sinned, and don this evill in thy sight: Hence Maxwell, &illegible; and others conclude, That the King is above all Law, and all earthly Tribunals; accountable to none for his actions, but to God, and that there was not any on earth, who might punish David.
I have somewhere read how Calisthenes Lucullus servant, gave his Master poyson, not of any evill intent, but supposing the poyson had power to make his Master love him the more; but it put him out of his wits, and kill’d him. Fawning Sycophants, and Court-flatterers, have usually thus served Kings and Princes, in hope of more love, and greater preferment from them, have powerd into them the venemous doctrine of absolute Monarchs, Arbitrary power, to be responsable to none but God only, for what they do; by which means they have grown mad Tyrants, and afterwards cut off by some visible and sensible stroke of justice.
But to the objection, I answer, 1. It is most certain that David by his adultery and murder (being sins against the second table) did sin not only against God, but against Vriah, his wife, children, and kindred, and against his own soul. And this must needs be so, for otherwise, 1. The King because a King is free, not only from all punishing Laws of men: but from the duties of the second Table simply, and so a King cannot be under the best and largest half of the law, Thou shalt love thy neighbour as thy self.
2. He shall not need to say, forgive us our sins as we forgive them that sin against us. For there is no reason from the nature of sin, and the nature of Gods Law, why we can say more the subjects and sons sin against the King and Father, then to say, the Father and King sin against the sonnes and subjects. 3. The King killing his Father Jesse should sin only against God, but not break the fift commandment, nor sin against his Father.
2. As all Emperors, Kings, and Princes, are subject to the Lawes of God, of nature, and Nations; so are they bound in conscience to give satisfaction and recompence to their subjects against whom they sin in this nature; and David himself determines so much in his own cause. And Davids anger was greatly kindled against the man (the man was himself, 1 Sam. 12. 7. thou art the man) and he said to Nathan, as the Lord liveth the man that hath don this shall surely die.
3. For the reason of Davids speech, in saying, against thee, thee only have I sinned. Expositors are diversly minded, some say, he meaneth none durst judge or punish him, but God onely. Lorinus the Jesuit observeth eleven interpretations of Ancient writers all to this sence. It is true, Beda, Euthymius, Ambrose, Chrysostome, Basil, Theodores, do acknowledge from the place de facto, there was none above David to judge him: so Augustine, Basil, Gregory, Arnobius, Dydimus, Hieronim. But the simple meaning is, Against thee only. 1. As my eye witnesse and immediate beholder: for he conceal’d his sin from men, but could not from God. 2 Sam. 12. 12. 2. Because as the cause stood, God only could remit the punishment of his sin. 3. By only he means comparatively, as if he should say,P Isa. 435 sal. 41. 3 principally and especially against thee: and the word (aonly) is often so taken.
4. The Sanedrim did not punish David: Ergo, it was not lawful for them; nor is it lawfull for a State to punish a King for any act of injustice, is logick which we may resist.
5. Had the adultery, and murder been publickly known, and complained of to the Great Councel of the Kingdom, I do affirm, and will stand to it, that they might judicially have proceeded against him for it. And because some wil be ready to brand this under the scornful terme of a new light, or think I am singular herein, I shall here set down the judgment of a judicious and learned professor of Divinity, Mr. Sam. Rutherfurd a Scotchman.Preem of Elect of King. qu 26, p. 241 The Prelate (saith he) draweth me to speak of the case of the Kings unjust murder confessed, Psal. 51. To which I answer, He taketh it for confessed, that it had been treason in the Sanedrin and States of Israel, to have taken on them to judge and punish David for his adultery and murder, but he giveth no reason for this nor any word of God: and truly, though I will not presume to go before others in this, Gods law (Gen. 9. 6. compared with Numb. 35. 30, 31.) seemeth to say against them.
Nor can I think that Gods law,Deut, 1, 17 2 Chr. 19 6, 7. or his deputy the Judges are to accept the persons of the great, because they are great: and we say, we cannot distinguish where the Law distinguisheth not. The Lord speaks to under-Judges, Levit. 19. 15. Thou shalt not respect the person of the poor, nor the honor of the person of the mighty, or of the PRINCE, for we know what these names גךול and דכא meaneth. I grant it is not Gods meaning that the King should draw the sword against himself; but yet it follows not, that if we speak of the demerit of blood, that the Law of God accepteth any Judge great or small, and if the STATE BE ABOVE THE KING, as I conceive they are, though it be a humane politick constitution, that the King is free from all coaction of law, because it conduceth for the peace of the Common-wealth, yet if we make a matter of conscience: FOR MY PART, I SEE NO EXCEPTION THAT God MAKES OF IT; if men make, I crave leave to say, A facto ad jus non sequitur. Thus that Reverend Author.
Lastly, This sin against Vrijah was personal, and a private injury into which David fell by occasion, and out of humane frailty: it was the first and only sin that he committed in this kind that ever we reade of, he made no trade of it, he repented for it, and never relapsed after into it. Whereas Charles Steuart in a hostile and publick way hath murdered many thousands of his best subjects, by giving Warrants and Commissions under his own hand to Atheists, and Papists, personally appeared in many battles to destroy the people, caused sundry villages, towns, and cities to be ruinated by fire, &illegible; rapine, &illegible; &illegible; &illegible; of other nations, (not to mention his own Son, nor Rupert that monster of mankind) to rob and kill his own subjects at sea: gave Ormond commission, and the bloody Irish, to kill and massacre, not so few as two hundred thousand, men women, and children, of the &illegible; religion in Ireland; not to speak of fifteen hundred widowes which he made in one morning, as Mr. Henderson told him; nor the losse of Rochel in France, by his lending ships to the French King; and this was his trade and constant practice many yeers together, and doubtlesse would have continued so to this day, had not the Lord of Hosts by a powerfull hand (using our Army as instrumental means) supprest him: and for all this his heart never smote him as it could be perceived, but remain’d impenitent and incorrigeble in his sins.
9. obiect.It is likewise objected, That the children of Israel were commanded by God himself to pour out supplications & prayers for the peace and prosperous estate of Nebuchadnezer a most cruel tyrant,Jer. 29. 7. and that it was not lawfull for the Jewes to withdraw themselves from the subjection which they did owe unto his Empire: Neither would the Lord authorize the people to deliver themselves from under Pharaoh, but made Moses a Prince to bring them out of Egypt with a stretched out arm: Nor did the Lord deliver his People by the wisdom of Moses, or strength of the People, or any act that way of theirs, but by his own immediate hand and Power. Hence conclude, that subjects may not punish their Kings for any misdemeanour.
Answ. 1. The Jews were not only subjects and of a private condition, but likewise most of them servants and bond-men under the power and Empire of the Caldeans, and therefore for private men to rise up against the Magistrates, or to resist them with force of arms had been unlawfull.
2. And let it be observed, that the Jews came by the immediate appointment of the Lord, under the power of the Caldeans, of which thing they were often preadmonished and fore-told by the Prophets: so that it was not only unlawfull for Zedekiah and the rest of the Jews in the time of their captivity to resist the tyranny of the Caldeans,Chap. 21. 2, 3, 4, & 27, 1, 12, 13, 14, ch 36, ch, 37 but likewise before the captivity, they could not with a good conscience have resisted, or maintain’d the city against them when they had befieged it; for as much as the Lord commanded them by Jeremy that they should deliver up the city into the hands of the Caldeans, and without resistance yeeld themselves to be their servants.
3. Touching Pharaoh, 1. He had not his crown from Israel. 2. Pharaoh had not sworn to defend Israel, nor became their King upon condition and oath to maintain their Laws, Liberties, and Rights. 3. Israel had their land in Egypt by the meer gift of the King. 4. The Israelites were not his native subjects, but strangers and so journers; who by the Laws of the King and Princes,Exod. 2, 23, 24. by the means of Joseph had gotten the land of Gosben for their dwelling, and liberty to serve the God of Abraham, to whom they prayed in their bondage. The Kings of England (as Kings) have stood to England in a four-fold contrary relation: they have had their crown by the voluntary and free choise of the People, and no otherwise but conditionally; that is, covenanting and taking their oath to do so and so, for the publick good. The English are natives, not beholding to their Kings for their possessions, nor ever held the same as gratin from them: The Supream and Soveraign Power of the Kingdom is in their hand; the which Israel in Egypt never had, nor could lawfully challenge.
10. obje.Dr. Gouden speaking of putting the King to death, faith, Never did Christ or his Apostles by practice or precept give the lest intimation of the will of his Father as agreeing to what you declare to be your purpose,Sac. San. Maj. c, 5. p. 6. ’Christ (saith Maxwel) in the &illegible; &illegible; by practice to flee from Harod, and all Christs actions are full of mysteries and our instractions: He might have bad Legions of Angels to defend him, but would rather work a miracle in curing of Malchu’s ear, as use the sword against Cæsar. He suffered under Pontius Pilate, & to commend patient suffering of ill, & condemnal resistance of superiors, would have servants suffer buffets nor &illegible; for ill doing of good masters; but also undeservedly of these masters that are evill, and that from his own example, 1 Pet. 2. 18. 21. 23. much more are we patiently to suffer of Kings without resistance.
The monuments of &illegible; ruin, shew farre off to be high and great things, but being neer they are very low and little too: whatsoever is here, if we come up close to it, ’tis impertinences, non-consequences and nothing else. And first in general we answer, 1. Christ saying, He Kingdom is not of the world, and refusing to take the Magistracy upon him signifyed thereby, that for civil politie he left it to the people, to practice according to the humane Law and reason, and as it might best serve for every nations safety, peace, and welfare. 2. When the Dr. writes next, I would have him set down where Christ and his Apostles, by precept or practice taught, that any man for murder, treason, rebellion, &c. might lawfully be put to death by the higher powers: if he find this thing no where directly or by consequence in the New Testament, then under favor of his Doctorship, it is simply spoken: But if he can find such a precept or practice, thus far I do ingage, and challenge any man to oppose, that I will as clearly prove from the same place, that the Commons of England may lawfully put their King to death for the like crimes. 3. If Christ came not to destroy the Law, as the Law of nature, Nations, then it is not contrary to any precept or practice of his, for the Parliament of England, to judge to death the King for treason and high misdemeanors against the law of nature and Nations. But the first is true, therefore the latter.
2. For a more particular answer: 1. Christ ilying &illegible; Egypt, what mystery soever it had, sure I am, it contained no prohibition against the lawfull execution of justice and judgment upon any man.
2. That Christ might have defended himself with more then twelve legions of Angels, but would not, it was not because, to cut off tyrants is unlawfull, the &illegible; no shadow for that in the Text, but because it was &illegible; will, that he should drink the cup his Father gave him.
3. That Christ blamed Peter for speaking of drawing his sword: Rivetus sheweth the reasons,Rivet, in dec. in mand. 6. pag. 234. Mar. 16, 21, 22, 24 1. Because it had a kind of revenge in it: for so few could not repel such an Army as came to take Christ. 2. He waited not on Christs answer. 3. He could have defended himself another way. 4. It was contrary to Gods will revealed to Peter.
4. To the place in Peter I answer: 1. Patient bearing of wrong, and punishing wrong doers are compatible in one and the same person. One act of grace is not contrary to another: Not to respect persons in judgment, is as commendable a vertue as patient suffering for a good cause. 2. The scope of the place, is not to forbid all violent resisting, but only forbiddeth revenging resisting, as not to repair one wrong with another, from the example of Christ, who when he was reviled, reviled not again: and therfore the Argument is a fallacie, Ab eo quod dicitur χτς ad illud quod dicitur πλς. If a master attempt to kill an innocent servant, and invade him with a weapon of death, in that case the servant is free from guiltiness, if (there being no other way to save his life) he slay the master than be kild himself: because I am neerer by the law of nature, and dearer to my self and mine own life, then to my brother. 3. No Prince hath a mastery or dominion over his subjects, but only a free, paternal, and tutorly over-fight for the good of the people. The masters in the Apostles time,Ro. 13. 4. had a dominion over servants as over their proper goods.
11. obje.But the special Objection of Royallists is, Rom. 13. 1, 2. Let every soul be subject to the higher powers, for there is no power but of God: and whosoever therefore resisteth the power, resisteth the ordinance of God.Grot. de Jur. bel. & pac. l. 1 cap. 4. Hence therefore they conclude, 1. That the King is the supreamest or highest power here intended. There is no Judge above a King on earth. 2. Howsoever, in those dayes there was a standing and continual Senate,Barc, &illegible; l. 3. c. 9. which not long before bad the Supream power in the Roman State, yet now the Emperour was Supream, and therefore no power of resistance left to the people.Maxwel Sac. San. Mai. c. 2 p. 29. 3. The prohibition, doth not only concern Christians, but all the people under these Emperours, and howbeit Religion was persecuted, the peoples Liberty lost, and the Senate then enslaved by Edict and Laws inforced on them by Nero and other Emperors, yet notwithstanding, the Apostle forbids to resist.
That I may give a satisfactorie answer to this Objection, I desire the Reader to consider the occasion of the Apostles words, which I take to be thus. The Roman Magistrates being Infidels, people newly converted to Christian Religion, might think themselves exempted from any subjection or obedience unto them, by reason of Gospel-liberty and further, that it was not lawful for them to make use of such Magistrates in any civil cause what wrong soever they suffered: To refute which error, the Apostle informs them, that howbeit the Magistrates were unbeleeving Gentiles, yet their authority and power was from God Himself, and in that regard, their profession of Christianity did rather obleige them, then exempt them from subjection; and they were Gods Ministers appointed by him, to punish offenders, and to take vengeance on them. Now bring this into an argument, because Religion exempts not subjects from due obedience to lawful pagan Magistrates, and people oppressed may seek redresse of their grievances, therefore Tyrants may not be legally arraigned, censured, and put to death by the highest and supremest Court of the Kingdom.
2. If the Apostles words be observed (even word for word) there is not any thing in them against the arraignment of a tyrant. For 1. The Higher Powers must be submitted to: and why? Because they are ordained of God, and are Gods ordinances. vers. 1, 2. That is so far as they govern according to reason and just laws, preserve their Peoples liberties, persons, and estates. But where is it said, When they prove traitors to the Kingdom, and are the Devil’s Agents, they may not be severely punished for it. 2. Because those who resist lawful authority, and just commands, receive to themselves condemnation, is not this, a non sequitur, that the Parliament whose jurisdiction and power is above the King, may not call him to an account for tyranny and mis-government.
3. Rulers must be obeyed, Because they are not a terror to good works, but to evil verse 3. Is not this a good consequence, when they are &illegible; enemies to all good works, and do evil and continually evil with both hands, that same power which hath set them up, cannot take them down again.
4. Obey him saith the Apostle, why? because he is the minister of God to thee for good. v. 4. But can this be applied to a tyrant, who hath destroy’d the people in body & goods; doth it not rather plainly imply, that those who are the devils ministers to us for evil, rather then Gods for good by a lawful power above them, should be thrust out of their place.
5. It is said, vor. 5. But if thou dost that which is evil, be afrayd, for he beareth not the sword in vain, for he is the minister of God, a revengen, to execute wrath on him that doth evil: Can any Roialist find any thing here, which is not spoken in reference only to faithfull Magistrates, in the execution of justice upon malefactors, wherein they must nor be resisted, much lesse punished for well doing. And by the rules of contraries, a Tyrant that makes war upon his people, to ruin, spoyl, and enslave them, protecteth all wicked men, gives liberty to all manner of unrighteousnesse, bears the sword, not only in vain, in reference to the publick good, but draws it forth only upon those that are good; for such cruelty oppression and implety, may lawfully be cut off.
3. The text doth include all higher powers, not to be restrain’d only to Kings and Emperors, but comprehends all kind of civil Rulers: Augustin, Irenæus, Chrysostom, Hierom expound it of Masters, Magistrates. So doe Calvin, Beza, &illegible; &illegible; Rollor, Mariorat, So do Popish writers, Aquiust, Lyra, Huge Cardinal, Corthus. Pierius, Toletus, Cornel. a Lapide, Salmeron, Estitius, expound the place. Hence it must follow, that no resistance of the higher powers is here prohibited, but only in the due and legall execution of their offices. For no man will deny but inferior lawfull officers illegally endeavoring to subvert Liberties, Laws, and unrighteously governing the people, may be imprisoned, arraigned and condemned for their misdemeanor. And this granted (which cannot be denyed) our conclusion is fully proved: and thus I make it appear.
Whosoever is a murderer or a traytor to the State, may lawfully be put to death by the civil power that is above him, and that by vertue of this text, Rom. 13. 1, 2, 3. But the King of England is under a civil power and jurisdiction; to wit, the Soveraign power of the Parliament. Ergo, If a murderer or traitor to the State may lawfully be put to death. Though there be no Tribunall (saith Mr. Rutherfurd) formally, regall, and Kingly above the King, yet there is a Tribunal vertical, eminently above him, in the case of tyranny, for the States and Princes are above him.
4. That the Romane Emperor (when Paul wrote) was the Supream and highest power in the Romane State, is most untrue: Instinian indeed, speaks somewhat that way,Dig. l, 2. Tit. 2. p. 146. that the Emperor was absolute, but he is partial in this case. Bodin proveth, That the Romane Emperors were but &illegible; of the Common-wealth, and that the Soveraignty remained &illegible; in the Senate and people. Livius, Florus, &illegible;Bodin de Rep. l, 2. c. 5. pag. 221. say the like, and to put &illegible; of all doubt, the case of Nero that wicked Emperor is proof sufficient, whom the Senate judicially condemned, and as a publick enemy to the State adjudged him to have his head fastned to a &illegible; and so to be publickly whipt to death, and then to be precipitated from a &illegible; upon which sentence he being sought for (and forsaken of al) to avoyd the execution therof, &illegible; himself with a poinyard.
5. As for tyranes and wicked oppressing Magistrates, they are not within the intendment of this text, neither is there any thing here spoken to prohibit the people from censuring and &illegible; of them for 1. That which is not the Ordinance of God, but rather of the devil, and the meer sin and enormity of the Governor Himself, not of the Government, is not within the compasse of this text.
2. That which is no point of the Magistrates lawfull power ordained of God, but diametrally repugnant to it, as tyranny, oppression, violence, &c. is not within the &illegible; or compasse of this text.
3. All Powers intended in the text are not only ordained of God but also circumscribed and bounded with certain rules of Law, justice, and honesty, within which they must contain themselves, and if they paste beyond those limits, they are none of Gods Ordinance. Now the tyranny and oppression of Kings and Rulers are meer exorbitances, arbitrary, illegall actions exceeding the bound of justice and honesty, prescribed by the Law of God and men: therefore not within the limits of this text, and therefore to be resisted, and the Person punishable.
4. Howsoever the lawfull power of Princes be of God, yet the tyranny it self, and abuse of this power is of Satan, and therefore though the power it self which is good and profitable, be to be honored and continued, yet the tyrant justly may be condemned to death, as not within the compasse of this text.
13. &illegible;And thus much for the first sort of Objections: we come now to the rest. Kings (some say) are in dignity and power above the people,&illegible; var. l, 6, var. 4. their persons sacred, not criminal or obnoxious to any tribunal but that of God. King Theodor in Cassidore speaking of himself, &illegible; solaratione discreti, quod alteri subdi non posstmus, qui Judioes non habemus. In this respect we are distinguished from others, that we cannot be subject to another, who have no Judges over us. Impune quidvis facere, idest, &illegible;
I have read in Plutarch, that Alexander Magnus published he was the son of Jupiter Hammon; yet when he saw the humor running down from his wounds, was constrained to say, this is αιμ&illegible; not ιχρ the blood of man not of God: and smelling the stench of his own flesh, asked his flatterers, if the gods yeelded such a stench. Princes (specially of late) have deem’d, themselves to be None-such, and altogether unlike other men, but when they shall see themselves as prisoners stand at the bar, and justice don upon them, they will think otherwise of their condition. I know what the common saying &illegible;
Quidquid delirant Reges plectuntur Achivi.
What fault soever Kings commit,
The subject must be hang’d for it.
A practice against Scripture, reason, and conscience: It is no Law grounded upon any divine principle, That the King doth no wrong, only his wicked Councellers and bad instruments must be punished, but he not: the Lord saith, the soul that sinneth, it shall dy; and in all ages hath punished the author of sin, and persons commanding such and such wickednesse, more severely and extreamly, then the agent, who acted by the others warrant, commission, and authority. We see dayly the mother punished for her whordom, yet the bastard spared; but that the bastard should suffer, and the mother escape, it is such a thing as I think was never heard of.
Now touching the objection I answer, 1. Simply,2 Sam. 19. 9. Psa, 78. 70. 71, &illegible; Sa. 10, 1 Ro. 13. 4. absolutely the people are above and more excellent then the King, and the King in dignity inferior to the people and the whole Kingdom: and this I prove. 1. Because he is the mean, ordained for the people, as for the end, that he may save them: a publick shepheard to seed them, the captain and leader of the Lords inheritance to defend them; the Minister of God for their good. 2. The pilot is lesse then the whole passengers, the General lesse then the whole Army, the physitian lesse then all the living men, whose health he careth for; the Master or Teacher, lesse then all the Schollers; because the part is lesse then the whole. The King is but a part or member of the Kingdom.
3. Those who are given of God as gifts for the preservation of the people, to be nursing-Fathers to them; those must be of lesse worth before God, then those to whom they are given, for the gift, as a gift, is lesse then the party on whom the gift is bestowed: But the King is a gift for the good and welfare of the people, as is manifest, Esa. 1. 26.
4. People though mortal in the individuals,Ecc. 1. 4. yet in the species cannot dye, but the King as King may and doth die, and therefore more excellent then that which is accidental temporary, and mortal.
5. The people are before the King, and may be without the King, and therefore must be of more worth then that which is posterior, and cannot be a King without them.
2. The people in power are superior to the King, and that upon these reasons: 1. Because every efficient and constituent cause is more excellent then the effect: every mean is inferior in power to the end. But the people are the efficient cause,Isa. 3. 7. the King is the effect, the people are the end both intended of God to save the people, to be a healer and physitlan to them.
2. Common reason, Law, and experience, manifests that the whole, or greatest part in all politick or natural bodies is of greater power and jurisdiction, then any one particular member. Thus in all corporations the Court of Aldermen and Common-Councel is of greater power then the Major alone, though the chief officer: so the whole Bench, then the Lord chief Justice, and the whole Councel then the President.Pol, lib. 1 C. 2. & l. 3. c. 8. And it is Aristotle’s expresse determination, Majorum rerum &illegible; jure populo tribuitur. The King (as we sayd just now) is but a part or member (though I grant a very noble and eminent member) of the Common-wealth.
3. The Soveraign Power to make Laws, and so a power eminent in their states representative, to govern themselves, is in the people. Ergo,
4. Those who can limit power, and bind royal power in elected Kings, they in power are superior to Kings. Peter speaking of Kings and their Supremacy, cals them a creature or humane ordinance, because it took its originall and rise from men,1 Pe, 2. 13. and can be bound, limitted, or restrained, as they see occasion.
Coverruniae a great Lawyer saith,Cover. Tom. 2. pra. quest, c. 1. n. 2. 3. That all civil power is, penes remp. in the hands of the Common-wealth; and it is a received principle, That Soveraign Power, eminently, fontaliter, originally, and radically, is in the people.
But it is objected, The people have made over their right, and whole power to the King, all is freely given up into his hands, and so may not retract or take back what they have once given.
Answ. 1. It is a thing neither probable nor credible that any free people when they voluntarily incorporated themselves into Kingdoms, and of their own accord set up an elective King over them, that there was such a stupidity and madnesse in them, as absolutely to make away their whole power to the King and his heirs for ever, and to give him an entire, full, and incontroulable Supremacy over them, and so to make the Creature superior to the Creator, the derivative greater then the primative, the servant more potent than themselves, and so of free-men to make themselves slaves, and for their more safety to be more enslav’d.
2. People cannot by the Law of nature resign up their soveraign and popular power, authority and right, into the hand of a King: for neither God, nor natures Law, hath given them any such power.
3. He who constituteth himself a slave is supposed to be compelled to that unnatural fact of alienation of that liberty which he received of God, from the womb, by violence, constraint, or extream necessity, and so is inferiour to all free-men: but the people do not make themselves slaves, when they constitute a King over them.
4. If the people give all power away: 1. What power is then left them to make a new King when this man dies? 2. If the King turn distracted, or like Nebuchadnexer his reason be taken from him: what then? or if he turn Tyrant, and destroy his subjects with the sword? In a word, If the King be absent and taken captive, the people having given all their power away, there can be nothing done in such and many the like cases, for their own safety.
5. He who sweareth to the people to be regulated by law and taketh the Crown Covenant-wise, and so as the people would refuse to make him their King, if either he should refuse to swear, or if they knew certainly that he would break his oath, he had never the whole power of the people resigned up unto him.
6. Though the people should give away their power, and swear, though the King should kill them all, they would not resist, nor defend their own lives though he should commit the vilest wickednesse that was ever heard of, yet they would not question him for it; this should not obliege the conscience, for it should be intrinsecally sinfull, and an oath directly against the law of God.
7. These are known rules in law, nature, and reason, Nemo plus iurus ad alium transferre potest quam ipse haberet. No man can give to another of right more than that which he hath. Again, Non debet actori licere, quod reo non permittitur: so Alterius circumventio alii non præbet actionem. So likewise, Non debet alteri per alterum iniqua conditio inferri. If the father have resigned his whole right of liberty in the hand of the King, yet could he not take in his posterity with him, neither obliege them in point of equity and conscience to confirm and observe what against the law of nature he had done, but his children afterwards might lawfully, yea and ought to stand fast in the liberty which the law of God, nature, and nations had made them free, and not be entangled in the slavish yoke and bondage of their father. Nullus videtur dolo facere, qui suo jure utitur.
I shall here conclude this point with a few observations. 1. Seeing the servant is no better than his Lord: Kings may as lawfully be punished for their crimes as other men: because in dignity and power they are inferior to the people: they are the Ministers and Servants of the Common-wealth, not Masters of the State, which title good Kings did never scorn, nay evil Princes have affected that name, and for some ages none of the Roman Emperours (unless those who were most manifest wicked, and notorious professed tyrants, as Caligula, Nero, Domitian) would be called Lords.
2. If the King as King, be the peoples Creature, they his Creator, then by the same power they may un-king him: For eodem modo quid constituitur dissolvitur, in what manner a thing is constituted it may be dissolved. Again, Omnia quæ jure contrahuntur contrario jure pereunt.
3. Whosoever grants that the King in power is inferior to the people, he must necessarily grant that by this power duly and rightly administred, a King for treason and murder may lawfully be put to death, for it is absurd and irrational to say, there may be a power, and the due executing of it unlawful.
4. If our forefathers in times past have given away all their power and right to Kings, and have sworn not to punish them for tyranny and misgovernment, it concerns us not, neither are we tied to such engagements, oaths, promises which they have made, but in point of conscience, law and reason, are free to use our own due power, as occasion shall be offered.
13 obiect Th. San. Ma. Tom. 1. l. 2. dis. 15. n. 3.As the King is above the people in dignity and power, so say Royallists, he is absolute, and hath a prerogative above all law. Such a plenitude and fulnesse of power (saith Sanches) as subject to no necessity, Nulliusq. publici juris regulis limitatus and bounded with rules of no publick law. And so Baldus before him. Ulpian saith, The Prince is loosed from laws.Bald. l. 2. n. 40. c. de f. & aqua. Vlpian, I. de regib. Bodin de Rep. l. 7. cap. 20. Bodin Nemo imperat sibi, no man commandeth himself. Tholosanus saith, Ipsius dare non accepere: the Prince giveth lawes, but receiveth none. Donellus distinguisheth betwixt a law, and a Royal law proper to the King. Trentlerus saith, The Prince is freed from laws, and that he obeyeth laws, de honestate non de necessitate, upon honestie, not of necessity: And with him Soto, Gregorius de valentia and other School-men, subject the king to the directive power of the law,Don. l. x. com. c. 17. Tren, vol. 1. 79. 8. and liberate him of the coactive power of the law.
It is reported of one Licas and Thrasilius, being cured by Physicians of the Phrenfie and phantastical conceits, grew afterwards very angry with their friends because they left them not alone in their former foolish condition. I know there is little thanks to be expected from the Kings of the earth, by seeking to remove that State destroying principle which their Court-flatterers have put into them, as, Absoluteness, a prerogative above law, not under power of any jurisdiction &c. neverthelesse, the work being useful and necessary for the publick good, it is fit it should be taken in hand.
That God hath given no absolute and unlimitted power to a King above law, is cleerly proved thus:
1. He is appointed of God,Deut. 17, 18, 19. even when he sitteth on the throne, to take heed to read on a written copy of Gods Law, that he may learn to fear the Lord &illegible; God, and keep all the words of thu Law. Notwithstanding the greatnesse of the affairs of his Kingly office, he must read the Law, the more carefully to observe and obey it in every particular, for the ordering of his own life, and for the government of the people.
2. Whatsoever power a King hath, he hath it from the people, and all the power they gave him, is a legal and lawful power, to guide themselves in peace and godlinesse, and save themselves from uniust violence, by the benefit of Rulers, and therefore to claim a power above Law, or to use a tyrannical power against the people for their hurt and destruction, or to be exempted from punishment, is not only against the peoples intention in their election, but such a power as they never gave him, never had, never could give, for they cannot give what they never had, and power to destroy themselves, they never had, nor to save any man, who should commit such crimes, as by the Law of God and nature deserveth death. I say such a power the people never had, never gave him, and so consequently a King hath it not.
3. The Law saith, Ilud possimus quod jure poscimus. Again, it is no power which is not a lawfull power, and therefore if a King murder the innocent, and do acts of sinfull iniustice, this tyrannicall power is not from God, otherwise then by way of permission, as a power to sin, in devils and men is; and therefore such a power is restrainable and punishable by the subiect, as being a power, I say, not from God at all.
4. Note the conditions tacite or expresse, upon which the Prince receiveth the crown: For &illegible; conditionatum, aut promissie conditionalis mutua, facit &illegible; alteri in alterum; a mutual conditional covenant giveth Law and power over one to another: I ask then, why a subject breaking his covenant with the King by treason or rebellion, should be punished for it justly; and the King breaking his covenant and oath with the people in degenerating into a tyrant, and murdering the innocent, should not be punished likewise: Specially seeing it is acknowledged,Rutl plea for the people, quest. 26. pag. 234. l. nemo 37. l. 21. &illegible; jur l. ille a quo 13. S. That the States of the Kingdom who gave him the crown are above him, and they may take away what they gave him, at the Law of Nature and God saith, Qui habet potestatem constituendi, esiam & &illegible; adimends.
5. If the King turn a paricide, a lyon, a waster, and a destroyer of the People, as a man he is Subject to the coactive Laws of the land; if any thing should hinder that a Tyrant should not be punished by law, it must be, either because he hath not a superior, but God, or &illegible; potest a se ipso cogi: but this ground is false and absurd, for a politick society, as by natures instinct, they may appoint a head or heads to themselves, so also if their head or heads become ravenous wolves; the God of nature hath not left a perfect society, and free people remedilesse, but they may arraign and punish the head or heads to whom they gave all the power that they have for their good, not for their destruction.
6. Where ever there is a covenant and oath betwixt two equals; yea, or superiors and inferiors, the one hath some coactive power over the other. If the father give his bond to pay the son a thousand pounds, as his patrimony; though before this ingagement the father was not oblieged, but only by the law of nature to give a patrimony to his son: yet now by a politique obligation of promise, covenant, and writ, he is so oblieged to his son, to pay a thousand pound, that by the Law of Nations, and the civil law, the sonne hath now a coactive power by law to compel his father, though his superior, to pay him so much of his patrimony. Even so (though it should be granted (which I shall never grant) that the King stands superior to his Kingdom and States, yet it the King come under covenant with his Kingdom (as ours have don) he must by that come under some coactive power to fulfill his covenant: for omne promissum (saith the Law) cadit in debitum, what any man doth promise falleth under debt. If the Covenant be politique and civil, then the King must come under a civil obligation, to perform the covenant, and though there be none on earth superior to King and people to compel them both, to perform what they have promised; yet de jure by the law of nations each may compel the other to mutual performance. And this is cleer, 1. By the law of Nations, if one nation break covenant with another, though both be Independant, yet hath the wronged Nation power, de jure, to presse performance, and to force the other to keep covenant, or punish them for violation.
2. This is proved from the nature of a promise or covenant,Pro. 6. 1, 3 described by Soloman, My son, if thou be surely for thy friend, if thou hast stricken thy hand with a stranger: Thou art shared with the words of thy mouth, and art taken with the words of thy mouth. The meaning is, by a word of promise and covenant, the creditor hath coactive power, though he be an equal or an inferior to the man who is surety, even by law to force him to pay, and the Judge is obliged to give his coactive power to the debtor, that he may force the creditor to pay. If then the King (giving, not granting he were superior to his whole Kingdom) come under a covenant to them, to preserve their rights, lives, liberties: but contrarywise destroys their persons, goods, cities, by sword, plunder, and fire, by his commissions granted to inhumane malignants and bloody Irish, they have power to compel him to give satisfaction.
3. The law shall warrant to loose the vassal from his lord, when his lord hath broken his covenant. Hippolius in L. Si qun viduam, col. 5. & dixir de yuæst. l. Si quis major, 41. & 161. Boltol. n. 41. The Magdeburgens. in libel. de Offic. Magist. Imperatores & Reges esse Primarios vassallos imperis, & Regns, & proinde si feloniam contra Imperium, aut Regnum commistant, feudo prioari, proinde ut alias vasallos.
14 obie.I find this to be a main objection, That there is no law for subjects to put their Kings to death, for any crime. It is (saith Bodin) a great difference to say that a King may be lawfully slain, by a strange Prince, or by his Subjects
It is no commendation or grace given to the law, that it should be like the spiders web, that catcheth the little flies, and lets the greater escape.
But to answer. 1. It is an error and a great mistake, to say, that the Commons in the house of Parliament, or the representative Kingdom are subjects to the King. This I utterly deny, to wit, as they are Judges, there, to be subjects to the King, neither doe they Judicially convent his Person before them, censure and iudge him to death, (quatenus) as subiects: but thus, He being a minister, a steward, or servant of the people, and they representing the whole body of the people, doe call him to an account, not as Subiects to him, but indeed as his lord and master, and so have a Soveraign power to iudge him to death, if his crimes deserve the same.
2. In point of law Bodin gives us the whole cause,Ibid. for he confesseth Where the Prince that bears rule is not an absolute Soveraign, but the Soveraignty is either in the people or Nobility: in such a case (saith he) there is no doubt, but it is lawfull to proceed against a Tyrant in way of justice, and to put him to death: and gives for it the example of Nero and Maximinius. That the Kings of England have not been absolute Monarchs, but the Supreame Soveraigoty resided in the people, is a thing certainly known, and so abundantly proved by other hands, as there cannot be any shew of reason brought against it.
3. Seeing the King is under law, and the representative of the people above the King to proceed in iustice against him, hence it will necessarily follow, that the King by law, may lawfully be put to death: for the law saith,A. de le. l. non ideo minns. the highest or supreamest Judge upon earth, cannot pardon and free the guilty of the punishment due to him.
Rom. 3, 4 Deu. 1. 17.And the reason is, he is, but the minister of God, a revenger to execute wrath upon him that doth evil. And if the judgment be the Lords, not mans, not the Parliaments, as indeed it is not, he cannot then draw the sword against the innocent, nor absolve the guilty, except the would take upon him, to be wiser then God, respect persons in judgment, and dispose of that which is proper to his master, Now sure it is, God only univecally and essentially as God, is judge; and God only and essentially, and all men in relation to him, are ministers, legates, deputies, servants, I say, in relation to him, equivocally and improperly Judges, and meer created, and breathing shadows of the power of the King of Kings. And look as the Scribe following his own devise and writing, what sentence he pleaseth, is not an officer of the court in that point, nor the pen and servant of the Judge: so the Supream Councel of State, and Representative of the Kingdom arraigning the King for murder, Treason, and other high misdemeanors, would be but forged intruders and bastard Judges, and go contrary to Law, so far as they gieve notthevery sentence of God, and are not the every month of the Iudge of Heaven and Earth, to pronounce such a sentence as the Almighty himself would do, if he were sitting on the throne or bench.
4. Howsoever there be some solemoiries of the Law, from which the King may be free, which indeed are not Laws (as Prickman proveth) but some circumstances belonging to the Laws: Nevertheles,D. c. n. 78 if a king commit murder, adultery, theft, and be a traitor, a wasser, and destroyer of his people, their goods, lives, Laws, Liberties, contrary to his oath and Coronation Covenant, in this case I confidently affirm, there is no law (that hath reason, equity, or justice for its bottom and ground) against the putting of such a King to death by the great Councel of State (as we have formerly shewed) above him. And the reason is cleer, for the people have no power to make a law, that the King shall not &illegible; by the hand of Justice what wickednesse soever he should commit.
5. I would gladly be informed by any Iurist, or Statist, If a Tyrant without a title may be killed, yea by a private man; why a Tyrane that hath lost his right and title to the Crown, by the highest Judicature in the Kingdom, may not lawfully be put to death.Ut L. & vim F de Justit. & jure ubi plene per omnes. For the first, the law gives it, and it is so generally held by Vasquez, Barelay and others. And for the latter, observe what Royalists themselves acknowledge, Wingeun against Bucban, saith of Nero, that he seeking to destroy the Senate and People of Rome, and seeking to make new lawes for himself, excidit jure Regni, lost all right to the kingdom. And Barelay saith a Tyrant such as Caligalas spoliare se jure Regni.Vasq. l. 1 c. 8 n. 33. Bar. cont. Monar. l. 4. cap. 10 pag. 286. Wintzet. adv. Buc. p. 275. spoileth himself of the right to the Crown. So Grotius, Si Rex hostise unimo in totius populi exitium feratur emittit regnum, If he turn enemy to the kingdom for their destruction he loseth his kingdom: because (saith he) Volunter imperandi, & &illegible; perdendi, simul &illegible; non possunt. A wil or mind to govern and to destroy, cannot consist together in one.
6. The cutting off of a contagious member, that by a Gangreen would corrupt the whole body is well warranted by nature and reason: for the safety of the whole is to be preferred before a part. But here perhaps, it will be objected, cut off a mans head,Groti. de jure bell. & pac. l. 1 cap. 4. and the life of the body is taken away; so the King being the head, destroy him, and the whole body of the Common-wealth is dissolved. I answer. God curteth off the spirits of Tyranhons Kings and yet the Common-wealth is not dissolved: For 1. This or that tyrannous King being a transient mortal thing, cannot be referred to the immortal Common-wealth, as it is adequate correlate. 2. If all the Kings of the earth were reinoved, yet the Common-wealth would not leave off to be a body, it would be only a casting off of one form of Government for another, the worser for the better; but the natural body without the head cannot live.
Lastly, Mr. Pryn civing some Law-Books, where the King is said to be the only Supream Governor of this Realm,Soveraign power of Parl, l. 1. p. 104. 105. hath no Peer in his Kingdom, ought not to be under man. Thus answereth, 1. That the meaning of al these books is, the king is above every one of his Subjects particularly & distributively as single men: but if we take them collectively in Parliament, as they are one body, and represent the whole kingdom, then they are above the King, and may, yea, ought to restrain and question his actions, his male-Administrations, if there be just cause. 2. Bracton explains himself how he is highest and without a Peer, to wit, in distributing justice, that is, he is the highest Iusticiar in the Kingdom, but as the Law as any in receiving justice. And for the Oath of Supremacy, it relates to the Popes forraign Princes authority &illegible; formerly usurped in this Realm, and not at all to be referred to Parliaments, or their jurisdiction, power, superiority, preheminence, or authority, not so much as once thought of by the subscribers of this Oath, which had its creation and authority from the Parliament.
15. ObjeSome say, For people to adjudge their King to death, is without example, either in Scripture or humane history.
Answ. 1. We argue this negatively, this is neither commanded, not practised, nor warranted by promise: Ergo. It is not lawfull, But this is not practised in Scripture: Ergo. It is not lawfull, It followeth not. I read not in all the word of God, of a man put to death, for lying with a beast, for witchcraft, for tempting the people to go a whoring and serving a false God; yet these things are written, and are all divine precepts.
2. Physitians say, that that Physick which only stirs the humors, and doth not carry them away, leaves the body worse then it found it: so it hath been seen by often and wofull experience, when the States of a kingdom have only stirr’d their Princes by opposing and refusting their tyranny and misgovernment, and not cut them off, they have brought upon themselves and the whol Realm the more mischief and miserv afterward.
3. Former examples are no binding rules to us, otherwise then we see men have acted according to reason, religion, Law; for wherein soever they differed from these things, therein ought we to differ from them. 4. If kings formerly have not judicially been put to death for murder, treason, and other capital crimes, it is the more needfull and usefull that such a thing should now be don, that all other Nations far and neer may hence know and learn, what their duty is, and what they may lawfully do, in point of Law and conscience, and not stand stil as if they were beasts in a base and sencelesse slavery and longer.
But Fiftly. To speak more directly to the objection, There is no new thing under the sun.Matth. Par. pag. 273, 274. 275. We have many examples of Emperours & Kings which have judicially been condemned & put to death by the Soveraign power of the people. Not to speak of Nero mentioned before: nor of our King John who was condemned to death by a Parliament in France, for slaying his Nephew Arthur treacherously with his own hands, and likewise to lose the Crown of England. It is said of Amaziah king of Iudah 2 King. 14. 19. That they made a conspiracie against him in Jerusalem, and he fied to Lachish, but they sent after him to Lachish and flew him there. Not privately, but openly, as acted by publick authority for his great impiety, and having broken his Oath and Covenant: whereupon we reade not of any complaint, inquisition, proceeding, or punishment inflicted on those that flew him after his death either by the people, or his children, as there was upon those that flew king Amon: but being slain, They (to wit, the persons who had put him to death) brought him on horses, and he was buried in Jerusalem: and all the people of Judah made Ahaziah King. Which plainly shows that what was formerly done by the greater part of the State at Jerusalem, was afterward confirmed by Common-consent, and executed by command of those which might lawfully do it.
In like manner Andronieus, was apprehended, deposed, & put to death by the people for his tyranny and oppression.Nic. Chr An nales fol. 52. So Iulianus, not only deprived of the Empire, but authoritatively commanded to be stain in his pallace. Heliogabulus. (that monster of mankind) was by the Prætorian Soldiers,Grimst. Emp. hist pag. 160. Reg. Sco Buchan. lib. 4. pa. 111. put to death with the Senate and peoples approbation. Dardan King of Scotland by the unanimous consent of the Nobles and people had his head cut off (which they carried about for a laughing-stock) and threw his corps into a jakes, after he had reigned 4. years, Lucktock the 22 King of Scotland, for his vitious and base life was convented before an assembly of the chief men and slain with the instruments of his wickedness. Eugenim the 8. another of their Kings, was for his filthy lusts, covetousness, and cruelty,ib. p. 113. slain in the assembly of his Lords, by their general consent, and his companions in villany and wickednesse hanged:pag. 165. Et ipsi gratum populo speculatum præbuere: which was a grateful spectacle to the people.
So Agis and Pausanias two Lacedemonian Princes put to death by the people.Mun. cos. l. &illegible; c. 37. P. 1248. So the Thracian Kings for their offences by publick consent were punished with death. The usual practice of the Sabæans was to stone their Kings, if they highly transgressed and went beyond their bounds. If need were, it might be shewed out of Histories and approved Authors, that the Athenians, Ionians, Melestans, Marchomannt, Quadi. Persians, Sicilians, Corinthians, Parthians, Merces, Gardii, Medes,&illegible; ab &illegible; l. 4. &illegible; fol. &illegible; &illegible; & Gibel. pli l. 4. Alex. l. 6. c. 4. Plut. in Arat. Val. Paphis, Cathians, Ethiopians, Sidonians, Germanes, Swedes, Danes; and antiently even all other Nations, not only prescribed laws, and lim. &illegible; to their Kings, but cald them usually to an account for their &illegible; and oft times put them to death when they saw cause.
6. The putting to death of Tyrants in former times hath been held so lawful and honorable, as large rewards have been propounded to the undertakers and authors thereof, and to the living they have given the goods of the Tyrant as to the deliverer of their Country, and honored the dead with Epitaphs, and Statutes of hrasse, as in Athens,Max. l. 2. c. &illegible; L. 3. & L. om’ ne delictũ, Sect. ut F. de re mil. Harmodius, and Aristogiton, together with Brutut, and &illegible; in Greece Aratus the Sycieman, and thus by publick Decree of their States, because they had freed their several countries from the tyranny of &illegible; Cæsar, Nicoebis, yea, those monuments of Tyrant-killers by antiquity were so honored and highly esteemed of, as they placed them in their Temples on sacred banqueting beds: And when Xerxos (having vanquished tho Athenians) had carried away with him the Statutes of Harmodius and Aristogiton into his own country: Seleucus one of the successors of Alexander the great King of Syria, caused them with all diligence to be carried back again, and to be set up in their own places.
In Norway antiently they had this custom,Gul. Neu brig. l. 3. cap. 6. That whosoever flew a Tyrant King, was thereby made a King. And what the Poet wrote was the opinion then, and common saying of the people.
——Victima haud ulla amplior
Potest, magisve opima mactari Iovi
Quam Rex iniquus.
To God no better offering can men bring,
Nor fatter, than a wicked Tyrant King.
For conclusion: This only I shall add, to say, There is not an example any where of the like practice. If it be meant not so judicially and according to the strict rule and form of law, I confesse there may be much truth in it: For commonly heretofore, amongst all Nations, Iewes. Turks, Papists, Heathens, &c. People observed not the manner as matter, they thought Tyrants so worthy of death, as they did not much mind how and in what way to cut them off, so they were destroyed; hence it came to passe, that few tyrannous princes in old time ever died a natural death, but either by their subjects, or their means were slain in warre, or by some private hand made out of the way: which gave Iuvenal occasion to say,
Ad generum Cerevis sine &illegible; & &illegible; &illegible;
&illegible; Reges & sicea &illegible; &illegible;
Few Tyrants unto Plutoes &illegible; go
But that are thither sent by bloody blow.
And therefore this late proceeding against the King, seeing it was so legal, it shall live and remain upon record to the perpetual honor of our English State, who took no dark or doubtful way, no indirect &illegible; but went in the open and plain path of Justice, Reason, &illegible; and Religion: and in this regard they need not fear the reproaches and falshood of malitious tongues and &illegible; for as God doth approve their work, and owns it, so he will defend them, his, and their Cause in spight of all treacherous and wicked Designs, either of Men or Devils.
The end of the First Part.
Endnotes
[a] Grot. de Jur. bel. & pac. lib. 1. c. 4. n. 3.
[b ] Barcl. cont. mon l. 2. p. 64.
[c ] Arnis. de fur. 6. Mal. c. 1. n. 3. p. 157. 158.
[d ] Dr. Fern 3. p. Sect. 2. p. 10.
[a ] 2 Kng. 17. 26. Gen. 40 13. Exod, 21, 19. 1 Sam, 27, 11.
[b ] 1 Sam, 2, 13, 1 Kings 18, 28,
[a ] Is. 15. 4. Ha. 2. 11. Deut. 22. 24.
[b ] Zec. 7. 12. Psal. 18. 41.
[a ] 1 King 15. 7. Josh 1. 7. 18, 1 Sam. 18. 17.
T.182 (6.3) John Lilburne, Englands New Chains Discovered (26 February 1649).↩
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ID NumberT.182 [1649.02.26] (6.3) John Lilburne, Englands New Chains Discovered (26 February 1649).
Full titleJohn Lilburne, Englands New Chains Discovered; or The serious apprehensions of a part of the People, in behalf of the Commonwealth; (being Presenters, Promoters, and Approvers of the Large Petition of September 11. 1648.) Presented to the Supreme Authority of England, the Representers of the people in Parliament assembled. By Lieut. Col. John Lilburn, and divers other Citizens of London, and Borough of Southwark; February 26. 1648. whereunto his speech delivered at the bar is annexed.
Estimated date of publication26 February 1649.
Thomason Tracts Catalog informationTT1, p. 726; Thomason E. 545. (27.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
Since you have done the Nation so much right, and your selves so much honour as to declare that the People (under God) are the original of all just Powers; and given us thereby fair grounds to hope, that you really intend their Freedom and Prosperity; yet the way thereunto being frequently mistaken, and through hast or error of judgement, those who mean the best, are many times mis-led so far to the prejudice of those that trust them, as to leave them in a condition neerest to bondage, when they have thought they had brought them into a way of Freedom. And since woful experience hath manifested this to be a Truth, there seemeth no small reason that you should seriously lay to heart what at present we have to offer, for discovery and prevention of so great a danger. And because we have bin the first movers in and concerning an Agreement of the People, as the most proper and just means for the setting the long and tedious distractions of this Nation, occasioned by nothing more, than the uncertainty of our government; and since there hath bin an Agreement prepared and presented by some Officers of the Army to this honourable House, as what they thought requisite to be agreed unto by the People (you approving thereof) we shall in the first place deliver our apprehensions thereupon.
That an Agreement between those that trust, and those who are trusted hath appeared a thing acceptable to this honorable House, his Excellency, and the Officers of the Army, is as much to our rejoycing, as we conceive it just in it self, and profitable for the Common-wealth, and cannot doubt but that you will protect those of the people, who have no waies forfeited their Birth-right, in their proper liberty of taking this, or any other, as God and their own Considerations shall direct them.
Which we the rather mention, for that many particulars in the Agreement before you, are upon serious examination thereof, dissatisfactory to most of those who are very earnestly desirous of an Agreement, and many very material things seem to be wanting therein, which may be supplyed in another: As
1. They are now much troubled there should be any Intervalls between the ending of this Representative, and the begining of the next as being desirous that this present Parliament that hath lately done so great things in so short a time, tending to their Liberties, should sit; until with certainty and safety they can see them delivered into the hands of another Representative, rather than to leave them (though never so small a time) under the dominion of a Councel of State; a Constitution of a new and unexperienced Nature, and which they fear, as the case now stands, may design to perpetuate their power, and to keep off Parliaments for ever.
2. They now conceive no less danger, in that it is provided that Parliaments for the future are to continue but 6. moneths, and a Councel of State 18. In which time, if they should prove corrupt, having command of all Forces by Sea and Land, they will have great opportunities to make themselves absolute and unaccountable: And because this is a danger, than which there cannot well be a greater; they generally incline to Annual Parliaments, bounded and limited as reason shall devise, not dissolvable, but to be continued or adjourned as shall seem good in their discretion, during that yeer, but no longer; and then to dissolve of course, and give way to those who shall be chosen immediatly to succeed them, and in the Intervals of their adjournments, to entrust an ordinary Committee of their own members, as in other cases limited and bounded with express instructions, and accountable to the next Session, which will avoid all those dangers feared from a Councel of State, as at present this is constituted.
3. They are not satisfied with the clause, wherein it is said, that the power of the Representatives shall extend to the erecting and abolishing of Courts of justice; since the alteration of the usual way of Tryals by twelve sworn men of the Neighborhood, may be included therein: a constitution so equal and just in it self, as that they conceive it ought to remain unalterable. Neither is it cleer what is meant by these words, (viz.) That the Representatives have the highest final judgement. They conceiving that their Authority in these cases, is onely to make Laws, Rules, and Directions for other Courts and Persons assigned by Law for the execution thereof; unto which every member of the Commonwealth, as well those of the Representative, as others, should be alike subject; it being likewise unreasonable in it self, and an occasion of much partiality, injustice, and vexation to the people, that the Lawmakers, should be Law-executors.
4. Although it doth provide that in the Laws hereafter to be made, no person by vertue of any Tenure, Grant, Charter, Patent, Degree, or Birth, shall be priviledged from subjection thereunto, or from being bound thereby, as well as others; Yet doth it not null and make void those present Protections by Law, or otherwise; nor leave all persons, as well Lords as others, alike liable in person and estate, as in reason and conscience they ought to be.
5. They are very much unsatisfied with what is exprest as a reserve from the Representative, in matters of Religion, as being very obscure, and full of perplexity, that ought to be most plain and clear; there having occurred no greater trouble to the Nation about any thing than by the intermedling of Parliaments in matters of Religion.
6. They seem to conceive it absolutely necessary, that there be in their Agreement, a reserve from ever having any Kingly Government, and a bar against restoring the House of Lords, both which are wanting in the Agreement which is before you.
7. They seem to be resolved to take away all known and burdensome grievances, as Tythes, that great oppression of the Countries industry and hindrance of Tillage: Excise, and Customs, Those secret thieves, and Robbers, Drainers of the poor and middle sort of People, and the greatest Obstructers of Trade, surmounting all the prejudices of Ship-mony, Pattents, and Projects, before this Parliament: also to take away all Monopolizing Companies of Marchants, the hinderers and decayers of Clothing and Cloth-working, Dying, and the like useful professions; by which thousands of poor people might be set at work, that are now ready to starve, were Marchandizing restored to its due and proper freedom: they conceive likewise that the three grievances before mentioned, (viz.) Monopolizing Companies, Excise, and Customes, do exceedingly prejudice Shiping, and Navigation, and Consequently discourage Sea-men, and Marriners, and which have had no smal influence upon the late unhappy revolts which have so much endangered the Nation, and so much advantaged your enemies. They also incline to direct a more equal and lesse burdensome way for levying monies for the future, those other fore-mentioned being so chargable in the receipt, as that the very stipends and allowance to the Officers attending thereupon would defray a very great part of the charge of the Army; whereas now they engender and support a corrupt interest. They also have in mind to take away all imprisonment of disabled men, for debt; and to provide some effectual course to enforce all that are able to a speedy payment, and not suffer them to be sheltered in Prisons, where they live in plenty, whilst their Creditors are undone. They have also in mind to provide work, and comfortable maintainance for all sorts of poor, aged, and impotent people, and to establish some more speedy, lesse troublesome and chargeable way for deciding of Controversies in Law, whole families having been ruined by seeking right in the wayes yet in being: All which, though of greatest and most immediate concernment to the People, are yet omitted in their Agreement before you.
These and the like are their intentions in what they purpose for an Agreement of the People, as being resolved (so far as they are able) to lay an impossibility upon all whom they shall hereafter trust, of ever wronging the Common wealth in any considerable measure, without certainty of ruining themselves, and as conceiving it to be an improper tedious, and unprofitable thing for the People, to be ever runing after their Representatives with Petitions for redresse of such Grievances as may at once be removed by themselves, or to depend for these things so essential to their happinesse and freedom, upon the uncertain judgements of several Representatives, the one being apt to renew what the other hath taken away.
And as to the use of their Rights and Liberties herein as becometh, and is due to the people, from whom all just powers are derived; they hoped for and expect what protection is in you and the Army to afford: and we likewise in their and our own behalfs do earnestly desire, that you will publikely declare your resolution to protect those who have not forfeited their liberties in the use thereof, lest they should conceive that the Agreement before you being published abroad, and the Commissioners therein nominated being at work in persuance thereof, is intended to be imposed upon them, which as it is absolutely contrary to the nature of a free Agreement, so we are perswaded it cannot enter into your thoughts to use any impulsion therein.
But although we have presented our apprehensions and desires concerning this great work of an Agreement, and are apt to perswade our selves that nothing shall be able to frustrate our hopes which we have built thereupon; yet have we seen and heard many things of late, which occasions not only apprehensions of other matters intended to be brought upon us of danger to such an Agreement, but of bondage and ruine to all such as shall pursue it.
Insomuch that we are even agast and astonished to see that notwithstanding the productions of the highest notions of freedom that ever this Nation, or any people in the world, have brought to light, notwithstanding the vast expence of blood and treasure that hath been made to purchase those freedoms, notwithstanding the many eminent and even miraculous Victories God hath been pleased to honour our just Cause withall, notwithstanding the extraordinary gripes and pangs, this House hath suffered more than once at the hands of your own servants, and that at least seemingly for the obtaining these our Native Liberties.
When we consider what rackings and tortures the People in general have suffered through decay of Trade, and deernesse of food, and very many families in particular, through Free-quarter, Violence, and other miseries, incident to warre, having nothing to support them therein, but hopes of Freedom, and a well-setled Common-wealth in the end.
That yet after all these things have bin done and suffered, and whilst the way of an Agreement of the People is owned, and approved, even by your selves, and that all men are in expectation of being put into possession of so deer a purchase; Behold! in the close of all, we hear and see what gives us fresh and pregnant cause to believe that the contrary is really intended, and that all those specious pretenses, and high Notions of Liberty, with those extraordinary courses that have of late bin taken (as if of necessity for liberty, and which indeed can never be justified, but deserve the greatest punishments, unless they end in just liberty, and an equal Government) appear to us to have bin done and directed by some secret powerful influences, the more securely and unsuspectedly to attain to an absolute domination over the Common-wealth: It being impossible for them, but by assuming our generally approved Principles, and hiding under the fair shew thereof their other designs, to have drawn in so many good and godly men (really aiming at what the other had but in shew and pretense) and making them unwittingly instrumental to their own and their Countries Bondage.
For where is that good, or where is that liberty so much pretended, so deerly purchased? If we look upon what this House hath done since it hath voted it self the Supreme Authority, and disburthened themselves of the power of the Lords. First, we find a high Court of Justice erected, for Tryal of Criminal causes; whereby that great and strong hold of our preservation, the way of tryal by 12. sworn men of the Neighborhood is infringed, all liberty of exception against the tryers, is over-ruled by a Court consisting of persons pickt and chosen in an unusual way; the practise whereof we cannot allow of, though against open and notorious enemies; as well because we know it to be an usual policy to introduce by such means all usurpations, first against Adversaries, in hope of easier admission; as also, for that the same being so admited, may at pleasure be exercised against any person or persons whatsoever. This is the first part of our new liberty. The next is the censuring of a Member of this House, for declaring his judgement in a point of Religion, which is directly opposite to the Reserve in the Agreement concerning Religion. Besides the Act for pressing of Sea-men, directly contrary to the Agreement of the Officers. Then the stoping of our mouths from Printing, is carefully provided for, and the most severe and unreasonable Ordinances of Parliament that were made in the time of Hollis and Stapletons reign, to gag us from speaking truth, and discovering the tyrannies of bad men are refered to the care of the General, and by him to his Marshal, to be put in execution; in searching, fining, imprisoning, and other waies corporally punishing all that any waies be guilty of unlicensed Printing; They dealing with us as the Bishops of old did with the honest Puritan, who were exact in geting Laws made against the Papist, but really intended them against the Puritan, and made them feel the smart of them: Which also hath bin, and is dayly exercised most violently, whereby our Liberties have bin more deeply wounded, than since the begining of this Parliament; and that to the dislike of the Souldiery, as by their late Petition in that behalf plainly appeareth. Then whereas it was expected that the Chancery, and Courts of justice in Westminster, and the Judges and Officers thereof should have bin surveyed, and for the present regulated, till a better and more equal way of deciding controversies could have bin constituted) that the trouble and charge of the people in their suits should have bin abated: Insteed hereof, the old and advanced fees are continued, and new thousand pounds Annual stipends alotted; when in the corruptest times the ordinary fees were thought a great and a sore burden; in the mean time, and in lieu thereof, there is not one perplexity or absurdity in proceedings taken away. Those Petitioners that have moved in behalf of the people, how have they bin entertained? Somtimes with the complement of empty thanks, their desires in the mean time not at all considered; at other times meeting with Reproches and Threats for their constancy and publike affections, and with violent motions, that their Petitions be burnt by the common Hangman, whilst others are not taken in at all; to so small an account are the people brought, even while they are flattered with notions of being the Original of all just power. And lastly, for compleating this new kind of liberty, a Councel of State is hastily erected for Guardians thereof, who to that end are possessed with power to order and dispose all the forces appertaining to England by Sea or Land, to dispose of the publike Treasure, to command any person whatsoever before them, to give oath for the discovering of Truth, to imprison any that shall dis-obey their commands, and such as they shall judge contumatious. What now is become of that liberty that no mans person shall be attached or imprisoned, or otherwise dis-eased of his Free-hold, or free Customs, but by lawful judgement of his equals? We entreat you give us leave to lay these things open to your view) and judge impartially of our present condition, and of your own also, that by strong and powerfull influences of some persons, are put upon these and the like proceedings, which both you and we ere long (if we look not to it) shall be inforced to subject our selves unto; then we have further cause to complain, when we consider the persons: as first, the chief of the Army directly contrary to what themselves thought meet in their Agreement for the People. 2. Judges of the Law and Treasurers for monies. Then 5. that were Members of the Lords House, and most of them such as have refused to approve of your Votes and proceedings, concerning the King and Lords. 2. of them Judges in the Star-chamber, and approvers of the bloudy and tyrannical sentences issuing from thence.
Some of your own House, forward men in the Treaty, and decliners of your last proceedings; all which do cleerly manifest to our understandings that the secret contrivers of those things doe think themselves now so surely guarded by the strength of an Army, by their dayly Acts and Stratagems, to their ends inclined, and the captivation of this House, that they may now take off the Vail and Cloak of their designes as dreadlesse of what ever can be done against them. By this Councel of State, all power is got into their own hands, a project which hath been long and industriously laboured for; and which being once firmly and to their liking established their next motions may be upon pretense of ease to the People, for the dissolution of this Parliament, half of whose time is already swallowed up by the said Councel now, because no obstacle lies in their way, to the full establishment of these their ends, but the uncorrupted part of the Souldiery, that have their eyes fixed upon their engagements and promises of good to the People, and resolve by no threats or allurements to decline the same; together with that part of the people in Citie and Countries, that remain constant in their motions for Common goods and still persist to run their utmost hazards for procurement of the same, by whom all evil mens designes both have, and are still likely to find a check and discovery. Hereupon the grand contrivers fore-mentioned, whom we can particular by name, do begin to raise their spleen, and manifest a more violent enmitie against Souldiers and People, disposed as afore-said, than ever heretofore, as appeareth by what lately past, at a meeting of Officers, on Feb. 22. last, at White-Hall, where after expressions of much bitternesse against the most Conscientious part of the Souldiery, and others, it was insisted upon, (as we are from very credible hands certainly informed) that a motion should be made to this House for the procurement of a Law enabling them to put to death all such as they should judge by Petitions or otherwise to disturbe the present proceedings; and upon urging that the Civil Magistrate should do it, It was answered, that they could hang twenty ere the Magistrate one. It was likewise urged that Orders might be given to seize upon the Petitioners, Souldiers, or others, at their meetings, with much exclamation against some of greatest integritie to your just Authority, whereof they have given continual and undenyable assurances. A Proclamation was likewise appointed, forbidding the Souldiers to Petition you, or any but their Officers, prohibiting their correspondencies: And private Orders to be given out for seizing upon Citizens and Souldiers at their meetings. And thus after these fair blossoms of hopefull liberty, breaks forth this bitter fruit, of the vilest and basest bondage that ever English men groan’d under: whereby this notwithstanding is gained (viz.) an evident and (we hope) a timely discovery of the instruments, from whence all the evils, contrivances, and designes (which for above these eighteen moneths have been strongly suspected) took their rise and original, even ever since the first breach of their Promises and engagements made at New Market, Triploe Heath, with the Agitators and People. It being for these ends that they have so violently opposed all such as manifested any zeal for Common Right, or any regard to the Faith of the Army, sentencing some to death, others to reproachfull punishments, placing and displacing Officers according as they shewed themselves serviceable or opposite to their designes, listing as many as they thought good, even of such as have served in Arms against you: And then again upon pretence of easing the charge of the People, disbanding Supernumeraries, by advantage thereof picking out, such as were most cordial and active for Common good; thereby moulding the Army (as far as they could) to their own bent and ends premised; exercising Martial Law with much cruelty, thereby to debase their spirits, and make them subservient to their wils and pleasures extending likewise their power (in many cases) over persons not Members of the Army.
And when in case of opposition and difficult services, they have by their creatures desired a Reconciliation with such as at other times they reproached, vilified, and otherwise abased; and through fair promises of good, and dissembled repentance gained their association and assistance, to the great advantage of their proceedings: yet their necessities being over, and the Common enemy subdued, they have sleighted their former promises, and renewed their hate and bitternesse against such their assistances, reproaching them with such appellations as they knew did most distaste the People, such as Levellers, Jesuites, Anarchists, Royalists, names both contradictory in themselves, and altogether groundlesse in relation to the men so reputed; meerly relying for releese thereof upon the easinesse and credulity of the People.
And though the better to insinuate themselves, and get repute with the People, as also to conquer their necessities, they have bin fane to make use of those very principles and productions, the men they have so much traduced, have brought to light: yet the producers themselves they have and doe still more eagerly maligne than ever, as such whom they know to bee acquainted to their deceipts, and deviations and best able to discover the same.
So that now at length, guessing all to be sure, and their own (the King being removed, the House of Lords nulled, their long plotted Councel of State erected, and this House awed to their ends,) the edge of their mallice is turning against such as have yet so much courage left them as to appear for the well establishment of Englands Liberties: and because God hath preserved a great part of the Army untainted with the guilt of the designes aforementioned, who cannot without much danger to the designers themselves be suppressed, they have resolved to put this House upon raising more new forces, (notwithstanding the present necessities of the People, in maintaining those that are already) in doing whereof, though the pretence be danger, and opposition, yet the concealed end is like to be the over-ballancing those in the Army, who are resolved to stand for true Freedome, as the end of all their labours, the which (if they should be permitted to do) they would not then doubt of making themselves absolute seizures, Lords and Masters, both of Parliament and People; which when they have done we expect the utmost of misery, nor shall it grieve us to expire with the liberties of our native Country: for what good man can with any comfort to himself survive then? But God hath hitherto preserved us, and the justice of our desires, as integrity of our intentions are dayly more and more manifest to the impartial and unprejudiced part of men; insomuch that it is no smal comfort to us, that notwithstanding we are upon all these disadvantages that may be, having neither power nor preheminence, the Common Idols of the world; our Cause and principles, do through their own natural truth and lustre get ground in mens understandings, so that where there was one, twelve moneths since, that owned our principles, we beleeve there are now hundreds, so that though we fail, our Truths prosper.
And posterity we doubt not shall reap the benefit of our endeavours, what ever shall become of us. However though we have neither strength nor safety before us, we have discharged our Consciences, and emptied our breasts unto you, knowing well that if you will make use of your power, and take unto you that courage which becomes men of your Trust and condition, you may yet through the goodnesse of God prevent the danger and mischief intended, and be instrumental in restoring this long enthralled and betrayed Nation into a good and happy condition.
For which end we most earnestly desire and propose, as the main prop and support of the work, that you will not dissolve this House, nor suffer your selves to be dissolved, until as aforesaid, you see a new Representative the next day ready to take your room; which you may confidently and safely insist upon, there being no considerable number in the Army or else-where, that will be so unworthy as to dare to disturb you therein.
2. That you will put in practise the self-denying Ordinance, the most just and useful that ever was made, and continually cryed out for by the people; whereby a great infamy that lies upon your cause will be removed, and men of powerful influences, and dangerous designes, deprived of those means and opportunities which now they have, to prejudice the publike.
3. That you will consider how dangerous it is for one and the same persons to be continued long in the highest commands of a Military power, especially acting so long distinct, and of themselves, as those now in being have done, and in such extraordinary waies whereunto they have accustomed themselves, which was the original of most Regalities and Tyrannies in the world.
4. That you appoint a Committee of such of your own members, as have bin longest establisht upon those rules of Freedom upon which you now proceed; to hear, examine, and conclude all controversies between Officers and Officers, and between Officers and Souldiers; to consider and mitigate the Law-Martial; and to provide that it be not exercised at all upon persons not of the Army: Also to release and repair such as have thereby unduly suffered, as they shall see cause: To consider the condition of the private Souldiers, both Horse and Foot in these deer times, and to allow them such increase of pay, as wherewithal they may live comfortably, and honestly discharge their Quarters: That all disbanding be refered to the said Committee, and that such of the Army as have served the King, may be first disbanded.
5. That you will open the Press, whereby all trecherous and tyranical designes may be the easier discovered, and so prevented, which is a liberty of greatest concernment to the Commonwealth and which such only as intend a tyrannie are engaged to prohibit: The mouths of Adversaries being best stopped, by the sensible good which the people receive from the actions of such as are in Authority.
6. That you wil (whilst you have opportunity) abate the charge of the Law, and reduce the stipends of judges, and all other Magistrates and Officers in the Common-wealth, to a less, but competent allowance, converting the over-plus to the publike Treasury, whereby the taxes of the people may be much eased.
7. But above all, that you will dissolve this present Councel of State, which upon the grounds fore-mentioned so much threatneth Tyrannie; and mannage your affairs by Committees of short continuance, and such as may be frequently and exactly accountable for the discharge of their Trusts.
8. That you will publish a strict prohibition, and severe penalty against all such, whether Committees, Magistrates, or Officers of what kind soever, as shall exceed the limits of their Commission, Rules, or Directions, and encourage all men in their informations and complaints against them.
9. That you will speedily satisfie the expectations of the Souldiers in point of Arrears, and of the people in point of Accounts, in such a manner, as that it may not as formerly, prove a snare to such as have bin most faithful, and a protection to the most corrupt, in the discharge of their trust and duties.
10. That the so many times complained of Ordinance for Tyths upon treble damages, may be forthwith taken away; all which, together with due regard shewed to Petitioners, without respect to their number and strength, would so fasten you in the affections of the people, and of the honest Officers and Souldiers, as that you should not need to fear any opposite power whatsoever: and for the time to come, of your selves enjoy the exercise of your Supreme Authority, whereof you have yet but the name onely; and be inabled to vindicate your just undertakings; wherein we should not onely rejoyce to have occasion to manifest how ready we should be to hazard our lives in your behalf, but should also bend all our studies and endeavours to render you Honorable to all future generations.
Febr. 26. 1648. Being ushered in by the Sergeant at Arms, and called to the Bar, with all due respects given unto the House, Lieutenant Colonel John Lilburn, with divers others, coming to the Bar next the Mace, with the Address in his hand, spake these words, or to this effect, as followeth.
M. Speaker,
I am very glad that without any inconvenience unto my self, and those that are with me, I may freely and cheerfully address my self to this honorable House, as the Supreme Authority of England (time was when I could not) and it much refresheth my spirit, to live to see this day, that you have made such a step to the Peoples Liberties, as to own and declare your selves to be (as indeed you are) the Supreme Authority of this Nation.
M. Speaker, I am desired by a company of honest men, living in and about London, who in truth do rightly appropriate to themselves, the Promoters, Presenters, and Approvers of the late Large London Petition of the 11. of Sept. last, (which was the first Petition I know of in England, that was presented to this honorable House against the late destructive Personal Treaty with the late King) to present you with their serious apprehensions; And give me leave (I beseech you) for my self and them, to say thus much; That for the most part of us we are those that in the worst of times durst own our Liberties and Freedoms, in the face of the greatest of our adversaries; and from the begining of these Wars, never shrunk from the owning of our Freedoms, in the most tempestuous times, nor changed our Principles: Nay Sir, let me with truth tell you, that to the most of us, our Wives, our Children, our Estates, our Relations, nay our Lives, and all that upon earth we can call Ours, have not bin so highly valued by us, as our Liberties and Freedoms; which our constant Actions (to the apparent hazard of our Bloud and Lives) have bin a cleer and full demonstration of, for these many yeers together.
And M. Speaker, give me leave to tell you, that I am confident our Liberties and Freedoms (the true and just end of all the late Wars) are so deer and precious to us, that we had rather our Lives should breath out with them, than to live One moment after the expiration of them.
M. Speaker, I must confess I am to present you with a paper, something of a new kind, for we have had no longer time to consider of it, than from Thursday last, and Warrants (as we are informed) issuing out against us to take us, from those that have no power over us; we durst not well go our ordinary way to work, to get Subscriptions to it, lest we should be surprised before we could present it to this honorable House, and so be frustrated in that benefit or relief that we justly expect from you; and to present it with a few hands, we judged inconsiderable in your estimation, and therefore chuse in the third place (being in so much hast as we were to prevent our eminent and too apparent ruine) in person to bring it to your Bar, and avowedly to present it here: And therefore without any further question, give me leave to tell you, I own it, and I know so doth all the rest of my Friends present; and if any hazard should ensue thereby, Give me leave resolvedly to tell you, I am sorry I have but one life to lose, in maintaining the Truth, justice, and Righteousness, of so gallant a piece.
M. Speaker, We own this honorable House (as of right) the true Guardian of our Liberties and Freedoms; and we wish and most heartily desire, you would rouse up your spirits (like men of gallantry) and now at last take unto your selves a magnanimous resolution, to acquit your selves (without fear or dread) like the chosen and betrusted Trustees of the People, from whom (as your selves acknowledge and declare) all just power is derived, to free us from all bondage and slavery, and really and truly invest us into the price of all our bloud, hazards, and toyls; Our Liberties and Freedoms, the true difference and distinction of men from beasts.
M. Speaker, Though my spirit is full in the sad apprehension of the dying condition of our Liberties and Freedoms: Yet at present I shall say no more, but in the behalf of my self and my friends, I shall earnestly entreat you to read these our serious Apprehensions seriously, and debate them deliberately.
Friends,
This we have adventured to publish for the timely information and benefit of all that adhere unto the common interest of the people, hoping that with such, upon due consideration, it will find as large an acceptance, as our late Petition of Sept. 11. 1648. And we thought good (in regard we were not called in to receive an answer to the same) to acquaint you, that we intend to second it with a Petition sufficiently subscribed, we doubt not with many thousands, earnestly to solicite for an effectual Answer.
T.183 (9.39) [W.J.], A Dissection of all Governments (1 March, 1649).↩
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ID NumberT.183 [1649.03.01] (9.39) [W.J.], A Dissection of all Governments (1 March, 1649).
Full title[W.J.], A Dissection of all Governments: or, an Answer to a Pamphlet, entituled, The Priviledges of the People, or Principles of Common Right and Freedome, briefly laid open and asserted in two Chapter, etc. By. W.J.
London, Printed in the Yeer. 1649.
1 March, 1649.
Thomason Tracts Catalog informationTT1, p. 727742; Thomason E. 545. (23.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
Text goes here
A Dissection of all Governments.
I Shall not undertake in so short a time as is necessary for the confutation of a Pamphlet, to tire my selfe and my Reader too with a punctuall Answer line by line to his Paper entituled, The Priviledges of the People, or Principles of common Right and Freedome briefly laid open and asserted in two Chapters, since I know that such an Answer must exceed the measure of a Pamphlet; and therefore I shall only anatomize all Governments as briefly and plainly as I can, that all people may have both the leisure and capacity of being my Judges, without the trouble of searching other books for the truth of my Citations.
THat Kings out of vanity and self-interest have frequently misapplyed that power intrusted to them by God and man, I shall not at all deny (though that is not to be applyed to our late renowned King neither) but if this be a rule for the abolishing of Monarchy, it will be as infallible for the dissolution of all Government, since that ambition, avatice, revenge, and all other imperfections in our natures, which may be assigned to Kings, as causes of misgovernment, are upon the same account to be expected from the naturall or accidentall corruption of every particular person in a number of Rulers, when they once come to the power of throwing off their disguises, and securely prosecuting their own interests. And if every private man be subject to the same corrupt will that a King is, what will this amount to in a multitude of Governours, when every one hath a distinct self-interest (as much as a King,) to provide for, not only of his own Family, but of all others his friends and allies, whose fortunes must be made up out of the publique stock, besides the prejudice (if not ruine) of those particular families that shall happen to have any controversies with them or any of their dependents, from the highest to the lowest. And what a transcendent tyranny this must necessarily be, when every Member hath the power of a King, to delay the justice of the poor people (if not totally to obstract it) I need go no further for an example then this present Parliament, which was a free election of as many supposed Patriots (at least enemies to Prerogative) as ever met together, and yet how soon, and to what an excesse of corruption, faction, and arbitrary power they grew (even in those things they had formerly complained of) is too evident to need any proof. There are too many wofull examples of people imprisoned without hearing for Delinquents, upon the least malicious suggestion or misinformation of their factious neighbours (from whom no quiet people can be free) that have not so much as in, their language appeared for the King or his Party; Besides the tyring of the poorer sort with a chargeable attendance, to the losse of their rights, for want of money or friends, or else because they must not be heard against the well-effected, that is, those of their faction and kindred. And the frequent bespeaking of Parliament-men for friends in businesses, be they right or wrong, who were quickly perswaded not only to do courtesies in that kind for their dependents, but for one another, and the active malice of one enemy to a poor Plaintife that can propose any thing to cause debates, and by consequence delay (which is the inseparable infirmity of all great Councells) shall (with the help of his faction) at any time hinder the course of Justice, if by an unjust sentence they do not rob men of their rights. To these naturall (and notorious known corruptions) both in this, and all other great Councells, bribery may very well be added, since I think it will not be denyed but the major part of mankind (if they be not positively dishonest) are to be obliquely led unto it by hope, fear or some error of judgement, and if so, what a fine game have the dishonester (who must necessarily be the craftier sort) to play, amongst a company of more plainde-aling, honest, foolish and cowardly people; we have found to our cost how well they can inrich themselves, and upon what really specious pretences, at least such as appear so to the humours of those they have to deal withall. But it will be alledged that (though a body once corrupt is not to be restored) as appears by the foulnesse of our present Parliament after so many purges; yet most of the foregoing inconveniences are to be prevented by due Elections and often changing of the Representatives. To this I shall give a more satisfactory Answer in it’s proper place in the following Chapter. But for the present I shall only say, that I am confident that there will never be a more free and impartiall Election of any Representative then was originally of this Parliament, at least whilst there is any Army in the Kingdome; And yet we see how they have proved. And to say truth there is no Government in the world that is not subject to much depravation; but since the worst of Governments is a shelter from the storme of confusion, (that many headed tyranny, that bears down all property before it,) we ought undoubtedly to chuse that least of evills which is freest from a generall oppression, and is the best established bay or protection from that universall inundation of ruine, called the liberty (though not the property) of the people, to do what they list, and be Judges not only of their own established Judges, upon the suddain motion of any springing faction amongst them, but of all controversies amongst themselves, according to the strength of their severall factions necessarily growing from the inconstancy, and variety of their particular opinions and interests.
But to conclude my Answer to this first Chapter, I think I need no farther inlarge my self; if it be granted that the avarice of one Family with its Councellors, allies and dependents of all kinds, may better be satisfied at the publique charge of a Kingdome, then of four hundred interests with the same apurtenances; and if it be as certain that ten men may resolve as wisely of any businesse as any number whatsoever, (especially in the administration of Justice according to known rules,) no doubt, for the case of the Subject in their dispatch, the convenience is so great as almost to ballance all other discommodities; besides if they must be bribed, lesse money will serve, as we have shewed, and they will in time be glutted, and if it be no lesse clear in politique affairs that (for the secret and suddain dispatch of them) the number must be reduced to a few, as appears by the State Committee at Darby-house, who have a greater trust reposed in them, and do daily act things of greater consequence to the Kingdome (without giving any account of them) then all the great Councell besides: and if the rule be the same for the Government of an Army by a Generall, who is an absolute Monarch, with such of his Councell as he pleaseth only to call, and that the maintenance of all Lawes and Rights must depend upon this or some such like arbitrary power, as too sadly now appears; then I say we may clearly and safely conclude, that it holds throughout for a certain truth, that a perpetuall Monarchy though with the worst of Kings, is a more easie & commodious Government, then a perpetuall Parliament, or Representative, and by consequence elective and alterable, Kings are by the same measure to be preferred before a changeable Representative or Parliament. Now whether an hereditary or elective Monarchy be to be preferred, or a mixt Government, will properly be the subject of my Answer to the following Chapter, being the last, and intituled,
TO overthrow the specious structure of this Title and following Chapter, appearing so beautifull and strong, but tending indeed to the ruine of all Order and Government, and by consequence of mankind, I must begin with the rotrennesse of its foundation, and shew how pernitious and false that Maxime, which hath so fair an outside, is, that all Government are fundamentally seated in the people, which I take to be the ground of all the following assertions, and, next to self-interest, the sad cause of all the late proceedings in this Kingdome, and therefore to clear it to all impartiall people, I shall begin first with the Will of God shewed in his first foundation for the good of man, directly oppotsie to this principle, though he hath permitted a kind of forms of Government since, as he hath allowed other miseries and confusions to fall upon us for our chastisement, the better to convince our extravagant fancies and inclinations, and reduce us to what he first thought fit for us; and next I shall make it appear in reason impossible to be a wholsome or a true Maxime. And to begin with the Creation of the world, I think no man will deny, &illegible; that it was as consistent with Gods insinite goodnesse, and as &illegible; for him, to have created a world of people at once, as one single Adam, had he not foreseen the turbulent factiousnesse and inconstancy of mans nature, tending to the alteration of all good things, and the destruction of one another; and therefore to &illegible; this confusion till their sins should more justly draw it upon them, be made one single man the possessor of the whole world, that (besides that Princely right) he might be the better &illegible; in the Monarchicall Government of the people that were to spring from him, by being a Father to them both in nature and experience. Behold here (all ye seekers of rapine and confusion &illegible; the shadow of liberty) this great and primitive work of your Creator for man before he had offended him. Wherein you so evidently perceive (not by his words in Parables) but the most universall of his actions, that this God of order &illegible; man for his Image as well in Monarchicall Government &illegible; in his personall resemblance. And (if we beleeve that what he in his providence hath most generally thought fit &illegible; all Ages, ought conscientiously to be so received by us) it is as notorious that the Fathers of the people after Adam, from whom so many Nations sprung, were absolute Monarchs; and that the generality of Governments even to this day have continued the same, except when he was pleased to scourge the world with the conquests and oppressions of the Romancs, or would shew his people the effects of their levity, presumption, and &illegible; Certainly any man that believes that the fall of a leafe is not without his particular providence, must necessarily be convinced by these evidences, especially when he hath in the Scripture given even to heathen Kings, as Cyrus and others, the attribute of his Annointed, which is a marke of his favour that will hardly be found for any other Government: But since all this will be nothing to those of our present Rulers, that believe the &illegible; to be but a good Romance, as most of them have shewed by their actions, and some by their expressions, it will be necessary to offer at a little reasoning with them, the nature and difference between the elective and changeable Government they aime at, with the power of the people therein, and a hereditary Monarchy.
And the better to make good my assertions by a chain of undeniable consequences; I must begin with the originall necessity of order and superiority; since it must be granted that the very word Government (in the best sence) must be an insupportable sound to the freedom of mans nature, if we could live without it. But since men were made with minds as different as their faces, and that self-love and interest is the most naturall and predominant of all mans thoughts & inclinations, and inseparable from any, which no other affection in us is, it must certainly follow without a Government, that the good and ill natures, more or lesse, must one with another be subject to murder, rob, deceive, and prejudice one another in all kinds that they can; for the ill-dispositions would do it for their recreations, as well as interest; and the good in their own defence, as finding so many oppressors, and by consequence having reason to suspect all, would be apt to strike first, to prevent the blow of another; and must, being rob’d of all, do it for their sustenance, and so, through suspition and hatred springing from necessity and perpetuall provocations, and the habite and fashion of doing ill, the best and worst would grow alike, were they not limited by Religion and Government; And so every mans neighbour would be as great a tyrant and enemy to his property as can be imagined. For this reason, as my adversary hath very well observed, were Kings found necessary by our Ancestors to protect them from these violences; As Tully (whom he cites) hath very well expressed, though Tully, being a Heathen, rather supposed them to have been elected, then as I have express’d, according to holy Writ, hereditary. But because, in the very next line, our opposite gives us so proper an example of the corruption of an elective King, I shall give it you in his own words. (We have an instance out of Herodian Clio, where the Medes revolting from the Assyrians chose one Desoces for their King, a man of supposed strictnesse and equity in preventing disorders and abuses amongst them. But this remedy in time proved as bad as the disease; so that the people were forced to seek protection under severall Rulers which they missed under one.) These are his words. But he tells us not whether they found it under severall Rulers, nor how long they injoy’d it. But, for Deioces whom they chose, I suppose they thought him a man of as much integrity as Cromwell in the Armies opinion; and yet power corrupted him; and that a number of four hundred must have more corruption amongst them then can be in one, though the worst of men, I think I have already sufficiently proved. But to proceed to the nature of elections in generall, though we have found a great deal of calmnesse in them here, by reason that a Parliament-man was not a considerable preferment whilst they were Representors only, and not Judges of the peoples grievances, yet they are notoriously known to be fountaines of as great corruption, faction, confusion and bloudshed as can be in the world; especially in the choice of Kings, without there be a perpetuall standing Army to make an arbitrary decision of such controversies; and whether that remedy be as bad as the disease I need not at all dispute. But otherwise, the chargeable preparation of their factions to come glorious and strong to the place of Election, with the maintenance of them there, proves an expence and prejudice to their private fortunes, that must be made good out of the publique stock when they are chosen; and what clashing there is of the pretenders to a Government with their friends and followers at such a time, hath been so evident in Poland and other places, that we may well conclude, that every one of them threatens the greatest miserie that can happen to a Nation, I mean a civill War; and how few of these Rulers prove the men of merit they at first pretended to be, we have too many examples, besides the forementioned Deioces: and indeed it is not to be expected from them, because besides the charges of getting to their places, they are to provide, whilst they may, for the perpetuall support of their families in that height of luxury that their greatnesse hath raised them unto; and if we consider our Elections of Parliament-men in England, we shall find, that one is chosen for placing some few gifts well, another because he keeps a good house, a third, because he is a good hypocrite, and preaches well; a fourth, because he is rich, a fist, because he can be drunk with all his neghbours, a sixt, meerly because he is a foole, and therefore thought an honest man; but the greater part because they are of the kindred or faction of those that have then the chiefe power in the Nation, whilest the more learned and modest sort that despise the vanity of popularrity and turbulent factiousnesse, and apply themselves to the Phylosophicall consideration of vertues out of fashion, are neither understood, nor so much as thought of; and that this ever hath been, and ever will be so, is as certaine, as that the greatest part of the world, especially of the common people, are fools. And a changeable Representative chosen by, and framed out of the common people, as they are for the most part like to be, will be the same, if not a worse burthen then I have already proved a perpetuall Parliament: But to begin with what is to be said in their behalf, all that I know of it is, that they will not have time to grow into factions, and shuffle the Knaves together, nor dare they be so dishonest, because their reigne is but short, and they may be called to an account for their misdemeanours. But I answer, that suppose they sit but six moneths, one of these six will be long enough for the worser sort by many circumstances, and the manner of proceedings, to understand each other, if they were not before acquainted with their persons or Characters; and then have they the other five moneths to be corrupt in, with greater temptations of wickednesse, then if they were to sit longer: First, because they have reason, according to their own interest, and the Proverb, to make hay whilest the Sun shines, especially those of the meaner sort, that have no other hopes, and nothing to lose: and there will be at once more reall causes for the delay of justice, and far better pretences; As first, the newnesse of businesse, which requires some time to be understood: And next, the multiplicity, which will give them a very plausible pretence of receiving severall complaints, together with a seeming zeale to dispatch all, though really to put off one businesse with another, by raising severall debates, and concluding nothing till the end of their Sessions, and so they may thrive by under-hand bribes that can never be proved against them, and leave the same businesses to their Successors, who must be anew informed, and may play the same game over againe: So that it is evident there will be more reall causes of delay, and more temptations and excuses for corruption in a short, then a lasting Representative; and if so palpable an unjust sentence should be given, as would admit of no interpretation or excuse, which seldome or never happens, who should punish them for it? Certainly, the next Representative would never (for their own sakes) make the corruptnesse and insufficiency of their Jurisdiction so notorious, as to go beyond the ordinary method of a Repeal of the unjust act or sentence; or if they would proceed to punishment, they would scarce be able to execute it against a whole Representative without a civill war, especially when halfe the old Assembly shall be sitting in this new one, to interrupt both the sentence and execution of it; so that I thinke it sufficiently appears, that this changeable Councell is as uncontrouleable and otherwise more inconvenient then the perpetuall one. I am sure they may go together with this note upon them, that every particular person in them hath a sufficient power to oppresse, but they must all joyn together to do a good turne, and then are very slowly and chargably to be drawne to it too; and for elective Kings, they are by our Adversaries own instance, as well as by the reasons already alledged, a remedy as bad as the &illegible; of a forreigne Government was to the Medes; so that our next refuge must be to a mixt Government for the redresse of our grievances, and if that failes us, we shall appeale to the people, and so come home againe: But to explaine the meaning of a mixt forme, I must except against the subordination either of King to Parliament, or Parliament to King; for where that is, the absolute arbitrary power so complained of on both sides, will remaine in the Supreme, and so it cannot be properly a mixt Government; but it is to be termed mixt, when these two powers have either an equall Jurisdiction together, or by turnes to rule and call each other to an account, and either of these are very fine things in speculation; but absolutely certain to be as inconsistent with all Order and Government in the practise, as it is for two Kings to reigne both together in one Kingdome; for they will alwaies either really differ in opinion, or pretend to do so when any good thing is proposed by either, through envy, jealousie, ambition or interest; and so either there shall be no administration of Justice at all, or more certainly, an opposition with fire and sword; & the like must certainly fall out where Rulers should take their turnes, for those that have the advantage of possession, with the present power of obliging all ambitious, necessitated and covetous people, and the like advantage of ability to punish the rich and fearfull, shall be able to make good that wrongfull possession against the rightfull Successors, to the horrible confusion if not the ruine and desolation of the Nation, as we very well know by wofull experience; so that it is clear that no Countrey can be free, neither from inconveniences in a civill Government, nor from the arbitrary power of a Militia, either in a King, a High Constable, a General, or something of that nature equally dangerous; without they will lye open both to invasions from abroad, and insurrections at home. But now let me come to that which our pretended lovers of liberty would have to be the remedy to all these disorders, I mean appeales to the people; and I shall with confidence averre, that this remedy will at any time turn to all these diseases put together; and so the supposed cure of some few maladies, shall draw on the most endlesse and unexpressible miseries that can befall mankind in this world: and though I shall never deny that, the health of the people is the Supreme Law, yet, I must never allow them to be their own Physitians; and to make it the clearer we will suppose, though not grant, that the people chose the first Rulers: and the first question I shall aske is what the word Ruler or Governour signifies? doth it not imply the commanding power of an absolute Judge, or at least a Judge of such rules as are given him; and can there be command without obedience, or is there obedience where there is contradiction, or any trust reposed without submitting to the reason and conscience of the Trustee? Can I command those that I have contracted with to command me, be Judge of my Judges? certainly no, all these are contrary to reason and conscience, and destructive to all commerce; and now behold the deluge that this popular power lets in. First it is evident that the people must assemble to judge together of the reasons that induce them to the necessity of their intended alteration of Governours; and if they are the Supreme Judges and have this liberty at one time, they have it likewise by the same reason at all times: and it is as certain, that a part of them must meet before they can all assemble; and by consequence, any faction of innovators, theess, murtherers, and the like, may legally make use of this pretence to assemble for the spoil or destruction of their Countrey; and that they will do this is as certain as it is that there are a sufficient number of people in any Nation whatsoever, that would be glad of an opportunity of thriving wickedly; but admit this supposition to be false, and that they would never stir but upon a necessary occasion, and were all assembled, which is impossible, and should with one voice resolve on a reformation, when they once come to particulars all must infallibly turne to discord. For the first of these learned proposers shall be sure to be contradicted as plausibly, be it right or wrong, by some of the more cunningly ambitious and necessitated amongst them, that dare venture at any thing, and care not what followes, so as they can by a learned speech set all on flame, and make themselves heads of factions, the better to satisfie their ravenous desires on the best of the flock. And so this reformation becomes a good beginning to the totall tearing out their own bowells by civill dissension, and leaving the carkase of the Common-Wealth for a prey to a Forrainer. Here we see the undeniable effect of that Maxime of, all Government being fundamentally in the people; and indeed it had been strange, that all Government should have been in them that have no Government in them: And I confesse, if they had been the Governours, I do not know who had been left to have been governed. And therefore since this can be no Maxime at all, and that we must have a Government, and that all of them have their inconveniences, I shall conclude with that which I have said before, that the will of one man, though never so corrupt, is to be satisfied and glutted without any extraordinary prejudice to a whole Nation; and he is more likely to have care of a Kingdome that is to leave it to his posterity, then he that hath onely his own being to provide for out of it, and can only forfeit his time by his misdemeanours, and run away with the publique wealth when his reigne is almost at an end. Besides, a hereditary King hath no need of an Army on foot to keep him in possession, and he hath much the advantage in an extraordinary care of his education, with the stock and example of all his heroick Ancestors, as motives of doing nobly. Besides, a notable store of his Fathers learned and experienced Councellors, that can sufficiently informe him of the hazard of governing ill, and would be able to steer his affaires, if the worst should happen, that he should be left a child or prove a foole; since there is no question, but the wiser sort would know better then the fools, how to humour him, and keep still in his favour. But howsoever, these inconveniences are mortall and uncertain; but those of any popular or elective Government certain and endlesse: and no doubt, if there were any Government in the world that were infallible, it would have been found out by this time, and all people would have both flown to it, and stuck to it. But it is evident, that when we have done all we can, we must trust God with somthing: his providence wil govern that world which it hath created. And we see that both that divine will, and the wisdom of the greatest part of the world in all ages to this day have (by the practice of it) confirmed hereditary Monarchies to be the best.
And now I shall wind up all with the confutation of our Libertines last assertion, that Antimonarchicalnesse is no crime at all, and that they that chuse may change. I think I have already shewed the inconveniences of this allegation; but for the injustice of it I shall only aske, whether they that give any thing may take it away again when they please? and whether a Theef deserves hanging for a robbery or no? And if that be the reward for a private robbery by the Lawes of our own and other Nations, what will then the publike Murtherers and Theefs deserve, that not onely murther and rob their Prince of an inheritance, with the Revenue belonging to it, lineally devolved unto him from before the Norman Conquest, and since confirmed by his Subjects in Arms at the signing of Magna Charta, when they were in full power to vindicate their Liberties, and therefore can have no shadow of a pretence to claime a greater liberty then they then reserved to themselves at that voluntary agreement, ratified then, and since confirmed by so many Oaths of Allegiance, vosuntary Protestations, and the like? but have robbed the universall people of a Prince so emineut in all the vertues appertaining to that publike condition, under whom they had so long securely flourished, notwithstanding some petty grievances &illegible; from the corruption and mis-information of inferiour sinisters, which were all redressed, and the Authors offered to a legall triall, before the two Houses begun that quarrell with him, for betraying his trust, for which he now died contrary to the will of those Houses, who were an excellent constitution whilest they were free, and within their bounds of representing grievances, and preparing lawes, but are indeed as imministeriall dispensers of Justice, as those who contrary to their trust, undertake from their servants to become their Judges, and the whole Kingdomes besides, to the present oppression, and future confusision and desolation of this flourishing Kingdome, if they do not speedily seek (by the offer of an honorable and well-grounded peace) to make reparation to that excellent Son our naturall Prince, who is so much the Image of all his Fathers vertues, as well as person, that we need not doubt his burying all his resentments for the peace and welfare of his three Kingdomes, if they can resolve to trust him whom they have not so personally disobliged.
FINIS.
T.184 (6.4) [William Walwyn], The Vanitie of the present Churches (12 March 1649).↩
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ID NumberT.184 [1649.03.12] (6.4) [William Walwyn], The Vanitie of the present Churches (12 March 1649).
Full title[William Walwyn], The Vanitie of the present Churches, and Uncertainty of their Preaching, discovered. Wherein The pretended immediate teaching of the Spirit, is denyed, and the all-sufficiency of the Scriptures teaching, is maintained. With, A new and true Method of reading thereof, for the peace of mind, and the rule of life.
Gal. 6. 15, 16. For in Christ Jesus neither Circumcision availeth any thing, nor uncircumcision, but a new Creature. And as many as walk according to this rule, peace be on them, be.
London, Printed by J. Clows, and are to be sold in Cornhill and Popes-Head-Alley, 1649.
Estimated date of publication12 March 1649.
Thomason Tracts Catalog informationTT1, p. 730; Thomason E. 1367. (1.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
To the Reader
Although I dissent from some things in this Treatise, and other things seeme dark and doubtfull to me, yet there are many plain, clear, and evident Truths, of great use to all Christians. Therefore that the Truth may be manifest to all. And that all Believers and Churches of the Saints may be of one mind and may edifie the whole body in love. And in all their Doctrines, and Conversations, hold forth the truth as it is contained in the written word, the perfect rule of the spirit to guide us into all Truth, and to make us wise unto Salvation through that (one necessary thing) Faith, which is in Christ Jesus: which is by the Gospel, (the power of God to salvation) preached unto us. And that errour may be discovered, reproved, and corrected, and if possible, that the guilty may be convinced, and reformed.
Therefore I say to this Epistle, and the ensuing Treatise.
THE VANITIE of the present CHURCHES, and Uncertainty of their Preaching, discovered.
WHEREIN The pretended immediate teaching of the Spirit, is denyed, and the all-sufficiency of the Scriptures teaching, is maintained.
WITH, A new and true Method of reading thereof, for the peace of the mind, and rule of life.
Gal. 6. 15, 16. For in Christ Jesus neither Circumcision availeth any thing, nor uncircumcision, but a new Creature. And as many as walk according to this rule, peace be on them, be.
London, Printed by J. Clows, and are to be sold in Cornhill, and Popes-Head-Alley, 1649.
The vanity of the present Churches, and uncertainty of their Preaching discovered, &c.
As there is nothing more commendable amongst men, then a true correspondency between the heart, the tongue, & the hand: so no thing is more lovely amongst Christians, then that the Conscience, the profession and the practice so universally agree; & though something be allowable unto frailty, yet when the defect or discord is continued, and that to the reproach of Christianity in generall, and to the prejudice of humane society; then certainly a reproofe is not only requisite, but the neglect thereof, a sinne of an high nature.
And so those, whom this discourse now deemeth worthy of reproofe did seeme to judge, when they condemned the persecuting practices, of the new raysed Presbyters, whose positions and professions whilst they were persecuted by the Bishops, did clearly hold forth a full and compleat liberty of Conscience, in the exercise of Religion, and justly and truly did the Independents reprove them, as their many bookes, of that Subject, do sufficiently testifie: their reproofes were sharp, and their replyes driven home; whereby they put the question of the utmost liberty of Conscience, out of all question, accompting nothing more base, or mis-beseeming a Christian, then to question, or vex, or reproach any man for his judgment or practice, touching matters of Religion, and inciting all men to peace, unity, love, and true friendship, though of never so many severall opinions, or different wayes in Religion.
By which their ingenuity, they, (as the Puritan Presbyter had done before them) gained abundance of love and respect from all men: their Congregations multiplied, and in conclusion, obtained much countenance from authority: which they no sooner tasted but instantly, some of them began to pride themselves, and to dispise others; and to reproach and villifie all such, as upon tryall and examination of their Churches, their Pastors and Sermons, finding all to be but fained imitations, nothing reall or substantiall, forsooke their societies, and thereupon as the Presbyters had used them; so deale the Independant with these, and all that any wayes adhered unto these, raysing nick-names and bitter invective reproaches against them, sparing neither art nor paines, to make them odious to others, and their lives (if it were possible) a burthen to themselves; and though reasons have been offered, and conferences desired, that they might see their error, and forbeare to deale thus contrary to their positive, owned, and declared principles: yet have they persisted therein, and go on still without ceasing, manifesting a most destructive and persecuting disposition, not only towards these, but towards many others whom they now (as compleat Judges of other mens Consciences) judge to be erronious, or heriticall, and seeme to have placed their felicity in the ruine of those whom their own Consciences cannot deny to have been instrumentall in their preservations, and who have not thought their lives too precious, to purchase them that freedom which now they enjoy.
And therefore it hath been conceived not only just, but of absolute necessity, to publish to the judgments of all impartial people, both of the Congregationall way and others: this their hard measure and unthankful usage of a harmlesse well-meaning people, and withall, to discover to all those who are conscientious, the error of their wayes, and emptinesse of the things wherein they glory, and to let all those who are wilfull or meere polititians amongst them, beare their shame openly, and since they are proofe against their Consciences, and can take up, and lay down principles, professions, and practices too, as stands most with their advantage, and like the Jewes in their worst estate, make no reckoning of oppressing all that are not of their tribes, it is but equall, that such should bear their mark in their forehead, that all men might be warned from conversing with such deceivers, and if any tartnesse appear herein, they are the occasion, it being no more then they deserve.
And not only so, but we have herein also indeavoured to support the weake, and by establishing them upon the sure foundation of the written word of God, (inclining them to give eare thereunto, as unto the only true infallible teacher of spirituall things in our times) and by directing them in a brief and plain method, in the reading thereof, how to attain to that one necessary Doctrine and main design intended therein unto man, for his temporall and eternall comfort.
To which end, that we may neither seeme to wrong the one sort, nor to delude the other, and for full satisfaction of all that are, or shall be concerned herein: we affirm it to be most palpably evident. That ye of the Independant Congregationall, or of any Church-way whatsoever, have not that true essentiall mark of a true Church to be found amongst you, which only can distinguish the true from the false, and without which a true Church cannot be:—A true Church in the Scripture sence; being such only, as wherein the very word of God is purely and infallibly preached: that’s the mark.
Now though it have been usuall among you in your prayers, to desire of God that your auditors may give eare to the word that you preach, not as unto the word of a mortall man, but as unto the word of the ever living God: and this too, with such solemn countenances, lifted up eyes and earnestnesse of expression, as if it were the sin of sinnes, for men to doubt it: Though this hath been your course: do ye not tremble when you consider it, to think that you should so frequently practice so grosse an imposture, as openly to pray unto God, that your eronious, doubtfull uncertain conceptions, (for what other are your Sermons) shall be heard and received, as the word of the ever living God; what greater impiety, nay blasphemy, then to call mans word, Gods word, to counterfeit a Preacher an Evangelist, an Ambassadour of Christs, and to deliver a Word, a Message, a Gospel, mixt and made up of opinions and conjectures, as if it were the true reall word of the ever living God.
What is this but even to debase, belye, and offer despite to the spirit of God himself, for advancing your own false Honour and repute amongst men.
Consider this seriously, all ye that are captivated with the charmings of these Sophisters, that are intangled in their formes of godlinesse, that are drawn into their imaginary Churches, that are deluded into an opinion, that they are pastors, feeders, preachers of the word of God, and be so true to God, (whose honour lyes at stake) to your selves whose peace and comfort lyes at stake, and to your Neighbours, whose good name lye at stake also: as to make a clear examination whether these pretended pastors, & Churches are taught immediately by the spirit of God, or not, as they pretend; try them by the word they preach.
And you shall find, however they have prepossest you to the contrary, that neither they, nor your selves, have any understanding at all of such divine or heavenly things, as bring peace of Conscience and joy in the Holy-ghost, by any other way or meanes, but only and solely by the Scriptures, and that neither they, nor your selves, are taught by the spirit, as they have long perswaded you, and whereby chiefly they delude you, into a belief that they are true pastors, and your Churches, true Churches of Christ. For Judge you, had they the spirit of God as you pretend? would they need, as they do; when they have resolved to speak to you from a Text of Scripture, to go sit in their Studies, three or four dayes together, turning over those authors, that have written thereupon; and beating their own braines, to find out the meaning and true intent thereof; no certainly, had they the spirit of God, it could in an instant, in the twinkling of an eye, inform them the meaning of his own writings; they would not need to be studying, seven, ten, or twenty years, to understand the truth of the Gospel, and when they have done so too be as farre to seeke as they were at first for any expresse certainty therein; for do but observe, that when they have for some years preacht up a Doctrine, they are many times forst to preach it down again, as ye well know most of them have done, and that in very materiall points.
As for instance, are they not one while zealous for the baptizing of Infants, another while for the baptizing of Beleevers only, and then again for no Baptisme at all, for want of a true Ministry? do not the Pastors differ amongst themselves, and contentions arise not only between Church and Church, but in every Church within it self? are there not some that for many years have preacht up election and reprobation, and afterwards have as much preacht it down, and cryed up generall redemption, and, that man hath free will or a negative voice in his salvation, and this in a Church gathered and taught by the spirit, as they would make the world believe and those who by praying and preaching ex tempore, would be thought to have yet a more immediate teaching of the spirit; how extreamly are they to seeke in the ready understanding of the Scriptures, what weake and indigested matter issueth from them, is too easily discerned, yea what contradictions, they huddle one in the neck of another, though through confidence in the speaker, and superstition in the hearer, all passeth for currant truth.
But consider, can it be of the true spirit to produce uncertain Doctrines; if the Trumpet give an uncertain sound, who can prepare himself to the battle; so if the preacher, preach uncertainly, how can he affirm his word to be the word of God; or how from such doubtfulnesse can true faith be begotten in the hearts of the hearers? is not a Church founded upon such uncertainty, founded upon the sand, and built up with hay & stubble, not able to stand the least blast of a reasonable opposition; and will ye that have Consciences towards God, any longer be instrumented in this mocking of him, and by your countenance thereof partake with them in this strong delusion?
What doth the Pope and his Clergy more then belye themselves, and blaspheam God, in saying, they have the true spirit of God, which leads them into all truth; whilst by their lying miracles, by their art and sophistry, they lead the poor deluded people in the greatest errors, for maintenance of their own pride, covetousnesse, and luxury: The bishops they come, and by pretence of the true spirit, discover abundance of faults in the Pope and his Clergy, and make shew of great reformation; but advance only themselves and their uncertain Doctrines, for their own ambitious ends only, without any regard to the glory of God, or good of men: then comes the Presbyters, and they cry out against Common-Prayer (that was faulty enough) and studied Sermons, as stinters, and suppressors of the true Spirit of God in them; and they are no sooner in the Chaire, and their Prayers & preachings examined; but they also are found to differ one with another, to contradict themselves, & to mind only their own honour and profit; and to be possessed (as both the former) with a persecuting Spirit, which is abhorred of God, of Christ, and of all his true Ministers and Apostles.
Then comes the Independents and pretend to erect, a holy, pure and undefiled worship, according to the pattern, shewed unto them by the true Spirit indeed, pleading for generall liberty of conscience, void of all compulsion or restriction, and professing the meeknes of the very Lambs of Christ, and humility towards all men; who now could have suspected what since hath been discovered? Namely, that they as the rest, belyed the Spirit of God, (pardon the harshnes of the expression, its for Gods cause and must be spoken) they being no more infallibly certain of the truth they raise from Scriptures then any of those whom they so much condemn; they as the rest, pray, preach, and do all for mony, and without it they do nothing, taking mony for that which is not bread, but flower, chaffe, and sand mixt together; that did not people swallow it whole, without chewing, or examination, it would be as gravell between their teeth, and they would spit it out of their mouths.
And since, they are increased in numbers, and have as it were, scumm’d the Parish Congregations of most of their wealthy and zealous members. Do they not fully discover a serpentine disposition hankering after persecution? Do they not dayly spet their venom privatly and publickly, against any that either seperate from them, or joyne not with them, and that in as foul aspertions, as ever the Pope uttered against Luther, the Bishops against the Puritan, or the Presbyter against the Independents, are they not high and skillfull in rayling? making whom they please Atheists, Anti-scripturists, Antinomians, Anti-magistrats, Polligamists, Seekers, or what they will: and can these proceed from the true Spirit of God, or from the Spirit of Antichrist? Judge impartially Yee that are yet untainted in your consciences (going on in this Church-way as deceived, and not deceivers) whether yee can offer more dispite to the Spirit of Grace, then by your presence and society, to justifie this delusion; or to uphold this new idoll, this Apple of Sodome, seeming onely faire to the eye, but touch it, and it falls to powder, to the very earth, being nought but earth, like Dagon before the Arke, having neither hands nor feet, but to (discerning eyes) is a meere uselesse lump, an Idoll, which as the Apostle saith, is nothing in the world, and therefore let none, who minde the things that are of God, uphold it any longer.
It being hardly to be beleeved, the infinite evils which comes to the world by this false supposition and assumption of these Churches of having the Spirit of God, or being taught immediately thereby; for by occasion thereof, no sooner doth any one embrace any opinion pretending to Religion, and beginnes to be fortified therein, and that after frequent hearing, prayer, fasting, or humiliation, he continues to be of the same minde, but presently he thinks himselfe bound to declare to all the world, what the Spirit of God (as he calles his owne imagination) hath made knowne unto him.
And hence it is, that at present, the World abounds with such variety of opinions, concerning life and salvation, that many a sincere heart, seeking for peace and rest therein, is kept in perpetuall suspence and doubtfullnesse, whereby their lives become a very burthen to them; and many sad, and wofull effects, follow thereupon.
Some by their confidence, and extreamity of zeale, and diligence, get their opinions (how contrary to Scripture soever they are) into halfe the people of a Towne, Village and Parish; and then there is nothing but wrangling, envy, malice, and backbiting one another, to the extreme prejudice and unquietnesse of the place.
Some of them crying up their owne experiences, and the teachings of God within them, affirming that they speak, not from Books, or Scriptures, written in Inke and Paper, and in Letters and Sillables, but from the inward suggestion of the Spirit, induce multitudes to neglect the Scriptures, and to give credit onely to their wilde Notions and Opinions, and though they have no foundation in the plaine expression of the Scripture, or be contrary thereunto, yet are they satisfied, that they onely are in the truth, and all other Christians in errour, not examining their opinions by the Text, but urging that the Text is to be interpreted by their Opinions and experiences.
And hence it is, that in the esteeme of some, the Scriptures are of as small value as the Service Book: and to speak of a Christ crucified at Jerusalem, is carnall. Hence it is, that some, and those not a few, maintaine there is no sin, no evill, no difference of things, that all things are good, are one; and that all things are God, and that to see or judge any otherwise, is for want of the teaching of the Spirit; and this, though it quite contradict the whole tenour, and plaine open scope of the Scriptures, from the beginning of Genesis, to the end of the Revelation; yet passeth it for currant, and gets ground in all places.
Hence it is, that some men will neither stir, nor undertake any thing of any nature, Civill or Naturall, but as they are prompted thereunto, (as they imagine) by the Spirit, or as some phrase it, by the drawings forth of the Father, taking all their inclinations, likings, or dislikings, to be immediatly from God, whereby grosse neglects and failings (to say no more) come to be excused; and not onely so, but expresly put upon Gods score.
Hence it is, that some after extreame fasting, and continuance in prayer, (beyond what their bodies could beare,) extent of minde, and intention of apprehension, have really beleeved, they have seen Christ standing by them, and heard him vocally speake unto them, that they have scene a light waving about their beds all the night long; at other times a black darkness intermixt: and in these extasies, as they call them, (but indeed fevourish distempers) they have been bid, as they thought, to doe such things as the holy Scriptures abhorre; and yet could never rest till they had done them.
And hence it is, that some presume to be so Goded with God, and Christed with Christ, as they affirme, they are in heaven, and upon the earth; that they are ever well, and that paine is not pain; that all things are nothing, and nothing all things, and glory that they are contradictions; Prophesie of things to come, as the day of Judgement; name the time, the very day, see it false, and yet profess it true (in a sence,) and are beleeved; write bookes of the Germans madde mans Divinity, of the occurrences and successe of the present distractions, in such unheard of expressions, concerning King, Parliament, and all Parties, that to a man that gives good heed to the Scriptures, nothing appeares more irreligious; yet through the generall supposition of the immediate teaching of the Spirit, the authors please not onely themselves, but others; and none speaks against it, or writes, or preaches against it to any purpose, least they should break the golden chaine of their own honour or profit; for whoever assumes, or maintaines himselfe to be taught by, or to have the Spirits mediate teaching, is lyable to hold any thing his Fancy presents to his Imagination, and dares not condernne the false assumption of Gods holy Spirit, in another, least he should thereby condernne himselfe; since they both have but their owne bare affirmations, for their foundation, neither being able to manifest, by any thing extraordinary, the reall possession thereof.
To this sad condition are men in these times, brought by this fals presence of a Spirit, which once taken up, & insisted on, their credit becomes so ingag’d, and they are so exceedingly delighted, and lifted up, in being thought the darlings of God, that it is the hardest thing in the world, to make them see their mistake; offer but once to bring them into a doubt, or but desire them to examine how (amidst so many contradictory Opinionists, all affirming the Spirit of God for their leader in each) any one of them comes to know himselfe to be in the right, and they turne the head of one side, single, and condemn you as not enlightned, and pray not to trouble them; yet if you enquire, what at any time the Spirit immediatly hath made known unto them, they cannot tell one sillable, but recite some place of Scripture, which by serious intention hath imprinted it selfe in their minds.
If you demand a reall Demonstration of the Spirit, they can give you none, but (peradventure) will tell you, that you must awaite Gods time, and he will enlighten you. That their Spirit is as the White Stone in the Revelation, the name whereof no body knew, but he that received it; making use of false, darke, and misterious Scriptures (intended for another end) to prove that they are unable by any sound argument, or sensible demonstration to manifest: Whereas, were they really endowed therewith, they could not conceale it, nor we be unconvinced of its devine and supernaturall Power, but must needs bend our knees, and hearts in acknowledgement thereof.
If we urge the Scriptures against them, they tell us the Letter killeth, abusing, and that so grosly that place of Scripture, to the upholding their own vain imagination; nothing being more evident, then that by Letter, in that place of the Romanes, is to be understood the Law: and by Spirit: the Gospel.
And if men did not too much Idolize their owne fancies, it would soone appear. That now in our times we have no Preacher of the Gospel but the Scriptures; which being the infallible Word of God, the Word of Truth, Eph. 1. 13. not the Word of man, but (as it is in truth) the Word of God. 1. Thes. 2. ver. 13. which was not yea, and nay, but yea, 2 Cor. 1. ver. 18, 19, 20. The Word of God that abideth for ever. Is it not strange, that our pretended Preachers of all sorts, should so far prevaile upon the minds of men, as to draw them from giving eare, to what this Word of truth plainly and evidently holdeth forth, for the peace of their minds, and direction of their lives; and take up their time and thoughts wholly, or principally, with their uncertain & fallible Sermons, making them in effect, forsake these living fountains, and digg to themselves broken Cisterns, that can hold no water.
Nay, a wonderfull thing it is, that it should be received for a currant truth. That this, the greatest blessing the World knows, this word of the ever living God, should now come to be esteemed, but as a dead Letter; this sword of the Spirit, that forceth it self into our dead naturall understandings, plants it self there, makes us one with it: and forms us new; this regenerating word, this immortall seed, should be so undervalued, as to passe but as a dead Letter.
Time was, that it was otherwise in England, when our fore-Fathers would have given any thing in the world; yea, many of them gave up their lives, rather then they would part with the smalest part of this precious Word, translated into English, by the first sincere professors of true Christian doctrins; but then Godlinesse was esteemed the greatest gain, and the iniquity of Learning, was not arived to so much impudence, as to make a gain of Godlynesse, to make a trade of Religion, and to become rich by pretended preaching. Nor weaned they the people from the Scriptures, to give eare to their notions, and opinions; telling them they had the Spirit, and that the Scriptures were but a dead letter; but invited and perswaded all men, to a diligent consideration of the true scope and intent of them.
Neither did they preferr the understanding of men, with difficult points, or obscure doctrins; but (as Luther) insisted altogether upon the Doctrin of free Justification by Christ alone; and (in way of thankfulnes for so great a benefit) invited all men, to live righteously, Godly, and soberly in this present world; therein following the example of the Apostles, and the very end, scope, and main design of the Scriptures; which is that unum necessarium, and which, if people did rightly and seriously mind, they would not so easily be drawn to follow such Teachers, or to give eare to such Sermons; whereby they are alwaies learning, but never come to the knowledge of this one necessary truth.
For, how long work soever, Ministers and pretended Preachers, make of it, to maintaine themselves, and families in wealth, plenty, and honour, necessary Doctrins are not at all hard to be understood, nor require long time to learne them; and if it did not concerne their livelihood, and profession, to make men beleeve, they were people who soone understand sufficiently for their establishment, and comfort, and would fall to practice, that so they might become an honour to their profession of Christianity; for the Scriptures, or word of God, having once planted this truth in the understanding, viz. That it is the bloud of Christ, which cleanseth us from all sinne; this Evangelicall truth of its own nature, would instantly set man on work to do the will of him, that hath so loved him, and constrain him to walk in love as Christ hath loved: so that after this, all the care would be, how to advance the Gospel, by making our light to shine forth before men, that others seeing our good works, may glorifie our Father which is in Heaven.
But this is no profitable way, for any of our pretended Preachers, this Doctrin is to soone learned; for if men once come to know that this short lesson is sufficient; what will they regard? either printed discourses, or Sermons, and if once they find them also full of uncertainty, contradiction, and unnecessary things, they’le not part with their mony for such trash, when they may go to the two breasts of Christ himself, freely at all times, to the Scriptures, and buy this sweet milk and hony, without mony and without price; and if men and women come once to understand this, they will not comber themselves with many things but possessing this unvalluable truth, will ever worship God in Spirit and in Truth; and declare unto others this blessed one necessary comfortable way, and that not by preaching or long set speeches: which are apt to deceive; but by conferences, and mutuall debates, one with another, (the best way for attaining a right understanding) far excelling that which is called preaching. But then, how shall Demetrius and the Craftsmen live? even by some lawfull calling, this being the most palpably delusive of any in the world, and it is very strange, that all men do not discerne and avoid it.
It is so, as cunningly as it is carryed, & as high in repute as it is, & hath long time been, having no foundation but in the weake credulity of men; for if men but once consider it, their Sermons will appear to be but as common discourses, full of mistakes, errors, and at the least altogether uncertaine: and that all their preachings and prayings are only for mony, and that their greatest skill and labour, is to hold men ever in suspence; and upon pretence of truth, to give them a bastard Scholastick knowledge, which only serve to make men proud, wrangling Sophisters, and Disputers, vain boasters, talkers, busie-bodies, censurers, Pharisees, wise in their own eyes, and despising others, void of all true piety or reall Christian vertue: and no marvaile.
For such as the tree is, such ever will be the fruit; they boast to have the Spirit of God, & you see it is but boasting, or their own imagination only: and in the mean time, take the Scriptures for a dead Letter; and either reject them, or make them speak according to the spirit of their own Imaginations; and so instead of being reall, are at best but fantastick Christians, uncertain (if not false) Teachers: and such are their fruits. The greatest part of their time, wherein they should be imployed to feed the hungry, cloath the naked, or in visiting the fatherlesse & widdow, or in delivering the Captive, and setting the oppressed free, (all which are workes, so fully and plainly set forth in Scripture, as most pleasing to God) being spent in talking upon some hard texts of Scripture, such are their Sermons, or in disputes & contests, upon some nice & difficult questions. And this exercising themselves therein, week after week, and day after day, and in fastings and repetitions, and in writing of these doubtfull Sermons, is by them called a Religious exercise, and those who can but attain to so much boldnesse and utterance, as to speak and pray an howre, two or three, together, take upon them, and are reputed, guifted Christians, and principall religious persons, when as many of them get good estates by so doing, good benefices, and others who make not a trade of it, as many devout pastors do; yet gaine so much credit thereby, as doth much increase their Trades, and advance their Custom and dealing in the world, and now and then helps to a good round Office. And whilst any of this strain of Christians, may live in this kind of devotion twenty years, preach for twenty or forty shillings a year, and have the repute, of a most religious knowing Christian, from the testimony of the most grave, learned, and solemn pastors of all Congregations, if but a part of their religious disbursments be spent upon them, it is not to be wondered at, that so few are found to serve God sincerely in the way of pure and undefiled Religion, which would plume their Peacocks feathers, and cost them more in one year, then all their lip-service, and Church-devotion, doth many of them in their whole life-time.
Nay, so impudent are many of these proud boasting Churches, (who glory to follow precisely the pattern shewed in the mount) that contrary to all example of the Apostles and first Christians; they can content themselves to be known usurers, and those that are not such themselves, can allow it in their fellow Members, their Pastors, Elders, and Deacons can tolerate it, and why not, as well as for their pastors to take monies from such, as are of lesse abilitie then themselves; nay, do not many of them spend the greatest part of their time, either in making, buying, and selling of baubles and toyes, such as serve only to furnish out the pride, luxury, and fantasticalincsse of the world; yea, view them well in their apparell, from head to foote; consider them in their dyet and usuall feastings; in their furniture for their houses, even in these sad and miserable times; and then say, whether their silks, their fine and delicate linnen, their Laces, Beavers, Plushes; their Fancies, Plate, Rings, and Jewells; do not demonstrate from what roote they are, that they are meere worldlings indeed, and Christians only in name and tongue, and not that neither, if they are well observed.
For there are many amongst them, for slandering and backbiting; for circumvention and an hipocriticall carriage, shall vie and compare with any sort of men in the world; they can play the part of Spies, Intelligencers, plot and betray, upon pretence of intimacy, of endeared friendship and familiarity, eat, drink, be merry with you, day after day, week after week, for months, year for many years and after al: professe boldly, openly, confidently, before their Church, to Neighbors, friends, or strangers, that all this intimacy, friendship, familiarity, was only and meerely to deceive, and to discover what might be, to mischief the parties with whom they held it: shall we aske which of the Apostles was a slanderer, a spy, an Intelligencer, a betrayer: certainly none but Judas, and the followers of Judas; let them henceforth professe themselves, at least, let all that know them, so account them, unles they manifest their speedy true repentance, for bringing such reproach to the profession of Christianity.
But what will such men stick at, as have once dared to dissemble before God, to call themselves Preachers, and are not: to gather Churches, and to joyn and continue in the fellowship of meere mock Churches, that dare attempt the Ordinances with prophane hands, without, and before Commission given from above, that dare pretend Commission, and yet can shew no scale, no letters of credit from Heaven, that dare affirm their own opinions and Sermons, to be the word of God: and all this after admonition, from such persons too, as out of Conscience have seperated from them, against whom also they persist to shoote their most sharp and poysoned Arrowes; even bitter words, false invectives, lyes, and slanders.
O therefore consider this! all ye whose Consciences are yet sound amongst them, or but a little taynted, and see into what a wretched condition ye may be led before ye are aware; there is no stop in wickednesse, but a progresse from one degree of evill to another, unlesse at first: therefore stop in time, and come out from amongst them, least ye soone partake with them in their sinnes; and neither approve, nor connive at what you see and know to be against the judgment of your Consciences, least in time you become as the worst and vilest of them.
Study the Scriptures, that word of truth: blesse God for them, forsake them not for the vain traditions of men, for the uncertain notions, Doctrines, and comments of pretended Preachers; and be certain of this, that you may as soone as they themselves, come to a good and right understanding therein,—and that you may do so. Read them with these Considerations.
That although whatsoever is written, is written for our learning, and that we have great cause to be thankfull to God for vouchsaffing us the knowledge of the severall ways of his dispensations to man, according to the severall times, and ages, which were from Adam, (which was the first) unto the time of the descending of the holy spirit, (which was the last:) yet are we seriously to know, that this last dispensation of the holy spirit, is that which principally concerneth us rightly to understand, and to apply to our selves, both for our comfort and rule of life; for unto this time and dispensation doth our blessed Saviour himself referre us, saying, I will send you another Comforter, he shall lead you into all truth, he shall bring to remembrance the things that I have told you: and he performed his promise effectually to the Apostles, whose writings we have, containing what the same spirit taught unto them; the truth whereof, they were enabled, and did, confirm with miracles, so as it might be as truly said of them, as it was of Christ our Lord; that they taught as men having authority, and not as the Scribes, nor as the uncertain pharisaicall teachers of these times.
Unto which word of theirs, we are principally to give heed: but therein also, we are chiefly to discover and to mind, what that Doctrine was, which they by the spirit, were ordained to preach? because that being understood and believed, doth give the beleever thereof, the name and being of a Christian, how plain and brief soever it be; for we must note, that there are many things written by the Apostles upon occasions, that concerned only or chiefly, the times wherein they wrote, and the places and persons to whom they wrote, which is the true cause that many things are too hard for us to understand; but there was one universall Doctrine, which they were to preach to all Nations, wherewith all their writings do abound, and which is very plain and easie to be understood.
And this is it, namely, that the same Jesus whom the Jewes crucified, was Lord and Christ: That he is the propitiation for our sins, and not only for ours, but for the sins of the whole world. That it is the bloud of Christ which cleanseth us from all sinne. That his love is so exceeding towards us, that even when we were enemies, Christ dyed for us: This was the Doctrine which begot people unto the faith, and made them Beleevers: and they used no other inducement, unto Beleevers, to walk as becometh this Gospel (or glad tydings of peace and reconciliation between God and us,) but this, ye are bought with a price, therefore honour God, both in your bodies, and in your spirits: their strongest Argument to perswade, being this and the like: That the love of God which bringeth salvation unto all men hath appeared, teaching us, to deny all ungodlinesse & unrighteousnes of men, and to live righteously, godly, and soberly in this present world: that we should love as Christ hath loved, who gave himself an Offering and a Sacrifice for us: so that if we would try each others Faith, we are to consider each others love; so much faith, so much love; so much love, so much pure and undefiled Religion; extending it self to the fatherles and to the Widdow; to the hungry, the naked, sick, and imprisoned; it being evident, that he who hath this worlds goods, and suffereth his brother to lack, hath not the love of God in him, yea though he have never so great parts of knowledg, zeale, tongues, miracles, yet being void of love, he is nothing: plainly manifesting that all other Religions, are but as defiled and impure in comparison of this.
And these are the Doctrines, which make good the rejoyning of the Angels, bringing glory to God in the highest, in earth peace, good will towards men: These are sufficient, and in these do all sorts of Christians agree, and never had disagreed but for false Teachers, Wolves in sheepes Clothing; who crept in to devoure the flock: causing divers strifes and contentions, about genealogies, and about the Law, which made the Apostle abundance of trouble, crying out, O foolish Galathians who hath bewitched you; telling them plainly, if righteousnesse came by the Law, then Christ dyed in vain; others, it should seem, fell to observe Dayes and Times, Sabaoths and Weeks, justifying themselves, and censuring others: provoking the Apostle to tell them, he was afraid of them, that he had bestowed labor in vain upon them, earnestly desiring them, to let no man deceive them, in respect of an holy day, or of the new Moon, or of the Sabaoth, &c.
The truth is, and upon experience it will be found a truth: that once exceed these plain indusputable Doctrines, and you will be ever to seeke; for though it be a kind of happinesse, to read in Genesis the proceedings of God towards our first Parents, to Abel, Cayne, Enoch, to Noah and the world that perished in the floud; to see his mighty power at the Confusion of Babell: his love to Abraham and Sarah, to Isaac, Jacob, and the twelve Patriarks, to see their way of worship, to observe his mighty wonders in Egypt, in the Wildemesse, and in the promised Land, under the Judges: Saul and David, Solomon, and the rest of the Kings of Judah and Israel: To know with what power he spake by his holy Prophets in all times, even to John the Baptist.
Yet when we have done all, we must acknowledge, that very many things exceed our understandings, and that we draw no comfort like unto this, that unto Christ, do all these beare witnesse: and though we have great cause to blesse God, for those wonderfull things we read of the life of Christ, of his wisdom, goodnesse, and power; by which he beat down the wisdom, craft, and policy of the Scribes and Pharices, of the high Priest and great ones of the world; and whereby he made it manifest, that he was indeed the Christ, yet draw we no comfort like unto that, which the Apostles publish’t by the power of the holy spirit, the comforter promised by Christ before his Assention: because by this dispensation of God, only, do we come to know the benefits of Christs death, and that he is the end of the Law for righteousnesse, and the propitiation for our sinnes; whereby we have peace of Conscience, and joy in the Holy-Ghost.
We Read, with thankfulnesse to God, the Acts of the Apostles, all the Epistles of Paul, of Peter, James, Jude, and the Epistles of John, & the Revelat. to St. John: But we must still acknowledge, that there are very many things in them all, which wee apprehend not fully. We Read of Apostles, Evangelists, Prophets, Pastors, and Teachers, and of the ordering and regulating of Churches, and of gifts given to all these from on high; but not so plainly exprest, as to leave the Conscientious without dispute, and difference thereupon: nor so collected into any one Book, as to convince, that God now under the Gospel, so exactly enjoyned Church Government, as he did under the Law; where Moses was expressely commanded to write particularly all that was required, not leaving out so much as Candlesticks, Snuffers, or Besomes. And when we come to compare the Churches, or their Pastors, and their abilities of our times, with those we read of: or the infallible power by which they spake, with the uncertaine Doctrines of ours, alas we must lay our hands upon our mouths, and hide our faces, as children use to doe, when they are discovered by people of understanding, at their childish immitations, of Christnings and Feastings; where, in a low and miserable weake forme they counterfeit things reall: so that if we shall deale plainely with our selves, we must confesse, wee are at a losse in these things, and that hence onely is our rejoycing. That wee undoubtedly know Jesus Christ and him Crucified, and knowing him, accompt all things as losse and dung in Comparison of him: and that we may be found in him, not having our owne righteousnesse which is of the Law, but the righteousnesse which is of God in him: so that the whole Scriptures to us, is as the Field mentioned in the Gospel, and this the Jewell, for which the wise Merchant, sould all that ever he had to purchase it.
And truely, if the Traders in Divine things, truely consider this, how learned soever they are in Arts and Sciences, in all kinds of Readings and Languages, and how mighty and skilfull soever they would be thought in the Exposition, opening, and interpretation of all places of Scripture, when they come to cast up their account, possibly; nay, certainly, (if they are serious therein) they will accompt all as nothing for this Pearle, which passeth value, they will sell All to purchase it; and rejoyce exceedingly in the exchange, as the most profitable that ever they made.
And this certainly would be done frequently by all who with honest and good hearts Read the Scriptures; were they not kept from it by false Teachers, who hold them in suspence for their own advantage, ever raising, and starting new Questions, and new Opinions, whereby men are ever learning, but never at rest in the knowledge of this one necessary truth: but are tost too and fro, with every winde of Doctrine: and all by giving eare to those that call themselves Preachers, but are not: that pretend to expound the Scriptures, when as they raise nothing but doubts, and darken them; that say they Interpret, when they are to seeke for the meaning; being altogether doubtfull and uncertaine in all they doe.
And therfore much more happy are they, who read with honest and good hearts, and only Read, and considerately lay to heart; giving no care to these charmers: these doubtfull Expositors, these mocke-Preachers, with their trumpery Sermons, stuft with naught but uncertainety and fantasticke doctrines, which in the day of the necessity of mans Conscience, prove like a broken Reed, that instead of help, further wounds.
Nor let any man henceforth wonder, whence so many severall and strange opinions should arise, by which the world becomes even rent and torne in peeces? It is from this kind of Preaching, and false Exposition of the Holy Scriptures. It being so, in more ancient times, with the Law and the old Testament, as Petrus Cunaeus, (de Republ. Lib. 2. chap. 17.) brings to light: affirming, That howsoever the Law was Read amongst them in the former times, either in publicke or in private, yet the bare Text was onely Read, without glosse or descant, Interpretatio Magistrorum nulla, commentatio nulla; but in the second Temple, when there were no Prophets, then did the Scribes and Doctors (mock Prophets, as our mock Preachers) begin to Comment, and make their severall Expositions on the holy Text: Ex quo natae disputationes & sententiae contrariae; from whence (saith he) sprung up debates, and doubtfull disputations: and most probable it is (saith another upon him) that from this liberty of Interpretation sprung up diversity of judgements, from whence arose the severall Sects of Pharisees, Essees and Saduces; who by their difference of Opinions, did distract the multitude, and condernne one another.
Even so in these times, when as there are no true Apostles, Evangelists, Prophets, Pastors, or Teachers, endowed with power from on high, as all true ones are; by which, they are enabled to divide the word of God aright, to stop the mouths of gainsayers, and to say, thus saith the Lord, thus speakes the Lord, and not I, And if an Angell from Heaven, preach any other doctrine, let him be accursed. In the absence of these, are crept in swarmes of Locusts, false Teachers, men of corrupt minds, making Marchandize of the blessed Word of Truth, and for that wicked end, dress it up in what shape their Art or Rhetorick can devise; and upon pretence of exposition, raise thousands of doubts and disputes, write millions of books, and preach innumerable Sermons; whereby the people are divided, and subdivided into Factions, Sects and parties; and whereby the end of the Gospel, which directs only to peace and love, is most unthankfully made use of, as a fire-brand of quarrells and dissentions.
In the mean time, the poor innocent Dove, that desirs to injoy the peace of his mind in this Unum necessarium, that little Doctrin of Christ crucified, and to walke in love, ever worshiping God in Spirit, and in Truth, dis-intangled from all formes, as things he finds uncertain, disingaged from all false Churches (and cannot find a true one) that in all things gives thanks, and dares not pray, but for what he needs, nor joyn with any, where he is not before agreed what to aske; This innocent dove findes not a place to rest his foot in, but is become the game of these birds of prey, these Ravens, Vultures, and Harpies.
O that all ingenious men would lay these things to heart! that they would looke more exactly into these Churches, more boldly & firmly, trying, examining & weighing them in the ballance: that they would shake off that vaile of superstition, and reverend respect to mens persons; whereby they are over-awed into a high esteeme of meer vanities, empty shels without kernells, empty clouds that hold no water. That they would consider, how extreamly partial they are in judging of things; For, who is he, that doth not exceedingly condemn the impudence of Simon Magus, in offering to buy the holy Spirit of God with mony, purposely to have made a gain thereof; and yet can daily see men counterfeit the having of the Spirit, and pretend to preach and to pray by it; when as it is evident, they have it not, and yet are no whit troubled at this, though they see it done also, even for filthy luchre, vain glory, or other vile respects, as he intended.
But all are not alike guilty, many through weaknesse, and a preposterous zeale, being carryed with the stream and current of the times; and many there are, who have run themselves quite out of breath, in searching after peace, and rest, in the various waies of these Churches, and from one Church way to another; but find none to comfort them, nothing to establish them; confessing, that instead of reall ordinances, they find only names; instead of power in them, they find only formes, fashions, likenesses and imitations, meere pictures, and Images without life, altogether dead and comfortlesse; and are held up meerely by the power of Art, craft, and pollicy of men, not without the countenance of corrupt authorities, & oppressive States-men; who find it (as it hath ever proved) a notable means to devide the people, making use thereof, to their wicked and tyrannous ends; But God in these times hath had instruments, to lay all kinds of delusion open: so that henceforth, if men continue in these evill waies, they are altogether inexcusable.
Neither will men ever live in peace, and quietnes one with another, so long as this vaile of false counterfeit preaching, remaineth before their eyes, nor untill the mocke Churches are overturned and laid flat; For so long as men flatter themselves in those vaine waies, and puffe themselves up with vaine thoughts, that they are in a way well pleasing to God, because they are in a Church way, as they call it, or because they are able to speak long together (which they call preaching) they are for the most part regardles of storing their minds with truths reall Christian virtue, little or nothing careing, either for publick Justice, Peace, or freedom amongst men; but spend their time in endlesse disputes, in condemning and censuring those that are contrary minded; whereby nothing but heats and discontents are ingendred, backbiting and snarling at all that oppose them, will neither buy, nor sell with them, if they can chuse, nor give them so much as a good looke; but on all occasions are ready to Censure, one to be carnall, another erronious; one an Atheist, another an Heretick, a Sectary, Scismatick, a Blasphemer, a man not worthy to live, though they have nothing whereof to accuse him; which in the true Scripture sence, will beare the title of an offence, but are stirred in their spirits against him, because happily he speaketh against their Church-way, and frequently sheweth the vanity and emptinesse of those things wherein they glory, and by which they distinguish themselves from other men.
So that it were much better for the Common-wealth, that all mens mindes were set at Liberty, from these entanglements, that so there might be an end of wrangling about shaddows; for if men were once free from this Church-bondage, they would by reading the Scriptures with such like considerations, as are before expressed, soone come to be able to understand the intent, & substantiall scope thereof; and become substantiall Christians; full fraught with true Christian virtue, and reall godlinesse, which would incline them lo a tendernesse of spirit towards all those they saw in any errour; make them to compassionate mens failings, and infirmities; and be ready to help the distressed, and any waies afflicted: it would enlarge their hearts toward all men, making them like unto our heavenly Father, who causeth his Sun to shine on the just, and unjust: that giveth to all men liberally, and upbraideth no man.
Certainely, were we all busied onely in those short necessary truths, we should soon become practicall Christians; and take more pleasure in Feeding the hungry, Cloathing the naked, visiting and comforting of the sicke, releeving the aged, weake and impotent; in delivering of Prisoners, supporting of poore families, or in freeing a Common wealth from all Tyrants, oppressors, and deceivers, (the authors and promoters of all corruption and superstition) thereby manifesting our universal love to all mankind, without respect of persons. Opinions, Societies, or Churches; doubtlesse there were no way like unto this, to adorne the Gospel of Christ; men and women so exercising themselves, and persevering therein, might possibly deserve the name of Saints; but for men to assume that title for being a Presbyter, an Independent, Brownist, Anabaptist, or for being of this or that opinion, or of this or that forme of Worship, or for being able to Pray, and Preach (as they call it) three or foure houres together, venting their own uncertain notions, and conjectures, or for looking more sadly, and solemnly then other people, or for dressing themselves after a peculiar manner: or for pretending to have the Spirit of God, though they are ever to seeke about the meaning of the Scriptures: or for sucking in, and sighing out reproaches, and slanders against their neighbours: proceeds from meer pride and vanity of mind; when as the best of these put altogether, amount not to so much, towards the making of a true Saint, as one mercifull tender hearted compassionate act, for Christs sake doth.
And therefore those who would truly honour God, let them not think, that he will be flattered with words, or be served with lip service, with that which costeth little or nothing; but let them resolve that he expecteth to be served with no lesse then with all our heart, with all our might, and with all our strength, to be honoured both in our bodies, and in our spirits, for they are his.
It is most certain, that men are first to know and understand, before they can become practicall Christians, and though the Scriptures are very plain and full, as to necessary knowledge, yet the errors of weake and perverse teachers do so abound, that it is a difficult thing to escape them, and to fall into a profitable method of reading, and meditation of the word of God: wherein may the considerations aforementioned, prove as profitable, as they are conscionably intended; but doubtlesse the best way to perfect knowledge, is, and will be, by endeavouring after meetings of people to conferre and discourse together (in a discreet, quiet, and well ordered way) upon necessary points only: the way of preaching or long set speeches, being subject to abundance of error, and inconvenience: and therefore it would be happy, that all wel-meaning people would seriously set themselves to procure frequent and full meetings, for increase of knowledg in all sorts of people, and no longer to depend, either on the publique, or congregationall Sermons, for information of their understandings: it being evident, that they serve rather to dignifie the Speakers, and to sway the hearers into what they please, then to any just or necessary end.
And as every one increaseth in knowledge, let them know, that God hath not vouchsafed his word unto us, to make us talkers, or discoursers only; as the manner of many knowing people is, who as soone as they arive to a good measure of understanding, and are thereby freed from the burthens and oppressions, which error and superstition had brought into their Consciences, instead of being thankfull to God for the same, by dilligence in the wayes of doing good; they become carelesse, turning the goodnesse and truth of God manifested in his word to Idlenesse, if not to wantonnesse, not caring what becommeth of the miseries of the times, or other mens sufferings, but ever after, live as in a pleasing dream; these who ever they are, are to be looked upon as the most unworthy of men, because the most ungratefull: the most opposite to the end of their being, the vilest of Creatures, because sloathfull Christians: the best things, being the worst, if once corrupted.
And therefore it will be very good, for every one to stir up the knowledg of God that is in him, and to keep it alive by continuall practice, upon all occasions: practice in good and just and charitable things being that wherein the Conscience is most delighted; so that if any propose to themselves any happines here in this life, it is to be found only in doing of good: the more good, the better contented, and the greater the happinesse, man being in nothing like unto God, but in doing good, nothing is more acceptable to God, nothing is more pleasant to Conscience, his vicegerent in us; to do good therefore, and to distribute, forget not, for with such sacrifices God is well pleased: whilst we have time and opportunity, let us do good unto all men.
Let us all strive to go on before another in love, and let there be no other strife at all amongst us; we wish with all our soules that all reproach, despites and envyings amongst men might for ever cease, and that difference in judgment, may no longer occasion difference in affection; there being in our apprehension no cause at all; but that all men going in their severall wayes of serving God, whether publique or private, may neverthelesse be free to communicate in all civill Offices of love and true friendship, and cordially joyne with any, for a publique good; but if notwithstanding all that hath been endeavoured, or hath been said: this Generation of congregationall men shall continue to puffe, and swell through pride of heart, & to lift themselves up into the Chayre of the scornfull, and as the man in Peters Chayre assume a power of life and death over all opinions and wayes not owned by them: as if they were infallible judges of all controversies, making no scruple of blasting mens good names and reputations, or of undoing of whose Families thereby: they must then expect to be told their own, and be made appear to the world—as they are,—not as they would be esteemed.
It being evident by what hath been said, that although they have boasted themselvs to be rich, and increased with goods, and to have need of nothing; yet, they are as the luke-warm Church of Laodicea, miserable, & wretched, and poore, and blind, and naked—and for all their bigg and swelling conceipts of parts, of gifts, of Saint-ship, of the Spirit, & (in effect) pharisaically crying out, Lord we thank thee, we are not as other men, nor as those poore Publicans, that receive all their knowledge of Divine things from the Scriptures onely, and are taught onely thereby; Notwithstanding these bigg swelling words, their Peacocks feathers, being thus pluckt off, you see: and they, will they, nill they, must also see, that they must be content at last, to shake hands even with those poore Publicans; and acknowledge that they have no other infallible Teacher of Divine things, but the Scriptures; and that they partake no more of the Spirit, then what that blessed Word of the Spirit planteth in them.
And if their consciences are awakened, will be enforced to forsake their falling Churches: unlesse for politique ends, they shall stifle the power of these Truths within them; chusing rather to perish in the rubbish, then to seem to have bin so exceedingly mistaken; which will prove an unpardonable error; For, however the best of men may erre, yet they are the worst of men, that persist in error, after the discovery.
And therefore, if there be any whose consciences shall be fully informed of the vanity of these Churches; and yet for any ends shall continue to support the reputation of them; let all such know, that those who dare be so impious, as to stop the continuall cry of their consciences, must necessarily desire in their hearts there were no God, whose Vicegerent Conscience is; which is the most sad and dangerous condition that man can fall into in this life.
And certainly they will find it far better to forsake their tottering immaginary structures: confess their emptines, & sinfull imitation, taking shame unto themselves and giving glory unto God, whose name and power they have much diminished, by affirming those to be Churches which are not, those Pastors and Preachers which are not, those Saints which are not: his blessed Word to be but a dead Letter: that to be his Word, which is but conjecturall Sermons; and in censuring those to be erronious and carnall Christians, who have more warrant for what they do then themselves; And then by a more considerate, ingenious, and Christian-like carriage, to make amends for the future which would very much rejoyce the hearts of all that low he Lord Jesus in sincerity, whose Truth and Glory will be advanced by the Scriptures; when all the roving, wild and wandring immaginations of mens spirits, shall vanish, and come to nought.
FINIS Feb. 23.1648-49, ImprimaturTHEODORE JENNINGS.
T.185 (6.5) [Signed by Robert Ward, Thomas Watfon, Simon Graunt, George Jellis, William Sawyer (or 5 “Beagles”), but attributed to Richard Overton or John Lilburne], The Hunting of the Foxes (21 March 1649). ↩
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Bibliographical Information
ID NumberT.185 [1649.03.21] (6.5) [Signed by Robert Ward, Thomas Watfon, Simon Graunt, George Jellis, William Sawyer (or 5 “Beagles”), but attributed to Richard Overton or John Lilburne], The Hunting of the Foxes (21 March 1649).
Full title[Signed by Robert Ward, Thomas Watfon, Simon Graunt, George Jellis, William
Sawyer (or 5 “Beagles”), but attributed to Richard Overton or John Lilburne], The Hunting of the Foxes from New-Market and Triploe-Heaths to White-Hall,
by five small Beagles (late of the Armie.) Or The Drandie-Deceivers Unmasked
(that you may know them.) Directed to all the Free-Commons of England, but
in especiall, to all that have, and are still engaged in the Military Service
of the Common-Wealth. By Robert Ward, Thomas Watson, Simon Graunt, George Jellis,
and William Sawyer, late Members of the Army.
Printed in a Corner of Freedome, right opposite to the Councel of Warre, Anno
Domini, 1649.
The Tract contains the following parts:
- The Hunting of the Foxes, etc.
- To his Excellency Tho. Lord Fairfax, and his Councel of Officers
- The Examination and Answers of ROBERT WARD, before the Court Martiall, March 3. 1648 (and others)
- To the Supreme Authority of the Nation, The Commons assembled in Parliament: The humble Petition of the Souldiery under the Conduct of THO. Lord FAIRFAX. (24 March, 1649)
Estimated date of publication
21 March 1649.
Thomason Tracts Catalog informationTT1, p. 732; Thomason E. 548. (7.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
The Hunting of the Foxes, &c.
When we remember our solemn Engagement at Newmarket and Triploe-Heaths, and but therewith consider and compare the strange actings that have been, and still are carried on in the name of the Army (as if upon the accompt of that Engagement) we are even startled at the palpable contrariety and disparity that appeareth betwixt them; for the difference is as great and as wide, as betwixt bondage and freedom: So that it hath put us upon consideration to finde out and discover, where the fault lurketh; and upon serious thoughts, wee cannot impute the declinings of the first Principles of the Army, to the Army it self, but rather to some Persons of private and dangerous interests, usurping and surprising the name of the Army; like as it was said of the 11 impeached Members, concerning the Name and Authority of Parliament, imprinting the face and stampe of that Authority upon their prodigious designs, to the great abuse of the Parliament, as this must needs be of the Army. These, as too many such there be, are Foxes of the deepest kinde, more deceitfull and pernitious than their predecessours; and that such there are, wofull experience puts it out of question: and who they are the print of their footsteps is so evident, that you may trace them from step to step, from hole to hole to their Master Den, where you may finde the whole litter of Foxes in conspiracy, and you may know them by their shapes. Thus then to their footsteps.
When in the times of Stapteton & Hollis, the then faction was aspired to that height of tyranny and insolency, as to overtop the authority and native freedom of the People, threatning generall vassalage to the whole Nation, then the private souldiery (to interpose betwixt the people and their destroiers) drew themselves into that solemn Engagement of June 5. 1647. in the attempting and transaction of which they found no small opposition (as may well be remembred) amongst the Officers; and at that time Cromwell highly dissented, notwithstanding the earnest solicitation and importunity of many friends, til he was forced for fear of imprisonment, to fly to the then engaging souldiery (the day after the first Rendezvous) for refuge, and then Cromwell and Ireton, when they saw no other way to preserve themselves and their interest, engaged in the subversion of that domineering, tyrannical faction, and assuming high offices to themselves, acting as generall Officers, without the election of the soldiery, or Commission from the Parliament, being out by the self-denying Ordinance, and the General having no power to make generall Officers.
And being thus seated, even before they were well warmed in their places, they begin to stomack the sitting of the private souldiers in Councel with them; although it is wel known, that the actions of the Army, moving as an Army, in relation to that Engagement, was, first to be concluded of by a Councell, to consist of those generall Officers (who concurred with the Army in their then just undertakings) with two Commission Officers and two soldiers to be chosen for each Regiment; but a Councell thus modelled, was not sutable to their wonted greatnes and ambition, it was somewhat of scorn to them, that a private soldier (though the Representour of a Regiment) should sit cheek by joll with them, and have with an Officer an equall vote in that Councel: This was a thing savoured too much of the peoples authority and power, and therefore inconsistent with the transaction of their lordly Interest; the title of free Election (the original of all just authorities) must give place to prerogative patent (the root of all exorbitant powers) that Councel must change the derivation of its session, and being from Agreement and election of the souldiery to the patent of the Officers, and none to sit there but commission Officers, like so many patentee Lords in the high Court of Parliament, deriving their title from the will of their General, as the other did theirs, from the will of the King: so that the difference was no other, but in the chang of names: Here was (when at this perfection) as absolute a Monarchy, and as absolute a Prerogative Court over the Army, as Commoners, as ever there was over the Common-wealth, and accordingly this Councel was overswarmed with Colonels, Lieut. Colonels, Majors, Captains, &c. contrary to and beyond the tenour of the Engagement.
Hence followed secret murmurings & whisperings amongst the Prerogative Officers against the session and power of the Agitators, and at length palpable endeavors broke forth to suppress them: & so soon as the Officers had wound up themselvs to a faction, sufficient to overtop them, and finding the privity of the Agitators in their Councels was an impediment to their evil interest and ambition, then it was openly given out, That they stood as souldiers, only to serve the State, and might not as free Commons insist upon their liberty; and that the ground of their refusing to disband, was, only the want of Arrears and Indempnity, which, how contrary to their Engagement, Declarations, Representations, See. Hear, O heavens, and judge, O earth! for doth not their Declaration of Jun. 14. 1647. in their persons thus speak.
“We shall before disbanding proceed in our own and the Kingdoms behalf, &c. especially considering, that we were not a Mercinary Army, hired to serve any Arbitrary power of a state, but called forth and conjured by the several Declarations of Parliament to the defence of our own, & the peoples just Rights & Liberties.” And if of our own, then not to destroy our right of Petitioning, for that is in the number of our own, and so formerly owned by themselves. And further some few lines after they thus proceed.
“The said Declaration stil directing us to the equitable sense of all Laws and Constitutions, as dispensing with the very letter of the same, and being supream to it, when the safety and preservation of all is concerned, and assured us. That all Authority is fundamentally seated in the Office, and but ministerially in the Persons:” And then to confirm and justifie their motion, as Commoners in behalf of the People, they cite the Presidents of Scotland, Netherlands, Portugall, and others; adding this, “That accordingly the Parliament hath declared it no resisting of Magistracy, to side with the just principles and law of Nature and Nations, being that Law, upon which we have assisted you; and that the souldiers may lawfully hold the hands of the Generall (and if of the Generall then of Cromwell, Ireton and Harrison) who will turn his Cannon against the Army, on purpose to destroy them; the Sea-man the hands of that Pilot who wilfully runs the ship upon a rock, as our brethren of Scotland argued, and such were the proceedings of our Ancestours of famous memory, &c.”
Here out of their owne mouths it is contest, That the souldiery are not, nor ought to be mercinary; and that the General (and so consequently all the Officers) may be opposed by the souldiery in case of an immanent destruction to them; and how absolutely destructive it is to them, to be deprived of their right as Commoners, and not suffered upon pain of death or cashierment to petition the Parliament, but to be rendred meerly mercinary to the lusts and ambitions of two or three persons, to serve their pernicious ends, let the world judge: This is a case so plain, so obvious and evident, as none can deny, but that it is a palpable subversion of the Right of the Souldiery; and therfore in such a case they are bound to oppose their Officers, and it is no resisting of the General, nor of the Officers, no more than it is a resisting Magistracy, to side with the just Principles and law of Nature and Nations, as themselves have owned and contest, and if they will not stand to it, they must be kept to it.
And besides, if the equity of the Law be superiour (as they say) to the letter, and if the letter should controll and overthrow the equity, it is to be controld and overthrown it self, and the equity to be preserved, then the rule of the same reason doth tell them, that the Officer is but the form or letter of the Army; and therefore inferiour to the equitable or essentiall part, the Souldiery, and to be controlled and overthrown themselves, when they controll and overthrow the Souldiery in the essentials of their being, life, liberty and freedom, as the souldiery are, when by the Officers rendred meerly mercinary, and denied their right of addresse by way of Petition to the Parliament, for to be tortur’d, enslav’d and opprest, and not suffer’d to complain, but tormented and abused for complaining (although to the Parliament, the undoubted right of an English-man) is the highest cruelty, villany and slavery can be imagined, even Tyranny at the height, and therfore to be opposed by the Souldiery.
And thus, and upon these fundamentals of Nature and Reason the Netherlands made their resistance against the King of Spain. Thus rose the Scots up in arms, and entered this Kingdom, immediately before this Parliament, without all formal countenance or allowance of King or Parliament, since owned and justified by this Parliament. Thus this Parliament took up arms against the King: and thus the Parliament of France now taketh up armes: yea thus this Army enter’d upon their solemn Engagement against the oppressing party at Westminster. And thus may the souldiery renue and revive the same, and even oppose, contradict, dispute and overrule the commands of their Officers themselvs to the contrary, and be equally justifiable with the foregoing presidents. But to return to the matter in hand.
When Cromwell and Ireton, and their faction of self interessed Officers thought they had got the souldiery fast by the brain, as to dote sufficiently upon their transaction and conduct of busines, they then decline the Agitators, decline the Engagement, sleight their Declarations and Promises to the people and Army, rendring the Agitatours but as ciphers amongst them, corrupting some with places, overruling and overawing others, and so bringing the transactions of the Army in order to their solemn Engagement, only to themselves, under the impression and name of his Excellency, and his Councel of War, & so by degrees, step after step they cast out the interest of the souldiery from amongst them, destroied the Engagement, and broke the faith of the Army.
So that the honest souldiery not seeing any redresse, the rights and freedoms of the Nation not cleared or secured, no indempnity or security for arrears, or provision for present pay, no determinate period of time set, when the Parliament should certainly end, no publike vindication of the Army from that most horrid Declaration against the souldiery for petitioning, nor of suppressing and burning Petitions, abusing and imprisoning petitioners, &c.
These things the souldiery beholding and observing, endeavored to restore their Agents to a competent power and ability, to make good the faith of the Army to the people, but then they found the hottest opposition from Cromwell and Ireton with his faction of Officers, as who ever cals but to mind the busines of Ware, when Col. Eyer was imprisoned, and M. Arnold a private souldier was shot to death for promoting and assisting the work of the souldiery in reference to the solemn Engagement of the Army, may know.
And then it may be remembred how insolent & furious Cromwell deported himself against the honest observers of the faith of the Army, it being then made death to observe the Engagement, or but speak for the Agitators: O let that day never be forgotten! let not the bloud of that innocent person be here had out of remembrance, till justice be had for the same; neither let our Engagement or the perfidious perjured subverters thereof be forgotten; for here the Engagement was utterly cast aside, and the Adjutators laid by, and after that no more Agitators would be permitted, but the sentence of death, imprisonment, and cashierments for all that endeavored the reviving thereof was denounced: here the right of the soldiery was clearly destroied, and the Gen. Officers became lords of the name of the Army, assuming the same to themselves, and fitting the impression thereof upon all their future actings, to the abuse and surprisall of the Army; although in deed and in truth no transacting since by Cromwell, Ireton, and their Officers, though in the name of the Gen. Councel of the Army, wil be accounted or imputed to the act of the Army, for it is no Gen. Councel, neither doth it represent the Army, neither hath it the Authority or Commission of the Army therin; for it is another Councel, differing from that of the Engagement of the Army, that was by election, this is by force and obtrusion, in that the soldiery were represented, in this only the Officers, that is to consist of those Gen. Officers concurring with the Engagement, two Com. Officers, and two soldiers chosen out of every Regiment, this is only a Councel of war, whose power doth extend to no transaction in the name of the Army, as Commoners, but only to matters of war, as souldiers: therefore their propositions and tamperings with the King, their march up to London, their violent secluding of so many members from Parl. their triall and execution of the King, of D. Hamilton, Holland, and stout Capel, their erection of the high Court, of the Counsel of State, and their raigning in, & overruling the House, their stopping the Presses, committing violent outrages and cruelties therupon, their usurpation of the civil Authority, &c. are not to be esteemed as actions of the Army, they are not to be set upon the score of the soldiery, for the soldiery hath no mouth in their Councels, neither have they therin to do.
Thus it may well be conceived, that their clothing themselves with the glorious Garments of that Engagement, with their manifold Declarations, Remonstrances, &c. was but in order to what time hath since made manifest, to heave out Stapleton and that faction, to grasp the sole dominion into their own hands: for by their fair speeches and fawning dissimulations, they courted the Souldiery and honest party of the Common-wealth into a strong delusion, even to believe their lyes, their enchantments, and sorceries: Never were such Saints, such curious Angels of light; Pharaohs Egyptian Sorcerers were short of these in their Art. And when by that means they had compassed their ends against Hollis and his, they were so far from insisting upon the premises of their former promises and vows, that they resolve upon an Hocas Pocas trick with the King, and so set upon the work (to make him a Pandor to their dominion and power, to make him a skreen betwixt them and the people) and they drive it to a bargain, Cromwel to be made Earl of Essex, and that (beside his George and blew Ribband) to be a Knight of the Garter, his own son to be Bed chamber-man to the Prince, and his Son in law Ireton, either Lord Deputy of Ireland, or at least Field Marshal General of Ireland, and his own Son (that commanded the Gen. Life Guard) said that the King had cast himself upon his father and brother Ireton, to make his terms for him, and restore him again: [Margin note: This was delivered by Lieut. Col. John Lilburne, and offered by him to be made good upon his life, at the Bar of the House of Commons.] And to that end, they frame expedients sutable to his Prerogative Principles, cunningly interweaving the same in their business called the Proposals for the selling a just and lasting Peace (as they called it) in the heads whereof were couched the several foundations of Regal Tyranny, seating the whole power and authority of this Nation, fundamentally in the Kings will, making the same supreme, or a law paramount, to all the determinations of Parliament: This is the unanimous voice of the 1, 2, and 3. particulars, under the first general Proposal, and the last is a seal to them all. But this expedient failing them, as to their exorbitant intents, they cast off those robes of Royalty with which they had rendred themselves acceptable with the King’s adherents, and laid aside the King and them, finding the way of an Agreement of the People to be much affected and endeavoured after among the Souldiery, they also invest themselves with that Robe, to hide their deformity from the Army; and the better to allay all motions after the same, they confess and acknowledge the excellency and goodness of the premisses, they only find the same unseasonable; and this was drest out in such taking Saint-like language, as the religious people might best be surprised, not suspecting any venemous thing to be lurking under the leaf of their holy and sacred pretences: they call Fasts (a certain fore-runner of mischief with them) cry, and howl, and bedew their cheeks with the tears of hypocrsie and deceit, confess their iniquity and abomination in declining the cause of the people, and tampering with the King; and humbly, as in the presence of the all-seeing God, acknowledge the way of an Agreement of the People, to be the way to our Peace and Freedom; and even then, as soon as they had wiped their eys and their mouths, they proceed even to death, imprisonment or cashierment of all such in the Army as promoted or owned that Agreement; and to fan and cull all such Asserters of the Peoples Freedoms out of the Army, they proceed to disband 20. out of a Troup; by which the honest party of the Souldiery was very much weakned, and all the promoters of Freedom discouraged, and the people struck into desperation; which gave rise unto the second war amongst our selves, and invasion of the Scots: But the same by the great blessing of God being over, they finding the old affection of the Souldiers not yet quenched or much cooled, and great motions in the several Regiments after the Freedom of the Nation; they then formalize again, and to keep the honest party in suspense, and to wait upon their motions, and to cease from their own; and the better to make way to the ambitious intents of those Grandees, they then as a cloke, take up the way of an Agreement again, to present themselves amiable unto us; and a great pudder they make in their Councel about an Agreement, and one they brought forth, but such an one as was most abhorred by such as most fought after the way of an Agreement; so inconsistant it was with the true foundations of equal Freedom and Right; but by this means they so far prevailed over the most constant and faithful friends to the People, as to beget an acquiescence in them for a season, till they in the mean time so far effected their business, as to the introduction of an absolute platform of Tyranie, long since hatched by Ireton, for it was he who first offered that expedient of Government by way of a Councel of State, which was soon after the Armies engagement neer New-market-heath, and which ever since he hath kept in the vail, but now the vail is taken away, and it is now presented to the view of all men; But no sooner was this Monster born into the world, but it devours up half of the Parliament of England, and now it is about adorning it self with all Regal magnificence, and majesty of Courtly attendance, &c. and like the 30. Tyrants of Athens, to head it self over the people: This is, and yet this is not our new intended King, there is a king to succeed, this is but his Vice-roy: O Cromwel! whither art thou aspiring? The word is already given out amongst their officers, That this Nation must have one prime Magistrate or Ruler over them, and that the General hath power to make a law to bind all the Commons of England: This was most daringly and desperately avowed at White-hall; and to this temper these Court-Officers are now a moulding, he that runs may read and fore-see the intent, a New Regality! And thus by their Machiavilian pretenses, and wicked practises, they are become masters and usurpers of the name of the Army, and of the name of the Parliament; under which Visors they have levell’d and destroyed all the Authority of this Nation: For the Parliament indeed and in truth is no Parliament, but a Representative Class of the Councel of War; and the Councel of War but the Representative of Cromwel, Ireton, and Harrison; and these are the all in all of this Nation, which under these guises and names of Parliament, Army, General Councel, High Court, and Councel of State, play all the strange pranks that are play’d.
Deer Countreymen and fellow-souldiers, you that by your adventerous hazards and bloud have purchased a precedency in your Native and just Rights; Consider and weigh these things in your hearts, for surely none are more deeply concerned than your selves, none are more highly infringed of their Rights than you; You are not so much as suffered (how oppress’d or abus’d your selves, how sensible of the miseries of the publike soever) to represent your desires or apprehensions to the Parliament; while you are souldiers, you (in their account) are no Free-men, neither have an equal right in the Common-wealth with other of your fellowmembers therein. The General now tells us, if we will petition, we must lay down our swords; these were his own words unto us. It seems he hath forgot the contest of the Army (in which he concurred) with Stapleton and Hollis about their right of Petitioning as Souldiers; Why then (if this must be their received maxime) did he and the General Councel (as by usurpation they call it) present their petition, since we presented ours, and not lay down their swords and their high places, and petition as private Commoners? We are confident it would be an happy day for England, would they but practise that doctrine they preach unto others; But alas deer friends, it is but in this case with them as in all others, they condemned Stapleton and Hollis, because they were not the Stapletons and Hollis’s themselves; they condemned privat correspondencies with the King, because they were not the corresponders themselves; they condemned the force offered to the Parliament by the tumult of Apprentices, &c. because they were not the forcers themselves; they condemned that monstrous declaration of the Parliament against the Souldiers petitioning; they condemned the imprisoning petitioners, and burning petitions, because they were not the Declarers, Imprisoners, and Burners themselves: As who, that doth but consider their waies, may not plainly discern.
But to trace the foot-steps of those Foxes yet a little further, we shall discover their dealings with us. When they heard that the Soldiers were about a petition in behalf of themselves and the people for whom they had engaged, they thereat were highly offended and enraged, and desperate motions upon it were made in their Conventicle (by themselves stiled the General Councel) some moved for an Act of Parliament, that they might have power to try, judge, condemn, and punish all such, whether of the Army or not of the Army, as should disturb them (as they now call it) by petition to the Parl. or otherwise; and upon the modest reply of one, who desired that the execution of civil affairs, might be left to the Magistrate, Col. Huson answered, we have had tryal enough of Civil Courts, we can hang 20. before they will hang one, and in the Lobby at the Parl. dore, the said Huson breathing out bitter invectives against us Petitioners, who then were waiting at the dore for an answer to our petition, said thus openly, O that any of them (speaking of the Petitioners) durst come into my Regiment, they should never go out; we shall never be quiet till some of them be cut off for examples, and then the rest will be quash’d; there are 10. about this Town that better deserve to be hanged, than those Lords that are at their Tryal before the high Court. And now the Colonels, Lieut. Col. Maj. Capt. of this Gen. Councel, are now moulding up to that sweet temper, insomuch that about March 6. they concluded on the Act, it must now be death to petition, or for any Countryman to talk to us concerning ours and their Freedom: This enforceth us to put you in remembrance of their former words, for out of their own mouths they are judged.
In the Book of the Armies Declaration, pag. 17. we humbly represent in their and our behalfs, as followeth: 1. That whereas it pleased the Honourable Houses of Parliament, having received information of a dangerous Petition in the Army, to declare and immediately to publish in print to the Kingdom, that that Petition did tend to put the Army in distemper and mutiny, to obstruct the relief of Ireland, and put conditions on the Parliament: And declaring the Petitioners if they shall continue in the promoting and advancing that Petition, shall be lookt upon, and proceeded against, as enemies to the State, and disturbers to the publick Peace.
We cannot chuse, but with sadnesse of Spirit be deeply sensible that so humble and innocent Addresse could beget so strange an Interpretation.
Yet now Stapleton and Hollis being removed, are not they in the same steps? do not they call the Humble and Innocent Addresses of the Souldiers to the Parliament, Disturbance to their proceedings, and to the Publick Peace? And do not they seek for worse than a Declaration, an Act of Parliament, to put to death for Petitioning? And even as Stapleton and Hollis would have divided and broken the Army, under the pretence of relief for Ireland, do not these men now do the like? it was formerly opposed and condemned by them, it is now their own expedient.
In the particular charge against the 11. Members, pag. 83. Article 5. That the said M. Hollis, Sr Philip Stapleton, and M. Glyn, have been and are obstructers and prejudices of several Petitioners to the Parliament, for redresse of publick grievances: And the said Mr Hollis, and Sr Philip Stapleton, in the moneth of May, last past, did abuse and affront divers Petitions, offering to draw their swords upon Major Tuleday, and others of the said Petitioners, causing Nicholas Tew to be imprisoned in Newgate, and to be detained a long time there, for no other cause, but for having a Petition about him, which was to be presented to the House: O how carefull were they then, of, the freedom of the People to Petition!
In the eighth Article, fol. 85. Hollis is charged with procuring of the foresaid Declaration against the Souldiers petitioning, as a thing to the great dishonour of the Parliament, to the insufferable injury, the just provocations, discouragement, and discontent of the Army, &c.
O Crumwell, O Ireton, how hath a little time and successe changed the honest shape of so many Officers! who then would have thought the Councel would have moved for an act to put men to death for Petitioning? who would have thought to have seen Souldiers (by their Order) to ride with their faces towards their Horse tailes, to have their Swords broken over their Heads, and to be casheered, and that for Petitioning, and claiming their just right and title to the same? Such dealing as this was accounted in their Representation of Iune the 4. and 5. 1647. to be against the right both of a Souldier and a Subject. And in pag. 33. it thus saith, And if our liberty of Petitioning for our due be denyed us, and be rendred such a crime (as by the said Order and Declaration.) we cannot but look for the same, or worse, hereafter, not only to our selves, but to all the free-born People of the Land in the like case. And so this President (if it stand good) would extend in the consequence of it, to render all Souldiers under this Parliament the worst of slaves, and all Subjects little better. And though there hath been of late in other mens cases, too many dangerous presidents of suppressing Petitions, and punishing or censuring the Petitioners, &c.
Then they could say, (pag. 35.) Let every honest English man lay his hand on his heart, weigh our case, and make it his own, (as in consequence it is) and then judge for us and himself. But if we now lay our hands on our hearts, and weigh their present case, what may we say for them or our selves? we may forbear pronouncing the sentence they have said for themselves and us.
In the Declaration, Iune 14. 1647. fol. 44. We desire, that the right and freedom of the People, to represent to the Parliament by way of Petition, their grievances may be cleared and vindicated.
In the Remonstrance, June 23. 1647. fol. 58. They account the suppressing of Petitioning in the Army, an infringement of the Rights and Liberties, both of Souldiers and Subjects. And (fol. 60. of the same Declaration,) a putting the faithfull servants of the Parliament and Kingdom out of the protection of the Law. Divers other passages of moment out of their own Declarations, Remonstrances, &c. might be cited: but here is sufficient to condemne their violence against, and justifie the Souldiery in Petitioning.
Was there ever a generation of men so Apostate so false and so perjur’d as these? did ever men pretend an higher degree of Holinesse, Religion, and Zeal to God and their Country than these? these preach, these fast, these pray, these have nothing more frequent then the sentences of sacred Scripture, the Name of God and of Christ in their mouthes: You shall scarce speak to Crumwell about any thing, but he will lay his hand on his breast, elevate his eyes, and call God to record, he will weep, howl and repent, even while he doth smite you under the first rib. Captain Joyce and Captain Vernam can tell you sufficient stories to that purpose.
Thus it is evident to the whole World, that the now present interest of the Officers is directly contrary to the interest of the Souldiery: there is no more difference betwixt them, than betwixt Christ and Belial, light and darknesse: if you will uphold the interest of the one, the other must down; and as well you may let them bore holes through your ears, and be their slaves for ever, for your better distinction from free men: for what are you now? your mouths are stopped, you may be abused and enslaved, but you may not complain, you may not Petition for redresse; they are your Lords, and you are their conquered vassals, and this is the state you are in: If a Souldier commit but a seeming fault, especially if by their tentred far fetcht consequences they can make it but reflect on their prerogative greatnesse: Oh to what an height that crime as they call it, is advanced? what aggravations and load is laid upon it? and if there be never an Article in their out-landish Mercinary Articles of Warre, that will touch them; yet they find one in their discretionary conclave, that will doe the businesse, for there must be no standing against the Officers; they must be impeached only by their Peers, the Souldier must not say Black is their eye; if they say the Crow is white, so must the Souldier; he must not lisp a sillable against their treacheries and abuses of the State, their false Musters, and cheating the Souldiery of their pay, though it be their constant and familiar practise: that Souldier that is so presumptuous as to dare to Article against an Officer, must be casheered: Quartermaster Harby was but the other day casheered, but for delivering in a Charge of Delinquency against Lieut. Col. Ashfield, for his perfideous confederacy with treacherous Lilburn, that betrayed Tinmouth Castle: and dayly honest men are casheered for complaining against their Officers: no interest must now stand in the Army, that is against the interest of the Officers, we must all bow to their Lordships, and lay down our necks under their feet, and count it our honour that they will but be pleased to tread upon us, but like worms we must not turn again, upon pain of death, or casheerment. This makes us call to mind the saying of Ireton to honest Major Cobbett of Snow hill, who for joyning with the Agents of the Army asked him, if he were not deluded in his understanding in joyning with the giddy headed Souldiers: and advised him not to run against the interest of himselfe and the Officers. And now we have plainly found what that interest was, it was long a forging, but is now brought forth: but like a Viper, we hope it will gnaw out their own bowels.
But now dear friends, that you may see that their Conclave of Officers at White Hall hath suckt into it the venome of all former corrupt Courts, and interests that were before them, we shall shew you how the Court of the High Commission, the Star chamber, the House of Lords, the King and his Privy Councel are all alive in that Court, called the General Councel of the Army.
First if you do but remember, the King to his death stood upon this principle. That he was accomptable to none but God; that he was above the Parliament, and above the People. And now to whom will these be accomptable? to none on Earth. And are they not above the Parliament? they have even a Negative voice thereover: Formerly the Commons could passe nothing without the concurrence of the Lords, now they dare passe nothing without the concurrence of the Conclave of Officers: we were before ruled by King, Lords, and Commons; now by a General, a Court Martial, and House of Commons: and we pray you what is the difference? the Lords were not Members both of the House of Lords, and of the House of Commons, but those are Members both in the House of Officers, (the Martial Lords,) and in the House of Commons. The old Kings person, and the old Lords, are but removed, and a new King and new Lords, with the Commons, are in one House; and so under a more absolute arbitrary Monarchy than before. We have not the change of a Kingdom to a Common wealth; we are onely under the old cheat, the transmutation of Names, but with the addition of New Tyrannies to the old: for the casting out of one unclean Spirit they have brought with them in his stead seven other unclean Spirits, more wicked than the former, and they have entered in, and dwell there; and the last state of this Common wealth, is worse than the first.
Now as for their High Commission and Star-chamber practises, if you will be pleased to view over an Epitomy of our several Examinations before them; you may have a perfect Embleme of those Courts before your eyes; and to that end (and not out of any vain-glorious folly,) we have subjoyned an Abstract of their Interrogatives, with our Answers; together with their Sentence they passed upon us. But first we desire you to take notice, that the matter which they made the occasion of advantage to proceed against us, was a Paper which we delivered to the General, a Copy whereof (lest you should not have seen it) we herewith present you: and then we shall proceed to our Examinations.
To his Excellency Tho. Lord Fairfax, and his Councel of Officers.
We have lately made our humble addresse unto the peoples Representors in Parliament, concerning some relief to our selves and the Commonwealth, by way of Petition, the meanest and lowest degree of an English mans Freedome that we know of, and yet the same (to our astonishment) hath much distasted and imbittered divers of our Superiour Officers (in this Councel convening) against us, as we perceive, and that even unto death.
We therefore being willing to avoid all occasion of offence and division, and to cleare our selves from all imputations thereof, that in Justice and Reason may be conceived against us, desire, that you would be pleased to consider, that we are English Souldiers engaged for the Freedoms of England; and not outlandish mercenaries, to butcher the people for pay, to serve the pernitious ends of ambition and will in any person under Heaven. That we do not imagine our selves absolved from the solemn Engagement at Newmarket Heath, but to be still obliged before God and the whole world to pursue the just ends of the same; and you may remember your many promises and Declarations to the people upon that accompt, which like the blood of Abel cries for justice upon the perfidious infringers and perverters thereof in this Army. You may further remember, that it hath been a principle by you asserted and avowed, that our being Souldiers hath not deprived us of our Right as Commoners, and to Petition the people in Parliament, we do account in the number of our Birthrights; and you may remember that in the time of the domination of Stapleton & Hollis, you complained against their then endeavour to suppresse the liberty of the Souldiers to petition, as an insufferable infringement of the right of the Army and people; and we hope you did not then condemn it in them, to justifie it in your selves: when the power was theirs, it was then condemned; but now it is yours, how comes it to be justified? In the point of Petitioning, we expected your encouragement, and not to have manacles and fetters laid upon it: it is not the bare name or shadow thereof will satisfie us, while we are gull’d of the essence of it self; it is a perfect freedome therein we desire, not therein to be subjected under the Gradual Negative voices of a Captain, a Colonel, your Excllency, or this Councel, to passe the test from one Negative voice to another for its approvement, we account as the most vexatious Labyrinth of thraldom that in this point can be devised, worse then all the opposition and infringements of Stapleton and Hollis; we had rather that in plain terms you would deny us our right of petitioning, and pronounce and proclaim us absolute Slaves and Vassals to our Officers, then secretly to rob us of the right it self. God hath in some measure opened our eyes, that we can see and perceive; and we desire plain dealing, and not to be met half-way with smooth Expedients, and Mediums facing both wayes, with specious and fair pretences, to overtake our sudden apprehensions, and unawares steal upon us, and so be defeated, as too often we have been, to the woe and misery of the people, and of us: but The burnt child dreads the fire.
Further we desire you to consider. That the strength, the honour and being of the Officer, yea and of this Councel (under God) doth consist in the Arme of the Souldier. Is it not the Souldier that endureth the heat and burden of the day, and performeth that work whereof the Officers beareth the glory and name? For what is, or what can the Officer do without the Souldier? If nothing, why are they not ashamed to deny us our right to petition?
We have long waited in silence, even while we could perceive any hopes of any reall redresse from them. But now finding the Military power in an absolute usurpation of the Civill Jurisdiction, in the place of the Magistrate executing that authority, by which the sword of the Magistrate, and the sword of war is incroached into the self same hands under one Military head, which we disclaim and abhorre, as not having any hand or assent therein at all. And we find a strange and unexpected constitution of a Councell of State, Such as neither we or our fore fathers were ever acquainted with, intrusted with little lesse then an unlimited power, & with the whole force both of Sea and Land, into which is combined the most pernitious interests of our rotten State, Lords, Lawyers, Star-Chamber Judges, and dissenters from the proceedings against the King, And which hath already swallowed up half our Parliament, and we fear to be an expedient to cut off our Parliaments, for ever; for if this Councel of State survive the Parliament, how shall we obtain a new Representative, if the Parliament sit but till a new one be ready to take their places, farwell Parliaments farwell Freedoms.
Further we find, the just and legall way of triall by twelve men of the neighbourhood in criminall cases, utterly subverted in this new constitution of an High Court, a President for ought we know, to frame all the Courts of England by, and to which our selves may be as well subjected as our enemies. And considering not one oppression is removed, not one vexation in the Law abated, or one punctillio of freedom restored, or any fair hopes at all appearing, but oppression heaped upon the back of oppression, double cruelty upon cruelty, we therefore from those many considerations, betook our selves as English men to make our address unto the Parliament, as the proper refuge and authority of the people for our and their addresse, in which by birth we challenge a right, as also by the price and purchase of our hazard and blood; and our Civill Rights we cannot yeeld up, we shall first rather yeeld up our lives.
And thus after the weak measure of our understandings, we judge we have given a rationall and full accompt of the occasion and reason of our Petitioning, and we hope satisfactory to your Excellency and this Councell, humbly praying that you will make a charitable and fair construction thereon.
And we further desire, that you will take speciall notice of the serious Apprehension of a part of the people in behalf of the Common wealth, presented to the House by Lievt. Col. John Lilburn, & divers other Citizens of London, and the Burrough of Southwarke, Feb. 26. now published in print. To the which with due thankfulnesse to those our faithful friends the promoters and presenters thereof, we do freely and cheerefully concur, to stand or fall in the just prosecution thereof, as the most absolute medium to our peace and freedom that hath been produced, and we hope it will produce an happy effect upon this Councell, to prevent the otherwise inavoidable dissolation and devision that will ensue upon us all, which to prevent, shall be the faithfull endeavours of.
Your Excellencies most humble
Servants and Soulders,
Thomas Watson. George Jelles.
William Sawyer.
The Examination and Answers of ROBERT WARD, before the Court Martiall, March 3. 1648.
1. Being call’d in before the Court, the President demanded of him whether he owned the Letter, or no: he answered, Yea; and did admire he should be committed to prison for delivering his judgment to them.
2. They asked him where the said Letter was written, and who was present at the writing thereof: He answered, he thought that Court had abominated the Spanish Inquisition, and Star-chamber practice, in examining him upon Interrogatories, contrary to their own Declarations; and he would rather lose his life, then betray his Libertie.
3. They told him, he had not wit sufficient to compose such a Letter: He answered. The Letter he did own; and as for worldly wisdom, he had not much; but he told the Court, he hoped he had so much honesty as would bear him out in this action; and desired them to remember what Paul spake, how that God did chuse the foolish things of the world to confound the mighty.
4. They said, That notwithstanding what he might think of himself touching honesty, they would not be afraid to proceed in Judgment against him: To which he answered, they might do what they pleased, for he was in their hands, and they might take away his life if they would: but he assured they would bring innocent bloud upon their own heads. They answered, They did not much passe what he did say.
5. They did ask why they did print the Letter: To which hee answered, That he had been in prison, and it was impossible he or they should print in prison.
6. They asked how he proved the Civill and Military sword to be both in one hand. To which he answered. That some that sate in Councel with them, did likewise sit in the Parliament and Councell of State, contrary to what they had propounded to the People in their Agreement.
7. They asked what he had to say concerning the Councel of State. He answered, They did consist of corrupt persons; viz. Starchamber Judges, corrupt Lords, dissenters from the Proceedings against the late King, and of taking away the House of Lords: and trusted with little lesse then an unlimited power: now considering the persons, he told them, it seem’d to him very dangerous.
8. They asked him what he had to say concerning the subversion of our Liberties by the High Court of Justice. He answered: that it was a President (for ought he knew) to frame all the Courts in England by; considering that the lesser doth conform it self to the greater, and to which himself might be brought to tryall as well as others and so deprived of all liberty of exception against Triers.
9. They asked what he said concerning that clause, That no oppression was removed; the King and House of Lords being taken away, the chief cause of all oppression. To which he answered, That it was not the taking away of the King and House of Lords that made us free from oppression; for it was as good for him to suffer under the King, as under the keepers of the Liberties of England; both maintaining one and the same thing; viz. the corrupt administrations in the Law, treble dammage for Tythes, persecution for matter of Conscience, and oppression of the poor.
10. They asked what he thought of the serious apprehension of part of the People, in behalf of themselves and the Commonwealth, delivered to the Parliament by Lieutenant Col. John Lilburn and divers others: To which he being about to answer, they put him forth with confidence that he did own it.
After this they were all committed to prison again: and after three hours call’d again before the Court, and there Sentence read; at which time he told the Court, That they might as well take away his coat as his sword, it being his own proper goods, and never drew it against any but the Nations declared Enemies: and he did appeal from them, to a just God, before whom both they and he should one day appear to give an account of their actions: For the speaking of which, they told him, that by the Articles of War he did deserve death. He told them, it was more than he knew; and so was carried again to prison. And for this deportment, the Marshal General told him he had no more breeding then a Pig.
The Examination and Answers of Simon Grant.
The President asked him whether he did own the Letter: He answered, he did. Then they asked him when he saw the Letter: He told them, before he came to the Generall. They demanded, how long before: Hee told them, two hours. They asked, when, and at what house, and where he did see it first? But apprehending they had not wherewithall to condemn him, but High Commission like sought an advantage out of his mouth, he replyed, if they had any thing against him as matter of Charge, he desired that they would draw it up against him, and if they would give him time, he would answer it. Yes (said Colonel Baxter) and then he that wrote the Letter, would write the Answer. To which he replyed, It was his pleasure to say so. Then the Judge Advocate asked him, whether he did apprehend the Martiall Sword and the Magisteriall Sword were encroached into one another. He answered, he did apprehend it was so; because he did see daily, that many Souldiers did go about to draw and pull men out of their houses, as well as the Civill Magistrate, yea and more. Then he was asked whether he did own all the Letter: He answered, he did own it all. They told him, there were many lyes in it; and asked whether he did own them. But he replyed, that (as he conceived) there was none: he had set his hand to it, and would own it. Many more such like catchizing Interrogatories they put to him; but as frivolous as these.
The Examination and Answers of Tho. Watson.
The President first demanded of him, whether he did own the Letter: He answered, he did own it. Then Col. Huson standing in the Court, told him, he had proclaimed open Wars against the Generall and the Councell. He answered, that Colonel Huson had past sentence upon him, it was in vain for him to say any thing. One of them replyed, that he knew not the practice of the Court. He answered, that they had no reason to accuse or condemn him for declaring his mind in reference to his Freedom, because they had declared in their own declarations, that in such things a man might write and speak his own mind freely. Nevertheless (he told them) if they had a Charge against him, and would produce it, he would answer it, if they would give him time; although they were not capable to judge him, because they declared he had abused the General and the Councel: and he had never heard, that they who were the Accusers, ought also to be the Judges.
Colonel Baxter asked him, Who wrote the Letter. He answered He came not to accuse himself or friends. Then he asked where it was written, and in whose house? He answered, In London. Baxter asked, why he gave orders to have it printed so quickly? He replied, How can you prove that? Then the Judge Advocate told him, it would have been better for him if he had confest, he had found more mercy from the Court, for his obstinacie would gain him nothing. To whom he replied, They had a limited power, and could do nothing but what God permitted them, and they must once appear before a righteous Judge: but as for their Censure, he valued it not. So he was remanded back to prison.
The Examination and Answers of George Jelles.
They demanded if he would own the Letter? He answered, he would, his hand was to it. They asked if he did write it? He answered, he did own it; and desired to know whether they would judge him in matters relating to the freedom of the Commonwealth by their Martial Law? They told him they would, being a Souldier. To which he replied, He was also Commoner of England: but if by their Martial Law he must be judged, he desired to know by what Article, in regard he had broken none? It was answered, upon the Article for Mutinie; and it was death. He replied, he had made no disturbance in the Army; and told them, that in the time of the predominance of Stapleton and Hollis, they then declared the Souldiery might petition the Parliament; but now the power was in their hands, the Souldiery had lost the Liberty thereof; and so desired God and the whole world might be Judge betwixt them. And upon his desiring of them to know whether they had seen the Agreement or no, they answered they had. He replied, it was therein concluded, that the Military sword & the Civil sword should not be encroached under one head. They answered, it was so, but that was left to the next Parliament to alter. But we wish they would tell us when that shall be; it is to be feared, it is never intended; for it is scarce imaginable they will ever venture the test of a new Representative, except they keep it under the sword, as they do this: let us have but a free successive Parliament, and wee’ll run the hazard of it.
Thus he that considereth their catching questions, and but remembreth the High-Commission and Star-Chamber proceedings shall find no difference betwixt these Courts, but in name. Wherefore all English Souldiers or Commoners, that have the least spark of true love to themselves and their Countries freedom, are bound now or never, to unite them selves against those Apostates, those Jesuites and Traitors to the people: Those are the Levellers indeed; for what have they not levelled? There is no trust or confidence ever any more to be had in them: for they have broken their faith with all parties, by which they have advanced themselves to this height of dominion into which they are intruded; and now they reigne as Kings, and sit upon the Throne of their Predecessor, whom they removed, to take succession over the people.
And now we shall give you a Copy of their Sentence they passed upon us, the which Baxter being President (as they call it) pronounced as followeth.
Gentlemen; for so I think I may without offence call you, for as yet you are Souldiers, but truly you are not long to continue so: For you are guilty of high crimes, as your Letter here by you owned doth manifest, being scandalous to the Parliament, Counsel of State, High Court of Justice, and tending to breed mutinie in the Army, for which you have in an high measure deserved death; but through the great mercie of the Court that is waved, and truly they have waved the Sentence again and again, and now they are come as low as possibly they can: and it being late, I shall declare unto you your severall Sentences, which are as followeth.
You shall ride with your faces towards the Horse-tailes, before the heads of your severall Regiments, with your faults written upon your breasts, and your swords broken over your heads, and so be cashiered the Army as not worthy to ride therein; & a Proclamation to be made, that none shall receive you into any Troop, Company, or Garison. And this I would have you look upon as a great mercy of the Court.
Which sentence was accordingly executed upon us, in the Great Palace-yard at Westminster, March 6.
Thus you may see to what passe we are brought. What they have done to us, in the consequence thereof it doth extend equally to you all; for what they have done to us to day, you are liable to suffer to morrow. Thus you may see, they are Wolves in Sheeps clothing, Foxes in the habit of Saints; and their foosteps are in some measure traced and laid open unto you, from their beginning of engageing with the Army to their present Residence in White-Hall: So that from hence we may safely conclude with the saying of Col. Disborrough to Mr. Bull: that they did not intend to keep the Engagement, but provided the Acquiessing businesse at Ware on purpose to make void their engagement, we shall say no more at present, only add a coppy of a petition to the Parliament on which the Soldiers of the Army are proceeding.
To the Supreme Authority of the Nation, The Commons affembled in Parliament: The humble Petition of the Souldiery under the Conduct of THO. Lord FAIRFAX.
That we esteem the liberty of addresse by way of Petition to this Honourable House, a prime and most essentiall part of Freedom, and of right belonging to the meanest member of this Common-wealth.
That we humbly conceive our being Souldiers to be so far from depriving us of our share in this Freedom, as that it ought rather to be a confirmation thereof to us; we having with our utmost hazard of our lives been instrumentall in preserving the same.
That the power of the Officers doth onely extend to the Marshalling and disciplining of the Army, for the better management and execution of marshall Affairs, and that we submitting thereunto, do perform the utmost of obedience that can be required of us as Souldiers. All which notwithstanding, as we are in the capacity of Common-wealths men, we judge our selves as free as any other of the People, or as our Officers themselves, to represent by way of Petition, to this Honourable House, either our Grievances, Informations, or whatsoever else may tend either to the Right of our selves, or the benefit of the Common-wealth. And this is no more then what our Officers themselves have declared to be our Right, and without which we should be our selves the worst of slaves.
That the extraordinary actings of the Army, distinctly of themselves, in reference to the Common-wealth, are grounded upon our solemn Engagement at Newmarket and Triploe Heath, June 14. 1647.
That the Souldiery by that Engagement hath an equall Right and Propriety in and to the Transactions of the Army as Commoners.
That the Officers in matters of that concernment are not (without a free election and consent) the Representers of the Souldiers, as Commoners; but are onely their Conductors in Military matters.
That by vertue of our solemn Engagement, nothing done or to be done, though in the name of the Army, can be taken as the sense or the act of the Army, so as to be imputed to the Army, that is not agreed unto by a Councell to consist of those generall Officers who concur with the Engagement, with two Commission Officers, and two Souldiers to be chosen for each Regiment; or by the major part of such a Councell.
That if your Honors conceive it meet in your actings to concur with the actings of the Army, then it is necessary that with the sense of the Officers you also require the sense of the Souldiers, else not to account of it, or trust to it as the sense of the Army; and without this, we conceive, you cannot be safe, for it is small security, as to the act or faith of the Army, to receive the sense of the Officers, without the concurrence of the Souldiers in Councel, as aforesaid.
That being ejected and deprived of our Right and property in that Councell, we still conceive our selves at freedom to Petition this House; but yet in the late exercise thereof (amongst some of us) we have been very much abused and menaced; and Orders thereupon made by the Generall-Councell, to interrupt our free access to this honorable House, subjecting our petitions for approvement, to pass the Test from Officer to Officer, by which the sense and understanding of the Souldier is surprised and overawed to the pleasure of the Officer, that he must neither hear, see, nor speak but by the eyes, ears and mouth of the Officer; so that the Souldiers right of petitioning is hereby taken from them; for to Petition in that case, can be at most but the bare sence of a few Officers; inconsiderable in comparison of the Souldiery, and so not the minde of the Army, for the Officers disjunct, make not the Army.
That to our great grief we are inforced to complain to this honorable House, that some of us, to wit, Simon Grant, Robert Ward, Thomas Watson, William Sawyer and George Jelles were sentenced by the Court Martiall, to ride with their faces towards their Horse tails; to have their Swords broken over their heads, and to be cashiered the Army, as unworthy therein to bear any Arms, counting it as a mercy of that Court, that their lives were spared; the which sentence was accordingly executed upon them in the great Palace-yard at Westminster, March the sixth: and all was but for petitioning this House, and delivering a paper of account of that action to the Generall-Councell, which is ready, if call’d for to be produced. The consideration whereof doth exceedingly agrieve us, to think that we should in vain undergo our former hardships, that in stead of addition to our Freedoms, we should in this opprobrious manner be rendred the worst of slaves, for we take it as done to our selves: and that to be deprived of our Rights both as Souldiers and English-men, as unworthy to petition or bear Arms, and that by such as are such glorious pretenders to Freedom, is a matter of amazement to us, considering the Crime (as they call it) was no other then above-mentioned.
Wherefore from these weighty Considerations we are enforced to apply our selves again unto this honourable House, and to desire,
First, That as heretofore and according to Right we may be as free to petition this Honorable House, as other our fellow-members in the Commonwealth, and that we may with free and uninterrupted accesse approach with our Petitions (though by enforcement) without our Officers, as the Officers have done in declining of us; and that for our clear satisfaction you would declare unto us, that it is the undoubted freedome of the Souldiery to Petition the Parliament, either singly of themselves, or joyntly with their Officers, or with any other well-affected of the Nation whatsoever, otherwise we cannot but look upon our selves as vassals and mercenaries, bound up by the pleasure and understandings of other men.
2. That the power of the Officers and present Councel of the Army may extend only to the Marshalling and Disciplinating thereof; and that in matters which concern the Common-wealth, we may not be concluded by these Debates, or any thing of that nature taken as the Judgment of the whole Army, but of the Subscribers only, unlesse we shall personally or deputatively give our approbation and consent thereunto.
3. That you would require a revocation of their Order prohibiting us from Petitioning, but by our Officers.
4. That our forenamed fellow-Souldiers, by Order of this Honourable House, may berestored to their former places in their respective Regiments.
5. That according to our solemn Engagement, we may not be divided nor disbanded either in part or in whole, or any of us engaged for Ireland, or any service whatsoever, untill full satisfaction and security be given us in relation to our Rights both as Souldiers and Commoners, that we our selves, when in the condition of private men, and all other the free people of England, may not be subject to the like oppression and tyrannie as hath been put upon us.
6. That the desires of our former Petition which in most particulars hath been shadowed forth by a Petition of the Officers, as also the serious Apprehensions of a part of the people, in behalf of the Commonwealth, presented to this House Feb. 26 by Lieut. Colonell Io. Lilburn, may be speedily taken into consideration, and effectually accomplished, that so we may be more and more encouraged to venture our lives in the protection and defence of so good and just Authority.
T.289 [1649.03.22] (M10) [Anon.] A Declaration of the Parliament of England (22 March, 1649).↩
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Bibliographical Information
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Source or Full titleThis tract was originally published as part of The Struggle for Sovereignty: Seventeenth-Century English Political Tracts, 2 vols, ed. Joyce Lee Malcolm (Indianapolis: Liberty Fund, 1999). Vol. 1 </titles/810#lfMalcolmV1_head_751>.
Estimated date of publication
22 March, 1649.
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Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
Parliament, A Declaration of the Parliament of England
a
DECLARATION
of the
PARLIAMENT
of
ENGLAND,
Expressing the Grounds of their late
PROCEEDINGS,
And of Setling the present
GOVERNMENT
In the way of
A Free State.
LONDON:
Printed for Edward Husband, Printer to the Honorable House of Commons, and are to be sold at his Shop in Fleetstreet, at the Sign of the Golden-Dragon, near the Inner-Temple. March 22, 1648.
Charles Stuart, king of England, was executed on 30 January 1649. The kingdom was left without a ruler. Members of the House of Commons turned to the urgent task of remodeling the government. The House of Lords had opposed bringing the king to trial. When the Lords now offered to assist with the rebuilding, a majority of the Commons turned their wrath on them. On 6 February a resolution stating that the House of Lords was “useless and dangerous and ought to be abolished” passed the Commons without a division. The following day, 7 February, the Commons, now calling itself the Parliament of England, passed a resolution that “the office of a king in this nation, and to have the power thereof in any single person, is unnecessary, burdensome, and dangerous to the liberty, safety and public interests of the people of this nation, and therefore ought to be abolished.” This too was carried without a division.
Bold decisions. Yet it was not until 17 March and 19 March that these resolutions that abolished the House of Lords and monarchy Edition: current; Page: [371] were transformed into acts. Executive authority was entrusted to a Council of State of some forty-one members. Two days later, on 22 March, the Parliament published a declaration that publicly justified their “late proceedings.” These proceedings included the trial and execution of the king as well as the abolition of the House of Lords and the monarchy.
This short but crucial constitutional document has been strangely neglected by constitutional scholars and historians. The text printed below was taken from the single English edition published. The declaration was also published in Latin as “Parliamenti Anglia Declaratio” and, presumably looking to good foreign relations, in other languages as well. Three months later a protest from the Scots Parliament was published objecting to the trial and execution of the late king. And a little more than a year later, on 31 May 1650, an anonymous tract appeared that directly attacked Parliament’s declaration.
A Declaration of the Parliament of England, Expressing the Grounds of Their Late Proceedings, and of Setling the Present Government in the Way of a Free State.
The Parliament of England, Elected by the People whom they Represent, and by them Trusted and Authorized for the Common good, having long contended against Tyranny; and to procure the well-being of those whom they serve, and to remove Oppression, Arbitrary power, and all Opposition to the Peace and Freedom of the Nation, Do humbly and thankfully acknowledge the Blessing of Almighty God upon their weak endeavors, and the hearty Assistance of the well-affected in this Work, whereby the Enemies thereunto, both publique and secret, are become unable for the present, to hinder the perfecting thereof.
And to prevent their power to revive Tyranny, Injustice, War, and all our former Evils, the Parliament have been necessitated to the late Alterations in the Government, and to that Settlement which they judge most conducible to the honor of God, and the good of the Nation, the only end and duty of all their Labors.
And that this may appear the more clearly and generally, to the satisfaction of all who are concerned in it, they have thought fit to Declare and publish the Grounds of their Proceedings.
They suppose it will not be denied, That the first Institution of the Office of King in this Nation, was by Agreement of the People, who chose one to that Office for the protection and good of them who chose him, and for their better Government, according to such Laws as they did consent unto.
And let those who have observed our Stories, recollect how very few have performed the Trust of that Office with Righteousness, and due care of their Subjects’ good.
And how many have made it their study and labor, to satisfie their particular Ambition and Power, with high Pressures and Miseries Edition: current; Page: [373] upon their Subjects; and with what horrid prodigality of Christian blood, upon Punctilio’s of their own Honor, Personal Titles, and Distastes.
And in the whole Line of them, how far hath the late King exceeded all his Predecessors, in the destruction of those whom they were bound to preserve; and instead of spreading his Protection to all, scarce permitting any to escape the violence of his fury.
To manifest this Truth, it will not be improper to take a short view of some passages in his Reign; wherein he much further out-went all his Forefathers in evil, than any Example can be found of punishment.
In the dissolution of the Parliament the second year of his Reign, and afterwards he shewed an unnatural forgetfulness, to have the violent Death of his Father examined.1 The sad business of Rochell and the Isle of Ree,2 the poor Protestants of France do yet lament. The Loans, unlawful Imprisonments, and other Oppressions, which produced that excellent Law of the Petition of Right, were most of them again acted, presently after the Law made against them; which was most palpably broken by him almost in every part of it, very soon after his Solemn Consent given unto it. His Imprisoning and prosecution of Members of Parliament, for opposing his unlawful Will; and of divers worthy Merchants, for refusing to pay Tunnage and Poundage, because not granted by Parliament, yet exacted by him expresly against Law; and punishment of many good Patriots, for not submitting to whatsoever he pleased to demand, though never so much in breach of the known Law. The multitude of Projects and Monopolies, established by him; His Design and Charge to bring in German Edition: current; Page: [374] Horse to awe us into Slavery;3 and his hopes of compleating all by his Grand Project of Ship-Money, to subject every man’s Estate to whatsoever proportion he only pleased to impose upon them. The private Solicitations, promises of Reward, and Threats from him unto the Judges of Law, to cause them to do his Will, rather than equal Right, and to break his and their own Oathes. The Oppressions of the Councel-Table, Star-Chamber, High-Commission, Court-Marshal; of Wardships, Purveyances, Knighthood, Afforrestations, and many others of the like nature, need no large repetition, remaining yet in most of our Memories.
The exact Slavery forced upon those in Ireland, with the Army of Papists to maintain it, and the position of being loose and absolved from all Rules of Government, was but a patern for the intended Model here.4
The long intermission of our Parliaments, and the determination to be troubled with no more, and the great mistake in first sending the new Service-Book into Scotland, raised their opposition against him, and gave no encouragement to the English to engage against them; which with the doubtfulness of success, produced the last short Parliament, which was only considered as to serve the King’s pleasure, to cloak his breach of the pacification with Scotland; and with twelve Subsidies demanded by him to buy out his unlawful and unjust exaction of Ship-money. But failing in his expectation therein, he suddenly and wilfully, to the terror of most men, dissolved it. The Scots upon the Edition: current; Page: [375] King’s breach of his faith with them, and perceiving the discontents amongst us, came with an Army into England. The King by many unjust and unlawful means, raised and brought a great force into the North to oppose them, where being moved by worthy Petitions from several parts, and by the honorable Endeavors of many Noble Persons, but principally by perceiving the backwardness of his Subjects of both Kingdoms, at that time to engage in the destruction of one another; for which end, such numbers of gallant men were prepared by him, whose Office was to be the preserver of them. And seeing no other way, he did at last condescend to do that part of his duty to call this Parliament. Vast sums of money were required and raised of the people of England, to gratifie those by whom they had been highly damnified; and both Armies paid by them, who neither occasioned nor consented to the raising of either. But above all, the English Army was labored by the King, to be engaged against the English Parliament: A thing of that strange impiety and unnaturalness, for the King of England to solicite his Subjects of England, to sheath their Swords in one another’s bowels, that nothing can answer it, but his own, being born a forreigner; nor could it easily have purchased beliefe, but by his succeeding visible Actions in full pursuance of the same.
The first Execution of this design of Misery, fell upon our poor Brethren in Ireland, where so many stores of thousands of them were with such wonderful cruelty murthered, that scarce any bowels but are fill with compassion at it;5 and yet some of the Murtherers themselves have not forborn to affirm, They had the King’s Commission for their Actions.
His late and slender proclaiming of them Rebels; his Consent to a Cessation when the Rebels gained all advantages, and the Protestants were destroyed by it; his intercepting and taking away provisions and Edition: current; Page: [376] supplies going unto them, are no good testimonies of his clearnesse from that blood which cried loud for vengeance.
But to return to England, where appeared matter enough of mourning. Upon the King’s coming in Person to the House of Commons to seize the five Members, whither he was followed with some hundreds of unworthy debauched persons, armed with Swords and Pistols, and other Arms; and they attending at the door of the House, ready to execute whatsoever their Leader should command them.
And upon some other Grounds (whereby doubts being raised in the people, that their grievances would not be redressed, they grew into some Disorders) the King took occasion from thence to remove from London, where presently Forces appeared for him of his own Company at Kingston.
From thence, he travelled to the North, endeavoring to raise Forces there, inticed many Members of both Houses to desert the Parliament and Trust reposed in them by their Countrey, and to join with him in bringing destruction upon their Brethren, and upon themselves. Instead of doing Justice, he protected Delinquents from it. At Nottingham he set up his Standard; from Wales and the Marches, he got together a powerful Army, and gave the first Onset of Battel at Edgehill.
He possest and fortified Oxford his Head-quarter, and many other Towns and places of strength, and prosecuted a fierce and bloody War against the Body of all his own Subjects represented, and then sitting in Parliament; a thing never before attempted by any King in this Nation, and which all men have too sad cause with much grief to remember.
Their Towns and Habitations burnt, and demolished; their pleasant Seats wasted; their Inheritances given away to those that were most active in doing mischief; their Servants, Brothers, Friends, and Children murthered. Thus his own people, whom by the duty of his Office he was bound to protect from all injury, were by himself in person, Edition: current; Page: [377] pursued with fire and sword, imprisonments, tortures, death, and all the Calamities of War and Desolation.
Notwithstanding all this, and in the heat of it, many Addresses were made by the Parliament unto the King for Peace; but in none of them could an Agreement be obtained from him; when the least word of his consent, would have stopped that issue of blood, and torrent of misery, which himself had opened in all the parts of his Kingdom.
When the great God of Battel had determined very much in favor of the Parliament, and the King’s strength was almost fallen away; so that he thought it unsafe to trust himself any longer with his owne Forces, yet would he not then vouchsafe to come in unto the English, but rendered himself to his Countrey-men the Scots, giving unto them the honor both of receiving him, and parting with him again upon their own terms.
After his Restraint, yet further Addresses were made unto him by the Parliaments of both Kingdoms for Peace, with Propositions, not heightened by success. But these would not be granted, there being new and hopeful designs of his in hand, for bringing new miseries upon his people, which an Agreement upon those Propositions might easily have prevented. After this passed the Votes for no further Addresses to be made unto him.
The last Summer the effect of those designs, even whilest he was under restraint, began to break forth; a new vein of blood was opened in the King’s name; a plot laid (as the Terms of their own boasting were) as deep as Hell; the Army divided into several bodies; the fire brake forth in many parts of the Kingdom at once; and for fear lest the numbers of their English should be too small, or their Compassion to their Countrymen too great, a Malignant party in Scotland is easily invited hither. And although at first they understood the Covenant in that Sence, and prosecuted the ends thereof, in joining with the Parliament of England, and fighting against the King’s party; yet now their judgements are rectified to prosecute the same ends by Edition: current; Page: [378] joining with the King’s party, and fighting against their fellow-Covenanters, The Parliament of England. But God will not be mocked; and though this Cloud of fresh Calamities, both here and from the North, threatened the poor Nation, and in all human probability was pouring utter ruine upon us; yet the visible hand of God, as many times formerly, so now mightily and miraculously appeared for us, and led the Army (whom he was pleased to make his Instruments) with that Courage, Wisdom, and Fidelity, as amazed and subdued our enemies, and preserved (under him) all that can be dear unto us.
During these distractions (and by what means is sufficiently known, and related more fully in a late Declaration)6 and eighth Address must be made unto the King, contrived by his party, the Votes of Parliament to the contrary revoked, and Commissioners sent to the Isle of Wight.
Where, instead of yielding to their just desires, whilest they were treating with him for peace, even then was he plotting to raise a new War against them, and to draw more blood of his people. To this end his two elder Sons were in hostility, and armed with power of granting Commissions further to destroy the people committed to his charge.
Upon all these and many other unparalleled offences, upon his breach of Faith, of Oaths and Protestations, upon the cry of the blood of Ireland and of England, upon the tears of Widows and Orphanes, and Childelesse parents, and millions of persons undone by him, Let all the world of indifferent men judge, whether the Parliament had not sufficient cause to bring the King to Justice.
But it was objected (and it was the late King’s own Assertion) That those in his high place are accountable for their Actions to none but Edition: current; Page: [379] God, whose Anointed they are. From whence it must follow, That all the men of this Land were only made for the sake of that one man the King, for him to do with them what he pleaseth; as if they had been all created for no other purpose, but to satisfie the lusts, and to be a sacrifice to the perverse will of a Tyrant.
This will not easily be believed to be so ordained by God, who punisheth, but never establisheth injustice and oppression; whom we finde offended when the people demanded a King, but no expression of his displeasure at any time, because they had no King. Such an unaccountable Officer were a strange Monster to be permitted by mankinde. But this doctrine is better understood by the present age, than in former times, and requireth the less to be said in confutation of it, being enough to confute itself.
For the phrase of Anointed, no learned Divine will affirm it to be applicable to the Kings of England, as to those of Judah and Israel, or more to a King than to every other Magistrate, or Servant of God; or that the words Touch not mine anointed, were spoken of Kings, but unto Kings, who were reproved, and enjoined to do no harm to the Prophets and Saints of God, there understood to be his Anointed.
Another Objection was, That to bring a King to trial and capital punishment, is without precedent.
So were the Crimes of the late King; and certainly, the children of Israel had no known Law or Precedent to punish the Benjamites for their odious abuse of the Levite’s Wife; yet God owned the Action.
There wants not precedent of some of his Predecessors, who have been deposed by Parliaments, but were afterwards in darkness, and in corners basely murthered. This Parliament held it more agreeable to Honor and Justice, to give the King a fair and open trial, by above an hundred Gentlemen, in the most publike place of Justice, free (if he had so pleased) to make his own defence; that part of his Crime being then only objected against him, of which the Parliaments of both his Kingdoms had by their joint Declaration formerly declared him guilty.
Edition: current; Page: [380]With his Offences, were joined all along a strange obstinacy and implacableness, and incessant labour for the destruction of his People; which (with the unerring Truth (wherein is no dispensation for Kings) that No satisfaction shall be taken for the life of a Murtherer, but he shall surely be put to death; and, That the Land cannot be cleansed of the Blood that is shed therein, but by the Blood of him that shed it) brought on and effected the work of Justice upon him.
The King being dead, The next consideration fell upon his Children; from these Branches could be expected no other, than the same bitter Fruit which fell in the Reign of the Father, who had engaged Them in his own ways and quarrel; and the two Eldest so early appearing in actual Arms and Hostility against the Parliament, No more Safety or Security could be hoped for from Them, than from their Predecessor; nor in human probability, as Affairs then stood, any safe way for a sure Peace, and prevention of future Troubles, and to avoid a Succession of Misery; but by taking away the Succession of that, from whence it hath always risen, and would certainly spring again, if permitted to take new Root, the Designs and practices of Kings, their flatterers and evil Councellors.
The Objection is obvious of Injustice, to disherit those who have a Right and Title to the Crown. Surely, the elder Right is the People’s, whom they claim to Govern. If any Right or Title were in the eldest Son, the same is forfeited by the Father’s act, in other cases; even of Offices of Inheritance, which being forfeit for breach of Trust, (a Condition annexed to every Office) none will deny, but that the same excludeth the Children as well as the Officer. But here the elder Sons Leavied War against the Parliament; and it cannot be alledged, That the yonger Children were born to anything.
But the same Power and Authority which first erected a King, and made him a publique Officer for the common good, finding them perverted, to their common Calamity, it may justly be admitted at the pleasure of those whose Officer he is, whether they will continue that Edition: current; Page: [381] Officer any longer, or change that Government for a better, and instead of restoring Tyranny, to resolve into A Free State.
Herein the Parliament received encouragement, by their observation of the Blessing of God upon other States; The Romans, after their Regifugium of many hundred years together, prospered far more than under any of their kings or Emperors. The State of Venice hath flourished for One thousand three hundred years. How much do the Commons in Switzerland, and other Free States, exceed those who are not so, in Riches, Freedom, Peace, and all Happiness? Our Neighbors in the United-Provinces, since their change of Government, have wonderfully increased in Wealth, Freedom, Trade, and Strength, both by Sea and Land.
In Commonwealths, they finde Justice duly administered, the great Ones not able to oppress the poorer, and the Poor sufficiently provided for; the seeds of Civil War and Dissention, by particular Ambition, Claims of Succession, and the like (wherein this Nation hath been in many Ages grievously embroiled) wholly removed, and a just Freedome of their Consciences, Persons and Estates, enjoined by all sorts of men. On the other side, looking Generally into the Times of our Monarchs, what Injustice, Oppression and Slavery were the Common People kept under? Some great Lords scarce affording to some of their Servants, Tenants or Peasants, so good meat, or so much rest, as to their Dogs and Horses. It was long since warned in Parliament by a Privy Councellor to the late King, That we should take heed, lest by losing our Parliaments, it would be with us, as with the Common people in a Monarchy, where they are contented with Canvas clothing, and Wooden shoes, and look more like Ghosts than Men. This was intended for the fate of England, had our Monarch prevailed over us. To bring this to pass, their Beasts of Forrests must grow fat, by devouring the poor man’s Corn; for want of which, he, and his Wife and Children must make many a hungry Meal. A Tradesman furnishing a great man with most part of his Stock; or a Creditor with Money, and expecting due Edition: current; Page: [382] satisfaction and payment, is answered with ill words, or blows, and the dear-bought Learning, That Lords’ and Kings’ servants are priviledged from Arrests and Process of Law. Thus many poor Creditors and their Families, have perished in the Injustice and prodigality of their lawless Creditors.
A poor Waterman, with his Boat or Barge; a poor Countreyman with his Teem and Horses, and others of other callings, must serve the King for the King’s pay; which (if they can get) is not enough to finde themselves bread, when their wives and children have nothing, but the husbands’ labor to provide for them also.
For that one Exaction of the Court, called Purveyance (about which our Ancestors made so many good and sharp Laws; yet none of them could be kept) it hath been lately computed to cost the Countrey more in one year, than their Assessments to the Army.
These are some of those generally observed, and more publike exactions, which were obvious not to the understanding only, but to the sence of the many grieved sufferers; but if the vast expence of the Court in ways of luxury and prodigality be considered; As on the one side by a standing ill ordered diet: for a number of drones and unprofitable burthens of the Earth, by chargeable Feasts; and vainglorious Masques and Plays (their Sabbath days’ exercise or preparations) together with the other (less sinful, but no less) chargeable provisions for Sports and Recreations; for which thousands of Acres, scores of Miles, and great parts of whole Counties have been separated from a much better and publike improvement.
On the other side, by those profuse donations of yearly sallaries and pensions granted to such as were found, or might be made fit instruments and promoters of Tyranny; or else such as had relation to the King in native or personal respects. In which latter kind may be shewed accompts of above fifty thousand pounds per an. that was paid out of the Exchequer to Favorites of the Scotish Nation; besides the secret Edition: current; Page: [383] supplies from the privy purse & otherwise, best known to the Receivers (which may perhaps be one reason why they are so zealous to uphold the Kingly power in this Nation, whereof the King was their Countreyman).
He that observes so many hundreds of thousands communibus annis expended in those ways, and shall know that the legal justifiable Revenue of the Crown (besides the customs and some other perquisites charged with the maintenance of the Navy and Forts) fell short of One hundred thousand pounds, might justly wonder what secret underground supplies fed those streams of vanity and mischief; were it not as notorious, that the Projects, Monopolies, sales of Offices, Bribes, Compositions for breach of penal Laws, and the like ways of draining the people’s purses as wickedly got, so were only fit thus to be imployed. By occasion whereof, the Court arrived at that unhappy height, as to be the great nursery of luxury and intemperance, the corrupters of the maners and dispositions of many otherwise hopeful Branches, sprung from the noblest Families, and an universal perverter of Religion and goodness therein, making good the Proverb, Ex eat Aula qui vult esse pius.
In a Free State, these, and multitude of the like grievances and mischiefs will be prevented; the scituation and advantages of this Land, both for Trade abroad, and Manufactures at home, will be better understood, when the dangers of Projects, Monopolies, and obstructions thereof, are together with the Court, the Fountain of them removed, and a Free Trade, with incouragement of Manufacturies, and provision for poor be setled by the Common-wealth, whereunto the same is most agreeable; and which the former Government had never yet leasure effectually to do.
Upon all these before mentioned, and many other weighty considerations, The Representatives of the People now Assembled in Parliament, have judged it necessary to change the Government of this Edition: current; Page: [384] Nation from the former Monarchy, (unto which by many injurious incroachments it had arrived) into a Republique, and not to have any more a King to tyrannize over them.
In Order hereunto, and for the better settlement of this Commonwealth, it being found of great inconvenience, That the House of Lords (sitting in a Body by themselves, and called by Writ to treat and advise, yet) in the making of Laws, and other great Affairs, should any longer exercise a Negative Vote over the people, whom they did not at all represent; And likewise, a Judicial power over the Persons and Estates of all the Commons, whereof they are not competent Judges; and that their power and greatness did chiefly depend upon the power and absoluteness of a King, whereunto they had lately expressed a sufficient inclination.
And it being most evident, That (especially in these times of Exigency) neither the Government of Republique, nor the common safety could bear the Delays and Negatives of a House of Lords, It was therefore thought necessary, wholly to Abolish and take the same away.
Leaving nevertheless unto those Lords, who have been, and shall be faithful to the Commonwealth, the same priviledge of choosing, and being chosen Representative of the People, as other persons of Interest and good affections to the Publique have Right unto; and which is not improbable to have been the way of our Ancestors, when both Lords and Commons formerly sat together.
But an Objection is frequently made, concerning the Declaration of the Houses, of April, 1646, for Governing the Kingdom by King, Lords and Commons, and other Declarations for making him a great and happy Prince.
It was fully then their intent, being at that time confident, That the King’s ill Councel once removed from him, he would have conformed himself to the desires of his People in Parliament, and the Peers who remained with the Parliament, would have been a great cause of his so doing. But finding, after seven fruitless Addresses made unto Edition: current; Page: [385] him, that he yet both lived and died in the obstinate maintenance of his usurped Tyranny, and refused to accept of what the Parliament had declared. And to the upholding of this Tyranny, the Lords were all obliged, in regard of their own Interest in Peerage; whereby they assumed to themselves an exorbitant Power, of Exemption from paying of their just Debts, and answering Suits in Law; besides an Hereditary Judicatory over the People, tending to their Slavery and Oppression, The Commons were constrained to change their former Resolutions, finding themselves thus frustrated in their Hopes and Intentions so declared. Which change being for the good of the Commonwealth, no Commoner of England can justly repine at. Neither could the King or Lords take any advantage thereof, because they never consented thereto; and where no Contract is made, there none can be said to be broken. And no Contract is truly made, but where there is a Stipulation on both sides, and one thing to be rendered for another; which not being in this case, but refused, the Commons were no ways tied to maintain that Declaration; to the performance of which, they were not bound by any Compact or acceptance of the other part, and to the alteration whereof, so many Reasons for the preservation of the People’s Liberties did so necessarily and fully oblige them.
Another Objection is, That these great Matters ought (if at all) to be determined in a full House, and not when many Members of Parliament are by force excluded, and the Priviledge so highly broken, and those who are permitted to sit in Parliament, do but Act under a force, and upon their good behavior.
To this is answered, That every Parliament ought to Act upon their good behavior; and few have Acted, but some kinde of force hath at one time or other been upon them; and most of them under the force of Tyrannical Will, and fear of ruine by displeasure thereof; some under the force of several Factions or Titles to the Crown. Yet the Laws made, even by such Parliaments, have continued, and been received Edition: current; Page: [386] and beneficial to succeeding Ages. All which, and whatsoever hath been done by this Parliament, since some of their Members deserted them, and the late King raised Forces against them, and several Disorders and Affronts formerly offered to them (if this Objection take place) are wholly vacated.
For any breach of Priviledge of Parliament, it will not be charged upon the remaining part, or to have been within their power of prevention or reparation; or that they have not enjoyed the freedom of their own persons and Votes, and are undoubtedly by the Law of Parliaments, far exceeding that number which makes a House, authorized for the dispatch of any business whatsoever. And that which at present is called a Force upon them, is some of their best Friends, called and appointed by the Parliament for their safety, and for the guard of them against their Enemies; who by this means being disappointed of their Hopes to destroy the Parliament, would nevertheless scandalize their Actions, as done under a force, who, in truth, are no other, than their own Guards of their own Army, by themselves appointed. And when it fell into Consideration, Whether the Priviledge of Parliament, or the Safety of the Kingdom, should be preferred, it is not hard to judge which ought to sway the Ballance; And that the Parliament should pass by the breach of Priviledge (as had been formerly often done upon much smaller grounds) rather than by a sullen declining their Duty and Trust, to resign up all to the apparent hazard of Ruine and Confusion to the Nation.
There remains yet this last and weighty Objection to be fully answered, That the Courts of Justice, and the good old Laws and Customs of England, the Badges of our Freedom (the benefit whereof our Ancestors enjoyed long before the Conquest, and spent much of their blood, to have confirmed by the Great Charter of the Liberties, and other excellent Laws which have continued in all former changes, and being duly executed, are the most just, free, and equal of any Edition: current; Page: [387] other Laws in the world, will by the present alteration of Government be taken away, and lost to us and our posterities.
To this, they hope some satisfaction is already given by the shorter Declaration lately published;7 and by the Real Demonstrations to the contrary of this Objection by the earnest care of the Parliament, That the Courts of Justice at Westminster should be supplied the last Term; and all the Circuits of England this vacation, with learned and worthy Judges; that the known Laws of the Land, and the Administration of them, might appear to be continued.
They are very sensible of the excellency and equality of the Laws of England being duly executed; of their great Antiquity, even from before the time of the Norman slavery forced upon us; of the Liberty, and property, and peace of the Subject, so fully preserved by them; and (which falls out happily, and as an increase of God’s mercy to us) of the clear Consistency of them, with the present Government of a Republique, upon some easie alterations of Form only, leaving intire the Substance; the name of King being used in them for Form only, but no power of personal Administration or Judgement allowed to him in the smallest matter contended for.
They know their own Authority to be by the Law, to which the people have assented; and besides their particular Interests, (which are not inconsiderable) they more intend the Common Interest of those whom they serve, and clearly understand the same, not possible to be preserved without the Laws and Government of the Nation; and that if those should be taken away, all industry must cease, all misery, blood, and confusion would follow, and greater calamities, if possible, than fell upon us by the late King’s misgovernment, would certainly involve all persons, under which they must inevitably perish.
Edition: current; Page: [388]These Arguments are sufficient to perswade all men to be well contented to submit their lives and fortunes, to those just and long approved Rules of Law, with which they are already so fully acquainted, and not to believe, That the Parliament intends the abrogation of them.
But to continue and maintain the Laws and Government of the Nation, with the present alterations; and with such further alterations as the Parliament shall judge fit to be made, for the due Reformation thereof, for the taking away of corruptions, and abuses, delays, vexations, unnecessary travel and expences, and whatsoever shall be found really burthensome and grievous to the people.
The sum of all the Parliament’s design and endeavor in the present change of Government, from Tyranny to a Free State; and which they intend not only to declare in words, but really and speedily endeavor to bring to effect, is this;
To prevent a new War, and further expence and effusion of the Treasure and Blood of England; and to establish a firm and safe peace, and an oblivion of all Rancor, and ill will occasioned by the late troubles; to provide for the due Worship of God, according to his Word, the advancement of the true Protestant Religion, and for the liberal and certain maintenance of Godly Ministers; to procure a just Liberty for the Consciences, Persons, and Estates, of all Men, conformable to God’s Glory and their own Peace; to endeavour vigorously the Punishment of the cruel Murderers in Ireland, and the restoring of the honest Protestants, and this Commonwealth, to their Rights there, and the full Satisfaction of all Engagements for this Work; to provide for the settling and just observing of Treaties and Alliances with foreign Princes and States, for the Encouragement of Manufactures, for the Increase and Flourishing of Trades at home, and the Maintenance of the Poor in all Places of the Land; to take Care for the due Reformation and Administration of the Law and public Justice, Edition: current; Page: [389] that the Evil may be punished, and the Good rewarded; to order the Revenue in such a Way, that the public Charges may be defrayed, the Soldiers’ Pay justly and duly settled, that Free-quarter may be wholly taken away, the People be eased in their Burdens and Taxes, and the Debts of the Commonwealth be justly satisfied; to remove all Grievances and Oppressions of the People, and to establish Peace and Righteousness in the Land.
These being their only Ends, they cannot doubt of, and humbly pray to the Almighty Power for, his Assistance and Blessing upon their mean Endeavours; wherein as they have not envied or intermedled, nor do intend at all to intermedled, with the Affairs of Government of any other Kingdom or State, or to give any Offence or just Provocation to their Neighbours, with whom they desire intirely to preserve all fair Correspondence and Amity, if they please; and confine themselves to the proper Work, the managing of the Affairs, and ordering the Government of this Commonwealth, and Matters in order thereunto, with which they are intrusted and authorized by the Consent of all the People thereof, whose Representatives, by Elections, they are. So they do presume upon the like fair and equal Dealing from abroad; and that they, who are not concerned, will not interpose in the Affairs of England, who doth not interpose in theirs. And in case of any Injury, they doubt not but, by the Courage and Power of the English Nation, and the good Blessing of God, (who hath hitherto miraculously owned the Justness of their Cause, and, they hope, will continue to do the same) they shall be sufficiently enabled to make their full Defence, and to maintain their own Rights.
And they do expect from all true-hearted Englishmen, not only a Forbearance of any public or secret Plots or Endeavours, in Opposition to the present Settlement, and thereby to kindle new Flames of War and Misery amongst us, whereof themselves must have a Share; but a chearful Concurrence and acting for the Establishment of the Edition: current; Page: [390] great Work now in Hand, in such a Way, that the Name of God may be honoured, the true Protestant Religion advanced, and the People of this Land enjoy the Blessings of Peace, Freedom, and Justice to them and their Posterities.
T.186 (6.6) [John Lilburne], The Second Part of Englands New-Chaines Discovered (24 March 1649).↩
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Bibliographical Information
ID NumberT.186 [1649.03.24] (6.6) [John Lilburne], The Second Part of Englands New-Chaines Discovered (24 March 1649).
Full title[John Lilburne], The Second Part of Englands New-Chaines Discovered: Or a sad Representation of the uncertain and dangerous condition of the Common-Wealth:
Directed To the Supreme Authority of England, the Representors of the People
in Parliament assembled. By severall wel-affected persons inhabiting the City
of London, Westminster, the Borough of Southward, Hamblets, and places adjacent,
presenters and approvers of the late large Petition of the Eleventh of September.
1648. All persons who are assenting of this Representation, are desired to
subscribe it, and bring in their Subscriptions to the Presenters and Approvers
of the foresaid Petition of the 11 of Sept.
London, Printed in the Year, 1649.
24 March 1649.
Thomason Tracts Catalog informationTT1, p. 732; Thomason E. 548. (16.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
To the Supreme Authority of England, the Representors of the People, in Parliament Assembled. The Sad Representation of the uncertain and dangerous Condition of the Common-wealth: By the Presenters and Approvers of the Large Petition of the 11. of September, 1648.
IF OUR hearts were not over-charged with the sense of the present miseries and approching dangers of the Nation, your smal regard to our late serious Apprehensions, would have kept us silent but the misery, danger, and bondage threatned is so great, imminent, and apparent, that whilst we have breath, and are not violently restrained, we cannot but speak, and even cry aloud, until you hear us, or God be pleased otherwaies to relieve us.
Nor should you in reason be with-held from considering what we present you withal, through any strangeness that appeareth therein; For what was more incredible, than that a Parliament trusted by the people to deliver them from all kinds of oppression, and who made so liberal effusion of their bloud) and waste of their estates (upon pretense of doing thereof) should yet so soon as they were in power, oppress with the same kind of oppressions, which yet was true in the time of Hollis and Stapletons faction, and who, (as the King and Bishops had done before) laboured for an Army to back and perpetuate them therein.
Nor were our Petitions then presented (wherein we justly complained of those oppressions, and fore-warned them of the danger ensuing) the less considerable for their burning them by the hand of the common hangman; Nor the Petitioners the more blame-worthy for being reproched with the names of Atheists, Hereticks, and seditious Sectaries (as now with Jesuite, and Leveller) Aspersions being the known marks of corrupt States-men, and usually working no other effect, but the discredit of the Aspersers. Yet were there then many who believed their reports of us, and they were as impatient with us, for our taxing them with their wicked and pernicious designs, as others are now for our presuming to detect them, who are so high in present power and reputation: But it is now evident, that it is possible for our Physitians to bring us into a more dangerous condition than they found us.
And though experience hath made us wofully sensible, that nothing is more dangerous to any people than their bearing with unjust, covetous, or ambitious practises in those they trust; Yet did we forbear to interpose our judgements, or to oppose those mens designs, until they had made a large progress toward our bondage, and endeavoured to grasp the power of the Army into their hands, thereby to enforce their Tyrannie Upon us; insomuch that it was almost too late to give check to their wicked intentions: so unwilling were we to believe it possible for men who all along pretended liberty and redress of grievances, to degenerate so soon into the grossest Principles and practises of long setled Tyrannies.
And much more do our Consciences bear us witness of our backwardness to believe any evil intentions in those who not only were most vigorous and successful against the common enemy, but seemed so sensible of the injustice and trechery of that prevalent faction in Parliament, as to engage with the utmost of their might, as if they had really intended to deliver the Nation from that dangerous thraldom, so that we both durst, and did many of us, venture our lives upon their fidelity; Yea so powerful, perswasive, and contentful were their first Engagements, Papers, and Remonstrances, so fraught with self-denying Doctrines, tender of the Nation, and satisfaction to all interests; as even regard to the peace lulled all peaceable People into a sound sleep of security, casting all their care upon the General Councel of the Army, as upon a People they thought could never have the face to decline either those principles, or to neglect the performance of so many engagements, promises, and protestations, made as in the presence of the all-seeing God, frequently calling upon him, the searcher of all hearts, to bear witness to their integrity and sincerity therein: Insomuch that we (who alwaies with some warinesse observed them) many times denyed our own understandings rather than we would draw hasty conclusions from evident testimonies of their defection.
But when after they had once sleighted the Agitators, and discountenanced those Officers and Souldiers, who first engaged against the destructive Votes of Parliament; such as stood firm to their engagements at New-market, and Triploe Heath: when we saw they not only neglected them, but adhered to persons sent from Parliament and City, in those corrupted times, and fell immediately to plead for Negative Voyces in the King, and Lords; checking and controuling those that opposed: When we understood their General Councels (which according to their engagements ought to have consisted only of two select Commission Officers, and two private Souldiers, chosen by every Regiment, with such General Officers as assented to the Engagement, and no other) were nevertheless overgrown with Collonels, Lieut. Collonels, Majors, and others, not chosen and many of them dissenters from the said Engagement; and that some few eminent persons presum’d above measure therein, and in effect over-awed and controuled those Councels: and that the contrivance of a Councel of State, was the great engine which those Councels laboured to bring about: when we found them not only to Court the King, by kissing his hand, and the like, and that a correspondency was held between him and the General Officers, and Agents sent to and fro continually, whereby they came to so neer a close, as that their Proposals were not only received, but corrected and amended by the King, before they were sent to the House, till they became very consistent with his ends and Prerogative: and those Officers so engaged thereby, as to be moved to impatience towards any that spake a sillable against this their trafique and intercourse with him: upon which likewise, they concluded an Agreement with the opposing Cittizens of London, without so much as calling the Agitators to advize thereupon. Seeing, Hearing, and Understanding these things, no marvel if we were staggered in our Beleefe of their integrity.
But that a person so deeply charged as the Earl of Manchester, and other grand self-seekers of this House should be entertained with so great respect, and guarded to their places in Parliament, and that notwithstanding the prevailing power of the Army, those who had usurped the Authority of the House, and Voted a new warre, were nevertheless permitted to sit and Vote there, and that contrary to the importunate desires of the Agitators, and the Remonstrance of the Army: and then one of the first fruits of this their conjunction was the passing of an Ordinance for Tythes, upon trebble dammages, which the corrupt Clergy had presented (in the absence of the Speaker) to Pelhams Parliament; and the burning of Mr Biddles Book, by the Common Hangman; and imprisoning his person: and that notwithstanding their glorious March through London, the prerogative Prisoners in the Tower, New-gate, and elsewhere, were utterly neglected, and the Councel of those friends sleighted, who had been instrumental, even to the losse of some, and the hazard of all their lives, to make an easie and unbloudy passage for the Army into Southwark and the City. Upon observation of these and abundant more particulars, which we could enumerate, we concluded, that the Councels of the Army were not steered as at their first engagement, by the select persons chosen thereunto, nor for the ends in that engagement expressed; but by some other powerfull and over-ruling influences, that intended other matters then were pretended, and that laboured by all possible means to convert the honest endeavours of good men in the Army, and elsewhere, and the happy success God had blessed them withall, to the advantage of their Lusts, Pride, and Domination: And as time came on, it more and more appeared, that they intended meerly the establishment of themselves in power and greatnesse, without any regard at all to the performance of their promises and engagements, or any respect to the faith and credit of the Army, or to the peace and prosperity of the Common wealth, and that they walked by no rules or principles either of honesty or conscience; but (as meer pollititians) were governed altogether by occasion, and as they saw a possibility of making progress to their designs, which course of theirs they ever termed a waiting upon providence, that with colour of Religion they might deceive the more securely.
Now that this may appear no slander, we entreat that without partiality, their after proceedings may be throughly scan’d: as first, at Kingston it was proposed by the Agitators, friends of London, Southwark, and the places adjacent, that the Tower, City, and Borough, might be secured by the well-affected Inhabitants, and not by Souldiers, that so trade and traffique might be preserved, which otherwise would be driven away (as it soon after proved) And that it was hoped they tended not to secure any place by Souldiers, when the wel-affected Inhabitants were able to secure it. Which advise proceeded as well from our respects to the City and neighbour places, as upon fears of what we know to be the practise of other Tyrants (and therefore doubted would be exercised by those) namely, the garisoning great Towns, thereby to keep the people, as well in poverty, as in continual aw and subjection.
Which advise, though assented unto by the Agitators, was yet rejected by the grand Officers, and a new Regiment raised, to the further charge of the Common-wealth; the Proposers themselves being dismissed with reproches, and the Agitators thrust out, and not permitted to observe how they were dealt withal.
At which time also its very remarkable with how much height of State they observed the King at Hampton Court, visiting him themselves, and permiting thousands of people dayly to visit him, to kiss his hand, and to be healed by him, whereby his party in the City, and every where, were exceedingly animated, his Agents being as familiar at the head-quarters, as at the Court. Then on a sudden, when, the House complyed not with their purposes, in all hast it was to be purged, and thereupon they publish a large Remonstrance, Aug. 18. stuffed with publike reasons, to shew the justness and necessity thereof: but the House again complying, through the sight of their Remonstrance, though no whit changed in respect of its corruption; & they finding, if it were purged, it would not be for their design; they make nothing of their former resolution, but continue it in its corrupt condition, and sit with them themselves.
Then they fall to work again about the King, and send the propositions of New-castle to him, which they knew, and were agreed he should not sign; in the mean time, they so wrought the King by deep promises, and hopes of restauration, as that he inclined much to countenance the Army, gave out words in their favour, and in his answer to the House, prefer’d their Proposals, before the Parliaments Propositions; in lieu thereof, the great ones of the Army themselves, endeavoured the revival of a Treaty, and some of them in the House, were very violent against motions of no more Address, and expressed it was the sense of the Army that further Address should be made, and that except they would make Addresses of another nature to the King, they could not promise them the assistance of the Army; and accordingly they take pains to work every man at the head-quarters; upon which, petitions were attempted in the Army, in favour of a Treaty, and some conscientious, but weak people, were drawn to second their design, with a Petition for a Personal Treaty, which they had ready at the House dore.
These strange and mysterious proceedings, occasioned a new face of things in the Army, many of the Officers being much distasted thereat, & whole Regiments chusing new Agents to look after the publike, as fearing things were runing head-long into a most dangerous condition: The far greater number of the Officers, would not by any means indure to hear of the Armies compliance with the King, and the Agents finding all former engagements, promises, and declarations broken, and utterly neglected, and the Common wealth in danger of utter dissolution, produce an Agreement of the People, upon grounds of Common Right, for uniting of all unprejudiced people therein; the great Officers very much oppose it a while, as having set up another Interest: but seing the same take with the Army, profes though at present their judgements could not so far close with it as to act for it, yet they would never oppose it. Hereupon the whole frame of the design alters, and the matters in projection with them were how to disengage themselves, and be rid of the King, and how likewise to discountenance and keep under the discerning party in the Army. In order to the first, they cast about how to get the King into the Isle of Wight, where they might both easier keep others from him, and the more entirely possess him themselves; and that he might with willingness be hurried thither, they work upon his fear; suggesting to him, that there was an intention in some violent persons to murder him, and perswade him to leave that in a letter, as the cause of his remove. To make which the more credible, they wrought L. Col. Hen. Lilburn to asperse his brother John (who then stood in the way of the great men of the Army) with a base & abhorrid resolution of being one that intended to murder the King; to the proof whereof they would never suffer the Asperser to be brought (though solicited thereunto by a Petition from divers well-affected persons) but insteed thereof, for that perfideous service, they advanced him to the government of Tinmouth Castle above his brother Robert, where retaining the leven of his Apostacy, which the Gen. Officers had laid in him, he suffered the deserved reward of a perfidious traytor.
And though the General Officers enclined him to this revolt themselves, as well by their example, as by countenancing him in the beginlung thereof; and though for the same he incurred the extreme displeasure of his Father, and Kindred, yet are both his Father and Kindred by the Officers themselves and their Associates aspersed with the fact, as if tainted with guilt and contammination thereof.
Thus did they kill two birds with one stone, framing a Name for them which of all others is most distastefull to the People, and was therefore most likely to beget a beleef of the pretended assassination.
Where (by the way) we desire it may be observed, that notwithstanding the word Leveller was framed and cast upon all those in the Army (or elsewhere) who are against any kind of Tyranny, whether in King, Parliament, Army, Councel of State, &c. And though it was not so much as beleeved to concern those upon whom they cast it, the inventers having often professed as much, yet have they both themselves and by their Instruments industriously propagated the same, and insinuated both this and other slanders of us into the hearts of all the easy and credulous people they could meet withall.
But to returne, The King thus removed, they judge themselves at good leisure to deal with the Agreers for the People, and so suddainly violent they became in that work, that at the first Randezvous neer Ware, they shot a Souldier to death, for pursuing the ends of the Engagement at New-market, and for insisting upon the Agreement for the People; unworthily abused Major Skott, a Member of this House, sent him up a prisoner, and accused him and Col. Rainsborough for appearing in behalf of the Agreement, and therewithall sent Col. Ayres, Major Cobbet, Capt. Bray, and many others after them prisoners to Windsor, where, as Parties, Judges, and Juries, the Officers did what they would against them, sentencing some to death, others to disgracefull punishments, restraining and releasing at pleasure, and with as much Arbitrarinesse as ever was in the world, and could not be diswaded though Mr Saltmarsh and others bore full testimony against the cruelty and injustice thereof. Hereupon at the House they procured at once the imprisonment of five cordial Citizens, for justifying the Agreement of the People, and requiring justice for the blood of the Souldier that was shot at Ware, disfranchized them, and under the notion of London Agents forbad their meetings. And when now they thought they had moulded and qualified the Army to their own bent, and had gratified their complying Officers, with the cruelty upon the Levellers (for so they have stiled all who have manifested any sence of Common Right) and had found that they could be nothing so great, rich, and potent, upon a close with the King, and that it would be impossible for them to hold either Officer or Souldier firm to them, in case of such composure. Hereupon uterly to frustrate his hopes that way, they prevail with the House to Vote no more Addresses; and so vanisht away all their glorious flattery of the King and his Party, and their notorious dissimulation appeared, abusing thereby the Faith of the Army, and making it cleer to all discerning men, that such as could so break with one sort of men, will make no Conscience of keeping faith with any.
Their next work was to new-mould the City, and make it theirs, for which purpose they brought some Regiments of Horse and Foot, to White Hall and the Muse, to the extreme discontent of the City, and provoke them further by keeping their Lord Mayor, and some of their Aldermen in the Tower, without admitting them to a Legal Tryal, though upon Petitions and earnest Desires: at last they were referred to be tryed by the Lords, contrary to the known Law of the Land; but their jurisdiction being disclaimed, after a while they were released without any Tryal at all, their end being accomplisht, which was the terror of the City, and changing the Magistrates thereof, so as should best serve their designes.
About this time also they began to exercise their Marshal power over persons not of the Army, and did sentence Mr William Thomson to death at White Hall. And then also they began to new moddel the Army, and for that end, though the new raised Regiment for the Tower was thought no burthen, yet upon pretence of easing the charge of the Common wealth, the Life-Guard must be disbanded, because consisting of discerning men, faithfull to their Country and former promises, and many others of like principles were pickt out of every Regiment; the designe being by weeding the choisest and best resolved men, to make the Army wholy mercenary, slavish, and the Executioners of a few mens lusts and lawlesse Pleasures.
All which those good men perceiving and resolving thereupon not to be disbanded according to the Agreement at New market, till the ends therein expressed were fully gained, they were enforced thereunto by Tyrannicall Sentences of Imprisonment and Death (though the Officers themselves had formerly refused to disband upon command of Parliament upon the same grounds and strength of the same engagement:) By all which t’is evident, that according to the maxime of Polititians, they judge themselves loose, where other men are bound; and that all obligations are to them Transitory and Ceremoniall, and that indeed every thing is good and just only, as it is conducing to their corrupt and ambitious interests.
And thus the most hopefull opportunity that ever England had for recovery of our Freedome, was spent and consumed, in such their uncertaine staggering motions, and arbitrary, irrationall Proceedings, whereby all partyes became extreamly exasperated, as People that had been meerly mock’d and cheated by faire promises, and under the most religious Pretences &c. Hereby the Army that had but few moneths before been the joy and hope of all sorts of Rationall People, was made a by-word, a hissing and a Reproach to the whole Nation: insomuch that those (in hope of their large good Promises, and protests in their Declarations) who thought nothing too precious for them, now grudged them bread & were ready to stone them in all places where they came; Trade fled Poverty increased, and discontents abounded, till at length broke out such a flame as no time had ever seen before; and no doubt was the propper issue of such horrid delusion, ministring such matter for a generall Rising and Revolt, as all former policies could never attain to, and more threatning the ruine of the Nation then all the former forces and stratagems of the enemies; and which is rightly to be imputed to the unjust partiall and perfidious dealings of these men.
But when they saw what a strange predicament they had brought themselves into and which they would never beleeve, till it was come upon them (no more then now they will) they had before manifested a greater obstinacy, then now they did a serious Repentance (which yet as the sequell proves, was but a counterfeit) though (as God knoweth) we were overjoyed to beleeve it reall: Acknowledging, with the greatest expressions of sorrow, that they had walked by corrupt Pollitick Principles; That they had been to blame in Actings against honest men; That the name of Leveller, Jesuite or the like reproaches, should never be more heard amongst them, that if ever the Nation be happy, it must be by a conjunction in the Levellers Principles, calling upon all, to lay by all Discontents, to forget and forgive, and to unite all against the Common enemy and promising with greatest asseverations, That if God, upon our joynt endeavors, should be pleased to deliver us out of this Sea of danger, that they would never divide from just Principles, nor in the least discountenance honest men as they have done, nor endeavor to set up a party, but cast themselves upon an agreement of the People for the future settlement of the Peace of the Nation: but how and what performance they have made, that we shall intreat, may be impartially observed in the ensuing story; And for a full and timely proofe of their Relapse, & Discovery of their dissimulation; No sooner had they (through Gods blessing and the assistance of their reconciled friends) finished their worke at Colechester, but presently they call to question certaine Persons, that had appeared at St. Albanes in behalf of Captaine Reynalds, chusing rather to forsake the Service, then to be commanded by Captaines, that had been violent against them, that had drunke the Kings Health upon their knees, and profest they could rather fight against the Levellers then Cavaliers, and these (according to their old wont) they sentenc’d to Death, and soon after releast them, as finding or supposing this kinde of Discipline most essentiall, to the breaking and debasing the spirits of the English.
And because Col. Rainsborough had ever opposed their unjust Proceedings, they withdraw him from the Army, by a plausible, but a Tittular command at sea, where by the straitness of his Commission, he not having thereby the command of the Shippes or Officers, he could neither restrain their Revolt, nor preserve himself from being expulsed at the Seamans pleasure out of that employment.
Then upon his return the ruling Officers finding him as inflexible to their ends as formerly, they put him upon that dangerous and unhappy Service before Pomfret (notwithstanding a Commander had been appointed thereunto by the Committee of Yorke) whether he went with much Reluctancy and discontent, as wondering at the Cause of his being Design’d thither, and expressing as much to his Friends, his sad soul presaging the misfortune, which after befell him. But that which gives greatest cause of grief and suspect to his friends, is, that his Brother receives no furtherance, but rather, all discouragement that may be in searching after, and prosecuting the causers of that so bloody and inhumane a Butchery.
In the North, though during the Service and Necessities of the Army, the Levellers (as they are call’d) were countenanc’d and taken into the Bosome, who thereupon (forgetting all former affronts and disrespects) did liberally hazzard their lives, without suspition of fraud and delusion Yet the Necessities being over, and the enemies subdued) they renew fresh disgraces, and fall into a greater Odium, and contempt than ever.
First, divers Souldiers for Petitioning in the behalfe of Major Reynolds, that he might serve in the room of Major Huntington, were therefore rated, and threatned to have their skulles cutt, and some of them struck for so Petitioning; Major John Obit, who with the extreamest hazard of his life, had regained Tinmouth Castle, where his Superior Commander had through the dangers and Difficulties by storme, refused, and a Member of Parliament taken from his duty there & contrary to the self denying Ordinance, made Governor thereof. Major White, who in all the desperate services in the North, had performed the duty of Lieutenant Colonel, and Major both in the Generalls Regiment, yet because a constant man to his Promises and Principles, was refused the Lieftenant Colonelship, and a man of a more complying Spirit fetch’d from another Regiment to officiate therein.
And this was the usage not onely to these Gentlemen, but to all others whether Officers, or souldiers in North or South (for their Counsells were one in both) that did retaine a sense and Resolution to prosecute those good things intimated in their former Ingagements.
And as before, upon their first great Successe against the City, when now again it justly was expected they should have made use of so notable and unexpected Blessings to the benefit & advantage of the Commonwealth, (as their late repentances, promises and Pretences gave men cause to hope) the event proved, they intended another use thereof, for (having now subdued all their enemies), they proceed with greater confidence to their former purposes, of making themselves absolute masters over the Common-wealth) wherein there yet appears one main obstacle) and that in all Well-minded People (especially in that numerous People that concurred in the Petition of the Eleventh of September) to center in an Agreement of the People, which if not evaded, it would be impossible for them to goe through with their Worke: hereupon againe they cry out for Union, and imploy their Agents to get meetings, and Treaties with those that were most forward for an agreement & contract with them to center in an Agreement, and that the Matter of the Petition of the Eleventh of September (as was desired) should be the substance of that Agreement: There being no full other way then by this yeelding in shew: to amaze this busie watchfull Party, and to keep them quiet, whilst they went on with other pieces of their worke.
For what else, hath all the time spent thereabouts produc’d, but a meer amusing, blinding and deluding all that cordially desired the same, it being (before they left it) so obscur’d and perplext in the sence thereof so short of what was intended, and so corrupted in many perticulars, that those most loathld it, that most desir’d it; in the mean time, whilst they had fixt good mens eyes and thoughts upon that Worke, they secretly and swiftly prosecute their other Designes as principall in their purposes, wherein questionlesse they had not had the assistance of good men, but that it was verily beleeved in shew of driving on their owne Designe, they were really and cordially producing a perfect and complete Agreement of the People, as large both in grounds of Freedome, and redresse of grievances, as the Petition of the Eleventh of September, in the uttermost extent thereof did import.
Many of which Petitioners were not satisfyed but that such an Agreement of the People might then have been obtained without any of those extraordinary sudden and violent Courses lately taken, neither in bringing the Army to the City, breaking the House in pieces, or removing the King by such an extra-judiciall Proceedings and Court of Justice, as had no place in the English Government, and did really foresee, there would be nothing but abuse in their pretence of an Agreement of the People: and that their own domination, in and by a Counsell of State, was the maine thing aimed at, and intended.
The Removing the King, the taking away the House of Lords, the overawing the House, and reducing it to that passe, that it is become but the Channell, through which is conveyed all the Decrees and Determinations of a private Counsell of some few Officers, the erecting of their Court of Justice, and their Counsell of State, The Voting of the People the Supreame Power, and this House the Supreame Authority: all these Particulars, (though many of them in order to good ends, have been desired by Wel-affected People) are yet become, (as they have managed them) of sole conducement to their ends, and Intents, either by removing such as stood in the way between them and the Power, wealth, or command of the Common-Wealth; or by actually possessing and investing them in the same.
And though all this was foreseen by us, yet so perswasive were their insinuations in the ears of many good & well disposed People, both Souldiers and others, that they have been really carried away with beliefe of them, and reliance upon them, and have thought they could not better imploy their time and abilities, then in affording them all furtherance, and assistance that might be.
So that their only Feares remaine upon our Discoveries, to prevent which they use meanes, that either we might not have opportunity to lay open their Treacheries, and Hypocrisies, or not be beleeved if we did it.
In order to the first, They strictly stop the Presse; In order to the second; They blast us with all the Scandalls and false Reports their Witt or Malice could invent against us; and so monstrously wicked have they been in this particular, that they have pry’d into all our Actions, made use of all our acquaintances and friendly intimacies, and in conclusion, have onely produced such scandalls, as have been customarily used by former Statesmen, and such when scan’d and examined, contains both contrariety in themselves, and have not the least ground of Truth, as concerning us.
By these Arts are they new fastened in their Power, till either by opposition from the enemy, which they may well expect God will raise against them, as the deserved Recompence of their vile Apostacy; or by the weight and Violence of their many Injustices which (in the wicked course they are in) must every day be multiplyed, till they be thrown down from their usurped greatnesse.
They have already lost the Affections of all People, and are onely supported by their present strength; but when once those good men that hold them up, shall perceive how instrumentall they are made, contrary to their intentions, in advancing a few lofty and imperious mens designes; and how easy it is for them to convert their abilities & power to better, and more common ends exprest in their former engagements, and with the complaints of the agrieved people, and their owne understandings can furnish them withall, they will then lament that they have so long been out of the way, and set themselves with the utmost courage & resolution to free their distressed Country from the fears and captivity it now groans under. They may talk of freedom, but what freedom indeed is there, so long as they stop the Presse which is indeed and hath been so accounted in all free Nations, the most essentiall part thereof, imploying an Apostate Judas for executioner therein who hath been twice burnt in the hand, a wretched fellow, that even the Bishops and Star-chamber would have sham’d to own. What freedom is there left, when honest & worthy Souldiers are sentenc’d and enforc’d to ryde the horse with their faces reverst, and their swords broken over their heads for but Petitioning and presenting a Letter in justification of their Liberty therein: if this be not a new way of breaking the spirits of the English, which Strafford and Canterbury never dreampt of; we know no difference of things. A taste also of Liberty of Conscience they have given us in the Case of a worthy Member of your House; so as we may well judge what is like to follow, if their Reigne continue. And as for Peace, whilst the supream Officers of the Army are supream in your House, in the Councel of State, and all in all in the generall Counsell of the Army, when the martiall power is indeed supream to the Civill Authority, what Peace can be expected; we professe we see no councells tending to it, but hereof mighty and vast sums of money to be taxed upon the People per mensem, as if warre were become the only trade, or as if the people were bound to maintain Armyes whether they have trade or no; yea, whether they have bread or no.
And as for the prosperity of the Nation; what one thing hath been done that tendeth to it? Nay, hath any thing been done since they were in power? but what increaseth the rancor, hatred, and malice, which our late unhappy differences have begotten amongst us, as if they had placed their happiness and security in the total division of the People, nothing being offered by them, that hath any face of reconcilement in it, nothing of cheerfulnesse or generall satisfaction, the mother of trade & plenty, that might take away the private remembrances and destinctions of partyes, nothing indeed, but what tendeth to implacable bitternesse of spirit, the mother of confusion penury, and beggery.
Nay what sence of the heavy burdens of the people have they manifested of late, hath it not been by their procurement that the Judges their creatures have a thousand a yeer allow’d to every one of them above the ordinary fees? which were ever esteemed a heavy oppression in themselves: is there any abridgement of the charge, or length of time, in triall of causes? are they touch’d with the generall burthen of Tithes, that canker of industry and tillage? or with that of exize, which out of the bowells of labourers and poor people enriches the Usurers, and other Catterpillars of the Commonwealth: or what have they done to free Trade from the intolerable burden of Customs? except the setting fresh hungry flyes, upon the old sores of the People? What one matteriall thing did they offer unto you in their late Petition, which you gave them so many thanks for terming their desires modest and descreet; when it’s evident by the contents, they did it only to stop the mouths of their Souldiers, & to amuze them into a pleasing dream, whilst they go on with their designe of absolute domination & which should you in the least oppose, you would finde their modesty no more towards you, then towards your excluded members: In the mean time, where is their Charge against those Members? or why finde they not who amongst them have conferred offices upon each other, and upon their Creatures and relations? or who they were that gave so large Donations of thousands and hundreds per annum whilst the Publick Faith is broaken, and Families are ready to starve for emptying themselves to serve the publick necessities; or why discountenance not they all those who have betrayed the trust of Feoffes for Bishops, and Delinquents lands? and are become purchasers themselves of great Estates for very few yeers purchases, the due value rightly considered: or why blame they not the Lord chief justice and Lord chief Baron for keeping their places, which were conferred on them (and the like on others) by this House, when those Members sate there, they have excluded? or why finde they not out those perfidious persons, that have made no conscience of breaking the self-denying Ordinance, and persist therein? or is the reason visible why they have nothing to say against those sorts of men, namely, because these are their own, and their Creatures cases? Oh wretched England, that seeth, and yet suffereth such intollerable Masters. What can be expected from such Officers, who frequently manifest a thirst after the blood of such People, and Souldiers, as are most active for the common Freedom, peace & prosperity of the Common wealth, and against whom they have nothing else to object: or what can be expected from such a Counsel in the Army, as shall agree that the supream authority should be moved to make a Law, That that Counsel of Officers may have Power to have and put to death all such persons, though not of the Army, as they should judge, were disturbers of the Army.
Certainly these things cannot but manifest unto you their very hearts, their inward purposes and Intentions, representing visibly before you and all the World, the most dangerous condition, that ever yet this Nation hath been in: And if there be any Conscience towards God or man to be found amongst you, the whole sinews and progresse of this our sad Representation, is so fully knowne, and fresh in memory, that it is impossible, but it must worke upon all amongst you that are not Co-partners with them in their Designe, or are not engaged (as the Lawyers are) in some corrupt Interest.
But though this long betrayed and miserable Nation should prove so unhappy as that there should not be one found amongst you to owne these known Trueths, which yet ring in every mans eares, throughout the Land; but though feare, or other vile respects, should shut your eyes against the light: it shall be so farre from inducing us, to repent of what we have herein (or in our late Apprehensions) expressed, and set before you, that we shall rejoyce above measure, that we have witnessed to the Trueth; and against all those Delusions and perfidious Stratagems, lay’d by those men to betray and enslave the Common wealth, to their own Pride, Ambition, Lusts, Covetousnesse, and Domination, if not Dukeship, or Kingship; their Creatures discoursing of late, That the Power must be reduced to one: what their meaning is, time (if they be not hindred) Will manifest: but the Premises duly weighed, cloth evidence, what ere it be, it will be as bad, as bad possibly can be.
And as we shall not altogether doubt of the appearance of some in this Honorable House, that will conscionably performe that Supreame Trust which is really and essentially resident in your integrity; what ever may be suggested to the contrary: (it being not others treachery, nor anyes violence, that can divest you of that Authority:) but if you all should fayl therein, as God forbid, yet we shall not doubt, but that what we have here presented, and published, Will open the eyes, and raise the hearts of so conscionable a number of the Souldiary and People in all places, and make them so sensible of the bondage and danger threatned, as that these men, this Faction of Officers, shall never be able to goe through with their wicked intentions.
It being an infinite shame that they should be suffered to proceed so farre therein, as they have done, there having beene no party hitherto so inexcusable for it is possible, if not probable that the King and his party might at first be induced to offend through error of breeding, long custome, and sway of times, (although that excuse neither him nor them) That Hollis, and that party, might at first be drawne into their violence, against people faithfull to the Common wealth through an erroneous zeale against supposed Sectaries, and for uniformity in Presbytery (though that also but little extenuates their offence) but neither the one nor the other can be imagined to have transgressed against so evident light, nor against so many and great obligations of love, and great respects from the people as this party hath done; So that the intentions, and endeavours of these men, to enslave the Common-wealth, or their continuing of burthens, without any remorse at the dearnesse of food, and the utter losse of trade, exceeds in the nature and measure of it, all the wickednesse of both the other parties put together.
And therefore upon due consideration of the premises and in utter detestation of their most perfidious and treacherous dealing with the Army, Parliament and Common-wealth; we do in behalf of our selves and all wel-minded people, here before this Honourable House, as in the presence of Almighty God, protest against their breaking the faith of the Army with all parties, their dissolving the Councel of the Agitators, and usurping a power of giving forth the sence of the Army to the Parliament and people, also against the shooting of the Souldier to death at Ware, and their cruelties exercised on other persons, to the debasing of their spirits, and thereby new moulding of the Army to their owne designes, then playing fast and loose with the King and his party, till they brought a new and dangerous Warre upon the Nation.
We also protest against their dissembled repentances, as in no measure satisfactory for so abominable offences: we also protest against all their late extraordinary Proceedings, in bringing the Army upon the City, (to the ruine of trade) there breaking the House in pieces without charging the Members particularly: And then judging and taking away of mens lives in an extraordinary way, as done for no other end, but to make way for their owne absolute domination: we also protest against the Election and Establishment of those High-Courts of Justice, as unjust in themselves, and of dangerous Presidence in time to come; as likewise against the Councell of State, and putting some of themselves therein contrary to their owne Agreement: we also protest against all other the like meetings of those officers, that on Thursday the 2. of February last, voted for so bloody a Law, as to hang whom they should judge, disturbed the Army, (as having no power either by such Councels, either to give the sence of the Army, or to judge any Person not of the Army, or to do any thing in reference to the Common-wealth, more then what any, so many fifty Souldiers or persons not of the Army have power and may lawfully do: though all the Generall officers were continually present:) these we protest against, as things unjust abominable and dangerous and declare that our present not seeking for justice or reliefe therein, shall be no bar against us for the future, when we shall see cause to seek for Justice and reliefe therein.
And for the truth of our Judgements herein: we should with gladnesse submit unto the determinations of this Honourable House, were not their High hand as yet held over you. And therefore we are enforced to appeale to a new Representative, equally chosen in such like manner, as is exprest in our serious apprehensions lately presented unto you, and do likewise desire that you would encourage the Army in chusing a Representative, consisting of select Persons chosen by every Regiment of the Army, as at the first at New-market: and shall humbly pray that you will not any more receive the result of a few officers, as the sence of the Army, the officers of an Army having no more power to make Laws for an Army, then the officers of the Common wealth to make Laws for the People; both of them being constituted only for the Discipline, and Government thereof. We hope you will proceed to further an Agreement of the People; according to our late desires in our serious Apprehensions, and also speedily take in hand and effect those other things therein desired, tending very much to the abrogation of the bondage intended.
Thus have we once more unburdened our hearts before you, and faithfully discharged our duties to our Country, giving timely warning of the most dangerous thraldom and misery that ever threatned this much wasted Nation, and much we doubt not, wil, by wisdom mixt with som honest resolutions, be timely prevented: which we shall exceedingly rejoyce to see, that so after so many yeers of sorrow, the people may at length be comforted, and the Land enjoy her rest; and that all the world may be enforced to confess, That There is a reward for the righteous, and that there is a God that judgeth the earth.
T.187 (6.7) John Lilburne, Thomas Prince, Richard Overton, The Picture of the Councel of State (4 April, 1649).↩
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Bibliographical Information
ID NumberT.187 [1649.04.04] (6.7) John Lilburne, Thomas Prince, Richard Overton, The Picture of the Councel of State (4 April, 1649).
Full titleJohn Lilburne, Thomas Prince, Richard Overton, The Picture of the Councel
of State, Held forth to the Free people of England by Lieut. John Lilburn,
Mr. Thomas Prince, and Mr. Richard Overton, now Prisoners in the Tower of London,
Or, A full Narrative of the late Extra-judicial and Military Proceedings against
them. Together with the Substance of their several Examinations, Answers and
Deportments before them at Darby house, upon the 28. of March last.
Printed in the Year, 1649.
The Tract contains the following parts:
- John Bradshaw, The Narrative of the proceedings against Lieut. Coll. John Lilburn
- Lilburn, To the Lieut. of the Tower of London.
- Lilburn, Postscript
- Overton, The Proceedings of the Councel of State against Richard Overton, now prisoner in the Tower of London
- Postscript
- Prince, The Narrative of the Proceedings against Mr Thomas Prince
Estimated date of publication
4 April, 1649.
Thomason Tracts Catalog informationTT1, p. 735; Thomason E. 550. (14.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
The Picture of the Councel of State, Held forth to the Free People of England, By Lieutenant Coll. John Lilburn, M. Thomas Prince, and M. Richard Overton. The Narrative of the proceedings against Lieut. Coll. John Lilburn, thus followeth.
ON WEDNESDAY the 28. of March 1649 about foure or five a clock in the morning, my Lodging at Winchester-house was beset with about a hundred or two hundred armed men, Horse and Foot, one of which knocking at my chamber doore, I rise and opened him the doore, and asked him who he would speak with, and what he would have? He replyed, he was come to take me Prisoner, where upon I demanded of him to see his Warrant, he told me he had one, but had it not here, but as soon as I came to Pauls I should see it; I told him if he walked by the rules of Justice, he ought to have brought his Warrant with him, and to have shewed it me, and given me leave to have coppied it out, if I had desired it; but divers of the foot Soldiers rushing into my roome at his heeles, I desired him to demeane himself like a Gentleman, and not with any incivilities affright my children & family, for if it were nothing but my person he would have, I would but make me ready and go along with him without any more a doe, whither he would carry me, for his power of armed men was beyond my present resisting, or power to dispute, so I desired him and another Gentleman with him to sit down, which they did, and when I was almost ready to go, I demanded of him whether it would not fully satisfie his end, in my going along with him and one or two more of his company in a boate, and I would ingage unto him as I was an Englishman, there should be no disturbance to him by me, or any in my behalf, but I would quietly and peaceably go with him, wherever he would have me; but he told me no, I must march through the streets with the same Guard that came for me, I told him I could not now dispute, but it would be no great conquest to lead a single captive through the streets in the head of so many armed men, who neither had made resistance, nor was in any capacity to do it, and coming down staires into the great yard, I was commanded to stand till the men were marshalled in Rank and File, and two other Prisoners were brought unto me, viz. my Land-lord, Mr. Devennish’s two sons, but for what they knew not, nor could imagine; So away through the streets the armed Victors carry us, like three conquered Slaves, making us often halt by the way, that so their men might draw up in good order, to incounter with an Army of Butter-flies, in case they should meet them in the way to rescue us their Captives from them; so coming to Pauls Church, I there meet with my Comrade Mr. Prince, and after imbraces each of other, and a little discourse, we see our acquaintance M. William Walwin marching at the head of another Partie as a captive, and having understood that our being seised as Prisoners was about a new addresse by way of Petition to the Parliament, intituled the second part of Englands new chains discovered. We could not but wonder at the apprehending of M. Walwin about that, he having for some moneths by past (that ever I could see, or hear of) never bin at any of our meetings, where any such things were managed; But Adjutant General Stubber that was the Commander of the Party coming then to view, I repaired to him, and desired to see his Warrant by vertue of which his men forced me out of my bed and habitation, from my wife and children, and his Warrant he produced, which I read, he denying me a coppy of it, though both there and at White-Hall I earnestly demanded it as my right, the substance of which so neere as I can remember, is from the Committee, commonly stiled the Councel of State, to Authorise Sir Hardresse Waller, and Collonel Edward Whalely, or whom they shall appoint, to repaire to any place whatsoever, where they shal heare Lieut. Coll. John Lilburn, and M. Prince, M. Walwin, and M. Overton are, them to apprehend and bring before the Councel of State, for suspition of high Treason, for compiling &c. a seditious and scandalous Pamphlet &c. And for so doing, that shal be their Warrant.
And in the same paper is contained Sir Hardress Wallers, and Col. Whaley’s Commission or Deputation to Adjustant General Stubber, to apprehend M. Walwin, and my self; who with his Officers, dealt abundantly more fairly with us, then I understand Lieut. Col. Axestell dealt with M. Prince and M. Overton, From which Lieut. Col. if there had bin any harmony in his spirit to his profession, abundance more in point of civility, might have bin expected, than from the other, though he fell much short.
But when we were in Pauls Church-yard, I was very earnest with the Adjutant General, and his Ensigne that apprehended me (as I understood by the Adjutant he was) that we might go to some place to drink our mornings draughts, and accordingly we went to the next dore to the School-house, where we had a large discourse with the Officers, especially about M. Divinish sons, we understanding they had no warrant at all to meddle with them in the least, nor nothing to lay to their charge, but a private information of one Bull their fathers tenant, between which parties there is a private difference, we told them, we could not but stand amazed, that any Officer of an Army durst in such a case apprehend the persons of any Free-man of England, and of his own head and authority, drag him or them out of his house and habitation, like a Traytor, a Thief, or a Rogue, and they being ashamed of what they had done to them, at our importunity, let both the yong men go free. So away by water we three went to White-hall, with the Adjutant General, where we met with our friend M. Overton. And after we had staid at White-hall till about 4. or 5. of the clock in the afternoon, we were by the foresaid Adjutant carried to Darby house, where after about an hours stay, there were called in Lieu. Col. Goldegne, a Coalyard keeper in Southwark, and as some of good quality of his neighbours do report him to have bin no small Personal Treaty man, and also Capt. Williams, and M. Saul Shoe-maker, both of Southwark, who are said to be the Divels 3. deputies, or informers against us; and after they were turned out, I was called in next, and the dore being opened, I marched into the Room with my hat on, and looking about me, I saw divers Members of the House of Commons present, and so I put it off; and by Sergeant Dendy I was directed to go neer M. Bradshaw, that sate as if he had bin Chairman to the Gentlemen that were there present; between whom, and my self, past to this following effect.
Lieut. Col. Lilburn (said he) here are some Votes of Parliament that I am commanded by this Councel to acquaint you with; which were accordingly read, and which did contain the late published and printed Proclamation or Declaration, against the second Part of Englands New Chains discovered, with divers instructions, and an unlimitted power given unto the Councel of State, to find out the Authors and Promoters thereof. After the reading of which, M. Bradshaw said unto me, Sir, You have heard what hath bin read unto you, and this Councel having information that you have a principal hand in compiling and promoting this Book, (shewing me the Book it self,) therefore they have sent for you, and are willing to hear you speak for your self.
Well then M. Bradshaw, said I, If it please you and these Gentlemen to afford me the same liberty and priviledge that the Cavaliers did at Oxford, when I was arraigned before them for my life, for levying War in the quarrel of the Common-wealth, against the late King and his Party (which was liberty of speech, to speak my mind freely without interruption) I shall speak, and go on; but without the Grant of liberty of speech, I shall not say a word more to you.
To which he replyed, That is already granted you, and therefore you may go on to speak what you can or will say for your self, if you please; or if you will not, you may hold your peace, and with draw.
Well then (said I) M. Bradshaw, with your favour, thus. I am an Englishman born, bred, and brought up, and England is a Nation Governed, Bounded, and Limitted by Laws and Liberties: and for the Liberties of England, I have both fought and suffered much: but truly Sir, I judge it now infinitely below me, and the glory and excellency of my late actions, now to plead merit or desert unto you, as though I were forced to fly to the merit of my former actions, to lay in a counter-scale, to weigh down your indignation against me, for my pretended late offences: No, Sir, I scorn it, I abhor it: And therefore Sir, I now stand before you, upon the bare, naked, and single account of an Englishman, as though I had never said, done, or acted any thing, that tended to the preservation of the Liberties thereof, but yet, have never done any act that did put me out of a Legal capacity to claim the utmost punctilio, benefit, and priviledge that the Laws and Liberties of England will afford to any of you here present, or any other man in the whole Nation: And the Laws and Liberties of England are my inheritance and birth-right. And in your late Declaration, published about four or five daies ago, wherein you lay down the grounds and reasons (as I remember) of your doing Justice upon the late King, and why you have abolished Kingly Government, and the House of Lords, you declare in effect the same, and promise to maintain the Laws of England, in reference to the Peoples Liberties and Freedoms: And amongst other things therein contained, you highly commend and extol the Petition of Right, made in the third yeer of the late King, as one of the most excellent and gloriest Laws in reference to the Peoples Liberties that ever was made in this Nation, and you there very much blame, and cry out upon the King, for robing and denying the people of England the benefit of that Law, and sure I am (for I have read and studied it) there is one clause in it that saith expresly, That no Free-man of England ought to be adjudged for life, limb, liberty, or estate, but by the Laws already in being established and declared: And truly Sir, if this be good and sound Legal Doctrine (as undoubtedly it is, or else your own Declarations are false, and lyes) I wonder what you Gentlemen are, For the declared and known Laws of England knows you not, neither by names, nor qualifications, as persons endowed with any power either to imprison or try me, or the meanest Free-man of England, And truly, were it not that I know the faces of divers of you, and honour the persons of some of you, as Members of the House of Commons that have stood pretty firm in shaking times to the Interest of the Nation, I should wonder what you are, or before whom I am, and should not in the least honor or reverence you so much as with Civil Respect, especially considering the manner of my being brought before you, with armed men, and the manner of your close sitting, contrary to all Courts of Justice. M. Bradshaw, it may be the House of Commons hath past some Votes or Orders, to authorise you to sit here for such and such ends as in their Orders may be declared: But that they have made any such Votes or Orders, is legally unknown to me, I never saw them. Its true, by common Fame you are bruted abroad and stiled a Councel of State, but its possible common Fame in this narticular may as well tell me a ly as a truth: But admit common Fame do in this tell me a truth, and no ly, but that the House of Commons in good earnest have made you a Councel of State, yet I know not what that is, because the Law of England tells me nothing of such a thing, and surely if a Councel of State were a Court of Justice, the Law would speak somthing of it: But I have read both old and new Laws, yea all of late that it was possible to buy or hear of, and they tell me not one word of you, and therefore I scarce know what to make of you, or what to think of you, but as Gentlemen that I know, I give you civil respect, and out of no other consideration: But if you judge your selves to be a Councel of State, and by vertue thereof think you have any power over me, I pray you shew me your Commission, that I may know the better how to behave my self before you. M. Bradshaw, I will not now question or dispute the Votes or Orders of the present single House of Commons, in reference to their power, as binding Laws to the people; yet admit them to be valid, legal, and good, their due circumstances accompanying them: yet Sir, by the Law of England let me tell you, what the House Votes, Orders, and Enacts within their walls, is nothing to me, I am not at all bound by them, nor in Law can take any cognisance of them as Laws, although 20. Members come out of the House, and tell me such things are done, till they be published and declared by sound of Trumpet, Proclamation, or the like, by a publike Officer or Magistrate, in the publike and open places of the Nation; But truly Sir, I never saw any Law in Print or writing, that declares your power so proclaimed or published, and therefore Sir, I know not what more to make of you, then a company of private men, being neither able to own you as a Court of Justice, because the Law speaks nothing of you; nor as a Councel of State, till I see, and read, or hear your Commission, which I desire (if you please) to be acquainted with.
But Sir, give me leave further to aver unto you, and upon this Principle or Averment I will venture my life and being, and all I have in the world; That if the House had by a Proclaimed and Declared Law, Vote, or Order, made this Councel (as you call your selves) a Court of Justice, yet that proclaimed or declared Law, Vote, or Order, had bin unjust, and null, and void in it self; And my reason is, because the House it self was never (neither now, nor in any age before) betrusted with a Law executing power, but only with a Law making power.
And truly Sir, I should have lookt upon the people of this Nation as very fooles, if ever they had betrusted the Parliament with a law executing power, and my reason is, because, if they had so done, they had then chosen and impowred a Parliament to have destroyed them, but not to have preserved them, (which is against the very nature and end of the very being of Parliaments, they being (by your own declared doctrin) chosen to provide for the peoples weale, but not for their wo) And Sir, the reason of that reason is, because its possible if a Parliament should execute the Law they might doe palpable injustice, and male administer it, and so the people would be robd of their intended extraordinary benefit of appeales, for in such cases they must appeale to the Parliament, either against it self, or part of it self, and can it ever be imagined they will ever condemne themselves, or punish themselves, nay, will they not rather judge themselves bound in honour and safety to themselves, to vote that man a Traytor and destroy him that shall so much as question their actions, although formerly they have dealt never so unjustly with him; For this Sir I am sure is very commonly practised now a dayes, and therefore the honesty of former Parliaments in the discharge of their trust and duty in this particular was such, that they have declared, the power is not in them to judge or punish me, or the meanest free-man in England, being no Member of their House, although I should beat or wound one of their Members nigh unto their dore, going to the House to discharge his duty, but I am to be sent in all such cases to the Judge of the upper Bench, [Margin note: See 5. H. 4.6. II H. 6. Ch. II see also my plea against the Lords jurisdiction, before the Judges of the Kings Bench called the Laws Funeral. Pag. 8, 9. and my grand Plea against the Lords jurisdiction, made before M. Maynard of the house of Commons; and the foure imprisoned Aldermen of Londons plea against the Lords jurisdiction, published by M. Lionel Hurbin 1648.] unto whom by Law they have given declared rules, and direction in that particular how to behave himself, which are as evident for me to know as himself, now Sir, if reason and justice doe not judge it convenient that the Parliament shal not be Judges in such particular cases, that is of so neere concernment to themselves, but yet hath others that are not of their House that are as well concerned as themselves, much lesse will reason or justice admit them to be judges in particular cases, that are farther remote from their particular selves, and doth meerly concern the common wealth, and sure I am Sir, this is the declared Statute Law of England, and doth stand in ful force at this houre, there being I am sure of it no law to repeale it, no not since the House of Commons set up their new Common-wealth. Now Sir from all this I argue thus, that which is not inherent in the whole, cannot by the whole be derived, or assigned to a part.
But it is not inherent, neither in the power nor authority of the whole House of Commons, primarily and originally to execute the Law, and therefore they cannot derive it to a part of themselves.
But yet Sir with your favour, for all this I would not be mistaken as though I maintained the Parliament had no power to make a Court of justice, for I do grant they may errect a Court of justice to administer the Law, provided that the Judges consist of persons that are not Members of their House, and provided that the power they give them be universal, that is to say, to administer the law to all the people of England indefinitely, and not to two or three particular persons solely, the last of which for them to do is unjust, and altogether out of their power: And therefore Sir, to conclude this point, It being not in the power of the whole Parliament to execute the Law, they can give no power to you their Members to meddle with me in the case before you; For an ordinary Court of Justice (the proper Administrator of the Law) is the onely and sole Judge in this particular; and not you Gentlemen, no nor your whole House it self.
For with your favour M. Bradshaw, the fact that you suppose I have committed (for till it be judicially proved, (and that must be before a legal Judge that hath cognisance of the fact) or confessed by my self before the Judge; it is but a bare supposition) is either a crime, or no crime; A crime it cannot be, unless it be a Transgression of a Law in being, before it was committed, acted, or done; For where there is no Law, there is no Transgression. [Margin note: 2. Rom. 4.15. See the 4. part of the L. Cooks Institutes, Ch. I high Courts of Parl. fol. 14. 35. 37. See also my printed Epistle to the Speaker. of the 4. April, 1648. called The prisoners plea for a Habeas Corpus, p. 5, 6. and Englands Birth-right, p. 1, 2, 3, 4. and the second edition of my Epistle to Judge Reeves, p. 11, 12, 13, 14, 15. and M. John Wildmans Truths Tryumph, p. 11, 12, 13, 14. and Sir John Maynards Case truly stated, called The Laws Subversion, p. 9, 13, 14, 15, 16. 38.] And if it be a Transgression of a Law, that Law provides a punishment for it, and by the Rules and method of that Law am I to be tryed, and by no other whatsoever, made ex post facto.
And therefore Sir, If this be true, as undoubtedly it is; then I am sure you Gentlemen have no power in Law to convene me before you, for the pretended crime laid unto my charge; much less to fetch me by force out of my habitation by the power of armed men: For Sir, let me tell you, The Law of England never made Colonels, Lieut. Colonels, Captains, or Souldiers, either Bayliffs, Constables, [Margin note: 3. See the Petition of Right, in the 1. C. R. and my book called the Peoples Prerogative, p. 67, 68, 69, 70.] or Justices of the Peace: And I cannot but wonder that you should attach me in such a manner as you have done, considering that I have all along adhered to the Interest of the Nation against the common enemy (as you call them) and never disputed, nor contemned any Order of Summons from Parliament, or the most irregularest of their Committees, but alwaies came to them when they sent for me, although their warrant of summons was never so illegal in the form of it, and I have of late in a manner de die in diem, waited at the House dore, and was there that day the Votes you have read, past, till almost twelve a clock, and I am sure there are some here present (whose conscience I believe tells them, they are very much concerned in the Book now before you) that saw me at the dore, and stared wishfully upon me as they went into the House, and I cannot but wonder there could be no Civil Officer found to summon me to appear, but that now, when there is no visible hostile enemy in the Nation, and all the Courts of Justice open, that you (that have no power at all over me) must send for me by an hundred or two hundred armed Horse and Foot, as though I were some monstrous man, that with the breath of my mouth were able to destroy all the Civil Officers that should come to apprehend me, Surely I had not endeavoured to fortifie my, house against you, neither had I betaken my self to a Castle, or a defenced Garison in hostility against you, that you need to send an hundred or two hundred armed men to force me out of my house, from my wife and children, by four or five a clock in the morning, to the distracting and frighting of my wife and children: Surely, I cannot but look upon this irregular, unjust, and illegal hostile action of yours, as one of the fruits and issues of your new created Tyranny, to amuse and debase my spirit, and the spirits of the People of this Free Nation, to fit me and them for bondage and slavery. And Sir, give me leave further to tell you, that for divers hundreds of men that have often bin in the field with their swords in their hands, to encounter with hostile enemies, and in their engagements have acquitted themselves like men of valour, and come out of the field conquerors, for these very men to put themselves in Martial Array against four Mise or Butterflyes, and take them captives, and as captives lead them through the streets, me-thinks is no great victory and conquest for them, but rather a diminution to their former Martial Atchievements and Trophies: And therefore to condude this, I do here before you all, protest against your Power and Jurisdiction over me, in the case in controversie, And do also protest against your Warrant you issued out to apprehend me; And against all your martial and hostile acts committed towards me, as illegal, unjust, and tyrannical, and no way in Law to be justified: Further telling you, that I saw most of the Lord of Straffords arraignment, and (if my memory fail me not) as little things as you have already done to me, were by your selves laid to his charge, as acts of Treason; For which I saw him lose his head upon Towerhill as a Traytor: And I doubt not for all this that is done unto me, but I shall live to see the Laws and Liberties of England firmly setled, in despite of the present great opposers thereof, and to their shame and confusion: and so M. Bradshaw I have done with what I have now to say.
Upon which M. Bradshaw replyed, Lieut. Col. Lilburn, you need not to have bin so earnest, and have spent so much time in making an Apologetical defence, for this Councel doth not go about to try you, or challenge any jurisdiction to try you, neither do we so much as ask you a question in order to your tryal, and therefore you may correct your mistake in that particular. Unto which I said, Sir, by your favour, if you challenge no Jurisdiction over me, no not so much as in order to a tryal, what do I here before you? or what do you in speaking to me? But Sir, seing I am now here, give me leave to say one word more, and that is this, I am not onely in time of peace (the Courts of Justice being all open) fetcht & forc’t out of my house by multitudes of armed men, in an hostile manner, & carried as a captive up and down the streets, contrary to all Law and Justice, but I am by force of Arms still kept in their custody, and it may be, may be intended to be sent to them again, who are no Guardians of the Laws of England, no nor so much as the meanest Administrators or Executors of it, but ought to be subject to it themselves, and to the Administrators of it: And truly Sir, I had rather dy, than basely betray my liberties into their Martial fingers, (who after fighting for our Freedoms, would now destroy them, and tread them under their feet) that have nothing at all to do with me, nor any pretended or real civil offender in England: I know not what you intend to do with me, neither do I much care; having learned long since to dy, and rather for my Liberties, than in my bed: Its true, I am at present in no capacity effectually to dispute your power, because I am under Guards of armed muskettiers, but I entreat you, If you will continue me a prisoner, that you will free me from the military Sword, and send me to some Civil Goal; and I will at present in peace and quietness obey your command, and go. And so I concluded, and was commanded to with-draw, which I did, and then M. William Wallin was called in, and while he was within, I gave unto my comrades M. Prince, and M. Overton, and the rest of the people, a summary account of what had past between me and them: and within a little time after, M. Walwin came out again, and M. Overton was called in next: and at M. Walwins coming out, he acquainted us what they said to him, which was in a manner the same they said to me, and all that he said to them was but this, That he did not know why he was suspected. To which M. Bradshaw replyed, Is that all you have to say? And M. Walwin answered, yes. So he was commanded to withdraw.
And after M. Overton was come out, M. Prince was called in, and after he had withdrawn, they spent some time of debate among themselves, and then I was called in again, So I marched in sutable to my first posture, and went close to M. Bradshaw, who said unto me to this effect: Lieut. Colonel Lilburn, This Councel hath considered what you have said, and what they have bin informed of concerning you, and also of that duty that lies upon them by the command of the House, which enjoyns them to improve their utmost ability to find out the Author of this Book, and therefore to effect that end, they judge themselves bound to demand of you this question: Whether you made not this Book, or were privie to the making of it or no?
And after some pause, and wondering at the strangeness of the question, I answered and said, M. Bradshaw, I cannot but stand amazed that you should ask me such a question as this, at this time of the day, considering what you said unto me at my firsfabeing before you, and considering it is now about eight yeers ago since this very Parliament annihilated the Court of Star-Chamber, Councel bord, and High Commission, and that for such proceedings as these. [Margin note: 4. See the Acts that abolished them, made in the 16. C.R. printed in my Book, called The peoples Prerogative, p. [Editor: missing word].] And truly Sir, I have bin a contestor and sufferer for the Liberties of England these twelve yeers together, and I should now look upon my self as the basest fellow in the world, if now in one moment I should undo all that I have bin doing all this while, which I must of necessity do, if I should answer you to questions against my self, For in the first place, by answering this question against my self, I should betray the Liberties of England, in acknowledging you to have a Legal Jurisdiction over me, to try and adjudge me, which I have already proved to your faces you have not in the least: and if you have forgot what you said to me thereupon, yet I have not forgot what I said to you. And secondly Sir, if I should answer to questions against my self, and to betray my self, I should do that which not onely Law, but Nature abhors: And therefore I cannot but wonder that you your selves are not ashamed to demand so illegal and unworthy a thing of me as this is. [Margin note: 5. And well might I, for M. John Cook, and M. Bradshaw himself were my Counsel at the Lords Bar, against the Star-Chamber, the 13. Feb. 1645. where M. Bradsahw did most excellently open the Star-chamber injustice towards me; and at the reading of their first sentence, he observed to the Lords, that that sentence was felo da fe, guilty of its own death; the ground whereof, being because M. Lilburn refused to take an oath to answer all such questions as should be demanded of him, it being contrary to the Laws of God, Nature, and the Kingdom, for any man to be his own Accuser : Whose words may more at large read in the Printed relation thereof, drawn up by M. John Cook, and my self, p. 3.] And therefore in short, were it that I owned your power (which I do not in the least) I would be hanged, before I would do so base, and un-Englishman-like an Action, to betray my Liberty, which I must of necessity do, in answering questions to accuse my self: But Sir, This I will say to you, my late Actions have not bin done in a hole, or a corner, but on the house top, in the face of the Sun, before hundreds and some thousands of people, and therefore why ask you me any questions? Go to those that have heard me, and seen me, and it is possible you may find some hundreds of witnesses to tell you what I have said and done; for I hate holes and corners: My late Actions need no covers nor hidings, they have bin more honest than so, and I am not sorry for what I have done, for I did look well about me before I did what I did, and I am ready to lay down my life to justifie what I have done, and so much in answer to your question.
But now Sir, with your favour one word more, to mind you again of what I said before, in reference to my Martial imprisonment, and truly Sir, I must tell you, Circumstantials of my Liberty, at this time I shall not much dispute, but for the Essentials of them I shall dy: I am now in the Souldiers custody, where to continue in silence and patience, is absolutely to betray my Liberty; for they have nothing to do with me, nor the meanest Free-man of England in this case; and besides Sir, they have no rules to walk by, but their wills and their swords, which are two dangerous things; it may be I may be of an hasty cholerick temper, and not able nor willing to bear their affronts; and peradventure they may be as willing to put them upon me, as I am unwilling to bear them; and for you in this case to put fire and tinder together, to burn up one an other, will not be much commendable, nor tend much to the accomplishment of your ends, But if for all this, you shall send me back to the Military sword again, either to White-hall, or any other such like garison’d place in England, I do solemnly protest before the Eternal God of Heaven and Earth, I will fire it, and burn it down to the ground, if possibly I can, although I be burnt to ashes with the flames thereof, for Sir, I say again, the souldiers have nothing to do to be my Goalers; and besides, it is a maxime among the souldiers, That they must obey (without dispute) all the Commands of their Officers, be they right or wrong, and it is also the maxime amongst the Officers, That if they do not do it, they must hang for it: therefore if the Officers command them to cut my throat, they must either do it, or hang for it. And truly Sir, (looking wishfully upon Cromwell, that sate just against me) I must be plain with you, I have not found so much Honour, Honesty, Justice, or Conscience, in any of the principal Officers of the Army, as to trust my life under their protection, or to think it can be safe under their immediate fingers, [Margin note: 6. And truly I am more afraid honest Capt. Bray hath too much experience of this at Windsor Castle, who though he be but barely committed thither into safge custody, yet (as I from very good hands am informed) the Tryrannical Governour Whichcock, Cromwels creature, doth keep him close prisoner, denying him the benefit of the castle Ayre, keeping not onely pen and inke from him, but also his friends and necessaries with which cruelty &c. he hath already almost murdered and destroyed the honest man; in whose place were I, and so illegally and unjustly used, a flame (if possibly I could, should be the portion of my chamber, although I perished in it.] and therefore not knowing, nor very much caring what you will do with me, I earnestly intreat you, if you will again imprison me, send me to a Civil Goal that the Law knows, as Newgate, the Fleet, or the Gatehouse, and although you send me to a Dungeon, thither I will go in Peace and quietness, without any further dispute of your authority, For when I come there, I know those Goalers have their bounds and limits set them by the Law, and I know how to carry my self towards them, and what to expect from them; and if they do abuse me, I know how in law to help my self. And so Sir, I have said what at present I have to say. Whereupon M. Bradshaw commanded the Sergeant to put me out at an other dore, that so I should no more go amongst the people, and immediatly M. Walwin was put out to me, and asking him what they said to him, I found it to be the same in effect they said to me, demanding the same fore-going question of him, that they did of me: to which question, (after some kind of pause) he answered to this effect, That he could not but very much wonder to be asked such a question, however that it was very much against his Judgement and Conscience to answer to questions of that nature, which concerned himself; that if he should answer to it, he should not onely betray his own Liberty, but the Liberties of all Englishmen, which he could not do with a good Conscience, And he could not but exceedingly grieve at the dealing he had found that day; That being one who had alwaies bin so faithful to the Parliament, and so well known to most of the Gentlemen there present, that nevertheless he should be sent for with a party of Horse and Foot, to the affrighting of his Family, and ruine of his credit; And that he could not be satisfied, but that it was very hard measure, to be used thus upon suspition onely; And that if they did hold him under restraint from following his business and occasions, it might be his undoing, which he conceived they ought seriously to consider of.
Then M. Bradshaw said, he was to answer the question, and that they did not ask it as in way of Tryal, so as to proceed in Judgement thereupon, but to report it to the House. To which M. Walwin said, That he had answered it so as he could with a good Conscience, and could make no other Answer, and so with-drew.
And after he came out to me, M. Overton was next called in againe, and then M. Prince, so after we were all come out, and all foure in a roome close by them, all alone, I laid my care to their dore, and heard Lieutenant General Cromwel (I am sure of it) very loud, thumping his fist upon the Councel Table, til it rang againe, and heard him speak in these very words, or to this effect; I tel you Sir, you have no other way to deale with these men, but to break them in pieces; and thumping upon the Councel Table againe, he said Sir, let me tel you that which is true, if you do not breake them, they will break you; yea, and bring all the guilt of the blood and treasure shed and spent in this Kingdom upon your heads and shoulders; and frustrate and make voide all that worke, that with so many yeares industry, toile and paines you have done, and so render you to all rationall men in the world, as the most contemptiblest generation, of silly, low spirited men in the earth, to be broken and routed by such a despicabic contemptible generation of men as they are; and therfore Sir I tel you againe, you are necessitated to break them. But being a little disturbed by the supposition of one of their Messengers coming into the roome, I could not so well heare the answer to him, which I think was Col. Ludlows voyce, who pressed to baile us, for I could very well heare him say, what would you have more than security for them? Upon which discourse of Cromwels, the blood run up and down my veines, and I heartily wisht my self in againe amongst them (being scarse able to contain my self) that so I might have gone five, or six stories higher than I did before, yea, as high as I intended when I came to their dore, and to have particularly paid Cromwel and Hasleridge to the purpose, for their late venome not only against me in the House, but my whole family, Hasleridge saying (as I am informed) in the open House, there was never an one of the Lilburns family fit or worthy to be a Constable in England, though I am confident there is not the worst of us alive that have served the Parliament, but he is a hundred times more just honest and unspoted than he himself, as in due time I shal make it appeare by Gods assistance (I hope) to his shame: But the faire carriage of the Gentlemen of the supposed Councel to me at the first, tooke off the height of the edge of my spirit, and intended resolution, which it may be they shal have the next time to this effect. You your selves have already voted the People under God, the Fountain and Original of all just power, And if so, then, none can make them Laws, but those that are chosen, impowred, and betrusted by them for that end, and if that be true, as undoubtedly it is, I desire to know how the present Gentlemen at Westminster can make it appeare they are the peoples Representatives, being rather chosen by the wil of him, whose head as a Tyrant and Traytor, they have by their wills chopt off (I mean the King) then by the people: whose Will made the Borough Townes to chuse Parliament men, and there by rob’d above nineteen people of this Nation, of their undubitable and inherent right, to give to a single man in twenty for number (in reference to the whole Nation) a Monopoly to chuse Parliament men; disfranchising thereby the other nineteen, and if so in any measure than this, upon their own declared principles they are no Representative of the people, no nor was not at the first, Again, the King summoned them by his Writ, the issue of his will and pleasure, and by vertue of that they sit to this houre, Again, the King by his Will and pleasure combines with them by an Act to make them a perpetual Parliament (one of the worst and tyranicallest actions that ever he did in his life) to sit as long as they pleased, which he nor they had no power to do in the least, the very constitution of Parliaments in England, being to be once every yeare, or oftner if need require, Quere, Whether this act of perpetuating this Parliament by the Parliament men themselves beyond their Commission, was not an act in them of the highest Treason in the world against the People and their liberties, by setting up themselves an arbitrary power over them for ever? Yea, and thereby razing the foundation and constitution of Parliament it self: And if so, then this is nul, if at the first it had bin any thing.
Again, if it should be granted this Parliament at the beginning had a legal constitution from the people (the original and fountaine of all just power) yet the Faction of a trayterous party of Officers of the Army, hath twice rebelled against the Parliament, and broke them to pieces, and by force of Armes culled out whom they please, and imprisoned divers of them and laid nothing to their charge, and have left only in a manner a few men, besides eleven of themselves, viz. the General, Cromwel, Ireton, Harrison, Fleetwood, Rich, Ingolsby, Hasleridge, Constable, Fennick, Walton and Allen, Treasurer, of their own Faction behind them that will like Spaniel-doggs serve their lusts and wills, yea some of the chiefest of them, viz. Ireton, Harrison, &c. yea, M. Holland himself, stiling them a mocke Parliament a mocke power at Windsor, yea, it is yet their expressions at London; And if this be true that they are a mocke power and a mocke Parliament, then,
Quere, Whether in Law or Justice, especially considering they have fallen from al their many glorious promises, & have not done any one action that tends to the universal good of the People? Can those Gentlemen siting at Westminster in the House, called the House of Commons, be any other than a Factious company of men trayterously combined together with Crom. Ireton, and Harrison, to subdue the Laws, Liberties, and Freedomes of England; (for no one of them protest against the rest) and to set up an absolute and perfect Tyranny of the Sword, Will and pleasure, and absolutely intend the destroying the Trade of the Nation, and the absolute impoverishing the people thereof, to fit them to be their Vassals and Slaves; And if so, then,
Quere, Whether the Free People of England, as well Soldiers as others, ought not to contemne all these mens commands, as invalid and illegal in themselves, and as one man to rise up against them as so many professed traytors, theives, robbers and high way men, and apprehend and bring them to justice in a new Representative, chosen by vertue of a just Agreement among the People, there being no other way in the world to preserve the Nation but that alone; the three forementioned men, viz. Cromwel, Ireton, and Harrison, (the Generall being but their Stalking horse, and a Cifer) and there trayterous faction, [Margin note: 7. For the greatest Traytors they are that ever were in this nation, as upon the losse of my head I John Lilburn will by law undertake to prove and make good, before the next free parliament, to whom I hereby appeale.] having by their wills and Swords, got all the Swords of England under their command, and the disposing of all the great places in England by Sea and Land, and also the pretended Law making power, and the pretended law executing power, by making among themselves (contrary to the Laws and Liberties of England) all Judges, Justices of peace, Sherifes, Balifes, Committee men &c. to execute their wills and Tyranny, walking by no limits or bounds but their own wills and pleasures, And traytorously assume unto themselves a power to levy upon the people what money they please, and dispose of it as they please, yea even to buy knifes to cut the peoples throats that pay the mony to them, and to give no account for it til Doomes Day in the afternoone, they having already in their wills and power to dispose of the Kings, Queens, Princes, Dukes, and the rest of the childrens Revenue, Deans and Chapters lands, Bishops lands, sequestered Delinquents lands, sequestred Papists lands, Compositions of all sorts, amounting to millions of money, besides Excise, and Customes, yet this is not enough, although if rightly husbanded it would constantly pay above one hundred thousand men, and furnish an answerable Navy there unto: But the people must now after their trades are lost, and their estates spent to procure their liberties and freedoms, be cessed about 100000. pound a moneth, that so they may be able like so many cheaters and State theeves, to give 6. 8. 10. 12. 14. 16, thousand pounds a peice over again to one another, as they have done already to divers of themselves to buy the Common wealths lands one of another, (contrary to the duty of Trustees, who by law nor equity can neither give nor sel to one another) at two or three years purchase the true and valuable rate considered, as they have already done, and to give 4 or 5000 l per annum over again to King Cromwel, as they have done already out of the Earle of Worcesters estate, &c. Besides about four or five pounds a day he hath by his places of Lieut. General, and Collonel of Horse in the Army, although he were at the beginning of this Parliament but a poore man, yea, little better than a begger (to what he is now) as well as other of his neighbours.
But to return, those gentlemen that would have had us bailed lost the day, by one vote as we understood, and then about 12. at night they broke up, & we went into their pretended Secretary, & found our commitments made in these words, our names changed, viz.
These are to will and require you, to receive herewith into your custody, the person of Lieut. Col. John Lilburn, and him safely to keep in your Prison of the Tower of London, until you receive farther order, he being committed to you upon suspition of high Treason, of which you are not to faile, and for which this shal be your sufficient Warrant, Given at the Councel of State at Darbyhouse this 28. day of March, 1649.
Order of the Councel of State,
appointed by authority of
Parliament. JO. BRADSHAW.
President.
of London.
Note that we were committed upon Wednesday their fast day, being the best fruits that ever any of their fasts brought out amongst them, viz. To smite with the fist of wickedness. For the illegality of this Warrant, I shall not say much, because it is like all the rest of the Warrants of the present House of Commons, and their unjust Committees, whose Warrants are so sufficiently anatomised by my quondam Comrade, M. John Wildman, in his books, called Truths Tryumph, and The Laws subversion, being Sir John Maynards case truly stated, and by my self, in my late Plea before the Judges of the Kings Bench, now in print, and intituled The Laws Funeral, that it is needless to say any more of that particular, and therefore to them I refer the Reader. But to go on, when we had read our Warrants we told M. Frost we would not dispute the legality of them, because we were under the force of Guards of Armed musquettiers: So some time was spent to find a man that would go with us to prison, Capt. Jenkins (as I remember his name) being Capt. of the Guard, and my old and familiar acquaintance, was prevailed with by us, to take the charge upon him, who used us very Civilly, and gave us leave that night (it being so late) to go home to our wives, and took our words with some other of our friends then present, to meet him in the morning at the Angel Tavern neer the Tower, which we did accordingly, and so marched with him into the Tower, where coming up to the Lieut. house, and after salutes each of other with very much civility, the Lieut. read his Warrants: and M. Walwin as our appointed mouth, acquainted him that we were Englishmen, who had hazarded all we had for our Liberties & Freedoms for many yeers together, and were resolved (though Prisoners) not to part with an inch of our Freedoms, that with strugling for we could keep, and therefore we should neither pay fees nor chamber rent, but what the Law did exactly require us, neither should we eate or drink of our own cost and charges so long as we could fast, telling him it was our unquestionable right by Law, and the custom of this place, to be provided for out of the publike Treasure, although we had never so much mony in our pockets of our own, which he granted to be true, and after some more debate I told him, we were not so irrational as to expect that he out of his own money should provide for us: but the principal end of our discourse with him was, to put words in his mouth from our selves, (he being now our Guardian) to move the Parliament or Councel of State about us, which he hath acquainted us he did to the Councel of State, who he saith granted the King in former times used to provide for the Prisoners, but I say, they will not be so just as he was in that particular, although they have taken off his head for tyranny, yet they must and will be greater Tyrants than he, yea, and they have resolved upon the Question, that he shall be a Traytor that shall but tell them of their tyranny, although it be never so visible.
So now I have brought the Reader to my old and contented Lodging in the Tower, where within two, or three dayes of our arrival there, came one M. Richardson a Preacher amongst those unnatural, un-English-like men, that would now help to destroy the innocent, and the first promoters in England (as Cromwels beagles to do his pleasure) of the first Petition for a Personal Treaty almost 2. yeers ago, and commonly stile themselves the Preachers to the 7. Churches of Anabaptists, which Richardson pretending a great deal of affection to the Common wealth to Cromwel, & to us, prest very hard for union and peace, (and yet by his petition since this, endeavors to hang us) teling us, men cryed mightily out upon us abroad for grand disturbers, that sought Crom. bloud for al his good service to the Nation, and that would center no where, but meerly laboured to pul down those in power, to set up our selves: And after a little discourse with him, being all 4. present, and retorting all he said back upon those he seemed to plead for, before several witnesses, we appeale to his own conscience, whether those could intend any hurt or tyrannie to the people, that desires, and earnestly endeavours for many yeers together, that all Magistrates hands might be bound and limited by a just law and rule, with a penalty annexed unto it, that in case they outstrip their rule, they might forfet life & estate, and that al Magistrates might be chosen by the free people of this Nation by common consent, according to their undubitable right, & often removed, that so they might not be like standing waters, subject to corruption; and that the people might have a plain, easie, short, and known Rule amongst themselves to walk by; but such men were all we; and therefore justly could not be stiled disturbers of any, but onely such as sought to rule over the people by their absolute Wills and pleasures, and would have no bounds or limits but their lusts, and so sought to set up a perfect tyranny, which we absolutely did, and stil do charge upon the great men in the Army, and are ready before indifferent Judges to make it good. And as for seeking our selves, we need no other witnesses but some of our present adversaries in the House, whose great proffered places, and courtship by themselves and their Agents some of us have from time to time slighted, scorned, and contemned, till they would conclude to come to a declared and resolved center, by a just Agreement of the People; there being no other way now in the World to make this Nation free, happy, or safe, but that alone. And as for Cromwels bloud, although he had dealt basely enough with some of us in times by-past, by thirsting after ours, without cause, of whom (if revenge had bin our desire) we could have had it the last yeer to the purpose, especially when his quondam Darling, Maj. Huntington, (Maj. to his own Regiment) impeached him of Treason to both Houses: yet so deer was the good of our native Country to us, to whom we judged him then a serviceable Instrument to ballance the Scots, that we laid all revenge aside, hoping his often dissembled Repentances was real indeed; and M. Holland himself (now his favorite) if his 1000. or 1500. l. per annum of the Kings Lands, that now he enjoys, did not make him forget himself, can sufficiently testifie and witness our unwearied and hazardous Activity for Cromwels particular preservation the last yeer, when his great friends in the House durst not publikely speak for him.
And whereas it is said we will Center no where, we have too just cause to charge that upon them; the whole stream of all our Actions (as we told Richardson) being a continued Declaration of our earnest Desires to come to a determinate and fixed center: one of us making sufficient propositions to that purpose to the Councel of State at our last being there and all our many and late proffers as to that particular, they have hitherto rejected, as no waies consistent with their tyranical and selfish ends and designs: and have given us no other answer in effect, but the sending our bodies prisoners to the Tower: and therefore we judged it infinitely below us (as we told him) and that glorious cause (the Peoples Liberties and Freedoms, that we are now in bonds for) & for which we suffer, to send any message but a defiance by him or any other to them. Yet to let him know (as one we judged honest, and our friend) we were men of reason, moderation, and justice, and sought nothing particularly for our selves, more than our common share in the common freedom, tranquility, and peace of the land of our Nativity: We would let him know, we had a two fold Center, and if he pleased of and from himself to let our Adversaries know, we were willing our adversaries should have their choise to which of the two they would hold us to.
And therefore said we in the first place, The Officers of the Army have already compiled, and published to the view of the Nation, an Agreement of the people, which they have presented to the present Parliament, against which we make some exceptions, which exceptions are contained in our Addresses: Now let them but mend their Agreement according to our exceptions, and so far as all our interest extends in the whole Nation, we wil acquiesce and rest there, and be at peace with them, & live and dy with them in the pursuance of those ends, and be content for Cromwel and Iretons security, &c. for the bloud of war shed in time of peace at Ware, or any thing else, and to free our selves that we thirst after none of their bloud, but onely our just Liberties (without which we can never sit down in peace) That there shall be a clause, to bury all things in oblivion, as to life and liberty, excepting onely estate; that so the Common-wealth may have an account of their monies in Treasurers hands, &c.
Or secondly, if they judge our exceptions against their Agreement (or any one of them) irrational, let them chuse any 4. men in England, and let Cromwel and Ireton be 2. of them, and take the other 2. where they please, in the whole nation, and we 4. now in prison, will argue the case in reason with them, and if we can agree, there is an end, as to us, and all our interest, but in case we cannot, let them (said we all) chuse any 2. members of the House of Commons, and we will chuse 2. more, viz. Col. Alex. Rigby, and Col. Henry Martin, to be final umpires betwixt us, and what they, or the major part of them determine, as to us (in relation to an Agreement) and all our interest in the whole land, we will acquiesce in, be content with, and stand to without wavering: and this we conceive to be as rational, just, and fair, as can be offered by any men upon earth: and I for my part, say and protest before the Almighty, I will yet stand to this, and if this will content them, I have done, if not, fall back, fal edge, let them do their worst, I for my part bid defiance to them, assuredly knowing, they can do no more to me, than the divel did to Job: for resolved by Gods assistance I am, to spend my heart bloud against them, if they will not condescend to a just Agreement that may be good for the whole Nation, that so we may have a new and as equal a Representative as may be, chosen by those that have not fought against their freedoms, although I am as desirous the Cavaliers should enjoy the benefit of the Law, for the protection of their persons and estates, as well as my self. I know they have an Army at command, but if every hair on the head of that Officer or Souldier they have at their command, were a legion of men, I would fear them no more than so many straws, for the Lord Jehovah is my rock and defence, under the assured shelter of whose wings, I am safe and secure, and therefore will sing and be merry, and do hereby sound an eternal trumpet of defiance to all the men and divels in earth and hell, but only those men that have the image of God in them, and demonstrate it among men, by their just, honest, merciful, and righteous actions. And as for all those vile Actions their saint-like Agents have fixed upon me of late, I know before God none is righteous no not one, but only he that is clothed with the glorious righteousness of Jesus Christ, which I assuredly know my soul hath bin, and now is clothed with, in the strength of which I have walked for above 12 yeers together, and through the strength of which, I have bin able at any time in al that time, to lay down my life in a quarter of an hours warning. But as to man, I bid defiance to all my Adversaries upon earth, to search my waies and goings with a candle, and to lay any one base Action to my charge in any kind whatsoever, since the first day that I visible made profession of the fear of God, which is now above twelve yeares, yea, I bid defiance to him or them, to proclaim it upon the house tops, provided he will set his hand to it, and proclaim a publique place, where before indifferent men, in the face of the Sun, his accusation may be scand; yea, I here declare, that if any man or woman in England, either in reference to my publique actions, to the States money, or in reference to my private dealings in the world shal come in and prove against me, that ever I defrauded him, or her of twelve pence, and for every twelve pence that I have so done, I will make him or her twenty shillings worth of amends, so far as all the estate I have in the world will extend.
Curteous Reader, and deer Countryman, excuse I beseech thee my boasting and glorying, for I am necessitated to it, my adversaries base and lying calumniations puting me upon it, and Paul and Samuel did it before me: and so I am thine, if thou art for the just Freedoms and Liberties of the land of thy Nativity.
Postscript.
Curteous Reader, I have much wondered with my self, what should make most of the Preachers in the Anabaptist Congregations so mad at us foure, as this day to deliver so base a Petition, in the intention of it against us all four; (who have bin as hazardous Sticklers for their particular liberties, as any be in England) and never put a provocation upon them that I know of, especially, considering the most, if not all their Congregations (as from divers of their own members I am informed) protested against their intentions openly in their Congregations, upon the Lords day last, and I am further certainly informed that the aforsaid Petition the Preachers delivered, is not that which was read by themselves amongst the people, but another of their own framing since, which I cannot hear was ever read in any one of their Congregations: So that for the Preachers viz. M. Kiffin, M. Spilsbury, M. Patience, M. Draps, M. Richardson, M. Constant, M. Wayd, the Schoolemaster, &c. to deliver it to the Parliament in the name of their Congregations, they have delivered it a lye and a falshood, and are, a pack of fauning daubing knaves for so doing, but as I understand from one of M. Kiffins members, Kiffin himself did ingenuously confesse upon Lords day last, in his open Congregation, that he was put upon the doing of what he did by some Parliament men, who he perceived were willing and desirous to be rid of us four, so they might come off handsomely without too much losse of credit to themselves: and therefore intended to take a rise from their Petition to free us, and for that end it was, that in their Petition read in the Congregations, after they had sufficiently bespattered us, yet in the conclusion they beg mercy for us, because we had bin formerly active for the Publique. Secondly, I have bin lately told, some of the Congregationall Preachers are very mad, at a late published and licensed booke sold in Popes head Alley and Comhill, intituled, The vanity of the present Churches, supposing it to be the Pen of some of our friends, and therefore out of revenge might Petition against us; I confesse I have within a few houres seen and read the booke, and not before, and must ingenuously confesse, it is one of the shrewdest bookes that ever I read in my life, and do believe it may be possible they may be netled to the purpose at it, but I wish every honest unbyased man in England would seriously read it over.
The Proceedings of the Councel of State against Richard Overton, now prisoner in the Tower of London.
Upon the twenty eighth of March 1649) a partie of Horse and Foot commanded by Lieut. Colonel Axtel (a man highly pretending to religion,) came betwixt five and six of the morning to the house where I then lodged, in that hostile manner to apprehend me, as by the sequel appeared.
But now, to give an account of the particular circumstances attending that action, may seem frivolous, as to the Publick, but in regard the Lieutenant Colonel was pleased so far to out-strip the capacity of a Saint, as to betake himself to the venomed Arrows of lying calumnies and reproaches, to wound (through my sides) the too much forsaken cause of the poor oppressed people of this long wasted Common-wealth: like as it hath been the practice of all perfidious Tyrants in all ages. I shall therefore trouble the Reader with the rehearsall of all the occurrant circumstances which attended his apprehension of me, that the world may cleerly judge betwixt us. And what I here deliver from my pen as touching this matter, I do deliver it to be set upon the Record of my account, as I will answer it at the dreadfull day of judgment, when the secrets of all hearts shall be opened, and every one receive according to his deeds done in the flesh: and God so deal with me at that day, as in this thing I speak the truth: And if the rankorous spirits of men will not be satisfied therewith, I have no more to say but this, to commit my self to God in the joyful rest of a good conscience, and not value what insatiable envie can suggest against me. Thus then to the businesse it self.
In the House where I then lodged that night there lived three families, one of the Gentlemen being my very good friend, with whom all that night hee and I onely lay in bed together, and his Wife and childe lay in another bed by themselves: and when they knocked at the door, the Gentleman was up and ready, and his Wife also, for she rose before him, and was suckling her childe: and I was also up, but was not completely drest, And of this the Gentleman himself (her Husband) hath taken his oath before one of the Masters of the Chancery. And we three were together in a Chamber discoursing, he and I intending about our businesse immediately to go abroad, and hearing them knock, I said, Yonder they are come for me. Whereupon, some books that lay upon the table in the room, were thrown into the beds betwixt the sheets (and the books were all the persons he found there in the beds, except he took us for printed papers, and then there were many,) and the Gentleman went down to go to the door; and as soon as the books were cast a toside, I went to put on my boots, and before the Gentleman could get down the stairs, a girl of the house had opened the door, and let them in, and so meeting the Gentleman upon the stairs, Axtel commanded some of the souldiers to seize upon him, and take him into custodie, and not suffer him to come up: And I hearing a voice from below, that one would speak with me, I went to the chamber door (it being open) and immediatly appeared a Musketier (Corporal Neaves, as I take it) and he asked me if my name were not Mr. Overton: I answered, it was Overton, and so I sat me down upon the bed side to pull on my other boot, as if I had but new risen, the better to shelter the books, and that Corporal was the first man that entered into the chamber, and after him one or two more, and then followed the Lieutenant Colonel, and the Corporal told me, I was the man they were come for, and bade me make me ready: and the Lieutenant Colonel when he came in, asked me how I did, and told me, they would use me civilly, and bid me put on my boots, and I should have time enough to make me ready: And immediately upon this the Lieutenant Colonel began to abuse me with scandalous language, and asked me, if the Gentlewoman who then sate suckling her childe, were not one of my wives, and averred that she and I lay together that night. Then the Gentleman hearing his Wife call’d Whore, and abused so shamefully, got from the souldiers, and ran up stairs; and coming into the room where we were, he taxed the Lieutenant Colonel for abusing of his Wife and me, and told him, that he and I lay together that night: But the Lieutenant Colonel, out of that little discretion he had about him, took the Gentleman by the hand, saying, How dost thou, brother Cuckcold? using other shamefull ignorant and abusive language, not worthy repeating. Well, upon this his attempt thus to make me his prisoner, I demanded his Warrant; and he shewed me a Warrant from the Councell of State, with Mr. Bradshaw’s hand to it, and with the Broad Seal of England to it, (as he call’d it) to apprehend Lieutenant Colonel Lilburn, Mr. Walwine, Mr. Prince, and my self, where-ever they could finde us. And as soon as I was drest, he commanded the Musketiers to take me away, and as soon as I was down stairs, he remanded me back again into the chamber where he took me, and then told me, he must search the house, and commanded the trunks to be opened, or they should be broken open: and commanded one of the souldiers to search my pockets. I demanded his Warrant for that: He told me, he had a Warrant, I had seen it. I answered, That was for the apprehension of my person, and bid him shew his Warrant for searching my pockets, and the house: and according to my best remembrance, he replyed, He should have a Warrant. So little respect had he to Law, Justice, and Reason; and vi & armis, right or wrong, they fell to work, (inconsiderately devolving all law, right, and freedom betwixt man and man into their Sword; for the consequence of it extends from one to all, and his party of armed Horse and Foot (joyned to his over-hasty exorbitant will) was his irresistible Warrant: And so they searched my pockets, and took all they found in them, my mony excepted, and searched the trunks, chests, beds, &c. And the Lieutenant Colonel went into the next chamber, where lived an honest Souldier (one of the Lieutenant Generals Regiment) and his wife, and took away his sword, and vilified the Gentleman and his wife, as if she had been his whore, and took him prisoner for lying with a woman, as he said. He also went up to the Gentleman who lets out the rooms, and cast the like imputations upon his wife, as also upon a Maid that lives in the house, and gave it out in the Court and Street, amongst the souldiers and neighbours that it was a Bawdy-house, and that all the women that lived in it were whores, and that he had taken me in bed with another mans Wife. Well, he having ransack’d the house, found many books in the beds, and taken away all such writings, papers, and books, of what sort or kind soever, that he could finde, and given them to the souldiers, (amongst which he took away certain papers which were my former Meditations upon the works of the Creation, intituled, Gods Word confirmed by his Works; wherein I endeavoured the probation of a God, a Creation, a State of Innocencie, a Fall, a Resurrection, a Restorer, a Day of Judgment, &c. barely from the consideration of things visible and created: and these papers I reserved to perfect and publish as soon as I could have any rest from the turmoils of this troubled Common-wealth: and for the loss of those papers I am only troubled: all that I desire of my enemies hands, is but the restitution of those papers, that what-ever becomes of me, they may not be buried in oblivion, for they may prove usefull to many.) Well, when the Lieutenant Colonel had thus far mistaken himself, his Religion and Reason thus unworthily to abuse me and the houshold in that scandalous nature, unbeseeming the part of a Gentleman, a Souldier, or a Christian (all which titles he claimeth) and had transgressed the limits of his Authority, by searching, ransacking, plundering, and taking away what he pleased, he march’d me in the head of his party to Pauls Church-yard, and by the way commanded the souldiers to lead me by the arm, and from thence, with a guard of three Companies of Foot, and a party of Horse, they forced me to Whitehall; and the souldiers carried the books some upon their Muskets, some under their arms: but by the way (upon our march) the Corporall that first entred the room (whose word in that respect is more valuable then Axtels) confess’d unto me (in the audience of the Souldier they took also with them from the place of my lodging) that the Lieutenant Colonel had dealt uncivilly and unworthily with me, and that there was no such matter of taking me in bed with an other woman, &c. And this the said souldier will depose upon his oath.
When I came to White-hall, I was delivered into the hands of Adjutant General Stubber, where I found my worthy friends Lieutenant Collonel John Lilburn, Mr. Wallwin, and Mr. Prince in the same captivity under the Martiall usurpation: and after I had been there a while, upon the motion of Leiutenant Collonell Lilburne, that Leiutenant Collonell Axstell, and I might be brought face to face about the matter of scandall that was raised, he coming there unto us, and questioned about the report he had given out, there averd, that he took me a bed with an other mans wife; and being asked if he saw us actually in bed together, he answered, we were both in the Chamber together, and the woman had scarce got on her coates, (which was a notorious untruth) and she sate suckling of her child, and from these circumstances he did believe we did lie together, and that he spake according to his conscience what he beleeved: These were his words, or to the like effect, to which I replied, as aforementioned. But how short this was of a man pretending so much conscience and sanctity as he doth I leave to all unprejudiced people to judge: it is no point of Christian faith (to which is so great a pretender) to foment a lye for a wicked end, and then to plead it his beleif and conscience, for the easier credence of his malitious aspertion: but though the words belief and Conscience be too specious Evangelicall tearms, no truely consciencious person will say they are to be used, or rather abused to such evill ends. Well in that company I having taxed him for searching my pockets, and without warrant, he answered; that because I was so base a fellow, he did what he could to destroy me. And then the better to make up the measure of the reproach he had raised, he told us, it was now an opinion amongst us to have community of women; I desired him to name one of that opinion, he answered me, It may be I was of that opinion, and I told him, it may be he was of that opinion, and that my may be was as good as his May be: whereupon he replyed, that I was a sawsy fellow. Surely the Lieutenant Collonel at that instant had forgot the Bugget from whence he dropt, I presume when he was a pedler in Harfordshire he had not so lofty an esteem of himself, but now the case is altered, the Gentleman is become one of the Grandees of the Royall palace: one of the (mock-) Saints in season, now judgeing the Earth, inspired with providence and opportunities at pleasure of their own invention as quick and as nimble as an Hocas Spocas, or a Fiend in a Juglers Box) they are not flesh and bloud, as are the wicked, they are all spirituall, all heavenly, the pure Camelions of the time, they are this or that or what you please, in a trice, in a twinkling of an eye; there is no form, no shape that you can fancy among men, into which their Spirituallities are not changeable at pleasure; but for the most part, these holy men present themselves in the perfect figure of Angels of light, of so artificiall resemblance, enough to deceive the very Elect if possible, that when they are entered their Sanctum Sanctorum, their holy convocation at Whitehall, they then seem no other than a quire of Arch-Angels, of Cherubins and Seraphims, chanting their fals-holy Halelujaes of victory over the people, having put all principalities and powers under their feet, and the Kingdom and dominion and the greatness of the Kingdom is theirs, and all Dominions, even all the people shall serve and obey them, [excuse me, it is but their own Counterfeit Dialect, under which their pernitious hipocrisy is vailed that I retort into their bosoms, that you may know them within and without, not that I have any intention of reflection upon holy writ] and now these men of Jerusalem (as I may terme them) those painted Sepulchers of Sion after their long conjuring together of providences, opportunities and seasons one after another, drest out to the people in the sacred shape of Gods Time, (as after the language of their new fangled Saint-ships I may speak it) they have brought their seasons to perfection, even to the Season of Seasons, now to rest themselves in the large and full enjoyment of the creature for a time, two times and half a time, resolving now to ware out the true asserters of the peoples freedom, and to change the time and laws to their exorbitant ambition and will, while all their promises, declarations and engagements to the people must be null’d and made Cyphers, and cast aside as wast paper, as unworthy the fulfilment, or once the remembrance of those Gentlemen, those magnificent stems of our new upstart Nobillity, for now it is not with them as in the dayes of their engagement at Newmarket and Triploe heath, but as it was in the days of old with corrupt persons, so is it in ours, Tempora mutantur—.
But to proceed to the story: the Lieutenant Collonel did not only shew his weakness, (or rather his iniquity) in his dealing with me, but he convents the aforesaid Souldier of Leiutenant Generalls Regiment before divers of the Officers at White-hall, and there he renders the reason wherefore he made him a prisoner, because said he, he takes Overtons part, for he came and asked him how he did, and bid him be of good comfort, and he lay last night with a woman: To which he answered It is true, but the woman was my wife. Then they proceeded to ask, when they were married, and how they should know shee was his wife, and he told them where and when, but that was not enough, they told him, he must get a Certificate from his Captain that he was married to her and then he should have his liberty.
Friends and Country-men, where are you now? what shall you do that have no Captains to give you Certificates? sure you must have the banes of Matrimony re-asked at the Conventicle of Gallants at White-hall, or at least you must thence have a Congregationall Licence, (without offence be it spoken to true Churches) to lye with your wives, else how shall your wives be chast or the children Legitimate? they have now taken Cognizance over your wives and beds, whether will they next? Judgement is now come into the hand of the armed-fury Saints. My Masters have a care what you do, or how you look upon your wives, for the new Saints Millitant are paramount all Laws, King, Parliament, husbands, wives, beds, &c. But to let that passe.
Towards the evening we were sent for, to go before the Counsell of State at Darby-house, and after Lieutenant Collonel John Lilburne, and Mr. Wallwine had been before them, then I was called in, and Mr. Bradshaw spake to me, to this effect.
Master Overton, the Parliament hath seen a Book, Intituled, The Second Part of Englands New-Chains Discovered, and hath past several Votes thereupon, and hath given Order to this Councel to make inquiry after the Authors and Publishers thereof, and proceed upon them as they see Cause, and to make a return thereof unto the House: And thereupon he Commanded Mr. Frost their Secretary to read over the said Votes unto me, which were to this purpose, as hath since been publickly proclaimed:
Die Martis, 27 Martii, 1649.
The House being informed of a Scandalous and Seditius Book Printed, entituled, The Second Part of Englands New-Chains Discovered.
The said Book was this day read.
Resolved upon the Question by the Commons assembled in Parliament, That this printed Paper, entituled, The Second Part of Englands New-Chains Discovered &c. doth contain most false, scandalous, and reproachful matter, and is highly Seditious and Destructive to the present Government, as it is now Declared and setled by Parliament, tends to Division and Mutiny in the Army, and the raising of a New War in the Common-wealth, and to hinder the present Relief of Ireland, and to the continuing of Free-Quarter: And this House doth further Declare, That the Authors, Contrivers, and Framers of the said Papers, are guilty of High Treason, and shall be proceeded against as Traytors; And that all Persons whatsoever, that shall joyn with, or adhere unto, and hereafter voluntarily Ayd or Assist the Authors, Framers, and Contrivers of the aforesaid Paper, in the prosecution thereof, shall be esteemed as Traytors to the Common-wealth, and be proceeded against accordingly.
Then Mr. Bradshaw spake to me much after this effect;
Master Overton, this Councel having received Information, That you had a hand in the Contriving and Publishing of this Book, sent for you by their Warrant to come before them, Besides, they are informed of other Circumstances at your Apprehension against you, That there were divers of the Books found about you. Now Mr. Overton, if you will make any Answer thereunto, you have your Liberty.
To which I answered in these words, or to the like effect:
Sir, what Title to give you, or distinguish you by, I know not, Indeed, I confesse I have heard by common report, that you go under the name of a Councel of State, but for my part, what you are I cannot well tell; but this I know, that had you (as you pretend) a just authority from the Parliament, yet were not your Authority valuable or binding, till solemnly proclaimed to the people: so that for my part, in regard you were pleased thus violently to bring me before you, I shall humbly crave at your hands, the production of your Authority, that I may know what it is, for my better information how to demean my self.
Mr. Overton, We are satisfied in our Authority.
Sir, if I may not know it, however I humbly desire, that I may be delivered from under the force of the Military power, for having a naturall and legall title to the Rights of an Englishman, I shall desire that I may have the benefit of the Law of England, (which Law taketh no cognizance of the Sword). And in case you or any man pretend matter of crime against me, in order to a tryall, I desire I may be resigned up to the Civil Magistrate, and receive a free and legall tryall in some ordinary Court of Justice, according to the known Law of the Land, that if I be found a transgressor of any established declared Law of England, on Gods name let me suffer the penalty of that Law.
Further, Sir, In case I must still be detained a prisoner, it is my earnest desire, that I may be disposed to some prison under the jurisdiction and custody of the Civill Authority: For, as for my own part, I cannot in conscience (to the common right of the people) submit my self in any wise to the tryall or custody of the Sword, for I am no Souldier, neither hath the Army any Authoritie over me, I owe them neither dutie nor obedience, they are no Sheriffs, Justices, Bailiffs, Constables, or other Civil Magistrates: So that I cannot, neither will I submit unto their power, but must take the boldnesse to protest against it.
Mr. Overton, If this be your Answer, you may withdraw.
Sir, I humbly desire a word or two more.
Gen. Let him have liberty.
Mr. Overton, You may speak on.
Gentlemen, for future peace and securitie sake, I shall humbly desire to offer this unto your consideration, namely, that if you think it meet: That you would chuse any four men in England, pick and chuse where you please, and we (for my part, I speak it freely in my own behalf, and I think I may say as much in theirs) shall endeavour to the utmost of our power by a fair and moderate Discourse, to give the best account and satisfaction concerning the matter of difference betwixt us, that we can, that if possible, peace and agreement may be made: And this, after the weaknesse of my small understanding, I judge to be a fair and reasonable way: if you shall be pleased to accept of it, you may, if not, you may use your pleasure, I am in your hand, do with me as you think good, I am not able to hinder you.
Mr. Overton, If this be all you have to say, withdraw.
Sir, I have said.
So I was commanded into a little withdrawing room close by the Councel; and I supposed they would have taken my motion into consideration: But after I had been there a while, I was ordered to the Room again, where Lieut. Col. Lilburn, Mr. Walwine, &c. were.
And now that it may be clear unto the whole world, that we heartily desire the prevention and cessation of all differences and divisions that may be bred and break forth in the Land, to the hazard, if not actuall imbroilment thereof in a new exundation of blood in the prosecution of this controversie, wee do freely from the heart (that heaven and earth may bear witnesse betwixt our integrity to the peace of the Commonwealth, and their dealings with us) make this proffer as to be known to the whole world; that wee (in the first place I may best speak for my self; and I so far know the minds of Lieutenant Col. John Lilburn, Mr. Walwine, and Mr. Prince, that I may as freely speak it in their behalfs) wil, by the Assistance of God, give any four men in England that they shall chuse (although the Lieutenant General, and the Commissarie Generall be two of them) a free and moderate debate (if they shall think it no scorn) touching all matters of difference betwixt us, as to the businesse of the Common-wealth (for therein doth consist the controversie betwixt us) that if possibly, new flames and combustions may be quenched, and a thorow and an hearty composure be made betwixt us, upon the grounds of an equall and just Government. And that the businesse may be brought to a certain issue betwixt us, let them, if they please, chuse two Umpires out of the House, or else-where, and we will chuse two; and for our parts, we shall stand to the free determination or sentence, that these four, or any three of them shall passe betwixt us. Or else, if they please but to center upon The Agreement of the People, with amendments according to our late sad Apprehensions, presented to the House upon the 26 of February 1648, for our parts, we shall seal a Contract of Oblivion for all by-past matters, relating either to good name, life, libertie or estate; saving, of making Accompt for the publick Monies of the Common-wealth: And in such an Agreement we will center, to live and die with them in the prosecution thereof. And if this be not a fair and peaceable motion, let all well-minded people judge.
But if nothing will satisfie them but our bloud, we shall not (through the might of God) be sparing of that, to give witnesse to the Right and Freedom of this Common wealth against their Usurpation and Tyranny, but let them know this, That Building hath a bad Foundation that is laid in the bloud of honest men, such as their own knowledge and consciences bear them record, are faithfull to the common interest and safety of the People: out of our ashes may possibly arise their destruction. This I know, God is just, and he will repay the bloud of the innocent upon the head of the Tyrant. But to return to the Narrative.
After some small space that we had all been before them, we were called in again, first, Lieut. Col. John Lilburn, then Mr. Walwine, and then my self: And coming before them the second time, Mr. Bradshaw, spake to this effect:
Mr. Overton, The Councel hath taken your Answer into consideration, and they are to discharge their dutie to the Parliament, who hath ordered them to make enquiry after the Book, intituled, The second part of England’s new Chains, &c. and thereof they are to give an account to the House: And the Councel hath ordered me to put this question unto you, Whether you had an hand in the contriving or publishing this Book, or no?
Sir, I well remember, that since you cut off the King’s head, you declared (or at least the Parliament, from whence you pretend the derivation of your Authoritie) that you would maintain the known fundamentall Laws of the Land, and preserve them inviolable, that the meanest member of this Common-wealth, with the greatest, might freely and fully enjoy the absolute benefit thereof. Now Gentlemen, it is well known, and that unto your selves, that in cases criminall, as now you pretend against me, it is against the fundamentall Laws of this Common-wealth to proceed against any man by way of Interrogatories against himself, as you do against me: and I beleeve (Gentlemen) were you in our cases, you would not be willing to be so served your selves, (what you would have other men do unto you, that do you unto them.) So that for my part, Gentlemen, I do utterly refuse to make answer unto any thing in relation to my own person, or any man or men under heaven, but do humbly desire, that if you intend by way of Charge to proceed to any Triall of me, that it may be (as before I desired at your hands) by the known established Law of England, in some ordinary Court of Justice appointed for such cases (extraordinary waies being never to be used, but abominated, where ordinarie waies may be had) and I shall freely submit to what can be legally made good against me.
But I desire that in the mean time you would be pleased to take notice, that though in your eye I seem so highly criminal, as by those Votes you pretend; yet am I guiltie of nothing, not of this paper, intituled, The second part of England’s new Chains, in case I had never so much an hand in it, till it be legally proved: for the Law looketh upon no man to be guiltie of any crime, till by law he be convicted; so that, I cannot esteem my self guiltie of any thing, till by the Law you have made the same good against me.
And further Sir, I desire you to take notice, that I cannot be guiltie of the transgression of any Law, before that Law be in being: it is impossible to offend that which is not; Where there is no Law there is no Transgression: Now, those Votes on which you proceed against me are but of yesterdaies being; so that, had I an hand in that Book whereof you accuse me, provided it were before those Votes, you cannot render me guiltie by those Votes: If I had done any thing in it, since the Votes (provided you had solemnly proclaimed the same) then you might have had some colour to have proceeded against me: but I have but newly heard the Votes, and since that you know I could do nothing.
Mr. Overton, I would correct your judgment in one thing: We are not upon any Triall of you; we are onely upon the discharge of our dutie, and that trust committed unto us by the Parliament, to make enquiry after the authors, contrivers and framers of the Book; and having information against your self and your Comrades, we sent for you, and are to return your Answer to the House, howsoever you dispute their Authority.
Dispute their Authoritie, Sir! That’s but your supposition, and supposition is no proof. And Sir, as you say you are to discharge your dutie, so must I discharge mine. And as for matter of triall, I am sure you taxe me in a criminall way, and proceed to question me thereupon. But Sir, I conceive it my dutie to answer to none of your Questions in that nature, and therefore shall utterly refuse.
Now Gentlemen, I desire you to take notice, that I do not oppose you as you are members of the Common-wealth; for it is well known, and I think to some here, that I have ever been an opposer of oppression and tyrannie, even from the daies of the Bishops to this present time; and the Books that I have writ and published do in some measure bear witness thereof, and it is well known, that my practice hath ever been answerable thereunto. I suppose no man can accuse me, but that I have opposed Tyrannie where-ever I found it: It is all one to me under what name or title soever oppression be exercised, whether under the name of King, Parliament, Councel of State, under the name of this, or that, or any thing else, For tyrannie and oppression is tyrannie and oppression to me where-ever I finde it, and where-ever I finde it I shall oppose it, without respect of persons.
I know I am mortall and finite, and by the course of nature my daies must have a period, how soon I know not, and the most you can do, it is but to proceed to life; and for my part, I had rather die in the just vindication of the cause of the poor oppressed people of this Commonwealth, then to die in my bed, and the sooner it is, the welcomer, I care not if it were at this instant, for I value not what you can doe unto me.
But Gentlemen, I humbly desire yet a word or two. I confesse, I did not expect so much civilitie at your hands as I have found, and for the same I return you hearty thanks.
Now whereas you commonly say, That we will have no Bottom, center no where, and do taxe us by the Votes you read unto me, of destruction to the present Government, division and mutinie in the Armie, &c. But here I do professe unto you, as in the presence of the allseeing God, before whom one day I must give an account of all my actions, That in case you will but conclude upon an equall and just Government by way of an Agreement of the People, as was honourably begun by the Generall Officers of the Army, and but free that Article in it which concerns the liberty of Gods Worship from the vexatious entanglements and contradictions that are in it, that so consciencious people might freely (without any fear of an insulting Clergie) live quietly and peaceably in the enjoyment of their consciences, As also to add unto it a Barr against Regalitie, and the House of Lords; As also to make provision in it against the most weighty oppressions of the Land; that thereby they may be utterly removed, and for the future prevented, and the people setled in freedom and safetie : And then, for my part, neither hand, foot, pen, tongue, mouth or breath of mine shall move against you; but I shall with my utmost power, with hand, heart, life and bloud, assist you in the prosecution thereof, and therein center. Try me, and if I fail of my word, then let me suffer.
Mr. Overton, If you have no more to say, you may withdraw.
Sir, I humbly crave the further addition of a word or two. Gentlemen, I desire (as I did before) that I may (according to the common right of the people of England) be forthwith freed from under the power of the Sword, and be delivered into the hands of the Civil Magistrate, in case I shall be still detained a prisoner, for I am so much against the intrusion of the Military power into the seat of the Magistrate, that I had rather you would fetter me legs and hands, and tie me neck and heels together, and throw me into a Dungeon, and not allow me so much as the benefit of bread and water till I be starved to death, then I would accept of the best Down-bed in England, with sutable accommodation, under the custody of the Sword.
Mr. Overton, I would correct your Judgment a litle, you are not under the Military power, but under the Civil authority, for by the Authority of Parliament this Counsel by their Warrant hath sent for you.
Sir, it is contest, that pro forma tantum, for matter of Forme, inke or paper, I am under the Civil Authoritie, but essentiallie and reallie, I am under the Martial power; for that Warrant by which I was taken, was executed upon me by the Military power, by a Partie of Horse, and divers Companies of Foot in Arms, and in that Hostile manner (like a prisoner of War) I was led Captive to White-hal, and there ever since, till commanded hither, I was kept amongst the Souldiers, and I am still under the same force: Besides, Sir, these men are meer Souldiers, no Officers of the Magistrate of England, they brought no Warrant to me from anie Justice of Peace, neither did carrie me before anie Justice of Peace, but seised on me, and kept me by their own force: Therefore it is evident and deer to me, That I am not under the Civil, but the Martial power.
Master Overton, If this be your Answer, you may withdraw.
Sir, I have said.
And so I was conducted to the Room where they had disposed Lieutenant Col. Lilburne and Mr. Walwine: And the next news we heard from them, was, of our Commitment to the Tower, and Master Prince and I were joy nod as yoak-fellows in one Warrant; a Copie whereof is as followeth;
These are to will and require you, to receive herewith into your Custody the Persons of Master Richard Overton, and Master Thomas Prince, and them safely to keep in your prison of the Tower of London, until you receive further Order: They being Committed to you upon suspition of High Treason; of which you are not to fail; and for which this shall be your Warrant: Given at the Councel of State at Darby-House this Twentie eighth day of March, 1649.
Councel of State, appointed by Authority
of Parliament.
the Tower.
Thus all un-interested, unprejudiced persons, (who measure things as they are in themselves, having nothing in admiration with respect of persons, who simply and sincerely mind the freedom and prosperity of the Common-wealth) may clearly see, as in a Glass, by this tast of Aristocraticall Tyranny towards us, a perfect and lively resemblance of the Councell of State; Ex pede Leonem, you may know a Lion by his foot, or a Bear by his paw: by this you may see their nature and kind, what and from whence they are, and whether they tend, by this line you may measure the height depth and breadth of their new Architecture of State, and by making our case but yours, you will find your selves new fettered in chaines, such as never England knew or tasted before; that you may (truly if you will but measure it in the consequence thereof,) break forth and cry out, Their little finger is thicker then our Fathers loines; our Fathers made our yoke heavie, but these adde unto our yoake; our Fathers chastised us with whips, but these chastise us with Scorpions. Who would have thought in the daies of their glorious pretences for Freedom, in the daies of their Engagements, Declarations and Remonstrances, while they were the hope of the oppressed, the joy of the righteous, and had the mighty confluence of all the afflicted and well-minded people of the Land about them, (I principally reflect upon the Victors of the times) I say, who would have thought to have heard, seen, or felt such things from their hands as we have done? Who would have thought such glorious and hopefull beginnings should have vanished into Tyrannie? Who would have thought to have seen those men end in the persecution and imprisonment of persons whom their own Consciences tell them, to be men of known integritie to the Common-wealth; and which is so evident and demonstrative, that thousands in this Nation can bear Record thereof; and that those men should be so devillish, so tyrannicall and arbitrary, as after their imprisonment, to rake hell, and skim the Devill, to conjure out matter of Charge or accusation against them, that they might have their blood, as in our case they have done, sending abroad their blood-hounds to search and pry out in every corner, what could be made out against us, going up and down like roaring Lions seeking how they might devour us; one offering Mistris Prince her Husbands libertie, and the 1000 l. they owe him, if he will but discover what he knoweth (as they are pleased to imagine) against us, and not onely so, but some Members of the House (as Mr. Kiffin confessed in respect of himself) negotiate with the principall Leaders of severall Congregations of religious people about the Town, to promote a petition, which was no other but in order to their bloudy designe against us, that those conscientious people (surprised by their fraudulent suggestions and craft) might (not truly understanding the business) appear in the disownment and discountenance of us, and in the approbation and furtherance of the prosecutors of their bloudy Votes of High-Treason, intentionally breathed out against us: for could they by their delusions overwhelm us once in the odium of religious people, with the venemous contagion of their malicious clamours, bug-bears, reproaches and lies, beget us under the Anathema of the Churches, then they think they may with case and applause cut us off, for that’s the venome lieth under the leafe, how finely soever they zeal it over, that so our friends and brethren (thus surprised and overtaken) may become our Butchers, and think they do God and their Country good service while they slay us; but let them beware how they contract the guilt of our bloud upon their heads; for assuredly the bloud of the Innocent will be upon them, and God will repay it; I speak not this to beg their mercy, I abhorre it, I bid defiance to what all the men and divels in earth or hell can do against me in the discharge of my understanding and Conscience for the good of this Common-wealth; for I know my Redeemer liveth, and that after this life I shall be restored to life and Immortality, and receive according to the innocency and uprightnesse of my heart: Otherwise, I tell you plainly, I would not thus put my life and wel-being in jeopardie, and expose my self to those extremities and necessities that I do; I would creaturize, be this or that or any thing else, as were the times, eat, drink, and take my pleasure; turn Judas or any thing to flatter great men for promotion: but blessed be the God of Heaven and Earth, he hath given me a better heart, and better understanding. But to proceed;
That which is most to our astonishment, we understand of a truth, That Master Kiffin (to whose Congregation my back-friend Axtel is a retainer) Master Spilsbury, Master Patience (who vilified the Book intituled, The Second Part of Englands New Chains, and yet contest he never saw it or heard it read, as by evidence can be made good) Mr. Fountain, Mr. Drapes, Mr. Richardson, Mr. Couset, Mr. Tomlins, and Mr Wade the Schol-master became their Pursuevants or bloud-hounds, to hunt us to the Bar of the House of Commons with a Petition (most evidently and cleerly in pursuance of our bloud) Intituled, The humble Petition and Representation of the several Churches of God in London, commonly (though falsly) called Anabaptists, April 2. 1649. tacitely and curiously in a most Religious vail pointing at, and reflecting upon us, as Interrupters of the Setlement of the Libertie and Freedom of this Common-wealth, headie, high-minded, unruly, disobedient, presumptuous, self-will’d, contemners of Rulers, Dignities and Civil Government, whoremasters, drunkares, cheaters, &c. as if it were not with those men, as with the Publican and Sinner, dis-owning the Book intituled, The Second Part, &c. which at that juncture of time, all circumstances dulie weighed, was an absolute justification of those Votes of High Treason, and of prosecution against us as Traytors, for the tendency of those Votes were vented at us, and that their own knowledge and Consciences tels them to be true, so that they could have done no more in Order to our bloud, then what they did in that matter, so as to hand it off fairly and covertly preserving to themselves the reputation of the Churches of God: and to adde unto their impiety against us, they juggle with the Churches, present it in the name of the Churches of God in London called Anabaptists, and in their names Remonstrate that they (meaning the Churches, as by the title they speak) neither had nor have heart nor hand in the framing, contriving, abetting, or promoting of the said Paper, which though read in several of our publick Meetings, we do solemnly professe, it was without our consent, being there openly opposed by us. Notwithstanding it is notoriously evident, That the generality of the People Dissented from their Petition against us, and as upon good intelligence I am informed, They had scarce ten in some Congregations to sign it, in some not above 2 or 3, in some none, and in the main they had not the Tythe of the people, and yet those men like a Consistory of Bishops, a Synod of Presbyters, or a New-England Classis, presume upon the Assumption of the name of Several Churches of God, as if to themselves they had purchased the Monopolie or Pattent thereof, or as if the persons of Mr. Kiffin, Mr. Patience, &c. were so many several Churches, (hence sprang the papal, Prelatical, and Presbyterial Supremacie over the Consciences of people) and therefore it behoveth the people to have a care of their Leaders.
We have had the name of King, the name of Parliament, the name of the Armie, &c. surprised, abused, and usurped against us by the hand of our exorbitant enemies; but never before, the name of Several Churches of God, and those stiled Anabaptists; Hear O Heavens, and judge O Earth! Was there ever the like Pact attempted or perpetrated amongst the Churches of God? such wickedness is not once to be named amongst them: And I do not doubt but the wel-minded Christian people of those several Churches presented by that Petition, will vindicate themselves from the Aspersion thereby laid upon them; For I cannot beleeve till I see it, That those people would do any thing, or own any thing that might but so much as seemingly tend to our bloud, or our imprisonment; I am confident they abhorre it: And they cannot in Conscience do less then to disavow that Bloudy Petition (as to its tendency against us) and till they do it, they will be sharers in the publick guilt of our imprisonment, yea, and of our Bloud, for (however God may divert the wicked purposes of men,) that Petition is guiltie of our Bloud.
I confesse, for my part, I am a man full of Sin, and personal Infirmities, and in that Relation I will not take upon me to cleer or justifie my self; but as for my Integrity and uprightnesse to the Common wealth, to whatsoever my understanding tels me is for the good of mankind, for the safety, freedom, and tranquillity of my Country, happinesse and prosperity of my Neighbours, to do to my neighbor as I would be done by, and for the freedom and protection of Religious people: I say as to those things, (according to the weak measure of my understanding and judgment) I know my integrity to be such, that I shall freely (in the might of God) sacrifice my life to give witnesse thereunto; and upon that Accompt I am now in Bonds, a protestor against the Aristocratical Tyrannie of the Counsel of State, scorning their Mercy, and bidding defiance to their Crueltie, had they ten millions more of Armies, & Cromwels to perpetrate their inhumanities upon me; for I know they can pass but to this life; when they have done that, they can do no more; and in this case of mine, he that will save his life shall loose it; I know my life is hid in Christ; and if upon this accompt I must yeild it, Welcome, welcome, welcome by the grace of God.
And as for those reproaches and scandals like the smoke of the bottomlesse pit, that are fomented against me, whereby too many zealous tender spirited people are prejudiced against my person, readie to abhorre the thing I do, though never so good, for my person sake, I desire such to remove their eies from persons to things: if the thing I do be good, it is of God, and so look upon it, and not upon me, and so they shall be sure not to mistake themselves, nor to wrong me: And I further desire such to consider, That tales, rumours, slanderings, backbitings, lyes, scandals &c. tost up and down like clouds with the wind, are not the fruits of the Spirit, neither are they weapons of Gods warfare, they are of the devil and corruption, and betray in the users of them an evil mind: It is a certain badge of a Deceiver to take up whisperings and tales of mens personal failings to inflect them to the cause those persons maintain, by such means to gain advantages upon them.
Consider whether the things I hold forth and professe as in relation to the Common-wealth, be not for the good of mankinde, and the preservation of Gods people: and if they be, my personal failings are not to be reckoned as a counter-balance against them. As I am in my self in respect to my own personall sins and transgressions, so I am to my self and to God, and so I must give an account, the just must stand by his own faith: But as I am in relation to the Common-wealth, that all men have cognizance of, because it concerns their own particular lives, livelihoods and beings, as well as my own, and my failings and evils in that respect I yeeld up to the cognizance of all men, to be righteously used against me. So that the businesse is, not how great a sinner I am, but how faithfull and reall to the Common-wealth, that’s the matter concerneth my neighbour, and whereof my neighbour is only in this publick Controversie to take notice, and for my personall sins that are not of Civill cognizance or wrong unto him, to leave them to God, whose judgment is righteous and just. And till persons professing Religion be brought to this sound temper, they fall far short of Christianity, the spirit of love, brotherly charity, doing to all men as they would be done by, is not in them; without which they are but as a sounding brass, and a tinkling cymball, a whited wall, rottenness and corruption, let their ceremonial formall practice of Religion be never so Angel-like or specious.
There is a great noise of my sins and iniquities: but which of my Aspersers Oxe or Asse have I stollen? which of them have I wronged the value of a farthing? They taxe me with filthinesse, and strange impieties, but which amongst them is innocent? he that is innocent, let him throw the first stone, otherwise let him lay his hand on his mouth: I have heard of as odious failings, even of the same nature whereof they tax me (and it may be, upon better evidence) amongst them, laid open to me, even of the highest in present power, as well as amongst eminent persons in Churches, which I ever have counted unworthy to be used as an engine against them in the Controversie of the Commonwealth: But if they will not be quiet, I shall be forced, in honour to my own reputation, to open the Cabinet of my Aspersers infirmities, that the world may see what sort of men they are that say unto others, thou shalt not steal, and steal themselves: I shall be sorry to be forced to it; but if they will not be content, necessity hath no law, I shall (as Mr. John Goodwin said to Mr. Edwards, if he would not be quiet) make all their reputations as a stinking carcasse.
And although they think they have such firm matters against me, let them not be too hastie to pursue me with reproach any further, lest it recoil with a vengeance upon themselves: for it is an old and a true saying, One tale is good till another be told. Therefore let no man judge before the time, lest he be judged; for I am able to vindicate my self to all rationall men, as clear as the Sun at noon day, in what I have done.
Much I might have said as in relation to the illegality of our Apprehension, Commitment, &c. But for the present I shall omit it to further opportunity, or the engagement of some more abler pen: And so I shall commit my self and my wayes to God alone, with chearfulnesse and alacrity of spirit, rejoycing that he hath counted me worthy to bear witnesse once more against the Oppressours of the People, and to suffer for the sake of the poor, against the insulting tyrants of the times.
Captivity in the Tower
of London;
Dulce est pro Patria mori.
Postscript
Courteous Reader, for thy better satisfaction concerning the infamous scandal raised by Lieutenant Colonel Axtel upon me, I thought meet to subjoin hereunto a Copie of an Affidavit concerning the Matter: But I have forborn the publishing of the Deponents name in print, upon his own desire. Yet those of my friends who are desirous, I shall be ready to shew unto them the Originall Copy: A transcript whereof is as followeth.
A. B. of the Parish of St. Anne Aldersgate, Citizen and Pewterer of London, aged thirty six years or thereabouts, maketh Oath, That whereas Lieutenant Colonel Axtel, upon his Apprehending of Mr. Richard Overton, upon Wednesday, between five and sixe of the clock in the morning, being the twenty ninth of March last past, 1649, by an Order from the Councell of State, did raise and make a Report, that he took the said Mr. Overton in bed with this Deponents Wife, that That Report was and is altogether false and scandalous, for that this Deponent and the said Mr. Overton, the Tuesday night next preceding the said Wednesday, did lie both together all that night in one and the self same bed, and this Deponents Wife and his little Childe in another bed of this Deponents house or lodgings. And that the next morning, before the said Lieutenant Colonel Axtel knocked at the door, this Deponent, with his Wife, with the said Mr. Overton, were all up and ready (saving that Mr. Overton had not put on his boots, band and cuffs) and were altogether in a chamber of this Deponents house, where this Deponents Wife was then suckling of her childe: and this Deponent hearing some body knock at the door, went down to open it, which was readily done by a girl of the same house. Whereupon the said Lieutenant Colonel Axtel (meeting this Deponent upon the stairs, and asking him if he were Mr. Overton, to which this Deponent replying, No,) commanded the Musketiers (who attended him) to take this Deponent into their custody, and he himself went directly up into the chamber with some Musketiers attending him. All which this Deponent affirmeth upon his oath to be true.
The Narrative of the Proceedings against Mr Thomas Prince, Thus followeth.
Upon Wednesday the 28. of March 1649. about four a Clock in the morning, my house was beset with about 200 Horse and Foot Souldiers with their Arms, one or more of them knocked at my door, my Wife being up with one of my Children (who was very sick) she hearing the knocking, speedily went and asked who was there? Some of them said, Is Mr Prince within? my wife said, yes: one of them said I would speak with him about some Butter and Cheese for Ireland: my wife told them, my husband is not stirring: they sayd, We must speak with him, it is not for his hurt: my wife presently comes running to my chamber and said to me, Husband, what have you done, here is a Troop of horse and many souldiers at the door for you? I gave my wife this Answer, I fear them not, if there were ten thousand Troops: presently my wife went and let them into my house, and being entred, they searched my Cestern and Oven, and three beds, and asked who lay in this bed? and who in that bed? &c. and turned and tossed the bed cloaths: presently after they came to the chamber where I was, with a pistoll and muskets presented against me: I asked them what the matter was? Lieutenant Colonel Axtel told me, I was his Prisoner, and that he did apprehend me for High Treason, I desired to see his Warrant: He said, here is a Warrant from the Councel of State, signed by the Lord President, and sealed with the great Seal: I took it of him, and read it over, and I found it was no Legal Warrant, and so I told the Lieutenant Colonel. Forthwith came my Wife unto me, and said unto the Souldiers, that she knew her Husband had done no harm, and that he cared not for the worst his Enemies could do unto him.
I was joyful to hear the cheerful words of my Wife, And my Wife further said, Is these the men my Husband hath stood for, and adventured his life, as he hath done, and trusted the Parliament in their necessities, above six years past, with above 1000 l. and is yet unpayd? I am sure my Husband is above 2000 l. the worse in his Estate, for assisting them. I said, Good sweet Heart be content, it is not for men I have stood, it is that the Commonwealth might be freed from Tyranny and Slavery, and I am not sorry for what I have done, for I have discharged a good Conscience therein.
I made me ready presently, took my leave of my dear and loving Wife, and went with the Lieutenant Colonel into my shop, where I found one of my servants and divers Souldiers with him, The Lieutenant Colonel asked me if I missed any thing, wished me to search the Souldiers.
I looked upon the Souldiers, and I told them, By their faces they seemed to me to be no such men: I told them, I had better thoughts of them, I, for my part, have done the Souldiers no wrong:
And I doubt not but these men and their fellow-Souldiers will stand for their own and the Peoples just Liberties against all Tyranny in whomsoever.
And as I was going from my shop in the Lane which doth joyn to my house, there was another party of Souldiers which stood nigh unto my door, and perceiving them in the street and lane, I laught heartily to see so many armed men come for me: I told the Lieutenant Col. one man with a Legal Warrant had been sufficient: The Lieutenant said, they had special Order upon their peril to come: I told him, to come in that manner was suitable to his unjust Warrant: And I also told him, my name is Prince, and that it was usual for Princes to have great attendance.
The Lieutenant Collonel gave a Captain charge of me, to bring me to Paul’s yard, which was performed with a strong Guard following close unto us, after a very little time, came my Friend Lieut. Col. John Lilburn, and Mr William Walwyn, after salutations betwixt us, we went from thence with Adjutant General Stubbard to White-Hall, and there with a very strong Guard of Soldiers was brought unto us our Friend Mr Richard Overton, and there we were kept prisoners until about five a Clock in the afternoon, at that time with a Guard of Souldiers we were brought to Darby-house, within two hours after we had been there, I was called for, I presently went, as was desired, into a room, where I see about ten or twelve men sitting about a large Table, after I had given them a full view, I put off my Hat: I was spoke unto to go nigh Mr Bradshaw, which I did, Mr Bradshaw said unto me, Here is the Votes of Parliament against that printed paper, entituled, The second part of Englands new Chains discovered, which Mr Bradshaw gave unto Mr Frost to read it to me, which he did. Mr Bradshaw likewise told me, Here is an Order of Parliament, giving power to this Councel of State to finde out and examine the Authors, Framers and Contrivers of the aforesaid paper, and to deal with them as they shall see cause, This Councel is informed that you are one of the Authors, Framers or Contrivers of the aforesaid Paper, and you are required to give your Answer.
After a little silence, I said these words, or to this effect;
Sir, I am an Englishman, and therefore lay claim to all the Rights and Liberties which belongeth unto an Englishman, and God gave me such knowledg, that in the very first beginning of the late Wars I gave my cheerful assistance against those that would rule over the people by their own wills, and upon that account, I adventured my life, and lost much blood in defence of the Common-wealth, and all along to this day have assisted in person and purse, to my utmost abilities, and I am the same man still to withstand Tyranny in any whomsoever.
Sir, I hate no man in the world, only the evil in any man I hate.
Sir, all those good things which my conscience and my actions will witness, I have done in behalf of the Common-wealth, I desire they may be all layd aside, and not come in the ballance, as to hinder any punishment that can be afflicted upon me for breaking any known Law.
Sir, that which makes a man an offender, is for breach of a Law, and that Law ought to be made before the offence is committed. Sir, Although I have fought and assisted against the wills and tyranny of men, yet I have not fought to overthrow the known Laws of the Land, for if there be no Law to protect my Estate, Liberty and Life, but to be left to the will of men, to the power of the Sword, to be abused at pleasure, as I have been this day, contrary to Law, being fetcht from my wife and family. Sir, by the same rule you may send for my wife, and children, and for all my estate, and the next time, if you please, to destroy all my neighbors, nay all in the City, and so from County to County, until you destroy as many as you please.
Sir, I have heard talk of Levellers, but I am sure this is levelling indeed, and I do here before you abhor such doings, and I do protest against them.
Sir, There is a known Law in this Land: if I have wronged any man, let him take his course in Law against me, I fear not what any man in England can do to me by Law, and, Sir, the Law I lay claim unto, as my right, to protect me from violence.
Sir, the Parliament hath lately declared, they would maintain the Law; but I am sure their and your dealing by me declares to the contrary.
Mr Bradshaw said, Is this your Answer? I said, Yes, then I was commanded to withdraw.
After some space I was called in again, Mr Bradshaw asked me, if I did own or deny that Paper, entituled, The second part of Englands new Chains discovered; and to this I was required by that Councel to give my Answer. To which I replyed:
Sir, At the beginning of the Parliament it was declared, how destructive it was for any man to be examined upon Interrogatories, and Sir, if they had not Declared it, it is my right not to be examined against my self; Sir, God hath given me this understanding, not to wrong my Neighbour nor my Self, if my right hand should take away and betray the liberty of my left, I would cut it off: Sir, the people who is the Originall of all Just Power, hath not given any such power to the Parliament, as to examine men against themselves in criminall Causes, the Parliament cannot give that to others they have not.
Sir, as I said before, if any man in England hath any thing against me, let them take their course by Law, Sir, the Law doth prescribe Rules for the Offender to be brought before a Justice of Peace, and after the Justice hath examined witnesses upon Oath, before the party apprehended, if the offence (although proved upon oath) be Bayleable, the Justice is to take Bayle, if the Justice refuse, the party may arrest the Justice, and have his cost by Law against him, if not Bayleable the party is to be sent to prison, and there to be kept untill the next Session or Assises, and not during pleasure.
Sir, I never heard of any Law that gives you, or any of these Gentlemen that sit here, any just Authoritie to call me here in this manner before you.
Master Bradshaw said, Is this your Answer? I answered yes, then I was bid withdraw.
About an hour after, news was brought unto us, That we were to be sent Prisoners to the Tower, upon suspition of High Treason, we disputed with the Officer, and shewed he had no Legall Warrant to carry us thither as prisoners, notwithstanding (by the power of the sword) we were brought Prisoners to the Tower of London, where we are Rejoycing that we are counted worthy to suffer in bearing Testimony for the Freedome of the People, against their Usurpation and Tyrannie.
this
I shall desire to acquaint the Reader, that when the Title page of the fore-going Book was first set, there was an absolute determination to have re-printed all our Examinations together, but for some weighty reasons the intentions are altered, and because I understand that the fury, rage and bloud-thirstinesse of Cromwell, Ireton, Haslerig, and Harrison is most at me, right or wrong to destroy me and have my bloud, I am determined, by Gods assistance, to fill their hands as full with my own pen, as all the brains I have can fill them; and to make them pay a valuable price, if possibly I can, for every hair of my head. And in order to my future intentions, I shall here annex my Outcryes against the Bishops, when they had like to have murdered me in the Fleet, being printed at Amsterdam 1639, intituled
A Cry for Justice: or; An Epistle written by John Lilburn, To all the grave and worthy Citizens of the famous City of London, but especially to the Right honorable Maurice Abbot, Lord Maior thereof,
The most miserable and lamentable complaint of that inhumane, barbarous, savage and unparalell’d cruelty and tyranny, that is causelesly, unjustly, and wrongfully exercised upon me John Lilburn a faithfull Subject to my Prince, Country, and a Prentise of this Honorable City, though now a most deplorable close prisoner in the common Gaol of the Fleet. 1639.
Most Honorable and Noble Lord, The chief cause wherefore God the wise Governour of Heaven and Earth, did appoint Magistrates, was for the good of the sons of men, and that they should do Justice betwixt a man and his neighbour, and that they should hear the grievances of the oppressed, and deliver them from the cruelty of their oppressors.
That wrong, violence and injustice that I have suffered, would be now too long to relate in particular: but it being so insupportable, made me to publish it abroad unto the view of the world, to the perpetuall infamy of my tormentors, the chief of which are the traitorous, bloody, murthering Prelates.
The story of my former misery and wrongs you may, if you please, read at large in three severall Books of mine now in print, and published to the view of England, Scotland, Ireland and Holland. They are called My unjust Censure in the Star-chamber, My Speech at the Pillory, and My mournfull Lamentations. I have not seen them since they were put in print, because the Prelate of Canterbury wrongfully detains well nigh two thousand of them from me: but there are still many thousands of them behinde, and I doubt not but some, who pities my afflicted estate, will convey some of them unto your Lordships hands: In the last of which I have proved, that I am more cruelly dealt with, then bloudy Bonner dealt with the poor Saints and Martyrs in Queen Marys dayes, and that I am denyed that which in England was never yet denyed to any Traytor that ever I read of. And in it I accuse William Laud the Prelate of Canterbury for High Treason, the which I did a yeer agone before Sir John Banks Knight, and will still venture my life upon the proof thereof, if I may have a Legall proceeding. One ground of my accusation is this, the Parliament Laws and Statutes of this Land, as the 25 and 37 of Hen. 8. and the first of Edw. 6. and the first and 27 of Elizabeth, doth enact to this effect, That whosoever goes about to set up or challenge any terrain or domestick Ecclesiastical Jurisdiction, but what doth immediately flow and come from the Imperiall Crown, is (ipso facto) a Traitor, and ought to die without the benefit of Clergie, as more at large in them you may read. Now the Bishop of Canterbury and the rest of his mercilesse brethren, about four yeers agone, in the Censure of the Noble Doctor Bastwick, (now of late much degenerate) there in their open Court at Lambeth, renounced the King and his Authority, and said, They were not beholding to him for their Episcopall Jurisdiction, for they were made Bishops by Jesus Christ, and consecrated by the holy Ghost, and they had their thrones, and were before Christian Kings, and they held the Crowns of Kings upon their heads, and their Maxime was, No Bishop, no King. And if this be not treason, then I think there was never any committed: And this, with much more to this effect, Doctor Bastwick doth declare in his answer to Sir John Banks his Information (as you may read in the tenth and eleventh pages thereof.) And for this (most Noble Lord) was I, against all Law and Justice, laid in irons for a long time together, in a most inhumane manner, and lock’d up close prisoner for these twelve months together, against all Law, and to the violating of the Subjects Libertie: for by Magna Charta, and other Statutes of this Land, which are still in force, but onely the execution of them is thrown in the kennell, neither the Lord Keeper, nor any others ought to commit any of the Kings Subjects close prisoners, unless either for Felony or Treason, and onely in case of an extraordinary crime, and then they must forthwith bring them to their tryall: But by close imprisonment the Law doth not mean that the Kings Subjects should be locked up in rooms; much lesse, that their friends should not be suffered to come to speak with them, and bring them victuals to preserve their lives, as grave Judge Crook, not long since, in his Speech at Westminster-Hall did prove, when he pleaded for the Subjects Liberty. But contrary to the Parliament Laws, yea, and the practice of Heathens and Pagans, I am lockt up close all alone, and cannot be suffered to come to a just tryall; but am kept up so close, that my friends and acquaintance that bring me relief (I being long since deserted of my Kindred) are not suffered to come at me, but are sent away with that they bring me, with all the abuses, reproaches, and revilings that possible may be, by my Keeper. And one that came unto me he hath beaten, and others he hath threatned to kick if they come any more to me; and to others of them he hath most falsly and slanderously reviled me, calling me Rebell and Traytor, telling them that no victuals should come at me: so that I am forced daily, in regard of barbarous cruelty, to cry out aloud at my iron grate, to the prisoners and strangers, to let them know the height of my misery wherein I live: and yet no redresse can I have, but daily more and more cruelty is exercised upon me, and many grievous threats from bloudy murthering Morry my keeper, who threatens to hamper me, and lock my head and legs together for my complaining: This he did the last Lords day at night, and also offered to beat me with his keys, in so much, that at ten a clock at night I was forced to cry out to the prisoners of it. And in this most miserable condition do I remain, though I have been dangerously sick almost these eleven months, which many times hath brought me even unto deaths door; and in regard of my exceeding extremity of pain in my head, by reason of my long closenesse ever since Candlemass Term was twelve months, and my cruell torments besides, I have been constrained (for to get a little ease of my extream pain, which in sudden fits takes me for two or three hours together) to be tied to a constant course of Physick usually once in fourteen dayes, and sometimes oftner: And though of late I had a little liberty to walk once a day in the common prison yard; yet I am now deprived of it by the Warden for complaining of my keepers cruelty, and his shamefull abusing me, and my friends which did but come to look upon me; with whom this was my greatest discourse, that I had tied my self by promise, before I could get that little liberty of walking, that I would not talk with any Friends, therefore I desired them not to be offended, for I durst not talk with them: Yet because they came but to see me, I was deprived of it, and also they that looked to me in my sicknesse and weaknesse kept from me; so that now in my weakness I have none to look to me. In my Grievous and mournfull Complaint already published, I have a little touched the Wardens galled conscience for his cruell oppressions: wherefore he in revenge (it seems) intends to murther me, lest I should by my just complaints make it cost him as dear as the salving up of his wickednesse did, when he was last called to an account, for I have heard the prisoners with open mouth proclaim it, that for making his peace, he gave to the Earl of Bohon ten thousand pounds, and to the fore-man of the Jury one thousand pounds, for which his conscience being troubled, he revealed it upon his death bed: And also to an Officer five hundred pounds to rase out some things which were upon record: yea, I have heard the poor Prisoners proclaim it aloud, that he cozens them of above seven hundred pounds a yeer which belongs to them; and allows them but a small pittance, upon which they are not able to live; and some of them have severall times in the open Chappel cryed out to the Gentlemen prisoners, that they are ready to starve and perish for want of food; yea, so great hath been the barbarous cruelty of the Warden to the poor, that (if the Prisoners reports may be beleeved) poor men here have been forced, for want of food, to eat their own dung: And this had been my own condition, in likelyhood, had not God raised up some compassionate Friends, that were meer strangers unto me before my sufferings; some of which, through all difficulties and reproaches from my Keeper, have brought me food. And though the poor have not by the Wardens means the tenth part of their due, yet to lessen that small means which the poor hitherto hath had (some of which have nothing else in the world to live upon) he hath of late added unto them so many more, (some of which are men of able estates) which he hath put upon the charity, contrary to their Orders, purposely to starve the poor indeed: yea, he hath by force put upon the charity Henry the Hangman, who is under-Turnkey, and hath forty pound land a yeer, as he himself confesseth; and whose vailes besides, as I have heard the prisoners say, are some times better worth then three shillings a day, and this the warden hath done for him, because he is so officious and ready in beating and abusing the poor distressed prisoners, that cry out of the wardens cruelty; and not only the poor prisoners, but also some of those that come to visit and relieve them, some of which he hath beat, and threatned to kick others.
I have heard the prisoners affirm that the revenues of the Fleet hath been cast up to be above threescore thousand pounds a yeer, oh therefore the height of cruelty not to be paralell’d, I think amongst the savage, and barbarous Heathens and Pagans, and which mightily crys unto your Honor, now in our Soveraigns absence, for the wellfare of the City, betimes to be looked unto, and with the assistance of the Noble Lord Protector, to examine out the truth of things, that poor oppressed men may have speedy redress of their wrongs; the greatest part of which, ariseth by reason of the wardens greatnesse with the Bishop of Canterbury and the Lord Keeper, so that they dare not for fear (as I have heard some of them say) complain of him.
Besides my Lord it is notoriously known, that John Morry my upper keeper hath been arraigned at Newgate for murthering a prisoner here in former times, and I think here are other fresh things against him, if poor prisoners might be heard and have justice, which would bear another inditement, and at least manifest him to be too too bloudy a man to have the keeping of poor innocent men; for some in this prison, as it is here reported have been secretly poysoned and lost their lives upon it, and others with eating garlike, and like antidotes have expelled it, and are yet living here to justifie the same; and my dogged under keeper hath been a hangman; whereupon the prisoners at their fallings out with him, do say this verse to his face (viz) Morry the Irish pedler, and Harry the hangman of Cambridge-Shiere, and by these two bloody men, from both of which I have received unsufferable wrongs, my Adversaries intend I shall be killed in a corner.
Because of my untainted innocency, they dare not bring me to a legall publike tryal to the view of the Kingdom; wherefore I am forced by reason of intolerable cruelty injustice and wrong, to cry out unto your Honour, as I have often done at my grate, murther, murther, murther; therefore hear O Heavens, and give care O Earth, and all ye that hear or read this my just complaint and lamentation, bear witness to future generations, that I cry out of violence, wrong, injustice, cruelty, and inhumanity, that I suffer from the trayterous Bishop, and the unjust Lord Keeper, old Sir Henry Vaine, and their bloody Jaylours, which do and will execute their commands, be they never so unjust and unlawful. And how that for my zeal and courage for my God and his truth and glory, and for my ardent love to my Prince and Country, and for my strong desire and indeavour (or the prosperity and flourishing estate of this renowned City, the Metropolis of England, I am like to lose my life and blood by murthering cruelty in close Imprisonment, Therefore, oh all ye brave and worthy Citizens, save, help and rescue me a poor distressed and greatly oppressed young man, from the devouring pawes of devouring Lionish men.
Now my Honorable Lord, I come to make my humble supplication unto your self, which is this, that you would be pleased to take my most deplorable condition into your grave and serious consideration, and after your consultation about it, with your worshipfull brethren the Aldermen of this City, acquaint the honourable Lord protector that noble and courteous Earl of Northumberland, with it (who in part knows it already) but alas alas, I am long since deserted of my kindred and friends, so that I have none that dare follow my business for me, wherefore I am like shortly to perish in my great distress unless your Lorships be pleased in this particular to do something for me.
I desire from your Honours neither silver nor gold, for alas at present it would do me no pleasure, for had I all treasure in the world to buy me victuals, and want a stomack when I should have them, they would nothing avail me: and yet so lamentable is my condition, by reason of my longe closeness and painfull sickness; so that all the favour I desire is but the one of these two things. First that if I be thought to be an offender, that then I may be forthwith brought to a publick tryal, and suffered with freedom to pleade my own just cause again the Bishops, and the Lord Keeper, and old Sir Henry Vaine’s illegall and unjust censure of me which was onely upon this ground: because I refused to take an illegall and unlawfull inquisition oath, which he the Lord Keeper tendred to me, which as I told him to his face in the Star-chamber is against the Statute Lawes of this land; yea against the petition of right, enacted in the 3 yeer of our Soveraign King Charles; yea I told him and proved it to be against the Lawes of God and man, and contrary to the practise of the Heathens and Pagans; (as you may read in the Acts of the Apostles) yet this was the onely ground wherefore he and old Sir Henry Vane, &c. censured me to pay 100 pound, and to be whipt; for there was no witness brought against me face to face, onely there was read two false oaths made by one Edmond Chillington (now a Lieut. in Col. Whalyes Regiment, and one of the principal men that lately caused the Souldier to be shot to death at Pauls) whom the Bishop hired, by giving him his liberty out of New-gate prison for swearing those two false oaths, and doing them other wicked service of the like nature.
My Lord for my own part I desire no mercy nor favour nor compassion from the greatest of my enemies, but onely the benefit of my Soveraignes Lawes, which as I am a faithful and loyal subject to my Prince and Contry, I do according to my priviledge earnestly crave and begg not fearing by reason of my unspotted Innocency the rigour of Justice; for my innocency is such that I fear neither death nor hell, men nor Devills, hanging nor burning; for I assuredly know that when this my miserable life is ended I shall go to my God of glory to be a posessour of an immortall Crowne of glory.
In the second place, if they will not let me have a speedy and legal tryall, then therefore in regard my keepers are such murthering, poysoning and starving fellowes, that I have just cause, in regard of their cruell bloudy threats and inveterate malice at me, to fear that they will either secretly by poison, or else by other wicked cruelty put me to death. I humbly and earnestly desire, that I may be turned over to Bridwell, Newgate, either of the Counters, or any other prison about this City, where my friends may be suffered to come to me and relieve me, and look to me in my weaknesse and great distresse; for I am necessitated with speed to take physick again to ease the extremity of pain which I endure in my head; if my Friends according to law and humanity might be suffered to come to look to me. And for my safe imprisonment, if I may be removed I will put in sufficient security either to the L. Protector, or your self for my forth-coming at all times to answer whatsoever the greatest or capitallest of my enemies shall at any time object against me.
Now, my Lord, I have a little acquainted you with my grievous and just complaint, the particulars of which I offer to justifie and prove, it being such an example of cruelty which is lawlesly and unjustly exercised upon me, which I think cannot be parallell’d in any Nation in the world, where morality and humanity are professed.
Oh therefore, as you are the Noble Governour of this Renowned City, and a Magistrate of good report, make me some powerfull and speedy help against the cruel Warden, whose lawless, unjust, and uncontrollable oppressions are so great (not only to me, but also to-many other poor prisoners) that I think no Prison in the world is able to parallel those just complaints that poor distressed men are able justly to make against him; the chief of which arise from the Bishop, old Sir Henry Vane, and the Lord Keeper’s bearing up the Warden in all his cruelty, for executing with tyranny and rigour their unjust and unlawfull Commands upon those they commit hither to be tormented in our cruel Fleet Purgatory, which if any of the oppressed do but offer to speak of, the Warden and his Officers do labour by lawlesse cruelty to murther them.
Therefore it behoves you, my Lord, and my Lord Protector, now in our Soveraigns absence [being then gone against the Scots] to hear the cryes of poor distressed, and too too much oppressed prisoners, and to ease them according to justice and right, of their intolerable burthens.
For my own part, my distresses and miseries are so great, that I protest before the God of heaven and earth, that I had rather imbrace present death, then still endure the piercing bitternesse of my oppressing torments: yea, I had rather chuse to be banished into the howling and dolesom wildernesse, and left among the Lions, Dragons, Bears and Wolves, those devouring and ramping wilde beasts, then to be as I am, in the custody of the lawlesse, murthering Bishop and Jaylors.
O therefore, if there be any bowels of mercy and compassion in you, most Noble Lord, pity the deplorable condition of me a poor distressed innocent young man, and a Prentice of this Honourable City: And with you, my Lord, I have had occasion to speak face to face about my Masters businesse; and the last piece of service that I did him was in your Honours House. O that I were with you again, that I might with mournfull sollicitations sollicite you for some speedy redresse, which for our Christ his sake I beseech you let me shortly have, lest the continuance in my present and constant misery, cause me to publish this in print, proclaiming it aloud to other Nations, to the publick view of all men, that so they may know my miserable condition. But if I can but have any redresse I shall be ready at your Honours command to do you any service that I am able; and in the interim, I shall with willingnesse sit down in peace and silence. So committing you and all your brave Citizins to the keeping of the Almighty Protector, desiring him to guide your Noble heart uprightly to execute Justice and Judgment in your great place, in these tormenting, oppressing and bloudy times; that so your good name for equity and justice may be had in perpetuity in future generations. So for the present I humbly take my leave, and rest,
Your most miserable distressed, and cruelly oppressed poor Suppliant,
All of this I subscribe with my own bloud, which is already almost shed with cruelty: And for the safety of my life, since I was whipt, to the number of above 500 stripes with knotten whip-cords in lesse then an hours space, I have been forced to be let bloud four times.
And because in my most cruell condition I am not suffered to have either pen or ink, neither of which I make use of in the writing of this, I am forced to send it very ruggedly to your Honour, and to crave pardon for those literal faults that you shall finde in it.
From the Fleet, the oppressingest and cruellest prison (I think) that is in the world, the middle of this fifth Month, called May, 1639.
T.188 (6.8) [William Walwyn], The English Souldiers Standard (5 April 1649).↩
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Bibliographical Information
ID NumberT.188 [1649.04.05] (6.8) [William Walwyn], The English Souldiers Standard (5 April 1649).
Full title[William Walwyn], The English Souldiers Standard to Repaire to, for Wisdom
and Understanding in these doleful backs-liding Times. To be read by every
honest Officer to his Souldiers, and by the Souldiers one to another.
Printed in the Yeer, 1649.
5 April 1649.
Thomason Tracts Catalog informationTT1, p. 736; Thomason E. 550. (1.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
IT WAS most worthily said of you, in your Declaration of the 14 of June 1647, page 6, That you were not a meer mercenary Army, hired to serve any arbitrary power of a State; but were called forth, and conjured by the severall Declarations of Parliament, to the defence of your own and the peoples just Rights and Liberties: and so you took up Arms in judgment and conscience, to those ends.
Which expressions of yours, and the like, gave so great content and satisfaction to all sorts of well-minded people, that the meanest private Souldier amongst you was more honourable in their esteem, then the most glorious out-side man in the world: you had been their guard by day, and their defence by night; you delivered them from the Bear, and from the Lion; and when the Parliament began to turn Tyrants themselves, and would have broken you in pieces by dividing of you, and sending a part of you for Ireland, that so they might without obstacle have trampled upon the peoples Liberties, you resolved, as became an Army whom the Lord had blessed, to deliver the people also from those uncircumcised Philistines.
And when they would have terrified you from so doing, with urging, that you resisted Authority; you spared not to tell them (and that truly) That it is no resisting of Magistracy, to side with the just principles and Law of Nature and Nations: And that the Souldiery may lawfully hold the hands of the Generall who will turn his Canon (meaning his strength, power and authority) against his Army, on purpose to destroy (or enslave) them: And such (you say) were the proceedings of our Ancestours of famous memorie, to the purchasing of such Rights and Liberties as they have enjoyed through the price of their bloud; and we both by that, and the later bloud of our dear friends and fellow-souldiers (with the hazard of our own) do now lay claim to.
And truly friends, it will be necessary for you to look quickly about you, and that to purpose, and to be like unto our Ancestors, or like unto your selves in what you then declared: and to enquire, whether you and the rest of the people of this Nation are yet restored to those their Rights and Liberties: and accordingly to be satisfied in your Judgments and Consciences.
You have been many of you Country-men and know well what a miserable burthen Tythes and Free-quarter are: many of you have been Trades-men and laborious people, and can be sensible how intolerable the burthen of Excise, and Customs, and Monopolies in Trade are, Officers and Usurers running away with that which should pay you, and the poor labour for; to the ruine of Trade. You cannot but know what it is to live continually in prison, in penury and beggery, hearing and seeing the misery of such poor people in all places.
You know, we live under unknown Laws, written in canting French, vext and molested with a whole drove of corrupt Judges, Lawyers, Jaylors, and the like Caterpillers of the Common-wealth.
Your great Officers indeed have reduced the Supreme Authority into one Jurisdiction: but what are we or you the better, when it is used to set up new ways of tryals for our Lives and Liberties, new Courts of Justice, denying both you and us (when they please) the benefits of tryals by twelve sworn men: when already they have punish’d for matters of Religion, as other corrupt Parliaments use to do: and when they have erected a Councell of State that already examines men upon Interrogatories against themselves in criminall Cases: when they stop the Presse, that no information shall be given to you or the people, and imploy worse beagles to hunt after books, than the High-Commission or Star-Chamber ever did?
Nay Friends, where are you and our Liberties, when your Generall Councel of Officers make it so hainous a crime for Souldiers to petition Parliaments, without licence of their Officers. It is but few years since that in London the Aldermen of the City endeavoured that no Citizens should petition the Parliament, but first they should passe the Common Councel.
But it was when those great men intended to grasp into their hands all power both of Parliament and people; as appeared soon after by their pernitious Remonstrances, and desperate Engagements; which we beleeve had done much more mischief, if honest and resolved Citizens had not made bold with their Greatships, and frequently visited the House with Petitions, which would as soon have past the fire, as the Common Councell.
And you had best look unto your selves, and to your and our Liberties, when as your Officers (many of them) begin to combine together, and punish men for petitioning; assure your selves, if they go on, your Liberties and ours are not long-lived; nay, are they not at last gasp, when they are grown so raging mad, as to importune for a Law to have power in themselves, to hang and put to death any person, though not of the Army, as shall hold any discourse with Souldiers about their own and the peoples just Rights and Liberties? Pray friends, were these men any part of the Army when you published to the world, that you took up Arms in Judgment and Conscience, for the peoples just Rights and Liberties? or have those your Officers forgot themselves, and utterly lost their consciences, and all sense of their then promises, Declarations, and Remonstrances? if so, you shall do well to remember them, as you did those Officers of yours that made scruple to engage with you for your right of petitioning, and for the peoples Liberties at New-market.
Or are these Officers usurpers, and not properly the Councell that was then chosen by the Army? pray look to it, for your Declarations and their works differ exceedingly; the one tending to freedom, but the latter to such a bondage as all true English Souldiers will abhor; and if you find that you have not chosen them to deal with you in those affairs of the Common-wealth, which concern every private Souldier, as the greatest Commander: What have you then to do, but chuse out from amongst your selves, such faithfull men, whether Officers or Souldiers, as in these doubtfull staggering times, have stood firm to their first principles, and do evidence by their humility and resolution, that they took up arms in judgement and Conscience, for their own and the peoples just Rights, and Liberties: and such as rather then the Nation should be deprived thereof, being purchased with so vast expence of blood, durst hold the hands of the Generall, and all the Generall Officers, if they shall persist to turn their Cannons, their strength, power, and authority to the enslaving of the Common-wealth.
For what else is become of that judgment and Conscience, in which you took up armes? certainly your Consciences cannot be satisfied that your Generall, and Generall Officers, no nor the new Generall Councell of Officers, (which seldom exceeds three-score persons) shall after all your tedious strivings, and struglings for liberty, against all other parties, make both you and us, slaves to themselves in a Counsell of State, or their own packt Parliament? certainly Tyranny, Cruelty and continuance of oppression, is not the lesse because your Officers are now the Authors and continuers of it: but should rather be esteemed the greater and more abominable, by how much their promises have exceeded others. It cannot stand either with sound judgment, or good Conscience, that now you should be so far respecters of persons, as to beare with that wickedness, and treachery in your pretended friends and Commanders, which you have by many years war laboured to destroy and root out, in two great and powerful parties.
You are seriously to consider that you have an alseeing God to give an account unto, and are not to please your Commanders in fulfilling their wils; but to be sure that you give satisfaction to your Conscience in the well pleasing of Almighty God.
And it will be no satisfaction at all to his justice, when he shall call you to an account for the killing and slaying of men, for you to say that you did it in obedience to the Commands of your Generall and Officers; for you must note that it is those just ends, the rights and liberties of the people, that only can acquit you from being murtherers in all you have done, so that you may at once highly please your commanders in killing and slaying of men, to make way for their greatness, wealth, and domination; and more highly displease God in being murtherers in so doing: nor can you escape his heavy Judgments, except you persevere and go on to those just ends, unto which you have made your way as through a Sea of Blood, and to be no respecters of persons, but to take whomsoever for an enemy that shall oppose you therein.
It is observed that you are very strict against your own fellow Souldiers, in case they offend, though in small matters, inflicting very severe punishments for particular offences; and why then look you not after and consider the ways of your Commanders, but let them pass with all their delusions of the Army, abusing the faith and credit thereof, with all sorts of people, breaking your Counsell of Agitators, corrupting and terrifying both Officers and Souldiers, to mould them to their own vile and unworthy ends: and are now in a ready way to make themselves, and their creatures in Parliament, and elsewhere absolute Masters over the Common-wealth? Nay do you not help them in it for want of consideration? for why else are you so ready to execute their cruell sentences upon honest and faithfull Souldiers, as your shooting the man to death at Ware, and imprisoning of divers about the agreement of the people? And now also of late your forcing of five worthy Souldiers to ride the Horse, with their faces to the Horse tails, and breaking their swords over their heads, for standing to their and your Right in petitioning, and for presenting a letter to your cruell Counsell in justification thereof?
It seems it is a very true proverbe, that honors change manners, and is fully verified in your great Commanders, who in the fore recited Declaration of the 14 of June 1647 earnestly desired that, the right and freedom of the people to present petitions to the Parliament might be cleared and vindicated, haveing made it before hainous crime in Hollis, and Stapleton, to hinder the Souldiers from petitioning; and yet now being in honor and power, judge, and sentence honest faithfull Souldiers, to base unworthy punishments, for but resolving to petition.
But truely friends, suffer this and suffer any thing; experience saith, he that takes one box on the car invites another; and when Souldiers that should be men in all things, stand still and suffer their fellow Souldiers to be thus abused by a pack of Officers, no marvell if these officers turn Tyrants, and presume to do any thing to any man.
What right hath a Generall, Generall Officers, or a Counsell of Officers, to petition more then the meanest private Souldier? surely, to be a Generall is not to be above Law, except he make himself a Tyrant; is he or any Officer any other but a person under authority and accomptable for discharge of their trusts? nor is a private Souldier a slave because he is a private souldier: but to have as full benefit of the Law, as clear a use of his liberty in petitioning, or otherwayes as his Generall, or Officers; and there is no surer mark to know a Tyrant by, or such as would be so, then for any to argue otherwise: And it will be good to mark such with a black coale.
Pray consider it, and lay it to heart: Is it not a shame that your fellow-souldiers should undergo so slavish, so severe and painfull punishment, as to ride the woodden horse, or run the gauntlet, and be whipt for small particular offences, and that you should suffer in the mean time your Officers and Commanders to turn Tyrants, and never punish them at all for it? Is this to take up Arms in Judgment and Conscience, when one man, being your Commander, may (as the proverb saith) steal a horse, and you will hang a private souldier for but looking over the hedge? for what comparison is there between a private souldiers offence, and an Officers turning a Bear, a Wolf, a Tyrant?
Beleeve it, if you look not to it speedily, your Officers are in a ready way to make you and the Commonwealth absolute slaves; for they mould and fashion the Army even how they please; preferring none to commande but flatterers and servile men, and catch at all advantages to turn all such out of command as are anyway sensible of the rights of the people; and have taken so absolute a power therein so long, that they have done very much of their work:
And do beleive all is formed to their own bent, and that’s the reason they presume now to propose the sending of many of you for Ireland, pretending extraordinary necessity, and that that Nation otherwise will be utterly lost:—but surely all parties are not so soon agreed; ’twill not be amiss to make two words to such a bargain.
This you know is not the first fetch for Ireland; and you must note ’tis neither Ireland, nor Scotland, nor any other forces they fear, but the sting of their own consciences perpetually tels them they have dealt most perfideously, and Tyrannously with the Army, and Common-wealth; and they perceive by the many motions of Soilldiers, and others, that the Army is likely to draw out Adjutators once more, whose morning they know will be the evening of their domination, and the next day they fear will prove their dooms day:
To avoid which, in all post haste they must be divided, and sent some one way, and some another; but if you be wise, stay a little, or you may perhaps never meet again. Certainly, before you go, it will be good for you to see those Rights and Liberties of the people, for which you took up Arms in judgment and conscience, cleared and secured, by a full and clear Agreement of the people; and not to leave them at the meer arbitrary mercy of a Councel of State, or a pack’d Parliament: for since they have dared to gull and cheat you to your faces, and whilest you are hereabouts, and together; what inhumane cruelties may they not do in your absence? especially, since they incline to raise more forces of a mercenary and servile nature, that shall make no questions for conscience sake about their Commands, as you have been used to do; and then fare-well the English Liberties for ever.
What-ever they may tell you, or however they may flatter you, there is no less danger lies at the bottom of this business for Ireland, and therefore it behoves every one of you to lay it to heart: and before you resolve upon a new Engagement, first see a new Representative of the Army established, by the free Election of every Regiment; and refer your selves to their Counsel and advice in all things, to be disposed of as they shall see cause; and neither admit of disbandings, nor of new listings, nor of any undertaking for Ireland, or any other service, but as that Councell shall advise.
For consider, as things now stand, to what end you should hazard your lives against the Irish: have you not been fighting these seven years in England for Right and Liberties, that you are yet deluded of? and that too, when as none can hinder you of them but your own Officers, under whom you have fought? and will you go on stil to kil, slay and murther men, to make them as absolute Lords and Masters over Ireland as you have made them over England? or is it your ambition to reduce the Irish to the happinesse of Tythes upon trebble dammages, to Excise, Customs and Monopolies in Trades? or to fill their prisons with poor disabled prisoners, to fill their Land with swarms of beggers; to enrich their Parliament-men, and impoverish their people; to take down Monarchical Tyranny, and set up an Aristocratical Tyranny; or to over-spread that Nation as this yet is, with such Wasps and Hornets as our Lawyers and their Confederates? Or if you intend not this, or would be sorry to see no better effects of your undertakings, it certainly concerns you in the first place, and before you go, to see those evils reformed here; that when occasion shall justly invite you thither, you may carry a good platform in your hands, such a one as possibly they will never fight against: And it would be much more to be wished, that you might overcome them by just and equall offers, then by strength and force. And except you begin and proceed thus, how you will satisfie your consciences, is not discernable.
Therefore look to it, and be not surprised neither with the suddenness nor the plausibleness that may be put upon it by your General, or General Councels; the killing and slaying of men, or the making of a War, being a thing that every particular man of you must give a strict account to God for; in whose sight your Commanders are of as smal weight, when they come to be put into his just balance, as the meanest of you; and at whose great day, these will be found infallible truths, though now they will be called dividing doctrines.
But you must be stedfast to truths, and not be startled from your principles, nor from your promises and engagements, by the revilings of men: these being properly to be called Dividers, that forsake the society of honest men, because they stick close to their principles: it being also certainly good and justifiable to divide for good, rather then to unite for evill.
Labour by all means every man of you to preserve the love of the people toward you, and upon all occasions make it evident that it is for their good you continue in Arms, be courteous and gentle towards all you meet, whether in the streets, or upon the Roads; give them kind language and civil respects, without justling, or brushing, or bustling for the way; a thing which some proud Officers have cherish’d too much in some rude persons: and at your Quarters exercise your selves in harmless refreshments, without noise or lavish expence and give the preeminence to the Master and Mistris of the Family, whether rich or poor; and so you have food and raiment, be therewith content, without regard of bravery or delicateness; eat not but for hunger, which makes all things sweet; and cloath not but for health; and your happiness will not be far to seek.
Beware of entertaining il thoughts of any man, or of any condition of men without good proof; try and examine all things which shall be proposed unto you to act upon; and act or not act as you find the things good or evil; and be not diverted from your own understandings, by your respect to mens persons, nor terrified by aspersions cast upon the proposers, which from our Saviours time to this day hath ever been the obstructer of all good endevours: and if you mind the present proceedings, you will find it was never more practised then now; and it wil never go wel with the Publick, till you mark all aspersers as men that labour to deceive; and know what they have to alledge against the matter proposed, without reflection upon the persons that propose it, or you will never go on with any thing of worth.
Its come to a pretty pass with most of your great Officers: they would have you to obey their commands, though to the killing and slaying of men, without asking a reason: and as the Church of Rome holds the poor ignorant Papists in blind obedience, who are taught to beleeve as the Church beleeves; so would they have it with you, to be led this way, or that way (as men lead horses) into Ireland, or Scotland, or any whither, and as horses shall be whipped, or hanged as mutiniers, if you but dispute the cause, or but petition to have the cause stated before you go, that your judgments and consciences may be fully satisfied (as becometh honest men and Christians) in the lawfulness of whatsoever you undertake. But as there is no Tyrants like those of Rome, through the sottish ignorance of the Papists; so there is nothing will make your Officers so perfect tyrants, as this kind of blind obedience in you: nor wil any thing demonstrate that you took up arms in judgment and conscience, but that every one of you be satisfied in both, before you undertake or engage in any service: and that by sound consideration you wipe off that scandal which your great Officers have fixt upon you; that is, that if they but provide the Troopers good pay, they make no question but to command them any whither, and that they are then assured the Foot will follow the Horse whithersoever they go. ’Tis a sad storie, but it is frequent in their discourse, and no doubt you know it; and shews to what state they designe to bring you.
On the other side, if any thing be proposed to you that is good in it self, and absolutely necessarie for the peace and freedom of the Common-wealth, how then do they bestir themselves, and even sweat with labor to perswade, that you see not to the bottom of it, that it is the most dangerous designe that ever was, that Jesuits at least must be the authors of it, if not Levellers, who like Jack Cade, and Wat Tiler, and the Anabaptists of Munster, would have all things common, wives and all.
But if you rightly consider, this doth but manifest unto you, that all Tyrants are directed by one and the same means; this being but the very same measure which was measured to the whole Army, a little before you past through the City, by those your opposers that were then setting up other Tyrannie.
Your General and Gen. Officers being then Jack Cade and Wat Tiler, that would have all things common; who now setting up for themselves, have packt a Parliament and a Councell of State for their purpose, must bestow the same language upon them that oppose those, as was bestowed upon themselves, and whilest you live you may confidently build upon, that none but those that would be Tyrants, will by aspersions go about to terrifie men from relying upon their own understandings.
You have had very much experience: and if you do but any thing consider and resolve, you shall very hardly be deceived; but assure your selves the great work in hand is how to deceive or corrupt you, it being impossible otherwise for them to become Masters of the Common-wealth.
And if they can but get a considerable part of you for Ireland before you see the Councell of State abolished, and this Nation set upon such sure foundations of Freedom, as shall not be in the power of future Parliaments to subvert, their work’s done: nay if they cannot get you for Ireland as themselves much doubt thereof, and have cause enough considering the difficulties attending; yet if they can but get a good part of you in to Scotland before you see those Foundations of freedom setted firmly by an honest agreement of the people, nothing can hinder them of their designe.
Therefore be sure to see this Nation well settled first: keep together here and you may be confident none dare meddle with you from abroad, and when all things are to your mind at home, you may then safely cast your eys abroad, but not before, nor will it ever be good for you to meddle abroad but upon evident cause, upon good grounds, that you may engage upon sound Judgement and good conscience; and not as most of the world doth through ambition, covetousness, and revenge, the fomenters of most of the wars that ever were; and the religion, freedom, peace and prosperity of the people, have been ever in the tongue, yea though accompanied with fastings and prayings, and long preachings, yet your experiences cannot but tell you, ambition, covetousnesse, and revenge have ever been at the heart; and God is discovering it to the whole world.
And may every one of you, and your wel-minded Officers, be therein effectuall instruments to his glory, and in the accomplishment of the freedom, peace and happiness of this miserably abused Nation: And that you may be so, and neither be diverted nor terrified from selling yourselves thereunto, and that with all your might, cast your eys frequenly on this your Standard, and be diligent in searching into your own Consciences, and swerve not from what you find to be your duty; prefer your Officers before others, if they inform your Judgements aright, and lead you to nothing but what is evidently just, obey them exactly after you are resolved of the Justnesse of the cause, but not before.
For he that runs to kill men meerly upon Authority, or others Judgments, or for money, is condemned of himself, in his Conscience, as a murtherer, be the cause what it will; and first or last shall not escape the Judgments of God.
T.189 (6.9) [Signed by John Lilburn, William Walwyn, Thomas Price, Richard Overton, sometimes attributed mainly to Walwyn], A Manifestation from Lieutenant Col. John Lilburn et al. (14 April 1649).↩
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ID NumberT.189 [1649.04.14] (6.9) [Signed by John Lilburn, William Walwyn, Thomas Price, Richard Overton, sometimes attributed mainly to Walwyn], A Manifestation from Lieutenant Col. John Lilburn et al. (14 April 1649).
Full title[Signed by John Lilburn, William Walwyn, Thomas Price, Richard Overton, sometimes
attributed mainly to Walwyn], A Manifestation from Lieutenant Col. John
Lilburn, Mr William Walwyn, Mr Thomas Prince, and Mr Richard Overton, (Now
Prisoners in the Tower of London) And others, commonly (though unjustly) styled
Levellers. Intended for their Full Vindication from the many aspersions cast
upon them, to render them odious to the World, and unserviceable to the Common-wealth.
And to satisfie and ascertain all Men whereunto all their Motions and Endeavours
tend, and what is the ultimate Scope of their Engagement in the Publick Affaires.
They also that render evill for good, are Our adversaries: because we follow
the thing that good is.
Printed in the year of our Lord, 1649.
14 April 1649.
Thomason Tracts Catalog informationTT1, p. 737; Thomason E. 550. (25.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
Since no man is born for himself only, but obliged by the Laws of Nature (which reaches all) of Christianity (which ingages us as Christians) and of Publick Societie and Government, to employ our endeavours for the advancement of a communitive Happinesse, of equall concernment to others as our selves: here have we (according to that measure of understanding God hath dispensed unto us) laboured with much weaknesse indeed, but with integrity of heart, to produce out of the Common Calamities, such a proportion of Freedom and good to the Nation, as might somewhat compensate its many grievances and lasting sufferings: And although in doing thereof we have hitherto reaped only Reproach, and hatred for our good Will, and been faine to wrestle with the violent passions of Powers and Principalities; yet since it is nothing so much as our Blessed Master and his Followers suffered before us, and but what at first we reckoned upon, we cannot be thereby any whit dismayed in the performance of our duties, supported inwardly by the Innocency and evennesse of our Consciences.
’Tis a very great unhappinesse we well know, to be alwayes strugling and striving in the world, and does wholly keep us from the enjoyment of those contentments our severall Conditions reach unto: So that if we should consult only with ourselves, and regard only our own ease, Wee should never enterpose as we have done, in behalfe of the Commonwealth: But when so much has been done for recovery of our Liberties, and seeing God hath so blest that which has been done, as thereby to cleer the way, and to afford an opportunity which these 600 years has been desired, but could never be attained, of making this a truly happy and wholly Free Nation; We think our selves bound by the greatest obligations that may be, to prevent the neglect of this opportunity, and to hinder as much as lyes in us, that the bloud which has been shed be not spilt like water upon the ground, nor that after the abundant Calamities, which have overspread all quarters of the Land, the change be onely Notionall, Nominall, Circumstantiall, whilst the reall Burdens, Grievances, and Bondages, be continued, even when the Monarchy is changed into a Republike.
We are no more concern’d indeed then other men, and could bear the Yoke we believe as easily as others; but since a Common Duty lyes upon every man to be cautious and circumspect in behalfe of his Country, especially while the Government thereof is setting, other mens neglect is so far we thinke from being a just motive to us of the like sloath and inanimadvertency, as that it rather requires of us an increase of care and circumspection, which if it produces not so good a settlement as ought to be, yet certainly it will prevent its being so bad as otherwise it would be, if we should all only mind our particular callings and employments.
So that although personally we may suffer, yet our solace is that the Common-wealth is therby some gainer, and we doubt not but that God in his due time wil so cleerly dispel the Clouds of Ignominy and Obloquy which now surround us by keeping our hearts upright and our spirits sincerely publike, that every good man will give us the right hand of fellowship, and be even sorry that they have been estranged, and so hardly opinionated against us: We question not but that in time the reason of such misprisions will appeare to be in their eyes and not in our Actions, in the false Representation of things to them and improper glosses that are put upon every thing we do or say: In our own behalfs we have as yet said nothing, trusting that either shame and Christian duty would restrainE men from making so bold with others good Name and Reputation, or that the sincerity of our actions would evince the falshood of these scandals, and prevent the Peoples Beliefe of them; But we have found that with too much greedinesse they suck in Reports that tend to the discredit of others, and that our silence gives encouragement to bad Rumors of us; so that in all places they are spread, and industriously propagated as well amongst them that know us, as them that know us not, the first being fed with jealousies that there is more in our designs then appeares, that there is something of danger in the bottom of our hearts, not yet discovered: that we are driven on by others, that we are even discontented and irresolved, that no body yet knowes what we would have, or where our desires will end; whilst they that know us not are made believe any strange conceit of us, that we would Levell all mens estates, that we would have no distinction of Orders and Dignities amongst men, that we are indeed for no government, but a Popular confusion; and then againe that we have bin Agents for the King, and now for the Queen; That we are Atheists, Antiscripturists, jesuites and indeed any thing, that is hatefull and of evill repute amongst men.
All which we could without observance pass over, remembring what is promised to be the Portion of good men, were the damage only personall, but since the ends of such Rumors are purposely to make us uselesse and unserviceable to the Common-wealth, we are necessitated to open our breasts and shew the world our insides, for removing of those scandalls that lye upon us, and likewise for manifesting plainly and particularly what our desires are, and in what we will center and acquiess: all which we shall present to publike view and consideration, not pertinatiously or Magisterially, as concluding other mens judgements, but manifesting our own, for our further vindication, and for the procuring of a Bond and lasting establishment for the Commonwealth.
First, Then it will be requisite that we express our selves concerning Levelling, for which we suppose is commonly meant an equalling of mens estates, and taking away the proper right and Title that every man has to what is his own. This as we have formerly declared against, particularly in our petition of the 11 of Sept. so do we again professe that to attempt an inducing the same is most injurious, unlesse there did precede an universall assent thereunto from all and every one of the People. Nor doe we, under favour, judge it within the Power of a Representative it selfe, because although their power is supreame, yet it is but deputative and of trust, and consequently must be restrained expresly or tacitely, to some particulars essential as well to the Peoples safety and freedom as to the present Government.
The Community amongst the primitive Christians, was Voluntary, not Coactive; they brought their goods and laid them at the Apostles feet, they were not enjoyned to bring them, it was the effect of their Charity and heavenly mindednesse, which the blessed Apostles begot in them, and not the Injunction of any Constitution, which as it was but for a short time done, and in but two or three places, that the Scripture makes mention of, so does the very doing of it there and the Apostles answer to him that detained a part, imply that it was not esteemed a duty, but reckoned a voluntary act occasioned by the abundant measure of faith that was in those Christians and Apostles.
We profess therefore that we never had it in our thoughts to Level mens estates, it being the utmost of our aime that the Commonwealth be reduced to such a passe that every man may with as much security as may be enjoy his propriety.
We know very well that in all Ages those men that engage themselves against Tyranny, unjust and Arbitrary proceedings in Magistrats, have suffered under such appellations, the People being purposely frighted from that wich is good by insinuations of imaginary evill.
But be it so, we must notwithstanding discharge our Duties, which being performed, the successe is in Gods hand to whose good pleasure we must leave the cleering of mens spirits, our only certainty being Tranquillity of mind, and peace of Conscience.
For distinction of Orders and Dignities, We think them so far needfull, as they are animosities of vertue, or requisite for the maintenance of the Magistracy and Government, we thinke they were never intended for the nourishment of Ambition, or subjugation of the People but only to preserve the due respect and obedience in the People which is necessary for the better execution of the Laws.
That we are for Government and against Popular Confusion, we conceive all our actions declare, when rightly considered, our aim having bin all along to reduce it as near as might be to perfection, and certainly we know very well the pravity and corruption of mans heart is such that there could be no living without it; and that though Tyranny is so excessively bad, yet of the two extreames, Confusion is the worst: Tis somewhat a strange consequence to infer that because we have laboured so earnestly for a good Government, therefore we would have none at all, Because we would have the dead and exorbitant Branches pruned, and better sciOns grafted, therefore we would pluck the Tree up by the roots.
Yet thus have we been misconceived, and misrepresented to the world, under which we must suffer, till God sees it fitting in his good time to cleer such harsh mistakes, by which many, even good men keep a distance from us.
For those weake suppositions of some of us being Agents for the King or Queen, we think it needful to say no more but this, That though we have not bin any way violent against the persons of them, or their Partie, as having aimed at the conversion of all, and the destruction of none, yet doe we verily beleeve that those Principles and Maxims of Government which are most fundamentally opposite to the Prerogative, and the Kings interest, take their first rise and originall from us, many whereof though at first startled at, and disown’d by those that professed the greatest opposition to him, have yet since been taken up by them and put in practise: and this we think is sufficient, though much more might be said to cleer us from any Agency for that Party.
It is likewise suggested that we are acted by others, who have other ends then appear to us; we answer, That that cannot be, since every thing has its rise amongst our selves, and since those things we bring to light cannot conduce to the ends of any but the publike weale of the Nation.
All our Desires, Petitions and Papers are directly opposite to all corrupt Interests; nor have any credit with us but persons well known, and of certain aboads, and such as have given sound and undeniable testimonies of the truth of their affection to their Country: Besides, the things we promote, are not good onely in appearance, but sensibly so: not moulded nor contrived by the subtill or politick Principles of the World, but plainly produced and nakedly sent, without any insinuating arts, relying wholly upon the apparent and universall beleefe they carry in themselves; and that is it which convinces and engages us in the promotion thereof. So that that suggestion has not indeed any foundation in it self, but is purposely framed, as we conceive, to make us afraid one of another, and to disable us in the promotion of those good things that tend to the freedom and happinesse of the Common-wealth. For our being Jesuits, either in Order or Principles, as ’tis severally reported of us; Though the easiest Negative is hardly proved; yet we can say, That those on whom the first is principally fix’d, are married, and were never over Sea: and we think Marriage is never dispenc’d withall in that Order, and that none can be admitted into the Order but such as are personally present. ’Tis hard that we are put to expresse thus much; and haply we might better passe such reports over in silence; but that we beleeve the very mentioning of them publickly, will be an answer to them, and make such as foment them asham’d of such generally condemned wayes of discrediting and blasting the Reputation of other men. For the principles of Jesuits, we professe we know not what they are; but they are generally said to be full of craft and worldly policy; and therefore exceedingly different from that plainness and simplicity that is apparently visible in all our proceedings.
Whereas its said, we are Atheists and Antiscripturists, we professe that we beleeve there is one eternall and omnipotent God, the Author and Preserver of all things in the world. To whose will and directions, written first in our hearts, and afterwards in his blessed Word, we ought to square our actions and conversations. And though we are not so strict upon the formall and Ceremonial part of his Service, the method, manner, and personall injunction being not so clearly made out unto us, nor the necessary requisites which his Officers and Ministers ought to be furnished withall as yet appearing to us in any that pretend thereunto: yet for the manifestation of Gods love in Christ, it is cleerly assented unto by us; and the practicall and most reall part of Religion is as readily submitted unto by us, as being, in our apprehensions, the most eminent and the most excellent in the world, and as proceeding from no other but that God who is Goodnesse it self: and we humbly desire his Majesty daily more and more to conform our hearts to a willing and sincere obedience thereunto.
For our not being preferred to Offices and Places of profit and credit, which is urged to be the ground of our dissatisfaction, we say, That although we know no reason why we should not be equally capable of them with other men, nor why our publick Affection should be any barr or hinderance thereunto: Yet on the other side, we suppose we can truly say of our selves, that we have not been so earnest and solicitous after them as others: and that in the Catalogue of Sutors, very few that are reckoned of us, are to be found. We are very sorry that so general a change of Officers is proposed, which we judge of no small disparagement to our Cause; and do think it best, that in removals of that kinde, the ground should not be difference in opinion, either in Religious or Civil Matters, but corruption or breach of Trust; considering the misery which befalls whole Families upon such Changes; and that discontents are thereby increased: Whereas we hold it necessary that all wayes of composure and acquieting those storms which the preceeding differences and distractions have begotten, be with utmost care and prudence endeavoured.
And whereas ’tis urged, That if we were in power, we would bear our selves as Tyrannically as others have done: We confess indeed, that the experimentall defections of so many men as have succeeded in Authority, and the exceeding difference we have hitherto found in the same men in a low, and in an exalted condition, makes us even mistrust our own hearts, and hardly beleeve our own Resolutions of the contrary. And therefore we have proposed such an Establishment, as supposing men to be too flexible and yeelding to worldly Temptations, they should not yet have a means or opportunity either to injure particulars, or prejudice the Publick, without extreme hazard, and apparent danger to themselves. Besides, to the objection we have further to say, That we aim not at power in our selves, our Principles and Desires being in no measure of self-concernment: nor do we relie for obtaining the same upon strength, or a forcible obstruction; but solely upon that inbred and perswasive power that is in all good and just things, to make their own way in the hearts of men, and so to procure their own Establishment.
And that makes us at this time naked and defencelesse as we are, and amidst so many discouragements on all hands to persevere in our motions and desires of good to the Nation; although disowned therein at such a time when the doing thereof can be interpreted no other but a politick delivering us up to slaughter, by such as we took for Friends, our brethren of severall Churches; and for whom with truth of affection we have even in the most difficult times done many Services: all which, and whatsoever else can be done against us, we shall reckon but as badges of our sincerity, and be no whit discouraged thereby from the discharge of our duties.
For the dissatisfactions that be upon many good mens spirits, for that they are not ascertained whereunto all our motions tend, and in what they will center.
Though, we conceive, they may have received some general satisfaction from what we have formerly at severall times propounded; yet since they were not disposed into such a form and condition as to become practicable; we have, with the best care and abilities God hath afforded us, cast the same into a Modell and Platform, which we shall speedily present unto the view and consideration of all, as the Standard and ultimate scope of our Designes, that so (in case of approvall) it may be subscribed and returned as agreed upon by the People. And thus far, we conceive, we may without offence or prejudice to Authority, proceed; and which we the rather do, because we know no better, and indeed no other way or means (but by such an Agreement) to remove (as much as may be) all disgusts and heart-burnings, and to settle the Common-wealth upon the fairest probabilities of a lasting Peace, and contentfull Establishment.
The Agreement of the People which was presented by his Excellency and the Officers of the Army to the Right Honourable the Commons, in Parliament, although in many things short (according to our apprehensions) of what is necessary for the good of the Commonwealth, and satisfaction of the People; particularly, in that it containeth no provision for the certain removall of notorious and generally complained of grievances: And although it hath some things of much hazard to the Publick,—yet, had it been put in execution, we should scarcely have interrupted the proceedings thereof, since therein is contained many things of great and important concernment to the Common-wealth. But seeing the time proposed therein for reducing the same into practice, is now past, and that likewise the generality of the people have not, or do not approve of the same, for the reasons (as we suppose) fore-mentioned: We have thought fit to revise it, making onely such alterations therein as we conceive really necessary for the welfare, security and safety of the People, together with additionall Provisions for the taking away of those Burdens and Grievances which may without reall prejudice to the Management of publick Affairs be removed.
And because it is essentiall to the nature of such an Agreement to take its rise from the People, we have therefore purposely declined the presentment thereof to the Parliament: and conceive it may speedily proceed to Subscription, and so to further practice, without any interruption to this Representative, untill the season prefix’d in the Agreement, for the assembling another: By whose immediate succession, without any intervall, the Affairs of the Common-wealth may suffer no stop or intermission.
Lastly, We conceive we are much mistaken in being judged impatient, and over-violent in our motions for the publick Good. To which we answer, That could we have had any assurance that what is desired should have otherwise, or by any have been done; and had not had some taste of the relinquishment of many good things that were promised, we should not have been so earnest and urgent for the doing thereof.
Though we know likewise it hath been very customary in such heretofore as never intended any freedom to the Nation, to except only against the season, and to protract the time so long, till they became sufficiently impowred to justifie the totall denyall and refusall thereof. However, the main reason of our proceeding as we do, is, because we prefer the way of a settlement by an Agreement of the People before any other whatsoever.
And thus the world may clearly see what we are, and what we aym at: We are altogether ignorant, and do from our hearts abominate all designes and contrivances of dangerous consequence which we are said (but God knows, untruly) to be labouring withall. Peace and Freedom is our Designe; by War we were never gainers, nor ever wish to be; and under bondage we have been hitherto sufferers. We desire however, that what is past may be forgotten, provided the Common wealth may have amends made it for the time to come. And this from our soul we desire.
Having no mens persons in hatred, and judging it needfull that all other respects whatsoever are to give way to the good of the Common-wealth, and this is the very truth and inside of our hearts.
T.174 (6.26) Gerrard Winstanley, et al., The True Levellers Standard Advanced (1649).↩
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ID NumberT.174 [1649.04.20] (6.26) Gerrard Winstanley, et al., The True Levellers Standard Advanced (20 April, 1649).
Full titleWilliam Everard and Gerrard Winstanley, The True Levellers Standard Advanced:
or, The State of Community opened, and Presented to the Sons of Men. By William
Everard, Iohn Palmer, Iohn South, Iohn Courton. William Taylor, Christopher
Clifford, Iohn Barker. Gerrard Winstanley, Richard Goodgroome, Thomas Starre,
William Hoggrill, Robert Sawyer, Thomas Eder, Henry Bickerstaffe, Iohn Taylor, &c.
Beginning to Plant and Manure the Waste land upon George-Hill, in the Parish
of Walton, in the County of Surrey.
London, Printed in the Yeer, MDCXLIX.
1649 (no month specified. TT lists it as 26 April 1650.
Thomason Tracts Catalog informationTT1, p. 794; Thomason E. 552. (5.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet (Introduction only)
To all my fellow Creatures that shall view these ensuing Lines.
The God of this world blinding the eyes of the men of the world, have taken possession of them and their Lives, Rules and Raigns, and in a high measure opposeth the everlasting spirit, the King of Righteousness; both in them, and on the world Creation, bending all its Wit and power to destroy this spirit, and the persons in whom it lives, rules and governs; making Lawes under specious pretences, yea and penalties too, that all Nations, Tongues, and Languages, shall fall down and worship this god, become subject, yea in slavery to it, and to the men in whom it dwells: But the god of this world is Pride and Covetousness, the roots of all Evil, from whence flowes all the Wickedness that is acted under the Sun, as Malice, Tyranny, Lording over, and despising their fellow Creatures, killing and destroying those that will not, or cannot become subject to their Tyranny, to uphold their Lordly Power, Pride, and Covetousness.
I have had some Conversation with the Authour of this ensuing Declaration, and the Persons subscribing, and by experience find them sweetly acted and guided by the everlasting spirit, the Prince of Peace, to walk in the paths of Righteousness, not daring to venture upon any acts of injustice, but endeavouring to do unto all, as they would have done to them, having Peace and Joy in themselves, knit together and united in one spirit of glory and Truth: Love to their fallen Creatures, Contention with Food and Rayment, shewing much Humility and Meekness of spirit; such as these shall be partakers of the Promise.
Blessed are the Meek, for they shall inherit the Earth.
Secondly, for this action of theirs, in labouring to Manure the wast places of the Earth, it is an action full of Injustice and Righteousness, full of love and Charity to their fellow Creatures; nothing of the god of this world, Pride and covetousness seen in it, no self-seeking, or glorying in the Flesh.
Vouchsafe to reade, or view over these ensuing Lines ye Powers of the Earth; Oh that Reason might sit upon the throne of your hearts as Judge; I am confident there is nothing written in anger or hatred to your persons, but in love to them as fellow Creatures; but against that which have bound up your own Spirits in slavery; if you could speak impartially, your own Consciences can bear me witnesse, and only bears sway in your forcing you to exercise Tyranny, scourging and trampling under foot your fellow Creatures, especially those whose eyes are opened and can cleerly discover the great Devil, Tyranny, Pride, and Covetousnesse working to and fro upon your spirits, and raigning in you, which will prove your own destruction: The angels that kept not their first Estate, are reserved under Chains of darknesse unto the Judgement of the great day.
The whole Creation are the Angels of the everlasting Spirit of Righteousnesse, they are all ministring spirits, speaking every Creature in its kind the Will of the Father. The Chariots of God are 20000 thousands of angels, Psal. &c.
But yee great ones of the Earth, the Powers of this world, yee are the Angels that kept not your first estate, and now remain under Chains of darknesse: Your first Estate was Innocency and Equallity with your fellow Creatures, but your Lordly power over them, both Persons and consciences, your proud fleshly imaginations, lofty thoughts of your selves, are the fruits of darknesse which you are kept under: The whole Creation groaneth and is in bondage, even until now, waiting for deliverance, and must wait till he that with-holdeth be taken away, that man is sin, that Antichrist which sits in the throne, in the hearts of the men of this world, the Powers of the Earth, above all that is called God.
I know you have high thoughts of your selves, think you know much, and see much, but the Light that is in you is Darknesse; and how great is that darknesse? They that live in the light of the Spirit can discover that to be the blacknesse of darknesse which you count light. And truly, a great light, a bright Morning Star which will flourish and spread it self, shining in Darknesse, and darknesse shall not be able to comprehend it, though you Spurn never so much against it.
I expect nothing but opposition, mockings, deridings from Lord Esau the man of Flesh: I know it will be counted in the eye of Flesh, a foolish undertaking, an object of scorn and laughter; but in this is their Comfort and incouragement, That the power of Life and Light, the Spirit by whom they are commanded, will carry them on, strengthen and support them, rescuing them from the Jaw of the Lyon and Paw of the Bear; For great is the work which will shortly be done upon the Earth. Despite not Visions, Voyces and Revelations; examine the Scriptures, Prophesies are now fulfilling; be not like Josephs Bretheren, speak not evil of things you know not: for whatsoever is of God will stand, do what you can, though you may crush it for a time, the time is neer expired it will spring up again and flourish like a green Bay tree: What is not of the Father will fall to the ground, though you bend all your wit, power and policy to keep it up; but of that will be no Resurrection. That the eternal Spirit may enlighten you, that Reason may dwel in you, and act accordingly, is the desire of your Loving Friend, and Fellow Creature,
Full text - Introdudtion and Text: The True Levellers Standard ADVANCED: OR, The State of Community opened, and Presented to the Sons of Men.
By
- William Everard,
- Iohn Palmer,
- Iohn South,
- Iohn Courton.
- William Taylor,
- Christopher Clifford,
- Iohn Barker.
- Ferrard Winstanley,
- Richard Goodgroome,
- Thomas Starre,
- William Hoggrill,
- Robert Sawyer,
- Thomas Eder,
- Henry Bickerstaffe,
- Iohn Taylor, &c.
Beginning to Plant and Manure the Waste land upon George-Hill, in the Parish of Walton, in the County of Surrey.
LONDON, Printed in the Yeer, MDCXLIX.
Introduction by John Tayler (20 April, 1649): To all my fellow Creatures that shall view these ensuing Lines.
THE God of this world blinding the eyes of the men of the world, have taken possession of them and their Lives, Rules and Raigns, and in a high measure opposeth the everlasting spirit, the King of Righteousness; both in them, and on the whole Creation, bending all its wit and power to destroy this spirit, and the persons in whom it lives, rules and governs; making Lawes under specious pretences, yea and penalties too, that all Nations, Tongues, and Languages, shall fall down and worship this god, become subject, yea in slavery to it, and to the men in whom it dwels: But the god of this world is Pride and Covetousness, the rootes of all Evil, from whence flowes all the wickedness that is acted under the Sun, as Malice, Tyranny, Lording over, and despising their fellow Creatures, killing and destroying those that will not, or cannot become subject to their Tyranny, to uphold their Lordly Power, Pride, and Covetousness.
I have had some Conversation with the Author of this ensuing Declaration, and the Persons Subscribing, and by experience find them sweetly acted and guided by the everlasting spirit, the Prince of Peace, to walk in the paths of Righteousness, not daring to venture upon any acts of injustice; but endeavouring to do unto all, as they would have done to them, having Peace and Joy in themselves, knit together and united in one Spirit of Glory and Truth, Love to their fellow Creatures, Contentation with Food and Rayment, shewing much Humility and Meekness of spirit; such as these shall be partakers of the Promise.
Blessed are the Meek, for they shall inherit the Earth.
Secondly, For this action of theirs, in labouring to Manure the wast places of the Earth, it is an action full of Iustice and Righteousnesse, full of Love and Charity to their fellow Creatures; nothing of the god of this world, Pride and Covetousnesse seen in it, no self-seeking, or glorying in the Flesh.
Vouchsafe to reade, or view over these ensuing Lines yee Powers of the Earth; Oh that Reason might sit upon the throne of your hearts as Iudge; I am confident there is nothing written in anger or hatred to your persons, but in love to them as fellow Creatures; but against that which have bound up your own Spirits in slavery; if you could speak impartially, your own Consciences can bear me witnesse, and only bears sway in your forcing you to exercise Tyranny, scourging and trampling under foot your fellow Creatures, especially those whose eyes are opened and can cleerly discover the great Devil, Tyranny, Pride, and Covetousnesse working to and fro upon your Spirits, and raigning in you, which will prove your own destruction: The Angels that kept not their first Estate, are reserved under Chains of darknesse unto the Iudgment of the great day.
The whole Creation are the Angels of the everlasting Spirit of Righteousnesse, they are all ministring spirits, speaking every Creature in its kind the Will of the Father. The Chariots of God are 20000 thousands of Angels, Psal. &c.
But yee the great ones of the Earth, the Powers of this world, yee are the Angels that kept not your first estate, and now remain under Chains of darknesse: Your first Estate was Innocency and Equallity with your fellow Creatures, but your Lordly power over them, both Persons and Consciences, your proud fleshly imaginations, lofty thoughts of your selves, are the fruits of darknesse which you are kept under: The whole Creation groaneth and is in bondage, even until now, waiting for deliverance, and must wait till he that with-holdeth be taken away, that man of sin, that Antichrist which sits in the throne, in the hearts of the men of this world, the Powers of the Earth, above all that is called God.
I know you have high thoughts of your selves, think you know much, and see much, but the Light that is in you is Darknesse; and how great is that darknesse? They that live in the light of the Spirit can discover that to be the blacknesse of darknesse which you count light. And truly, a great Light, a bright Morning Star which will flourish and spread it self, shining in Darknesse, and darknesse shall not be able to comprehend it, though you Spurn never so much against it.I expect nothing but opposition, mockings, deridings from Lord Esau the man of Flesh: I know it will be counted in the eye of Flesh, a foolish undertaking, an object of scorn and laughter; but in this is their Comfort and incouragement, That the power of Life and Light, the Spirit by whom they are commanded, will carry them on, strengthen and support them, rescuing them from the Jaw of the Lyon and Paw of the Bear; For great is the work which will shortly be done upon the Earth. Despise not Visions, Voyces and Revelations; examine the Scriptures, Prophesies are now fulfilling; be not like Josephs Brethren, speak not evil of things you know not: For whatsoever is of God will stand, do what you can, though you may crush it for a time, the time is neer expired it will spring up again and flourish like a green Bay tree: What is not of the Father will fall to the ground, though you bend all your wit, power and policy to keep it up; but of that will be no Resurrection. That the eternal Spirit may enlighten you, that Reason may dwel in you, and act accordingly, is the desire of your Loving Friend, and Fellow Creature,
JOHN TAYLOR. April 20, 1649. Text: A Declaration to the Powers of England, and to all the Powers of the World, Shewing the Cause why the Common People of England have begun, and gives Consent to Digge up, Manure, and Sowe Corn upon George-Hill in Surrey; by those that have Subscribed, and thousands more that gives Consent.In the beginning of Time, the great Creator Reason, made the Earth to be a Common Treasury, to preserve Beasts, Birds, Fishes, and Man, the lord that was to govern this Creation; for Man had Domination given to him, over the Beasts, Birds, and Fishes; but not one word was spoken in the beginning, That one branch of mankind should rule over another.
And the Reason is this, Every single man, Male and Female, is a perfect Creature of himself; and the same Spirit that made the Globe, dwels in man to govern the Globe; so that the flesh of man being subject to Reason, his Maker, hath him to be his Teacher and Ruler within himself, therefore needs not run abroad after any Teacher and Ruler without him, for he needs not that any man should teach him, for the same Anoynting that ruled in the Son of man, teacheth him all things.
But since humane flesh (that king of Beasts) began to delight himself in the objects of the Creation, more then in the Spirit Reason and Righteousness, who manifests himself to be the indweller in the Five Sences, of Hearing, Seeing, Tasting, Smelling, Feeling; then he fell into blindness of mind and weakness of heart, and runs abroad for a Teacher and Ruler: And so selfish imaginations taking possession of the Five Sences, and ruling as King in the room of Reason therein, and working with Covetousnesse, did set up one man to teach and rule over another; and thereby the Spirit was killed, and man was brought into bondage, and became a greater Slave to such of his own kind, then the Beasts of the field were to him.
And hereupon, The Earth (which was made to be a Common Treasury of relief for all, both Beasts and Men) was hedged in to In-closures by the teachers and rulers, and the others were made Servants and Slaves: And that Earth that is within this Creation made a Common Store-house for all, is bought and sold, and kept in the hands of a few, whereby the great Creator is mightily dishonored, as if he were a respector of persons, delighting in the comfortable Livelihood of some, and rejoycing in the miserable povertie and straits of others. From the beginning it was not so.
But this coming in of Bondage, is called A-dam, because this ruling and teaching power without, doth dam up the Spirit of Peace and Liberty; First within the heart, by filling it with slavish fears of others. Secondly without, by giving the bodies of one to be imprisoned, punished and oppressed by the outward power of another. And this evil was brought upon us through his own Covetousnesse, whereby he is blinded and made weak, and sees not the Law of Righteousnesse in his heart, which is the pure light of Reason, but looks abroad for it, and thereby the Creation is cast under bondage and curse, and the Creator is sleighted; First by the Teachers and Rulers that sets themselves down in the Spirits room, to teach and rule, where he himself is only King. Secondly by the other, that refuses the Spirit, to be taught and governed by fellow Creatures, and this was called Israels Sin, in casting off the Lord, and chusing Saul, one like themselves to be their King, when as they had the same Spirit of Reason and government in themselves, as he had, if they were but subject. And Israels rejecting of outward teachers and rulers to embrace the Lord, and to be all taught and ruled by that righteous King, that Jeremiah Prophesied shall rule in the new Heavens and new Earth in the latter dayes, will be their Restauration from bondage, Ier. 23.5, 6.
But for the present state of the old World that is running up like parchment in the fire, and wearing away, we see proud Imaginary flesh, which is the wise Serpent, rises up in flesh and gets dominion in some to rule over others, and so forces one part of the Creation man, to be a slave to another; and thereby the Spirit is killed in both. The one looks upon himself as a teacher and ruler, and so is lifted up in pride over his fellow Creature: The other looks upon himself as imperfect, and so is dejected in his Spirit, and looks upon his fellow Creature of his own Image, as a Lord above him.
And thus Esau, the man of flesh, which is Covetousness and Pride, hath killed Jacob, the Spirit of meeknesse, and righteous government in the light of Reason, and rules over him: And so the Earth that was made a common Treasury for all to live comfortably upon, is become through mans unrighteous actions one over another, to be a place, wherein one torments another.
Now the great Creator, who is the Spirit Reason, suffered himself thus to be rejected, and troden under foot by the covetous proud flesh, for a certain time limited; therefore saith he, The Seed out of whom the Creation did proceed, which is my Self, shall bruise this Serpents head, and restore my Creation again from this curse and bondage; and when I the King of Righteousnesse raigns in every man, I will be the blessing of the Earth, and the joy of all Nations.
And since the coming in of the stoppage, or the A-dam the Earth hath been inclosed and given to the Elder brother Esau, or man of flesh, and hath been bought and sold from one to another; and Iacob, or the yonger brother, that is to succeed or come forth next, who is the universal spreading power of righteousnesse that gives liberty to the whole Creation, is made a servant.
And this Elder Son, or man of bondage, hath held the Earth in bondage to himself, not by a meek Law of Righteousnesse, But by subtle selfish Councels, and by open and violent force; for wherefore is it that there is such Wars and rumours of Wars in the Nations of the Earth? and wherefore are men so mad to destroy one another? But only to uphold Civil propriety of Honor, Dominion and Riches one over another, which is the curse the Creation groans under, waiting for deliverance.
But when once the Earth becomes a Common Treasury again, as it must, for all the Prophesies of Scriptures and Reason are Circled here in this Community, and mankind must have the Law of Righteousnesse once more writ in his heart, and all must be made of one heart, and one mind.Then this Enmity in all Lands will cease, for none shall dare to seek a Dominion over others, neither shall any dare to kill another, nor desire more of the Earth then another; for he that will rule over, imprison, oppresse, and kill his fellow Creatures, under what pretence soever, is a destroyer of the Creation, and an actor of the Curse, and walks contrary to the rule of righteousnesse: (Do, as you would have others do to you; and love your Enemies, not in Words, but in actions).
Therefore you powers of the Earth, or Lord Esau, the Elder brother, because you have appeared to rule the Creation, first take notice, That the power that sets you to work, is selvish Covetousnes, and an aspiring Pride, to live in glory and ease over Iacob, the meek Spirit; that is, the Seed that lies hid, in & among the poor Common People, or yonger Brother, out of whom the blessing of Deliverance is to rise and spring up to all Nations.
And Reason, the living king of righteousnesse, doth only look on, and lets thee alone, That whereas thou counts thy self an Angel of Light, thou shalt appear in the light of the Sun, to be a Devil, A-dam, and the Curse that the Creation groans under; and the time is now come for thy downfal, and Iacob must rise, who is the universal Spirit of love and righteousnesse, that fils, and will fill all the Earth.
Thou teaching and ruling power of flesh, thou hast had three periods of time, to vaunt thy self over thy Brother; the first was from the time of thy coming in, called A-dam, or a stop-age, till Moses came; and there thou that wast a self-lover in Cain, killed thy brother Abel, a plain-hearted man that loved righteousnesse: And thou by thy wisdom and beastly government, made the whole Earth to stinck, till Noah came, which was a time of the world, like the coming in of the watery Seed into the womb, towards the bringing forth of the man child.
And from Noah till Moses came, thou still hast ruled in vaunting, pride, and cruel oppression; Ishmael against Isaac, Esau against Iacob; for thou hast still been the man of flesh that hath ever persecuted the man of righteousnesse, the Spirit Reason.
And Secondly, From Moses till the Son of Man came, which was a time of the world, that the man child could not speak like a man, but lisping, making signs to shew his meaning; as we see many Creatures that cannot speak do. For Moses Law was a Language lapped up in Types, Sacrifices, Forms, and Customs, which was a weak time. And in this time likewise, O thou teaching and ruling power, thou wast an oppressor; for look into Scriptures and see if Aaron and the Priests were not the first that deceived the people; and the Rulers, as Kings and Governors, were continually the Ocean-head, out of whose power, Burdens, Oppressions, and Poverty did flow out upon the Earth: and these two Powers still hath been the Curse, that hath led the Earth, mankind, into confusion and death by their imaginary and selvish teaching and ruling, and it could be no otherwise; for while man looks upon himself, as an imperfect Creation, and seeks and runs abroad for a teacher and a ruler, he is all this time a stranger to the Spirit that is within himself.
But though the Earth hath been generally thus in darknesse, since the A-dam rise up, and hath owned a Light, and a Law without them to walk by, yet some have been found as watchmen, in this night time of the world, that have been taught by the Spirit within them, and not by any flesh without them, as Abraham, Isaac, Iacob, and the Prophets: And these, and such as these, have still been the Butt, at whom, the powers of the Earth in all ages of the world, by their selvish Laws, have shot their fury.
And then Thirdly from the time of the Son of man, which was a time that the man-child began to speak like a child growing upward to manhood, till now, that the Spirit is rising up in strength. O thou teaching and ruling power of the earthy man, thou hast been an oppressor, by imprisonment, impoverishing, and martyrdom; and all thy power and wit, hath been to make Laws, and execute them against such as stand for universal Liberty, which is the rising up of Iacob; as by those ancient enslaving Laws not yet blotted out, but held up as weapons against the man-child.
O thou Powers of England, though thou hast promised to make this People a Free People, yet thou hast so handled the matter, through thy self-seeking humour, That thou hast wrapped us up more in bondage, and oppression lies heavier upon us; not only bringing thy fellow Creatures, the Commoners, to a morsel of Bread, but by confounding all sorts of people by thy Government, of doing and undoing.First, Thou hast made the people to take a Covenant and Oaths to endeavour a Reformation, and to bring in Liberty every man in his place; and yet while a man is in pursuing of that Covenant, he is imprisoned and oppressed by thy Officers, Courts, and Justices, so called.
Thou hast made Ordinances to cast down Oppressing, Popish, Episcopal, Self-willed and Prerogative Laws; yet we see, That Self-wil and Prerogative power, is the great standing Law, that rules all in action, and others in words.
Thou hast made many promises and protestations to make the Land a Free Nation: And yet at this very day, the same people, to whom thou hast made such Protestations of Liberty, are oppressed by thy Courts, Sizes, Sessions, by thy Justices and Clarks of the Peace, so called, Bayliffs, Committees, are imprisoned, and forced to spend that bread, that should save their lives from Famine.
And all this, Because they stand to maintain an universal Liberty and Freedom, which not only is our Birthright, which our Maker gave us, but which thou hast promised to restore unto us, from under the former oppressing Powers that are gone before, and which likewise we have bought with our Money, in Taxes, Free-quarter, and Bloud-shed; all which Sums thou hast received at our hands, and yet thou hast not given us our bargain.
O thou A-dam, thou Esau, thou Cain, thou Hypocritical man of flesh, when wilt thou cease to kill thy yonger Brother? Surely thou must not do this great Work of advancing the Creation out of Bondage; for thou art lost extremely, and drowned in the Sea of Covetousnesse, Pride, and hardness of heart. The blessing shall rise out of the dust which thou treadest under foot, Even the poor despised People, and they shall hold up Salvation to this Land, and to all Lands, and thou shalt be ashamed.
Our Bodies as yet are in thy hand, our Spirit waits in quiet and peace, upon our Father for Deliverance; and if he give our Bloud into thy hand, for thee to spill, know this, That he is our Almighty Captain: And if some of you will not dare to shed your bloud, to maintain Tyranny and Oppression upon the Creation, know this, That our Bloud and Life shall not be unwilling to be delivered up in meekness to maintain universal Liberty, that so the Curse on our part may be taken off the Creation.
And we shall not do this by force of Arms, we abhorre it, For that is the work of the Midianites to kill one another; But by obeying the Lord of Hosts, who hath Revealed himself in us, and to us, by labouring the Earth in righteousness together, to eate our bread with the sweat of our brows, neither giving hire, nor taking hire, but working together, and eating together, as one man, or as one house of Israel restored from Bondage; and so by the power of Reason, the Law of righteousness in us, we endeavour to lift up the Creation from that bondage of Civil Propriety, which it groans under.
We are made to hold forth this Declaration to you that are the Great Councel, and to you the Great Army of the Land of England, that you may know what we would have, and what you are bound to give us by your Covenants and Promises; and that you may joyn with us in this Work, and so find Peace. Or else, if you do oppose us, we have peace in our Work, and in declaring this Report: And you shall be left without excuse.
The Work we are going about is this, To dig up Georges-Hill and the waste Ground thereabouts, and to Sow Corn, and to eat our bread together by the sweat of our brows.
And the First Reason is this, That we may work in righteousness, and lay the Foundation of making the Earth a Common Treasury for All, both Rich and Poor, That every one that is born in the Land, may be fed by the Earth his Mother that brought him forth, according to the Reason that rules in the Creation. Not Inclosing any part into any particular hand, but all as one man, working together, and feeding together as Sons of one Father, members of one Family; not one Lording over another, but all looking upon each other, as equals in the Creation; so that our Maker may be glorified in the work of his own hands, and that every one may see, he is no respecter of Persons, but equally loves his whole Creation, and hates nothing but the Serpent, which is Covetousness, branching forth into selvish Imagination, Pride, Envie, Hypocrisie, Vncleanness; all seeking the ease and honor of flesh, and fighting against the Spirit Reason that made the Creation; for that is the Corruption, the Curse, the Devil, the Father of Lies; Death and Bondage that Serpent and Dragon that the Creation is to be delivered from.
And we are moved hereunto for that Reason, and others which hath been shewed us, both by Vision, Voyce, and Revelation.
For it is shewed us, That so long as we, or any other, doth own the Earth to be the peculier Interest of Lords and Landlords, and not common to others as well as them, we own the Curse, and holds the Creation under bondage; and so long as we or any other doth own Landlords and Tennants, for one to call the Land his, or another to hire it of him, or for one to give hire, and for another to work for hire; this is to dishonour the work of Creation; as if the righteous Creator should have respect to persons, and therefore made the Earth for some, and not for all: And so long as we, or any other maintain this Civil Propriety, we consent still to hold the Creation down under that bondage it groans under, and so we should hinder the work of Restoration, and sin against Light, that is given into us, and so through the fear of the flesh man, lose our peace.
And that this Civil Propriety is the Curse, is manifest thus, Those that Buy and Sell Land, and are landlords, have got it either by Oppression, or Murther, or Theft; and all landlords lives in the breach of the Seventh and Eighth Commandements, Thou shalt not steal, nor kill.
First by their Oppression. They have by their subtle imaginary and covetous wit, got the plain-hearted poor, or yonger Brethren to work for them, for small wages, and by their work have got a great increase; for the poor by their labour lifts up Tyrants to rule over them; or else by their covetous wit, they have out-reached the plain-hearted in Buying and Selling, and thereby inriched themselves, but impoverished others: or else by their subtile wit, having been a lifter up into places of Trust, have inforced people to pay Money for a Publick use, but have divided much of it into their private purses; and so have got it by Oppression.
Then Secondly for Murther; They have by subtile wit and power, pretended to preserve a people in safety by the power of the Sword; and what by large Pay, much Free-quarter, and other Booties, which they call their own, they get much Monies, and with this they buy Land, and become landlords; and if once Landlords, then they rise to be Justices, Rulers, and State Governours, as experience shewes: But all this is but a bloudy and subtile Theevery, countenanced by a Law that Covetousness made; and is a breach of the Seventh Commandement, Thou shalt not kill.
And likewise Thirdly a breach of the Eighth Commandement, Thou shalt not steal; but these landlords have thus stoln the Earth from their fellow Creatures, that have an equal share with them, by the Law of Reason and Creation, as well as they.
And such as these rise up to be rich in the objects of the Earth; then by their plausible words of flattery to the plain-hearted people, whom they deceive, and that lies under confusion and blindness: They are lifted up to be Teachers, Rulers, and Law makers over them that lifted them up; as if the Earth were made peculiarly for them, and not for others weal: If you cast your eye a little backward, you shall see, That this outward Teaching and Ruling power, is the Babylonish yoke laid upon Israel of old, under Nebuchadnezzar; and so Successively from that time, the Conquering Enemy, have still laid these yokes upon Israel to keep Jacob down: And the last enslaving Conquest which the Enemy got over Israel, was the Norman over England; and from that time, Kings, Lords, Judges, Justices, Bayliffs, and the violent bitter people that are Free-holders, are and have been Successively. The Norman Bastard William himself, his Colonels, Captains, inferiour Officers, and Common Souldiers, who still are from that time to this day in pursuite of that victory, Imprisoning, Robbing, and killing the poor enslaved English Israelites.
And this appears cleer, For when any Trustee or State Officer is to be Chosen, The Free-holders or Landlords must be the Chusers, who are the Norman Common Souldiers, spred abroad in the Land; And who must be Chosen? but some very rich man, who is the Successor of the Norman Colonels or high Officers. And to what end have they been thus Chosen? but to Establish that Norman power the more forcibly over the enslaved English, and to beat them down again, when as they gather heart to seek for Liberty.For what are all those Binding and Restraining Laws that have been made from one Age to another since that Conquest, and are still upheld by Furie over the People? I say, What are they? but the Cords, Bands, Manacles, and Yokes that the enslaved English, like Newgate Prisoners, wears upon their hands and legs as they walk the streets; by which those Norman Oppressors, and these their Successors from Age to Age have enslaved the poor People by, killed their yonger Brother, and would not suffer Iacob to arise.
O what mighty Delusion, do you, who are the powers of England live in! That while you pretend to throw down that Norman yoke, and Babylonish power, and have promised to make the groaning people of England a Free People; yet you still lift up that Norman yoke, and slavish Tyranny, and holds the People as much in bondage, as the Bastard Conquerour himself, and his Councel of War.
Take notice, That England is not a Free People, till the Poor that have no Land, have a free allowance to dig and labour the Commons, and so live as Comfortably as the Landlords that live in their Inclosures. For the People have not laid out their Monies, and shed their Bloud, that their Landlords, the Norman power, should still have its liberty and freedom to rule in Tyranny in his Lords, landlords, Judges, Justices, Bayliffs, and State Servants; but that the Oppressed might be set Free, Prison doors opened, and the Poor peoples hearts comforted by an universal Consent of making the Earth a Common Treasury, that they may live together as one House of Israel, united in brotherly love into one Spirit; and having a comfortable livelihood in the Community of one Earth their Mother.
If you look through the Earth, you shall see, That the landlords, Teachers and Rulers, are Oppressors, Murtherers, and Theeves in this manner; But it was not thus from the Beginning. And this is one Reason of our digging and labouring the Earth one with another, That we might work in righteousness, and lift up the Creation from bondage: For so long as we own Landlords in this Corrupt Settlement, we cannot work in righteousness; for we should still lift up the Curse, and tread down the Creation, dishonour the Spirit of universal Liberty, and hinder the work of Restauration.Secondly, In that we begin to Digge upon George-Hill, to eate our Bread together by righteous labour, and sweat of our browes; It was shewed us by Vision in Dreams, and out of Dreams, That that should be the Place we should begin upon; And though that Earth in view of Flesh, be very barren, yet we should trust the Spirit for a blessing. And that not only this Common, or Heath should be taken in and Manured by the People, but all the Commons and waste Ground in England, and in the whole World, shall be taken in by the People in righteousness, not owning any Propriety; but taking the Earth to be a Common Treasury, as it was first made for all.
Thirdly, It is shewed us, That all the Prophecies, Visions, and Revelations of Scriptures, of Prophets, and Apostles, concerning the calling of the Jews, the Restauration of Israel; and making of that People, the Inheritors of the whole Earth; doth all seat themselves in this Work of making the Earth a Common Treasury; as you may read, Ezek. 24.26, 27, &c. Jer. 33.7. to 12. Esay. 49.17, 18, &c. Zach. 8. from 4, to 12. Dan. 2.44, 45. Dan. 7.27. Hos. 14.5, 6, 7. Joel 2.26, 27. Amos 9. from 8 to the end, Obad. 17.18.21. Mic. 5. from 7 to the end, Hab. 2.6, 7, 8.13, 14. Gen. 18.18. Rom. 11.15. Zeph. 3. &c. Zach. 14.9.
And when the Son of man, was gone from the Apostles, his Spirit descended upon the Apostles and Brethren, as they were waiting at Ierusalem; and the Rich men sold their Possessions, and gave part to the Poor; and no man said, That ought that he possessed was his own, for they had all things Common, Act. 4.32.
Now this Community was supprest by covetous proud flesh, which was the powers that ruled the world; and the righteous Father suffered himself thus to be suppressed for a time, times and dividing of time, or for 42 months, or for three dayes and half, which are all but one and the same term of time: And the world is now come to the half day; and the Spirit of Christ, which is the Spirit of universal Community and Freedom is risen, and is rising, and will rise higher and higher, till those pure waters of Shiloe, the Well Springs of Life and Liberty to the whole Creation, do over-run A-dam, and crown those banks of Bondage, Curse, and Slavery.Fourthly, This work to make the Earth a Common Treasury, was shewed us by Voice in Trance, and out of Trance, which words were these,
Work together, Eate Bread together, Declare this all abroad.
Which Voice, was heard Three times: And in Obedience to the Spirit, Wee have Declared this by Word of mouth, as occasion was offered. Secondly, We have declared it by writing, which others may reade. Thirdly, We have now begun to declare it by Action, in Diging up the Common Land, and casting in Seed, that we may eat our Bread together in righteousness. And every one that comes to work, shall eate the Fruit of their own labours, one having as much Freedom in the Fruit of the Earth as another. Another Voice that was heard was this,
Israel shall neither take Hire, nor give Hire.
And if so, then certainly none shall say, This is my Land, work for me, and I'le give you Wages: For, The Earth is the Lords, that is, Mans, who is Lord of the Creation, in every branch of mankind; for as divers members of our human bodies, make but one body perfect; so every particular man is but a member or branch of mankind; and mankind living in the light and obedience to Reason, the King of righteousness, is thereby made a fit and compleat Lord of the Creation. And the whole Earth is this Lords Man, subject to the Spirit. And not the Inheritance of covetous proud Fesh, that is selvish, and enmity to the Spirit.
And if the Earth be not peculiar to any one branch, or branches of mankind, but the Inheritance of all; Then is it Free and Common for all, to work together, and eate together.And truly, you Counsellors and Powers of the Earth, know this, That wheresoever there is a People, thus united by Common Community of livelihood into Oneness, it will become the strongest Land in the World, for then they will be as one man to defend their Inheritance; and Salvation (which is Liberty and Peace) is the Walls and Bulwarks of that Land or City.
Wheras on the otherside, pleading for Propriety and single Interest, divides the People of a land, and the whole world into Parties, and is the cause of all Wars and Bloud-shed, and Contention every where.
Another Voice that was heard in a Trance, was this,
Whosoever labours the Earth for any Person or Persons, that are lifted up to rule over others, and doth not look upon themselves, as Equal to others in the Creation: The hand of the Lord shall be upon that Laborer: I the Lord have spoke it, and I will do it.
This Declares likewise to all Laborers, or such as are called Poor people, that they shall not dare to work for Hire, for any Landlord, or for any that is lifted up above others; for by their labours, they have lifted up Tyrants and Tyranny; and by denying to labor for Hire, they shall pull them down again. He that works for another, either for Wages, or to pay him Rent, works unrighteously, and still lifts up the Curse; but they that are resolved to work and eat together, making the Earth a Common Treasury, doth joyn hands with Christ, to lift up the Creation from Bondage, and restores all things from the Curse.
Fiftly, That which does incourage us to go on in this work, is this; We find the streaming out of Love in our hearts towards all; to enemies as well as friends; we would have none live in Beggery, Poverty, or Sorrow, but that every one might enjoy the benefit of his creation: we have peace in our hearts, and quiet rejoycing in our work, and filled with sweet content, though we have but a dish of roots and bread for our food.
And we are assured, that in the strength of this Spirit that hath manifested himself to us, we shall not be startled, neither at Prison nor Death, while we are about his work; and we have bin made to sit down and count what it may cost us in undertaking such a work, and we know the full sum, and are resolved to give all that we have to buy this Pearl which we see in the Field.For by this work we are assured, and Reason makes it appear to others, that Bondage shall be removed, Tears wiped away, and all poor People by their righteous Labours shall be relieved, and freed from Poverty and Straits; For in this work of Restoration, there will be no begger in Israel: For surely, if there was no Begger in literal Israel, there shall be no Begger in Spiritual Israel the Anti-type, much more.
Sixtly, We have another encouragement that this work shall prosper, Because we see it to be the fulness of Time: For whereas the Son of Man, the Lamb, came in the Fulness of Time, that is, when the Powers of the World made the Earth stink every where, by oppressing others, under pretense of worshiping the Spirit rightly, by the Types and Sacrifices of Moses law; the Priests were grown so abominably Covetous and Proud, that they made the People to loath the Sacrifices, and to groan under the Burden of their Oppressing Pride.
Even so now in this Age of the World, that the Spirit is upon his Resurrection, it is likewise the Fulness of Time in a higher measure. For whereas the People generally in former times did rest upon the very observation of the Sacrifices and Types, but persecuted the very name of the Spirit; Even so now, Professors do rest upon the bare observation of Forms and Customs, and pretend to the Spirit, and yet persecutes, grudges, and hates the power of the Spirit; and as it was then, so it is now: All places stink with the abomination of Self-seeking Teachers and Rulers: For do not I see that every one Preacheth for money, Counsels for money, and fights for money to maintain particular Interests? And none of these three that pretend to give liberty to the Creation, do give liberty to the Creation; neither can they, for they are enemies to universal liberty; So that the earth stinks with their Hypocrisie, Covetousness, Envie, sottish Ignorance, and Pride.
The common People are filled with good words from Pulpits and Councel Tables, but no good Deeds; For they wait and wait for good, and for deliverances, but none comes; While they wait for liberty, behold greater bondage comes insteed of it, and burdens, oppressions, taskmasters, from Sessions, Lawyers, Bayliffs of Hundreds, Committees, Impropriators, Clerks of Peace, and Courts of Justice, so called, does whip the People by old Popish weather-beaten Laws, that were excommunicate long ago by Covenants, Oaths, and Ordinances; but as yet are not cast out, but rather taken in again, to be standing pricks in our eys, and thorns in our side; Beside Free-quartering, Plundering by some rude Souldiers, and the abounding of Taxes; which if they were equally divided among the Souldiery, and not too much bagd up in the hands of particular Officers and Trustees, there would be less complaining: Besides the horrible cheating that is in Buying and Selling, and the cruel Oppression of Landlords, and lords of Mannours, and quarter Sessions; Many that have bin good House-keepers (as we say) cannot live, but are forced to turn Souldiers, and so to fight to uphold the Curse, or else live in great straits and beggery: O you A-dams of the Earth, you have rich Clothing, full Bellies, have your Honors and Ease, and you puffe at this; But know thou stout-hearted Pharaoh, that the day of Judgement is begun, and it will reach to thee ere long; Jacob hath bin very low, but he is rising, and will rise, do the worst thou canst; and the poor people whom thou oppresses, shall be the Saviours of the land; For the blessing is rising up in them, and thou shalt be ashamed.And thus you Powers of England, and of the whole World, we have declared our Reasons, why we have begun to dig upon George hill in Surrey. One thing I must tell you more, in the close, which I received in voce likewise at another time; and when I received it, my ey was set towards you. The words were these: Let Israel go free.
Surely, as Israel lay 430. yeers under Pharaohs bondage, before Moses was sent to fetch them out: Even so Israel (the Elect Spirit spread in Sons and Daughters) hath lain three times so long already, which is the Anti-type, under your Bondage, and cruel Task-masters: But now the time of Deliverance is come, and thou proud Esau, and stout-hearted Covetousness, thou must come down, and be lord of the Creation no longer: For now the King of Righteousness is rising to Rule In, and Over the Earth.
Therefore, if thou wilt find Mercy, Let Israel go Free; break in pieces quickly the Band of particular Propriety, dis-own this oppressing Murder, Oppression and Thievery of Buying and Selling of Land, owning of landlords, and paying of Rents, and give thy Free Consent to make the Earth a Common Treasury, without grumbling; That the yonger Brethren may live comfortably upon Earth, as well as the Elder: That all may enjoy the benefit of their Creation.
And hereby thou wilt Honour thy Father, and thy Mother: Thy Father, which is the Spirit of Community, that made all, and that dwels in all. Thy Mother, which is the Earth, that brought us all forth: That as a true Mother, loves all her Children. Therefore do not thou hinder the Mother Earth, from giving all her Children suck, by thy Inclosing it into particular hands, and holding up that cursed Bondage of Inclosure by thy Power.
And then thou wilt repent of thy Theft, in maintaining the breach of the eight Commandment, by Stealing the Land as I say from thy fellow-creatures, or yonger Brothers: which thou and all thy landlords have, and do live in the breach of that Commandment.
Then thou wilt Own no other God, or Ruling Power, but One, which is the King of Righteousness, ruling and dwelling in every one, and in the whole; whereas now thou hast many gods: For Covetousness is thy God, Pride, and an Envious murdering Humor (to kill one by Prison or Gallows, that crosses thee, though their cause be pure, sound, and good reason) is thy God, Self-love, and slavish Fear (lest other serve thee as thou hast served them) is thy god, Hypocrisie, Fleshly Imagination, that keeps no Promise, Covenant, nor Protestation, is thy God: love of Money, Honor, and Ease, is thy God: And all these, and the like Ruling Powers, makes thee Blind, and hard-hearted, that thou does not, nor cannot lay to heart the affliction of others, though they dy for want of bread, in that rich City, undone under your eys.
Therefore once more, Let Israel go Free, that the poor may labour the Waste land, and suck the Brests of their mother Earth, that they starve not: And in so doing, thou wilt keep the Sabbath day, which is a day of Rest; sweetly enjoying the Peace of the Spirit of Righteousness; and find Peace, by living among a people that live in peace; this will be a day of Rest which thou never knew yet.But I do not entreat thee, for thou art not to be intreated, but in the Name of the Lord, that hath drawn me forth to speak to thee; I, yea I say, I Command thee, To let Israel go Free, and quietly to gather together into the place where I shall appoint; and hold them no longer in bondage.
And thou A-dam that holds the Earth in slavery under the Curse: If thou wilt not let Israel go Free; for thou being the Antitype, will be more stout and lusty then the Egyptian Pharoah of old, who was thy Type; Then know, That whereas I brought Ten Plagues upon him, I will Multiply my Plagues upon thee, till I make thee weary, and miserably ashamed: And I will bring out my People with a strong hand, and stretched out arme.
Thus we have discharged our Souls in declaring the Cause of our Digging upon George-Hill in Surrey, that the Great Councel and Army of the Land may take notice of it, That there is no intent of Tumult· or Fighting, but only to get Bread to eat, with the sweat of our brows; working together in righteousness, and eating the blessings of the Earth in peace.
And if any of you that are the great Ones of the Earth, that have been bred tenderly, and cannot work, do bring in your Stock into this Common Treasury, as an Offering to the work of Righteousness; we will work for you, and you shall receive as we receive. But if you will not, but Pharoah like, cry, Who is the Lord that we should obey him? and endeavour to Oppose, then know, That he that delivered Israel from Pharoah of old, is the same Power still, in whom we trust, and whom we serve; for this Conquest over thee shall be got, not by Sword or Weapon, but by my Spirit saith the Lord of Hosts.
- William Everard,
- Iohn Palmer,
- Iohn South,
- Iohn Courton.
- William Taylor,
- Christopher Clifford,
- Iohn Barker.
- Ferrard Winstanley,
- Richard Goodgroome,
- Thomas Starre,
- William Hoggrill,
- Robert Sawyer,
- Thomas Eder,
- Henry Bickerstaffe,
- Iohn Taylor, &c.
FINIS.
T.190 (6.10) [John Prince], Walwyns Wiles: Or The manifesters Manifested (23 April 1649).↩
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Bibliographical Information
ID NumberT.190 [1649.04.23] (6.10) [John Prince], Walwyns Wiles: Or The manifesters Manifested (23 April 1649).
Full title[John Prince], Walwyns Wiles: Or The Manifesters Manifested viz. Lieut. Col. John Lilburn, Mr William Walwyn, Mr Richard Overton, and Mr Tho. Prince. Discovering themselves to be Englands new Chains and Irelands back Friends. Or The hunting of the old Fox with his Cubs and the Picture of the Picturers of the Councel of State. Declaring the subtle and crafty Wiles of the Atheisticall Blasphemous, foul-murthehring principles, and practises of Mr William Walwyn, in plentifull instances, confirming the same with some advertisements to Lieu. Col. John Lilburn, and Mr Tho. Prince. By a Lover of the Present, and Eternall, interest of Man-kinde.
The Second Edition, Corrected and amended. April 23. 1649. Imprimatur, Henry
Whalley. London, Printed for H.C. and L.L. 1649.
The Tract contains the following parts:
- The Epistle Dedicatory: To the Noble and Successful Englands Army, Under The Command of his Excellency Thomas Lord General Fairfax
- Walwyns Wiles: or The Manifestators Manifested
- Postscript
Estimated date of publication
23 April 1649. TT lists it as May 10.
Thomason Tracts Catalog informationTT1, p. 743; Thomason E. 554. (24.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
To the Noble and Successful Englands Army, Under The Command of his Excellency Thomas Lord General Fairfax.
It is hard to say whether God hath appeared more gloriously with you in breaking the powers or blasting the policies of your enemies, as he hath been your strength unto the one, so your wisdom unto the other, by whose presence with you, neither wisdom nor weapon have prevaild against you: the great contention between Christ and the Devil, and the seed of either, is to destroy each others work in the world; and although the issue thereof shall be the mortal crushing of the head of the one; yet shall the heel of the other be bruised thereby.
Noble Sirs, the modelling and managing, making and maintaining, preserving and prospering your happy Army, is such a transparent work of God in the world, that it dazels the eyes of all spectators: the presence of God and the prayers of his people have always attended your valiant attempts, by means whereof your ones have chased tens, and your hundreds have put thousands to flight: it is too true, you have met with hardship abroad, and unkindness at home: but your honor it is that neither the one or the other hath made you bow unto a base unworthy and sinful deportment: God hath subdued the common Enemy by you, this he may do more for others then your own sakes; but when he subdues your enemies within you, it is more for your own then other mens sakes; that he doth in love to others; this in love to you: that as he makes you executioners of his fierce wrath; this as he makes you the objects of his free love: When you conquer men, you conquer flesh, and so one beast may conquer another: but when you conquer sin, you conquer spirit; and this is the work of none but Christ: the blood of your Enemies may feed the root of your present power, but the blood of your sins doth water the root of your eternal happiness; that an Army should be humble under victories, [Margin note: When we speak of the Army we would be understood of the honest party therein, which (we conceive) is of a greater numbers then there is the like in any Army in this world.] meek under injuries, patient under provocations, fear no men, yet tremble before God, should be a terror to the wicked, and a tower to the Saints, should be Lions in fields, and Lambs in families; this imports your powerful hamering by the hand of the spirit upon the anvil of Truth into a blessed battle-ax, compleatly aptified for the hand of God unto the breaking in peeces the envious enemies of his Son and his Saints, according to the predict counsels of his holy Word, and hence it is, that the Antichristian whore is filld with fears that you are the men commission’d by God to execute upon her the Judgment written, to stain her glory and spoil her beauty, to dash her bastards brains against the stones, & to give her blood for blood to drink, to burn her flesh with fire, for the prevention whereof that you may not torment her before her time, she hath summon’d the Princes of the earth that have committed fornication with her, with their sons of whoredom to band their might and strength against you: but the Lord that raised you and called you to his foot (Isa. 4.1.2) gave the Nations before you, making you Rulers over Kings and Princes, giving them as dust to your sword, and as driven stubble to your bow, making you to eat up the Nations, your enemies, to break their bones, and pierce them through with your arrows, and then causing you to couch down like a Lion, none daring to stir you up; but this whorish Dalilah perceiving your might by breaking her forces like Sampsons coards, is trying her tricks to finde out your strength, and the seat thereof, and well perceiving that it lies in your hair, rooted together in your head, (we mean in your Union with Christ, and each with other,) she hath applyed her self in her several Instruments, by her enticing words to cut you from him, and then to divide you each from other, whose curious cunning in that unhappy work is here set forth in one of her supposed faithful factors, Mr William Walwyn, whose various manners in corrupting and dividing (by himself, and others,) the honest and true hearted party to Religions, and the Kingdoms interest in the Army, City and Country, is truly declared, having received satisfaction touching the truth of those particular instances given concerning him, (though we know his protest principle is to say or do any thing whatsoever against him, whom he thought engaged against him to destroy him, yet) we cannot but subscribe our own Observations and Experiences of his general course in all his ways, as they are here set forth. As for Mr Richard Overton we know him not but by his Pen, the complexion whereof hath quit our desires of any further acquaintance with him. Mr Lilburn and Mr Prince (we verily hope) are far better in their ends and ayms, then in their game in hitting their marks (viz. the real Interest of their native Country,) though (we must confess) we look upon them as simplehearted, so simple-headed, to be drawn, as they are, into such ways as they walk. For although in words they profess, yet in works they deny, and destroy the Interest of England; for one who seeth not that these clamorous Complaints, insinuated into the Army, and spread abroad in the City and Country, Viz. That the people assembled at Westminster are not a lawful Parliament, but there maintained by the power of the Sword to overawe and tyrannize over the free-born people of England, That it is against the Laws of the Land, that there should be any Martial Discipline over Souldiers in time of peace, (though there should be an Army under pay,) insinuating as if we were all in Peace, which we are not like to be while such coals of contention are kindled by them, that the design of the House at Westminster, and Councel of State, &c. is to keep down the people under Tyranny and Slavery by an Army, as if it was possible (as the case stands) to settle this Commonwealth without an Army, That the Commons of England (whom in their several Papers they have acknowledged to be the Supream Authority of the Nation) must be tyed to govern by the known Laws, not to alter the Government, viz. to establish a Counsel of State, and yet have power to take away the life of the King, and to abolish the House of Lords &c. That the sending over Forces to Ireland is for nothing else but to make way by the blood of the Army to enlarge their territories of power and Tyranny, That it is an unlawful War, a cruel and bloody work to go to destroy the Irish Natives for their Consciences, (though they have kill’d many thousand Protestants for their Consciences,) and to drive them from their proper natural and native Rights, (though they have done the like to many thousand Protestants, who, though English, had as true natured and native right to their Lands and Inheritances as the Irish had: We say, who is so blind as not to see that the true design of all these chantings is to divide the Army, and break it in pieces by jealousies and discontents, to hinder the happy and hopeful relief of Ireland, to betray these poor Protestants that lie trembling and panting between hope and fear, (not knowing whether yet they shall live or dye,) break the Parliament and Councel of State, and consequently by the utter and irrecoverable loss of Ireland, ruin of the Army, crushing the present Authority, dividing the honest party, the Irish Rebels may come with all their Powers from all parts abroad, and in this Nation, like a mighty Torrent, sweeping all befor them, and put themselves into a capacity of putting into execution their bloody, cruel, tyrannical and revengeful thoughts against the honest party in the Land. We have ever observed, that this Mr Walwyn in all viciscitudes, and turns of affairs, hath still withstood the present Government, yea, though modeled according to his former pretended desires, which argues a hidden design in all his pretences; ’Tis true, when Magisterial Power clasheth against Divine, and men in authority fight against God by oppression and tyranny, they shall be broken in pieces as a glass against a Rock, for though the fountain of Government springs from the People, and the end thereof be their only benefit, yet while the Power in the People is uncontracted, and their own Authority is untransfer’d, it is like (shall we say a tallent hid in the earth without uses) nay rather as the inordinate heat in a stack of corn, firing it self with its own heat. Where all men are alike Rulers, none will be ruled, and then into what precipices should we run? To live together is the Law of Nature, and how can this be when every mans lust shall be every mans Law? For then every mans will shall be every mans wants, and no man will content himself with what he hath. While he hath not that which his neighbor hath, the best of Governments cannot secure each individual from oppression, but where there is no Government, so many men are so many Tyrants each to others. The worst of Governments is good for some, but no Government can be good for none: Where is no Government there can be no Agreement, and certain destruction attends division. Valiant Sirs, be not deceived by these Arch-deluders, neither be divided amongst your selves; Union hath preserved you, Division will destroy you, God hath made you terrible by Union, the Jesuite would make you contemptible by division: your enemies despair to overcome you by Power, revive not their hopes to do it by policy, they could not cudgel you, let them not cajole you: you have wrested their swords, their spears, their trophies, their banners out of their hands, let them not cheat them out of your hands again, they tell you, your Officers would lift up themselves by your blood, but have not you better experiences of your Officers then they? Have not they stuck to you, as well as you to them, in the day of battel? What though men have not regarded you as you deserved, will not God be faithful, though men are not? Will not he be true when they are lyars? Are you afraid to receive your wages, your rewards from the immediate hand of God alone? That your honor shall be too great, your Crown too heavy at the great pay day? He hath made you famous in England, and famous in Scotland, and is it your fear, that he will honor you in Ireland, (that any of you should be disswaded, from that happy work,) are you unwilling to be possessed of that good Land, that Land that floweth with milk and honey? Hath not God fed you with former Victories, to the amazement of all, that he might steel you against all future difficulties that you meet withal. The people of God in England, in Scotland, have risen up and called you blessed for your help to them in the day of trouble, and shall your poor Brethren in Ireland receive no favour from you? We beseech you by the Womb that bare you, and the Paps that gave you suck, by the honor of English men, by all the experiences of the presence of God with you while you stuck to the Interest of God, his people and your native Country, that you pluck off the Vizors of those Jesuitical Whifflers, that (creeping in among you like the Serpents spawn under the green grass) spy out your liberty, envy your approaching happiness, and would now destroy you by your own selves, the just Liberties of the Nation, the Freedom of the Gospel, the Interest of England, the joy of all good men are in the fruitful Womb of your former faithfulness, which is now ready to bring forth, if you help in the hour of travel, howsoever, that the happy work of God, begun in these three Islands of England, Scotland and Ireland, shall go on and prosper by the honored Instruments of Gods own choice, is the faith and prayer of
the Throne of Grace,
Walwyns Wiles: or The Manifestators Manifested.
The greatest Hypocrisie is often palliated with the most specious pretences of the plainest sincerity, and the chiefest use that some men make of Religion, and the language thereof is (after the similitude of Satan with our first Parents) to muffle the understandings of over-credulous and flexible men, and then to cheat them under a guilded bait of their seeming good into such actions that are most conducible to their certain misery: It is the great unhappiness of ingenious and plain-hearted people to be made instrumental to the disguising design of maskt enemies, and to have their Integrity imposed upon by the deceitful policy of those that dare not own their own actions, lest they should allarum them whom they dayly deceive, and hinder the increase of that party by which they expect the accomplishment of their secret projects, to open the windows of this dark Cabinet, and to discover the methods of these Imposters, is worthy the ingenuity and charity of a more able pen. It cannot be imagined that such quondam devout and publique spirits, as did seem to breath in two of these Manifestators, viz. Lieu. Col. John Lilburn, and Mr Thomas Prince, (with some other adhering to them) should be wrought upon (by their late Proceedings in print, and otherways) to serve the implicate Designs of the Kingdoms Adversaries, were they not deceived by the fine and plausible expressions of these cunning Imposters; and although the present distempers of their turbulent passions (like the raging Seas) and the perplext ebullitions of their discontented minds, have fomed out the dregs and dross of frail and sinful flesh and blood (we mean) vented unworthy Callumnies, palpable falsities, and most notorious scandals against those (saviours of the Nation) men, that God hath made happy Instruments of the Kingdoms Freedom from apparent slavery and utter ruine, yet that ancient experience which we have had of the said persons (especially the first named thereof,) together wit those fore-sufferings by him endured in his stout withstanding the Common Enemy in times past, though we confess we have not observed his sufferings to have produced that quiet fruit of Righteousness, nor him to have learnt that meekness and lowliness of spirit after Christs example in bearing his Cross; yet (well considering that oppression obnoxiateth even wise men to that madness which may not be so quickly recovered again,) we are furnished with a covering for his present nakedness, giving us to hope, that as heretofore (if we mistake not) in the like case he may discern it, and be ashamed. We have of late observed several expresses from three of these Manifestators so qualified, as if written by the chief Secretaries of the Prince of Slanders, through whose lines, as through a prison-grate, such a distempered, furious, rayling and raging spirit doth stare and gaze their sober and judicious Readers in the face, spiting such venom, ranker and mallice against the most pious and deserving men of this Nation, that they cannot do such homage to Belzebub, the Prince of such Spirits, as to hear the sound of his revengeful and envious language, and to waste their time in reading such slanderous Declarations from his infernal Court, but behold a fresh appearance of these subscribers in a new dress of a latter date, as if that spirit would shew his master peece, in his crafty translation of himself into the form of an Angel of light, calling it self by the name of a Manifestation of L. C. John Lilburn, Mr. William Walwyn, &c. bearing date the 14 of April, 1649 whose devout, specious, meek, self-denying, soft and pleasant lips favours much of the sligh, cunning and close subtlety of that additional Subscriber, Mr. William Walwyn, who (as the Serpent that deceived our first Parents was more subtle then any beast of the field which the Lord God had made) is much more crafty then the rest of his brethren, of whose curious spinning we have several reasons to presume this piece, for here is not the licentious provoking daringness of L. Col. Lilburns pen, nor yet the notorious profanness of Mr. Richard Overtons pen; as for Mr. Prince, he is a younger brother lately drawn in, and no further accomplished in his brethrens art then in the lesson of Conformity unto their proceedings and conscription unto their Expresses. Again, he that shall compare this Manifestation, subscribed by Mr. Walwyn, with Englands new Chains, the first and second part, the Hunting of the Foxes, and other scandalous Pamphlets, subscribed only by the rest, may easily perceive the well known subtlety and craftiness, phrase and stile of this new Subscriber above his Fellows, who of themselves are no more able to alter the complexion of their pen, then the Leopard his spots, or the Blackamoor his skin; these being Wolves in their own, but the other a Wolf in Sheeps clothing; and that simple and plain-hearted men may no longer be drawn aside from their publique Interest and personal Comforts, temporal and eternal, hear the voyce of several years experience and observation, exhibiting a true and impartial Manifestation chiefly and principally of this Manifestator, we mean this new and additional Subscriber, Mr. William Walwyn, whom we shall consider not at all in referrence to his Birth, Breeding, Trade, manner of life and conversation, any further then only relating to his wiles and ways, methods and modes, in deluding, cozening and deceiving a plain and honest generation of well-meaning men, into such paths practises and manners that are most destructive to their own Interest, and the publique good: And here consider,
First, His game hath always been the unhappy perversion of honest men generally observed to be forward on the Parliaments behalf against the King and the Royal party, for the effecting whereof his custom was to frame his Endeavors.
First, To discern and feel their temper, genius, natural constitution, and complexion, whether of meek, quiet and peaceable, or rash, hasty, and violent spirits, whether of quick, capacious and nimble, or of dull, injudicious and low apprehensions, whether of a more pure, heavenly and spiritual, or more gross, light and vain discourse, whether of a retensive, close, and tenacious capacity in keeping secrets, or a more open, free and liberal aptness in discovering, whether of a richer, or mean condition, whether popular, or how interessed in the Parliament, Army, City, or Country.
Secondly, Having well understood his game, he prepares his baits, those whom he apprehends more solid, wise, moderate, judicious, of quick apprehensions, reaching brains, good parts, and language, and withall notorious for Religion and popular Interest, he first entertains with much civility, candor, and curteous carriages, very good, rational, and acceptable discourse, fitting and framing the same after such a manner as may represent himself an excellent Common-wealths man, full of a publique spirit, and furnished with rich and plentiful observations and propositions, fairly comporting with publique good, and insinuating (with what freedom or tenderness, plainness or covertness, they are able to bear) the many pressures, burdens and grievances of the Commonwealth, and insisting (if at all) yet very slightly upon the Redresses, good and benefit received from men in present authority, backing his discourse of this nature either with some plausible stories of the cunning and crafty behaviour of Foreign Princes, or men in power, pretending good for the Common-wealth, and doing many things very promising thereunto, and at last exalting themselves in the oppressions and vexations of the people, or else with observations of Domestique Polititians, once very famous for their pretended zeal for their Country, but when advanced and lifted up, as infamous for their baseness in Oppression and Tyranny: and by this means he is still fomenting new and fresh jealousies against those that approve themselves most faithful in Authority and Trust, ever observing what actions (if any such thing do fall out) have been done by such men which may possibly (by wringing and wresting, and malign interpretation) render them by his cunning art and skill (being very dexterous that way) to be suspected for Self-seekers, Juglers and Deceivers of the People.
Secondly, Having by this meanes crept into the good opinion, love and affections of his deceived friends, and new acquaintance (the result and issue of severall meetings and conferences in order thereunto,) and hereby wounded their respects, and abated their zeal towards those that have the management and steerage of publike affairs in their hands, that he may make sure work with them, with cunning and curious art he attempts the undermining of their principles of Religion, but with a soft foot, and with much slight of hand, and (Jugler-like) as if he had past his Apprentiship, and served Journey-man to the grand deceiver of the world, he employs his skill in casting a mist before them, and in blinding the eyes of their minds, that the great mysteries of Life and Salvation by Jesus Christ, and the Doctrines of Justification by his Death and Resurrection, Sanctification, and Mortification by his Spirit, &c. may appear but meer fantasms, rediculous, irrational, ayry, vain, empty notions; but thus he attempts very artificially in these gradations.
First, (That he may raze the very Foundation, and lay his Ax at the very root of Religion,) he prepares his battery against the credit, honour and authority of the holy Scriptures, as presuming that to be (as indeed it is) the very first regal of Religion, the credit whereof being once lost in the judgement, the conscience, will and affections, will quickly surrender, even upon Satans terms; but before he spends his Ammunition, viz. his Arguments and Reasons against the same, with no small subtlety parlies with them as in the very same case, and to the same end that envious one to the present and eternal Interest of mankind, did insinuate into a conference with our first parent by way of subtle and crafty questions, and hath God indeed said, ye shall not eat of every tree of the garden, &c. even so this most proficient Schollar, doth not use in a down-right maner to deny the authority of the Scriptures, but like master like man, he sets upon men quere-wise: How can you prove the Scriptures to be the Word of God? What security have you concerning the divine authority of the Scriptures, and consequently the articles of your belief, and the grounds of your faith, but from the testimony of men? What better grounds have you to beleeve the Scriptures came from God, then the Turks have for their Alcharon, or the Jewes for their Talmud? not that he himself would seem to question it, but if you will beleeve him, it is to understand how men are setled in their faith, and to help them therein, he writ for the defence of the divine authority of the Scriptures, (as Satan himself, when he did tempt the Lord Christ to destroy the Scriptures, in effect, by doing contrary to the Tenor thereof, did quote the very Scripture, saying, It is written, he shall give his Angels charge, &c.
Secondly, if he cannot presently surprise their judgements by his subtile queries about the Scriptures, he waves the business for a season, and takes another course, then he insinuates the contradictious opinions of men about matters of Religion, their various judgements, how opposite and cross they are to themselves (declining distinctions, whereby they may be reconciled) leading his disciples upon the Lords Days from one Church to another, and staying no longer then while somewhat drops from the mouth of the Minister, which he may through his art (not minding what went before, and what followed) render ridiculous and weak, and so by degrees comes at last to improve all against the validity of Religion, Preaching, and other Ordinances: this done,
Thirdly, He entertains them with as much excellency and strength of discourse, as his capacities have attained, in setting forth the famous Governments of such and such Common-wealths, the excellent readings of Phylosophers, their moral ingenuity, parts, and learning, how farre short the Government of this Kingdom comes of them? What kind of breeding such States and Common-wealths give their children in the study of martiall discipline, feats of activity, geometry, &c. by all which means he endeavours still to take off the minds of his Disciples from Religion, and the thoughts thereof, if he sees the desired fruits of his labours, and that he hath gotten the Venison which his soul doth so sorely long for, viz. the betraying of poor men into the same condemnation with himself into low and contemptible thoughts of God, of Jesus Christ, of the Spirit, of the Scriptures, of hearing the Word, Prayer, of Heaven, of Hell, &c. then they become his bosom friends, and are friendly received into his House, and partake of his more intimate thoughts, and familiary, as presuming, that having perverted them, and strengthened them in his most wretched wayes, they might be able to go and do likewise, viz. pervert and strengthen their brethren, and this is his method for the taking the more solid, able, judicious and intelligent men, which are the first sort of men, whom he seeks to seduce from their faithfulness and integrity to God and man.
Before we come to shew his art in drawing aside the other sort of men, take some instances of his proceedings in the former kind, all which, with much more of this nature, shall be manifestly proved as occasion is required.
Having once upon a Fast day (as his usual manner was both upon those and the Lords days) gone from place to place, hearing here a little, and there a little what the Ministers said, making it the subject matter of his prophane scorning and jeering, came at last to his own house with one of his supposed Fast disciples, (though even at that time his heart did rise against Walwyns wickedness, but having got within him, he did resolve, though with much reluctance of spirit, to fathom the deep devout hypocrisie of this man for a through detection of him,) being at home, he fetcht out that prophane scurrilous Lucians Dialogue, come (said he) let us go read that which hath something in it, Here is more wit in this (saith he) then in all the Bible.
And speaking of the book of Psalms, and the Proverbs, said, That there was no heed to be given to them; for, said he, they were pen’d by Kings in order only to their own advantage, and the promotion of their own interest, as they were Kings.
And another, a presumed sure friend, (having some familiarity with this worthy Champion for, and Assertor of the Divine Authority of the Scriptures Mr Walwyn) protest, that this wretched man, Walwyn, speaking of the book of Canticles, said, That it was nothing else but one of Solomons Epiphonema’s or Rhetorical Songs upon one of his whores.
At another time speaking and discoursing of Hell, said, That it was a silly thing to think that there was any hell, or condemnation, which the Ministers keep such a noyse and prating about, and that all the hell that was, was that onely which was in an ill mans conscience in this life: and it being replyed, that the Scriptures speak expresly of hell, and eternal fire and damnation; he answered that is to be understood as the Scriptures also speak, they are condemned already, viz. in their own consciences, which is no more but this, they know they have not done well.
At another time speaking of hell, and everlasting fire, and eternal torments, used words to this purpose, Pish, do you think, can it enter into your heart to conceive, that God should cast a man into everlasting burnings, where he should be tormented for ever without end, for a little time of sinning in this world?
Again, at another time speaking and discoursing of Prayer, (said he) What a silly thing it is for a man to drop down upon his knees, and hold up his hands, and lift up his eyes, and mumble over a few words for half an hour, or an hour together, as if this did please God, when all this while he might have been in doing that which is good in it self, relieving the poor and oppressed; there is no other Religion but that which the Apostle James speaks of, consisting in relieving the poor, judging the cause of the fatherless and widow, &c.
Again, speaking of keeping Sundays as we do, urged, That it was better on such days to meet together, and spend our time in considering what is good for the Common-wealth, read some good moral things, as Plutarchs Morals, Ciceroes Orations, then reading the Scriptures, and hearing Sermons, glorying much of the notable witty things in these moral Writers, and of the manner of their governing of States.
Again, he did bemoan the simple practise of this Nation in bringing up their children in learning Latin (forsooth) and the original Tongues, and I know not what, it were far better to train them up in feats of Activity, Geomitry, riding Horses, exercising Arms, studying Fortifications, and in such things as may make them serviceable to the Common wealth.
It would fill a Volume to declare the sad and miserable effects, which by this means have been brought to pass upon the judgments of some of very able, apt, and ingenious parts and abilities, corrupted by this English man-hunter; one of them, not long since (a man of very singular parts, and much ingenuity, that might have been very useful for this Commonwealth,) having been but a little and lately acquainted with this wretch, speaking with others about the nature of God, his Grace, Mercy and Goodness, most prophanely and lightly replyed, Yea, I hope God is a merry old man, and will make a good Companion when I am dead. And again, one speaking to him of the Sweetness and Excellency of Jesus Christ; replyed, Yea, indeed Jesus Christ is very sweet, I love him better then Capons. But I shall rather insist onely upon his own expressions.
Mr Walwyn being asked by one of his intimate Friends, what he seriously thought concerning the Scriptures, whether they were the Word of God or no? Replyed thus, I’le open my heart plainly unto you, said he, I beleeve it is not the Word of God, and I beleeve again it is the Word of God: I pray expound your self, said his friend, why, said he, the Scripture is so plainly and directly contradictory to it self, that makes me beleeve it is not the Word of God, and yet again, all those passages therein that declare the nature of God, viz. his Grace and Goodness to men, I beleeve are the Word of God, and so you have my meaning; oftentimes declaring, that he did not beleeve that God would punish men for ever for a little time of sinning.
There was a Gentlewoman (a Citizens wife, of very good quality, and well known,) formerly very famous in the profession of Religion, and of very great repute amongst honest people, a woman of parts and abilities above the common standard of her sex, whose sad and heavy condition it was to fall into acquaintance with this unhappy factor for the Region of darknesse, who (as her selfe declared unto some very neerly relating unto her) was unhappily seduced by this wretched man, who having improved his skill (with too much success) in poisoning her judgement touching the truth of the Scriptures, and the precious concernments of her soul, did frequently vent his most Atheisticall and blasphemous opprobries, scorns, and scoffs against Religion, and the holy Scriptures, as these passages do abundantly witnesse.
Upon a time speaking of King David, said to this purpose and effect, That King James and King David were a couple of crafty Foxes, and cunning Knaves, that by their subtilty and policy, under religious pretences, acted all things with a design of abusing and cozening their people over whom they were set, and that they were as like as ever he read of any two men in all his life.
Another time speaking to the same woman, demanded, why she did not come and see his wife? and most jeeringly and scoffingly added, I protest, said he, thou hast sin’d the sin against the Holy Ghost, for not visiting my wife; or to that effect.
At other times visiting the same woman, and finding her in somewhat a melancholy and sad condition, (for indeed she was a woman of quick and ripe apprehensions in spiritual things, and could not likely degenerate from, and decline the waies of God without regret of spirit, and trouble of conscience.) Come, said he, we shall have you return to your religious mood again, you will never do well so long as these thoughts prevail with you; or to that purpose.
Oftentimes did this wretched man suggest unto her to this purpose, That it was a base and ignoble thing for any one to lie under such trouble, anguish, and perplexity, as could not well be indured, having so easie and speedy a way of riddance out of it, as is before every man, and that it was an honorable and valiant thing, for a man in such a case to put an end to his life by laying violent hands upon himself, being a far shorter way of ease, then any other way, Which Atheisticall principle was so nourished by this poor woman in her distresse and trouble, that she often attempted to destroy her self, and at last, she did most wofully bring it to passe, by strangling her self, to the great grief and trouble of her husband, children and dear relations; Now let impartiall and judicious men judge, of the frame, temper, and spirit of this man touching Religion, the Scriptures, the nature and mysteries of the Gospel, of heaven, of hell, &c. and whether these instances compared with his writing, for the divine authority of the Scriptures, as also with the late manifestation, do not manifest him to be a cunning hypocriticall Jugler, abuser, and deceiver of poor men and women that lend their ear unto him: he that can jeere at the Word of God, at the sin against the Holy Ghost, preferre scurrillous, base Pamphlets above the Scriptures, &c. can notwithstanding in this Manifestation, with a very devout and religious pen (as if he had been the most pious assertor of the things of God) pretend to build his comfort upon the Scriptures, as he doth pag. 4. of this Manifestation, where he saith, that he could pass over the many wrongs done unto him, upon this consideration, Remembring what is promised to be the portion of good men. Again, pag. 5. We must suffer till God sees fitting in good time to clear, &c. With severall other strains of this nature, as if Religion, and the affairs of the other world, God, and Christ, and the Spirit, were the main things that guide him in all his waies; wherein both L. Col. John Lilburn, and others, know in their owne consciences, and have declared it, that they could never perceive him a man in the least acquainted with the concernments of Religion, and the work of the Spirit.
Having declared the crafty and subtle wiles and methods of this artificiall and great Impostor, in his Satanicall work of seducing and deceiving the more able sort of men, I shall now proceed in setting forth his Mountebankisme in his Jesuiticall betraying of the weaker, more injudicious, and plainer sort of people, and these likewise being of severall tempers, constitutions, and conditions, he hath variety of art to deceive them all.
If they be of a low, needy, indigent, and wanty condition, as many of them are, he deals with them after this method.
First, (that he might hit the white of the mark in all his aimes, viz. wound the credit and authority of Religion) he is ever and anon harping upon the hard-heartednesse and uncharitablenesse of Professors (and I wish that he had not straw enough to make this Brick) and those that are religious men, how grinding they are in bargains, how penurious, base, and backward in works of charity and mercy, how undermining, and over-reaching they are in buying, in selling, how having and I craving in the things of this life, how hardly any work of mercy and charity comes off with them, how they let their brethren starve, and die, and perish, rather then help them, and how bountifull, free, and liberall, the very Heathens have been, and how beneficiall even Papists, and many that do not so much as pretend to Religion, are to the poore, and therein I confesse, he spake too true, but the Devill himself speaks truth, to wound and destroy it, not to promote and propagate it, by this means he cunningly insinuates the discredit and disparagement of that, that is called Religion amongs us, and the Professors thereof.
Secondly, that he might likewise procure the second grand design, and desire of his soul, viz. the trouble, misery, and ruine of this Common-wealth, in respect of those that now have, and formerly of late had the government thereof in their hands, he takes notice of the neglect of the Parliament in regarding and incouraging their friends, how they do not at all consider the pressures of those that have stuck unto them in their straights and difficulties, how they bestow places of profit upon the rich, and prefer themselves and their children, and kinsmen in places of greatest profit and advantage, how the great things that have been done for the Parliament, have been done by the meaner sort of men, and that by helping them they are now become low and poor, and not at all regarded, &c. by this means he raiseth up and increaseth discontents and ebullitions of spirit, heart-burnings, and repinings against the present Governors.
Thirdly, having somewhat heated them by the meanes aforesaid, then he insists upon the unworthinesse of our times, in making riches, and estates, and the things of this world, the great badge of distinction between man and man, the Characteristicall token of mens fitnesse for Government, and that it will not be well, untill such time as men shall be eligible into places of trust, that are vertuous and able, though poor and low in this world; and that Butchers and Coblers be chosen into the places of Magistracy and Government, as well as others that are rich in this world: These kinds of plausible discourses are very pleasing, and take much with discontented men that are poore and weak in estate, and withall shallow and injudicious, now they begin a little to swell, and be much conceited in, and of themselves: this done, Fourthly, he is very frequent and diligent, in fomenting the consideration of the disproportion and inequality of the distribution of the things of this life. What an inequitable thing it is for one man to have thousands, & another want bread, & that the pleasure of God is, that all men should have enough, and not that one man should abound in this worlds good, spending it upon his lusts, and another man of far better deserts, not to be worth two pence, and that it is no such difficulty as men make it to be, to alter the course of the world in this thing, and that a very few diligent and valiant spirits may turn the world upside down, if they observe their seasons, and shall with life and courage ingage accordingly.
These are his methods in seducing the indigent and poorer sort of men. Againe, those whom he apprehends of passionate, cholerike, froward, and peevish dispositions, of putting forth bold and daring language, and withall weak, shallow, and injudicious, and yet men that are honest hearted in the maine, true to the interest of the Common-wealth, and zealous against tyranny and oppression, he handles after this manner.
First, he is ever blowing up their spirits by daily discourses of the pressures, burthens, rates, & taxes of the poor people of this Nation, Excize, Free-Quarter, Customes, &c. are the subject-matter of his daily talk.
Secondly, the next thing, is the consideration of the Cause hereof, and they are still those that are in places of Trust and Authority, and this is one of his most constant, certain and uniform customes, to foment jealousies against the most active, prosperous, and successefull persons of the Nation; urging, that it was ever known, that men, under pretence of zeal for Religion, and the interest of good people, have gotten into credit, and thereby lifted up themselves, endeavouring to destroy others under a pretence of Justice, and doing righteous things, that they may exalt themselves, and set up their own faction, and promote their sons and their daughters, their nephews, and their kindred, ever blemishing the repute and credit of the most famous and deserving men of the times.
Thirdly, this done, the Remedy is to be considered of, and this must be by remove (by some means or other) of those persons, adjudged the cause of all our troubles, and miseries, and because he knows that they cannot bear the thoughts of assassinations, murdering and killing of them, (especially at first) therefore the pretended miscarriages of these men must be printed and published to the world, and these books must be dispersed among especially the known well-affected and forward party in all places, to which end it must be so ordered and managed, that these books may be upon free cost abroad in the Countries, and all those places and Counties especially that are adjacent to the City of London, and do most abound with honest and wel-affected men, as Hertford-shire, Buckingham-shire, Cambridge-shire, &c. that so there may be a generall distaste and dis-affection among that sort of men against them.
Fourthly, when he hath by this means wounded the repute and credit of the most faithfull and successefull Patriots of the Commonwealth, representing them as the chief and only cause of the pressures, troubles and perplexities of the times, &c. and by this means raised the heat, fury and passion of this sort of men under present consideration, then (as if all the bonds of piety, civility, modesty, education and discretion were broken) scornfull, scandalous, opprobrious, false and clamorous reports are suggested and raised against these men, and happy would it be for this Nation that these men were rid out of the way.
For a further confirmation of the truth of these things, take some few instances which follow.
This Mr. Walwyn, to work upon the indigent and poorer sort of people, and to raise up their spirits in discontents and clamours, &c. did one time professe, he could wish with all his heart that there was neither Pale, Hedge nor Ditch in the whole Nation, and that it was an unconscionable thing that one man should have ten thousand pounds, and another more deserving and usefull to the Commonwealth, should not be worth two pence, or to that purpose.
At another time discoursing of the inequality and disproportion of the estates and conditions of men in the world, had words to this purpose, That it was a sad and miserable thing that it should so continue, and that it would never be well untill all things were common, and it being replyed, will that be ever? Answered, we must endeavour it: It being said, That this would destroy all Government; Answered, That then there would be lesse need of Government, for then there would be no theeves, no covetous persons, no deceiving and abusing of one another, and so no need of Government, &c. but if in such a case they have a form and rule of government to determine cases, as may fall out, yet there will be no need of standing Officers in a Commonwealth, no need of Judges, &c. but if any difference fall out, or any criminall fact be committed, take a Cobler from his Seat, or a Butcher from his Shop, or any other Tradesman that is an honest and just man, and let him hear the case, and determine the same, and then betake himself to his work again.
At another time, discoursing of Printing, and educating Children, &c.: Wisht that Printing had never been known, adding, that since this practice and custome of teaching of Children, and bringing up of youth in learning Tongues and Arts, the world hath been more troubled with suits and quarrells, discontents and divisions, and that one man having more abilities of this kind then another, men have got into great places, and this hath made such distinctions and divisions in the world, which otherwaies had never been known; or to this purpose.
Again, to ratifie the truth of his proceedings, in raising up the spirits of the violent, furious, and passionate sort of people, against well deserving men, take these instances.
In the beginning of our troubles, he hath frequently vented base and unworthy jealousies against that honored Col. Hambden, Mr. Pim and others, whom God made happy Instruments of the good of this Nation, envie it self not being able to blemish them, yet did he insinuate, that there was no trusting them, for they might be dispenced withall, to serve the Kings interest, &c.
What his invectives have been again L. Gen. Cromwell, Commissary Gen. Ireton, Col. Harrison, &c. is notorious to all that have had intimate acquaintance with him.
That he might stirr up the passionate and froward spirited people to work mischief, having raised up their heat and distemper, speaking of the obstructions of the good of the Nation by the house of Lords; Pish, said he, here is a great deal of stirr indeed, about Lords, the Switzers did cut the throats of about forty of them in a night, and had peace ever afterwards.
One of his presumed intimate friends assures of the truth of this story following, which was indeed the cause of his deserting this Walwin, and some others, with whom he had formerly some familiarity, the story is this, viz.
That there was an absolute design by some Agitators at Ware, to murther the Lieut. Gen. Cromwell, concluded upon, and the manner thereof agreed upon, to be thus, the Agreement then concluded upon should be worn in the hats of their Party, and a short Petition of about six lines should be presented to the Lord Generall, Petitioning him to joyn with them, in declaring that they were the Supreme Authority of this Nation; and that upon this ground, the People made the Parliament, the Parliament made the Lord Generall, and the Army, the severall Regiments of the Army made the Agitators, and so they were the supreme Authority, and if the Lord Generall did refuse to joyn with them, they were presently to unhorse him, resolving to destroy and cut the throats of all that did oppose them; and that night, with a Party of Horse, at 12 of the clock, they were to seize upon L. Generall Cromwell, and to shoot him to death, adding, that he should never know who hurt him; and that then they had a Charge ready framed against the King, which they would effectually prosecute, and require the Parliament to joyn with them, resolving to cut the throats of those that should refuse the same. The same Party assures also, that that very night when this should have been done at Ware, the private Committee did meet, with an expectation of the news of the successe of this bloody project; but news came unto them before it was expected, that the whole design was broken, and the manner thereof, viz. L. Gen. Cromwells carriages, with his naked waved Sword, daunted the Souldiers that had the paper in their hats, made them pluck it out, and subjected to commands, &c. to their great dejection and trouble.
The Party informing of this cursed design, was not a member of the private Committee, being a man (known) of more tender conscience, then fit to be admitted into such secresies, but being of a more common meeting, he had the businesse discovered unto him by another, as he is ready to assert.
Having spoken of the particular wiles and waies of this deceiver, touching the subject matter of his attempts, viz. the seducing of the honest and well-affected Party, the manner thereof, viz. his cunning, crafty, and politique observation of their severall tempers, constitutions, complexions, qualifications, and conditions, and his various and suitable application of himself, to gain upon them accordingly, having wrought upon them all to a free and voluntary disposition and inclination to hearken to his counsells, and to stand (as it were) at his right hand to receive his impressions, and orders, which you must still believe, are in order only to the publique good, common freedom, & safety of freeborn people of England, to the pulling down of Oppressors and Tyrants, he hath his severall works and employments for them all; according to every mans aptnesse & fitnesse for the same.
Those whom he observes men of parts, witty and good language, quick apprehensions, able to bridle passions, free from heat and choler, of a composed deportment and behaviour, and withall retensive in keeping secrets, &c. these are of his intimate society, commerse and familiarity, and shall be employed in observing the fitnesse and aptnesse of men for their proper employments, these shall be of the whispering house, close Cabinet, and privie Councell, and their work shall be the encreasing of that Party in the City and Country, whose Letters by the advantage of a politique and crafty Pen may propagate and help on their work in the severall Counties.
Those that are of more bold, peremptory, pertinacious conceipted Spirits, of fierce, daring, and provoking language, apt to heat, choler and passion, and withall shallow, weak, and injudicious, not able to see skin-deep into state affairs, and presuming themselves the best Common-wealths men, the greatest Statists, the onely lovers of their, Countries Liberties, the freest men from self-interest, and therefore the fittest for places of authority and trust: These shall trumpet out matter of discontents, jealousies, and pretended miscarriages of those that are in Authority, how basely things go; what oppressions, taxations, and vexations the poor people do endure? how this poor betrayed Nation is bought and sold? how the cutting off of some Tyrants do alwaies make way for more and worse to succeed them? how nothing is done for the Common-wealth? how basely the Treasure of the Kingdom is imbezeled? how Parliament men vote monies out of the purses of the poor ridden people into their own? how they share the riches of the Nation amongst themselves? how to day they vote this Parliament-man into a great Office, and to morrow another! and how they do nothing for the Common-wealth, but vote one another into places of power and profit! how that though to abuse and cast a mist before the eies of the people, they make a self-denying Ordinance, yet suffer no man to put it in execution! how they promote their kindred and allies into great places every where; if any use be for men in Customhouse, in Excise office, or in any other places of profit, this and that Parliament-mans friends, or brothers, or sons, or nephews must be the men; nay, Parliament men and their Allies have place upon place, and office upon office, as if they had severall bodies to be imployed at one and the same time? What’s become of the infinite sums, the unconceivable treasure of the Nation? the late Kings Customes, Ship-money, Coat and Conduct monies, Monopolies, &c. were nothing to the Customes, Excize, Taxations, Free-quarter, Sequestrations, Papists moneyes, Bishops Lands, Revenues of the Crowne, besides all the Plate and Monies lent freely by the people, and yet nothing done; nay, how many for their zeal and good will to the State have lent freely and bountifully, thereby beggering and undoing themselves, and now cannot receive one penny to buy them bread, but may lie begging, petitioning, and starving at their doors, and cannot be heard? nay, it may be have nothing, but course, hard and cruell language from them; how one faction tears the Common-wealth, and share it among themselves one while, and another, another while, neither of them regarding the ease or greevances of the poor people all this while, and what have they done since this purge and that purge? they have voted the continuance of Tythes, the laying of more Taxes and Rates, they imprison honest men, &c. these and the like charges are belched out from day to day by these men: this is the main matter of their discourse, writing, printing, &c. never considering how far true or false, what may be said in answer to any of these things, but blowing and blazing these clamours and complaints in all companies and places where they come, and where they can by writings, or otherwaies spread them abroad, and for this purpose they have a very singular advantage of the good will and affection of our weekly newsmongers, the Tuesday-Moderate, the Friday-Occurrences, who were easily intreated to spread abroad their late Manifestation, that their simplicity, piety, and innocency, and the Parliaments oppression, cruelty and tyranny might be the better known to the whole Kingdom, and Malignants hopes revived again, that at last these may restore them, &c. This raiseth up a spirit of contempt, envy, and malice, anger & discontent, against the Parliament, & all that they do.
For those that are poor, indigent, and low in the world, these likewise must spread abroad their complaints, the deadnesse of Trading, the dearth of the times, the great burthens, assessments, and taxations; These are all through the neglect and by means of the Parliament, all burthens, rates, and services are laid upon them, they beare the heat and burthen of the day: but they are trampled upon, and is a peece of policy in men of great places, to keep the poor low, and needy in the world, and that this course must not be suffered, &c.
These and the like have been the particular ways of this cunning Artist, in abusing simple-hearted honest men; briefly the seeming tendency, drift, and scope of all his Agitations have carryed the face of many fould design.
First, to root out Religion and the principles and power thereof, out of the judgments and consciences of those that hearken unto him, witnesse those former Methods & Instances given in order thereunto.
Secondly, to root out the generation of honest, godly, religious and consciencious sort of people, whom he pretends to love above others, by putting them upon such waies and projects, which if they take place, would render them the most unsufferable generation in the world, not fit indeed to live in a Common-wealth: and what can his design herein be, but to precipitate them into their own ruine and destruction! and these are his Methods to that purpose.
First, to propose singular good things, and very promising, to the Common-wealth: And indeed, either he receives his instructions in some underhand way from others, (for we are not without ground, to suspect such a thing, as shall be declared as occasion Serves,) or else he hath a politique and crafty head in contriving, pretending, ordering and mannaging Propositions of that kind; This advanceth and magnifieth him in the thoughts and opinions of his seduced Disciples, for a man of admirable and good affections to the Common-wealth, to publique liberty and universall good: and withall, of admirable parts, capacities, and abilities, and therefore very fit for places of government, and worthy to be listned and hearkned unto.
Secondly, for the effecting of those things, and bringing them to passe, they must be tendered to the Parliament by the well-affected in Petitions, For what way is so meet for the people as petitioning, and what can those that are in Authority do lesse, then grant them just things, that every mans judgement calleth good? And here is one of the great Masterpeeces of his craft and subtilty, viz. in the framing, ordering and managing their Petitions.
First, the Phrase, Stile and Dialect of these Petitions must be always harsh, unpleasant, and in case if denied, menacing and provoking, representing the Petitioners, froward, imperious, passionate, furious, positive and implacable, men of low and mean birth, breeding and quality, proud, heady, high-minded, vainglorious, giving out themselves to be alwaies the well-affected party, by whom, chiefly and mainly, if not only the Parliament have been chosen, maintained, preserved: as if the whole burthen of the charges, and service of the Warrs, was undergone by them, and by none else.
Secondly, The matter of those Petitions must not contain apparent good things in themselves only, but alwaies mingled with some things very doubtfull and questionable, causing many disputes, debates and meetings hereabout.
Thirdly, They must alwaies be clog’d and fild with such things, which though in themselves desireable, and (were they attained) hopefull and promising to the well-being of honest men, and the interest of the Nation: yet unseasonable, being of the greatest and remotest probability (as things stand) to be procured: insisting with most importunities in plainnesse and peremptorinesse of words, upon such things: not contenting themselves with those which are directly previous and infallibly conducing thereunto: but having a speciall eye, either at the present incapacity of the House, (by reason of diversities of judgements amongst themselves, the inabilities of the Nation in generall, the variety of the providences of God, in ordering the affairs of the Common-wealth) to grant such things, though happily they themselves desire it, yet with much impetuousnesse, they commandingly pray, and proudly petition for the same, now his game is started and he merily pursues it.
First, He hath divided the quondam united petitioning party, by the framing, phrasifying and ordering these Petitions, some being for, others against the same, now heat, jealousies, differences arise, one party censuring the other (with hard words) for cowardice, dastardlinesse, and basenesse of spirit, these are our prudentialists, our wise, moderate men, that can never find a season to do good for their Countrey, Is it not time to speak out? shall we always be meal-mouth’d, and never speak plain? If this be not a season? when will it be? are not the things just we desire? if they will not grant them, we may see what to expect from them: Again, the other party looks upon them as rash, heady, incogitant, fiery, furious spirited men that are like to bring all to ruine and confusion, &c.
Secondly, the House is hereby unwillingly precipitated and hurried upon one of these inevitable rocks: either by granting their Petitions they must obnoxiate themselves to the disgust, displeasure, and irritation of the generality of all sorts of the people of the Land, as also to the dangerous consequences of the pride and ambition of these men, puft up with their vain and vapouring conceipts, that they must not be denyed, though their Petitions be never so peremptory, positive and commanding, or else,
Secondly, by denying them, they must undergo the hard, uncivill and unworthy Censures of these hot spirited Petitioners, viz. the Parliament, what is it? a company of base self-seeking fellows, a pack of knaves, as reall Tyrants as the King and his Patentees, a generation that will never do good to this Nation, that deserve no better at the hands of the people, then Weezils, or Polecats: this Mr. Walwyn himself, discoursing with others about modelling & framing Petitions, so as to induce the Parliament to give a gratious answer, protest to this purpose, that it would be better for the people, that the Parliament should deny, then grant their Petitions, for then they would discover themselves what they are, and what the people must expect from them; if any man shall revise all those Petitions, whose modell was the birth of his brain, he shall find them spirited, with such provocations, as have the greatest extention to all considerable Parties throughout the Nation; that the Magistrates may be provoked, their power must be taken away, the rigour of the Lawes abated, as inconsistent with the liberties of a free people, they must have no power to impresse or constrain the people to arms by Sea or Land, &c. in short, leaving them nothing but the bare ayrie empty title of a Magistrate without power, and this pleaseth the rude and vicious sort of people; again, the Ministers must be provoked, and thereby the Pulpits fiered, by taking away their maintenance under the name of Tythes, no other way or means propounded, to encourage the preaching of the Gospell, whereby this ayery, vain empty thing (so reputed by this man) called Religion, may be exploded and expelled the Nation; this pleaseth the ignorant, simple and covetous Party; the Lawyers they must be provoked, by pretending the uselessenesse of them in a Common-wealth, which pleaseth the irregular, quarrellous and offensive part of the people: The Merchants must be provoked by complaining against their Monopolizing of Trade in their own hands, and not admitting a free people to a free trade; it would be no hard matter clearly to discern an exasperating irritating & irascifying spirit in all their Petitions whose apt, natural & genuine tendencies are to kindle flames distempers, divisions, jealousies, & discontents amongst all sorts whatsoever.
Whether these former considerations do not meerly demonstrate his design of mischief to the honest and well-affected party, let any mans reason determine; as for the interest of the people, the freedom and Liberties of the Nation, (the great desire of his soul, and the travell of all his conceptions, if you will beleeve him) when any man shall seriously observe that the bent and naturall genius of all his solicitations are the division of the honest party, the alienation of their hearts from, and malignifying of their opinions against, yea, the utter ruine and destruction of the successefull and faithfull instruments of deliverance and safety to the Nation, his uniform hindering and obstructing, by his manifold wiles, the happy progresse of the compleat interest, deliverance and freedom of the people, when the Parl. and Army are in a hopefull capacity thereunto, his constant retarding and endeavours of preventing the execution of those very things, when in a hopefull way thereunto, which he formerly seem’d most eagerly, and with all his soul and might to pursue, his constant quarrelling with, and exciting his followers against, those that at any time, since this Parliament began, have the publike rule in their hands: he, I say, that shall impartially and in the exercise of his reason, observe these and many the like uniform, certain, and constant proceedings of this man, needs not be to seek how to make a most probable, if not indubitable judgment upon him in that point.
I shall only in a word adde one thing more, and leave him, and that is his constant endeavour to hinder the relief of Ireland, by exhibiting arguments and reasons in justification of that bloody rebellion, and in puzzling the judgements and Consciences of those that otherways would promote that happy work, arguing that the cause of the Irish Natives in seeking their just freedoms, immunities, and liberties, was the very same with our cause here, in indeavouring our own rescue and freedom from the power of oppressors, waving the consideration of that damnable, bloody, and unparalleled massacring, murthering, and starving so many thousands of poor Protestants, whose blood, it seems, this devout Manifestator, Mr. Walwyn judgeth not worthy, so much as to be enquired after, but God, I hope, hath, and will so discover the folly, falsenesse, and deceits of this man, that he shall proceed no further in seducing and deceiving the honest and plain hearted people, that have been apt to hearken to him.
As for L. C. Jo. Lilburn, I am very apt to beleeve, and hope, that there are yet some seeds of God remaining in him, which (though for the present very strangely subdued, and kept under the clouds of ambition, heat, and choller, passion, frowardnesse, and heighth of spirit, pride, vain-glory, and affectation, rendring him for the present fierce, heady, high-minded, lofty, peevish, revengefull, implacable, very unlovely, and unlike our Lord Jesus, to whose service he doth pretend,) will (notwithstanding all this) at last break forth in beauty & strength, in much sorrow, repentance, and humiliation, in much humility, meekness, and sweetness of spirit, in much gentlenesse, patience and long-suffering, in much wisdome, prudence, and lowlinesse of mind, which will at last grow up and ripen unto a rich and plentifull harvest of honour and praise unto God, of much complacency, satisfaction and contentment to his grieved and offended brethren, of much inward, comfortable, and contentfull communion and fellowship with the holy Spirit, and of his eternall peace, life, and salvation with God, hereafter, which (the Judge of, all hearts doth know) is the longing of my soul in his behalf.
As for Mr. Prince I have no acquaintance at all with him, but have heard a good report of him, and am very apt to believe the same, for he is not the first good man that hath been seduced by the sleights of men, and therefore the cognizance that I have of M. Lilburn, and the reports I hear of M. Prince, have incouraged me (as presuming if I am not deceived in the one and the other) to render to them some few considerations, confidently believing, that the serious and Christian contemplation therof, by vertue of that Spiritualis tactus, that, I hope, is upon their hearts, will prove through the blessing of God, a means of meekning, softning, and framing their spirits, unto a peaceable, quiet, and amiable disposition, life, and conversation.
Omitting then the consideration of the violent, furious, and fiery language, especially of M. Lilburn, together with the roughnesse, rigidnesse, and licentiousness of his tongue and pen, in abusing, knaving, and rascallizing (after a most furious and unchristian manner) those that have given as ample testimony of their integrity and faithfulnesse to this Nation, as ever any that was bred therein, as also of their innocency in those very things (viz. self-seeking, self-interest, &c.) whereof they are accused, having as great advantages, seasons, and oportunities hereunto, as ever men had, by the many and great victories, successes, and forces vouchsafed unto them, and under their command, whereby they have (through the presence of the Lord with them) pull’d down the pride and power of the enemy, and might have had what terms they pleased, for the particular advantage of themselves and families, would they thereby have been wooed, perswaded and wrought upon to a base and unworthy compliance, the lustre, brightnesse, and glory whereof, doth most powerfully break through all those clouds, fogs, and mists, ascending from the ranker, malice, and discontents, clamors, falsities, and scandalous tongues and pens of these men, to the generall satisfaction of wise observing and considering men, having not only the testimony of God and their own consciences, but even of those, whose occasions, condition, and conversation, have given them an oportunity of a peculiar, daily, and constant inspection and observation of their wayes, by means whereof they can laugh to scorn those irrationall accusations against them from day to day. I say, omitting these things which may be insisted upon, consider, (whereas you are still complaining of oppressions, sorrows and troubles of the Nation) that we cannot upon any rational & Scriptural ground, expect a compleat, full, absolute, and perfect freedome from all kind of pressures and grievances in the Land, surely a naturall and compleat freedome from all sorrows and troubles, was fit for man only before he had sinned, and not since, let them look for their portion in this life, that know no better, and their Kingdome in this world, that believe no other, to what end are the graces of faith, patience, and self-deniall, vouchsafed unto us? what need would there be of the ordinances of prayer, of the promises of the comforts of the Holy Ghost? what should we make of those sayings of Christ? asserting, That in the world we shall, have tribulation, That through many afflictions we must enter into the Kingdom of God, That here we have no continuing City, but we look for one that is to come, &c. if we might expect perfect freedom here below.
Again, consider whether your tongues, your pens, your bookes, should not as well savour of the sence of mercy received, as of complaints of what is wanting, though the sorrows, troubles, and grievances of the Nation be great, yet have we no cause of thankfulness to God and men for his mercy, and their assistance? what had become of this Nation, had not God stirr’d up those very men, which are the men of your complaint, to interpose between it, and the power, wrath, and malice of the contrary party? and is it not hard measure, when for all their hazarding and jeoparding their lives in the high places, under all disadvantages of numbers, powers, and strength, as you know they did, that you, even you, brethren of their own party, should reward them as now you do, could you bear it your selves?
Again, consider, that the best of men, are but men at best, and will you give no allowance for flesh and blood? doubtlesse, these men of your anger have their spots, for they are but men, but have not you yours? if they are such as you give them out to be, viz. base, tyrannicall, false and rotten-hearted men, will not God find them out, as he hath done in our eyes? yes verily: and so will he find you out, if you be like them, but if you think they are upright in the maine, pity them, pardon them, counsell them, and pray for them, as the like measure is meted out for you: can you presume that perfection and temptation can dwell together on this side the grave? Have you no covering for infirmities? Make it your own case; was there no tang of pride, vain-glory, tyranny and oppression in your L. Col. John Lilburne, when you were lifted but some few degrees above your brethren, and fellow-Souldiers in the Army? Will all men give testimorty of your meekness, wisdom, goodness, gentleness, that you were free from self-seeking, using no Lordliness over your poor souldiers, not the least tincture of fingering their dues, rights, liberties? can you think that had you that power, place, & authority in the Parliament, Army, &c. which these men have, that you would do better for the Common-wealth then they do? if so be such vain conceits do swel within you, recollect your self, & bear the language of a friend, what means then the imperious Magisterial Dialect of your tongue & pen, that you cannot bear the least-dissent from your opinion or judgement without flying beyond the bounds of your present station, yea, and civility, and good manners, but your tongue let flie: Knave, Rascall, Ile have his ears, Ile have his blood, &c? could you bear contradictions having power in your hands, & cannot indure the same, no, though it be in matter of opinion about State-affairs, when you stand upon the lower ground? Have not men hereby cause to presume you as full of tyrannicall principles, as a fish is full of spawne? Can you tread upon the necks of Princes and Rulers, while you are upon the dunghill, and would not doe the like even to Peasants if you sate upon the Throne? though you seem to blesse your selfe from day to day in that you can steal away the hearts of the people from the Parliament and Army, as Absalom did from David by your pretended zeal for the Liberties of the poor oppressed people, saying to the disturbed and grieved thereof for want of just administrations, as he did, 2 Sam. 15. 2, 3, 4) Of what City are you? of one of the Tribes of Israel: your matters are good and right, but there is no man to hear you: O that I were made a Judg in the Land, that every man that hath any suit, or cause, might come unto me, and I would do him right: The Free-born People of England, how are they oppressed, wronged and abused? No man judgeth their cause. This must be mended; we will have this, and that, and the other thing done, that will ease and please the people; and may happily gather together such a number as he did, about 4. hundred silly, shallow, heady, hasty and simple-hearted men to the Kingdoms trouble and their own mine; yet be perswaded in fame, for you cannot prosper; surely your spirit, your language, your dialect, stand at such palpable, plain, and open defiance to that spirit, which breatheth in the Scriptures, & in the hearts of those that fear God (out of whose number I do not exdude you, though as I said before, very strangely are the symptoms of godliness kept down in you) that you cannot, you shal not thus go on, and prosper, no notwithstanding your crafty methods & art, which you use to incense and stir up the poor ignorant Country, by sending your Papers, appointing this man to spread them abroad in this part, and that man in that part, this man in this parish, and another in that, exercising the like skil for infection of several Regiments, Troops, and Companies of the Army, by means whereof you boast of your thousands and ten thousands to stand to you, swelling up your vain spirit to that height, making you forget what you are, yet let me tell you, that all this while you are but making matter of shame, sorrow, and repentance for your self, and however you may be puft up with the airy, empty, vain & flattering words of those that applaud you, and cry you up for a valiant & brave spirit that hath withstood Kings, Lords, Commons, Army, fearing neither men or devils in your Countries Cause, the wind wherof may blow you up & down as a cloud without water, and make your sails swel beyond your vessel, yet wise judicious & seeing men do evidently perceive you vainly hurried to the very brink of an inevitable precipice, from whence (if not prevented by a gracious hand of mercy from on high) you will certainly fall into shameful issues, as Absalom did, to the grief & trouble of your real, though not flattering friends: if therefore you have any bowels of compassion to your native Country, in whose behalf you would seem even to be eaten up with zeal, do not hinder the happines therof, by gratifying Malignants, whose only hope is you and your party, who rejoyce in your mad and furious proceedings, and take pleasure in your folly, and do boie you up with vain, empty, and windy words, seeking your own, and your brethrens ruin, & would rejoyce to see us all destroyed and hang’d together: Do you think your Manifestation (wherein you would make them beleeve that you never have been any way violent against the persons of the King and Queen, or their party, though I confess I wonder with what face you could so speak) doth satisfie them? no doubtless they know you well enough, and you shall know it, if an opportunity serves them. Are you indeed lovers of your Country? why then do you hinder the peace & happiness thereof by your present Commotions? Are you indeed the servants of the most high God? where is his image? Are you the Disciples of Christ? where is his meekness, patience, gentleness, long-suffering goodness? Are you flesh of his flesh, and bone of his bone? where then is your love to his people? Can you make wise and judicious men to believe your great protest zeal of your love to good men, while you hinder the relief of Ireland, (though I now speak not to M. Walwyn and M. Overton, because I fear they have not hearing ears in matters of this nature,) yet, can you M. Lilburn and M. Prince bear the thoughts of so many thousand Protestants (amongst whom who can tell how many faithful servants of God) murthered & massacred without any inquisition made for their blood? nay, that all that remain of that generation must give up themselves to be butcherd and slaughterd by those sons of violence, and shal have no assistance? Could it enter into any mans heart, that L. Col. Lilburn the grand Zealot for honest mens interest should ever be so baffled with vain glosses, Jesuitical, notorious and cunning Sophistry, as to be perswaded to hinder the relief of Ireland? Do not the screeches and cries of those slaughtered men, women and children fill your ears, their sprawlings and gaspings appear in your eyes, while you hinder the just vengeance upon those barbarous murtherers? What’s become of those wonted bowels of love and affection to the honest party that did sound in you? are they restrained? can you resolve not only to deafen your ears to the cry of the dead for Justice, but will you stop them also against the cry of the living for mercy that are like to be slaughtered for want of relief? What Malignant, what Papist, what Jesuit, nay, what Devil, under the notion of an Angel of light, hath thus bewitcht you, that you cannot see the crafty jugglism and Jesuitism of your present transactions? Do you not perceive, nor yet understand that under the pretence, shape, and vizard of zeal for your Countries good, you are furiously hurried and blindly cheated into such actions that threaten its ruine? Will the raising up of a third War, the utter extirpation of the Protestants in Ireland, the dividing, rending, and breaking Englands Army, the heating, fiering and enflaming the spirits of the honest and united party, the raising, increasing and multiplying difficulties and troubles in this very juncture of time, when all contrivances, plots and projects that malice it self can study and invent by Sea or Land to prevent and hinder the hopeful change of the late Government for the happy promotion of the Liberties and Freedom of the people? Will these things, I say (the proper tendencies of your present practises) promote the Peace and Interest of England? Or can they be any other then the unhappy birth of the Romish, Malignant, Jesuitical and Satanical Faction? And shall L. Col. John Lilburn, and Mr Prince, protest friends to Englands Interest, adjutate, help and promote the same? Or speak plainly, Have you quitted the tents of Israel, and struk hands with the Philistins? Is your quondam Religion and protest experiences thereof like salt that hath lost its savour? Is it now fit for nothing but the dunghil? Do you make no other use of your old profession then to retain your credit with your quondam companions for your more easie & quick dispatch of their utter ruine, by the course you take, that so you may do their grand Enemy and his party the greater work in a little time; if these things be the abhorring of your souls, what means your present practises? Destroy the Parliament and Councel of State, break the Army in pieces, set the Souldiers against the Officers, tell them ’tis Tyranny to be under the martial Discipline, (though under pay) hinder the relief of Ireland, make way for the Rebells to come over hither, let French, & Danes and Devils come with them; do not you think that all this will promote Englands interest, the Gospels through-fare, and happy successe, the peace and prosperity of Honest men? and have not your present ways, a direct face, yea, and a swift foot after these things? or hath the spirit of Tinmouth Lilburne, possessed you, that you have resolved to betray the interest of the whole Nation into the hands of the revengefull Enemie. Well, if it be so, you are about a work which will devour the workman. For all they that hate Zion shall be turned backward and perish.
Postscript
The foolish, vain, inconsistent, malicious, and contradictious Scandals, falsities and absurdities of the late Pamphlets, subscribed by these men, are so plain, dear and obvious, that it would reflect disparagement upon thy judgment, and difficiency upon thy observation to insist upon the same, nevertheless because they are a high-flown generation, presuming that unanswerable which others judg intolerable, and mens discretion in slighting their folly insufficiency to refute the same, thou shalt (as occasion is offered, if thy nostrils can bear it) see the boyls and botches of their ulcerous pens lancht before thee, wherein thou mayst expect such heighths of confidence, and depths of ignorance, such impudence and arrogance, such substantial vapors, such true falsities, such shallow deeps, such real vanities, such irrational reasonings, such dividing propositions for the settlement of peace, such reedy pillars for the establishment of the State, such warring principles for the Peoples Agreement, as it is hard to say, whether will move thy pity or laughter; but when men turn apostates from God, scoffers of Religion, deny the Scriptures, neglect, contemn, and despise the means of Sanctification, grow haughty, proud, vain-glorious, passionate, froward, fierce, fiery, &c. they’l at last make nothing to strike hands with the Devil and his party, Atheists and Papists, and prophane Malignants, no longer help the Lord against the mighty, but the mighty against the Lord, betray Ireland, settle the Prince upon the English throne, ruine the honest interest of the Nation, and then
T.290 [1649.04.25] (M11) Francis Rous, The Lawfulness Of obeying the Present Government (25 April, 1649).↩
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Bibliographical Information
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Source or Full titleThis tract was originally published as part of The Struggle for Sovereignty: Seventeenth-Century English Political Tracts, 2 vols, ed. Joyce Lee Malcolm (Indianapolis: Liberty Fund, 1999). Vol. 1 </titles/810#lfMalcolmV1_head_752>.
THE
LAWFULNES
Of obeying the
Present Government
Proposed
By one that loves all Presbyterian lovers of Truth and Peace, and is of their Communion.
John 7.24
Judge not according to the appearance, but judge righteous judgement.
Printed at London for John Wright, at the Kings Head in the Old Bailey. 1649.
Estimated date of publication25 Aporil, 1649.
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Editor’s Introduction
If the attribution is correct it was at the age of seventy, after an already long career as a prominent Puritan divine, a member of Parliament, and a pamphleteer that Francis Rous wrote “The Lawfulnes of Obeying the Present Government” in defense of the new-modeled English government. He had set to work within a month of the publication of Parliament’s “Declaration,” and the tract appeared on 25 April 1649.
Rous was born in Devonshire, was educated at Oxford, and was step-brother to John Pym. In both religion and politics he was a vociferous member of the Presbyterian party. He already had published numerous religious tracts by the outbreak of the civil war. Shortly before the king’s execution he switched from the Presbyterian to the triumphant independent party.
Rous’s parliamentary career began with the first parliament of Charles I. He was to sit in every subsequent Parliament, including those of the Interregnum, until his death in 1659. In the Parliament of 1628 he was notable for his violent attack on Roger Maynwaring and “popery.” In the Long Parliament it was he who began the debate on the legality of Archbishop Laud’s new canons of 1640. He was speaker of the parliament of 1653. And in 1656 Rous was one of those selected to urge Cromwell to accept the crown.
Edition: current; Page: [395]The arguments Rous relied upon to urge obedience to the new regime were a break with the past. Rather than defending the legality of the Rump’s assumption of power, he argued that even an unlawful government could and should be obeyed. “It must not be looked at what he is that exercises the power,” he maintained, or “by what manner he does dispense it, but only if he have power.” Why? Because all power came of God. Moreover, not to obey those in power would cause chaos. In short, Rous turned to the arguments many royalists had used to insist upon obedience to the king. It was the most pragmatic sort of appeal, one Thomas Hobbes would endorse in Leviathan. “The Lawfulnes of Obeying the Present Government” was designed to win over the war-weary enemies of the regime. But despite its moderate tone, its arguments provoked a furor. Three replies were published within weeks, one of which is reprinted below. Within four months Rous brought out a second edition of the tract with additions, while a third edition was published in 1650. An expert on the pamphlets of the period judges that Rous’s was the one tract we can assume all his successors had read. The reasonable tone he adopted was one of his bequests to them. The first edition is reprinted below.
Text of Pamphlet
The Lawfulnesse of Obeying the Present Government.
A Declaration hath been lately published,1 wherein the grounds are exprest of setling the present Government, with which if any be not so far satisfied as to think that Settlement lawfull, yet even to such is this Discourse directed, which proposeth Proofes, that though the change of a Government were beleeved not to be lawfull, yet it may lawfully be obeyed.
The Apostle intreating of purpose upon the duty of submission and obedience to Authority, layes down this precept; Let every soul be subject to the higher powers, for there is no power but of God; the powers that are, are ordained of God; and hereupon infers, Wherefore ye must needs be subject not only for wrath, but for conscience’ sake. And that he speakes not in this place meerly of power or authority abstracted from persons, but of persons cloathed with that authority, appeares in that he saith; For, rulers are not a terrour to good workes. So that he speakes of persons ruling, as well as of the power by which they rule. And againe, He is the Minister of God, and they are God’s Ministers; & accordingly he directs Timothy, to pray for a blessing upon those that are in authority. Now if the Powers, Rulers, and those that were in authority in that time were ordained of God, and were to be obeyed for conscience’ sake, let us consider how lawfully they came into that power, rule, and authority. This Epistle most probably, if not certainly, was written in the time of Claudius Caesar, or Nero, the former of which banished the Jews out of Rome, upon which occasion Aquila and Priscilla came out to meet with Paul at Corinth: and by the sentence of the latter, Paul having made his appeale to Caesar finished his course, and passed unto a crowne of righteousnesse. And now, behold the lawfulnesse by which these two persons came to be invested in their power and authority.
Edition: current; Page: [397]Of Claudius Caesar the Story tells us this; After the death of Gaius Caligula, the Consuls and Senate of Rome entered into a consultation, how they might restore the Common-wealth to her ancient freedom, which by the Caesars had been taken from them. So that the taking in of an Emperour, and consequently of Claudius for Emperour, was directly against the wills and resolution of the Counsuls and Senate; yet these anciently for many hundred yeares had the chiefe power of Government. But see the way of Claudius his coming to the Empire; during the Interregnum, Claudius being frighted with the newes of Caligula’s death, and fearing himselfe might be enquired for upon suspicion withdrew, and hid himselfe behind the Hangings, or covering of a doore; where a Souldier seeing his feet, and desirous to know what he was drew him forth, and upon knowledge of him saluted him Emperour, though even then for feare falling downe low before him. This one Souldier brought him forth to his fellow Souldiers, who lifted him up as Emperour; and thus while the Senate was slow in executing their purposes, and differences grew among them, Claudius, who was sent for by the Senate to give in his councell concerning the common freedome, undertooke the Empire. Thus in one Souldier at first, and then in more, was the foundation of Claudius his Emperiall power, against the will, consultations, and endeavours of Consuls and Senate. And for Nero (his Successor) Britannicus, who was nearer of kin to Claudius, being his Son, was kept in by the cunning of Nero’s mother, and by the same craft Nero being brought forth to the Souldiery, was first saluted Emperour by them. This sentence of the Souldiers was followed with the consent of the Senate, and then it was not scrupled in the Provinces; so that the Souldiery was also the foundation of Nero’s Empire. Thus we see Rulers put by Souldiers into that power which is said by the Scripture to be ordained of God; and even to these Rulers men must be subject for conscience.
But passing from the Romane state to our owne; sure we are that Edition: current; Page: [398] in this Nation many persons have beene setled in supreame power and authority by meere force without title of inheritance, or just conquest. And it hath been observed by some that accurately have looked into our story, that not any three immediately succeeding each other, came to the Crowne by true lineall succession and order of blood. Neither is there any great difficulty in finding it, untill we come to Queene Mary, whose title being by an incestuous marriage,2 these observers say that Queene Elizabeth should have raigned in her stead. However, we are cleerly told by story, that five Kings on a row (of which the Conquer was the first) had no title at all by lineall descent and proximity of blood. The first came in by force; The second and third had an elder Brother living when they came to the Crowne; The fourth raigned when his Predecessor had a Daughter, and Heire living which was Mawd the Empresse; The fifth being the Son of that Empresse, raigned while his Mother was alive, by whom his Title came. But leaving these, and Edward the third who raigned in his Father’s lifetime, and the three Henries; fourth, fifth, and sixth, who raigned upon the Lancastrian (that is a younger Brother’s) Title, Let us more particularly consider Henry the seventh. This Henry came in with an Army, and by meere power was made King in the Army, and by the Army; so that in the very field where he got the Victory, the Crowne was set upon his head, and there he gave Knighthood to divers. And upon this foundation of military power, he got himselfe afterwards to be solemnely Crowned at Westminster. And soone after upon authority thus gotten, he called a Parliament, and in that Parliament was the Crowne entailed upon him and his Heires. Thus both his Crowne and his Parliament were founded upon power. As for any right Title, he could have none; for he came from a Bastard of John of Gaunt, which though legitimated by Parliament Edition: current; Page: [399] for common Inheritances, yet expressely was excluded from right to the Crowne. And for his wive’s Title, that came in after his Kingship, and his Parliament, which before had setled the Crowne upon him and his Heirs. And he was so farre from exercising authority in her right, that her name is not used in any Lawes as Queene Marie’s was, both before and after her marriage with the Spanish King. Now this and the rest who came in by meere power without Title of inheritance, being in their opinion who are now unsatisfied, to be held unlawfull, yet the maine body of this Nation did obey them, whilst they ruled, yea doth yield subjection to their Lawes to this very day. And the learned in the Lawes doe continually plead, judge, justify, and condemne according to these Lawes. So that herein the very voice of the Nation with one consent seemes to speake aloud; That those whose title is held unlawfull, yet being possest of authority may lawfully be obeyed.
And hereunto Divines and Casuists give their concurrence; among them one that is resolute both for Monarchy and lineall Succession, thus expresseth his judgement, both for seeking of right and justice from an usurper (whom he calleth a Tyrant, in regard of an unjust Title, not in respect of Tyranicall oppression) and for obeying his commands. First, that Subjects may lawfully seek justice of him; And secondly, that if his commands be lawfull and just, they must be obeyed. And another well esteemed in the Reformed Churches, is of the same judgement.
Pareus saith, That it matters not by what means or craft Nimrod, Jeroboam, got Kingdomes to themselves; For the power is one thing which is of God, and the getting and the use of the power is another.3 And after: The beginning of Nimrod’s power was indeed evill, as to the getting and usurping power, because abusing his strength, force, & wealth, he violently subdued others, and compelled them to obey; Edition: current; Page: [400] but not the power or force wherewith he seemed to be indeed by God, above others: And another more plainely. When a question is made whom we should obey; it must not be lookt at what he is that exerciseth the power, or by what right or wrong he hath invaded the power, or in what manner he doth dispence it, but only if he have power. For if any man doe excell in power, it is now out of doubt, that he received that power of God; wherefore without all exception thou must yield thyselfe up to him, and heartily obey him.
And indeed how can it be otherwise? For when a person or persons have gotten Supreme power, and by the same excluded all other from authority, either that authority which is thus taken by power must be obeyed, or else all authority and government must fall to the ground, & so confusion (which is worse than tituler Tyranny) be admitted into a Common-wealth; And (according to the doctrine of King James) the King being for the Common-wealth, and not the Common-wealth for the King, the end should be destroyed for the meanes, the whole for a part. If a Master’s mate had throwne the Master over Board, and by power would suffer no other to guide the Ship but himselfe; if the Marriners will not obey him commanding aright for the safe guiding of the Ship, the Ship must needs perish and themselves with it. And whereas some speake of a time for setlement, they indeed do rather speak for a time of unsetlement; for they will have an unsetlement first, and a setlement after. And whereas like doth produce its like; yet they would have an unsetlement to beget a setlement. They would have confusion, distraction, destruction, to bring forth order and safety. But the former Scriptures speake not of the future, but of the present time; not of obeying those that shall be powers, and shall be in authority; but the powers that are, and those that are in authority. Neither doe the Casuists and Divines speake of obedience to those that shall be setled but those that are in actuall possession of authority. Neither did our Ancestors in the former examples defer obedience to the Kings that came in by power Edition: current; Page: [401] without Title; but gave it presently, being presently vested and possessed of authority. Besides, let it be considered whether that may not be called a setlement, how soone soever it is when there is such a way setled that men may have Justice if they will, and may enjoy that maine end of Magistracie, to live a peaceable life in godlinesse and honesty.
And indeed when one is in possession by power, and another pretends a Title, what can the maine body of a Nation, which consists of the Common-people doe in this case? They cannot judge of Titles; but they see who doth visibly and actually exercise power and authority. Yea even Learned men, and Statesmen have been found ignorant of the former observations, of the not succeeding three in order of blood since the Conquest; and then how should the Common people know it? Yet further, even Peeres, chiefe Cities, Parliaments, and all having to one in every three, thus subjected themselves upon termes of power and not of right; what can be expected but that what hath been done, may or should be done hereafter? especially when in this present age obedience is given to the Lawes and Commands of those Princes? But some say that there are Oathes that justifie disobedience to the present Government. Surely Oathes are sacred bonds and reverent obligements, and where they doe not themselves leave or make us free, we are not to cut or breake them in pieces. Yet concerning these there are faults on both hands: On the one side the slighting of an Oath, (and such is the comparing it with an Almanack) which is a light as well as an unproper comparison; except it were such an Oath as was made only for a yeare; But we finde some part of the Vow and Covenant to speake of all the dayes of our lives, which doubtlesse may lie on many of the takers for many years. True it is that the obligation of some things may end, because they can no longer be kept, as that of the King’s person; for to impossible things there is no obligation: but will any man that understands, and favours Religion and Piety, say that the clauses which concerne Religion Edition: current; Page: [402] and Piety are expired? Did we promise to God in our severall places and callings, to extirpate Profanenesse, Heresie, and Blasphemy, and to endeavour a reformed life in ourselves and ours; only till our Enemies were overcome, and then to make an end? What were this but to say unto God, If thou wilt deliver us, we will be bound to thee till we are delivered and no longer? Would this invite God to deliver us from our enemies, or rather to keep our Enemies still in strength against us? Least we being delivered from our Enemies should not serve him in righteousnesse and holinesse all our lives. Surely this is too like that course of carnall Israel, of whom it is written, When he slew them, then they sought him, and they enquired early after God; but their heart was not right with him, neither were they stedfast in his Covenant. Much more piously and faithfully a reverend and truly spirituall Divine; A well grounded covenant is a sure, a firme and an irrevocable Act. When you have such an All This (and such you have) as is here concentered in the Text, to lay into, or for the foundation of the Covenant; the superstruction (is aeternitati sacrum and) must stand forever.
But on the other side there are other faults; such are the urging of an Oath or Covenant against enemies, and not against friends in one and the same Action; and if not altogether so, yet a slight and diminishing charge of it upon one, and a vehement and aggravating charge of it upon the other. Another fault may be, a stiffe insisting on one part, and a neglect, or at least silence in another part; as likewise when by event two parts of it come to be inconsistent, to chuse and inforce the keeping of the lighter or lesse necessary part, and to give way to the losse and not keeping of the greater. There is another, in racking an Oath or Covenant, to make it speake that which it meant not. And here it were good to consider, whether there be any clause in any Oath or Covenant, which in a faire and common sence forbids obedience to the commands of the present Government Edition: current; Page: [403] and Authority, much lesse when no other can be had, and so the Common-wealth must goe to ruine. And whether it forbids obedience to the present Authority more than to Lawes that have beene formerly enacted, by those which came into Authority meerly by power? If it be said that in the Oath of Allegiance, Allegiance is sworne to the King, his Heires, and Successors, if His Heires be not His Successors, how doth that Oath binde? Either the word Successors must be superfluous, or else it must binde to Successors as well as to Heires; and if it binds not to a Successor, that is not an Heire, how can it binde to an Heire that is not a Successor? And if you will know the common and usuall sence (which should be the meaning of an Oath) of the word Successors, you need not so much aske of Lawyers and learned persons, as of men of ordinary knowledge, and demand of them, Who was the Successor of William the Conqueror, and see whether they will not say, William Rufus; and who succeeded Richard the third, and whether they will not say Henry the seventh? And yet (as it appeares before) neither of them was Heire. So it seemes in the ordinary acception, the word Successor is taken for him that actually succeeds in Government, and not for him that is actually excluded. And as in Language the ordinary acception of a word is to be taken for the meaning, so that meaning is to be understood as most proper to have been taken in an Oath.
Yet withall this Quaere may be added; While the Son is in the same posture in which the Father was, how comes this Oath at this time to stand up and plead for disobedience in regard of the Son, that was asleep and silent in regard of the Father?
Thus have I gone towards peace (as I beleeve) in the way of truth; and as farre as it is truth, and no further, I desire it may be received. I also wish that those who read and examine it, may doe it (as I professe sincerely myselfe to have endeavoured) with a calme, cleare, and peaceable spirit, without prejudice or partiship. And I doubt not but Edition: current; Page: [404] to such upright seekers of Truth, Truth will appeare in a true shape; whereas partiall and prejudiced mindes speake unto Truth what they would have her speake unto them, and doe not heare her what she saith of herselfe.
T.272 John Milton, Observations upon the Articles of Peace with the Irish Rebels (May, 1649).↩
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Bibliographical Information
ID NumberT.272 [1649.05] John Milton, Observations upon the Articles of Peace with the Irish Rebels (May, 1649)
Source or Full titleThe Prose Works of John Milton: With a Biographical Introduction by Rufus Wilmot Griswold. In Two Volumes (Philadelphia: John W. Moore, 1847). In vol. 1 </titles/1209#lf0233-01_head_154>.
Estimated date of publication
May, 1649
Thomason Tracts Catalog informationabc
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
OBSERVATIONS UPON THE ARTICLES OF PEACE WITH THE IRISH REBELS.
ON THE LETTER OF ORMOND TO COLONEL JONES, AND THE REPRESENTATION OF THE PRESBYTERY AT BELFAST.
Although it be a maxim much agreeable to wisdom, that just deeds are the best answer to injurious words; and actions of whatever sort, their own plainest interpreters; yet since our enemies can find the leisure both ways to offend us, it will be requisite, we should be found in neither of those ways neglectful of our just defence: to let them know, that sincere and upright intentions can certainly with as much ease deliver themselves into words as into deeds.
Having therefore seen of late those articles of peace granted to the papist rebels of Ireland, as special graces and favours from the late king, in reward, most likely, of their work done, and in his name and authority confirmed and ratified by James earl of Ormond; together with his letter to Colonel Jones, governor of Dublin, full of contumely and dishonour, both to the parliament and army: and on the other side, an insolent and seditious Edition: current; Page: [425] representation from the Scots presbytery at Belfast in the North of Ireland, no less dishonourable to the state, and much about the same time brought hither: there will be needful as to the same slanderous aspersions but one and the same vindication against them both. Nor can we sever them in our notice and resentment, though one part entitled a presbytery, and would be thought a protestant assembly, since their own unexampled virulence hath wrapt them into the same guilt, made them accomplices and assistants to the abhorred Irish rebels, and with them at present to advance the same interest: if we consider both their calumnies, their hatred, and the pretended reasons of their hatred to be the same; the time also and the place concurring, as that there lacks nothing but a few formal words, which may be easily dissembled, to make the perfectest conjunction; and between them to divide that island.
As for these articles of peace made with those inhuman rebels and papists of Ireland by the late king, as one of his last masterpieces, we may be confidently persuaded, that no true-born Englishman can so much as barely read them without indignation and disdain; that those bloody rebels, and so proclaimed and judged of by the king himself, after the merciless and barbarous massacre of so many thousand English, (who had used their right and title to that country with such tenderness and moderation, and might otherwise have secured themselves with ease against their treachery,) should be now graced and rewarded with such freedoms and enlargements, as none of their ancestors could ever merit by their best obedience, which at best was always treacherous; to be enfranchised with full liberty equal to their conquerors, whom the just revenge of ancient piracies, cruel captivities, and the causeless infestation of our coast, had warrantably called over, and the long prescription of many hundred years; besides what other titles are acknowledged by their own Irish parliament, had fixed and seated in that soil with as good a right as the merest natives.
These, therefore, by their own foregoing demerits and provocations justly made our vassals, are by the first article of this peace advanced to a condition of freedom superior to what any English protestants durst have demanded. For what else can be the meaning to discharge them the common oath of supremacy, especially being papists, (for whom principally that oath was intended,) but either to resign them the more into their own power, or to set a mark of dishonour upon the British loyalty; by trusting Irish rebels for one single oath of allegiance, as much as all his subjects of Britain for the double swearing both of allegiance and supremacy?
The second article puts it into the hands of an Irish parliament to repeal, or to suspend, if they think convenient, the act usually called Poyning’s Act, which was the main, and yet the civilest and most moderate, acknowledgment imposed of their dependence on the crown of England; whereby no parliament could be summoned there, no bill be passed, but what was first to be transmitted and allowed under the great seal of England. The recalling of which act tends openly to invest them with a law-giving power of their own, enables them by degrees to throw of all subjection to this realm, and renders them (who by their endless treasons and revolts have deserved to hold no parliament at all, but to be governed by edicts and garrisons) as absolute and supreme in that assembly, as the people of England in their own land. And the twelfth article grants them in express words, that the Irish parliament shall be no more dependent on the parliament of England, that the Irish themselves shall declare agreeable to the laws of Ireland.
The two and twentieth article, more ridiculous than dangerous, coming Edition: current; Page: [426] especially from such a serious knot of lords and politicians, obtains, that those acts prohibiting to plow with horses by the tail, and burn oats in the straw, be repealed; enough, if nothing else, to declare in them a disposition not only sottish, but indocible, and averse from all civility and amendment: and what hopes they give for the future, who, rejecting the ingenuity of all other nations to improve and wax more civil by a civilizing conquest, though all these many years better shown and taught, prefer their own absurd and savage customs before the most convincing evidence of reason and demonstration: a testimony of their true barbarism and obdurate wilfulness, to be expected no less in other matters of greatest moment.
Yet such as these, and thus affected, the ninth article entrusts with the militia; a trust which the king swore by God at Newmarket he would not commit to his parliament of England, no, not for an hour. And well declares the confidence he had in Irish rebels, more than in his loyalest subjects. He grants them moreover, till the performance of all these articles, that fifteen thousand foot and two thousand five hundred horse shall remain a standing army of papists at the beck and command of Dillon, Muskerry, and other arch-rebels, with power also of adding to that number as they shall see cause. And by other articles allows them the constituting of magistrates and judges in all causes, whom they think fit: and till a settlement to their own minds, the possession of all those towns and countries within their new quarters, being little less than all the island, besides what their cruelty hath dispeopled and laid waste. And lastly, the whole managing both of peace and war is committed to papists, and the chief leaders of that rebellion.
Now let all men judge what this wants of utter alienating and acquitting the whole province of Ireland from all true fealty and obedience to the commonwealth of England. Which act of any king against the consent of his parliament, though no other crime were laid against him, might of itself strongly conduce to the disenthroning him of all. In France, Henry the Third, demanding leave in greatest exigencies to make sale of some crown-lands only, and that to his subjects, was answered by the parliament then at Blois, that a king in no case, though of extremest necessity, might alienate the patrimony of his crown, whereof he is but only usufructuary, as civilians term it, the propriety remaining ever to the kingdom, not to the king. And in our own nation, King John, for resigning, though unwillingly, his crown to the pope’s legate, with little more hazard to his kingdom than the payment of one thousand marks, and the unsightliness of such a ceremony, was deposed by his barons, and Lewis, the French king’s son, elected in his room. And to have carried only the jewels, plate, and treasure into Ireland, without consent of the nobility, was one of those impeachments, that condemned Richard the Second to lose his crown.
But how petty a crime this will seem to the alienating of a whole kingdom, which in these articles of peace we see as good as done by the late king, not to friends but to mortal enemies, to the accomplishment of his own interests and ends, wholly separate from the people’s good, may without aggravation be easily conceived. Nay, by the covenant itself, since that so cavillously is urged against us, we are enjoined in the fourth article, with all faithfulness to endeavour the bringing all such to public trial and condign punishment, as shall divide one kingdom from another. And what greater dividing than by a pernicious and hostile peace, to disalliege a whole feudary kingdom from the ancient dominion of England? Exception we find there of no person whatsoever; and if the king, who hath actually done this, or any for him, claim a privilege above justice, it is Edition: current; Page: [427] again demanded by what express law either of God or man, and why he whose office is to execute law and justice upon all others, should set himself like a demigod in lawless and unbounded anarchy; refusing to be accountable for that authority over men naturally his equals, which God himself without a reason given is not wont to exercise over his creatures? And if God, the nearer to be acquainted with mankind and his frailties, and to become our priest, made himself a man, and subject to the law, we gladly would be instructed, why any mortal man, for the good and welfare of his brethren being made a king, should by a clean contrary motion make himself a god, exalted above law; the readiest way to become utterly unsensible, both of his human condition, and his own duty.
And how securely, how smoothly, with how little touch or sense of any commiseration, either princely or so much as human, he hath sold away that justice so oft demanded, and so oft by himself acknowledged to be due, for the blood of more than two hundred thousand of his subjects, that never hurt him, never disobeyed him, assassinated and cut in pieces by those Irish barbarians, to give the first promoting, as is more than thought, to his own tyrannical designs in England, will appear by the eighteenth article of his peace; wherein, without the least regard of justice to avenge the dead, while he thirsts to be avenged upon the living, to all the murders, massacres, treasons, piracies, from the very fatal day, wherein that rebellion first broke out, he grants an act of oblivion. If this can be justified, or not punished in whomsoever, while there is any faith, any religion, any justice upon earth, there can no reason be alleged, why all things are not left to confusion. And thus much be observed in brief concerning these articles of peace made by the late king with his Irish rebels.
The letter of Ormond sent to Colonel Jones, governor of Dublin, attempting his fidelity, which the discretion and true worth of that gentleman hath so well answered and repulsed, had passed here without mention, but that the other part of it, not content to do the errand of treason, roves into a long digression of evil and reproachful language to the parliament and army of England, which though not worth their notice, as from a crew of rebels whose inhumanities are long since become the horror and execration of all that hear them, yet in the pursuance of a good endeavour, to give the world all due satisfaction of the present doings, no opportunity shall be omitted.
He accuses first, “That we are the subverters of religion, the protectors and inviters not only of all false ones, but of irreligion and atheism.” An accusation that no man living could more unjustly use than our accuser himself; and which, without a strange besottedness, he could not expect but to be retorted upon his own head. All men, who are true protestants, of which number he gives out to be one, know not a more immediate and killing subverter of all true religion than Antichrist, whom they generally believe to be the pope and church of Rome; he therefore, who makes peace with this grand enemy and persecutor of the true church, he who joins with him, strengthens him, gives him root to grow up and spread his poison, removing all opposition against him, granting him schools, abbeys, and revenues, garrisons, towns, fortresses, as in so many of those articles may be seen, he of all protestants may be called most justly the subverter of true religion, the protector and inviter of irreligion and atheism, whether it be Ormond or his master. And if it can be no way proved, that the parliament hath countenanced popery or papists, but have every where broken their temporal power, thrown down their public superstitions, and confined them to the bare enjoyment of that which is not in our reach, their consciences; if they have encouraged all true ministers of the gospel, that is Edition: current; Page: [428] to say, afforded them favour and protection in all places where they preached, and although they think not money or stipend to be the best encouragement of a true pastor, yet therein also have not been wanting nor intend to be, they doubt not then to affirm themselves, not the subverters, but the maintainers and defenders of true religion; which of itself and by consequence is the surest and the strongest subversion, not only of all false ones, but of irreligion and atheism. For “the weapons of that warfare,” as the apostle testifies, who best knew, “are not carnal, but mighty through God to the pulling down of strong holds, and all reasonings, and every high thing exalted against the knowledge of God, surprising every thought unto the obedience of Christ, and easily revenging all disobedience,” 2 Cor. x. What minister or clergyman, that either understood his high calling, or sought not to erect a secular and carnal tyranny over spiritual things, would neglect this ample and sublime power conferred upon him, and come a begging to the weak hand of magistracy for that kind of aid which the magistrate hath no commission to afford him, and in the way he seeks it hath been always found helpless and unprofitable. Neither is it unknown, or by wisest men unobserved, that the church began then most apparently to degenerate, and go to ruin, when she borrowed of the civil power more than fair encouragement and protection; more than which Christ himself and his apostles never required. To say therefore, that we protect and invite all false religions, with irreligion also and atheism, because we lend not, or rather misapply not, the temporal power to help out, though in vain, the sloth, the spleen, the insufficiency of churchmen, in the execution of spiritual discipline over those within their charge, or those without, is an imputation that may be laid as well upon the best regulated states and governments through the world: who have been so prudent as never to employ the civil sword further than the edge of it could reach, that is, to civil offences only; proving always against objects that were spiritual a ridiculous weapon. Our protection therefore to men in civil matters unoffensive we cannot deny; their consciences we leave, as not within our cognizance, to the proper cure of instruction, praying for them. Nevertheless, if any be found among us declared atheists, malicious enemies of God, and of Christ; the parliament, I think, professes not to tolerate such, but with all befitting endeavours to suppress them. Otherways to protect none that in a larger way may be taxed of irreligion and atheism, may perhaps be the ready way to exclude none sooner out of protection, than those themselves that most accuse it to be so general to others. Lastly, that we invite such as these, or encourage them, is a mere slander without proof.
He tells us next, that they have murdered the king. And they deny not to have justly and undauntedly, as became the parliament of England, for more bloodshed and other heinous crimes than ever king of this land was guilty of, after open trial, punished him with death. A matter, which to men, whose serious consideration thereof hath left no certain precept or example undebated, is so far from giving offence, that we implore and beseech the Divine Majesty so to uphold and support their spirits with like fortitude and magnanimity, that all their ensuing actions may correspond and prove worthy that impartial and noble piece of justice, wherein the hand of God appeared so evidently on our side. We shall not then need to fear, what all the rout and faction of men basely principled can do against us.
The end of our proceedings, which he takes upon him to have discovered, “the changing forsooth of monarchy into anarchy,” sounds so like the smattering of some raw politician, and the overworn objection of Edition: current; Page: [429] every trivial talker, that we leave him in the number. But seeing in that which follows he contains not himself, but, contrary to what a gentleman should know of civility, proceeds to the contemptuous naming of a person, whose valour and high merit many enemies more noble than himself have both honoured and feared; to assert his good name and reputation of whose service the commonwealth receives so ample satisfaction, it is answered in his behalf, that Cromwell, whom he couples with a name of scorn, hath done in few years more eminent and remarkable deeds, whereon to found nobility in his house, though it were wanting, and perpetual renown to posterity, than Ormond and all his ancestors put together can show from any record of their Irish exploits, the widest scene of their glory.
He passes on his groundless objectures, that the aim of this parliament may be perhaps to set up first an elective kingdom, and after that a perfect Turkish tyranny. Of the former we suppose the late act against monarchy will suffice to acquit them. Of the latter certainly there needed no other pattern than that tyranny, which was so long modelling by the late king himself, with Strafford, and that archprelate of Canterbury, his chief instruments; whose designs God hath dissipated. Neither is it any new project of the monarchs, and their courtiers in these days, though Christians they would be thought, to endeavour the introducing of a plain Turkish tyranny. Witness that consultation had in the court of France under Charles the IXth at Blois, wherein Poncet, a certain court-projector, brought in secretly by the chancellor Biragha, after many praises of the Ottoman government, proposes means and ways at large, in presence of the king, the queen regent, and Anjou the king’s brother, how with best expedition and least noise the Turkish tyranny might be set up in France, It appears therefore, that the design of bringing in that tyranny, is a monarchical design, and not of those who have dissolved monarchy.
As for parliaments by three estates, we know, that a parliament signifies no more than the supreme and general council of a nation, consisting of whomsoever chosen and assembled for the public good; which was ever practised, and in all sorts of government, before the word parliament or the formality, or the possibility of those three estates, or such a thing as a titular monarchy, had either name or being in the world. The original of all which we could produce to be far newer than those “all ages” which he vaunts of, and by such first invented and contrived, whose authority, though it were Charles Martel, stands not so high in our repute, either for himself, or the age he lived in, but that with as good warrant we may recede from what he ordained, as he ordain what before was not.
But whereas besides he is bold to allege, that of the three estates there remains only a small number, and they the “dregs and scum of the house of commons;” this reproach, and in the mouth of an Irishman, concerns not them only; but redounds to apparent dishonour of the whole English nation. Doubtless there must be thought a great scarcity in England of persons honourable and deserving, or else of judgment, or so much as honesty in the people, if those, whom they esteem worthy to sit in parliament, be no better than scum and dregs in the Irish dialect. But of such like stuff we meet not any where with more excrescence than in his own lavish pen; which feeling itself loose without the reins of discretion, rambles for the most part beyond all soberness and civility. In which torrent he goes on negotiating and cheapening the loyalty of our faithful governor of Dublin, as if the known and tried constancy of that valiant gentleman were to be bought with court fumes.
He lays before him, that “there remains now no other liberty in the Edition: current; Page: [430] subject, but to profess blasphemous opinions, to revile and tread under foot magistracy, to murder magistrates, to oppress and undo all that are not like-minded with us.” Forgetting in the mean while himself to be in the head of a mixed rabble, part papists, part fugitives, and part savages, guilty in the highest degree of all these crimes. What more blasphemous, not opinion, but whole religion, than popery, plunged into idolatrous and ceremonial superstition, the very death of all true religion; figured to us by the Scripture itself in the shape of that beast, full of the names of blasphemy, which we mention to him as to one that would be counted protestant, and had his breeding in the house of a bishop? And who are those that have trod under foot magistracy, murdered magistrates, oppressed and undone all that sided not with them, but the Irish rebels, in that horrible conspiracy, for which Ormond himself hath either been or seemed to be their enemy, though now their ringleader? And let him ask the Jesuits about him, whether it be not their known doctrine and also practice, not by fair and due process of justice to punish kings and magistrates, which we disavow not, but to murder them in the basest and most assassinous manner, if their church interest so require. There will not need more words to this windy railer, convicted openly of all those crimes, which he so confidently, and yet falsely, charges upon others.
We have now to deal, though in the same country, with another sort of adversaries, in show far different, in substance muchwhat the same. These write themselves the presbytery of Belfast, a place better known by the name of a late barony, than by the fame of these men’s doctrine or ecclesiastical deeds: whose obscurity till now never came to our hearing. And surely we should think this their representment far beneath considerable, who have neglected and passed over the like unadvisedness of their fellows in other places more near us, were it not to observe in some particulars the sympathy, good intelligence, and joint pace which they go in the north of Ireland, with their copartning rebels in the south, driving on the same interest to lose us that kingdom, that they may gain it themselves, or at least share in the spoil: though the other be open enemies, these pretended brethren.
The introduction of their manifesto out of doubt must be zealous; “Their duty,” they say, “to God and his people, over whom he hath made them overseers, and for whom they must give account.” What mean these men? Is the presbytery of Belfast, a small town in Ulster, of so large extent, that their voices cannot serve to teach duties in the congregation which they oversee, without spreading and divulging to all parts, far beyond the diocese of Patrick or Columba, their written representation, under the subtle pretence of feeding their own flock? Or do they think to oversee, or undertake to give an account for, all to whom their paper sends greeting? St. Paul to the elders of Ephesus thinks it sufficient to give charge, “That they take heed to themselves, and to the flock over which they were made overseers,” beyond those bounds he enlarges not their commission. And surely when we put down bishops and put up presbyters, which the most of them have made use of to enrich and exalt themselves, and turn the first heel against their benefactors, we did not think, that one classic fraternity, so obscure and so remote, should involve us and all state-affairs within the censure and jurisdiction of Belfast, upon pretence of overseeing their own charge.
We very well know, that church-censures are limited to church-matters, and these within the compass of their own province, or to say more truly, of their own congregation: that affairs of state are not for their meddling, Edition: current; Page: [431] as we could urge even from their own invectives and protestations against the bishops, wherein they tell them with much fervency, that ministers of the gospel, neither by that function, nor any other which they ought accept, have the least warrant to be pragmatical in the state.
And surely in vain were bishops for these and other causes forbid to sit and vote in the house, if these men out of the house, and without vote, shall claim and be permitted more license on their presbyterial stools, to breed continual disturbance by interposing in the commonwealth. But seeing that now, since their heaving out the prelates to heave in themselves, they devise new ways to bring both ends together, which will never meet; that is to say, their former doctrine with their present doings, as “that they cannot else teach magistrates and subjects their duty, and that they have besides a right themselves to speak as members of the commonwealth;” let them know, that there is a wide difference between the general exhortation to justice and obedience, which in this point is the utmost of their duty, and the state-disputes wherein they are now grown such busy-bodies, to preach of titles, interests, and alterations in government: more than our Saviour himself, or any of his apostles, ever took upon them, though the title both of Cæsar and of Herod, and what they did in matters of state, might have then admitted controversy enough.
Next, for their civil capacities, we are sure, that pulpits and church-assemblies, whether classical or provincial, never were intended or allowed by wise magistrates, no, nor by him that sent them, to advance such purposes, but that as members of the commonwealth they ought to mix with other commoners, and in that temporal body to assume nothing above other private persons, or otherwise than in a usual and legal manner: not by distinct remonstrances and representments, as if they were a tribe and party by themselves, which is the next immediate way to make the church lift a horn against the state, and claim an absolute and undepending jurisdiction, as from like advantage and occasion (to the trouble of all Christendom) the pope hath for many ages done; and not only our bishops were climbing after him, but our presbyters also, as by late experiment we find. Of this representation therefore we can esteem and judge no other than of a slanderous and seditious libel, sent abroad by a sort of incendiaries, to delude and make the better way under the cunning and plausible name of a presbytery.
A second reason of their representing is, “that they consider the dependence of that kingdom upon England,” which is another shameless untruth that ever they considered; as their own actions will declare, by conniving, and in their silence partaking, with those in Ulster, whose obedience, by what we have yet heard, stands dubious, and with an eye of conformity rather to the north, than to that part where they owe their subjection; and this in all likelihood by the inducement and instigation of these representers: who so far from considering their dependence on England, as to presume at every word to term proceedings of parliament, “the insolences of a sectarian party, and of private men.” Despising dominion, and speaking evil of dignities, which hypocritically they would seem to dissuade others from; and not fearing the due correction of their superiors, that may in fit season overtake them. Whenas the least consideration of their dependence on England, would have kept them better in their duty.
The third reason which they use makes against them; the remembrance how God punished the contempt of their warning last year upon the breakers of covenant, whenas the next year after they forget the warning Edition: current; Page: [432] of that punishment hanging over their own heads for the very same transgression, their manifest breach of covenant by this seditious representation, accompanied with the doubtful obedience of that province which represents it.
And thus we have their preface supported with three reasons; two of them notorious falsities, and the third against themselves; and two examples, “the province of London, and the commissioners of the kirk-assembly.” But certain, if canonical examples bind not, much less do apocryphal.
Proceeding to avouch the trust put upon them by God, which is plainly proved to be none of this nature, “they would not be looked upon as sowers of sedition, or authors of divisive motions; their record,” they say, “is in heaven,” and their truth and honesty no man knows where. For is not this a shameless hypocrisy, and of mere wolves in sheep’s clothing, to sow sedition in the ears of all men, and to face us down to the very act, that they are authors of no such matter? But let the sequel both of their paper, and the obedience of the place wherein they are, determine.
Nay, while we are yet writing these things, and foretelling all men the rebellion, which was even then designed in the close purpose of these unhallowed priestlings, at the very time when with their lips they disclaimed all sowing of sedition, news is brought, and too true, that the Scottish inhabitants of that province are actually revolted, and have not only besieged in Londonderry those forces, which were to have fought against Ormond and the Irish rebels; but have in a manner declared with them, and begun open war against the parliament; and all this by the incitement and illusions of that unchristian synagogue at Belfast, who yet dare charge the parliament, “that, notwithstanding specious pretences, yet their actings do evidence, that they love a rough garment to deceive.” The deceit we own not, but the comparison, by what at first sight may seem alluded, we accept: for that hairy roughness assumed won Jacob the birthright both temporal and eternal; and God we trust hath so disposed the mouth of these Balaams, that, coming to curse, they have stumbled into a kind of blessing, and compared our actings to the faithful act of that patriarch.
But if they mean, as more probably their meaning was, that “rough garment” spoken of Zach. xiii. 4, we may then behold the pitiful store of learning and theology, which these deceivers have thought sufficient to uphold their credit with the people, who, though the rancour that leavens them have somewhat quickened the common drawling of their pulpit elocution, yet for want of stock enough in scripture-phrase to serve the necessary uses of their malice, they are become so liberal, as to part freely with their own budge-gowns from off their backs, and bestow them on the magistrate as a rough garment to deceive; rather than not be furnished with a reproach, though never so improper, never so odious to be turned upon themselves. For but with half an eye cast upon that text, any man will soon discern that rough garment to be their own coat, their own livery, the very badge and cognizance of such false prophets as themselves, who, when they understand, or ever seriously mind, the beginning of that 4th verse, may “be ashamed every one of his lying vision,” and may justly fear that foregoing denouncement to such “as speak lies in the name of the Lord,” verse 3, lurking under the rough garment of outward rigour and formality, whereby they cheat the simple. So that “this rough garment to deceive” we bring ye once again, grave sirs, into your own vestry; or with Zachary shall not think much to fit it to your own shoulders. To bestow aught in good earnest on the magistrate, we know your classic priestship is too gripple, for ye are always begging: and for this rough gown to deceive, we are confident Edition: current; Page: [433] ye cannot spare it; it is your Sunday’s gown, your every day gown, your only gown, the gown of your faculty; your divining gown; to take it from ye were sacrilege. Wear it therefore, and possess it yourselves, most grave and reverend Carmelites, that all men, both young and old, as we hope they will shortly, may yet better know ye, and distinguish ye by it; and give to your rough gown, wherever they meet it, whether in pulpit, classis, or provincial synod, the precedency and the pre-eminence of deceiving.
They charge us next, that we have broken the covenant, and loaden it with slighting reproaches. For the reproaching, let them answer that are guilty, whereof the state we are sure cannot be accused. For the breaking, let us hear wherein. “In labouring,” say they, “to establish by law a universal toleration of all religions.” This touches not the state; for certainly were they so minded, they need not labour it, but do it, having power in their hands; and we know of no act as yet passed to that purpose. But suppose it done, wherein is the covenant broke? The covenant enjoins us to endeavour the extirpation first of popery and prelacy, then of heresy, schism, and profaneness, and whatsoever shall be found contrary to sound doctrine and the power of godliness. And this we cease not to do by all effectual and proper means: but these divines might know, that to extirpate all these things can be no work of the civil sword, but of the spiritual, which is the word of God.
No man well in his wits, endeavouring to root up weeds out of his ground, instead of using the spade will take a mallet or a beetle. Nor doth the covenant any way engage us to extirpate, or to prosecute the men, but the heresies and errors in them, which we tell these divines, and the rest that understand not, belongs chiefly to their own function, in the diligent preaching and insisting upon sound doctrine; in the confuting, not the railing down, errors, encountering both in public and private conference, and by the power of truth, not of persecution, subduing those authors of heretical opinions; and lastly in the spiritual execution of church-discipline within their own congregations. In all these ways we shall assist them, favour them, and as far as appertains to us join with them, and moreover not tolerate the free exercise of any religion, which shall be found absolutely contrary to sound doctrine or the power of godliness; for the conscience, we must have patience till it be within our verge. And thus doing, we shall believe to have kept exactly all that is required from us by the covenant. Whilst they by their seditious practices against us, than which nothing for the present can add more assistance or advantage to those bloody rebels and papists in the south, will be found most pernicious covenant-breakers themselves, and as deep in that guilt, as those of their own nation the last year; the warning of whose ill success, like men hardened for the same judgment, they miserably pervert to an encouragement in the same offence, if not a far worse: for now they have joined interest with the Irish rebels, who have ever fought against the covenant, whereas their countrymen the year before made the covenant their plea. But as it is a peculiar mercy of God to his people, while they remain his, to preserve them from wicked considerations: so it is a mark and punishment of hypocrites, to be driven at length to mix their cause, and the interest of their covenant, with God’s enemies.
And whereas they affirm, that the tolerating of all religions, in the manner that we tolerate them, is an innovation; we must acquaint them, that we are able to make it good, if need be, both by Scripture and the primitive fathers, and the frequent assertion of whole churches and protestant states in their remonstrances and expostulations against the popish tyranny over souls. And what force of argument do these doctors bring to the Edition: current; Page: [434] contrary? But we have long observed to what pass the bold ignorance and sloth of our clergy tends no less now than in the bishop’s days, to make their bare sayings and censures authentic with the people, though destitute of any proof or argument. But thanks be to God, they are discerned.
Their next impeachment is, “that we oppose the presbyterial government, the hedge and bulwark of religion.” Which all the land knows to be a most impudent falsehood, having established it with all freedom, wherever it hath been desired. Nevertheless, as we perceive it aspiring to be a compulsive power upon all without exception in parochial, classical, and provincial hierarchies, or to require the fleshly arm of magistracy in the execution of a spiritual discipline, to punish and amerce by any corporal infliction those whose consciences cannot be edified by what authority they are compelled, we hold it no more to be “the hedge and bulwark of religion,” than the popish or prelatical courts, or the Spanish inquisition.
But we are told, “we embrace paganism and Judaism in the arms of toleration.” A most audacious calumny! And yet while we detest Judaism, we know ourselves commanded by St. Paul, Rom. xi., to respect the Jews, and by all means to endeavour their conversion.
Neither was it ever sworn in the covenant, to maintain an universal presbytery in England, as they falsely allege, but in Scotland against the common enemy, if our aid were called for: being left free to reform our own country according to the word of God, and the example of best reformed churches; from which rule we are not yet departed.
But here, utterly forgetting to be ministers of the gospel, they presume to open their mouths, not “in the spirit of meekness,” as like dissemblers they pretend, but with as much devilish malice, impudence, and falsehood, as any Irish rebel could have uttered, and from a barbarous nook of Ireland brand us with the extirpation of laws and liberties; things which they seem as little to understand, as aught that belong to good letters or humanity.
“That we seized on the person of the king;” who was surrendered into our hands an enemy and captive by our own subordinate and paid army of Scots in England. Next, “our imprisoning many members of the house.” As if it were impossible they should deserve it, conspiring and bandying against the public good; which to the other part appearing, and with the power they had, not resisting had been a manifest desertion of their trust and duty. No question but it is as good and necessary to expel rotten members out of the house, as to banish delinquents out of the land: and the reason holds as well in forty as in five. And if they be yet more, the more dangerous is their number. They had no privilege to sit there, and vote home the author, the impenitent author, of all our miseries, to freedom, honour, and royalty, for a few fraudulent, if not destructive, concessions. Which that they went about to do, how much more clear it was to all men, so much the more expedient and important to the commonwealth was their speedy seizure and exclusion; and no breach of any just privilege, but a breach of their knotted faction. And here they cry out, “an action without parallel in any age.” So heartily we wish all men were unprejudiced in all our actions, as these illiterate denouncers never paralleled so much of any age as would contribute to the tithe of a century. “That we abolish parliamentary power, and establish a representative instead thereof.” Now we have the height of them; these profound instructors, in the midst of their representation, would know the English of a representative, and were perhaps of that classis, who heretofore were as much staggered at triennial.
Their grand accusation is our justice done on the king, which that they may prove to be “without rule or example,” they venture all the credit they Edition: current; Page: [435] have in divine and human history; and by the same desperate boldness detect themselves to be egregious liars and impostors, seeking to abuse the multitude with a show of that gravity and learning, which never was their portion. Had their knowledge been equal to the knowledge of any stupid monk or abbot, they would have known at least, though ignorant of all things else, the life and acts of him, who first instituted their order: but these blockish presbyters of Clandeboy know not that John Knox, who was the first founder of presbytery in Scotland, taught professedly the doctrine of deposing and of killing kings. And thus while they deny that any such rule can be found, the rule is found in their own country, given them by their own first presbyterian institutor; and they themselves, like irregular friars walking contrary to the rule of their own foundation, deserve for so gross an ignorance and transgression to be disciplined upon their own stools. Or had their reading in history been any, which by this we may be confident is none at all, or their malice not heightened to a blind rage, they never would so rashly have thrown the dice to a palpable discovery of their ignorance and want of shame. But wherefore spend we two such precious things as time and reason upon priests, the most prodigal misspenders of time, and the scarcest owners of reasons? It is sufficient we have published our defences, given reasons, given examples of our justice done; books also have been written to the same purpose for men to look on that will; that no nation under heaven but in one age or other hath done the like. The difference only is, which rather seems to us matter of glory, that they for the most part have without form of law done the deed by a kind of martial justice, we by the deliberate and well-weighed sentence of a legal judicature.
But they tell us, “it was against the interest and protestation of the kingdom of Scotland.” And did exceeding well to join those two together: here by informing us what credit or regard need be given in England to a Scots protestation, ushered in by a Scots interest: certainly no more than we see is given in Scotland to an English declaration, declaring the interest of England. If then our interest move not them, why should theirs move us? If they say, we are not all England; we reply, they are not all Scotland: nay, were the last year so inconsiderable a part of Scotland, as were beholden to this which they now term the sectarian army, to defend and rescue them at the charges of England, from a stronger party of their own countrymen, in whose esteem they were no better than sectarians themselves. But they add, “it was against the former declarations of both kingdoms,” to seize, or proceed against the king. We are certain, that no such declarations of both kingdoms, as derive not their full force from the sense and meaning of the covenant, can be produced.
And if they plead against the covenant, “to preserve and defend his person:” we ask them briefly, whether they take the covenant to be absolute or conditional? If absolute, then suppose the king to have committed all prodigious crimes and impieties against God, or nature, or whole nations, he must nevertheless be sacred from all violent touch. Which absurd opinion, how it can live in any man’s reason, either natural or rectified, we much marvel: since God declared his anger as impetuous for the saving of King Benhadad, though surrendering himself at mercy, as for the killing of Naboth. If it be conditional, in the preservation and defence of religion, and the people’s liberty, then certainly to take away his life, being dangerous, and pernicious to both these, was no more a breach of the covenant, than for the same reason at Edinburgh to behead Gordon the marquis of Huntley. By the same covenant we made vow to assist and defend all Edition: current; Page: [436] those, that should enter with us into this league: not absolutely, but in the maintenance and pursuing thereof. If therefore no man else was ever so mad, as to claim from hence an impunity from all justice, why should any for the king, whose life, by other articles of the same covenant, was forfeit? Nay, if common sense had not led us to such a clear interpretation, the Scots commissioners themselves might boast to have been our first teachers: who, when they drew to the malignance which brought forth that perfidious last year’s irruption against all the bands of covenant or Christian neighbourhood, making their hollow plea the defence of his majesty’s person, they were constrained by their own guiltiness to leave out that following morsel that would have choked them, “the preservation and defence of true religion and our liberties.” And questionless in the preservation of these we are bound as well, both by the covenant and before the covenant, to preserve and defend the person of any private man, as the person and authority of any inferior magistrate: so that this article, objected with such vehemence against us, contains not an exception of the king’s person, and authority, to do by privilege what wickedness he list, and be defended as some fancy, but an express testification of our loyalty; and the plain words without wresting will bear as much, that we had no thoughts against his person, or just power, provided they might consist with the preservation and defence of true religion and our liberties. But to these how hazardous his life was, will be needless to repeat so often. It may suffice, that while he was in custody, where we expected his repentance, his remorse at last, and compassion of all the innocent blood shed already, and hereafter likely to be shed, for his mere wilfulness, he made no other use of our continual forbearance, our humblest petitions and obtestations at his feet, but to sit contriving and fomenting new plots against us, and, as his own phrase was, “playing his own game” upon the miseries of his people: of which we desire no other view at present than these articles of peace with the rebels, and the rare game likely to ensue from such a cast of his cards. And then let men reflect a little upon the slanders and reviles of these wretched priests, and judge what modesty, what truth, what conscience, what any thing fit for ministers, or we might say reasonable men, can harbour in them. For what they began in shamelessness and malice, they conclude in frenzy; throwing out a sudden rhapsody of proverbs quite from the purpose; and with as much comeliness as when Saul prophesied. For casting off, as he did his garments, all modesty and meekness, wherewith the language of ministers ought to be clothed, especially to their supreme magistrate, they talk at random of “servants raging, servants riding, and wonder how the earth can bear them.” Either these men imagine themselves to be marvellously high set and exalted in the chair of Belfast, to vouchsafe the parliament of England no better style than servants, or else their high notion, which we rather believe, falls as low as court-parasitism; supposing all men to be servants but the king. And then all their pains taken to seem so wise in proverbing serve but to conclude them downright slaves: and the edge of their own proverb falls reverse upon themselves. For as “delight is not seemly for fools,” much less high words to come from base minds. What they are for ministers, or how they crept into the fold, whether at the window, or through the wall, or who set them there so haughty in the pontifical see of Belfast, we know not. But this we rather have cause to wonder, if the earth can bear this insufferable insolency of upstarts; who, from a ground which is not their own, dare send such defiance to the sovereign magistracy of England, by whose authority and in whose right they inhabit there. By their actions we might rather judge them to be a Edition: current; Page: [437] generation of Highland thieves and redshanks, who being neighbourly admitted, not as the Saxons by merit of their warfare against our enemies, but by the courtesy of England, to hold possessions in our province, a country better than their own, have, with worse faith than those heathen, proved ingrateful and treacherous guests to their best friends and entertainers. And let them take heed, lest while their silence as to these matters might have kept them blameless and secure under those proceedings which they so feared to partake in, that these their treasonous attempts and practices have not involved them in a far worse guilt of rebellion; and (notwithstanding that fair dehortatory from joining with malignants) in the appearance of a co-interest and partaking with the Irish rebels: against whom, though by themselves pronounced to be the enemies of God, they go not out to battle, as they ought, but rather by these their doings assist and become associates!
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T.191 (6.11) John Lilburne, William Walwyn, Thomas Prince, Richard Overton, An Agreement of the Free People of England (1 May 1649).↩
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ID NumberT.191 [1649.05.01] (6.11) John Lilburne, William Walwyn, Thomas Prince, Richard Overton, An Agreement of the Free People of England (1 May 1649).
Full titleJohn Lilburne, William Walwyn, Thomas Prince, Richard Overton, An Agreement of the Free People of England. Tendered as a Peace-Offering to this distressed Nation. By Lieutenant Colonel John Lilburne, Master William Walwyn, Master Thomas Prince, and Master Richard Overton, Prisoners in the Tower of London, May the 1. 1649.
Matth. 5.verse 9. Blessed are the Peace-makers for they shall be called the children of God.
London, Printed for Gyles Calvert at the blaclkspread-Eagle at the West end of Pauls, 1649.
The Tract contains the following parts:
- A Preparative to all sorts of people
- The Agreement it selfe
Estimated date of publication
1 May 1649.
Thomason Tracts Catalog informationTT1, p. 740; Thomason E. 571. (10.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
A Preparative to all sorts of people.
IF AFFLICTIONS make men wise, and wisdom direct to happinesse, then certainly this Nation is not far from such a degree therof, as may compare if not far exceed, any part of the world: having for some yeares by-past, drunk deep of the Cup of misery and sorrow. We blesse God our consciences are cleer from adding affliction to affliction, having ever laboured from the beginning, of our publick distractions, to compose and reconcile them: & should esteem it the Crown of all our temporal felicity that yet we might be instrumentall in procuring the peace and prosperity of this Common-wealth the land of our Nativity.
And therefore according to our promise in our late Manifestation of the 14 of Aprill 1649. (being perswaded of the necessitie and justnesse thereof) as a Peace-Offering to the Free people of this Nation, we tender this ensuing Agreement, not knowing any more effectuall means to put a finall period to all our feares and troubles.
It is a way of settlement, though at first much startled at by some in high authority; yet according to the nature of truth, it hath made its own way into the understanding, and taken root in most mens hearts and affections, so that we have reall ground to hope (what ever shall become of us) that our earnest desires and indeavours for good to the people will not altogether be null and frustrate.
The life of all things is in the right use and application, which is not our worke only, but every mans conscience must look to it selfe, and not dreame out more seasons and opportunities. And this we trust will satisfie all ingenuous people that we are not such wilde, irrationall, dangerous Creatures as we have been aspersed to be; This agreement being the ultimate end and full scope of all our desires and intentions concerning the Government of this Nation, and wherein we shall absolutely rest satisfied and acquiesce; nor did we ever give just cause for any to beleeve worse of us by any thing either said or done by us, and which would not in the least be doubted, but that men consider not the interest of those that I have so unchristian-like made bold with our good names; but we must bear with men of such interests as are opposite to any part of this Agreement, when neither our Saviour nor his Apostles innocency could stop such mens mouthes whose interests their doctrines and practises did extirpate; And therefore if friends at least would but consider what interest men relate to, whilst they are telling or whispering their aspersions against us, they would find the reason and save us a great deale of labour in clearing our selves, it being a remarkable signe of an ill cause when aspersions supply the place of Arguments.
We blesse God that he hath given us time and hearts to bring it to this issue, what further he hath for us to do is yet only knowne to his wisedom, to whose will and pleasure we shall willingly submit; we have if we look with the eyes of frailty, enemies like the sons of Anak, but if with the eyes of faith and confidence in a righteous God and a just cause, we see more with us then against us.
in the Tower of London,
The Agreement it selfe thus followeth.
After the long and tedious prosecution of a most unnaturall cruell, homebred war, occasioned by divisions and distempers amongst our selves, and those distempers arising from the uncertaintie of our Government, and the exercise of an unlimited or Arbitrary power, by such as have been trusted with Supreme and subordinate Authority, wherby multitudes of grievances and intolerable oppressions have been brought upon us. And finding after eight yeares experience and expectation all indeavours hitherto used, or remedies hitherto applyed, to have encreased rather then diminished our distractions, and that if not speedily prevented our falling againe into factions and divisions, will not only deprive us of the benefit of all those wonderful Victories God hath vouchsafed against such as sought our bondage, but expose us first to poverty and misery, and then to be destroyed by forraigne enemies. And being earnestly desirous to make a right use of that opportunity God hath given us to make this Nation Free and Happy, to reconcile our differences, and beget a perfect amitie and friendship once more amongst us, that we may stand clear in our consciences before Almighty God, as unbyassed by any corrupt Interest or particular advantages, and manifest to all the world that our indeavours have not proceeded from malice to the persons of any, or enmity against opinions; but in reference to the peace and prosperity of the Common-wealth, and for prevention of like distractions, and removall of all grievances; We the free People of England, to whom God hath given hearts, means and opportunity to effect the same, do with submission to his wisdom, in his name, and desiring the equity thereof may be to his praise and glory; Agree to ascertain our Government, to abolish all arbitrary Power, and to set bounds and limits both to our Supreme, and all Subordinate Authority, and remove all known Grievances.
And accordingly do declare and publish to all the world, that we are agreed as followeth,
I. That the Supreme Authority of England and the Territories therewith incorporate, shall be and reside henceforward in a Representative of the People consisting of four hundred persons, but no more; in the choice of whom (according to naturall right) all men of the age of one and twenty yeers and upwards (not being servants, or receiving alms, or having served the late King in Arms or voluntary Contributions) shall have their voices; and be capable of being elected to that Supreme Trust, those who served the King being disabled for ten years onely. All things concerning the distribution of the said four hundred Members proportionable to the respective parts of the Nation, the severall places for Election, the manner of giving and taking of Voyces, with all Circumstances of like nature, tending to the compleating and equall proceedings in Elections, as also their Salary, is referred to be setled by this present Parliament, in such sort as the next Representative may be in a certain capacity to meet with safety at the time herein expressed: and such circumstances to be made more perfect by future Representatives.
II. That two hundred of the four hundred Members, and not lesse, shall be taken and esteemed for a competent Representative; and the major Voyces present shall be concluding to this Nation. The place of Session, and choice of a Speaker, with other circumstances of that nature, are referred to the care of this and future Representatives.
III. And to the end all publick Officers may be certainly accountable, and no Factions made to maintain corrupt Interests, no Officer of any salary, Forces in Army or Garison, nor any Treasurer or Receiver of publick monies, shall (while such) be elected a Member for any Representative; and if any Lawyer shall at any time be chosen, he shall be uncapable of practice as a Lawyer, during the whole time of that Trust. And for the same reason, and that all persons may be capable of subjection as well as rule.
IIII. That no Member of the present Parliament shall be capable of being elected of the next Representative, nor any Member of any future Representative shall be capable of being chosen for the Representative immediately succeeding: but are free to be chosen, one Representative having intervened: Nor shall any Member of any Representative be made either Receiver, Treasurer, or other Officer during that imployment.
V. That for avoyding the many dangers and inconveniences apparently arising from the long continuance of the same persons in Authority; We Agree, that this present Parliament shall end the first Wednesday in August next 1649, and thenceforth be of no power or Authority: and in the mean time shall order and direct the Election of a new and equall Representative, according to the true intent of this our Agreement: and so as the next Representative may meet and sit in power and Authority as an effectuall Representative upon the day following; namely, the first Thursday of the same August, 1649.
VI. We agree, if the present Parliament shall omit to order such Election or Meeting of a new Representative; or shall by any means be hindered from performance of that Trust:
That in such case, we shall for the next Representative proceed in electing thereof in those places, & according to that manner & number formerly accustomed in the choice of Knights and Burgesses; observing onely the exceptions of such persons from being Electors or Elected, as are mentioned before in the first third, and fourth Heads of this Agreement: It being most unreasonable that we should either be kept from new, frequent and successive Representatives, or that the supreme Authority should fall into the hands of such as have manifested disaffection to our common Freedom, and endeavoured the bondage of the Nation.
VII. And for preserving the supreme authority from falling into the hands of any whom the people have not, or shall not chuse, We are resolved and agreed (God willing) that a new Representative shall be upon the first Thursday in August next aforesaid: the ordering and disposing of themselves, as to the choice of a speaker, and the like circumstances, is hereby left to their discretion: But are in the extent and exercise of Power, to follow the direction and rules of this agreement; and are hereby authorised and required according to their best judgements, to set rules for future equall distribution, and election of Members as is herein intended and enjoyned to be done, by the present Parliament.
VIII. And for the preservation of the supreme Authority (in all times) entirely in the hands of such persons only as shal be chosen thereunto—we agree and declare: That the next & al future Representatives, shall continue in full power for the space of one whole year: and that the people shall of course, chuse a Parliament once every year so as all the members thereof may be in a capacity to meet, and take place of the foregoing Representative: the first Thursday in every August for ever if God so please; Also (for the same reason) that the next or any future Representative being met, shall continue their Session day by day without intermission for four monthes at the least; and after that shall be at Liberty to adjourn from two monthes to two months, as they shall see cause untill their yeer be expired, but shall sit no longer then a yeer upon pain of treason to every member that shall exceed that time: and in times of adjurnment shall not erect a Councel of State but refer the managing of affairs in the intervals to a Committee of their own members, giving such instructions, and publish them, as shall in no measure contradict this agreement.
IX. And that none henceforth may be ignorant or doubtful concerning the power of the Supreme authority, and of the affairs, about which the same is to be conversant and exercised: we agree and declare, that the power of Representatives shall extend without the consent or concurrence of any other person or persons,
1. To the conservation of Peace and commerce with forrain Nations.
2. To the preservation of those safe guards, and securities of our lives, limbes, liberties, properties, and estates, contained in the Petition of Right, made and enacted in the third year of the late King.
3. To the raising of moneys, and generally to all things as shall be evidently conducing to those ends, or to the enlargement of our freedom, redress of grievances, and prosperity of the Commonwealth.
For security whereof, having by wofull experience found the prevalence of corrupt interests powerfully inclining most men once entrusted with authority, to pervert the same to their own domination, and to the prejudice of our Peace and Liberties, we therefore further agree and declare.
X. That we do not impower or entrust our said representatives to continue in force, or to make any Lawes, Oaths, or Covenants, whereby to compell by penalties or otherwise any person to any thing in or about matters of faith, Religion or Gods worship or to restrain any person from the profession of his faith, or exercise of Religion according to his Conscience, nothing having caused more distractions, and heart burnings in all ages, then persecution and molestation for matters of Conscience in and about Religion:
XI. We doe not impower them to impresse or constrain any person to serve in war by Sea or Land every mans Conscience being to be satisfied in the justness of that cause wherein he hazards his own life, or may destroy an others.
And for the quieting of all differences, and abolishing of all enmity and rancour, as much as is now possible for us to effect.
XII. We agree, That after the end of this present Parliament, no person shall be questioned for any thing said or done in reference to the late Warres, or publique differences; otherwise then in pursuance of the determinations of the present Parliament, against such as have adhered to the King against the Liberties of the people: And saving that Accomptants for publick moneys received, shall remain accomptable for the same.
XIII. That all priviledges or exemptions of any persons from the Lawes, or from the ordinary course of Legall proceedings, by vertue of any Tenure, Grant, Charter, Patent, Degree, or Birth, or of any place of residence, or refuge, or priviledge of Parliament, shall be henceforth void and null; and the like not to be made nor revived again.
XIIII. We doe not impower them to give judgment upon any ones person or estate, where no Law hath been before provided, nor to give power to any other Court or jurisdiction so to do, Because where there is no Law, there is no transgression, for men or Magistrates to take Cognisance of; neither doe we impower them to intermeddle with the execution of any Law whatsoever.
XV. And that we may remove all long setled Grievances, and thereby as farre as we are able, take away all cause of complaints, and no longer depend upon the uncertain inclination of Parliaments to remove them, nor trouble our selves or them with Petitions after Petitions, as hath been accustomed, without fruit or benefit; and knowing no cause why any should repine at our removall of them, except such as make advantage by their continuance, or are related to some corrupt Interests, which we are not to regard.
We agree and Declare,
XVI. That it shall not be in the power of any Representative, to punish, or cause to be punished, any person or persons for refusing to answer to questions against themselves in Criminall cases.
XVII. That it shall not be in their power, after the end of the next Representative, to continue or constitute any proceedings in Law that shall be longer then Six months in the final determination of any cause past all Appeal, nor to continue the Laws or proceedings therein in any other Language then English, nor to hinder any person or persons from pleading their own Causes, or of making use of whom they please to plead for them.
The reducing of these and other the like provisions of this nature in this Agreement provided, and which could not now in all particulars be perfected by us, is intended by us to be the proper works of faithful Representatives.
XVIII. That it shall not be in their power to continue or make any Laws to abridge or hinder any person or persons, from trading or merchandizing into any place beyond the Seas, where any of this Nation are free to Trade.
XIX. That it shall not be in their power to continue Excise or Customes upon any sort of Food, or any other Goods, Wares, or Commodities, longer then four months after the beginning of the next Representative, being both of them extreme burthensome and oppressive to Trade, and so expensive in the Receipt, as the moneys expended therein (if collected as Subsidies have been) would extend very far towards defraying the publick Charges; and forasmuch as all Moneys to be raised are drawn from the People; such burthensome and chargeable wayes, shall never more be revived, nor shall they raise Moneys by any other ways (after the aforesaid time) but only by an equal rate in the pound upon every reall and personall estate in the Nation.
XX. That it shall not be in their power to make or continue any Law, whereby mens reall or personall estates, or any part thereof, shall be exempted from payment of their debts; or to imprison any person for debt of any nature, it being both unchristian in it self, and no advantage to the Creditors, and both a reproach and prejudice to the Commonwealth.
XXI. That it shall not be in their power to make or continue any Law, for taking away any mans life, except for murther, or other the like hainous offences destructive to humane Society, or for endevouring by force to destroy this our Agreement, but shall use their uttermost endeavour to appoint punishments equall to offences: that so mens Lives, Limbs, Liberties, and estates, may not be liable to be taken away upon trivial or slight occasions as they have been; and shall have speciall care to preserve, all sorts of people from wickedness misery and beggery: nor shall the estate of any capitall offendor be confiscate but in cases of treason only; and in all other capitall offences recompence shall be made to the parties damnified, as well out of the estate of the Malifactor, as by loss of life, according to the conscience of his jury.
XXII. That it shall not be in their power to continue or make any Law, to deprive any person, in case of Tryals for Life, Limb, Liberty, or Estate from the benefit of witnesses on his or their behalf; nor deprive any person of those priviledges, and liberties, contained in the Petition of Right, made in the third yeer of the late King Charls.
XXIII. That it shall not be in their power to continue the Grievance of Tithes, longer then to the end of the next Representative; in which time, they shall provide to give reasonable satisfaction to all Impropriators: neither shall they force by penalties or otherwise any person to pay towards the maintenance of any Ministers, who out of conscience cannot submit thereunto.
XXIV. That it shall not be in their power to impose Ministers upon any the respective Parishes, but shall give free liberty to the parishioners of every particular parish, to chuse such as themselves shall approve; and upon such terms, and for such reward, as themselves shall be willing to contribute, or shall contract for. Provided, none be chusers but such as are capable of electing Representatives.
XXV. That it shal not be in their power, to continue or make a law, for any other way of Judgments, or Conviction of life, limb, liberty, or estate, but onely by twelve sworn men of the Neighborhood; to be chosen in some free way by the people; to be directed before the end of the next Representative, and not picked and imposed, as hitherto in many places they have been.
XXVI. They shall not disable any person from bearing any office in the Common-wealth, for any opinion or practice in Religion, excepting such as maintain the Popes (or other forraign) Supremacy.
XXVII. That it shal not be in their power to impose any publike officer upon any Counties, Hundreds, Cities, Towns, or Borroughs; but the people capable by this Agreement to chuse Representatives, shall chuse all their publike Officers that are in any kinde to administer the Law for their respective places, for one whole yeer, and no longer, and so from yeer to yeer: and this as an especial means to avoyd Factions, and Parties.
And that no person may have just cause to complain, by reason of taking away the Excise and Customs, we agree,
XXVIII. That the next, and all future Representatives shall exactly keep the publike Faith, and give ful satisfaction, for all securities, debts, arrears or damages, (justly chargeable) out of the publike Treasury; and shall confirm and make good all just publike Purchases and Contracts that have been, or shall be made; save that the next Representative may confirm or make null in part or in whole, all gifts of Lands, Moneys, Offices, or otherwise made by the present Parliament, to any Member of the House of Commons, or to any of the Lords, or to any of the attendants of either of them.
And for as much as nothing threateneth greater danger to the Common-wealth, then that the Military power should by any means come to be superior to the Civil Authority,
XXIX. We declare and agree, That no Forces shal be raised, but by the Representatives, for the time being; and in raising thereof, that they exactly observe these Rules, namely, That they allot to each particular County, City, Town, and Borrugh, the raising, furnishing, agreeing, and paying of a due proportion, according to the whole number to be levyed; and shall to the Electors of Representatives in each respective place, give Free liberty, to nominate and appoint all Officers appertaining to Regiments, Troops, and Companies, and to remove them as they shall see cause, Reserving to the Representative, the nominating and appointing onely of the General, and all General-Officers; and the ordering, regulatng, and commanding of them all, upon what service shall seem to them necessary for the Safety, Peace, and Freedom of the Common-wealth.
And in as much as we have found by sad experience, That generally men make little or nothing, to innovate in Government, to exceed their time and power in places of trust, to introduce an Arbitrary, and Tyrannical power, and to overturn all things into Anarchy and Confusion, where there are no penalties imposed for such destructive crimes and offences,
XXX. We therefore agree and declare, That it shall not be in the power of any Representative, in any wise, to render up, or give, or take away any part of this Agreement, nor level mens Estates, destroy Propriety, or make all things Common: And if any Representative shall endevor, as a Representative, to destroy this Agreement, every Member present in the House, not entering or immediately publishing his dissent, shall incur the pain due for High Treason, and be proceeded against accordingly; and if any person or persons, shall by force endevor or contrive, the destruction thereof, each person so doing, shall likewise be dealt withal as in cases of Treason.
And if any person shal by force of Arms disturb Elections of Representatives, he shall incurr the penalty of a Riot; and if any person not capable of being an Elector, or Elected, shal intrude themselves amongst those that are, or any persons shall behave themselves rudely and disorderly, such persons shal be liable to a presentment by a grand Inquest and to an indictment upon misdemeanor; and be fined and otherwise punish’d according to the discretion and verdict of a Jury. And all Laws made or that shall be made contrary to any part of this Agreement are hereby made null and void.
Thus, as becometh a free People, thankfull unto God for this blessed opportunity, and desirous to make use thereof to his glory, in taking off every yoak, and removing every burthen, in delivering the captive, and setting the oppressed free; we have in all the particular Heads forementioned, done as we would be done unto, and as we trust in God will abolish all occasion of offence and discord, and produce the lasting Peace and Prosperity of this Common-wealth: and accordingly do in the sincerity of our hearts and consciences, as in the presence of Almighty God, give cleer testimony of our absolute agreement to all and every part hereof by subscribing our hands thereunto. Dated the first day of May, in the Yeer of our Lord 1649.
Imprimatur.
London, Printed for Gyles Calvert at the black spread-Eagle at the West end of Pauls.
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T.192 (6.12) Robert Lockier, John Lilburne, and Richard Overton, The Army’s Martyr (4 May 1649).↩
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ID NumberT.192 [1649.05.04] (6.12) Robert Lockier, John Lilburne, and Richard Overton, The Army’s Martyr (4 May 1649).
Full titleRobert Lockier, John Lilburne, and Richard Overton, The Army’s Martyr, Or, A more ful Relation of the barbarous and illegall proceedings of the Court-Martiall at White-Hall Upon Mr. Robert Lockier: Who was shot to death in Paul’s Church-yard upon the 27 day of April, 1649. And a brief Narrative of the Cause thereof. With his Christian carriage and deportment, and his dying Speeches to all his fellow-souldiers at the time of his Execution, as an everlasting witnesse of his integrity to the Rights and Freedoms of the Common-Wealth. With a Petition Of divers well-affected persons, and a Letter of Lieut. Col. Jo. Lilburne, and M. Ri. Overton, Presented to the General in his behalf.
I Kings. 2.5., 6. The blood of War shed in the time of Peace,
Cries out for vengeance; or our Freedoms cease.
Printed at London in the Yeer 1649.
The Tract contains the following parts:
- The Army’s Martyr
- To his Excellency Thomas Lord FAIRFAX Generall of the English Forces, The humble addresses of divers well affected persons, in behalfe of all those that are under restraint or censure of the Councel of War, or Law-Martiall
- The Copy of a Letter written to the Generall, from Lieut. Col. Jo. Lilburn and M. Rich. Overton, Arbitrary and Aristocratical prisoners in the Tower of London, the 27 of April 1649, in behalf of Mr. Robert Lockier
- The Postscript to the Reader
Estimated date of publication
4 May 1649. TT also lists it as April 27, 1650.
Thomason Tracts Catalog informationTT1, p. 794; Thomason E. 554. (6.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
THE ARMIES MARTYR, &c.
WHereas I have been truly informed from many honest and consciencious persons of the life and death of this gallant man M. Lockier) I thought good out of that duty I owe unto him, for to give a perfect and full Relation of the whole matter & cause of his death, for the full satisfaction of all persons that desire to be truly informed: And knowing that it is the duty of every man that lives in a Common-wealth to be as instrumentall as he can, in discovering any thing that may be of Publick concernment; And considering that it is the common practice of Machiavils to colour over their cruell and unjust actions with the vizor of some great good, or prevention of some great evill to the Nation or place where the thing was committed, the better to deceive the simple, and wellminded people; And to keep on that veile of hypocrisie which they have cast over the face of the Common-wealth that they might not question their abominable actions, both towards this poor innocent, and their juglings with the whole Nation; I have therefore taken a little paines to put forth a Narrative of the cause of this their bloody proceedings against him; that people may be possessed that their holinesses may erre and be guilty of as much innocent blood, if they continue in the courses they have walked in of late, as ever Queen Mary or any Tyrants before her: Thus then to the matter: on Tuesday Aprill the 24. 1649. there came orders for the Troop to march forth of the City; and the Souldiers being unwilling to march forth without mony to defray their Quarters: desired pay to put them in a capacity to pay their Quarters there, and be enabled to give satisfaction to the Country which they were to march into: which desires of theirs being not fulfild, they went unto the foure Swannes where their Colours were, and secured them for the present, untill they had the pay that was due to them; being invited by some of Cap. Groves Troop who had secured their colours before them: well then here was a months pay provided for them; but the Clark affirmed that there was 11 dayes pay due more to them then that months, and would have laid five pound with the Quartermaster of the truth of it: But when Col. Whaley came and they disputed how much they were behind, he came down the yard and said there was but five dayes pay due to them: But whether this was a plot of his to cause this stirre or trouble, I know not; but surely it was the trick of a knave in so doing; but to the matter; while they were in dispute about their marching away, there came a fortnights pay out of Essex for them; and on Tuesday night there was an alarm in their quarters about some plot as they say to destroy the Generall and some Officers, and some papers cast abroad to that effect, a meer plot of the Grandees as is conceived the better to countenance their illegall proceedings on some Citizens that night, which because the Souldiers did not march were not ashamed to put it upon them, though they never knew of it; at which time of the alarm, or as they were to goe to their quarters, Captain Savage told them that they should come & receive a fortnights pay more betimes in the morning that they might march away; whereupon they prepared for the march, some having received their monies; but when some came for it, he told them they could not, nor should not receive it, though other Troops had, because they refused to march the day before; whereupon they kept their Colours and would not march except they were made up equall in pay with the rest of the Regiment: But yet so reasonable they were in their demands that they told Col. Whaley and M. Swallow and their Capt. that if they might have but the fives dayes pay which they acknowledged was due to them, with an engagement from their Officers to pay them a days pay every day as they were upon the march till they were made up equall with the Regiment, and a passing by what had been done on both sides, they would march away presently; No, they should not have it because they did not march out to a Rendevouz of the Regiment the day before to Mile-end green, although there were not many above 40 of the three Troopes that marcht forth and came in againe; Yet at length Col. Whaley said that if their Captain should draw out six men of them and carry them before the Generall, they should have it: but they were unwilling that any should be taken out, seeing all had refused marching: being forced thereunto by their unjust command, in commanding them to march without their pay to satisfie their quarters: at length the Generall and Lieutenant Generall came very furiously breathing forth nothing but death to them all, being fetch’d and animated on by that forsworn and perjured tyrannicall Knave Chillington, who can take what he please out of the Souldiers pay for to maintain him in his Domineering courses. But oh how bloody and red did Cromwel look! and the Generall told them that they should be hanged all, and that they did deserve to be hanged presently in the Court: whereupon a Souldier or two went down the Gallery, and desired his Execellency to hear their just desires: No, he would not hear them there; but they must march away presently to White-hall with those Troops that came to guard them thither; there being no resistance offered on the Souldiers part, nor sword drawn, though they have reported since, there were: but Whaley drew his, and Chillington drew his to cut a Souldier, from whose back he rent his cloak. But so much do they thirst after the bloud of those that shall dispute a command of theirs, whether right or wrong, all is a case to them, when it comes to diminish from their lawlesse wils (for it was disputed and affirmed by an Officer of the Army at the Spittle, that souldiers must obey their commands, and not question it, though it be to kill a man, or steal an horse) that to prison they must, and the next day to a Councel of War, as they call it, where their most implacable & bloudy enemies were their Accusers and Witnesses, if not their Judges; who, when they had sworn many things against some of them which they never did (as can sufficiently be proved by good hands) male constructions and consequences on the things done and sworn, whispering in the ears of them that sate in the Councel (no question but to stir up their holy zeal against those that most opposed their ungodly practices.) Now though there were many witnesses of taking the Colours from the four Swans, and carrying them into the Bul-yard; yet none swore, or at least could swear, that he above any other did lay hands on them first, because there were about 40 that huddled or compass’d the Colours about at one time: And though they say he did confesse himself he did it; I say, its no such matter: all that he said, was, that he had a hand in it as well as others. Besides, Capt. Savage would have sworn that M. Joyce had done it; for he came to him, and said, Mr. Joyce, I will take my oath that you were the first man that laid hands on my Colours: But the Gentleman being not able to bear such a grosse Lie, told him, he was at the Generals Quarters that day till almost night to get leave to go see his friends.
But such was their former malice at this gallant man (for his former appearing in the Agreement of the People, when they murdered Mr. Arnold at Ware; and because he would often oppose or dispute their unjust actions) that right or wrong, their Saint-like thirst could be satisfied with nothing but his bloud. Well, die he must the next day by two of the clock, so was the Sentence; Nothing could work upon any of them [for as David saith, There is none of them that doth good, no not one;] for when divers Citizens went with a Petition, desiring his Excellencies mercy and clemency to mitigate the Sentence, and reprieve him but one day more; shewing from the Statutes of the Land, that it could be no lesse then murder to exercise Martial Law in a time of peace; yet this could not prevail with him, the Law is but a dead letter to them, when they must exalt their wils above it; for they make no more conscience of destroying the life of our lives, that is to say, the Law, then a dog doth of eating a shoulder of mutton; for their will is their Law, and their Sword their Justice. Another went to Col. Whaley in the behalf of this poor Innocent, and found him come lately out of bed in his Skie-colour satten wastcoat lac’d with silver lace, and his pantophles dawbed with silver lace, and did present a Petition to his Honor, beseeching his Honour, that he would be pleased to remember mercy to this poor Gentleman, & mitigate the Sentence to any other punishment, so as it was not to the taking away of his life: But after many things passed between them, at last he said, that if it lay in his power to save him, he would not. The like most humble Petition that could be framed by a man, was sent in to the Councel on his behalf, and the rest that were to draw lots for their lives; But nothing would satisfie but his blood; many persons came to visit him that formerly knew him much lamenting his most sad condition, being condenmned for nothing but asking his pay: And indeed that was the thing which did most troubled him, that so small a thing as contending for his pay, should give his enemies occasion to take away his life; which as he often said, had it been for the freedom and liberties of this Nation for which he had engaged these 7 or 8 years, it would have much added to his comfort; Though he was satisfied well enough, that this in asking his pay was far inconsiderable to the taking away of his life in the eyes of God and all unprejudiced men: for he knew it was malice that prevailed over him and not justice; for one would have thought that there being no swords drawn nor affronts to any offered, that if it was such a fault and of such a nature, that a casheerment of the Army, or banishment of the Kingdom would have been punishment enough for his first failling, and faithfull and valiant services performed by him for these seven or eight years; They well knowing that for his duty he hath ever been ready to perform; and never held with any that was unwilling to do that duty which was required of him and his due to performe. Concerning his conversation, he was a man honest, just and faithfull, being able to render an account of his faith in God, and hope of eternal life; and was also able to make good the Cause for which he so long had engaged: which is a difficult thing to many simple guls now in armes, that like so many sheep, will be commanded to kill and do any violence and never question it: for indeed this is that sweet temper these Machavils have so long laboured after; namely the casting forth of all honest and deserving Souldiers that would be active for common good, & listing of such as will kill a man for a morsel of bread; for his civill courtesie, and loving carriage and disposition at all times and to all persons, he may challeng respect from any that knew him; for I think he was beloved of many, and scarce hated of any; he was a man that did extremely desire the freedom of the Common-wealth, as can be witnessed by divers who knew his forwardness in promoting any thing tending thereunto: as when the agreement of the people was broken off at Ware; (by these that pretended it was not Gods time, because they had not gotten to that height of honour which now they say Providence hath brought them) oh how sad was his poor spirit, riding up and down the fields with one or two, where he manifested so much love to the liberties of his native Country, as that he could have lost his life there to have procured it.
For his valour in the field, I scorn to equalize it with the proudest of his enemies that sate in Councell or bore false witness against him: he did much scorn to engage any man for his life, but he would endeavour his utmost to perform it: [Not like Whaly when he engaged Major Bethell to charge a party of the Kings Horse, commanded by the Lord Goring neer Oxford; and promised to charge them with his division at another place; the Major Bethell asked him again and again whether he would do it; he told him he would; who afterward stood still and never charged at all, but suffered 9 troops to fall on 3 broken troops, where the Major was taken, and many kill’d and most desperatly wounded; and for which he received a sufficient check from Crumwel] he was much grieved to see such Taxes, Excise, Tythes and Free-quarter to lye upon the Country, and would not be so exact as many self seeking officers are (when they lye at Free quarter on the poor Country) of their accommodation, either for himself or his horse; I need not blaze his good esteem he had of all persons that knew him; for they do, and can speak more then I can of him, and for him: In his dealing with all men he was just, ever approving of that rule of Christ, that what we would have others do to us, we should to them; and I dare pawn my Salvation upon this truth, that he did as much as could be be discerned, walk by it: failings I will not say but he was subject to as well as others; but if told of his failings, he indevoured amendment; and if any be without sin let him cast the first stone at him: sure I am, he was more conscionable in serving his Nation then Captain Savage that holy man, whose holiness can admit of three men, or two men and a boy to be mustered, and receive pay for them, and send them home to his father in laws house with their horses and let them do their work, and the Common-wealth to pay them: But I’ll warrant the good man will tell you it is a priviledge that we Officers have, being fetcht from the practice of mercenaries beyond the sea; but this is not the first cheat he hath served the state, neither is he alone but many more Officers in the Army, especially those that are married, who can make it their trade to be with their wives more then with their troops & companies; though themselves have denied that to others before they were in that Condition, telling them that he that warreth a warfare intangleth not himself with the things of the world. But now it is no marvell they asperse and envy every man that desireth but to look into the mystery of their iniquity; they may do what they please and no man question them for it; as Captain Tounsell took Mr. Sawyer and cast him into White-hall after he had abused him sufficiently in his own Chamber, there commiting him without any order or charge against him, where he might die and perish for want of food if good people did not relieve him; so I say marvell not at their actions; for whatsoever is pleasing in their own eyes, that they will do to any, as they have done to this true friend to his Countries Freedom. Therefore his bloud I will require at Colonel Whaley’s and Savage’s hand, because said Whaley I knew him two yeers before this time; and Savage knew he desired Justice on him when the troops charged him for dissenting at New-market; and other articles belonging thereunto; and now have they their desires on him.
And thus have I given you a briefe narrative of the cause of this murther, which was executed on him in Paul’s Church-yard, where were many hundred if not thousands, weeping eyes and shreking voyces lamenting so gallant a creature should lose his life. What he said to divers there and in his Coach coming to his execution is here inserted verbatim, or as far as can be remembred.
Mr. Shaw and Mr. Atkinson being come to Pauls, met with M. Lockier coming up Ludgate-hil with a strong guard of Souldiers of Col. Hewsons Regiment before and behind, and he with a friend or two in a Coach, to which they addressed themselves, and acquainted him with what had passed between them and the Generall; to which he answered, Dear friends, (he scarce knowing us) I am ready and willing to dye for my Country and Liberty, and I blesse God I am not afraid to look death in the face in this particular cause God hath called me to.
M. Atkinson.] After that I met him in the yard where he was to suffer, he said the same words, and to the same effect; and then the Guard driving all his friends away, and him, I could not hear what he said.
But I heard (getting to him through favour of an Officer) Colonel Okey to challenge him with untruth, in that he confessed before the Councell of War, that he was guilty of what was charged upon him in reference to mutinie, and now he denyed it: to which he answered that it was not so; Okey said it was, and he could produce many to witnesse the same. Lockier replyed that he knew what he had said well enough, and that ever since he knew what it was to draw a sword he never intended any thing but meerly for the Priviledges and Liberties of the people, and in that he would live and die, and Major Swallow and others said something to him then which I did not hear, but Major Carter made up that discourse and said that it was convenient that this little time he had to spend, it was requisite that he spent it in the best way he thought meet and if he desired to retire himself he might, to which he replyed he did desire to retire himself in private, and that though he did doe or think nothing but what he would have every man to hear, for as his actions from the first to the last have been for publique good, he desired his death might be, and so he knew it would be: For God would make his bloud speak Liberty and Freedom to all England; And then he drew to the wall, and there prayed about a quarter of an houre, and after goes and makes water, and then comes and had discourse with many of the Officers, but what it was I could not well hear, but thus much I heard how he with a couragious and willing heart did undergoe what ever was laid upon him because it was in the behalfe of his Country.
Then I took him by the hand, and he began to say in this manner: friends here I am to suffer what it pleases God to lay upon me, and truly that for my Countreys good and how great a comfort this is to me I am not able to expresse, and therefore friends it is a good, sweet and comfortable thing for to serve God; for he hath set us in a condition to serve him, and given us a rule, and hath purchased for us not only Liberty and Freedom here through his Son, but peace and tranquility hereafter, and a meanes he hath set downe in his word, which we ought to take heed to; For in that he hath declared that Christ is sufficient for all our sinnes, and God would provide fully for all those that sought to God by him: it was not anything would commend us to God, but pure and undefiled actions in the sight of God through the power of Christ and his Word which I fully own and beleeve declared the same, unto which we do well to take heed; for if we will we may do well here and hereafter: here we must serve him in standing up for our Countries Liberties and Freedoms, & they will make much for hereafter, for if we do well we shall be well rewarded. Therefore my dear friends and fellow souldiers, I desire you all to serve God and love him, and honor him: And for me to pray as long as you see me live, that God would carry forth my heart as now you see me carried forth: to which I answered I am overjoyed M Lockier to hear such expressions come from you in which I saw so much Religion, as that it was for me a good pattern to learn by: and not take upon me to instruct one so able as you are. Lockier said, The Lord stablish and strenthen you, and fit you for his work: And not onely you, but all my dear friends, to whom I desire you to commend me dearly; to and for whom I shall pray while I breathe, that God would enable them to stand up faithfully and couragiously for the good of their Country and Liberties: And I pray you let not this death of mine be a discouragement, but rather an incouragement; for never man died more comfortably then I do. And after he and I had embraced each other, he spake a few words to the Officers, and then he desired to speak with his Sister and Cousins, but what passed betwixt them I know not.
And then I heard not what he said to them; but from good hands of them that were close to him, he said thus, Fellow souldiers, I am here brought to suffer in behalf of the People of England, and for your Priviledges and Liberties, and such as in conscience you ought to own and stand to: But I perceive you are appointed by your Officers to murder me; and I did not think that you had had such heathenish and barbarous principles in you, as to obey your Officers in murthering of me, when I stand up for nothing but what is for your good. And then I heard Colonel Okey say, with other Officers, What, do you endeavour to make the souldiers mutinie? Martial, away with him: And setting him in the place where he was to suffer, he pulled off his loose Jacket, and Coat, and Belt, and gave them some to one, and some to another: and after that he went to prayer again in his shirt without his dublet, and after prayer he stood in the place of execution, and all this while, with abundance of courage and undauntedness; for when I desired him to put something upon his face and cover it, he thanked me for my love, but he said, his cause was so just, as that he feared not the face of death; and therefore he stood looking with a gallant courage in their faces, and then came up to the men that were to shoot him, which were six Musketiers, he lifted up his eyes to God, and desired that when he gave them a signe they should shoot, which was the lifting up of both his hands; and immediately he lifting up his hands, they all six shot off their Muskets, and so died this gallant Heart.
M. Watson.] I asked him how it was with him in relation to his eternall condition, and whether that which he had done was not out of passion? and told him that he was to depart this life, the hour of his death was very neer, therefore I desired him if any thing lay upon his Spirit that he would declare it to me; he replyed, I have been a servant to them a long time, and been faithfull, I am burdened in my Spirit because of their unjust proceedings, and for my condition at present, I praise God it is well with me, and I praise God out of obedience to God, I have served my Country and for that I first ingaged, I little thought that they would have proceeded so harsh against me to single me from the rest of my fellows, the fault being one and the same, not that I am sorry that I am singled out by my self, for I am joyfull that I must dye to excuse them, but I see their aime is at my blood, and when they have it they may then be satisfied, though that will give them little satisfaction as to righteousnesse, yet I praise God I am fitted for it and have a witnesse from God that I have served my generation with uprightnesse so farre as I had understanding, and seeing God hath been so pleased to dispose of me, let it come and welcome, death is nothing, it stoppeth my progresse from sorrow to sorrow, I am sure I have a smiling conscience within me and the love of the Father made out to me through the Son, and for death I praise God I fear it not, and so dear friend I leave thee to the disposall of the Almighty hoping to meet thee in word, I meane in spirit, though now we are divided by death; I desire you would joyne in prayer with me, which we did.
Mr. Bunting told him, That he had heard very well of him, that he was an honest consciencious man, and that much of God appeared in him, for which he was glad; now he was appointed to die, it was good for him to make preparation, he having been one of the chief promoters of the late mutinie, which might have occasioned the shedding of much bloud, for which he was sentenced by the Councel of War to be shot; and said that the Councel was very tender in their dealing towards them, and that they desired not to shed bloud; though there were 14 more guilty, yet but him to die: however his intention might be good, yet a Mutinie being of such an high nature, could be adjudged no lesse then death.
Ans. Sir I am condemned, or brought here to dye, I bless my God I can freely submit unto it, having learned to look death in the face, hoping by the merits of the Lord Jesus to have life and salvation; I have done nothing whereof I am accused; I am sentenced as I think by their sixt Article to suffer. An Officer then stept in and said that he did before the Councel acknowledge that he was the chief of the mutinie; which mutinie deserved death: which presently was denied, saying that he was no more concerned then the rest, and for them to take away his life, was very partiall and unjust; but I pray God forgive them, and us all our sins; that it be not laid to their charge; I am sure their dealings with me is bloody for them to take away my life for a supposed crime, for that which might happen; besides I never went forth to uphold a Martiall Law to be executed in a time of peace, it being too cruel for any freeborn Englishman to live under: I went voluntarily forth being invited by declarations of Parliament, to stand by them in the defence of the just rights and freedoms of this Nation, for which I have engaged my life, and for the freedoms and liberties of the people, I now suffer. An Officer steps in and said it was in your own choice you might have left the Army if you would, for why should you continue under the power of it and not to obey. Ans. I am sure I have been faithful I never betray’d my trust. Severall of the Officers desiring him to retire, if possible they might disturbe him, it may be he would be private, the time is but short, therefore think of death. I bless the Lord I can willingly submit to dye; he then withdrew for a while and prayed, and came again discoursing a little with the Officers; called for his Sister and Friends there, came to the Souldiers that were to shoot him, and said, I freely forgive you and all the world; I pray sister forgive them. I am sorry to see that you should be brought to obey your officers to murther me, for you stand as if you were the men appointed to murder me; I pray God forgive you I doe: Whereupon the Officers thrust him away, and said he would make a mutinie among the Souldiers take him away; so being not permitted to speak to them, they shot him, &c. saying they were sorry to see him dye so. A mutineer he lived, and so he died.
But as he was honorable in his life and at his Death; so he was as honorably buried to the trouble of many of his enemies, who could have been contented to have his memoriall to be buried in oblivion, that their wickednesse might not be had in remembrance: But I beleeve he did not so much offend them in his life, but his death shall be a greater terrour to them in crying for vengeance on their heads: the guilt of whose blood doth trouble many of them already as I hear: However he is gone to his grave in peace with confidence in Gods love tto him through Jesus Christ, where he shall rest in his grave and at last stand up in his Lott having his Portion amongst the Just, and crowned with the loving kindnesses and enjoyment of God.
To his Excellency Thomas Lord FAIRFAX Generall of the English Forces.
The humble addresses of divers well affected persons, in behalfe of all those that are under restraint or censure of the Councel of War, or Law-Martiall.
Forasmuch as the Petition of Right, and other the known Laws of the Land do expresly provide against the exercise of Martiall Law upon Souldiers or others in times of peace, all Courts of Justice being open, and that the deprivation of life thereby in such times hath been adjudged in Law no lesse then murther.
And forasmuch as yet have declared to all the world, That the Army under Your Excellency’s Command was not a meer mercinary Army, hired to serve the Arbitrary ends of a State; but that they took up arms in judgement and conscience, for your own and the Peoples just Rights, the principall whereof are contained in the foresaid Laws and Petition of Right.
And finding neverthelesse those our undoubted Liberties never more encroached upon by the Military power and Law-Martial, Souldiers and others of late being frequently seized, restrained and attacked to death, and to reproachfull punishments without any regard to the Law of the Land, and tryall of twelve sworne men of the neighbourhood: as is manifest in your present proceedings against those Souldiers and others now under restraint, and censure of the Councell of war.
Hereupon we conceive our selves bound in conscience in behalf of the Liberties of the people of England to intreat and claim the benefit of those Liberties contained in the Petition of Right, and other the good Lawes of this Land: and that all persons now under restraint or censure of the Councel of War or Martiall Law, may be remitted to the tryall of twelve sworn men of the neighbourhood, and be proceeded against by due processe of Law; which I humbly conceive your Excellency and the whole army, are both by Law, and your many Declarations engaged to perform, and whereby only you will render your self acceptable to the present, and honorable to future Generations.
M. Robert Shaw and the rest went with this Petition, & after that came to White-hall, & there related to the prisoners what they had done in the business, & then M. Atkinson addressed himself, at M. Lockiers request to the Marshall General, & acquainted him with the particular carriage in the business how they had drawn up a Petition to the General, and did desire he would stay till they had an Answer. He replyed, that if so, they should wait upon the Generall for an answer, and meet him at Pauls, for there he was appointed to suffer. And to that end Mr. Shaw, Mr. Atkinson and others went to the Generall, whom they found at Grays Inn in Sir Thomas Withringtons Lodgings, and with much adoe were admitted to speak with him: Unto whom Mr. Atkins spake to this effect; May it please your Excellency, We are come in the behalf of a poor distressed man that is appointed this day, and almost ready to die: in whose behalf we only desire your Excellency be pleased to pardon, or but to reprieve him till tomorrow. And we are the rather incouraged thereunto by Reason of your wonted mercy in this particular. To whom he replyed, You come here about the saving of a souldier, who is already condemned by the Councell of Officers under me, and for a great crime of mutinie, wherein were ingaged many more besides him, at least 15; and I think, in such a high businesse as this is, you never knew a Generall to pardon so many as I have done; and now he is to suffer by course of Martiall Law, and it being past, it cannot be recall’d. To which we answered, Your Excellency hath shewen much mercy to poor men in the like nature, that did deserve more to die then he did: Therefore we were imboldened to sue to your Excellency for him, to which he answered, That he conceived he deserved to suffer as he did, and that it did behove us, if we were his friends, to prepare him for another world; and not to do as we do, to countenance him in any thing that is not regular nor safe; for he had like to have made a great fraction in the City and Army, and for that he is to die, and it lies not in my power to preserve him. Then we did beseech his Excellency to reprieve him but till to-morrow: but he would not condescend to neither. And so much passed to this effect, but nothing at all obtained from him.
The Copy of a Letter written to the Generall, from Lieut. Col. Jo. Lilburn and M. Rich. Overton, Arbitrary and Aristocratical prisoners in the Tower of London, the 27 of April 1649, in behalf of Mr. Robert Lockier, tyrannically ordered to be murdered by the pretence of Martiall Law by the Councel of War at White-Hall: M. George Ash, M. Joseph Hockley, M. Robert Osburn, Mr. Matth. Heyworth, Mr. Tho. Goodwin, all of Captain Savage his Troop in Col. Whaley’s Regiment; who by the said Councel were adjudged to cast lots for their lives, and one of them to die.
In which it is by Law fully proved, That it is both Treason and Murder, for any General or Councel of War to execute any Souldier in time of Peace, by Martial Law.
WEe have not yet forgot your Solemn Engagement of June 5. 1647, whereby the Armies continuance as an Army was in no wise by the will of the State, but by their owne mutuall Agreement: and if their standing were removed from one Foundation to another (as is undeniable) then with the same they removed from one Authority to anoother; and the Ligaments and Bonds of the first were all dissolved, and gave place to the Second; and under, and from the head of their first Station, viz. By the will of the State, the Army derived their Government by Martiall Law; which in Judgment and Reason could be no longer binding then the Authority (which gave being thereto) was binding to the Army: for the denyal of the authority is an Abrogation and Nulment of all Acts, Orders, or Ordinances by that Authority, as to them: And upon this account your Excellency with the Army long proceeded upon the Constitution of a new Councell and Government, contrary to all Martiall Law and Discipline, by whom only the Army engaged to be ordered in their prosecution of the ends, to wit, Their severall Rights both as Souldiers and Commoners, for which they associated; Declaring, agreeing, and promising each other, not to Disband, Divide, or suffer themselves to be Disbanded or Divided, without satisfaction, and security, in relation to their Grievances and desires in behalfe of themselves and the Common-wealth, as would be agreed unto by their Councel of Agitators. And by vertue, & under color of this Establishment, all the extraordinary Actions by your Excellency, your Officers, and the Army have past: Your refusall to Disband, disputing the Orders of Parliament; Impeachment and ejection of Eleven Members; your First and Second March up to London; your late violent Exclusion of the major part of Members out of the House, and their imprisonment without Cause declared, &c. which can no way be justified from the guilt of high Treason, but in the accomplishment of a righteous end, viz. The enjoyment of the benefit of our Laws and Liberties, which we hoped long ere this to have enjoyed from your hands: Yet when we consider, and herewith compare many of your late carriages both towards the Souldiery and other Free-People; and principally your cruell exercise of Martiall Law, even to the Sentence and execution of Death upon such of your Souldiers as stand for the Rights of that Engagement, &c. And not only so, but against others not of the Army; we cannot but look upon your Defection and Apostacy in such dealings, as of most dangerous consequence to all the Lawes and Freedoms of the People.
And therefore, although there had never been any such solemn Engagement by the Army, as that of June 5. 1647. which with your Excellency in point of duty and conscience ought not to be of the meanest obligation, We do protest against your Exercise of Martial Law, against any whomsoever, in times of Peace, where all Courts of Justice are open, as the greatest encroachment upon out Lawes and Liberties that can be acted against us; And particularly against the Trial of the Souldiers of Captain Savage’s Troop yesterday, by a Court Martiall, upon the barbarous Articles of Warre, and sentencing of two of them to death; and for no other end (as we understand) but for some dispute about their pay: And the reason of this our Protestation, is from the Petition of Right, made in the third yeer of the late King, which declareth, That no person ought to be judged by Law Martiall, except in times of Warre; And that all Commissions to execute Martiall Law in times of Peace, are contrary to the Lawes and Statutes of the Land. And it was the Parliaments complaint, That Martial Law was then commanded to be executed upon Souldiers for Robbery, Mutiny, or Murder. Which Petition of Right, this present Parliament in their late Declarations of the 9. of Feb. and the 17 of March 1648, commend, as the most excellent Law in England, and there promise to preserve inviolably, it, and all other the fundamentall Laws and Liberties, concerning the preservation of the Lives, Properties and Liberties of the People, with all things incident thereunto. And the Exercise of Martiall Law in Ireland, in time of Peace, was one of the chiefest Articles for which the Earl of Strafford lost his head; as appears Article 1, in the case of the Lord Mount-Norris (yet alive:) the same by this present Parliament being judged high Treason. And the Parliament it self, neither by Act nor Ordinance, can justly or warrantably destroy the fundamental Liberties and Principles of the Common Law of England: It being a maxime in Law and Reason both, That all such Acts and Ordinances are ipso facto null and void in Law, and bind not at all, but ought to be resisted and stood against to the death. And if the supreme Authority may not presume to do this, much lesse may You, or Your Officers presume therupon; for where remedy may be had by an ordinary course in Law, the party grieved shall never have his recourse to extraordinarie. Whence it is evident, That it is the undoubted Right of every Englishman (Souldier or other) that he should be punishable onely in the ordinary Courts of Justice, according to the Laws and Statutes of the Realm in the time of Peace, as now it is (there being no declared enemy in arms either in field or garrison ready to destroy the Nation with fire and sword, and by their fury and power stop or dam up the ordinary administration of the Law) and the extraordinary way by Court Martiall, in no wise to be used.
Yea, the Parliaments Oracle, Sr. Ed. Cook Declares in the third part of his Institutes Cap. of Murther, fol. 52. that for a General or other Officers of an Army in time of Peace to put any man, (although a Souldier,) to death, by colour of Martiall Law, it is absolute murther in that Generall, or Councel of War, &c. Because, saith he, this is against Magna Charta, ch. 29. and is done by such power and strength as the party cannot defend himself: and here the Law implyeth malic; vide Pasch. 14 fol 3. in Scatcario, The Abbot of Ramsey’s Case, in a Writ of Errour, in part abridged by Fitzh. tit. Scire fac. 112 for time of peace. Thomas Earl of Lancaster being taken in an open Insurrection, was by judgment of Martial Law put to death: in anno 14. Ed. 4. this was adjudged to be unlawfull, because (saith he) he was not arraigned or put to answer in the time of peace; and because the Chancery, and all other Courts of the Kings were then open; in which Law was done to every man, as it wont to be; and that against the Charter of Liberties, because the said Thomas being a Peer and Noble of the Kingdom, should not be imprisoned, nor should the same King passe Sentence upon him, but by the lawfull judgment of his Peers: yet in the time of peace, and without Arraignment or Answer, or lawful Judgment of his Peers, he was adjudged to death. Therefore erecting of Martiall Law now, when all Courts of Justice are open, and stopping the free current of Law, which sufficiently provides for the punishment of Souldiers as well as others (as appears by 13: H. 6: Ch. 18, 19. and 2, & 3 Ed. 6. Ch. 2. 4. & 5. P. & M. Ch. 3. & 5. Eliz. 5. & 1. Jam. 25.) is an absolute destroying of our Fundamentall Liberties, and the razing of the Foundation of the Common Law of England; the which out of duty and Conscience to the Rights and Freedoms of this Nation (which we value above our lives) and to leave you and all Your Councell without all excuse, we are moved to present unto your Excellencie; Earnestly pressing you, well to consider what you doe, before you proceed to the taking away the lives of those men by Martiall Law; least the blood of the Innocent, or the blood of War shed in the time of peace (and so palpable subversion of the Laws and Liberties of England) bring the reward of just vengeance after it upon you, as it did upon Joab the Son of Zerviah, 1 King. 2. ver. 28, 29, 30, 31, 32, 33. and the Earl of Strafford: for innocent blood God will not pardon, Gen. 9. 5, 6. and Rev. 13. 10. and which cannot be expiated but by the bloud of him that shed it, Numb. 35. 33. Deut. 19. 11, 12, 13. and 2 Sam. 11. 12. and 1 King. 21. 19. and 2 King. 9. 7, 8. 9, 10, 26, 33, 36, 37. and chap. 24. 2, 3, 4. and what the people may do (in case of such violent subversion of their Rights) we shall leave to your Excellency to judge, and remain
Your Excellencies most watchful observers
Tyranical Captivity in the Tower
of London,
The Postscript to the Reader.
WE desire thee to take notice, that M. Robert Shaw, M. Thomas Moulson, M. George Atkinson, M. Thomas Harris, M. Thomas Frisby, and M. Walter Allen, delivered a Petition to the Generalls own hands, to the effect of this Letter, divers houres before the execution of the foresaid gallant and honest M. Robert Lockier; which Petition and the Generals answer, you may at large read in the 3 and 4 pages of the Book called the Armyes Martyr: But nothing would satisfie the Generall but his innocent bloud; and therfore according to the Law of his will, he caused him to be murthered or shot to death in Pauls Church-yard; for whose innocent blood, both by the Law of God and the Kingdome the Generals ought to go without mercy or compassion; and not only his but also all the rest of his Judges and Executioners, for which by the Law of England they are indictable (by any honest English man) in the County where the murther was committed. And that this Act in shooting precious Master Lockier to death, is not only willfull murther in the eye of the law of England, but also Treason, is plainly and undeniably proved, in C. Iohn Ingrams plea, M. Wil. Tompsons plea, and M. Io. Crosmans plea, all of which are printed at large in Lieutenant Col. Iohn Lilburns Book, Printed, Feb, 1647. and called, The Peoples Prerogative, pag. 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56. And also in his additions to his second Edition of his Book called, The Picture of the Councell of State: And therefore let us tell the Generall. It may prove in time a vaine thing to him and his officers to protect themselves with their swords from the due course and proceedings of Law; least the people come to preach the same doctrine to the Generall and his Tyrannicall officers, that their darling friend the present Lord Chief Justice St. Iohn preached to the Earl of Strafford in the latter end of his Argument of Law Printed for John Battles, and made against him when he was upon his Tryall, whose words are these, That he in vaine calls for the help of the Law, that walks contrary unto Law, and from the Law of life for life; he that would not have others to have law, why should he have any himselfe? why should not that be done unto him, which he himselfe would have done to another? It is truth saith he, we give law to Hares and Deer, because they be Beasts of Chase; but it was never accompted either cruelty or foule play to knock Foxes or Wolves on the head as often as they can be found, because they be beasts of prey; The warrenner sets traps for Polecats and other vermine for the preservation of the warren,
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T.175 (6.27) Anon., The humble Petition of divers wel-affected Women (5 May, 1649).↩
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ID NumberT.175 [1649.05.05] (6.27) Anon., The humble Petition of divers wel-affected Women (5 May, 1649).
Full titleAnon., To the Supream authority of this Nation, the Commons assembled
in Parliament: The humble Petition of divers wel-affected Women inhabiting
the Cities of London, Westminster, the Borough of Southwark, Hamblets, and
Places adjacent; (Affecters and Approvers of the late large Petition) of
the Eleventh of September, 1648. In behalf of Lieutenant Col. John Lilburn,
Mr. William Walwyn, Mr. Thomas Prince, and Mr. Richard Overton, (now Prisoners
in the Tower of London) and Captain William Bray, Close-prisoner in Windsor-Castle;
and Mr. William Sawyer, Prisoner at White-Hall,
Imprinted at London, 1649.
5 May 1649.
Thomason Tracts Catalog informationTT1, p. 741; Thomason 669. f. 14. (27.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
TO THE Supreme Authority of this Nation, the Commons assembled in PARLIAMENT.
The humble Petition of divers well-affected Women inhabiting the City of London, Westminster, the Borough of Southwark, Hamblets, and places adjacent, In behalf of Lieutenant Colonel John Lilburn, Mr. William Walwyn, Mr. Thomas Prince, and Mr. Richard Overton, now Prisoners in the Tower; and Captain William Bray close Prisoner in Windsor-Castle; and Mr. William Sawyer prisoner in White-hall, Affecters and Approvers of the late large Petition of the 11. of September, 1648.
THat so great is our particular sorrow and affliction under the grievous weight of the publick Calamity and distress, that with longer patience we are not able to undergo the woe and misery thereof, or longer to sit in silence; for our oppressions are too many and great for us, we are not able to bear them and live; we are even distracted in our selves, we know not which way to turn us; and if oppression make a wise man mad, how is it better to be expected from us that are the weaker vessel?
We are so over-prest, so over-whelmed in affliction, that we are not able to keep in our compass, to be bounded in the custom of our sex; for indeed we confess it is not our custom to address our selves to this House in the Publick behalf, yet considering, That we have an equal share and interest with men in the Common-wealth, and it cannot be laid waste, (as now it is) and not we be the greatest & most helpless sufferers therein; and considering that poverty, misery, and famine, like a mighty torrent, is breaking in upon us, divers already dying weekly of Famine about the City; and we are not able to see our children hang upon us, and cry out for bread, and not have wherewithall to feed them, we had rather dye then see that day; And considering that for the prevention of the publicke calamity, our husbands, our children brethren and servants, have uncessantly waited upon this House with Petitions and addresses (while we in silence have sate at home) and instead of your good acceptance thereof, their Petitions have been sleighted and rejected, some burnt by the hand of the Common Hangman, others voted treasonable and seditious, and the Authors and Promoters guilty of high Treason, and to be proceeded against as Traytors, and upon that account severall have bin fetched from their Houses in a warlick manner and imprisoned: So that our hearts are in continuall fear of our husbands, our sons or servants, while they are promoting any thing in the behalf of the Comon-wealth, or waiting upon you with petitions, that we can neither eat, nor drink in peace, or sleep in quiet, so mightily are we terrified at the hostile violence now exercised; which hath so exasperated and stird up our spirits within us, that if our husbands, sons or servants must be imprisoned and suffer as traytors for upholding the Cause of the people in their native freedom and right, we are resolved in our weak endeavours for the same ends to suffer and perish with them, not knowing what good issue God may bring out of the same: this we know that for our encouragement and example, God hath wrought many deliverances for severall Nations, from age to age by the weake-hand of women: By the counsell and presence of Deborah, and the hand of Jaell, Israell was delivered from the King of Canaan, Sisera and his mighty Host, Iudges 4. and by the British women this land was delivered from the tyranny of the Danes (who then held the same under the sword, as now is endeavoured by some Officers of the Army) and the overthrow of Episcopall tyranny in Scotland was first begun by the women of that Nation. And therefore we shall take the boldnesse to remember you;
That our Husbands, our selves and friends have done their parts for you, and thought nothing too deare and pretious in your behalf, our mony, our plate, jewels, rings, bodkins, &c. have bin offered at your feet: And God Almighty hath blest the hearty and well meant endeavours of those that have assisted you with answerable success, so that no impediment remaines but that you may remove every yoake, and make good those promises of freedom and prosperity to the Nation, by which good men were invited to your service.
Yet not withstanding we know not yet what oppression is removed, we know many that are brought upon us, yea those very particulars of tyranny that were complained of in former Rulers, and were the just cause of Gods displeasure against them, and so of their destruction; are yet practised by your selves in the Case of Lievtenant Colonel Iohn Lilburne, Master William Walwyn, Master Thomas Prince, and Master Richard Overton, as if God Almighty had now relinquished you, and did permit you to doe those things that not only contradict your selves, but pronounce your own condemnation out of your or own mouthes.
And forasmuch as the violent force and illegall proceedings upon them is every mans case, and that souldiers by the same rule may be sent we know not how soon to our own houses, to fetch our Husbands children or servants from us to the like affrightment of us and ours, as sadly befell unto these; and seeing that to this condition all are subjected by the perfect force and terror of the sword, we are even startled and stand amazed at your defection, that your hearts should be so hardened, as to justifie what the Counsel of State have done in commitment of those men who are persons that have ever manifested a most hearty affection to the peace and prosperity of the Common-wealth, and most compassionately tender and sensible of others sufferings; and this dealing with good men is but a bad requitall for the blood and treasure of the people. We have had many good words, promises and declarations from you, but where are your works? it is not your words, your declarations and acts of Parliament (as you call them) will feed or cloath us or our children, while our husbands, servants and best friends are imprisoned by your Arbitrary Warrants, while Trading is utterly driven away, all kinds of Provision for Food at a most excessive rate, multiudes ready to starve and perish for want of work, employment necessaries, and subsistance; Tythes, Excise, Monopoiles continued, to the extreme disheartning of Tillage and Trade, Taxes more and more then ever, and those rigorously executed, the Souldiers being put upon Streining for goods in case of default of paiment, that truly the lives of our selves and families are full of troubles, fear, grief, repining and anguish of Spirit; and all those our greivances we must impute to the evill use that is made of your Authority, for it is all acted upon us in your name; so that till you vindicate your selves by your good works to the People, from those ourages and cruelty of the Sword upon us, we cannot see how you can pass innocent and free from the vilest guilt.
And therefore by all the obligations that lie upon you from God, your Country, those good men that have lost or ventured their lives for you; for your own sakes and posterities, we beseech you.
That laying all self-respect and vain affectations of wealth or Greanesse aside, (wherein true happinesse indeed consists not) you would be pleased to set your selves cordially and sensibly to remove the burthens of the people, and settle this common-wealth upon foundations of true freedom, and for a present testimony of your sencere intentions therein,
That Lieut. Col. John Lilburn, M. William Wallin, M. Thomas Prince, and Mr. Richard Overton, now prisoners in the Tower, and Captain William Bray close Prisoner in Windsor Castle, and Mr. William Sawyer prisoner in White-hal, may be forthwith released, with reparation from those that have done them so much injury and damage, and in such sort as others may be careful how they exceed the bounds of Law and Reason. Also, that the Souldiers may never be authorise to intermedle in the Civill Authority, or be used but in cases of War, and forcible resistance.
And then, if any person have ought against them, we intreat they may (from first to last) be proceeded against as by the Law of the Land is already provided, and not otherwise in a tittle: Our said Friends, in our esteem, and in the apprehensions of all unbyassed men we have heard of, being so far from being guilty of Treason, that we are fully perswaded it will never go well with this Nation, either in its Peace, Freedom, or prosperity, so long as such men are so ill requited for all their pains, costs, labours and hazards in behalf of the Common wealth; nor untill their motions, counsels and propositions are better regarded; there never having been desired or offered to this House things for common good, so essentially necessary in their several seasons: as, that Petition that was burnt by the Hangman, that of the 11. of Septemb. and the Agreement of the People; the last whereof, as the finall result of the rest, we intreat may finde large encouragement from this Honourable House; that so we may speedily have a new and equall Representative.
We also intreat, that you will be pleased to declare particularly wherein the said Book laid unto their charge, tendeth to the hindrance of the relief of Ireland, or the continuance of free-quarter, or is treasonable in it self, because you have by your Declaration made the same, and the abetting thereof in any person to be no less then Treason. For our selves, not being satisfied of any such thing in the Book, and no particulars being mentioned by you, how or wherein it is treasonable, your Declaration is no other then a snare to us, our Husbands, Children and Servants, whereby unawares we may be entrapt in our discourses about any thing contained in the said Book.
Also, that you will be very wary in making any thing to be treasonable, or a capital offence, that is not essentially destructive to civil Societie: then which we know nothing more, then the exercise of an arbitrary Power, or continuance of Authoritie Civil or Military, beyond the time limited by Trust or Commission, or the perverting of either to unjust, bloudy, or ambitions ends; things which our said Friends, with others, have much complained of and for which principally we beleeve their lives are (by those that are guilty) so violently pursued, that it appeareth, there was an intent by sudden surprize in the said-night to fetch them from the Tower to White-hall there to murther them, if by the pretence of Law they could not destroy them.
So that their condition is very sad and desperate, their enemies being absolute Judges over them, masters of all power, answerers hitherto of all petitions, and directors of all things concerning their tryall, so as we are amazed to consider, which way their deliverance should come, and should despaire but but that we trust God will be pleased to raise up deliverance from amongst you, in preserving of whom you will preserve your selves, your wives, children and the whole Nation from bondage and misery, and thereby discharge a good conscience in the trust you have undertaken, and become the joy and rejoycing of your Petitioners and all well-minded people, who otherwise are like to spend their dayes in nothing but misery, bewailings and lamentations.
All those Women that are Approvers hereof, are desired to subscribe it, and to deliver in their Subscriptions to the women which will be appointed in every Ward and Division to receive the same, and to meet at Westminster Hall upon Munday the 23 of this instant April 1649, betwixt 8 and 9 of clock in the fore noon.
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T.193 (9.40) Robert Bennet, King Charles Triall Justified (9 May, 1649).↩
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ID NumberT.193 [1649.05.09] (9.40) Robert Bennet, King Charles Triall Justified (9 May, 1649).
Full titleRobert Bennet, King Charles Triall Justified: Or, Eight Objections against the same fully answered and cleared, by Scripture, Law, History and Reason. Being the sum of a Charge given at the last Sessions held at Trewroe in the County of Cornwall, Aprill 4. 1649. By Colonell Robert Bennet.
Published by Authority. LONDON, Printed for R. A. 1649.
The Tract contains the following parts:
- The sum of the Charge at the Sessions held at Trewroe Aprill 3. 1649. for the County of Cornwall.
- To the Religious and Honorable Sir Waller Knight, Commander in Chief of all the Western Forces and Garisons.
Estimated date of publication
9 May, 1649.
Thomason Tracts Catalog informationTT1, p. ; Thomason E. 554. (21.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
Text goes here
The sum of the Charge at the Sessions held at Trewroe Aprill 3. 1649. for the County of Cornwall.
GEentlemen, By the good providence of God we are once more met upon this imployment of Justice, the conservative of our civill peace; wherein the goodnesse of our God is the more observable, that even while the Sword (which had wont to silence the Law) hath been called to act in most parts of the Kingdome, our Judicatures neverthelesse have had their freedome to heare and redresse the peoples complaints, Deus nobis hac etia facit; this is no other then the finger, yea the right hand of the Almighty amonst us. It is fallen unto the lot of a very insufficient person to give the Charge this day, especially considering the late transmutations in the Nation, which in no reason may be slipt over in silence at such a time as this. I know they have given occasion to the raising of many regretfull Objections in the minds of the people, the which to remove, I conceive it a proper work for this occasion.
Say some, The King is dead, and by what Authority dost thou these things, and who gave thee this Authority?
We act as Justices by Commission, and Authority from the Legislative power of the Kingdome, the Commons in England, vertually the same Authority gives us our Office that gave all the Kings of England their Office and Trust, which appears by that Interrogatory to the people in the old forme of their Coronations, Will you have this man to reigne over you? Which Solemnity the Law intends should be at a generall Convention of the whole Kingdome, and inflicts a penalty upon every man of estate that shall be then absent; and the practise of the Kingdome was suitable to the Law, the greatest number of Kings, since the Conquest, having no other colour to the Crown, but the Parliament and peoples Authority. We sit as Justices by the same Authority, which was to chuse the Laws and Customes, by which the Kings of England were bound by Oath to govern the Kingdome: The same Authority by which all the Courts of England stand, and their Officers uphold the justice of the Common-wealth, even from that authority under God we derive our present power, which gives a legall existence to all the just powers Civill or Military, which ever were or now are in the Nation. And although this and other services had wont to be in the Kings Name, it will appear to have been but for matter of form, and that the life and power was in and from the people, because the people brought that power into a Law, the Law trusted the King with it, to convey it to particular persons, the people limited the trust they gave the King in the Law, he might not dispose it as he pleased himself, he might not Commission an Alien, or a Papist: and therefore the people are the originall of all true power, and that conduit Pipe of Authority (the King) being cut off, the trust returnes to the first givers (the people,) from whom our authority as out of the very fountain issueth.
2. But the King is dead, not by a naturall, but a violent stroke: How cometh that to passe?
The King indeed is fallen by the stroke of Justice, which smote him openly for his Crimes, and the bloud he had shed in the face of Heaven; and I confesse when persons of highest trust among the people are brought to the Axe, it presents us a dolefull case: Neverthelesse when fury doth not hurry them, but Justice laies hold upon them in the way of God, we have all cause to sing, Gloria Deo an excelfis, in terris, pax, inter homines benevolentia.
3. But is not the Person of the King priviledged? doth not the Scripture say, He that toucheth him shall not be innocent?
The King must not be touched by the secret, or open violence of men upon any pretence, when he performs his office: Nay, he may not be touched for his offences upon mens irregular passions; but the King and every son of Adam, may and must be touched by the Ordinance of the Almighty set up against evill doers, even by the impartiall hand of Justice, which is Innocency it self. I confesse that King that sits upon his Throne, and scattereth the wicked wish his yes. That King that faithfully judgeth the poor, his Throne shall be established for ever, he is the priviledged King that must not be touched. But such a one was not the person fallen, but a mighty hunter of his poor people before the Lord; and if so, The holy God who respecteth not persons hath given us in his Book precept and instance beyond all exception, that in such case no mortall humane flesh hath a priviledge from the stroke of Justice to the losse of life. As therefore the Objector hath appealed unto Scripture, unto Scripture shalt thou go, Gen. 9. 4. 5. 6. verses. God forbids all eating of Bloud because it was the life of the Creature, in the fourth verse: The reason of this prohibition appears in the entrance to the fifth verse, your bloud of your lives will I require, he will surely make inquisition for the bloud of man; and then the Lord expresseth himself in the manner in a universall proposition, which (saith Deodat.) laies impartiall hold on great as well as on petty offenders. At the hand of every mans Brother will I require the life of a man, which I understand in the active, as well as in the passive sence, viz. that every brother do-bring, as well as be brought to Justice for bloodshed: And that God requires this at the perill of the neglecter (though a brother) as well as declare it to the terrour of the spiller of bloud (though a brother) and then at the sixth verse we have a plain irrepealable Law in the cause; He that sheddeth mans blood, by man shall his blood be shed; with such a reason annexed, as admits no exception amongst the sons of Adam, for its the Image of God made he Man, so that two universall. Propositions arise out of these words. First, Every murtherer is to be put to death. Secondly, Every man that will be guiltlesse of bloudshed, must indeavour to bring the Murtherer to Justice. And in further evidence to the truth here of, let us consider, what a likenesse hereunto have all Gods expressions upon this occasion. More precisely in the 35. of Numbers, a Chapter treating only of this subject of bloodshed, there we see the first universall Proposition frequently repeated in terminis, The murtherer shall surely be put to death, verses 17. 18. 19. 30. 31. And no lesse plainly have we the second universall Proposition in verses 31. 33. 34. expressely declaring that bloudshed defiles the Land, that the Land cannot be cleansed, but by the bloud of him that sord it. And that therefore they should execute the Murtherer, that they might not be defiled with blood. There shalt take no satisfaction for the life of a murderer. The murderer shall surely be put to death. So we see it is plain, every man that will be guiltlesse of bloudshed must endeavour to bring the murtherer to justice. And therefore if the King be descended of the sons of Adam, and if he have unjustly spilt the bloud of his people, the Scriptures are plain that he hath no priviledge, and that unlesse the people indeavour that the hand of Authority touch him for it, the blood he hath spilt hath defiled them all, and they cannot be innocent. His Throne can give him no priviledge in this case of blood, God would not endure that his Throne should exempt from Justice: the Sanctuary was his Throne amongst men, yet God commands the murderer to be taken thence & executed, Exod. 21. 14. And wise Solomon understood it so, when he commanded Benhalah to execute bloud guilty Joah having the horns of the Altar in his hand: & if God would have the bloud guilty person pluckt from his own most sacred Throne, yea executed in it, (which in other causes was an insufferable prophanation) it cannot displease him to pluck a Murtherer to Justice from the Thrones of men: and as the Scriptures clear the Thesis, so their instances make good the practise, that Kings are responsible to God and to men too, for their bloodshed and misgovernment: that they have no such priviledge of Impunity for their Prsons as their Parasites have flattered them to believe, which King Agag found to be true, notwithstanding his Plea that he acted, &illegible; & tempore belli, and had Quarter given him, 1 Sam. 15. 33. the Kings of Israel and Judah give us many presidents of the same: the cause of &illegible; upon Jehoram being very opposits, God giving testimony by a blessing upon his posterity, 2 Kin. 8. 30. and although the persons that acted in chiefe in such causes, for their indirect intentions and other prevarications, often drew upon themselves the wrath of God, & altered the nature of the work in their own persons; yet did not that at all cleave to it in the Abstractum of executing Justice upon the capitall Offender, which all along we find approved as well as commanded of God. And if I may be permitted to travell amongst the Nations of the world, what people hath not avowed their right herein? Let the Queen-Regent of the Western world, Imperiall Rome (as she gave law to all the rest) speak for all. How often did it change the forme of the Supreme Authority for the corruptions of those that were intrusted with it. Remarkable is the Sentence of the Senate upon the Emperor Nero, who for his misgovernment and basenesse was adjudged to be whipt to death, saith my Author, In consensu Senatus &illegible; Ducum, & exercituum jùste Decretum est ut Tyrannus telleretur. Although he escaped execution by being his owne Executioner a day too soon.
4. But was not David guilty of the death of Uriah, and yet he did not suffer for it? Nay, did not David execute the Amalekite that slew wicked King Saul, because he stretshed forth his hand against the Lords Annoynted, notwithstanding the Amalekite pleaded, that Sauls escape was past hope, and that what he did was to put the King out of the anguish and pain he was in?
First, for the case of David in the death of Uriah, although this Answer were sufficient to that Argument, to say, that it is absurd, and illogicall, because it concludes from a particular to a universall, and from a matter of fact to a matter of right Negative: and another sufficient Answer to this Argument may be, that the death of Uriah being secretly contrived to be done upon an assault by the hand of the Enemy, where there were others in the party, and Uriah might have a possibility to come off, that therefore no humane Judicature (which is to proceed secundùm allegate & probata) could find the matter of fact; yet I rest not in these replies, but for satisfaction to this doubt I answer, That it was not Davids Regall Authority that did exempt him from Justice in this case, but it was the indulgence of the Almighty upon his true repentance: and the Text is plaine for it, 2 Sam. 12. at the fifth Ver. David unawres giveth a sentence of death upon himself to Nathan, and at verse 13. there is Davids repentance, I have &illegible; against the Lord, then follows the Lords indulgence, the Lord hath put away thy fin, and that is not all, thou shalt not die; there is Davids full discharge from the hand of Justice for the case of the Amalekite: what a sencelesse argument more is this, to conclude from Davids execution of Justice upon a wretch, for a bloody murther upon a King when he was in the most undoubted discharge of his duty, unto the exempting of a tyrant from Justice for his misdeeds? who did ever justifie such a wilfull murther upon any man though never so wicked!
5. Quis est tam magnus pro tanto munere hoc? Is not the King Supreme who can try him, seeing, Supremo non datur Superius?
There is great odds between Supreme in power to give, and Supreme in power given, he that is only Supreme in power given, is not so high but that there are greater then he, and such is the King, of whom it was true, that he was Major singulis, but Minor universis, and long since this Nation knew the Kings Superiour, Scilicet Curiam suam, saith old Flara; the people in Parliament who often heretofore did and now again may try their Kings as well as other Officers.
6. But what say we to that clause in the third Article of the Covenant, which respects the preservation of the Kings person and Authority. The Article runs thus. We shall with the same reality and constancy in our severall vocations indeavour with our lives and estates mutually to preserve and defend the rights and priviledges of Parliaments, and the Liberties of the Kingdoms, and to preserve & defend the Kings Majesties person and Authority, IN THE PRESERVATION AND DEFENCE of the true Religion and Liberties of the Kingdoms, that the world may bear witnesse with our consciences of our Loyalty, and that we have no thoughts or intentions to diminish his Majesties just power and greatnesse.
The plain purpose and scope of this clause in the Article concerning the King, war to testifie the tender &illegible; we had to him, and must (to our comfort) &illegible; a &illegible; thereof to all Generations; as also that we endeavoured (if it had been possible) to winne the King to us, before he had run himself and the Kingdom into more mischief: and the better to prevail herein, we gave him, which may more, this Solemne assurance in the Covenant, that we meant to give him the greatest share &illegible; the preservation of Religion and the Liberties of the Kingdom, that we should exalt his Throne, and make him greater (if it were possible) in the affections of his people at home, and more feared of his enemies abroad, then any of his Ancestors: But the King in whose power alone it remained, by joyning with us to put or into a condition to act What we &illegible; &illegible; rejects the Tender, Declares and makes warre against us. What colour &illegible; there then to presse it now upon all the plaine and Grammaticall sense of the Article being, that is covenantests for some things absolutely and singly, viz. to &illegible; &c. the preservation of the Priviledges of Parliaments, the Liberties of the Kingdomes and &illegible; Religion; for other things it &illegible; under a restrained, &illegible; and conditional sense, viz. to preserve the Kings person and Authority; the express words are IN THE PRESERVATION of Religion and the Liberties of the Kingdomes, and no otherwise, not farther then so. And thus both sides alwayes Interpreted this Article; That the King and his party understood it thus, besides many other arguments drawn from their violent practises against it, appears very plainly in all their Pamphters against the Covenant, many of which I have seene, the chiefest of that party concluding from this Article, that unlesse the King &illegible; with the Parliament (to use their own words) turne Roundhead, the Covenant provided not at all for him: Very much to this purpose &illegible; a Treatise against the Covenant printed at Bristol about five yeeres since, and another set forth by the University of Oxford, approved by generall consent in a full Convocation, June 1. 1647. Nay some of that side, of no small judgement, have &illegible; (and well enough they might) as to the Kings interest which they endeavoured to set up) that it had beene farre better the King had not been mentioned as all in the Covenant in that limited sense. That the Parliament doth so understand the Article, appears, that immediately after the Covenant had beene taken, they did more vigorously prosecute, and require others to prosecute the warre, even when the King was upon the place, without any respect to his person and authority, and after gave Commission absolutely without limitation or restraint in that case. And moreover, the Parliaments using of the Kings name in their publike authorities, hath still beene interpreted in opposition of his person, because his person was in opposition to his duty, which was to protect the people and the Courts of Justice, not to make war against them; and so and no otherwise they have still interpreted themselves to the people in the Oaths of Supremacy and Allegiance, and all other ingagements of like nature, as binding the people to the publike Liberties in opposition to the Kings person now in armes against them. And we have all along so understood them, and not otherwise; that if at any time the preservation of the Kings authority and person stood in competition with Religion and the publike Liberties; we have beene instructed that the Covenant and Oathes aforesaid bound us to preferre the latter: Unto all which, if we adde the warre, mischiefe and bloodshed of three Kingdomes by the King maintained to the last extremity, it will appeare, that neither the Covenant and Oathes aforesaid, nor any heart truly conscious of the glory of God can afford a plea sufficient to exempt the King from Justice; And sure, it is the horrible unrighteousnesse of our natures to think that God likes well the execution of inferiour offendors, and the sparing of the Capitall, in one and the same matter.
But there were no Lords consenting to this Tryall of the King.
You cannot say so; tis true, the majority dissented; but what of that? Hath the Negative of the Lords House beene judged a sufficient Barre to the proceedings of the Commons? The matter was otherwise about seven yeeres since, when Master Pim was sent to the House of Lords to tell them, that if they refused to joyne with the Commons in setling the Militia, the Commons would do it of their owne authority, and the Lords should have no share therein; and the matter was otherwise when about five yeeres a worthy Gentleman of this County, now upon the Bench, being unjustly imprisoned by that House, was discharged with dammages by the Commons to his immortall honor.
I am sure if the King cannot justly claime a Negative against the People, because he is sworne to Governe by the Lawes which the People shall choose; the Lords who never had the Peoples choyce, but sit by Patent from the King, cannot claim a Priviledge against the People, which the King that gave the Patent had not in himselfe. I honour the persons of the Nobles of England and their lawfull Priviledges, and I am perswaded that the truly noble amongst them will not keep up such Priviledges as are not consistent with the Fundamentall Priviledges of the Free-borne English Nation the mother of us all; and for the rest I am apt to say with the Philosopher, Nulla mibi inter malos & Tyrannes Nobilitas.
But the Commons House was not free; They had a Treaty with the King, How came that to be broken off? Did not the Army interpose, and take many Members, and imprison them coming to the House?
First, ’Tis somewhat worth your notice, That the Treaty expired before the Army acted, otherwise then by way of humble Message; neverthelesse (if the Councell of the Almighty had been so) I could have wished that there had never been a colour for this Argument of a force upon the Parliament, which hath been over and over the Plea of every side; I could wish there had been no colour for it when the Scottish Army was kept so long in the Kingdome at their first entrance, and after satisfaction given them; nor when the tumults came first to Westminster; or when the Seamen came first against White-Hall with Ordnance in Liters; nor upon the frequent insurrection, and insolent Petitions in and about London upon all emergencies; nor upon this last occasion mentioned in the Objection: But I perceive God had a purpose to staine all creature glory, by suffering men to run into folly so far, that sometimes by force they must be pulled out of the fire they had kindled upon themselves and others. The answer which the Parliament party gave their adversaries upon this &illegible; was, that they cordially endeavoured the publike good, and the redressing of the soule abuses in the former government, that the sonnes of Zerviah were too hard for them; that there was an intended, yea a visible mischief acting against the honest party by a Malignant party; that their owne actings which had any appearance of force, had an equitable &illegible; in them, were defensive, because they were either for the prevention, or for the present encounter of such eville as were ready to over-run all. And that designes of that mischievous nature securely prevented, they did resolve to abandon all force, and to live onely upon rule of Law. And when indeed & bona fide the case is such, I do not think but force, which is as much the Ordinance of God, as freedome, hath then its rightfull use and exercise, viz. to set at liberty that justice and truth which corrupt man hold captive, under a pretence of Priviledge, and that the equity of mans intentions and actings in such extremities, will Justifie before God and man, rather then the letter applyed to uphold a mischief, & this case must needs be frequent in Imperfect humans Constitutions, unlesse rules seasonably make remedy upon complaint; and this was apparently the case between the King and Parliament in sundry particulars; and let the judicious say (having read the Armies Remonstrance) if this became not now againe truely as much the case of the Kingdome as then: And yet besides all this, the Army will plead that when they did interpose an act, after multiplied addresses made to the Parliament and themselves, they did it for the removall, rather then the laying on of a force upon the Parliament, the Houses enjoying an unquestionable freedome when the King rejected the foure Bils presented to him in order to a Personal Treaty, and consequently when they passed the Votes of Non-Addresses which followed therupon, which Votes stood good many Months; but &illegible; party in Scotland liked not this course, their great design being to keep and maintain themselves an interest in this Common-wealth; and under the abused names of Treaty, Covenant, and Church-government, they close with the Cavaliers; in falls a round party that had appeared for the Parliament by Land, &illegible; and Jordan by See, the Lord &illegible; of &illegible; formerly made Speaker of the house of Lords pro tempore, and the multitude of the City, & revolted Shipping united all together, quickly found a meanes to kindle such a flame in the bowels of the Kingdom, that nothing but the hand of God remained of power to quench it again; imperious petitions daily storm the Parliament, speaking concurrently with all the rest the same language for a Cessation and personall Treaty.
Where was the freedome of the Parliament in the midst of all these tumults? and now many faithfull Members being abroad to quench this horrid flame, and others overwhelmed with this new faction, the rest got an opportunity to revoke the Votes of Non-Addresses so solemnly and deliberately passed, and to carry the House for a Personall Treaty upon the worst and most dishonourable termes that had &illegible; &illegible; &illegible; &illegible; the Sunne on the part of the Parliament. All the Parliaments friends abroad, Presbyterians and others, stand &illegible; at the matter; the Kings party in City and Country triumph and browbeat their Conquerors; Pamphlets printed to vent much scorne and menacies upon the Parliaments friends; at length we all petition against this defusive Treaty, the petition’s rejected; then all honest parties of the Kingdome close, and as the last visible remedy, sollicite the Army to interpose, by this time returning from one of the wonders of this generation (besides other &illegible; matters) the dissipation of the three potent Armies, in the North, West and South. The Army in behalfe of the Kingdome at length humbly remonstrates to the Parliament against the Treaty, or at least that they would be more cautious what they did in it; for want of audience the Army is faine to declare against it; but they were now sunk into so deep a &illegible; they were sensible of nothing, although God himself in most mens judgements, declared against the Treaty: in that after so many additions of time to lengthen it out, and after the utmost industry used to shuffle up in end, the time expires, and all parties are forced to break off without any thing done, and to summe up the fruit of all this expensive tedious Treaty in a Vote, that the Kings Concessions were not satisfactory; truth is he had granted nothing at all to the satisfaction of the Kingdome; and yet the strong factions in and about the Parliament within foure dayes, and nothing more done or &illegible; carry the House againe into a Vote, that the Concessions were a ground to proceed upon to settle the peace of the Kingdome, all which tossing, turning, and &illegible; in so bad a businesse, was no other in my eye then the effect of a force upon the freedome of the Houses first mentioned. And then, and not till then, to prevent a worse mischiefe, the Army appeares Vim vi repellers to settle the Parliament in the freedome which it had before the Scottish Confederacie, and the repeale of the Votes of the Non-Addresses; and for their seizing the persons of the Members, I confesse it is my opinion that they that had a hand in, or gave countenance to so dangerous a Treason, are not fit to be trusted with the Liberties of England. Desperate is the safety of that Common-wealth, where the persons trusted with the supreme Authority challenge a priviledge of impunity when they transgresse.
8. They that are apt to object that this doctrine exposeth persons in Authority to the daily violencies of the instable multitude:
Did they Christianly consider from whence the safety of Rulers ariseth, they would blush to make that objection; God is the alone giver of safety, and well-governing is the good Rulers best preservation; If the Heathen Poet could say, Integer vitæ scelerisque purus non eget &illegible; faculis nec arcu; I would not have Professors of Christian Religion more faithlesse then the Gentiles; the uprightnesse of the upright shall deliver him; and let men make their Tower never so strong, unrighteousnesse will make them desolate. To conclude, although the King be dead, although he be fallen by the hand of Justice, notwithstanding his pretence of personall priviledge from Scripture, or from his Supreme Authority, notwithstanding the clause in the Covenant, and the non-concurrence of the House of Lords, or pretended force of the Army upon some Members, or any other objection, our Authority as Justices of the Peace, appears to me unquestionable and sure. And what I have spoken upon this subject, I desire may not be understood to aggravate, or keep up differences amongst men; I have laid aside many &illegible; things because I would not offend; & I professe seriously in a conscientious desire of the peace and good agreement of all men, that desire peace, I have been thus large to cleare the foundation of the freedome and authority of the Commons of England, that we might all build our peace together upon this sure Corner-stone under God. You see I have not favoured any particular interest above other in al my Discourse, I have spoken under no other name but as an English man, and a promoter of common justice without respect of persons; tis your Priviledge to enjoy it, as old as England; your unsetled minds hinder the enjoyment of it, and lengthens out your troubles and burthens, to the griefe of those that labour for you, in this, and other Seates of authority; this is the worst I intend, publike peace upon a foundation of equall Justice; and I specially commend it for the present service to the Grand Inquest; because in order thereunto by you the first part is to be acted: I shall not fall into a particular enumeration of offences, and Statutes made against them, as the manner is; it is common to you at every Assizes and Session of the Peace; and I am confident you need nor a repetition (at present) therof. Thus much only be pleased in the generall to hear in that kind; Let not blood, oppression and fraud escape your severest inquiry; respect no mans person that comes in judgement before you, present all wilfull and prophane Blasphemers of the Name and Majesty of God; let vagrant Rogues, Idelers, and the common Nurseries of all basenesse and mischief [Alehouses] feele the Justice of the Law. And while you are together, bethink your selves of something of your own, for the better securing of the County against invasion and insurrection: of somthing for the advance of your own Manufactures and Commodities; for the bettering of the condition of the poor (that, that shame of men Beggars and begging may cease amongst us) and whatever else may give an advancement to righteousnesse and peace, and we on the Bench shall joyne with you, and the God of Righteousnesse and peace direct us all. Amen.
FINIS.
To the Religious and Honorable Sir &illegible; Waller Knight, Commander in Chief of all the Western Forces and Garisons.
Honorable and Honoured Sir,
BEsides the task while by our trust hath put upon me amongst this Forces in field, a Garison within this County, and besides this businesse of my own particular command, I have also all along &illegible; a shars in the Civill administrations; the last singly considered (I confesse) had been enough to be laid upon such a one as I am, &illegible; pleads my excuse with you, if there appears &illegible; that &illegible; in my businesse which is desirable; I am full of &illegible; to have all things amongst in under a Contentfull as well as a secure management, and therefore I was &illegible; (being moved unto it) to give the Chargs &illegible; the last &illegible; of the peace, where, as I had an opportunity, so &illegible; it my duty to satisfie the Country concerning the late and prisone proceedings of the Parliaments; which have been miserably abused by &illegible; &illegible; objections raised to trouble and interrupts the settlement of the Common-wealth, the most materiall of them, have been &illegible; sines &illegible; second, and therefore what I did in that Province, is little other than a Reputation of old Parliament language, and that phrase of &illegible; I have &illegible; hope my self unto in all my Replies is the &illegible; &illegible; And here wish I presime the whole to your view; the Paper I &illegible; hath some &illegible; difference from what win &illegible; the &illegible; beauty. I used in expression, carrying on hath were &illegible; then would &illegible; the paper; and in our or two passages, the Paper gathering up what use &illegible; the present expression. I affere you, &illegible; &illegible; is one and the something in word and writing. I set not any &illegible; &illegible; upon is as worthy the sending to you. That you may be persons did the former to accept of my good will; and over-look my &illegible; in your own &illegible;-left in my trust, when this Paper shall &illegible; you of ther imployments which must be sometimes &illegible; is the &illegible; sigme driven at by, Sir,
Cornwall April 23. 1649.
Your affectionate Servant,
Rob. Bennat.
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T.194 (6.13) Oliver Cromwell, The Declaration of Lieutenant Generall Crumwel Concerning the Levellers (14 May 1649).↩
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Bibliographical Information
ID NumberT.194 [1649.04.14] (6.13) Oliver Cromwell, The Declaration of Lieutenant Generall Crumwel Concerning the Levellers (14 May 1649).
Full titleOliver Cromwell, The Declaration of Lieutenant Generall Crumwel Concerning
the Levellers; and His Letter and Representation to the Agitators of the respective
Regiments who have deserted and declared against the Parliament, the Councell
of State, and the late proceedings of the High Court of Justice. With the Declaration,
Resolution, and Proposals of the said Levellers, presented to the view of the
World, intimating the Grounds and Reasons of their Engagement, and to die as
one man with their swords in their hands, rather then to be inslaved. Also,
Two Fights between the Levellers and the parliamenteers, neer Worcester and
Banbury, the particulars thereof, and the number killed; with the Levellers
Summons to the City of Coventry.
Imprinted at London, for G.H., May 14. 1649.
The Tract contains the following parts:
- The Declaration of Lieutenant Generall Crumwel Concerning the Levellers
- Humphrey Brooke, The Levellers new and ultimate proposals (28 May, 1649)
Estimated date of publication
14 May 1649.
Thomason Tracts Catalog informationTT1, p. 743; Thomason E. 555. (12.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
THE DECLARATION Of Lieut-General CRUMWEL Concerning The Levellers; and the particulars of a Fight neere Banbury, and the City of Worcester; With the Levellers Summons to the City of Coventry.
THis morning his Excellency the Lord Generall Fairfax, and Lieutenant General Crumwell, randezvouzed with their Horse and Foot neer Andover, where the Lieu. Gen. rode to the head of each Regiment, declaring. That He was resolved to live and die with them, and that as he had often engaged with them against the common Enemy of this Nation, so was he resolved still to persist therein, against those Revolters which are now called by the name of Levellers; not doubting but that they would as one man unite, and with unanimous spirits follow him, for the subduing of them, and bringing the chief Ring-leaders thereof to exemplary punishment.
Many declared a great willingnesse to engage with him: Others rejected it, saying, they would not fight against their friends: But they are now upon their march towards Salisbury, for the reducing and bringing of those Regiments to obedience and subjection that have declared against them: from whence wee hear, that they are resolved rather to die, then yeeld to any thing which shall infringe their liberty, or pervert the freedom of their Nativity.
Many of the said party have agreed upon a Declaration, containing these ensning heads: First, they declare against the present Parl. and their proceedings. 2 Against the Councell of State. 3 Against the Generall Councell of the Army. And 4. against the proceedings of the late Court of Justice Their chief Ring leader is one Capt. Tompson, who was formerly condemned by a Councell of War to be hanged, but by the goodnesse and compassion of the Lord Gen. he was spared: this is the man who draws all men after him, his number is conceived to be about 400. and in his march up and down hee daily gains new Proselites to him: On Wednesday last he marcht to Coventry, where he found resistance, and the Gate shut against him demanded of the Gates were so holy that he might not enter;) and after the exchange of two or three Vollies, he left the place, and marched thence to Tossiter, where coming in very late at night, he seized upon captain Farmer the Post master there, who, after they had carryed him as a prisoner up and down with them, they were content to release him upon his Parol to come up to London to the Councel of State, to procure the release of three of their Brethren, who were taken posting up of their papers about Banbury; if he could not procure this he was to return as their prisoner to Banbury.
Some blows have been already disputed neer Banbury between 100 of the Lord Gen. horse, and 200 of the Levellers, and after a sharp conflict, the Levellers declining engagement, retreated towards Oxford, but no great harm done on either side: there is a body of horse about Oxford ready to joyn with them, commanded by Mr. Everard, after uniting, its said they intend Westward.
Some difference hath also been in the City of Worcester and the Levellers who had entred the City forced to retreat out again with the losse of five men: the Generall and the Lieutenant Generall hath sent a Letter to the Agitators and Commanders in chief of the said party, for preventing of the effusion of bloud, and healing of the present breach, and quenching those flames of Discord, which are ready to break forth in severall parts of this Nation; and its hoped a happy & mutuall reconciliation will be embraced, before the involving and shedding of any more bloud within the Bowels of this Nation.
IN the middest of all our calamities and distractions, great are the differences in these parts; new coles are even now kindling, and the turbulent spirits and affections of men begin to break forth in a most violent and visible flame; for the common people flight the authority of Magistracy, and say they will no longer walk under the vail and shadow of reformation, but endeavour the speedy reforming thereof; and in order thereunto, many have declared, that they will joyn with the Levellers, for the restauration of the peoples freedoms to its just splendor and propriety, &c. The foundation whereof, takes its first Rise from the present actings of certain troopers in this county, who have declared, and remonstrated to the people, That the present transaction of affaires, are both arbytrary and tyrannicall, and that they will have a new Parliament, in the dissolving whereof, an equall Representative shall be freely chosen and elected: But it is hoped that all these vapours will be soon expelled & blown over: For some discoveries are already made, That they had a design to surprize the Cities of Yorke, Oxford, Bristol, Gloucester, and many other places in the VVest of England, and that they had an intent to draw into a body and randezvouz, where they resolved to set up a standard of Sea-green Colours; they declare, that they have a great influence in divers Regiments of the Army; but care is taken to prevent their Designs, and it is not doubted but the well affected of Col. Scroops Regiment, Col. Harrisons, and divers others wherein they bussle, will be undeceived, for many thousands have declared against their present actings, and are resolved to sacrifice lives and fortunes for the Parliament against all opposition whatsoever.
But yet notwithstanding all opposition, they are resolved to proceed, and to insist upon further particulars, a breviate whereof I shall here insert, according to the full demonstration thereof, viz.
How happy were England were mens designs of enslaving here at an end, how gladly should we here break off, and praise the Lord for his goodnesse to England? but alas the peoples hearts, are full of grief, and their eyes are full of teares, as ever, they cry out, they are deceived, their expectations is frustrated, and their liberty betrayed; they take up Davids complaint it is not an open enemy that enslaves them, not damme Cavaliers, nor rigid envious and surly Presbyters, but Religious and Godly friends, that have prayed, declared and fought together for freedom with them, that with their swords have cut in sunder the chaines of other Tyrants, and yet now are become the greatest Tyrants over their brethren themselves, which when they can refrain from sighing & sobbing, they in their broken and rustick language thus expatiates: all the form of Government being corrupted and abused, the Law and administration perverted, and the peoples liberties, betrayed; it was promised that a new foundation should be layd by an agreement of the people, to such righteous Principles of Justice and common right, that as to human reason it should be impossib for any Tyrants in this or future generations to introduce bondage upon the people.
Proclamation hath been lately made in the name of the Levellers, throughout the Counties of Oxford, Gloucester, Worcester, &c. for all free born people to come in to their assistance; the disgestion whereof is very hard, & few have little appetite to that engagement.
The Levellers new and ultimate proposals.
First, That honesty is the best policy: the deep plots and witty contrivances of men in power, when inconsistent with the will of God, requiring them to do Judgement and Justice, and to take the yolks from the oppressed, have alway been abortive, for God will not be mocked; and experience tels us, that self-seekers though otherwise Godly and gallant men, yet are and shalbe saved as by fire; witnesse many worthy members of Parliament, who endeavouring by a Treaty to secure themselves, are by the Lord with disgrace laid aside; hee thereby no doubt intending much good to their soules, Fœlix quem paciunt aliena pericula cautum, he is a happy man that takes warning by other mens harms.
Secondly, Carnal mixtures with corrupt interests, are destructive to them that make them.
T.195 (6.14) [Humphrey Brooke], The Charity of Church-men (28 May 1649).↩
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Bibliographical Information
ID NumberT.195 [1649.05.28] (6.14) [Humphrey Brooke], The Charity of Church-men (28 May 1649).
Full title[Humphrey Brooke], The Charity of Church-men: or, A Vindication of Mr William Walwyn Merchant, from the aspersions plentifully cast upon him in a Pamphlet, Intituled, Walwyn’s Wiles. By H.B. Med. a friend to Truth, his Country and Mr Walwyn.
Prov. 29. 26. Many seek the Rulers favour, but every mans judgement commeth of the Lord.
Mark 3.6. And the Pharisees de-parted, and straightway gathered a Councell with the Herodians against him, that they might destroy him.
Luke 23.2. And they began to accuse him, saying, we have found this man perverting the Nation.
2 Tim. 3. 9. But they shall proceed no further, for their folly shall be manifest to all men, as theirs also was.
London, Printed by H. Hils, and are to be sold by W. Larnar, at the sign of the Blackmore, near Bishops-gate. M.DC.XLIX. (1669)
Estimated date of publication28 May 1649.
Thomason Tracts Catalog informationTT1, p. 746; Thomason E. 556. (20.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
THE CHARITY OF CHURCH-MEN
OR,
A VINDICATION OF Mr. William Walwyn Merchant, from the aspersions plentifully cast upon him in a Pamphlet, Intituled,
WALWYN’S WILES.
By H. B. Med. a friend to Truth, his Country and Mr. Walwyn. Prov. 29. 26. Many seek the Rulers favour, but every mans judgement commeth of the Lord. Mark 3.6. And the Pharisees de-parted, and straightway gathered a Councell with the Herodians against him, that they might destroy him. Luke 23.2. And they began to accuse him, saying, we have found this man perverting the Nation. 2 Tim. 3. 9. But they shall proceed no further, for their folly shall be manifest to all men, as theirs also was.
LONDON,
Printed by H. Hils, and are to be sold by W. Larnar, at the sign of the Blackmore, near Bishops-gate.
M. DC. XLIX.
THE WORLD cannot choose but take notice, of a strangely malitious and scandalous Pamphlet, Intituled, (Walwyns Wiles, &c.) the particular slanders whereof, though heretofore privately, yet industriously disperst, accompanied with many more of a lighter nature, but more easily discoverable, which are therefore in this book left out, yet have the pollitick Authors not thought fit to collect and publish the same, till they knew Mr Walwyn was much straitned from the means and opportunity of Vindicating himself; and till they judged by such slanders, they should render him odious to all Religious people, and so fit him for that destruction, they do secretly, but most laboriously endeavour to bring upon him.
He has been hitherto silent, and when importuned to clear himself; he has argued, That it was not the way of Christ or his Apostles; that we read of no Apologies of theirs, though in the same manner with himselfe, but in a more plentifull measure loaded with obloquies and reproaches: That the best use he could make of such hard speeches, was to be more circumspect in his waies, and not to deviate from the path of righteousnesse, that so by the innocence of his life, and unblamablenesse of his conversation, he might give check to such rumours and evil reports. That he knew very well what was the root from whence such bitter fruits proceeded: viz. his engageing for the people, and discovering a resolution in himself to persevere in the same. Indeed neither he nor his friends did ever thinke they would have proceeded so far in these crosse and rugged paths, as to prosecute him to the very death; for who could but suppose that either the precepts of Christianity that are in direct opposition to such courses, or at least (if nothing else is prevalent with them) that the outward reputation of their Religion would have restrained them. But when once the innocent and harmelesse path is forsaken, whether then? but into a sea of evil, where one bad action necessarily drawes on another; and one injustice enforces the committing of another, for support and protection of the first? When Religious men become spies, and make use of friendship to betray; when they shall hunt their Brethren like Partridges, ransack their whole lives, insinuate themselves into their acquaintance purposely to ensnare them, and justifie themselves in so doing: wrest mens sayings to the worst, forge and fix upon them things of greatest antipathy to their spirits; what is this but to blast the name of Christianity, and the profession of Religion, and to make it evil spoken of all the world over? yet this hath been the practice of the Authors of that Pamphlet towards Mr. Walwyn, who has patiently bore all hitherto, and is now undergoing the highest proof of his vertue (which his Adversaries make his crime and disadvantage) and of his Christian fortitude (with which I well know he is amply endowed) as in these latter times I thinke any man has undergon. They have seasoned this project of theirs to the purpose, took a course for restraining him, and then they revile him; knowing well that other men, though of never so great acquaintance and intimacy with him, cannot so clearly discover the mistakes and fallacious delivery of those speeches that are fathered upon him, as he himself could.
However I judge my selfe bound to do my best (though weak) indeavour for his Vindication, out of my hearty respects to that Innocency and reall Goodnesse that is so visible in his life and conversation, as one would thinke should answer all objections.
Indeed I judge that Pamphlet more properly a designe, then a discourse; the politick contrivance (most of it) of other kind of adversaries then have subscribed their names to it, for that the end cannot be out of conscience to prevent the perversion of honest men, for then they would have published it when those speeches are pretended to be spoken; but to fit the people to bear his destruction patiently, and to make him (if possible) so odious as that they may cry out for it themselves, and urge, as the deluded Jews did against Paul, away with him, ’tis not fit such a man should live upon the Earth.
And that which the more confirmes me therein is, because one maine drift of the book is to take off the People from complaining of their Burdens and pressures, and rendring all them as suspitious of some dangerous designe, that shall give advice for the doing thereof; fixing an evil sence upon all the motions of theirs to that end, especially upon such as give them Councel, or are most able amongst them, to thinke of wayes and means for getting relief, or deliverance. Now because Mr. Walwyn has been alwayes a ready friend to all sorts of people unjustly suffering in any kind; and is stil putting such as are in Authority in remembrance of their duty, and has been a most unwearied solicitour these 8. years, for the just rights and liberties of People: hence is it that as heretofore he was made the marke of badmens displeasure: so even now, when we hope to see better times, is become the common Butt against which all harsh censures are directed; and all this to over-awe mens spirits, and, by frighting him and others from doing their duties, make them submit to any yoaks that shall be brought upon them.
Henceforward to Petition will be rendred a matter dangerous to the State, and he that shall set himself to frame and manage such things, may in like manner as Mr. Walwyn, be said to insinuate into, and mislead the people, to study their tempers and complexions, the qualifications of their spirits, their humours and passionate inclinations, their externall quality and estate, purposely to deceive them: he that shall urge the pressures and excessive burthens we groane under, and insist upon the causes and remedies thereof, must by this way of judging, be a seditious person, an incenser of the people against Authority; a politick perverter of man-kind, which is such a machiavilian way of stopping our mouthes and making us stoop under every yoak that may be laid upon us, as no sort of men hitherto arrived unto.
’Tis well the Author of that Pamphlet and his accomplices are so wel pleased with the present sad and deplorable condition of the Commonwealth: the world goes wel with them it seems, so they enjoy the eare and favour of Authority; and have faire hopes of advancing such of themselves as are not already advanced into places of profit; what care they though the poor starve, though all kinds of oppression be trebled and centupled upon the Commonwealth: the fish is caught and therefore away with the nets, there must be Tyranny (so they now argue) and why not in these rather then in any else? changes are dangerous, and in time all that is desirable shall be established; and therefore let us as it becomes Christians, waite with patience upon Authority and see what they will doe: Thus they perswade most to a yeilding contentfull submission to the yoak, who once taken off, are ingaged for justification of themselves, to plead and argue against those who see through the subtiltie of such deceptions, and continue notwithstanding all hazards, watchful and industrious as wel to manifest and bring to light what is behooful, as to discover what is pernitious to their Country.
’Gainst such as these, what means more effectuall then scandals? and what scandals more odious then Atheism and Communitie? By the first, all that are religious are incens’d, by the last, all that are rich. And though the whole progresse of Mr Walwyns life and conversation doth clearly evince the false imputation both of the one and the other; yet having happily scattered in familiar discourses, some words, that by the extremity of wresting and mis-application, for want of observation of the coherence, by taking a piece only, or part of his speech; all which, such as came purposely to betray, must needs be supposed to be very much inclin’d unto; ’tis no wonder, if in so many years watching and way-laying him, some words be not gathered, which in a perverted sense may look that way.
Our blessed Saviour, notwithstanding the Divinity of his Nature, was frequently so mis-apprehended; and though his design in this world was only to do good, and die for mankind, yet was he rendred by the policies of the Jews, a Subverter of the Law, an enemy to Moses and Cesar: When a liberty shall be taken to scrutiny and comment upon other mens lives, and to judge of their ends and intentions, what man of parts and businesse in the world, but may be rendred odious? Who is there but may have such a glosse put upon his actions, as to make him appear a man of wicked designs? ’Tis a course, indeed, that if we should retaliate in the like kind, would in time heighten us to the extremest acts of violence one towards another, and beget everlasting feuds and enmity amongst us. If they suppose we want matter; we answer, that ’tis not good for them to trust to it, for we have a Bedrole of such enormities in some of the chief of them, that had we not great respects to peace, and reluctancy within us to discover the weaknesses of other men, we could make them ashamed of themselves: But suppose we did want matter, we answer, so also do they; and we, as well as they, may make it, and no lesse plausibly: If we would take upon us to judge Mr John Goodwin, might we not say, he is a Timeserver, and visibly so? That his Doctrines are contradictory, not framed by the Line of Truth, but the probability of successe in each Party? That therfore when there was hopes of the Kings Restauration, he argued him to be unaccountable to any earthly Tribunall, and, as the consecrated corn, to be cut only by the hand of God: That he abhorred both the Jesuiticall Doctrine and Practice of taking away Kings; and yet afterwards, when the hopes of his return was over, and that he knew not only the prosecution of his Person, but also an abolition of the Kingly Office intended; who then became a more stout Arguer for the same then he? And though these things in a candid sense may be said to proceed from a further discussion and consideration of the point, and the appearance of light in him, yet allowing every man the liberty that the Author of the Pamphlet takes: how easie is it to fix such a censure upon him?
So in like manner Mr Goodwin having said, That no Translation of the Bible, nor yet no Copy in the Originall Languages, can be truly called the Word of God: how clearly does it follow, that then we have no Word of God amongst us, since we have nothing that can in any sense be called Gods Word, but either the Copies or Translations, the Originall being kept from us? Neither doth he, when he comes to explain himself, much mend the matter, since the spirituall sense, and Divine interpretation, which only in his judgment deserves the name of Gods Word, is divers in every man, and that opinion the way to make our apprehensions the Judge of the Scriptures, and not the Scriptures the rule of our apprehensions. Hereupon, if, as the Author of the Pamphlet, a man may take liberty to assert, that when those things were spoken, it was Mr J. Goodwins intention, to subvert the very Foundations of other Divines, and of the Scriptures themselves, because the Liberty of Conscience was then denied him; how obvious would the inference be? And though he hath since evinced the Divine Authority of the Scriptures in writing, yet since Mr Walwyn hath done the like, and never said so much, nor so clearly to the contrary: what reason is there, but that he may stand as fair in the opinion of mankind, as Mr John Goodwin in that point?
For the scandalous speeches that in the Book are Fathered upon Mr Walwyn, though I cannot expressly and circumstantially manifest, that they are all false and forged, yet for the chief of them, which are of the foulest savour, I shall: For the rest, I shall either passe them over, and leave them to Mr Walwyn’s own confutation; or from my knowledge of his opposite judgment in the particulars, evince the improbability of his ever speaking them.
For the first, ’tis thus far true, That Mr Walwyn, and a Member of Mr Goodwin’s Congregation, together with my self, did upon a Fast day (as it hath been the usuall manner of many of his Members) (an eie witnesse may speak it, and as Mr John Price’s Pulpit Incendiary doth abundantly evidence) go to hear Mr Cranford, and some others, it being the time when the contests about Conformity and Toleration were very high: ’Tis likewise true, that we did all agree, comming afterwards home to Mr Walwyns, that the Ministers did generally spend their time either upon uselesse subjects, such as did little tend to edification; or about advancing their own interests and reputation with the people; and that Gentleman was as forward in such expressions as we. ’Tis true, that Lucian was taken off a shelf either by me, or Mr Walwyn, I can’t say which, and that we read one of his Dialogues, which was the Tyrant, or Megapenthes; and afterwards commended it as very usefull in the time he lived; when by setting forth the foulnesse and deformity of Tyrannie in a third person, he informed the people of the wickednesse of such under whom they lived: but that any comparison was made between that and the Bible, is as false as in it self ridiculous.
’Tis at least 4 or 5 years that the Gentleman hath charg’d his memory with this, in all which time, his hatred and enmity against Mr Walwyn being in its growth, (for he is of the Councel and Faction) ’tis no wonder if he be biass’d thereby to find that which he came purposely to look for, whether it were really there, or no.
Besides, Mr Walwyn prefer’d Lucian (as the Pamphlet saies) for wit, before the Bible: ’Tis well known, that Mr Walwyn hath the lowest esteem of wit that may be, counting it the lightest, volatile and superficiall part of a man, whence his observation is, that commonly those that have most wit, have most wickednesse: He distinguishes between Wit and Wisdom, and prizes only the latter, as of reall behoof and benefit to mankind, it being that, which through the concomitant blessing of the Almighty, bears a man through all the straits and exigencies of this life: whereas Wit is but the exuberance of light and unsteady minds, which since he in all other matters dislikes, for the truth whereof, I appeal to all that know him: What ground is there for the least supposall that he should for that prefer Lucian before the Bible?
For his opinion concerning Hell, ’tis clearly thus: Though he judges every wicked man to have, intus Gehennam, a Hell in his own Conscience, as on the contrary, every good man to have the Kingdom of God within him, yet upon strict search, which we together have made into the Scripture, we have concluded, that there is another Hel succeeding judgment, convinced by those places of Scripture, Psal. 6. 8. Mat. 25. 4.1. 2 Thess. c.1. So that the mistake is, that because he said, there is Hel within man, therfore he concludes, there’s none without him: And though it seems contrary to reason, that a man should be punished everlastingly for a little sinning in this world, in which sense only he spoke it: yet have we both submitted our Reasons to Gods Word, the places fore mentioned being expresse for the same.
For Books of Morality and History, though Mr Walwyn gives them their due esteem, and judges that the peoples reading them would very much advance their knowledge, and enable them to preserve themselves in freedom, by seeing through the policies of bad men and their many sleights by which they abuse and enslave the people which are plentifully described in those Books: And thus far the Author speaks truth of him. Yet hath Mr Walwyn never elevated them beyond their proper sphere, or desert, nor made comparisons between them, and that Book which he ever hath accounted, the Book of Books, and truly deserving the name of Bible, or the Book, in comparison to which, all others, though good and usefull in themselves, do not yet deserve any esteem: This I do as truly know to be his judgment in this particular, as I know ’tis day when the Sun shines amongst us.
That he hath blamed the simple practice of this Nation, in bringing up their Children to learn Latin and Originall Languages, is most false, but that he hath and doth condemn the tedious and tiresome way that is taken in doing the same, is most true, his judgment in this particular being, that Children may be taught Latin, Greek and Hebrew, in a fourth part of the time that is now spent therein, and that purposely for the gain of the Schoolmaster.
It is as true, that he dislikes in the education of Children, that the Languages only are proposed, and not the principles of Divinity, and the precepts of Morality, in such a manner, as that their understandings may be possessed therewith, whereby they may be made both religious and true Common-wealths-men. And that also some Art, Mechanick or Manufacture, be taught according as their genius and disposition of body shall encline them, that so they may be both able to provide for themselves, and serviceable to the Common-wealth.
How easie in these particulars it is for other men to mistake him, that continually lie upon the catch, and are ready to interpret every thing he speaks to the worst, let the world judge. And consider likewise, how exceedingly it doth mis-become those that professe Christianity, especially a more pure and refined way then other men, to lie lurking privily to destroy the innocent. That the Scribes, Pharisees and Lawyers should ask questions, and insinuate themselves into good mens company to betray them, is no wonder: but that it should be done, and professedly done by such as would be thought of a near relation to God, such as separate from others because they will not have a profane person among them, doth to my understanding call in question the sincerity of their assembling, and import the end thereof to be, not the edification one of another, but the undermining of all other men and waies, that are in any opposition to them. I speak not this of the generality of the Members, who questionlesse have good and Religious ends in congregating together; but of that Vestry or Conclave of them, that sit as Judges of every mans fame and reputation, and have for that purpose their Emissaries to bring them in matter to raise Batteries against any mans good name, they would make hatefull: They have indeed too exactly learned Machiavel’s rule, to spare not to scandalize and traduce their adversaries, for that though some of the dirt may be wiped off, yet part of it will stick, and they shall be sure not altogether to lose their labours.
Where by the way, let every good man consider, whether their mixing with other men, under the notion of Friends, their getting into familiar acquaintance, eating and drinking together, and all this to betray, be not like Judas, kissing our Saviour, and in effect the dissolving of all society and friendship: For how should I, or any man know, but that every man, though seemingly a bosome Friend, is indeed a Traitor? How can this choose but take away the sweetnesse of friendship, and make us every one jealous one of another? Seriously I think they could not have done an action so discordant to Religion, nor of so evil consequence to mankind.
For the Objection in the generall, That Mr Walwyn labours, and makes it his main businesse to bring people out of love with Religion and the Scriptures, is a thing in it self so absurd, as I think nothing can be more; For what can be the end of a man in doing so? And certainly every wise mans actions are directed to some end: What would mens Atheism advantage him, since ’tis clear as day, and all his endeavours manifest it, that he strives to have every man good? And since he knows, that Religion doth restrain men from committing those evils, that otherwise they would rush upon, were that necessary Tie of Conscience taken off. Besides, I professe as in the presence of Almighty God, that I know no man that endeavours with more exactnesse to square his life according to the rule of Scripture, then Mr Walwyn doth, which is the clearest argument in the world, that they are dear and precious in his eies; and all those I know, that are observers of his life and conversation, will give testimony thereunto.
The true ground of this bitternesse of spirit against him may well be supposed to be, because he cannot associate into a Church way, upon their grounds, as not knowing any persons to be so quallified as Ministers of the Gospel ought to be, which he thinks is essentiall to such an association, and is in expectance that in time it will be so. In the mean time, he approves Congregationall Assemblyes for instructing the people, and for the consideration and right understanding of the Scriptures, as also, for the making every man in love with true piety and virtue, and to loath whatsoever is evil: But because he can no more approve the Divine Authority and Saintship of the Independent Pastours then of others before them, and reckons, that they are such but in pretence and shew only, and is esteemed able to manifest and evince the same; Hence have they drawn out their sharpest arrows, even bitter words, and let them fly at him, hoping thereby to make invalid whatsoever he shall say in order thereunto.
And this indeed appears to be the true ground of their persecuting him, and making use of all means, direct or indirect, to blast his spotlesse reputation, and which hath made them gather up that heap of forgeries and calumnies which in that Book are contained.
For these speeches which are said to be other mens whom he hath perverted, although I very much question, whether they were ever spoken by any man, they are so abominably profane and wicked: yet ’tis most clear, that for Mr John Price, or whoever is the Author of the Pamphlet, to suggest that which he cannot know, namely, that such wicked speeches have proceeded from the mans acquaintance with Mr Walwyn, doth clearly discover the maliciousnesse of his heart, and the Un-Christian spirit that is within him: which indeed is more evident by these bitter expressions that are scattered through his Book, as, English man Hunter, Factor for the Devil, Cunning and Hypocriticall Jugler, Wretched man, Journey-man, and Apprentice to the Prince of darknesse, Artificiall and great Imposter, &c. all which comming from within him, do clearly manifest the defilements of his soul, and from what rancour all the rest hath proceeded.
But the height of his bitternesse is discovered in a story concerning a Gentlewoman, whom he is said in her great paine and distemper to advise to make away with her selfe: a thing so false and scandalous, as I know not what can be more; For Mr. Walwyn hearing of her distemper, and melancholly resolutions, did out of the respects he bore unto her (being a Woman of so much goodnesse, and with whom and her husband, he had been of long intimate acquaintance) frequently visit her, and advised me to do the like purposely to fortifie her spirit against so harsh and sinful a resolve, which we both did; and as her husband knowes to good purpose, that she was often much more chearful and better disposed after our being with her then at other times: Insomuch that he has often desired both Mr. Walwyns and my frequent visitation of her. For a fuller testimony thereof, I intended that the Gentleman himself should have attested so much: but he being very sick in the Country, and his Sister and servants urging to me the danger of bringing to his remembrance his Wives sad disaster, and telling me, that probably it might be his sudden death, I have forborn for a time, till God shall give him more strength and health.
But forasmuch as Mr Walwyn hath been often with him since his Wives death, and been as fairly accepted as ever (as his Son and servants know) What cleerer Argument can there be, but that he does acquit M. Walwyn of any such horrid action, as perswading his wife to make away with her self?
Besides, if M. Walwyn had bin so wicked as to urge her, can he be supposed to do it before I know not what stranger that told them the business; when the Gentle-woman that was alwaies with her, her Sisters and servants, do none of them know any thing of the business, but are ready to attest his frequent perswading her to the contrary.
By the falshood of this particular slander, a man may guess at the truth of all the rest; for they that will be so forward to divulge a Forgery so exceedingly tending to the discredit of another, and make expostulations thereupon, and appeals to the People; advising them to judge of the Frame, Temper, and Spirit of the man by this action; where will they stick? Or what will they not do to take away his life, which when a mans good name is gone, is not at all to be valued? For a good Name, what is it, but the life of a mans life? I am very sorry for Religions sake, which I fear will very much suffer by this demeanor of men, whom I wish I could alwaies have accounted Religious. But I see, it is not an habit of Speaking, gained by Study and Custom, nor an Ability to Dispute or Discuss a point in Controversie, that truly, denominates a man such; but the inward sweetness and calmness of Spirit, that Christianity prescribes; and which indeed, is more eminent in M. Walwyn, then I have known it in any man; whose way hath alwaies bin, to take the injured mans part, to diminish the aggravations of an accuser, slowly and unwillingly to hear any thing that tends to the prejudice or dis-repute of another: as knowing well the aptness and propension in most men, to give credence when they hear others ill spoken of. I cannot chuse but upon occasion break out into these Speeches concerning M. Walwyn (and I question not but good men will excuse me for it) because I am so experimentally sensible of the Truth thereof: Indeed, if I were to chuse a true Friend, a vertuous and Religious Assotiate, addicted to no vice or extravagancy, the most averse from contention, the most cheerful and pleasant (but for the disturbance of his Spirit to see the Common-wealth still in so sad a condition) If I would chuse a man to be readily assistant to his power in any distress, and that makes Conscience of his duty to God and man: It should be M. Walwyn: And I heartily bless God, that he hath afforded me the enjoyment of his Society for these eight yeers together, and upward; which I do reckon among the prime blessings of this life, and which I would not utterly leave, for any worldly Temptation whatsoever. God knows, I flatter not, for what need have I to flatter? but speak the truth of my heart, being inwardly conscious both of his innocence and goodness, of the many pressures that undeservedly ly upon him; out of which I hope God almighty will shortly free him, by cleering all Scruples, and false Apprehensions concerning him. But to proceed.
What M. Walwyn has said concerning Professors, I know not, but sure there is much to be said, and much in them to be amended; haply in this particular he has bin more earnest than ordinary; because he sees so large a disproportion between the Rule and their Practise: and since this is true, and acknowledged so by the Author, how uncharitable must he needs appear, in judging M. Walwyns urging the same, to proceed from a designe to disparage Religion, and the Professors thereof? Sure I am, that if any man could be so wicked as to propose such a designe to himself, as the disparagement of Religion and its Professors, he would not check, but countenance their wickedness; then which, nothing can be more discreditable to Religion.
M. Walwyns next drift is said to be, to procure the trouble, misery, and ruine of this Common-wealth: A goodly work indeed, and which is likely, that a man which hath spent himself for the Parliament, and in endeavouring a good and happy settlement of the Common-wealth, should ever admit into his thoughts. For what end should he attempt any such thing? If for wealth or greatness, what an improbable way is that to get either? Besides, he has hitherto bin regardless of both: and certainly, if they had bin his end, he has brain and ability enough to have compassed them both, by striking in with any party that has had the dispensation thereof. But in this the calumniation of M. Walwyn is not so principally intended, as to startle the people from finding fault with any thing that is amiss, or from complaining of the failings and undue management of things, by such as are, or may be in Authority; for this he cries out upon, as the means to carry on his private designe, which will questionless, be extended to any who sit not down contented with whatsoever happens, but appear in never so moderate desires for the rectification of what is amiss. How has he by this means, fitted every man with a way how to find fault with Petitioners; to stile them of Walwyns gang, deceived by his Wiles and Impostures; and so to take away that last human Refuge which good men have left them, viz. of making their Grievances known, and desiring Redress? For the waies which he is said to use to seduce the poor and indigent, as by telling them that vertue and ability for discharge of a Publike trust, ought to be the characteristical tokens of fitness to bear Office, and places of Government, and that it is a most unfiting thing that one man should have thousands to spend upon his lusts, and another want necessaries, though neither of these I think have so much irrationality or unchristianity in them, as to deserve to be cryed down by a Member of a Church, and are as uncharitably urged as supposed weapons M. Walwyn fights withal, in order to an imagined design, their either weak or wicked thoughts have invented. Yet can I truly say of M. Walwyn, as from my own knowledge, that he hath ever protest and proposed not to supply poor men by injuring the Rich, but by reducing the Common-wealth to so good a pass, that every man by care and easie labour, might have wherewithal to maintain himself and his Family in some comfortable manner.
To take away from any man what is his by inheritance, or by his trade or industry, or any other way, is so visibly contrary to the equity which he hath ever (according to his understanding) held forth, not onely in the front, but in the very heart of his designes (or what you please to call them) which makes me think that book was compiled by some-body that knows him not, but has had a heap of matter at random, gathered up and given him by such as knew him able to make inferences, and contrive a subtle Pamphlet thereupon; not onely to calumniate M. Walwyn, but to stop the mouths of all the aggrieved and discontented people of the land, and for that end has he marshalled all the several oppressions and burdens of the Common-wealth, into several ranks; as if they were not real things, but inventions of M. Walwyn, to irritate by some of them, the poor; by others, the rich; by some, the rash and cholerick; by others, the discreet and apprehensive; to discontent and dis-affection against such as are in Authority. So that questionless they hope by this means to terrifie all now from opening their mouths, be they under what oppression soever; though for my part, I think it will work a contrary effect, when men shall see the Arts and Stratagems that are used to make them stoop under their burdens Issachar-like; and that the private Churchmen are become the Sluggards of their fair and lawful endeavors, to redeem themselves from those pressures that ly upon them.
Did not in like manner the King and Bishops make the Scots odious, and the Puritan Party in England, a by-word, urging such like slanders of them, and saying that it was the designe of some discontented spirits, to alienate mens affections from their Governors, and that by private discourses, by printing and publishing Books, sending into several Counties, and flinging them into mens houses, as this Author imposeth upon Mr Walwyn? Nay, did not the Presbyter Party, in particular Mr Edwards, Mr Jenkins, and others, do the like upon the Independents, Sectaries, Seekers, &c. inventing strange Designs, like these father’d upon Mr Walwin, and casting them upon any that they had a mind to make odious? And did not Mr Goodwin himself bear an ample share of these Calumnies, being stiled by them, The Grand Heretick of England, a plucker up (presumptuously) of the Fundamental Priviledges of Parliament by the roots: and is not this work of our Author the very same in effect, manner, and design? the tide being now turn’d, and the stream of profit runing into a new Channel; the only difference being a more subtile contrivance in this pageant of scandals, then hath yet by any of them been produced.
It will be needless for me to run over more particulars, the Principal having been already cleered, and the Remainder being but of the same batch and leven with the other; and if true, as in the rankness of their expression they are not, they cannot beget that abomination against him, which they expect.
For the Ware business, it is so base and abominable a Fiction, so apparently the wicked offspring of a Politick brain, that little needs to be said to it, only thus, That if there had been any such design of the Agitators at Ware of the Outing the Lord General, destroying the Lieut. General, and forcing the Parliament to prosecute the King, and Mr Walwin privie to it; the whole town should certainly have rung of it before now, and not only so, but the Designers should have been prosecuted for it, since there is Law sufficient for that; (Civil Law I mean, without the help of Martial) and since neither Power nor Authority hath been wanting to see so plain a piece of Justice executed; what therefore doth the not doing thereof more cleerly argue, then the present forgery of this present fable, for their friend Mr Walwins sake, whose spotless innocence leaves them without any ground to raise their batteries against him, but with what comes out of the Mint of their own inventions.
Besides, the Author saies not that Mr Walwin was of, or privie to that Design, but only layes it upon certain Agitators at Ware; and yet he craftily and maliciously inserts it amongst other things he hath fram’d and fatherd upon Mr Walwin, of purpose to make the world believe that this is also his.
If People knew how fertile their brains have been with Fictions of this nature, they would say all were not Christian that took that name upon them, and seem’d so zealous for the honor of God and dignity of the Scriptures: There is indeed scarce any thing that concerns a mans life, but Mr Walwin hath been abused in, by foul Reports: to some he is said to paint his face, having been hitherto of a ruddy complexion; and the Reporters have been trac’d from one to another, till one would go no further, but only told him, That he heard it of credible men. Others report him loose in his Life, and one Mr Woollastone meeting Major Cobet, bid him beware of Mr Walwyn, for he was a dangerous man, a Jesuite, an Anti-scripturist; and to make the last good, said, That a Woman being tempted by him to lewdness, she replying that it was against Gods Word which saies, that Whoremongers and Adulterers God will judge: Mr Walwyn (as this bad man reported) made answer, What telst thou me of that idle Book? Whereupon Major Cobet told Mr Woollastone that he would tell Mr Walwyn of this, and that he should look to be called to an account for it: Within a while after, a Meeting being at the Windmill in Lothbury about a Petition, Major Cobet told Mr Walwyn of it before six or seven other men, at which M Walwyn wondered he should be so abused, having no other way left to cleer himself but by a denyal and abomination of the thing: But it so fell out, that imediatly after Mr Woollastone came into the Room, and being urged by Major Cobet to make good what he had reported to him concerning Mr Walwyn before those six that were present, Mr Woollaston Answered, That he contest he had injured Mr Walwyn in the Report, and desired his Pardon, for the words were true of another, but not of him: In Witness of the truth of what is here Related, I Subscribe my name.
Notwithstanding all which, both this and other scandals of the like nature are still scattered against him, so that if he would cleer himself, he must be ever writing in his own Vindication, this sinck filling with such ditch-water faster then any one man can pumpe it out. In the mean time, what are they? or what do they deserve? or for what end can all this be supposed to be done? but to villifie and render contemptible a man, that in his heart abominates all unjust wayes, which they know they are deeply engaged in.
Then again, there are divers that make it their business about the Town, to close with such as they have any hopes will be flexible, and to advise them that they be cautious concerning Mr Walwyn, for knowing men say he is a Jesuit, and ’tis probable enough say they, for no body knows where he was born, or how he maintains himself, and that ’tis verily thought he was born in Spain: Some six or seven men that have been thus Accosted I know, and can produce, which shews that these things are not Casual, but proceed from Design and Pre-meditation.
How many are mis-led into a belief hereof, and of the former Scandals already, I know not, but that no more may, and that such as are, may be better informed: I hope without offence to any, I may give a brief and cursory Description of Mr Walwyns Life and Disposition, which is as follows:
Mr Walwyn was born at Newland in Worcester-shire, of Mr Robert Walwyn Esquire, a man of good Life and Repute in his Country, and of between three and four hundred pounds Annual Estate, that his Mother is still living and was Daughter to Doctor Westphaling Bishop of Hereford: his Brothers and Sisters are likewise in that Country; But he being a yonger Brother, was bound Apprentize in London, and served out his Time with a Silk-man in Pater-noster-Row: A while after, he was made Free of the Merchant Adventurers Company, and hath since traded as Merchant about seventeen or eighteen yeers; during all which time, his aboads have bin known and certain, and his residence in London constant, except two or three journeys into his owne Country, and one or two to the Army, before its first comming to London. That he was never over Sea in any Country whatsoever. That he has from the profits of his Trade, maintained his Family in a middle and moderate but contentful condition; having bin much wasted, but never gained one penny by these eight yeers distractions, nor ever desired it; his only end, being that the Common-wealth might be so setled, that men might with comfort and alacrity set themselves about their particular Callings and employments. That he is most strictly abstemious, and though of an open hand, and a large heart to his ability, yet did I never observe in any man so cautious and constant a Temperance.
That I never observed in him the least unseemly gesture towards women, being a man noted by such as intimately know him, for a most precise and exemplary modesty, naturally expressing it self (even at his yeers, which are almost fifty) at any obscene word or behaviour, by a blush: which is an outward manifestation of the inward distast and reluctancy of the mind, against the evil of the present object. That he has lived 21 yeers and upward with one woman, and she a truly good one; between whom I have observed so constant, so growing an affection, as that I have not known in my 8 yeers aboad with them, a hasty word pass from one to the other: By her he has had almost twenty children; that before the Parliament, he informed himself of all the extravagancies and oppressions of the King, and out of dislike thereof, and in hope that his Country should by the endeavors of the Parliament be freed from them, he engaged with them; that he has continued so doing till this day; and though he hath bin much disswaded by his friends from crossing the stream, and advised to swim in it; yet could he never bring his mind to it; the light of his own Conscience guiding him otherwise. In this case, Charity (he thinks) ought not to begin at home, but at his Country; for though a mans self may be allowed to be deerer then another, yet not then all. For the publike Liberties, he hath not onely constantly appeared, but rescued most of them out of a heap of contrary Doctrines, and Politick concealments. And for Liberty of Conscience, there is a book (the first that was brought to light upon that Subject, since these Troubles) doth ow much to his Industry: And though he is not so much concern’d in the point as other men, especially his Adversaries (he having never bin of any private Congregation) yet did he one of the first break the Ice in that point, since this Parliament, and to the utmost of his power, both by writing, and by frequent and very hazardable Addresses to Authority, labored both to evince the equity of the thing in it self, and procure a Liberty for the Exercise thereof; as judging it a mans duty to move not onely for those things that are of immediate concernment, but in those also, which being good and just, conduce to the more immediate benefit of his Brethren.
If I should reckon up all the good things he hath engaged in, I should haply be too tiresome to the Reader. I will therefore say onely this, that I never knew him engage in any thing that could (except in a wrested sense) be said to advantage a corrupt interest: He hath studied the Peoples Freedoms so radically, and hath brought to light Principles so supportive thereof, and so essential thereunto, that no other Designe but their good, can with any pretense be fixt upon him; except for the mis-leading those that know him not, or do not well know him. I wish with all my heart, the necessity of writing thus much, had not bin enforced upon me: For there is not any man I think, which loves retirement, and the not being seen in this kind, more then I do.
Neither doth M. Walwyn take the least pleasure in applause, or the worlds good opinion of him, which no man, hath more slighted; but expects his recompense from Gods love to him (which certainly he will amply find, if not here, hereafter;) from the calmness of his own Conscience, and the respects of truly godly and ingenuous men; who not by hear-say, a casual expression, or slip of his tongue, do suppose they know him; but of such as are neer and narrow observers of his Discourses, Life, and Conversation.
I have let pass many expressions of the lightest nature in the Book, that are not within the reach of my knowledge to disprove. Some of them I have heard of from them, and that 5. or 6. yeers ago (which shews that the Timber for this Structure has bin long cut down, and that they have had time enough to shape it to their own purposes). I suppose they will, if there be further need, receive answer by M. Walwyn himself.
For the particulars that concern Levelling mens Estates, &c. M. Walwyn has given such ample satisfaction, I conceive, in the Manifestation, which the Author too conceives to be principally his, that I wonder old expressions in heat of Discourses (who knows how long ago) dropt from him (as who knows too how slightly and mistakingly since reported) should be now urged upon him: But in order to a Design, what must not be done? But ’tis talkt abroad, they can be proved; that is, that credible people have heard them, and will attest the same. To that I shall say,
1. That M. Edwards had witnesses for attestation of many strange matters he reported of pious and honest people, and yet how deservedly were his slanders slighted, upon this ground, that men of different spirits do very familiarly hear with too open ears, and report with such additions as their spleen and dis-affection suggests against him they maligne? And as M. John Goodwin (whose hap it hath bin to suffer much in this kind with M. Walwyn) well expresses himself in his answer to M. Edwards Gangreen, p. 2. Sect. 3. There is no reasonable man but will abate and deduct, and that to a good proportion, from such Reckonings and Accompts, which are drawn up and given into him by the hand of envie.
2. That in many particulars urged upon M Walwyn, the offence lies not in the things, but in the end for which they were done; which the Author takes upon him to judge; and does he not thereby (as M. Goodwin saies of M. Edwards in his Innocencies Tryumph, p. 3) claim part or priviledge with God himself, in his Omniscience or heart-searching, which is (as he goes on) to magnifie himself above all that is called man, and to set himself down in Gods chair.
3. Of what credit pray is the testimony of an enemy in matters of obloquy and reproach, tending to the disparagement of another; M. John Goodwin frequently tells you in his Hagiomastix) and his Cretenses, or answer to M. Edwards ulcerous Treatise, especially (I may add) when the memory is long charged therewith, and when discontents and new enmities do in the intervalls arise.
4. Let it be considered how unlike it is to the way of Christ and his Apostles, to have Eve-droppers, Agents, or Factors, to gather up, and furnish themselves with the sins and infirmities of good men, who never took a report into their lips against any man, upon loose or malicious suggestions, that pleaded the cause even of an Adultress, and stopt the mouths of her Accusers: yet here hath our Author ransackt all corners, sifted every mans knowledge of M. Walwyn, and then, taking onely the bran or dregs of his life, hath with the unworthy addition of the slime of his brain, made up a dish for his own and his friends eating; and hopes that by the large commendations he gives of it, it will find acceptance among all other good people.
Whereas the Author makes a difference between Mr Walwyn and the rest of his Fellow Prisoners, judging him to be the Principal, and they the Accessaries to the Chimerical Crimes, our Authors brains have fancied: to this I say, That they who do know, or do not conceal their knowledge of Lieut. Col. John Lilburn, must needs confess him to be a man the least liable to be moulded or bowed by others, of any man in the world. Who bias’d him I pray in all his sufferings before in the Fleet, Oxford, Newgate, the Fleet again, the Tower, &c? whose Counsel hath he taken in writing those many Discoveries of bad mens wayes, but God and his own? But our Author writes not so much his knowledge as his guesse, and not so much his guess neither as his Design either to make difference between these Friends, or by laying the whole burden upon Mr Walwyn, to single him out thereby for destruction. For Mr Prince, as he is a man of a single heart, and lamb-like innocence; so is he far from pining his Faith upon another mans sleive, and professes himself guided in the present dislikes he hath manifested, not by other mens discourses, but by real and sensible sufferings: By what his eyes see, his eares hear of the Peoples sad and deplorable Condition: by apparent contradictions in actions and Engagements, by the benefit of Law taken away, and by abundance of other instances and experimental proofs of things, by which, and the sense of his own duty, thereupon he is engaged, he sayes, to shew himself as he doth. But I shall forbear to speak further to this, since I hear they both intend to write something in Vindication of themselves: for Mr Walwyn in the supposition the world hath of him of being a Politick man; he is as much mistaken as may be; Policy being taken in the worst sense, for an ability to do things good or bad, just or unjust for advantage, and the accomplishment of an evil end. He is the most precisely tyed as to good in the end, so in all the means in Order to that end, that I have often told him of the impossibillity of procuring that for the people his honest heart intended, against powers otherwaies resolved, and here upon I have often perswaded him to decline the Engaging as too difficult for him. To which he hath answered, That his thoughts did not so much insist upon the success, as his duty: the one he was bound to perform, the other was without him, not in his power, and therefore though he should rejoyce at the good event of things, yet should he not be dismayed, when they fall out otherwayes, for that was at the good pleasure of him, to whom he was to submit.
Tis observable that some of those that Subscribed the Epistle Dedicatory, are his most deadly Enemies, and of those, one hath very busily spread abroad that most malicious suggestion of Mr Walwyns being a Jesuit, although I suppose he himself knows the contrary: othersome, namely the two last, have been very scarcely known unto him, or he of them, and yet they tell you too, that they therein Subscribed their own experiences and observations of his general Course in all his wayes, as they are in the Book set forth. If this be the Course that must be expected from these Churchmen, whose fame or reputation can be safe? though never so carefully guarded by innocence, and a diligent eschewing of evil? For as Mr Walwyn hath suffered, so who may not? or who is not likely to suffer, that stands in the way at least of their prospect? Every head must vaile, and every heart must stoop to the Glory and Sanctity of these Saintly men, that have already suckt in large hopes of being Possessors of the Earth, and begin to stretch themselves, and justle out other men as profane, worldly irreligious, and what Titles else they please to defame them withal: Still must it be that new men rise up, and tread in the same steps of reviling with their fore fathers. Was M. Walwyn a Traytor, Heretick, and Rebel in the Bishops esteem? Was he the Presbyters Schismatick, Atheist, Anarchist, and what not thats bad and monstrous, because his Conscience could not stoop to them? And must the sink of every mans malice be still thrown upon him, and his tender back prest down with all the obloquies that men of more copious and refined imaginations can invent and throw upon him: Must he ever be the man of infamy and disgrace? whither then shall he appeal for relief and vindication, but at thy sacred throne, almighty God, to whose Omniscience the secret thoughts and inmost corners of every heart are like a Text in great Letters, visible and transparent? Thy Majesty hast true and certain knowledge of every thing done and imagined in the world, thou knewest the innocence of thy servant Stephen, and the maliciousness of the Jews that stoned him, the purpose of Tertullus in accusing Paul, and of the forty Jews combined to destroy him. There is nothing at present that is hid from thee, no dark purpose or designe (though never so speciously vaild over with good or Religious pretences), but is perspicable by the eye of thy All-seeing Wisdom.
The frailty and dimnesse of our sight cannot distinguish between things that are and but seem to be, between Truth and Falshood: insomuch that this vain world frequently mis-calls Good, Evil; and Evil Good: and upon confidence of this common frailty, bad men endowed with craft and vain policy, impose upon the weak and credulous what shapes and imaginations of things their wicked ends suggest unto them. Forasmuch as therefore O Lord, thou art the protectour of all the Innocent, and detector of the false accusers, give some real manifestation to the World, both of the one and of the other; open the breasts of Mr Walwyn and his Accusers: Let their thoughts be manifest, the secret purposes and designements of their hearts written as in their fore-heads; that so thy Name may have the glory in a plain and visible discovery of them both, and the innocence of the one shine more bright by this fiery Tryal it is now undergoing; and the secret ends and contrivances of the other be no longer concealed under the painted garment of zeal towards thee and thy Word, which thou knowest O God, is by many of them put on purposely to enable them to destroy innocent men, and to persecute thy Christ In his Members.
But if O Lord thou hast decreed that bad men shall run on in the course of their wickednesse, till their measure be full, and wilt suffer them to be chastizing instruments in thy hand, for the many frailties and sinnes of thy servants, thy will be done, only support us we beseech thee with the strength of thy inward consolations, with patience to drink of that Cup thou hast provided for thy servants, and to submit all we are or have, to thy hand, thy wisdom, thy will, our Lord, our God, our Father.
T.196 (6.15) William Walwyn, The Fountain of Slaunder Discovered (30 May 1649).↩
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Bibliographical Information
ID NumberT.196 [1649.05.30] (6.15) William Walwyn, The Fountain of Slaunder Discovered (30 May 1649).
Full titleWilliam Walwyn, The Fountain of Slaunder Discovered. By William Walwyn, Merchant. With some passages concerning his present Imprisonment in the Tower of London. Published for satisfaction of Friends and Enemies.
London, Printed by H. Hils, and are to be sold by W. Larnar, at the sign of
the Blackmore, near Bishops-gate. M.DC.XLIX. (1649)
30 May 1649.
Thomason Tracts Catalog informationTT1, p. 746; Thomason E. 557. (4.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
The Fountain of Slander discovered, &c.
From my serious and frequent consideration of the goodness of God towards man, the innumerable good things he created for his sustenance & comfort; that he hath made him of so large a capacity as to be Lord over other creatures; ever testifying his love, by giving rain and fruitfull seasons, feeding our hearts with food and gladnesse: That he hath made him, as his own Vicegerent, to see all things justly and equally done, and planted in him an ever living conscience to mind him continually of his duty; I could not but wonder that this should not be sufficient to keep mankind in order, and the world in quiet.
But when I considered the infinite obligations of love and thankfulnesse, wherewith men, as Christians, are bound unto God, and yet how extremely averse all sorts of Christians were, to the essentiall and practicall part of Religion; so great ingratitude did quite astonish me.
And made me with much patience passe over the many injuries I have suffered for my own endeavours after common good; and to resolve within my self, that for any man to give good heed to the voyce of God in his own conscience, and vigorously to appear against the unrighteousnesse of men, is certainly the way to affliction and reproaches.
And hereupon, when of late I have been hunted with open mouth, and could appear in no place, but I was pointed at, and frown’d upon almost by every man, I was but little moved; for why should I expect better measure than my Maker and Redeemer? And so with patience sate me down, and considered, whence so many undeserved aspersions should proceed against me at a time too, when I was most secure; all power being then in the hands of such, from whom I had merited nothing but love and friendship.
I was sure any man that had a mind to know what, or where I was, might easily trace me from my present habitation in Moor-Fields, to Newland in Worcestershire, where I was born of no unknown or beggarly parentage, as some have suggested to disparage me; but such as were both generous, as the world accounts; and ingenuous too, as wise men judge; and to whose exemplary virtue I owe more, then for my being.
I knew an exact accompt might be taken of me, in lesse then one daies time: and that this may gain belief, I shall refer the enquiry of my birth and breeding to Mr Sallaway, a Member of Parliament for the County of Worcester; and for my first eight years in London to Mr Crowder, another Member of this present Parliament: The truth of whose relation, I suppose none will doubt, and I shall be obliged to them, to satisfie as many as desire it.
For 13 years together, after that, I dwelt in the Parish of Saint James, Garlick-hill, London: Where, for all that time, any that please, may be satisfied; since which time, I have lived in Moor-Fields, where now my Wife and Children are; and what my demeanour there hath been, my neighbours will soon resolve.
I have been married 21 years, and have had almost 20 Children; my profession hath been Merchandising, but never was beyond the Seas; but my Brother died in Flanders in my imployment, and cost me near 50 pounds, rather then he should want that buriall accustomed to Protestants; which one would think might suffice to prove me no Jesuite.
In all which time, I believe scarce any that ever knew me, will be so dis-ingenuous as to spot me with any vice; and as little of infirmity as of any other; having never heard ill of my self, untill my hopes of this Parliament encouraged me to engage in publique affairs; being then 40 years of age, 20 of which I had been a serious and studious reader and observer of things necessary.
But then in short time, I heard such vile unworthy things as I abhorred, and made me blush to hear; and ever since, reproaches have pursued me, like rowling waves, one in the neck of another.
All which being groundlesse, as my conscience well knew, I soon concluded, they were devised purposely by some Politicians (whose corrupt interest I opposed) to render me odious to all societies of men, and so to make me uselesse to the Commonwealth, which my long experience and observation told me, was a common practice in all ages.
So as to me it is evident, that corrupt interests are the originall of Politicians; for a just course of life, or interest, needs no crafts or policies to support it: And it is as clear to me, that Politicians are the originall of reproaches, and the fountain of slander: for that it being impossible to defend an ill cause by reason; reproaches necessarily must be devised, and cast upon the opposers to discredit what they speak; or it were impossible for any corrupt interest to stand the least blast of a rationall opposition.
Most miserable unhappy therfore are those men, who are engaged and resolved to continue in any kind of corrupt interest, or way of living; since they are thereby all their life long necessitated to become meer Politicians, devisers of lies, slanders, falshoods, and many times to perpetrate the most dishonest actions that can be imagined, for supportation of their interest.
And upon this accompt I am certain, and upon no other, so much dirt hath been cast upon me; for when art and sophistry will not serve to vanquish truth and reason, aspersion generally wil do the deed.
Which hath made discreet and considerable men to make a contrary use of aspersions: For whereas the rash, and weak, when they hear either man or Cause asperst, they presently shun the men, and abhominate the cause upon little or no examination, as being affrighted therewith. Wise and discreet men, skilfull in the common rules and practises of the world, are so far from prejudging either the man or cause of evil; that without prejudging, or partiality, they make an exact enquiry, how things are, and determine nothing but upon good and reall satisfaction.
And there is good cause for every man so to do; for if all stories be well searcht into, it will be found. That unjust, cruel, covetous, or ambitious men, such as were engaged in corrupt interests, or in some wicked designs, were ever the aspersers; and honest, just and publique spirited men the aspersed.
That this is a certain truth, examples need not be brought out of common histories, whilst the Scriptures abound therewith.
It was the portion both of the Prophets and Apostles, and of all the holy men of all times: yea, our blessed Saviour, who spent all his time on earth in doing good, was neverthelesse tearmed, a Wine-bibber, a Friend of Publicans and sinners, a Caster out of Devils by Beelzebub the Prince of Devils. And who were they that so asperst him, but the great and learned Politicians of the times, who with the Scribes and Pharisees, set themselves against him and his doctrines, because he gave knowledge to the poor and simple; by which, their delusion, pride, oppression and corrupt interests were plainly discovered.
So that let no man look to escape aspersions, that sets himself to promote any publique good, or to remove any old or new setled evil; but let him resolve, according to the good he endeavoureth, so shall his aspersion be: Nor let him thinke, when time and his constant actings have worn out, one, or two, or ten aspersions, that he is therfore free; but if he continue to mind more good, he shall be sure to find new aspersions, such as he never dream’d of, or could imagine.
Luther opposeth the delusions and oppressions of the Pope, and his Clergy, and the ruine of Emperours, Kings and great ones of the world, laies them all open and naked to the view of all men: and who was ever more asperst then he?
Cornelius Agrippa sets forth a Treatise, entituled, The vanity of Arts and Sciences; and is reputed a Conjurer for his labour.
How faisly and vilely were our Martyrs reproached and cruelly used in Queen Maries daies, for opposing the wickednesse of the great ones of that time? And how unjustly Mr Greenwood, Mr Penry, and Mr Barrow suffered in Queen Elizabeths daies for publishing unwelcome truths, is yet sadly remembred.
Yet how odious did the Bishops set forth those that pretended for the Discipline of Presbyterie? all along comparing them to the Anabaptists of Munster; affirming, that (whatever they pretended) they aimed to destroy all Magistracy and Government; to have plurality of wives, and all things common; saying any thing of them to render them odious to the people.
In like manner the Court reproached Parliaments upon their least shew of redresse of grievances, or abatement of Prerogative; calling them, a factious, seditious, viperous brood, that intended to bring all to Anarchy, parity and confusion.
And even so divers Presbyters of late have dealt with the Independents, Brownists, Anabaptists, Antinomians, and the like; stiling them Heretiques, Blasphemers, Sectaries; and comparing the Army and their Leaders to Jack Cade, Wat Tyler, and John of Leydon. And so about that time dealt the Parliament with many wellminded people, that petitioned them for removall of long setled, and new imposed grievances, tearming them factious, and seditious Sectaries; and burnt their just Petitions most reproachfully by the common hangman.
And just so now deal some most unworthy Independents with many the present Asserters of common freedom, stiling them Levellers, Anti-scripturists, Atheists; and devise such scandalous, false aspersions against them; and publish the same with so much bitternesse and vilenesse of expression, as if they resolved of all that went before them, from Rabshekah, to the unhappy daies of Mr Edwards, and his Contemporaries, none should come nigh them for invention, or calumniation; and that upon no cause, except for opposing the present corruption and corrupt interests of the times; wherein it should seem, many of them are now engaged, and taking pleasure therein, are as impatient as ever Demetrius and the Crafts-men were with Paul for preaching against the Goddesse Diana, by making of whose Shrines they lived, tis like, very plenteously.
And although nothing be more evident, then that Aspersers are ever deceivers, and asperse for no other end but for their own interest and advantage, yet are not men sufficiently cautious to avoid their wiles, but are ensnared perpetually; for let a man with never so much discretion and fidelity, make known a publique grievance, or an imminent danger, and propose never so effectuall means for redresse and prevention, yet if one of these subtil Politicians, or their Agents, can have opportunity to buz into the ears of those that are concerned, thou the proposer art an Heretique, a Blasphemer, an Atheist, a denier of God and Scriptures; or, which is worse to most rich men, that he is a Leveller, and would have all things common: then out upon him, away with such a fellow from off the earth; better perish then be preserved by so prophane a person: and in the mean time, who so seemingly pious, meek and religious as the asperser? Whose councel so readily harkned to as his? which yet leadeth to a certain bondage, or destruction, never feared till felt.
And truly but for these deceits in Politicians, and these weaknesses in the people, it had been impossible but these times must necessarily have produced much more good to the Common wealth: and it is wonderfull to consider, how powerfully this delusion proves in all times; no warning or experience being guard enough against it, though to a reasonable judgment, no deceit be more palpable.
For generally the asperser is really guilty of what he unjustly brands another withall: So, the false Prophets accuse the true of falsnesse: In like manner, the false Apostles accuse the true: The Scribes and Pharisees were, indeed, friends of Publicans and Sinners, reall friends of Beelzebub, as being the chief of Hypocrites: The Pope and his Clergie really guilty of all they fained against Luther: Emperours and Great ones of the world, cry out of perfidiousnesse, and breach of Oaths; who have broken so frequently as they? or make so little of it when ’tis done? Those who cry out against Community, Parity and Levelling, in the mean time enforce all to their own wils, both Persons, Estates and Consciences, and if resisted, fire and sword, halters, axes and prisons, must be their Executioners. The persecutor is for the most part the most desperate heretick, and those that cry out so much against blasphemy, neither regard man nor honour God, pretending Godlinesse onely for by, and base respects: Those who make so great a noise against Atheists, are they not such as say in their hearts, there is no God? denying him in their actions and conversations, back-biting, covetousnesse, pride, and usury being no sinnes amongst them, men that have a meer specious forme of Godlinesse, but no power at all: Those that raise fames of denying the Scriptures; you shall have them do it so as if they did it purposely to bring Scriptures in question, and write so in defence of them, as if they bent all their endeavours (though subtilly and obscurely) to weaken the credit and belief thereof; and have the impudence to call their uncertaine, doubtfull preaching and sermons the word of God, preach for filthy lucre, and take money for that which is not bread; so that if people had but any consideration in them, they would easily discover the fraud, policy and malice of aspersors, and be armed against their stratagems.
And although the people for some time may be deceived by their delusions, and do not perceive their devises: yet God in the end discovers them to their shame; setting their nakednesse and the shame of their nakednesse open in the sight of all men; and that garment of hypocriticall Godlinesse with which they stalked so securely, becomes a badge of their reproach.
The Scribes, and Pharisees, and Herod, and Pilat had their time; but are their names now any other but a by-word? and doth not the Doctrine of Luther, shine in despite of all his mighty opposers?
What gained the Bishops by bespeaking the Presbyter of so much errour and madnesse, but their own down-fall? what got the Courtiers by accusing Parliaments of intending Anarchy and Community but their own ruine? and have not these Presbyters brought themselves to shame by their bitter invective Sermons and writings against the Independent and Sectaries?
And are all these forementioned, acquitted of the aspersions cast upon them? and am I and my friends guilty? why must these scandalous defamations be truer of us then of them? in their severall times they were beleeved to be true of them, and its time onely and successe that hath cleared them, and should perswade men to forbear censuring us of evil unlesse the just things we have proposed, and Petitioned for be granted; and if we content not our selves within the bounds of just Government let us then be blamed, and not before: but what sayes the politician if somebody be not asperst. Mischief cannot prosper if these men be believed and credited, downe goes our profit. And truely, that enemies to the common freedome of this Nation, or enemies to a just Parliamentary Government, enemies to the Army, or men of persecuting principles and practices, should either divide or scatter these false aspersions against me, I did never wonder at: beleiving these to be but as clouds that would soon vanish upon the rising of the friends of the Common wealth, and prevailing of the Army; And so it came to passe, and for a season continued; but no sooner did I and my friends in behalf of the Common-wealth, manifest our expectation of that freedome so long desired, so seriously promised them in the power of friends to give and grow importunate in pursuit thereof, but out flies these hornets againe about our ears, as if kept tame of purpose to vex and sting to death those that would not rest satisfied with lesse then a well grounded freedome: and since, we have been afresh more violently rayled at then ever, as if all the corrupt interests in England must downe, except we were reproacht to purpose.
And certainly there was never so fair an opportunity to free this Nation from all kinds of oppression and usurpation as now, if some had hearts to do their endeavour, that strongly pretended to do their utmost; and what hinders, is as yet, somewhat in a mistery; but time will reveal all, and then it will appear more particularly then will yet be permitted to be discovered, from what corrupt fountaine, (though sweetned with flowers of Religion) these undeserved clamours have issued against me and my friends.
But I shame to thinke how readily, the most irrationall sencelesse aspersions cast upon me, are credited by many, whom I esteemed sincere in their way of Religion, and that most uncharitably against the long experience they have had of me, and most unthankfully too, against the many services I have done them, in standing for their liberties (and animating others so to do) when they were most in danger and most exposed, never yet failing though in my own particular I were not then concerned) to manifest as great a tendernesse of their welfare as mine owne.
But in patience I possesse my self, such as the tree is such I perceive will be the fruit: and as I see a man is no farther a man then as he clearly understands; so also I perceive a Christian is no farther a Christian then as he stands clear from errour, and superstition, with both which were not most men extreamly tainted? such rash and harish censures could never have past upon me, such evil fruits springing not from true Religion; wherein, as full of zeal, as the times seeme to be; most men are far to seek: every man almost differs from his neighbour, yet every man is confident, who then is right in judgement? and if the judgement direct to practice (as no doubt it ought) no marvell we see so much weaknesse, so much emptinesse, vanity, and to speak softly, so much unchristianity, so many meer Nationall and verball, so few practicall and reall Christians, but busie-bodies, talebearers, serviceable, not to God, in the preservation of the life or good name of their neighbours, but unto polititians in blasting and defaming, and so in ruining of their brother.
If I now amidst so great variety of judgements and practises as there are, should go a particular way; Charity and Christianity would forbear to censure me of evill, and would give me leave to follow mine owne understanding of the Scriptures, even as I freely allow unto others.
Admit then my Conscience have been necessitated to break through all kinds of Superstition, as finding no peace, but distraction and instability therein, and have found out true uncorrupt Religion, and placed my joy and contentment therein; admit I find it so brief and plaine, as to be understood in a very short time, by the meanest capacity, so sweet and delectable as cannot but be embraced, so certain as cannot be doubted, so powerfull to dissolve man into love, and to set me on work to do the will of him that loved me, how exceedingly then are weak superstitious people mistaken in me?
That I beleive a God, and Scriptures, and understand my self concerning both, those small things I have occasionally written and published, are testimonies more then sufficient; as my Whisper in the eare of Mr. Thomas Edwards; My Antidote against his poyson; My prediction of his conversion and recantation: My parable or consultation of Physitians upon him: and My still and soft voice (expresly written though needlesse after the rest) for my vindication herein, all which I intreat may be read and considered: and surely if any that accuse and backbite me, had done but half so much, they would (and might justly) take it very ill not to be believed.
But when I consider the small thanks and ill rewards I had from some of Mr. Edward’s his opposers, upon my publishing those Treatises, I have cause to beleive they are fraught with some such unusuall truths, that have spoiled the markets of some of the more refined Demetrius’s and crafts-men; I must confesse I have been very apt, to blunt out such truths as I had well digested to be needfull amongst men: wherein my conscience is much delighted, not much regarding the displeasure of any, whilst I but performe my duty.
And in all that I have written my judgement concerning Civil Government is so evident, as (if men were men indeed, and were not altogether devoid of Conscience) might acquit me from such vanities as I am accused of; but for this, besides those I have named, I shall refer the Reader to my Word in Season, published in a time of no small need; and to that large Petition that was burnt by the hand of the common Hangman, wherein with thousands of wel-affected people I was engaged: and to which I stand, being no more for Anarchy and Levelling, then that Petition importeth; the burners thereof, and the then aspersers of me and my friends having been since taught a new lesson, and which might be a good warning to those that now a fresh take liberty to abuse us: but no heart swoln with pride as the politicians, but scornes advice, spurns and jeers, and laugh at all; yet for all their confidence, few of them escape the severe hand of Gods justice first and last, even in this world.
Indeed it hath been no difficult thing to know my judgement by the scope of that Petition, and truely were I as deadly an enemy unto Parliaments (as I have been and still am a most affectionate devotant to their just Authority) I could not wish them a greater mischief then to be drawne to use Petitioners unkindly, or to deny them things reasonable, upon suspition that they would be emboldened to ask things unreasonable, by which rule, no just things should ever be granted; wishing with all my heart that care may be speedily taken in this particular, the people already being too much enclined to be out of love with Parliaments, then which I know no greater evill can befall the Common-wealth.
Another new thing I am asperst withall, is, that I hold Polygamie, that is, that it is lawfull to have more wives then one; (I wonder what will be next, for these will wear out, or returne to the right owners) and this scandall would intimate that I am addicted loosely to women; but this is another envenomed arrow drawne from the same Pollitick quiver, and shot without any regard to my inclination; and shewes the authors to be empty of all goodnesse, and filled with a most wretchlesse malice; for this is such a slander as doggs me at the heels home to my house; seeking to torment me even with my wife and children and so to make my life a burthen unto me; but this also loseth its force, and availeth nothing, as the rest do also, where I am fully known; nay it produceth the contrary; even the increase of love and esteeme amongst them, as from those, whose goodnesse and certain knowledge can admit no such thoughts of vanity or vilenesse in me: one and twenty years experience with my wife, and fifteen or sixteen with my daughters, without the least staine of my person, putting the question of my conversation out of all question.
There are also that give out that I am of a bloudy disposition, its very strange it should be so and I not know it, sure I am, and I blesse God for it, that since I was a youth I never struck any one a blow through quarrell or passion; avoyding with greatest care all occasions and provocation; and although possibly nature would prevaile with me to kill rather then be killed; yet to my judgement and conscience, to kill a man is so horrid a thing, that upon deliberation I cannot resolve I should do it.
And though to free a Nation from bondage and tyranny it may be lawfull to kill and slay, yet I judge it should not be attempted but after all means used for prevention; (wherein I fear there hath been some defect) and upon extreme necessity, and then also with so dismall a sadnesse, exempt from that usuall vapouring and gallantry (accustomed in meer mercinary Souldiers) as should testifie to the world that their hearts took no pleasure therein; much lesse that they look’d for particular gaine and profit for their so doing: and I wish those who have defamed me in this, did not by their garnisht outside, demonstrate that they have found a more pleasing sweetnesse in bloud then ever I did.
Now some may wonder why those religious people that so readily serve the Polliticians, turnes in catching and carrying these aspersions from man to man, have not so much honesty or charity, as to be fully satisfied of the truth thereof, and then deale with me in a Christian way, before they blow abroad their defamations; or why the taking away of my good name, which may be the undoing of my wife and children should be thought no sin amongst them? but truely I doe not wonder at it, for where notionall or verball Religion, which at best is but superstition, is author of that little shadow of goodnesse which possesses men, its no marvell they have so little hold of themselves: for they want that innate inbred vertue which makes men good men, and that pure and undefiled Religion, which truly denominateth men good Christians; and which only giveth strength against temptations of this nature.
And as men are more or lesse superstitious, the effects will be found amongst them; nor is better to be expected from them untill they deeme themselves, no further Religious, then as they find brotherly love abound in their hearts towards all men: all the rest being but as sounding brasse and tinkling Simbals; nor will they ever be so happy as to know their friends from their foes, except they will now at length be warned against these cunning ways of Polliticians, by scandals and aspersions to divide them; and be so wise, as to resolve to beleeve nothing upon report, so as to report it againe, untill full knowledge of the truth thereof; and then also to deal as becommeth a discreet Christian, to whom anothers good name is as pretious as his own; being ever mindfull, that love covereth a multitude of sins.
But I have said enough as I judge for my owne vindication and discovery of the infernall tongues of Polliticians, that set on fire the whole course of nature, and am hopefull thereby to reclaime some weak wel-minded people from their sodain beleeving or inconsiderate dispersing of reproaches; and so to frustrate the polliticians ends in this dangerous kind of delusion.
As for those who know me and yet asperce me, or suffer others unreproved, all such I should judge to be polliticians their hirelings, or favourers; and I might as well undertake to wash a Blackmore white, as to turne their course, or restore them to a sound and honest mind.
However I shall no whit dispaire of the prosperity of the just cause I have hitherto prosecuted, because (though at present I be kept under) yet I have this to comfort me, that understanding increaseth exceedingly, and men daily abandon superstition, and all unnecessary fantastick knowledge; and become men of piercing judgements, that know the arts and crafts of deceivers, and have abillity to discover them; so that besides the goodnesse of the cause which commands my duty, I may hope to see it prosper, and to produce a lasting happinesse to this long enthraled Nation.
A good name amongst good men I love and would cherish; but my contentment is placed only in the just peace and quietnesse of my own conscience, I may be a man of reproaches, and a man of crosses, but my integrity no man can take from me; I may by my friends and nearest alliances, be blamed as too forward in publique affaires, be argued of pride, as David was by his brother; yet I thinke the family whereof I am, is so ingenious as to acquit me, and to believe my conscience provokes me to do what I have done; but admit it should not be so, my answer might be the same as his. Is there not a cause? nay may I not rather wonder the harvest being so great, that the labourers be so few; if all men should be offended with me for endeavouring the good of all men, in all just wayes (for I professe I know no other cause against me) I should choose it rather then the displeasure of God or the distaste of my owne conscience, affliction being to me a better choice then sin.
And this my judgement (as necessary for that time) I put into writing about 16 monthes since or somewhat more, but deferred the publishing, because it was once denied the Licencing, (which by the way was hard measure, considering how freely aspersers have been Licenced or countenanced against me) but chiefly I omitted to Print it, because I thought my continuall acting towards the common peace, freedome, and safety of the Nation, would yet in time clear off all my reproaches, and for that I could not possibly vindicate my selfe, but that I must necessarily reflect upon some sorts of men, whom I did hope time and their grouth in knowledg would have certified in their judgements concerning me, and the things I ever promoted; But finding now at length, that notwithstanding all times since, I walked in an uprightnesse of heart towards their publique good; without any the least wandering and deviation, (as their Petitioners of the 11 of September will bear me witnesse) notwithstanding I can prove I have rendered very much good, to those that had done me very much evil, and from whom its known I have deserved better things; yet my aspersions after the last Summers troubles were over, flew abroad a fresh, (for in all that time I had very fair words) and now say but Walwin was a Jesuite, and a Pentioner to the Pope, or some Forraigne State: but for proof not one sillable ever proved one while I was a Leveller, then on a sodaine I drove on the King’s designe, and none so countenanced as those that were officious in telling strange stories and tales of me: Insomuch, as I found it had an effect of danger towards my life; divers of the Army giving out, that it would never be well till some dispatch were made of me; that I deserved to be stoned to death; All which, though I considered it to its full value, yet did it not deterre me from pursuing my just Cause, according to my just Judgement and Conscience; but this was my portion from too many, from whom I may truly say, I had deserved better: yet in all these things it was my happinesse to have good esteem from such as I account constant to the Cause, and uncorrupted men of Army and Parliament, to whose love in this kind, for many years, I have been exceedingly obliged, and who never shunned me in any company, nothwithstanding all reproaches, but ever vindicated me, as having undoubted assurance of my integrity; and believing confidently, that I was asperst for no other cause, but for my perpetuall solicitation for the Common-wealth.
But there is no stopping the mouth of corrupt interests, against which only I have ever steered, and not in the least against persons; being still of the same mind I was when I wrote my Whisper in the ear of Mr. Edwards, Minister; professing still, as there in pag: 3. I did, in sincerity of heart; That I am one that do truly and heartily love all mankind, it being my unfeined desire, that all men might be saved, and come to the knowledge of the truth: That it is my extreme grief, that any man is afflicted, molested or punished, and cannot but most earnestly wish them all occasion were taken away—That there is no man weak, but I would strengthen; nor ignorant, but I would reform; nor erroneous, but I would rectifie; nor vicious, but I would reclaim; nor cruel, but I would moderate and reduce to clemency—I am as much grieved that any man should be so unhappy as to be cruel or unjust, as that any man should suffer by cruelty or injustice; and if I could, I would preserve from both.
And however I am mistaken, it is from this disposition in me, that I have engaged in any publique affairs, and from no other—Which my manner of proceeding, in every particular businesse wherein I have in any measure appear’d, will sufficiently evince to all that have, without partiality, observed me.
I never proposed any man for my enemy, but injustice, oppression, innovation, arbitrary power, and cruelty; where I found them, I ever opposed my self against them; but so, as to destroy the evil, but to preserve the person: And therfore all the war I have made, other then what my voluntary and necessary contributions hath maintained, which I have wisht ten thousand times more then my ability; so really am I affected with the Parliaments just cause for the common freedom of this Nation. I say, all the war I have made, hath been to get victory over the understandings of men, accounting it a more worthy and profitable labour to beget friends to the Cause I loved, rather then to molest mens persons, or confiscate mens estates: and how many reall Converts have been made through my endeavours, reproaches might tempt me to boast, were I not better pleased with the conscience of so doing.
Of this mind I was in the year, 1646, and long before; and of the same mind I am at this present; and, I trust, shall ever but be so.
And hence it is, that I have pursued the settlement of the Government of this Nation by an Agreement of the People; as firmly hoping thereby, to see the Common-wealth past all possibility of returning into a slavish condition; though in pursuite thereof, I have met with very hard and froward measure from some that pretended to be really for it: So that do what I will for the good of my native Country, I receive still nothing but evil for my labour; all I speak, or purpose, is construed to the worst; and though never so good, fares the worse for my proposing; and all by reason of those many aspersions cast upon me.
If any thing be displeasing, or judged dangerous, or thought worthy of punishment, then Walwyn’s the Author; and no matter, saies one, if Walwyn had been destroyed long ago: Saies another, Let’s get a law to have power our selves to hang all such: and this openly, and yet un-reproved; affronted in open Court; asperst in every corner; threatned wherever I passe; and within this last month of March, was twice advertised by Letters, of secret contrivances and resolutions to imprison me.
And so accordingly (sutable to such prejudgings and threatnings) upon the 28th of March last, by Warrant of the Councel of State; I that might have been fetcht by the least intimation of their desire to speak with me, was sent for by Warrant under Sergeant Bradshaw’s hand, backt with a strong party of horse and foot, commanded by Adjutant Generall Stubber (by deputation from Sir Hardresse Waller, and Colonel Whaley) who placing his souldiers in the allyes, houses, and gardens round about my house, knockt violently at my garden gate, between four and five in the morning; which being opened by my maid, the Adjutant Generall, with many souldiers, entred, and immediately disperst themselves about the garden, and in my house, to the great terror of my Family; my poor maid comming up to me, crying and shivering, with news that Souldiers were come for me, in such a sad distempered manner (for she could hardly speak) as was sufficient to have daunted one that had been used to such sudden surprisals; much more my Wife, who for two and twenty years we have lived together, never had known me under a minutes restraint by any Authority; she being also so weakly a woman, as in all that time, I cannot say she hath enjoyed a week together in good health; and certainly had been much more affrighted, but for her confidence of my innocence; which fright hath likewise made too deep an impression upon my eldest Daughter, who hath continued sick ever since, my Children and I having been very tender one of another: Nor were my neighbours lesse troubled for me, to whose love I am very much obliged.
The Adjutant Generall immediately followed my maid into my Chamber, as I was putting on my clothes; telling me, that he was sent by the Councel of State (an Authority which he did own) to bring me before them: I askt, for what cause? he answered me, he did not understand particularly, but in the notion of it, it was of a very high nature: I askt him, if he had any warrant? he answered, he had; and that being drest, I should see it.
The Souldiers I perceived very loud in the garden; and I not imagining then, there had been more disperst in my neighbours grounds and houses; and being willing to preserve my credit (a thing sooner bruised then made whole) desired him, to cause their silence, which he courteously did: Then I told him, if he had known me in any measure, he would have thought himself, without any souldiers, sufficient to bring me before them: That I could not but wonder (considering how well I was known) that I should be sent for by Souldiers, when there was not the meanest civil Officer but might command my appearance: That I thought it was a thing not agreeable to that freedom and liberty which had been pretended.
That now he saw what I was, I should take it as a favour, that he would command his Souldiers off, which he did very friendly, reserving some two very civil Gentlemen with him; so being ready, he shewed me the Warrant: the substance whereof was, for suspicion of treason, in being suspected to be the Author of a Book, entituled, The second part of Englands new Chains discovered: I desired him to take a Copy of it, which was denied, though then and afterwards by my self, the Lieut. Col. John Lilburn (who was likewise in the same Warrant) importuned very much for.
Then I went out with him into Moor-Fields, and there I saw, to my great wonder, a great party of souldiers, which he commanded to march before, and went with me, (only with another Gentleman, at a great distance) to Pauls; yet such people as were up, took so much notice of it, as it flew quickly all about the Town; which I knew would redound much to my prejudice, in my credit; which was my only care, the times being not quallified for recovery of bruises in that kind.
In Pauls Church-yard was their rendezvous; where I was no sooner come, but I espied my Friends, Mr Lilburn and Mr Prince, both labouring to convince the souldiers of the injury done unto us, and to themselves, and to posterity, and the Nation in us: in that they, as souldiers, would obey and execute commands in seizing any Freeman of England, not Members of the Army, before they evidently saw the civil Magistrates and Officers in the Common-wealth, were resisted by force, and not able to bring men to legall trials, with very much to that purpose; and in my judgment, prevailed very much amongst them; many looking, as if they repented and grieved to see such dealings.
Then they removed to a house for refreshment, where, after a little discourse, we perswaded them to release two of Mr Davenish his sons, whom a Captain had taken into custody without Warrant: but that kind of errour being laid fully open, they were enlarged with much civility, which I was glad to see, as perceiving no inclination in the present Officers or Souldiers, to defend any exorbitant proceedings, when this understood them to be such.
So the Adjutant Generall sent off the whole party, and with some very few, took us, by water, to his Quarters at Whitehall (where after a while, came in Mr Overton) the Adjutant intending about nine of the clock, to go with us to Darby house.
But the Councel not sitting till five at night, we were kept in his Quarters all that time; where some, but not many of our friends that came to visit us, were permitted.
About five a clock, the Councel sate; so he took us thither, where we continued about two houres, before any of us were called in; and then Mr Lilburn was called, and was there about a quarter of an hour, and then came out to us, and his Friends, declaring at large all that had past between him and them.
Then after a little while, I was called in, and directed up to Sergeant Bradshaw the President; who told me, that the Parliament had taken notice of a very dangerous Book, full of sedition and treason; and that the Councel was informed, that I had a hand in the making or compiling thereof; that the Parliament had referred the enquiry and search after the Authors and Publishers, to that Councel; and that I should hear the Order of Parliament read, for my better satisfaction: so the Order was read, containing the substance of what the President had delivered; and then he said, by this you understand the cause wherfore you are brought hither; and then was silent, expecting, as I thought, what I would say.
But the matter which had been spoken, being only a relation, I kept silence, expecting what further was intended; which being perceived, the President said. You are free to speak, if you have any thing to say to it: to which I said only this, I do not know why I am suspected: Is that all, said he: To which I answered. Yes; and then he said. You may withdraw: So I went forth.
And then Mr Overton, and after him, Mr Prince, were called in; and after all four had been out a while, Mr Lilburn was called in again, and put forth another way; and then I was called in again:
And the President said to this effect, that the Parliament had reposed a great trust in them for finding out the Authors of that Book; and that the Councel were carefull to give a good accompt of their trust; in order whereunto, I had been called in, and what I had said, they had considered; but they had now ordered him to ask me a question, which was this: Whether or no I had any hand in making or compiling of this Book? holding the Book in his hand: To which, after a little while, I answered to this effect. That I could not but very much wonder to be asked such a question; howsoever, that it was very much against my judgment and conscience, to answer to questions of that nature which concem’d my self; that if I should answer to it, I should not only betray my own liberty, but the liberties of all Englishmen, which I could not do with a good conscience: And that I could not but exceedingly grieve at the dealing I had found that day; that being one who had been alwaies so faithfull to the Parliament, and so well known to most of the Gentlemen there present, that neverthelesse I should be sent for with a party of horse and foot, to the affrighting of my family, and ruine of my credit; and that I could not be satisfied, but that it was very hard measure to be used thus upon suspicion only; professing, that if they did hold me under restraint from following my businesse and occasions, it might be my undoing, which I intreated might be considered.
Then the President said, I was to answer the question; and that they did not ask it, as in way of triall, so as to proceed in judgment thereupon, but to report it to the House: To which I said, that I had answered it so as I could with a good conscience, and could make no other answer; so I was put forth a back way, as Mr Lilburn had been, and where he was.
After this, they cal’d in Mr Overton, and after him Mr Prince, using the very same expressions, and question to all alike; and so we were all four together; and after a long expectance, we found we were committed Prisoners to the Tower of London, for suspicion of high treason; where now we are, to the great rejoycing of all that hate us, whose longing desires are so far satisfied: And to make good that face of danger, which by sending so many horse and foot was put upon it, a strong Guard hath ever since been continued at Darby house, when the Councel sits.
And now again, fresh aspersions and reproaches are let loose against us, and by all means I, that never was beyond the Seas, nor ever saw the Sea, must be a Jesuite, and am reported to be now discovered to be born in Spain: That because I am an enemy to superstition, therfore they give out, I intend to destroy all Religion; and (which I never heard till now) that I desire to have all the Bibles in England burnt; that I value Heathen Authors above the Scriptures: whereas all that know me, can testifie how, though I esteem many other good Books very well, yet, I ever prefer’d the Scriptures; and I have alwaies maintained, that Reason and Philosophy could never have discovered peace and reconciliation by Christ alone, nor do teach men to love their enemies; doctrines which I prize more then the whole world: It seems I am used so ill, that except by aspersions I be made the vilest man in the world, it will be thought, I cannot deserve it: And though I were, yet (living under a civil Government) as I hope, I ever shall do, and not under a Military, I cannot discern how such dealing could be justified: For, admit any one should have a mind to accuse me of treason, the party accusing ought to go to some Justice of the Peace, dwelling in the County or hundred, and to inform the fact; which if the Justice find to be against the expresse law, and a crime of treason; and that the accuser make oath of his knowledge of the fact; then the Justice may lawfully give out a Warrant, to be served by some Constable, or the like civil Officer, to bring the party accused before him, or some other Justice: wherein the party accused is at liberty to go to what Justice of Peace he pleaseth; and as the matter appeareth when the parties are face to face before a Justice, with a competent number of friends about him to speak in his behalf, as they see cause, his house being to be kept open for that time; then the Justice is to proceed as Laws directeth, as he will answer the contrary at his perill; being responsible to the party, and to the Law, in case of any extra-judiciall proceeding; and the Warrant of attachment and commitment ought to expresse the cause of commitment in legall and expresse tearms, as to the very fact and crime; and to refer to the next Gaol delivery, and not at pleasure.
Whereas I was fetcht out of my bed by souldiers, in an hostile manner, by a Warrant, expressing no fact that was a crime by any law made formerly, but by a Vote of the House, past the very day the Warrant was dated: Nor was I carried to a Justice of the Peace, much lesse to such a one as I would have made choyce of, where my Accuser (if any) was to appear openly face to face, to make oath of fact against me, if any were, but before a Councel of State, where I saw no Accuser face to face, nor oath taken, nor my friends allowed to be present, nor dores open; but upon a bare affirmation that the Councel was informed that I had a hand in compiling a Book, the title nor matter whereof was not mentioned in any law extant: whereas treason by any law, is neither in words nor intents, but in deeds and actions, expresly written, totidem verbis, in the law. And after, being required to answer to a question against my self, in a matter (avouched by Vote of Parliament to be no lesse then Treason) was committed Prisoner, not to a common County prison, (nor for the time) referred to the next Gaol delivery, by the ordinary Courts of Justice, my birthright, but to the Tower of London, during pleasure, preferred to be tryed by the upper Bench, whereas treason is triable only in the County where the fact is pretended to be committed.
All which I have laboured with all the understanding I have, or can procure, to make appear to be just and reasonable, but cannot as yet find any satisfaction therin; being clear in my judgment, that a Parliament may not make the people lesse free then they found them, but ought at least to make good their liberties contained in Magna Charta, the Petition of Right, and other the good Laws of the Land, which are the best evidences of our Freedoms. Besides, I consider the consequence of our Sufferings; for in like manner, any man or woman in England is liable to be fetcht from the farthest parts of the Land, by parties of horse and foot, in an hostile manner, to the affrighting and ruining of their Families; and for a thing, or act, never known before by any Law to be a crime, but voted to be so, only the very day perhaps of signing the Warrent: And therfore that such power can be in this, or any other Parliament; or that such a kind of proceeding can be consistent with freedom, I wish any would give me a reason that I might understand it; for certainly the meer voting of it, will hardly give satisfaction: And now I well perceive, they had good ground for it, who asserted this belief into the first Agreement of the people; namely,
That as the laws ought to be equall, so they must be good, and not evidently destructive to our liberties; and I wish that might be well considered in making of any Law: And likewise. That no Law might be concluded, before it be published for a competent time; that those who are so minded, might offer their reasons either for or against the same, as they see cause: But I forget my self, not considering that my proposing of this, will be a means to beget a dislike thereof, and may possibly work me some new aspersions.
I am said likewise to have worse opinions then this; whereof one is, That I hope to see this Nation governed by reason, and not by the sword.
Nay worse yet; That notwithstanding all our present distractions, there is a possibility upon a clear and free debate of things, to discover so equall, just and rationall Propositions, as should produce so contentfull satisfaction, and absolute peace, prosperity and rest to this Nation; as that there should be no fear of man, nor need of an Army; or at worst, but a very small one.
But if I should declare my mind in this more fully, it would, as other good motions and propositions of mine have done, beget me the opinion of a very dangerous man, and some new aspersion; there being some, whose interest must not suffer it to be believed.
And yet it may be true enough; for I could instance a Country, not so surrounded with Seas as ours is, nor so defensible from Enemies, but that is surrounded with potent Princes and States, and was as much distracted with divisions as ours at present is, yet by wisdom so order themselves, as that they keep up no Army, nor dread no war, but have set the native Militia in such a posture, as that all the Countries round about them dare not affront them with the least injury; or if they do, satisfaction being not made, upon demand, in 48 hours, a wel disciplin’d Army appears in Field to do themselves justice; it being a maxim and principle among them, to do no injury, nor to suffer any the least from Forraigners; as also, not to let passe, without severe exemplar punishment, the least corruption in publique Officers and Magistrates; without a due regard unto both which, it is impossible for any people to be long in safety; and to hold authority, or command beyond the time limited by law, or Commission amongst them, is a capitall offence, and never fails of punishment: So that this opinion of mine is not the lesse true because I hold it, but is of the number of those many usefull ones, that this present age is not so happy as to believe: Nor are we like to be happier, till we are wiser.
But as subject as some would make me to vain opinions, there is one that hath been creeping upon us about eight months, which yet gets no hold upon me; and that is. That the present power of the Sword may reign; from this ground, that the power which is uppermost is the power of God; and the power of the Sword being now (as some reason) above the civil Authority, it is therfore the power of God: But the greatest wonder in this, is, that some Anabaptists who are descended from a people so far from this opinion, that they abhorred the use of the sword, though in their own defence (to such extremities are people subject to, that think themselves to have all knowledge and religion in them, when in truth it is but imagination and Scripture). As for me, I am of neither of these opinions, but should be glad once-again to see the sword in its right place, in all senses; and the civil Authority to mind as well the essence as the punctilio’s and formalities, but neglecting neither; and that the People would be so far carefull of their own good, as to observe with a watchfull eie, the right ordering and disposing both of the civill and military power; we having no warrant to argue that to be of God, but what is justly derived, attained and used to honest means; the ends, I mean, of all Government, viz. the safety, peace, freedom and prosperity of the people governed; whereas otherwise. Tyrants, Theeves, out-laws, Pirats and Murtherers, by the same kind of arguing, may prove themselves to be of God; which in reall effect, perverts the whole supreme intent of Government, being constituted every where for the punishment and suppression of all evil and irregular men.
But why spend I my time thus, in clearing mens understandings, that so they might be able to preserve themselves from bondage and misery, being so ill requited for my labour? Nay that might have thanks, and other good things besides, if I would forbear? To which truly I have nothing to say, but that my conscience provokes and invites me to do what I do, and have done in all my motions for the Common-wealth; nor have I, I blesse God, any other reason; and which to me is irresistible; unlesse I should stifle the power of my conscience, which is the voyce of God in me, alwaies accusing or excusing me: So that whil’st I have opportunity, I shall endeavour to do good unto all men.
But I have other businesse now upon me, then ever I had, being now in prison, which (I praise God for it) I never was in my life before; where though I think I have as much comfort as another, yet it is not a place I like, and therfore am carefull how to become free as soon as I can, my restraint being very prejudiciall to me; especially considering how the corruptions of some false hearted people doth now break out against me, in renewed clamours and aspersions; which whil’st I labour to acquit my self of it, it proves to me like the laving of the ever-flowing Fountain of Slander; the invective brain of some resolved Politicians; for I see I must be asperst, till honesty gets the victory of policy, and true Religion over superstition; the one being the Inventer, and the other the Disperser, as the fore-going discourse will, I judge, sufficiently demonstrate: And therfore henceforth let men say and report what evil they will of me, I shall not after this regard it, nor trouble my self any more in this way of vindication, hoping to find some other way.
Only one aspersion remains, which I thought good to quit here; which is, that I am a Pentioner to some forraign State; which indeed is most false, and is invented for the end, as all the rest are, to make me odious: And truly if men were not grown past all shame, or care of what they said or heard of me, it would be impossible to get belief, for which way doth it appear? I think, nay am sure, that in my house no man (bred in that plenty I was) ever contented himself with lesse, which is easily known—and for the apparell of my self, my Wife and Children, if it exceed in any thing, it is in the plainesse, wherewith we are very well satisfied; and so in houshold stuff, and all other expenses; and for my charge upon publique, voluntary occasions, I rather merit a charitable construction from those I have accompanied with, then any thanks or praise for any extraordinary disbursments: and I am sure I go on foot many times from my house to Westminster, when as I see many inferiour to me in birth and breeding, only the favorites of the times, on their stately horses, and in their coaches; and when I have been amongst my Friends in the Army, as many times I have had occasion, I must ever acknowledge that I have received amongst them ten kindnesses for one; and yet (not to wrong my self) I think, nay am sure, there is not a man in the world that is of a more free or thankfull heart; and have nothing else to bear me up against what good and worthy men (whom I have seen in great necessities) might conjecture of me, when as I have administred nothing to relieve them—when was the time, and where the place, I gave dinners or suppers, or other gifts? For shame, thou black-mouth’d slander, hide thy head, till the light of these knowing times be out; all that thou canst do, is not sufficient to blast me amongst those with whom I converse, or who have experience of my constancy in affection & endeavour to the generall good of all men, but to thy greater torment & vexation, know this, they that entirely love me for the same, are exceedingly increased, and many whom thou hadst deceived, return daily, manifesting their greater love to me and the publique, as willing to recompence the losse of that time thou deceivedst them.
And this imprisonment, which thou hast procured me, for my greater and irrecoverable reproach amongst good men; thy poyson’d heart would burst to see how it hath wrought the contrary, so far, as I never had so clear a manifestation of love and approbation in my life, from sincere single-hearted people, as now to my exceeding joy I find.
And possibly for time to come, these notorious falshoods with which the slanderous tongue hath pursued me, may have the same effect upon these weak people thou makest thy instruments, which they have had upon me; and that is. That I am the most backward to receive a report concerning any mans reputation, to his prejudice, of any man in the world, and account it a basenesse to pry into mens actions, or to listen to mens discourses, or to report what I judge they would not have known, as not beseeming a man of good and honest breeding, or that understands what belongs to civil society.
But leaving these things, which I wish I had had no occasion to insist upon, it will concern me to consider the condition I am in; for though I know nothing of crime or guilt in my self, worthy my care, yet considering how, and in what an hostile manner I was sent for out of my bed and house, from my dear Wife and Children; the sense of that force and authors of my present imprisonment, shewing so little a sencibility or fellow-feeling of the evils that might follow upon me and them, by their so doing; it will not be a misse for me to view it in the worst cullers it can bear.
As for the booke called The second part of Englands new chaines discovered: for which Lieut. Col. John Lilburn, Mr Prince, Mr Overton and my self are all questioned: it concernes me nothing at all, farther then as the matter therein contained agreeth or disagreeth with my judgement; and my judgement will work on any thing I read in spight of my heart; I cannot judge what I please, but it will judge according to its owne perceverance.
And to speake my conscience, having read the same before the Declaration of Parliament was abroad; I must professe I did not discerne it to deserve a censure of those evils which that Declaration doth import, but rather conceived the maine scope and drift thereof tended to the avoiding of all those evils: and when I had seen and read the Declaration, I wished with all my heart, the Parliament had been pleased for satisfaction of all those their faithfull friends who were concerned therein, and of the whole Nation in generall: To have expresly applied each part of the book to each censure upon it, as to have shewed in what part it was false, scandalous, and reproachfull; in what seditious, and destructive to the present Government, especially since both Parliament and Army, and all wel affected people have approved of the way of settlement of our Government, by an Agreement of the People.
Also that they had pleased to have shewed what part, sentence or matter therein, tended to division and mutiny in the Army, and the raising of a new War in the Common-wealth: or wherein to hinder the relief of Ireland, and continuing of Free-quarter; for certainly it would conduce very much to a contentfull satisfaction, to deal gently with such as have been friends in all extremities; and in such cases as these to condescend to a fair correspondency, as being willing to give reasons in all things, to any part of the people; there being not the least or most inconsiderable part of men that deserve so much respect, as to have reason given them by those they trust, and not possitively to conclude any upon meere votes and resolutions: and in my poor opinion had this course been taken all along from the beginning of the Parliament to this day, many of the greatest evils that have befalne, had been avoided; the Land ere this time had been in a happy and prosperous condition.
There being nothing that maintaines love, unity and friendship in families; Societies, Citties, Countries, Authorities Nations; so much as a condescention to the giving, and hearing, and debating of reason.
And without this, what advantage is it for the people to be, and to be voted the Supreme power? it being impossible for all the people to meet together, to speak with, or debate things with their Representative; and then if no part be considerable but only the whole, or if any men shall be reckoned slightly of in respect of opinions, estates, poverty, cloathes; and then one sort shall either be heard before another: or none shall have reasons given them except they present things pleasing: the Supreme power, the People, is a pittifull mear helplesse thing; as under School-masters being in danger to be whipt and beaten in case they meddle in things without leave and licence from their Masters: and since our Government now inclines to a Commonwealth, ’twere good all imperiousnesse were laid aside, and all friendlinesse hereafter used towards the meanest of the people especially (if Government make any dissention at all.)
And truly I wish there had been no such imperious courses taken in apprehending of me, nor that I had been carried before the Councell of State; nor that the Declaration had been so suddenly and with such solemnity proclaimed upon our commitment, there being no harsh expression therein; but what through the accustomed transportation of mens spirits towards these that suffer, but is applied to us, so that we are lookt upon as guilty already of no lesse then Mutiny, Sedition, and Treason; of raising a new War, or hindering the relief of Ireland, and continuance of Free-quarter; insomuch as though now we shall be allowed a legall triall in the ordinary Courts of Justice: as certainly the times will afford us that, or farewell all our rights and liberty, so often protested and declared to be kept inviolable; and within these two years so largely promised to be restored and preserved: yet what Judge will not be terrified and preposest by such a charge laid upon us by so high an Authority, and attached by Soldiers, and sent Prisoners to the Tower: nay what Judge will not be prejudiced against us?
If they should be persons relating to the Army, we are represented as Mutineers: if to the present actings in Government, to such we are represented as seditious and destructive: if such as are sensible of the losse of Trade, who can be more distrustfull to them then those that are said to raise a new Warre: if any of them should be of those who are engaged in the affairs of Ireland, to these we are represented as hinderers of the relief of Ireland: and what punishment shall seeme too great for us, from such as have been tired and wasted with Freequarter? who are pointed out to be the continuers thereof: if any Jurymen should be of that sort of men who stile themselves of the seaven Churches of God, what equity are we like to finde from them who have already engaged against us, by their Pharisaicall Petition, for though they name us not, yet all their discourses point us out as the princiapall persons therein complained of; an ill requitall for our faithfull adherence unto them in the worst of times, and by whose endeavours under God they attained to that freedome they now enjoy; and can Churches prove unthankfull? nay watch a time when men are in prison to be so unthankfull as to oppose their enlargement? what to wound a man halfe dead by wounds? a Priest or Levite would have been ashamed of such unworthinesse: what, Christians that should be full of love, even to their enemies, to forget all humanity, and to be so dispightfull to frinds? alas, alas, for Churches that have such Pastors for their leaders; nay for Churches of God to owne such kind of un-Christian dealing: Churches of God, so their Petition denominates them; if the tree should be judged by his fruit, I know what I could say, but I am very loath to grive the spirits of any welmeaning people: and know there are whole societies of those that call themselves Churches, that abhor to be thought guilty of such unworthinesse; Mr Lamb a pastor at the Spittle, offering upon a free debate, to prove the presenters of the Petition guilty of injustice, arrogance, flattery, and cruelty: ye many members of these seven Churches, that have protested against it; and many more that condemn them for this their doing, to whom I wish so much happinesse as they will seriously consider how apt in things of this civil nature, these their Pastors have been to be mistaken, as they were when they misled them not very long since to Petition for a Personall Treaty, which I would never thus have mentioned but that they persist for by-ends, offices or the like (it may be) to obstruct all publick-good proceedings, and to maligne those, who without respect of persons or opinions, endeavour a common good to all men. And truly to be thus fore-laied; and as it were prejudg’d by Votes, and Declarations, and Proclamations of Parliament, under such hideous notions of sedition and Treason; apprehended in so formidable a way, and imprisoned in an extraordinary place, no Bayle being to be allowed: and after all these to be renounced and disclaimed by the open mouthes of the Pastors, and some members of seven Churches assuming the title of the Churches of God; are actions that may in one respect or other, worke a prejudicate opinion of us, in any jury that at this day may or can be found.
So as I cannot but exceedingly prefer the ordinary way of proceedings (as of right is due to every English-man) in Criminall cases by Justices of the Peace, which brings a man to a Triall in an ordinary way, without those affrightments and prejudgings which serve only to distract the understanding, and bias Justice, and to the hazarding of mens lives in an unreasonable manner, which is a consideration not unworthy the laying to heart of every particular person in this Nation; for what is done to us now, may be done to every person at any time at pleasure.
Neverthelesse, neither I nor my partners in suffering are any whit doubtfull of a full and clear Vindication, upon a legall triall; for in my observation of trials I have generally found, Juries and Jury-men to be full of conscience, care, and circumspection, and tendernesse in cases of life and death; and I have read very remarkable passages in our Histories; amongst which the Case and Triall of Throckmorton, in Queen Maries time is most remarkeable: the consciences of the Jury being proof against the opinion of the Judges, the rhetorick of the Councell who were great and Learned, nay against the threats of the Court, which then was absolute in power and tyranny, and quit the Gentleman, like true-hearted, wel-resolved English-men, that valued their consciences above their lives; and I cannot think but these times, will afford as much good conscience, as that time of grosse ignorance and superstition did: and the liberty of exception against so many persons returned for Jury-men, is so mighty a guard against partaking, that I cannot doubt the issue.
Besides since in Col. Martin’s Case, a worthy Member of Parliament, it is clear that Parliaments have been mistaken in such censures, as appears by his restauration, and razing all matters concerning his Sentence out of the House Book: And since the Parliament revoked their Declaration against the Souldiers Petitioning in the beginning of the year, 1647 as having been mistaken therein: since they have so often imprisoned Mr Lilburn my fellow Prisoner, and some others, and have after found themselves mistaken; yea since some of these Gentlemen who now approve of the way of an Agreement of the People, as the only way to give rest to the Nation; about a year since voted it destructive to Parliaments, and to the very being of all Governments, imprisoning divers for appearing in behalf thereof.
I am somewhat hopefull, that a Jury will not much be swaied by such their sudden proceedings towards us; as not perfectly knowing, but that they may also have been mistaken concerning us now; for it was never yet known, that Mr Lilburn, or I, or any of us, ever yet had a hand in any base, unworthy, dangerous businesse: though sometimes upon hasty apprehensions and jealousies of weak people, we have been so rendred: But (be this businesse what it wil) I do not know why I should be suspected in the least, and can never sufficiently wonder at this their dealing towards me.
And as for any great hurt the Pastors of the seven Churches are like to do, by their petitioning against us, though their intentions were very bad and vile, yet considering how few of their honest members approve thereof, and that the high esteem of the Church-way is a most worn out, being not made (as the Churches we reade of in Scriptures) of everlasting, but fading matter; as the Book, entituled. The vanity of the present Churches, doth fully demonstrate: a little consideration of these things by any Jury, will easily prevent the worst they intended: Wherein also, possibly, they may deserve some excuse, as being (probably) mis-led thereto by the same politique councels, as drew them in, to petition for a Personall Treaty: Such as these being fit instruments for Politicians; as in the former part of this Discourse is evinced.
But, be it as it may, if I be still thought so unworthy as to deserve a prosecution, a fair legall triall by twelve sworn men of the neighbourhood, in the ordinary Courts of Justice, is all I desire (as being even more willing to put myself upon my Country, then on the Court, or any the like Prerogative way) and have exceeding cause to rejoyce in the sincere affection of a multitude of Friends, who out of an assured confidence of our integrity, and sensible of the hard measure we have found, and of the prejudice our present imprisonment might bring upon us, did immediately bestir themselves, and presented a Petition for our present enlargement with a speedy legall triall: whose care and tender respects towards us, we shall ever thankfully acknowledge: But the seven Churches were got before them, and had so much respect, that our Friends found none at all; but what remedy but patience? all things have their season, and what one day denies, another gives.
And so I could willingly conclude, but that I shall stay a little to take in some more aspersions, which are brought in apace still, and I would willingly dispatch them.
I and my fellow prisoners are now abused, and that upon the Exchange, by the mouths of very godly people; so it must run. That say, all our bustlings are, because we are not put into some Offices of profit and Authority, and if we were once in power, we would be very Tyrants: But pray. Sirs, you that are at this loosenesse of conscience, why produce you not the Petitions we presented to your Patrons? Why tell you not the time and place, where we solicited for any advantage to our selves? But allow we had done so, with what faces can you reprove us? For shame pluck out the beams out of your own eies, you that have turned all things upside down for no other end, and run continually to and fro to furnish your selves and Friends, thrusting whole families out to seek their bread, to make room for you. And how appears it, that if we were in any power and Authority we would be very Tyrants? We never sought for any, and that’s some good sign; those who do, seldom using it to the good of the publique: And for ought is seen, we might have had a large share if we would have sought it; but account it a sure rule, that into Muse as they use: So generally true is it, that the Asperser is really guilty of what he forgeth against another: And that this may appear, let all impartiall people but look about them, and consider what and who they are, that seek most after offices and power, and how they use them when they have them; and then say, whether those that asperse us, or we who are aspersed, do most deserve this imputation.
Nay, we find by experience, that we are reproacht scarce by any, but such as are engaged in one kind of corrupt interest or other; either he hath two or three offices or trusts upon him, by which he is enriched and made powerfull; or he hath an office in the excise, or customs; or is of some monopolizing company; or interested in the corruption of the laws; or is an encloser of fens, or other commons; or hath charge of publique monies in his hands, for which he would not willingly be accomptable; or hath kept some trust, authority or command in hand longer then commission and time intended; or being in power, hath done something that cannot well be answered; or that hath money upon usury in the excise; or that makes title of tythes, and the like burthenous grievances; or else such as have changed their principles with their condition; and of pleaders for liberty of Conscience, whil’st they were under restraint, and now become persecutors, so soon as they are freed from disturbance; or some that have been projectors, still fearing an after-reckoning; or that have received gifts, or purchased the publique lands at undervalues.
And we heartily wish, that all ingenuous people would but enquire into the interest of every one they hear asperse us; the which if they clearly do, it’s ten to one the greatest number of them by far, will prove to belong to some of those corrupt interests forenamed; and we desire all men to mark this in all places: And the reason is evident, namely, because they are jealous (our hands being known to be clear from all those things) that by our, and our Friends means, in behalf of the common good, first or last, they shall be accomptable; and if those who hear any of these exclaiming against us would but tread, their corrupt interests a little upon the toe where the shoe pinches, they might soon have reason of them, and they will be glad to be silent: and this is a medicine for a foul mouth, I have often used very profitably.
And now comes one that tels me, it’s reported by a very godly man, that I am a man of a most dissolute life, it being common with me to play at Cards on the Lord’s day; there is indeed no end of lying and backbiting; nor shame in impudence, or such palpable impostors could never be beleived; and I am perswaded the Inventers would give a good deal of money I were indeed addicted to spend my time in gaming, drinking or loosnesse; from which I praise God, he hath alwaies preserved me, and hath so inclined my mind and disposition, as that it takes pleasure in nothing but what is truly good and virtuous; the most of my recreation being a good Book, or an honest and discoursing Friend: Other sports and pastimes that are lawfull and moderate, though I allow them well to yet I have used them as seldom my self as any man, I think, hath done: But I see, slander will have its course; and that a good conscience, and a corrupt interest can no more consist in one and the same person, then Christ and Belial.
And for a conclusion to all these scandals, it is imposed upon us, that we are an unquiet, unstaied people, that are not resolved what will satisfie us; that we know not where to end, or what to fix a bottom upon—and truly this hath been alwaies the very language of those, who would keep all power in their hands, and would never condescend to such an issue as could satisfie; such as would content themselves with the least measure of what might justly be called true freedom: But what sort of men ever offered at, or discovered so rationall a way for men to come to so sure a foundation for peace and freedom, as we have done and long insisted on, namely, by an Agreement of the People, and unto which we all stand: As for the way, and as to the matter, we have been long since satisfied in our selves, but our willingnesse to obtain the patronage of some thereto, instead of furtherance, procur’d its obstruction: Because we cannot submit to things unreasonable, and unsafe in an Agreement, shall any brand us, that we are restlesse, and have no bottom? Certainly it had been time enough for such an aspersion, if there had been a joynt and free consent to what was produc’t and insisted on by others.
For till a bargain be made, both parties are free, and may raise the price, as occasion invites; so hath it been in our case: At first, the little short Agreement was by us thought sufficient; and had that been establisht, we had rested there: but that being baffled, as the burnt Petition had procured that Agreement, so the baffling of that usher’d in, and occasioned the fulnesse, the largenesse of that Agreement which Mr Lilburn publisht: and if that had been assented to, and established, we had rested then; and untill after contract, all complaints are unjust; and now if the baffling of this last, thorow further observation and teachings of necessity; the next in motion should exceed both the former in clearnesse of freedom, and removall of all grievances: would it not rather be a good improvement of this time of suspension, then deserve the aspersion of unsetlednesse: We wish those that upbraid us of unsetlednesse, would settle according to promise; and if after, we content not our selves, and stand to what is setled, then, and not before, let us be thus asperst: God knows, how exceedingly we long to see this Nation out of danger, misery, and poverty it is like to run into through losse of trade, and by reason of the enmity continued amongst us, for want of such a settlement as we desire; and which are defects, if by some mens policies it had not been prevented, had been long since setled, as we verily believe, to the contentfull satisfaction of all sorts of people, and to the restoring of that peace, amity, love and friendship, which hath been too long absent from us; and untill which be restored, this Nation will never flourish with that plenty of trade and commerce, which alone can produce the happinesse and prosperity of this impoverished and wasted Nation.
Lastly (yet I am out of hope it will be the last, for I see no end of this ever-flowing fountain) I am accused to have said, I never would petition the Parliament, if I thought they would grant what I petitioned for; which, I professe, is most false and absurd; for I never had any hand in any Petition, but I desired with all my heart it might be granted; and am perswaded, if those I and my Friends have presented, had been granted, it had been much better with the Common-wealth then now it is; for we have been ever watchfull for the good of England, though now we are requited with a prison and aspersions for our labour: and if the present time should be so froward as to reject the light we bring, yet our comfort is, that our principles are of a growing nature, as having the power of truth in them: so that we cannot doubt, but England will be the better for our motions and endeavours to all generations.
I little thought when I began this work, that it would have drawn me out to such a length, much beyond my disposition; but if I can avoid it, I shall make amends, and never trouble the World any more in this kind: Nor had I done thus much, but that through my easily pierced sides, they wounded the cause, I shall promote whil’st I have breath; they wound the reputation of the Family whereof I am; and may too much wound with grief my dear and ancient Mother, whom I have the greatest cause to love; my Wife and Children also are deeply wounded in my reproaches, whom I value ten-fold above my life; and upon whom, whensoever I shall leave the world, I would leave no blemish: Nor should I, could my heart be truly understood; for how exceedingly short soever I may come of doing my duty in all cases, yet are my desires, inclinations, and intentions, as reall to the publique, as free from basenesse in my particular walkings and occasions; as the corrupt Fountain of Slander is full of malice, treachery and impudence.
Nor could I, as the case is now with me (this restraint being very much to my prejudice) bear up my spirit with that contentednesse, I bless God, I do; were it not for the integrity of my Conscience towards all men: And whereas long since I had concluded it for a most excellent truth, my experience now tels me, that affliction is ten thousand times better then sin; and that the innocent have more chearfulnesse in a Dungeon, then corrupt and wicked men have, though they are cloathed in Purple, and fare deliciously every day.
This Discourse being thus far furnished immediately after I came into prison, I did forbear to print it, because of its largenesse, far exceeding my inclination; and was much better satisfied to fall in with my partners in sufferings, in publishing our joynt manifestation of the 4th of April, 1649 wherein we conceived, we had given full satisfaction to all men, and stopt the mouth of slander it self; and after that, according to our promise therein, having upon the first of May, 1649. published an Agreement of the People, to take off that scandall then upon us, that we would rest or bottom no where: As my three partners did, so did I judge my writing work at end, as not knowing or conceiving that any thing remained in objection against me, that was not either expresly or impliedly cleared and resolved.
And thereupon began to take some more content, that I had not published this Discourse: When lo, on a sudden, just as I was to be made a close Prisoner, there belches out from the corrupt Fountain of Slander, such a foggy mist of lies, invectives and slanders, as would have choakt any but the spawn of envy and malice to have uttered them: But that venome which destroyes men, I see, is the life-bloud of such ingratefull serpents, as now for former kindnesses, watch this time of my affliction, to choak me with their pestilentiall breath.
But, I blesse God, I am proof against it, I have a certain antidote they are not acquainted withall, that published Walwyn’s Wyles; it’s called, a good Conscience; which tels me, if that Book had been named by its true Father, and Father of lies, it would have been entituled (for he sometimes speaks truth) Lies of Walwyn: But it finds nothing in me, whereof to condemn my self; and why then I should take so much pains as to answer them, I cannot yet resolve: especially considering my causlesse close imprisonment, hath somewhat weakned me: and possibly, being so fully known as I am, and being now thus restrained, some may wish me so well, as to write in my vindication; if not, possibly I may do it my self.
In the mean time, the ingenuous Reader of this will be indifferently well prepared to a right understanding, whence all this filthy matter proceedeth; it being evident by what hath been written, that the Politicians of this world are Satan’s chief Agents, by whom all discords and dissentions amongst men are begot and nourished: and that the Politicians chief Agent is his tongue, wherewith in an evil sense, and to an evil end, he speaks to every man in his own language, applies himself to every man’s corrupt humour and interest, by it he becomes all things to all men, that by all means he might deceive some.
And whom by flattery and delusion he gains not, by slander he labours to destroy; his brain is the forge of mischief, the Fountain of Slander, and his tongue set on fire of hel (as Saint James speaks)
Yet his words are cool as the dew, smooth as oyl, and sweet as the purest honey, weeps and kils, smiles and stobs, praieth, fasteth, and sometimes preacheth to betray, shrouds himself under the finest cloak of Religion, takes on him the most zealous form of godlinesse, and in this shape securely casts his nets to catch plain-meaning people.
Such as himself are his associates; for without confederacy, much cannot be effected; and superstitious people, and their Idolaters, upon whose ignorant zeal they work, and by whom (as by men religious, not prophane) they disperse and send abroad their reproaches and slanders without suspicion.
Yet as godly as they appear, and as close as they keep, if you but once take the boldnesse to suspect them, they are discovered; for as their Father is said not to be able to hide his cloven foot, so neither can these hide their double dealing: do but never so little watch them, and you shall find they are made up of Contradictions:
Very Religious in shew, but very covetous in deed, given to usury and oppressive gain, can possesse the worlds goods in abundance, yet suffer their Brethren to lack necessaries, yea, to lie and starve in prisons through penury and hunger: they can be clothed, as in purple, and fare deliciously every day, but poor Joseph’s and Lazarus’s tears and cries are despised by them: Seemingly humble, but upon advantage, none more violent, imperious, inhumane or bloud-thirsty then they: obstructers of justice, and all good things, neither doing it themselves, nor permitting others.
In a word, observe them well, and you shall see Christ and Belial, God and Mammon in one and the same person; Christ in shew, the other in reality:—Men they are, that have no ties or bonds upon them, letting themselves loose to lying, dissimulation, slandering, backbiting, and all kinds of circumvention; God, Conscience, Religion, Reason, Virtue, are but meer tearms and notions in them, serving them to no other purpose, but to deceive the more effectually: And to speak them all at once, they are the most ingratefull men in the world.
Their principall work is to make proselytes, to corrupt the best parted, and most able Wits to take part with them; shewing them all the glories of the world, if they will fall down and worship them; and if they can but get them to embrace any corrupt way of living, or but plant them in any corrupt interest, they are theirs for ever, and must not stop at any wickednesse, baits which have taken too many precious spirits in these warping times.
And if this Discourse of mine serve but somewhat to warn all wellmeaning people, so as to beware of this kind of men, or rather Monsters; I shall have the utmost benefit I expect therein; praying God to blesse all my weak indeavours and sufferings to the information of men, and good of the Nation.
The Printer to the Reader
Mend the Printer’s faults, as thou doest them espy, For the Author lies in Gaol, but knows not why.
T.197 (6.16) John Lilburne, The Legall Fundamentall Liberties of the People of England Revived, Asserted, and Vindicated (8 June 1649).↩
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ID NumberT.197 [1649.06.08] (6.16) John Lilburne, The Legall Fundamentall Liberties of the People of England Revived, Asserted, and Vindicated (8 June 1649).
Full titleJohn Lilburne, The Legall Fundamentall Liberties of the People of England Revived, Asserted, and Vindicated. Or, An Epistle written the eighth day of June 1649, by lieut. Colonel John Lilburn (Arbitrary and Aristocratical prisoner in the Tower of London) to Mr. William Lenthall Speaker to the remainder of those few knights, Citizens, and burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster (as most fit for his and his Masters designes, to serve their ambitious and tyrannical ends, to destroy the good old Laws, Liberties and Customs of England, the badges of our freedom (as the Declaration against the King, of the 17 of March 1648, pag. 23. calls them) and by force of arms to rob the people of their lives, estates and properties, and subject them to perfect vassalage and slavery, as he cleerly evinceth in his present Case etc. they have done) who (and in truth no other-wise) pretendedly stile themselves (the Conservators of the peace of England, or) the Parliament of England, intrusted and authorised by the consent of all the people thereof, whose Representatives by election (in the Declaration last mentioned, pag. 27. they say) they are; although they are never able to produce one bit of a Law, or any piece of a Commission to prove, that all the people of England, or one quarter, tenth, hundred, or thousand part of them authorised Thomas pride, with his Regiment of Souldiers, to chuse them a Parliament, as indeed he hath de facto done by this pretended mock Parliament: And therefore it cannot properly be called the Nations or Peoples Parliament, but Col Pride’s and his associates, whose really it is; who, although they have beheaded the King for a Tyrant, yet walk in his oppressingest steps, if not worse and higher.
John 7. 51. Doth our Law judge any man, before it hear him and know what he doth?
Acts 24. 23. And he commanded a Centurion to keep Paul and to let him have liberty, and that he should forbid none of his acquaintance to minister, or come unto him, (although in ver. 5. he was accused for a most pestilent fellow, and a mover of sedition throughout all the world.)
Acts 25. 27. For it seemeth to me unreasonable (saith the heathen Judge) to send a prisoner, and not withall to signifie the crimes laid against him.
Acts 28. 30. And Paul (in his imprisonment at Rome under the heathen persecutors) dwelt two whole years in his own hired house, and received all that came in unto him.
London, Printed in the grand yeer of hypocriticall and abominable dissimulation. 1649.
The Tract contains the following parts:
- Introduction
- The Plea it self
- (Other material)
- The Act Anno XVII Caroli Regis
- (other material)
- The printer to the Reader
Estimated date of publication
8 June 1649.
Thomason Tracts Catalog informationTT1, p. 749; Thomason E. 560. (14.) (2nd. ed.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
FOr distinction-sake, I will yet stile you Mr. Speaker, although it be but to Col. Pride’s Junto or Parliament, sitting at Westminster, (not the Nation’s, for they never gave him Authority to issue out Writs, elect or constitute a Parliament for them) and you being their mouth, I could not think of any man to whom I could better direct my Lines at present to, (in my great Oppressions by You, and your Lord and Master Cromvvel] then your self: And therefore cannot now chuse but put you in minde, That the 4th. April, 1648. when I was like unjustly to be destroyed by Mr. Oliver Cromwell in my late unjust and tyrannicall Imprisonment in the Tower; I writ you a large Epistle, and stiled it in print, The prisoners Plea for a Habeas corpus; in the 9, 10, 11, 12, 13 pages of which, I positively accuse Mr. Oliver Cromwell for a wilfull murderer, and desire you there to acquaint your House therewith (who then had some little face of a Parliament stamp upon it) and, That I would engage upon my life to prove him to be so by Law: You your selves in your Declaration of the 4th. March, 1647. in answer to the Scotch-Commissioners Papers Declare p. 5. 16. that the subduing the enemies forces in the Nation, (which then were, as you there say, wholly subdued & suppressed) though the Parliament keep up an Army, in a time of peace, when all the ordinary Courts of Justice were open, where only and alone, all Law and Justice ought to be dispensed to all Englishmen in all cases whatsoever, yea, even to Soldiers as well as others; as in the aforesaid pages, and in Mr. Overtons and My printed Epistle to the Generall (in Mr. Lockiers behalf) of the 27 April, 1649. is by Law undeniably proved; which Epistle you may read at the last end of the second Edition of my Picture of the Councell of State: And yet about or upon the 15 Nov. 1647. near Ware in Hertford-shire, He, &c. wilfully and offer-malice murdered Rich. Arnell, a freeborn Englishman; and so shed the bloud of War in the time of Peace, which was Joabs case in reference to Abner and Amasa, 2 Sam. 3. 27. and 20. 10. of whom when David delivered his charge to his son Solomon, he saith thus, Moreover, thou knowest also what Joab the son of Zerviah did to me, and what he did to the two Captains of the host of Israel, unto Abner the son of Ner, and unto Amasa the son of Jether, whom he slew, and shed the blood of war in peace, and put the blood of war upon his girdle that was about his loins; and in his shoos that were on his feet: Doe therefore (saith he) according to thy wisdom, and let not his hoary head goe down to the grave in peace, 1. Kings 2. 5. 6. which charge he accordingly performed; and so delivered himself and his Fathers house from the guilt of innocent blood, ver. 29, 30, 31, 32, 33. And you may also remember that upon the 19 of Jan. 1647. at your Barr I openly delivered a formal charge or impeachment of high Treason (according to your own Ordinances) against the foresaid Mr. Oliver Cromwell, and his subtil machevilian son-in-Law Mr. Henry Ireton, for their notorious doing that in reference to the King; for but the petty acting of which in comparison to theirs, they impeached Mr. Denzill Hollis, Sir Philip Stapleton, &c. of high Treason, (as appeareth in their own Book of Declarations, pag. 81, 82. Article 2 & 3.) and forcibly expunged them your House as Traytors therefore.
And in the foresaid pages of my plea for a Habeas Corpus, I truly acquaint you with the plot and design, Master Cromwell laid to take away my life, for but a little opposition to the King, whose professed and avowed proctors he and his son in Law Ireton were at that time, both openly in your House, and in the Generall Councell at Putney, nay and gave him leave to peruse and correct with his own hands their Proposals and Declarations before they published them. And yet, when the King would be no longer subservient to Oliver and his band of Tigers, they as the principall instruments caused his head to be chopt off as a Traytor and Tyrant for exercising, (as in the Declaration of 17 of March 1648. against him they declare) opression, and arbitrary power against Law, overthrowing the annuall constitution of Parliaments, imprisoning and presecuting of men, for opposing his unlawfull will, for setting up multitudes of projects and monopolize against Law, and so breaking that most excellent Law, the Petition of Right (as they call it there page 7) for endeavouring to bring in the Germain Horse to awe us into slavery and bondage, and by private solicitations, promises of rewards, and threats from him unto the Judges of Law, to cause them to do his will rather then equall Right, and to break his and their own Oaths, for the oppressions of the Councell Table, Star-Chamber, High-Commission, &c. for protecting Delinquents from Justice, for giving profuse donations of yearly salleries and pensions, to such as were found or would be made fit instruments or promoters of tyranny, protecting his own and the Lords servants from arrests and processe of Law, his breach of faith, of oaths, protestations and declarations; unto act which offences were joyned (say you in your said Declaration against him of the 17 of March 1648 pag. 15.) all along a strange obstinacy and implacablenesse, and uncessant labour for the destruction of his people; which (with the unerring truth wherein is no dispensation for Kings) and say I for Parliament-men neither) that no satisfaction shal be taken for the life of a murtherer, but he shall surely be put to death; and that the land cannot be clensed of the bloud that is shed therein, but by the bloud of him that shed it) brought on and effected the worke of Justice upon him.
Of all which crimes and charges, and all your others against the King contained in your foresaid Declaration, I know not three of them, but Cromwell and his Confederates in your pretended House and Army, are as guilty of the like in kind, though under a new name and notion, as the King was of the forementioned (if not more guilty, in that they have so often and largly promised ease and redresse in the same things; encouraged and engaged the people to pour out their monies, and their blouds for seven or eight years together for that very end and no other) and in that they doe the very same things as is obvious and cleer to every rationall and unbiased eye in the whole Nation, and which in a good measure may be evinced in my own particular case, which is my intended task at this time to make appear.
But to save my self a new labour of writing things twise over, I shall here insert my Plea (yet never visible to the People of England) against the late House of Lords, and Wollaston their Gaoler of Newgate, which I prepared for (and carried to) the Committee of Indemnity the 20 of June 1648. Where the Lord Munson had the Chair, (in regard the greatest part of it is almost as pertinent to my present businesse as if it had been purposely framed for it) for the effecting of which I shall (in truth) endeavour without welt or guard) as well as God and those abilities he hath given me, will enable me to state in fact, law, your own Declarations and the Armies, your dealings with me at present; which that I may the better do, I shall here insert my said Plea to the Committee of Indemnitie first, and then unto it, add or joyn what I have besides at present to say for my self and my instant sufferings, but in the first place the plea it self thus followeth.
The PLEA it self thus followeth.
I Was commanded by you, upon Tuesday the 13 day of this present June 1648, to bring in an Answer this day to the Petition and complaint of Henry Wollastone Kepeer of the prison of Newgate, in which Petition he complains that I have brought an action at the common Law against him, for detaining me in safe custody according to his duty, by vertue of a Warrant from the House of Lords; and therefore prayes indemnity for his acting therein in obedience to the Authority of Parliament, and his trebble damages, and that at common Law there may be no further proceedings in the said Action. And being demanded by the then Chairman of this Committee whether I had caused such an Action to be commenced, yea or no, I positively declared, I had, and that I had very good ground in Law so to do, considering that the Law of England (which is my Birth-right and Inheritance) requires, That I shall not be deprived of my Liberty but by due processe of Law, according to the Laws of the Land; and that if any shall detain my body in prison without legall Authority, he is liable in Law to make me satisfaction therefore: but Mr. Wollastone had kept me in prison divers weeks by vertue of a pretended Warrant of the single House of Lords, who in Law, I will maintain it, have not the least power in the World to commit my body to prison: yet they did (upon the tenth day of June 1646, laying no crime to my charge) command me to be kept for all my short eternity in this world; for the Warrant is, during their pleasures: and then by another illegall Warrant, within fourteen dayes after, dated the 23 of June 1646, they (for no cause in the world) commit me close prisoner, and command that I be not permitted to have pen, ink nor paper, and that none shall have accesse unto me in any kinde, but onely my Keeper, untill the Lords otherwise please. Which most illegall Warrant Mr. Wollastone executed upon me with a great deal of severitie and barbarism, not permitting my Wife to come into the prison yard to speak with me at a distance out of my grates, nor suffering me to receive either meat, drink, or money, or any other necessaries from the hands of my Wife, servant, or friends, nor suffering me to see their faces when they sent me in my diet: All which usages are against the Laws and Statutes of this Kingdom: and therefore I have cause and ground enough in Law, to seek for my remedy in Law against the said Mr. Wollastone; and I hope the Members of this Committee have taken too many Oaths to maintain the fundamentall Laws of the Land, and the Liberties of the People, then now to go about to deprive me of the benefit of them.
It is true, you sit here by vertue of an Ordinance of both Houses, to indemnifie all those that have acted or done, or commanded to be acted or done, any thing by sea or land, by the Authority, or for the service or benefit of this present Parliament: But under the favour of this Committee, I do conceive, That the said Ordinance, which is your Commission, doth not in the least authorise you to meddle with my present case; forasmuch as I do not prosecute Mr. Wollastone for actions done by the Command and Authority of Parliament, but for actions done directly against their Authority publickly declared in the Laws of the Kingdom, and their own Declarations: and I hope this Committee will not so much undervalue their own House, as to adjudge the House of Lords singly to be the Parliament of England, nor their single Order to be the Parliaments Authority of England: and if not, then I cleerly conceive, that upon your own principles, you have nothing to do with my business before you; neither can I conceive, that you can in the least judge Mr. Wollaston’s illegal and barbarous actions done upon me, to be for the service and benefit of the Parliament, but rather the quite contrary, by rendering them odious and abominable in the eyes of the people, if they shall patronize such tyrannicall doings, after they have taken so many Oathes to maintain the Laws and Liberties of the Kingdom, and caused so much English bloud to be shed pretendedly therefore.
Whereupon, after a little debate amongst the members of this Committee by themselves, my L. Munson the Chairman thereof was pleased to tell me, that the business was weighty, and did concern the Priviledges of the Lords House; and therefore they judged it convenient to put it off till this day, and to acquaint the Lords with it, that so, if they pleased, some of them might here be present: and you also ordered me to fit my self with a formall Answer to the Petition, which accordingly I have done, and with the favour of this Committee, giving me free leave to speak, I am ready to deliver unto you, and do deliver it unto you thus.
My Lord, I read in the Statutes of 4. Edw. 3. ch. 4. and 36. Edw. 3 ch. 10. and in the tyrannical Act made this Parliament 16 C. R. and in the 4 part Cooks Instit. fol. 9. 11. 37. 38. 39. 41. 42. and 1 part Book Decl. pag. 701, 702, that Parliaments are principally called for the maintenance of the Laws, and for the redresse of divers mischiefs and grievances that daily happen; and sutable to this are the ends contained in the Writs that summon them, and the intentions of those that chuse the Members and send them.
And if Parliaments be principally called for the maintenance of the Laws, and redresse of mischiefs and grievances, then not for the destruction of the Laws, nor for the increase of mischiefs and grievances. And therefore when this present Parliament in the dayes of their virginity and primitive puritie, in their Actions, Declarations, and Remonstrances expressed much zeal, for accomplishing of those ends for which they were trusted in providing for the safety of the Kingdom, and peace of the people, which you call God to witness is your only aime, protesting in the presence of the all seeing deity, that the foresaid ends is the only end of all your counsels and indeavours, wherein you are resolved to continue freed, and inlarged from all private aims, personall respects or passions whatsoever, and persevere in the vigorous indevoring to preserve the Laws and Liberties of this Land, though you should perish in the work,* calling upon God, that sees your innocency; and that you have no aims but at his glory & the publick good for protection in your straits; I say yet notwitstanding all this, the King to make you odious, and to be deserted of the people, in several of his Declarations Declares that all these were but guilded dissimulations, it being your reall intentions to destroy Liberty and property, meum and tuum, and to subvert the Lawes and introduce new forms of arbitrary government, and to introduce Anarchy, a paritic and confuon by levelling of all degrees & conditions, and to monopolise into your hands all the rich and great places in the Kingdom, for your own particular advantage and profit; and to get such a power into your hands, as thereby to enable you inevitably to destroy all that opposed you; and that the maintenance and advancement of Religion, Justice, Liberty, Propertie, and peace, are really but your stalking horses, and neither the grounds of the war, nor of your demands; and that for all your fair pretences to the people, you will extirpate the Law, root, and branch, alter the whole frame of Government, and leave not any thing like Law, Liberty or Property, introduce Democracy and Parity, and leave nether King, nor Gentlemen; and so the people will too late discover all this to their costs, that they have undone themselves with too much discretion, and obtained nothing by their compliance with you, and adherence to you, but to be destroyed last, 1 part Book Declar. pag. 284, 285, 298, 316, 320, 334, 378, 514, 515, 520, 521, 530, 539, 543, 550, 558. 2 Part, pag. 100, 102, 112, 113, 117. In answer unto all which, to disprove what he saith, and keep up your reputations amongst the people for a company of honest men, that really sought their good, and always intended to be as good as their words, promises, and engagements in your declarations of the 19 of May 1642. 1 Part, Book Decl. Pag 207. you repeat your votes, against which the King excepts, the weight of which lieth in these words: That the Kingdom hath been of late, and still is in so eminent danger, both from enemies abroad, and a popish discontented party at home; that there is an urgent and an inevitable necessity, for puting the Kingdom into a posture of defence, for the safegard thereof; and that in this case of extreme danger, and his Majesties refusall, the Ordinance of Parliament agreed upon by both Houses for the Militia, doth oblige the people, and ought to be obeyed, by the fundamentall Lawes of this Kingdom. By all which (say you) it doth appear, That there is no colour of this tax, that we go about to introduce a new Law; much less to exercise an Arbitrary power, but indeed to prevent it; for this Law (say you) is as old as the Kingdom, That the Kingdom must not be without a means to preserve it self: and in the conclusion of the same Decl. Pag. 214. speaking of the many difficulties you grapple with, the many hazards you undergo in your places, you conclude thus, yet we doubt not but we shall overcome all this at last, if the people suffer not themselves to be deluded with false and specious shewes, and so drawn to betray us to their own undoing, who have ever been willing to hazard the undoing of our selves, that they might not be betrayed by our neglect of the trust reposed in us; but if it were possible the Kings party should prevail, herein yet (say you) we would not fail, through Gods grace still to persist in our duties, and to look beyond our own lives, estates and advantages, as those who think nothing worth the enjoying without the libertie, peace, and safety of the Kingdom; not any thing too good to be hazarded in discharge of our consciences, for the obtaining of it; and shall always repose our selves upon the protection of the Almighty, which we are confident shall never be wanting to us (while we seck his glory.) And in your Declaration of the 26 of May 1642, which is an answer to the Kings Declaration of the 4 of May, about the business of Hull, in the 1 Part Decl. pag. 263. speaking of the new engine of the Malignant party about the King, to beget and increase distrust, and disaffection between the King, the Parliament, and the People; We cannot (say you) be so much wanting to our own innocency, or to the duty of our trust, as not to clear our selves from those false aspersions, and (which is our chiefest care) to disabuse the peoples minds, and open their eyes that under the false shews and pretexts of the Laws of the Land, (frequently interwoven in his Majesties foresaid Declaration) and of their own Rights and Liberties; they may not be carried into the road-way that leadeth to the utter ruine and subversion thereof, and to destroy them both with their own hands, by taking their Lives, Liberties, and Estates out of their hands whom they have chosen and entrusted therewith, and resigning them up unto some evil Counsellors about his Majestie, who can lay no other foundation of their own greatness, but upon the ruine of this Parliament; and in it of all other Parliaments, and in them of the freedom of this Nation: And these are the men that would perswade the people that both Houses of Parliament containing all the Peers, & representing all the Commons of England, would destroy the Lawes of the Land, and Liberties of the Peoples wherein besides the trust of the whole, they themselves in their own particulars have so great an interest of honour and estate, that we hope it will gain little credit with any that have the least use of reason, that such as must have so great a share in the misery, should take so much paines in the procuring thereof, and spend so much time and run so many hazards to make themselves slaves, and to destroy the property of their estates. But remarkable are your words in the same Declaration pag. 267. where you say, You have given no occasion to his Majestie to declare his resolution with so much earnestness, that he will not suffer either or both Houses by their votes without or against his consent to injoyn any thing that is forbidden by the Law, or to forbid any thing that is injoyned by the Law; for our votes (say you) have done no such thing, and as we shall be very tender of the Law (which we acknowledge to be the safegard and custody of all publick and private interests, &c.) And in the same declaration having argued it soundly against the King, for the calumniations and aspersions cast upon you as you are pleased to call them in; p. 270. you have these words, All this considered, we cannot but wonder, that the contrivers of the aforesaid message, should conceive the people of this land to be so void of common-sence, as to enter into so deep a mistrust of those that they have, and his Majestie ought to repose so great a trust in, as to dispair of any security in their private estates, by dissents, purchases, assurances, or conveyances, unless his Majestie should by his vote, prevent the prejudice they might receive therein by the votes of both Houses of Parliament, as if they who are especially chosen and intrusted for that purpose, and who themselves must needs have so great a share in all grievances of the Subject, had wholy cast off the care of the Subjects good, and his Majestie had soly taken it up.
And in your most notablest of Declarations, made about Agust 1642. 1 Part Book Decl. pag. 491. wherein you indeavour to give an account to the world of the justice of your proceedings, in being necessitated to take up armes against his Majesty, who you say was then in armes against you and the Kingdom, for the suppression of the Lawes and Liberties thereof; which you say every honest man is bound to defend, especially those that have taken the late Protestation, in which Declaration you declare, that the long designe which hath been carried on to alter the frame and constitution of the Government of the Kingdom, from Law and Liberty, to slavery and vassaladge, is now come to ripeness; there you go on to declare an Epitome of the Kings dealings with the Kingdom before this Parliament; in which time you say the Lawes were no defence nor protection of any mans right; all was subject to will and power, which imposed what payment they thought fit, to drain the Subjects purse of, and supply those necessities which ill councels had brought upon the King, or gratifie such as were instruments in promoting those illegall and oppresive courses. They who yeelded and complyed, were countenanced and advanced, all others disgraced and kept under, that so mens mindes made poor and base, and their Liberties lost and gone, they might be ready to let go their Religion, whensoever they should be resolved to alter it; and then ennumerate divers strange actions of his done to the Kingdom since this Parliament; and in pag. 494. you declare, that after his ill councel had got him from the Parliament, then they doe work upon him and upon the Queen, and perswade her to retire out of the Kingdom, and carry him further and further from the Parliament, and so possess him with a hatred of it, that they cannot put words bitter enough into his mouth, to express upon all occasions; they make him cross oppose and envy upon all the proceedings of Parliament, incourage and protect all those that will affront it, take away all power and authority from it to make it contemptible, and of less esteem then the meanest Court, draw away the members, commanding them to come to him to York, and insteed of discharging their duty in the service of the Parliament, to contribute their advice, and assistance to the destruction of it, indeavouring an arbitrary Government, a thing (say you) which every honest Morall man abhors; much more the Wisdom, Justice, and Piety of the two House, of Parliament; and in truth such a charge as no rational man can beleeve it, it being unpossible so many several persons as the Houses of, Parliament consist of about 600; and in either House all of equall power, should all of them, or at least the major part, agree in Acts of Will and Tyranny, which makes up an arbitrary Government; and most improbable that the Nobility and chief Gentry of this Kingdom, should conspire to take away the Law by which they injoy their estates, are protected from any act of violence and power, and differenced from the meanest fort of people, with whom otherwise they would be but fellow servants; so having given an answer to his charges laid upon you in pag. 496. you vehemently presse the people to come in to the help of the Parliament (against the Kings forces) And save themselves their Laws and Liberties, and though both they and we (say you) must perish, yet have we discharged our consciences, and delivered our soules, and will look for a reward in heaven; should we be so ill required upon earth, as to be deserted by the people, whom in the next page you tell, nothing will satisfie the King and those evill men with him, but the destruction of this Parliament, and to be Masters of Religion and Liberties, to make us Slaves, and alter the Government of this Kindom, and reduce it to the condition of some other Countryes which are not governed by Parliaments, and so by Laws, but by the will of the Prince, or rather of those who are about him; And therfore in the zeal of your Spirits, you declare your resolved resolutions to continue firme to maintain the Laws and Liberties of your Country, according to your duty; saying, Woe be to us if we do it not, at least doe our utmost endeavours for the discharge of our duties, and the saving of our souls, and leave the successe to God Almighty; and you conclude with these words; and therefore we do here require all who have any sence of piety, honour, or compassion, to help a distressed State, and to come in to our aid and assistance.
And in your reply to the Kings Answer of yours, of 26 May 1642. 1 part Book Declar. pag. 693. you declare with indignation your abhorrance of the Kings charging you by your votes to dispose of the peoples lives, liberties and estates, contrary to the Law of the Land, & throw back the Charge upon himself and those that are about him. And in the next page you say thus, and for that concerning our inclination to be slaves, it is affirmed, that his Majestie said nothing that might imply any such inclination in us, but sure, what ever be our inclination, slavery would be our condition, if we should go about to overthrow the Laws of the Land, and the propriety of every mans estate, and the liberty of his person; for therein we must needs be as much Patients as Agents, and must every one in his turn suffer our selves, what ever we should impose upon others as in nothing we have laid upon others we haue ever refused to do or suffer our selves, and that in a high proportion. And then when you come in the next page to speake of the Kings, charging of you that you afect to be Tyrants, because you will admit no rule to Govern by but your own wills, yea worse then those thirty most perfect Tyrants of Athens, spoken of by Sir Walter Rawley in his third Book of the History of the world, Chap. 9. Sect. 2. you abhor the charge with the height of detestation, and therefore in the next page unto it, being page 696 you say We do still acknowledg that it were a very great crime in us, if we had or should do any thing whereby the title and interest of all the Subjects to their lands were destroyed; which I say of necessitie must be, if they be deprived of the benefit of the Law, which is all I crave at your hands, and which I hope you will not deny me; especially considering in your Declaration of the 10 of June 1642, 1 par. Book Decla. pag. 342, for bringing in mony and plate, you positively declare, that whatsoever is brought in, shall not at all be imployed about any other occasion, then to the purposes aforesaid, which amongst others, are principally for destroying Tyranny, maintaining of Liberty and Propriety, the free Course of Justice according to the known Laws of the Land; but Propriety cannot be maintained, if Liberty be destroyed; for the Liberty of my Person is more neerer to me then my Propriety, or goods; and he that contrary to Law and Justice, robs or deprives me of the Liberty of my Person, the nighest to me, may much more by the same reason, rob and deprive me at his will and pleasure of my goods and estate, the further of from me, and so Propriety is overthrowne and destroyed; and this if done avowedly by you, is distructive to your honours and engagements; yea, & in an absolute violation of all your Oaths and Promises; whereby you will be rendred, by your own actions, in the eyes of the people that trusted you, the basest and worst of men, fit for nothing but desertion, opposition and distruction; Again how can Law be maintained, when the free execution of Justice in the ordinary course thereof shall be hindered by you? which you in your Declaration 23 of October 1642. 1 par. Book. Declar. pag. 656) call the soule and life of all Laws, which ordinary course of Justice, you in your first Remonstrance page 7 call the common birth-right of the Subject of England; And therefore 1 par. Book Decl. pag. 660 you own it as your duty, to use the best of your endeavours that the meanest of the Commonalty may enjoy their own birth-right, freedom and liberty of the Lawes of the Land, being equally intitled thereunto with the greatest subject; and if so? how can you in justice and honour or conscience, deprive and ebereave me of my birth right? the benefit of the Law of the Land, in the ordinary course of Justice in the Judicatures thereof? who have done no actrons either by Sea or Land, but what doth become an honest, true-bred Englishman and constantly in the midst of many deaths, maintaining the Laws and Liberties of my Native Country, which actions are consonant to the Authority of Parliament, and for the service and benefit thereof; and therfore I ought not to be molested and troubled therefore; especially by you, who in your Declarations in the case of the Five Members, declare 1 par. Boo. Decl. pa. 39. you are very sensible that it equally imports you; aswell to see Justice done against them that are criminous, as to defend the just rights and Liberties of the Subjects and Parliament of England; but if you shall stop my proceedings at Common Law against Master Wollaston the Jaylour of Newgate, for keeping me there against Law by the Lords Order, You are so far from punishing the criminous, that you justifie the wicked, and condemn the righteous, break all your Oaths, Protestations and Covenants, that you have taken to maintain the Laws and Liberties of the Kingdom, and dissolve the whole frame and constitution of the Civill Policy and Government of this Kingdom into the originall Law of Nature, which crime you taxe the King with, 1 par. Book. Decl. pag. 690. yea, and thereby become destructive to the being of the Commonwealth, and the safety of the people, the preservation of which is the chief end of the Law, the institution of all Government, as you declare in your Declarations of the 6 of May 1643 & 17 April 1647. 2 part. Book. Decla. fal. 95.879.
For the Illustration of which I desire to observe this Method.
First. I averre that the House of Lords have not the Least Jurisdiction in the world over me in the case in controversie betwixt us; and I am ready upon my life to make this good by the Laws of the Kingdom against all the Judges and Lawyers in England; but I conceive; I have already so fully done it in my three pleas against the Lords, that they are unanswerable, viz. First in my Plea before the Committee of the House of Commons, where Master Henry Martin had the Chaire 6 Novemb. 1646. And Secondly in my Plea the 20 of October 1647. before another Committee of the House of Commons, where M. Iohn Maynard had the Chaire; And Thirdly, in my Plea before the Judges of the Kings Bench, the 8 of May 1648. all three of which I desire to communicate unto your consideration.
And if the Lords by Law have no originall Jurisdiction over me, then no power to summon me, nor no power to try me nor commit me; Wherefore M. Wollaston by Law ought to have refused to have received my body, or detained it in prison, by vertue of their illegall warrant which being both illegall in the power that made it, & in the forme of drawing it up, he is liable to make me satisfaction in Law for executing it, which as present I illustrate out of your own Declarations, which are the most unanswerable arguments against you that I can use, Acts 17 28. Titus 1.12.
And first in your Declaration of the 17 of January 1641. 1 par. Book. Decl. pag. 38. 39. where speaking of the Five Members, you say his Majestie did issue forth severall warrants to divers Officers, under his own hand for the apprehension of the persons of the said Members, which by Law he cannot do, there being not all this time any legall charge or accusation, or due processe of Law issued against them, or any pretence of charge made known to the House of Commons; all which are against the Fundamentall Liberties of the Subjects, and the Rights of Parliament; Whereupon we are necessitated according to our duty to declare, That if any person shall arrest M. Hollis, Sir Arthur Haslerig, Master Pym, Master Hamden, Master Strode, or any of them, or any Member of Parliament, by pretence or colour of any warrant issuing out from the King onely, is guilty of the breach of the Liberty of the Subject, and of the Priviledges of Parliament, and 2. publick enemy to the Common-wealth; and that the arresting of the said Members, or any of them, or any Members of Parliament, by any Warrant whatsoever, without a legall proceeding against them, and without consent of that House, whereof such a person is a Member, is against the Libertie of the Subject, and a breach of Priviledge of Parliament: and the person which shall arrest any of these persons, or any other Member of the Parliament, is declared a publick enemy of the Common-wealth. Yea, and upon the 15 of January 1641, you voted and ordered a Charge to be brought in against Mr. Atturney General Herbert, to require of him satisfaction for his great injury and scandal that particularly he had done to the said Mr. Hollis, &c. and generally to the publick Justice of the Kingdom, in so illegally accusing the foresaid five Gentlemen, without due processe of Law, as appears in your first part Book Declarat. pag. 53. And therefore in your Petition of the 2 Feb. 1641. 1 part. Book Decl. 67. you tel the King, It is your duty to tell him of the injustice done unto the five Members, for impeaching them without due processe of Law, and to require reparations for them. And therefore in your second Petition of the same month, 1 part Book Decl. pag. 76. 77. you tell the King again, notwithstanding all your importunity, the said five Members and the Lord Kimbolton still lie under that heavie charge of Treason, to the exceeding prejudice not onely of themselves, but also of the whole Parliament. And whereas by the expresse Laws and Statutes of this Realm, that is to say, by two Acts of Parliament, the one made in the 37, and the other in the 38 year of the reign of your most noble Progenitor King Edward the 3 its said, If any person whatsoever make suggestion to the King himself of any fault committed by another, the same person ought to be sent with the suggestion before the Chancellor, or Keeper of the great Seal, Treasurer, and the great Councel, there to finde Surety to pursue his suggestion: which if he cannot prove, he is to be imprisoned till he hath satisfied the party accused of his dammages and slander, and made Fine and Ransom to the King: The benefit of these Laws you claim at the Kings hand, and there tell him, he ought not of right and justice to deny it to you. And also in 1 part Book Decl. pag. 101, speaking to the King, you say Your Majesty lays a generall tax upon us; if you will be graciously pleased to let us know the particulars, we shall give a cleer and satisfactory Answer: But what hope can we have of ever giving your Majestie satisfaction, when those particulars which you have been made beleeve were true, yet being produced and made known to us, appeared to be false? and your Majestie notwithstanding will neither punish, nor produce the Authors, but go on to contract new jealousies and fears, upon generall and uncertain grounds, affording us no means or possibilitie of particular answer, to the cleering of ourselves. For proof whereof we beseech your Majestie to consider,
The heavie charge and accusation of the Lord Kimbolton, and the five Members of the House of Commons, who refused no Triall or Examination which might stand with the Priviledge of Parliament: yet no Authors, no Witnesses produced, against whom they may have reparation for the great injury and infamy cast upon them, notwithstanding three severall Petitions of both Houses, and the Authority of two Acts of Parliament vouched in the last of those Petitions.
And in a fourth Petition about the same business, 1 part Book Decl. pag. 123. We beseech your Majesty (say you) to remember, that the Government of this Kingdom, as it was in a great part mannaged by your ministers before the beginning of this Parliament, consisted of many continued and multiplied acts of violation of Laws, the wounds whereof were scarcely healed, when the extremitie of all those violations was far exceeded by the late strange and unheard of breach of our Laws in the accusation of the Lord Kimbolton and the five Members of the Commons House, and in the proceedings thereupon; for which we have yet received no full satisfaction. And in your Declaration of the 19 of May 2642, 1. par. Book Dec. p 200. 201. you are very remarkable, and say, The accusation of the L. Kimbolton, and the 5 Members of the House of Comons, is called a breach of Priviledge; and truly so it was and a very high one, far above any satisfaction that hath yet been given: How can it be said to be largely satisfied, so long as his Majestie laboured to preserve his Atturney from punishment, who was the visible Actor in it? so long as his Majestie hath not onely justified him, but by his Letter declared, that it was his duty to accuse them, and that he would have punished him if he had not done it; so long as those members have not the means of cleering their innocency, and the authors of that malicious Charge undiscovered, though both Houses of Parliament have severall times petitioned his Majestie to discover them; and that not onely upon grounds of common Justice, but by Act of Parliament his Majestie is bound to do it; so long as the King refuseth to passe a Bill for their discharge, alledging, that the Narrative in that Bill is against his Honour; whereby he seems still to avow the matter of that false and scandalous Accusation, though he deserts the Prosecution, offering to passe a Bill for their acquital; yet with intimation, that they must desert the avowing their own innocency, which would more wound them in Honor, then secure them in Law.
And in vindication of this great Priviledge of Parliament, we do not know that we have invaded any Priviledge belonging to his Majesty, as is alledged in his Declaration.
But we look not upon this onely in the notion of a breach of Priviledge, which might be, though the Accusation were true or false; but under the notion of an hainous crime in the Attourney, and all other Subjects who had a hand in it, a crime against the Law of Nature, against the Rules of Justice, that innocent men should be charged with so great an offence as Treason, in the face of the highest Judicatory of the Kingdom, whereby their lives and estates, their bloud and honour are in danger, without witnesse, without evidence, without all possibility of reparation in a legall course; yet a crime of such a nature, that his Majesties Command can no more warrant, then it can any other act of injustice. It is true that those things which are evil in their own nature, such as a false testimony, or a false accusation, cannot be the subject of any Command, or induce any obligation of obedience upon any man, by any Authority whatsoever; therefore the Attourney in this case was bound to refuse to execute such a Command unlesse he had had some such evidence or testimony as might have warranted him against the parties, and be liable to make satisfaction if it should prove false. And further, to prove that they are liable to punishment, that puts in execution the Kings illegall Commands, is must excellently proved, and largely evident from your own words in 1 part Book Decl. pag. 259. 260. 276. 279. 280. 721. 722. 723. 727. 803. where you largely declare, that Alexander Archbishop of York, Robert de Veere Duke of Island, &c. were executed in Richard the Second’s time as Traytors, for putting in execution the commands of the King against the Law: and if they are punishable that execute the commands of the King the Primitive, against Law: then much more by Law is Mr. Wollaston punishable for executing the commands of the single House of Lords the Derivative, against Law: and if in my own defence, when I was in Mr. Wollaston’s custody, I had served him, for his actions done to me in pursuance of the Lords single illegall commands, as Simson of Northampton-shire did Johnson in the 42 of Elizabeth for his doing actions in pursuance of the Queens Letters Patents, contrary to Law, in endeavouring by a Warrant (flowing from the High-Commission, which was established by Act of Parliament, and had legall cognizance of any facts in Controversie grounded thereupon) to imprison his body: for doing of which, Simson (in his own defence, and his Liberties) slew the said Johnson: For which he was justified by the Judges of Assise, and all the Judges of England, as you may read in Sir Edward Cook 4. part Institutes, fol. 333. 334. and in my Plea before the Judges of the Kings Bench, called The Laws funerall, page 24. 25. I say in case I had in my own defence, and the defence of my legall Liberties stain Wollaston &c. for executing the Lords single illegall Orders upon me for any thing I can read in the Law, he had his mends in his own hands.
But to come more close upon your own principles, to prove that a single Order of the Lords cannot stand in competition with the Law, I do it, thus; In all your Declarations you declare, that binding and permanent Laws according to the Constitution of this Kingdom, are made by King, Lords, and Commons, and so is the opinion of Sir Ed. Cook, whose Books are published by your own Order, and who in the 2 part of his Institutes, fol. 48. 157 and 3 part fol. 22. and 4 part fol. 23. 25. 48. 292. saith that Act that is made by King and Lords, in Law binds not, nor by King and Commons binds not, or by Lords and Commons binds not in Law; if so, then much more invalid is the single Order of the Lords made against Law, and can indemnifie no man that acts by vertue of it, and your Ordinances made this Parliament in time of extream necessitie, during denounced Wars, are by your selves in abundance of your own Declarations, esteemed, adjudged, declared but temporary and invalid as durable Laws, which is evidently cleer out of the 1 par. Book Decl. p. 93. 102. 112. 142. 143. 150. 171. 173. 179. 207. 208. 267. 277. 303. 305. 382. 697. 705. 709. 727. your expressions in the last page are, we did and doe say that the Soveraign power doth reside in the King and both Houses of Parliament, and that his Majesties Negative voice doth not import a Liberty to deny things as he pleaseth, though never so requisite and necessary for the Kingdom, and yet we did not nor do say, that such bills as his Majestie is so bound both in Conscience and Justice to passe, shall notwithstanding be law without his consent, so far are we from taking away his Negative voice. And if such Ordinances and Bills as passe both Houses are not Lawes by your own Doctrine, without the Kings Consent; then, muchlesse can the Order of the single House of Lords be Lawes or supersedeas to the Lawes; And besides, when divers honest and well-affected. Citizens, it may be out of a sensible apprehension of the mischiefs that acrue to the Kingdom by having the Supream authority lodged in three distinct Estates, which many times so falls out, that when two Estates grant things essentially good for the wellfare of the Kingdom, the third Estate opposeth it, and will not passe it, which many times occasions war and bloud-shed, to the hazard of the being of the Kingdom; for the preventing of which, they framed a Petition to your House, Entitling it, To the Supream Authority of this Nation, the Commons assembled in Parliament; in which they intreat you to be careful of the mischief of Negative Voices in any whomsoever; which said Petition your House upon the 20 of May 1647. Voted to be burnt at the Exchange and Westminster by the hands of the Common Hangman, and lately as I am informed, there was a Petition of Master John Mildmans presented to your House, and it was rejected by them, for no other cause, but because it had the foresaid title; and therefore you your selves having rejected to be stiled the Supream Authority of this Nation; I can see no ground or reason, how you can upon your own Principles, grant a supersedeas to Master Wollaston to overule my action at law against him; and so de facto exercise the Supream Authority, which in words, you would have the Kingdom beleeve you abhorre; neither can I in reason or Justice conceive, that if now you should own your selves for the Supream Authority of the Nation, and the single and absolute Law-Repealers; and Law-Makers thereof, how you can deprive me of the benefit of those just Laws, viz. Magna Charta, Petition of Right, and the Act that abolished the Star-Chamber, that you have not avowedly and particularly declared to be void, null and vacated, as never to be in use any more in England; Again, you in your Protestation, in your Vote and Covenant, and in your League and Covenant, swore to maintain the Laws and Liberties of the Kingdom with your estates and lives, and make the Kings Person and Authority out subservient thereunto, or dependant thereupon; And you have been so zealous to make Votes to disfranchise all those that will not take your Covenant, as unfit to bear any Office in the Common-wealth, or to give a Vote to chuse an Officer; and can it stand with your Justice and Honour to deny me the benefit of that (viz. the Law) which you have been so zealous in forcing the People of England to swear to maintain? or can you in Justice and Honor, be angry with me for standing for that (viz.) the Laws and Liberties of England,) which you have ingaged, incited and forced, thousands and ten thousands of the people of England, to loose their Lives and Blouds for, which I amongst others have upon zealous and true principles, as hazardously ventured my life for as any man in England? O let such an abominable thing be farre from men of honour, conscience and honesty, and let the fearfull judgments that befell the Hungarians, as it were, from God from heaven for breaking, violating and falling from their faith and Covenant, made with Amurah the Second, the Sixt Emperor of the Turkes Recorded in the Fourth Edition of the Turkes History fol. 267. 269. 273. 277 deterr all Covenant Makers, and Covenant takers from breach of their Oaths, Covenants, and Contracts, the breaking of which is highly detested and abhorred of God as a thing that his soul loaths as he declares in Scripture, as you may read Exo. 20. 7. Lev. 19. 11, 12. Deut. 23. 21, 22, 23. Psal. 15. 4. Eccels. 5. 45. Ezek. 17. 13, 14, 15, 10. 17, 18. Zacab. 5. 3, 4 & 8. 16. 17. Yea I say let the fearfull judgements, wrath and vengeance Recorded by Sir Walter Rawley in his excellent preface to his history of the World that befell Tyrants and Oppressors, who after they had broke their Oaths, Faith, Promises and Lawes made with the People, and then turned Tyrants, deterr you from such practises, but especially the fearfull judgments of God that befel the most execrable thirty Tyrants of Athens, who after the people of that City had set them up for the Conservators of their Laws and Liberties, and who did many things well til they had got power into their own hands, which they had no sooner done, but they turned it poin blank against the people, and fell a murthering, robbing, spoyling and destroying the innocent people, and raised a Guard of three or foure thousand men of their own Mercenary faction, whose destruction was fatall by the steeled resolution and valour of seventy faithfull and brave Citizens, as you may read in Sir Walter Rawleys History Lib. 3. Ch. 9. sec. 1 & 3. Yea the Tyranny of Duke d’Alva cost his Master the King of Spaine the revolt of the Hollanders to his unimaginable losse. But to returne, did not you and the Lords the other day pass Votes and Communicated them to the Common Councel of London to declare to them and the whole Kingdom, you would continue the Government, by King, Lords and Commons? and can it now stand with your Honour and Justice, to goe about to advance a single, illegall Order of the Lords above all the Laws made joyntly by you the Lords and King, and to make Ciphers of your selves and your House as well as of the King? which undeniably you do, if you indemnitie Master Wollaston by superseding my action at Common Law against him; Again, have you not in your Declaration of the 15 of June 1647. (in which is contained your Votes, to lay the King aside and make no more applications or addresses unto him) declared to preserve unto the people their Laws, and to governe them thereby? sure I am these are your own words, having received an absolute denyall from his Majesty: The Lords and Commons do hold themselves obliged to use their utmost endeavous speedily to settle the present Government in such a way as may bring the greatest security to this Kingdom, in the enjoyment of the Laws and Liberties thereof: And can it now stand with your honour and Justice to fall from this and all other your publique Declarations, by denying me the benefit of the Law against Master Wollaston, that unjustly imprisoned me, and Tyrannically and closly imprisoned me, to the hazard of my life and being, and that by an illegall warrant of the Lords, who have no power in Law to commit me, or so much as to summon me before them, in reference to a tryal? much lesse when I do come at their Bar, to deal with me like a Spanish Inquisition, by examining me upon Interrogatories to insnare my self, and refuse to let me see either accuser, prosecutor, indictment, charge or impeachment: but presse me againe and again to answer Interogatories against my self, and so force me to deliver in a Plea, according to my priviledg and the Laws of the Land, against their illegall dealings with me, and then to wave all pretence of any foregoing crime, and commit me the 11 July 1646 to Master Wollaston to Newgate prison during their pleasure for delivering in that my very Plea, which hath not a word in it but what is justifiable by Magna Charta, and the Petition of Right; and then when I am at Newgate, by pretence of a Warrant of the 22 of June after, for Master Wollaston to cause his servants to break into my Chamber and by force and violence to carry me before the Lords, who had, nor have no more Jurisdiction over me by the Laws of England to try me, passe upon me, or condemn me, then so many Turks have: and when I come there, they only look upon me, but lay nothing to my Charge, neither by word of mouth, not writing but passe an Order in these very words,
Die Martis 23. Junij.
Ordered by the Lords assembled in Parliamen, That Iohn Lilburn shall stand Committed close Prisoner in th Prison of Newgate, And that he be not permitted to have pen, ink or paper, and none shall have accesse unto him in any kind, but his Keeper, untill this Court doth take further Order.
And that is when they turn honest and just, which I do confidently beleeve will never be; here is illegality upon illegality, and Tyranny upon the neck of that, and yet Master Wollaston, and that Barish fellow Briscoe, executed it to the height without any scruple of conscience, although they might have as well by vertue of the same Warrant have cut my throat; as have used me as they did, till the 11 of July 1646. at and upon which day they by force of armes, with thirty or forty of the hangmans guard of Halberteers, and against all Law and Justice, carried me before the Lords, upon pretence to hear my Charge read, although the Lords had not, nor have not in Law the least power in the world to try me or to summon me, as hath been notably and undeniably proved in the Case of Sir Iohn Maynard and the four Aldermen, in the releasing of whom as the Lords have done, if ever they had any Jurisdiction over Commoners in any kind whatsoever, they have now totally given it away; for they were all impeached by the House of Commons, and their impeachments transmitted from them before ever they medled with them, which I never was, and yet flew as high in their Protestations and Declarations against the Lords Jurisdiction over them as ever I did, whom notwithstanding for all this, without stooping, submitting, or so much as petitioning, the Lords released, and of their own accord took all their proceedings against them off the file, thereby declaring to the whole Kingdom, that their own consciences told them they had no Authority in Law to go about to try them, being none of their Legall Judges, though they were impeached by the House of Commons, and that they had done nothing but their duty in protesting against them, and their Jurisdiction over them.
Therefore (my Lord Munson) can it stand with the Justice and Honour of your House, in your first Remonstrance to the Kingdom, pag. 6. to cry out so bitterly as you do against the Kings Ministers, who durst be so bold and presumptuous to break the Laws, and suppresse the Liberties of the Kingdom, after they had been so solemnly and evidently declared by the Petition of Right, by committing divers free men of England to prison for refusing to stoop unto the Commission of Loan, whereby many of them contracted such sicknesses as cost them their lives, and detaining others close prisoners for many months together, without the liberty of using Books, pen, ink, or paper, denying them at the comforts of life, all means of preservation of health, nor permitting their Wives to come unto them: And for the compleating of that cruelty, after yeeres spent in such miserable durance, to keep them still in their oppressed condition, not admitting them to be bailed according to Law, and oppressing and vexing them above measure; and the ordinary course of Justice (the common birth-right of the Subjects of England) wholly obstructed unto them: and divers others oppressed by grievous Fines, Imprisonments, Stigmatizings, Mutilations, Whippings, Pillories, Gaggs, Confinements, Banishments after so rigid a manner, as hath not onely deprived men of the society of their friends, exercise of their professions, comfort of Books, use of paper or ink, but even violated that neer union which God hath established betwixt men and their wives, by forced* and constrained separation, whereby they have been bereaved of the comfort and conversation one of another. Can all these doings be criminous and wicked in the King’s Ministers? and can your denying of justice for seven yeers together to me, that suffered the grievousnesse of these very torments, be just and righteous? Let God and the world judge, whether you by your actions do not justifie all the foregoing unjust proceedings, nay, and out-strip them, in that you your selves do, or suffer to be done (when you have power enough in your hands to remedy, but will not) divers of the very self same things to some of the very self same men, after (in obedience to your commands, in the sincerity of their souls) they have freely adventured their lives (and so carried themselves in all their actions towards you, that all their adversaries are not able, nor ever were, to lay in law any crime to their charge) for the redresse of all the foresaid grievances? and yet the best recompence you your selves give unto them, is, to tosse and tumble them yeer after yeer, from Gaol to Gaol (without laying any crime unto their charge) denying them the benefit of their Birth-right, the Law of the Land, keeping thousands of pounds of their own from them, and endeavouring in their long imprisonments to starve and murder them, their Wives and Children, by being worse then the King was to your Members, (who allowed them three, foure, and five pounds a man weekly, notwithstanding their own great estates to live upon) in allowing them never a penny to live upon, endeavouring to protect all those unrighteous† men that (contrary to Law) have endeavoured to murder and destroy them, and take away their lives and beings from the earth. And all this is my own case and sufferings from you your selves. Therefore Hear, O Heavens! and give ear, O Earth! and the righteous God, and all just men judge betwixt us.
And therefore if there be any truth or resolutions in you to stand to any thing that you say and declare, I challenge at your hands the benefis of all your Declarations and Remonstrances, which are all of my side; and particularly the notablest of Declarations of the 6 of May 1643, and 17 April 1646. which was made before my contest with the Lords, in which you declare (2 par. Book De. so 95. & 879) that although the necessity of war have given some disturbances to loyall proceedings, stopped the usuall course of justice, enforced the Parliament for the preservation of this right to impose and require many great and unusual payments from the good Subjects of this Kingdom, and to take extraordinary wayes for the procuring of monyes for their many pressing occasions; It having pleased God to reduce our affaires into a more hopefull condition then heretofore: We do declare, that we will not, nor any by colour of any authority derived from us, shall interrupt the ordinary course of Justice in the severall Courts of Judicatures of this Kingdom, nor intermeddle in cases of private interest otherwhere determinable, unlesse it be in case of male administration of Justice, wherein we shall so provide, that right be done, and punishment inflicted as there shall be occasion according to the Law of the Kingdom, and the trust reposed in us.
Therefore seeing that you that stile your selvs the fountain and conservatory of the Law, first par. Book Declar. pag. 272 have declared in answer to the Kings Complaint against scandalous pamphlets (which was the originall pretence of the Lords quarrelling with me) that you know the King hath wayes enough in his ordinary Courts of Justice to punish such seditious Pamphlets and Sermons, as are any way prejudiciall to his rights, honour, and authority, benefit of the Law, you frustrate your end in making Judges to sit in Westminster Hall to execute the Law, and put a mock upon the people, and dissolve the whole frame and constitution of the civill Policy of the Government of this Kingdom into the originall law of Nature, and leave every man to judge within his own brest what is just and righteous, and thereby necessitate me, whether I will or no, to do that in reference to you, which you in your great straits, did in reference to the King; viz. Appeal to the righteous Judge of all the world, and the judgment of the people to decide the controversie berwixt you, as appears in your own Declarations, 1. part Book Dec. p. 172. 196. 214. 263. 278. 464. 491. 495. 496. 498. 629. 636. 666. 690. 699. 701. 728, and if I perish, I perish. For what greater tyranny can there be in the world, or what greater straits can a man be put to, then to delayed justice, (which is worse th’ll to be denyed) for above seven yeers together, by those that have raised a bloudy war, and pretended for justice: and then, after I have spent above 1000 li. in endeavouring to obtain Justice and my own at your hands, and after I have served you faithfully, and adventured my life in the field for you, and undergone multitudes of other hardships and hazzards at Oxford for you, and carried my self in all my actions towards you unspotted, and that upon you own declared principles: and after all this, to be toss’d and tumbled by you from Gaol to Gaol, year after year, for nothing but my honesty; and can come to no legall tryall, although I have endeavoured it with all my might; and to have by you thousands of pounds of my own kept from me, and not a penny in all my captivitie allowed me to live upon, but in the eye of reason exposed to famish and sterve, or to eat my Wife and Children; O monstrous and unnaturall cruelty! which I will maintain upon my life, is not to be parallell’d in all Queen Marie’s dayes, nor in the worst of King Charles his Reign.
and take leave to remain a true hearted Englishman,
NOw Master Speaker, having finished my Plea to the Committee of Indemnity; I must acquaint you that I brought it to the said Committee, with whom I had some verball expostulations, after which I began to open my Plea, having it fair writ in my hand; which the Committee no sooner saw but presently they left (me according to my desire) to the ordinary course of the Law, where I was necessitated at present to cease prosecution of Wollaston, because I was continually in expectation of my Liberty from the Lords, and therefore judged it but wisdom in me not to provoke them, and also for perfecting of my Ordinance, for my long sought, dear bought, and hard suffered for reparations, from old Sir H. Vane and the rest of my cruel Star-Chamber Judges; which Ordinance with much adoe was at last concluded, though to little purpose as before truly is noted in p. 15, 16. And for my Liberty, I was chiefly beholding for that to my friends in London, who in seven dayes got eight or nine thousand hands to a Petition for me, in the day of your straits by the Cavaleers, and presented it to your House, which my true friend, and faithfull and couragious fellow sufferer Sir Iohn Maynard took the advantage of, and improved the utmost of his interest, and thereby became principally instrumentall both in your House and in the House of Lords for my Liberty then, unto whom I must and do returne the chiefest thanks for it.
But now Sir, seeing my life (for no thing but my honesty, and because I will not be a slave to mens lusts) is so strongly sought for to be taken away by those that have made the largest pretences and promises that can be made in the world to deliver this Nation from thraldom, bondage, vassallage and slavery; and seeing they are such painted Sepulchers that they are like to cozen all the honest men in England with religious cheaters, such as Master Edmond Rozer, with whom as teacher to the Congregation where I was a Member, I walked many yeares in fellowship, and Master William Kiffin who was once my servant, and unto both whom the indearedest of my affections run out unto; to either of which I never gave a provocation to, nor wronged in all my dayes to my knowledge, neither of which (although the first of them and I have been familiar together for almost twenty years) I am confident of it, in reference to my actings to the sons of men, are able to my face to say black is my eye, yet for these men so high and mighty in their pretence of religion, and in their former familiarity and friendship to me, to persecute me bitterly, and write reproachfull books &c. against me and in the day of my calamity (when the great men of the Nation make deep furrows upon my back for nothing) when I am as it were in the Kehnell, and my hands and feet tied, then to beat, buffet, wound me, and pursue my very life; O the height not only of unchristianity, but even of unmanhood it selfe! such actions differing nothing in beastlinesse and brutishnesse from the brutest of Beasts themselves; if it had been enemies (as David did in the like case Ps. 55. 12, 13, 14. that had done it, I could have born it; but for my familiar, bosome, indeared friends, to deal thus with me, and that in the day of my adversity, when my life is hunted for like a Partridge upon the mountains, in this they are more unnaturall then the very Pagans and heathens themselves; for saith Isaiah, cha. 21. 14. The Inhabitants of the land of Tema brought water to him that was thirsty, they prevented with their bread him that fled; and for their making a frothy light, giddy headed fellow of me in their late book called Walwyns wyles, easily deluded and drawn aside, being of no depth in my self; I am confident there is no two men in England that know me, whose consciences are more perswaded of the falsity of that their own assertion in every particular them M. Rozer, and Master Kiffin are, if they would speak the truth from their very hearts, the whole stream of my action extraordinarily well known to both of them for these twelve or thirteen years together, being as a large demonstration that I understand the things I goe about; and am not to be biased with favour, flattery, frowns, nor hard usage; (but act singly and nakedly upon my own principles that I beleeve God distills into my soul) I beleeve as the actions of any man upon the face of the earth are, having never forsaken nor changed my principles from better to worse the space of one hour, from the day of Gods sweet and fatherly discovering, and distinct, and assured making known of his eternall, everlasting and unchangable loving kindnesse in the Lord Jesus unto my soul, to this day, although I am confident it is now above 13 years, since I know God as my loving and reconciled father, that had particularly washed and clensed my soul with the precious bloud of Jesus Christ, and had caused the grace of God to appear in my soul, to teach me (as a reciprocall duty spread abroad in my heart by the overflowings of the fountaine of love within me) to abstaine from all ungodlinesse and worldly lusts and to live soberly and righteously, in this present evill world, doing good to all, but especially to the houshold of Faith, Ingraving with his Spirit upon my heart as with a point of a Diamond those Divine Laws, viz. to doe to all men as I would they should do to me, and in all the carriages of my life to be watchfull over my actings, and not to do evill that good may come of it, and thirdly that seeing that I am bought with a price by Redemption, that therefore I should not be the servant of men (to serve their lusts and wills) but entirely and solely the servant of God, to glorifie him with my body, in righteous and just actions amongst the sons of men, as well as in my soul, in speculation, imagination or adoration; and so at present I leave them to the reflections of their own consciences, if the vanity of the world and the fadeing promotions thereof hath not eat out the life and sensible part of them; into whose secrets now let not my soul (O Lord) enter into. But as for the rest of their subscribing Comrades, being in all six or seven, I know not some of them, only Iohn Price and Richard Arnold I know to be men fitly to deserve the name of Common Baristors, or known Eves-dropers, so detestable and abominable therfore to all truly & really honest unbiased men that know them, that a man shal but defile himselfe to touch them with a paire of tongs, deserving no other answer from me for their indefatigable and restlesse pains to bespatter and destroy me, but either the highest of scorn, or a good cudgell in due time; and so at present I leave them to the serious perusal of their own ugly forms and shapes, lively pictured out in that most excellent and masculine Anatomy of them, by Doct. Brooks in his Law Book entituled the Charity of Churchmen, or a Vindication of (my most choice and honest Comrade and Fellow-sufferer) Master William Walwyn.
But in regard my grand adversaries, and their little Beagles in London, doe continually report me to be a man of contention, and one that is never quiet from broyls, nor never content with any Government, but full of self conceitedness, malice and revenge; it will be very necessary for me to return an effectuall answer to this, before I come to the main thing I intend.
And therefore in the first place, When I was a childe (as Paul saith) I thought as a childe, I did as a childe; but after I came to have any discretion, well nigh twenty years agoe, my Father brought me to London, and bound me Apprentice to Mr. Thomas Hewson near London-stone; whom I served as faithfully about six years, as ever Apprentice served a Master: And though he had no more but my self, and had many thousands of Pounds went through my hands, driving a large Whole-sale trade; yet directly, nor indirectly, I cannot remember that ever I wronged him of a Groat, or the value of it; or that ever all the time I was with him, I was ever branded or taxed with one base visible action; or that I either gave or took a box on the care, or any thing like it, or ever quarrelled with any Flesh alive all the time I was there, (although I had then as much mettle, life and spirit as most young men in London had) only I must confess, my old Master offered me somtimes some abuse, for which I carryed him before the Chamberlain of London, and ever after lived in peace with him: And after that, in all the dayes of my calamity by the Bishops, had the truest and cordiallest friend of him, that ever servant had of a Master in the day of his tryall. And though in his service (keeping only a Ware-house) severall days in the week I had spare time enough, yet I never misspent it, but continually spent it in reading the Bible, the Book of Martyrs, Luthers, Calvins, Bezaes, Cartwrights, Perkins, Molins, Burtons, and Rogers Works, with multitude of other such like Books that I had bought with my own money; till the foresaid Mr. Edmond Rozer, my familiar friend and neighbour, and fellow-professor of Religion, (conversant at my Masters house from the beginning of my coming to him) brought me in anno 1636. acquainted with Dr. Bastwick then prisoner in the Gatehouse, whom after I visited constantly, and for whose service I could have laid down my life; and for my true affection to him, I was forced by the Bishops and their Catchpoles to fly into the Low-Countreys for refuge, just about the time of his Banishment, where I was divers months, and where the Kings Ambassador, Sir VVilliam Boswell, laid for me (as I was informed) severall designes to put me a Ship board, and send me over to England to the Bishops here, for my visible activity there against them, which forced me continually to wear my sword about me; yet in all my time there, I never gave nor took a box on the eare, nor had so much as a single quarrell; and at my coming to England I was in danger enough, and therefore went like a swaggerer disguised, and yet was betrayed by my pretended bosome friend, John Chilliburn servant to old Mr. VVharton in Bow-lane, and so fell into the devouring clutches of the High-Commission, Councell-board, and the Star-Chamber, all three of which had a fling at me: But in all my troubles and tryals by them for divers years together, I never saw or heard of any other prosecutor, but only two most desperate, forsworn, false Oaths of my then familiar acquaintance, Edmond Chillington then Button seller in Cannonstreet, and now a forsworn Lieutenant in Colonell Whaleys Regiment of Horse: which false Oaths he was hired unto by the Bishops and their Chaplins, Mr. Baker, &c. and by means of which he got his own Liberty, and this he did for my curtesie and kindnesse to him in his then captivity, &c. owing me at this day, I am confident of it, upon that account well nigh 30 pounds: by meanes of which Oathes, I had above 500 stripes with knotted cords, given me by the bloody decree of old Sir Henry Vane, &c. and endured a world of other unheard of miseries and barbarous cruelties for three yeers together: and at my deliverance by the Parliament, I could have had his eares for perjury, as easily as to have kissed my hand, if I had been revengefull; but so far was I from that, that I never questioned him for it, but contrarily I required him good for evill, when he was prisoner in Oxford Castle with me, and ready to starve, being destitute both of money and friends there; and to save him alive, I readily lent him both gold and silver, as he very well knowes, by the same token I was without my money long enough; and in the day of his prosperity here, I was fain to ask often enough for it, before I could get it again.
So here it is true, I was in contestation with the High Commission, Councel-Board, and Star-chamber, but they began with me, and not I with them, (the story of which you may read in my book called the Christian mans tryall, Printed for Mr. V.Vill. Larner) It is true also, I had in them sufferings, many contestations with Gaolers, but it was to preserve my life, when they contrary to Law would have murdered me; but with all my fellow-prisoners, &c. I lived as peaceably, as lovingly and friendly as any man in the world did; and all this contestation was but for the maintaining my legall rights due to me by the Petition of Right, which before the beginning of those troubles I had read, and a little understood: In which contest this Parliament in its Primitive purity hath justified me, in not only by abolishing the foresaid unjust Courts by Act of Parliament; but also in and by their Votes of the 4th. May, 1641. which thus followeth; Resolved upon the Question, That the sentence of the Star-chamber given against John Lilburne, is illegall, and against the liberty of the Subject; and also bloody, wicked, cruel, barbarous & tyrannicall. Resolved also upon the Question, That reparations ought to be given to Mr. Lilburn, for his imprisonment, sufferings and losses sustained by that illegall sentence; Which I confess, I never got to this day, but had been a rich and happy man in reference to the world, if it had been voted I should never have expected any; for then might I have spent my eight years time in my trade beyond sea, that I have in a manner spent in following these Votes; and one way or other 1000 or 1500 pounds to boot; with seven or eight imprisonments besides for nothing.
Well, after this I fought with C. Lunsford, and divers others at Westminster, (who drew first) with my sword in my hand, to save the Parliament mens throats from being cut, conscienciously judging nothing that I had too good to hazard for so just an Authority as I then judged them to be; & they have since well rewarded me for my pains, with 7 or 8 cruell imprisonments, and never told me nor any body else to this hour wherfore, with many strong endeavours to take away my life in the said imprisonments unjustly; but I hope, they especially will justifie me in that contest; however, I from my heart beseech the righteous Lord of Heaven and Earth to judge righteously and impartially betwixt them and me, and to manifest his Righteous judgment betwixt us visibly to the world, that so the sons of men may see it, and behold it, and fear, and tremble before him.
Well, in the next place the Wars begun betwixt them and the King; and truly having seriously read all their primitive most excellent Declarations, and sufficiently my self smarted under the Kings irregular government, in the violating of the Laws of England, the compact betwixt him and his people; which he in my judgment had then notably violated; And not in the least doubtting but they would be as good as their words and Declarations, which were to secure the Peoples Lawes and Liberties to them, and not in the least to seek themselves; to provide for their weale, but not for their woe: and reading in the Scripture, Rom. 13. that the end of the institution of all Magistracy in the world, is for a terror to evill doers, and for a praise to those that doe well; the serious consideration of which, wrought out something in reason in my own thoughts, to ballance the letter of those Laws, (which I then knew were absolutely for the King), somthing like those generall rules or maximes in Law, recorded by that most excellent of English Lawyers, Sir Edw. Cook, in his 4 part. Institut. fol. 330. which are, That although the Law (of England) speak in generall terms, yet it is to be bound up, or accepted, but where reason ceaseth, there the law ceaseth; for seeing reason is the very life and spirit of the Law it self, the Lawgiver is not to be esteemed to respect that which hath no reason, although the generality of the words at the first sight, or after the Letter seem otherwise: And it, in my reason, could not be rationall for any men to appoint a compact to be betwixt two parties, but to bind both equally alike, King as well as People; and not to keep the people bound to the expresse letter of the Kings part, or any others, when the King or that other, shall break his or theirs in twenty particulars, as by Ship-money, Projects, &c. And further, saith Cook, fol. 328. ibid. Such an interpretation of ambiguous things (in Law) is always to be made, that absurdities and inconveniences may be avoyded: but absurdities and inconveniences cannot be avoyded, if the express and single letter of any Law, in reference to a King or Parliament, shall tie or bind me to cut my own throat, or any other wayes destroy my self, or my companions, brethren, or neighbours, which is irrationall or unjust for me to do: 1 Part. Book Decl. p. 150. So upon these or the like grounds, I took up arms in judgment and conscience against the King, and contested with his misgovernment in subduing my legall and native Rights, and in my sufferings and arraignment at Oxford therefore, carried my self with a great deal of resolution and undauntednesse of spirit; for which the Parliament by speciall Declaration of the 17 of December 1642, justified me: which Declaration you may see 1 part Book Decl. pag. 802, 803. yea, and exchanged me very honourably, high above my quality and condition; and at my coming home, some of them that were no mean ones, proffered my wife a place of honour and profit for me, then reputed worth about 1000 l. per annum: which I conscientiously scorned and slighted, professing unto my wife, to her extraordinary grief, that I must rather fight (though it were) for 8 pence a day, till I see the liberties and peace of England setled, then set me down in a rich place for mine own advantage, in the midst of so many grand distractions of my native Country as then possessed it: and so I left old Essex, that had been so generous unto me in giving me almost 300 l. ready money at my deliverance, as Colonel Fleetwood and Colonel Harrison very well know: But him for all that (I say) I left; for his persecuting for non-taking the Covenant, and down to Lincolnshire I posted; to my then two Darlings and familiar Friends, Manchester and Cromwel; where I engaged theartily, [and spent all Essex his money freely] and continued in many a desperate service, till Manchester visibly degenerated, and would have hanged me, for being overhonest, and over active in taking in Tikel Castle too soon: which with his visible turning knave, and apparantly betraying his trust at Denmington, in designing his Army, or the best part of it, a sacrifice to the Kings fury, made me engage against him and others of his Associates, with Cromwel, who thereunto sollicited me, and also threw up my Commission; and so his basenesse spoyled a Souldier of me, that I could never fight as a Souldier since; although Cromwel by himself face to face, and by his Agents (I am confident of it) hath from time to time much, and as earnestly solicited me, as is possible for a man to be solicited, to take up command in Fairfax his Army. But no sooner was I by the ears with Manchester, who first began with me, but Mr. Prynn wrote his desperate invective Books against us all that would not be conformable to the Covenant (that Cheat,) and the Scots Presbytery (that every thing and nothing;) and would have had us all destroyed, or banished the Land of our Nativity: so in conscience to God, and safety to my self and brethren (Mr. Edmund Roser, my present unworthy Antagonist, being then my pastor or teacher) I was inwardly compelled to deal with him, that thus sought to destroy the generation of the righteous; and accordingly I wrote him a sharp Epistle, now in print, dated 7 Jan. 1644. which brought upon my back a whole sea of troubles; and a Vote or Votes in the House of Commons past against me: whereupon, without any more adoe, black Corbet and the Committee of Examinations makes me a Prisoner, and tosseth and tumbleth me to the purpose: So before him, upon the 13 of June 1645, was I forced to give in my reasons (now in print) wherefore I wrote that excellent and seasonable Epistle (which was the first avowed publick Cannon I know of in England, discharged against the then insulting Presbyter, for the liberty of the consciences of my present bloudy and malicious persecutors, that now stile themselves the Pastours and Leaders of the Churches of God; but do indeed and in truth, by their unnaturall, unchristian, and unjust actions deserve no other stile, but men fit for nothing but to be the Pastors and Leaders of the Synagogue of Satan.) The whole story of which contest with Mr. Prynn, you may read at large in the beginning of my Book, called Innocency and Truth justified. And I hope my present Adversaries, who pretend themselves to be Leaders in the Churches of God, will justifie and acquit me from guilt or crime in these contests; especially considering that they themselves (that now are so violent in hunting after my bloud, and the bloud of my Associates, in the day of our trouble and calamity, now we are under hatches) durst then do nothing manlike for themselves; but sate in silence like a company of sneaks without souls or hearts.
And then before I well got rid of this broyl, you your self got the House of Commons the 19 day of July 1645. to fall upon my bones, and Vote me to prison I know not wherefore, unlesse it were for riding post from Summerset-shire through twenty dangers to bring you the first news of the Lord Gorings Army being routed at Lampert; for you never told me other to this hour; but yet I was tossed by your own means, from Hunt your Serjeants hands, to the hands of Knight his Deputy; and from thence the 9 of August to Newgate, by that old Patentee Monopolizer Lawrence Whittaker, then Chairman to the Committee of Examination; and when you had got me to Newgate, then you got your Bull-dogs in the House to bait me to the purpose, and also turn’d me over to be araigned at the sessions in Old-baily and so to be hanged at Tyburn; for you appointed Bradshaw your bloody and unjust Lord President, Master Seale and Walker &c. to prosecute me for my life; But after I had sufficiently baited both you and your unjust house; you sent me to Newgate a hundred pound in mony, I thinke to get me to hold my peace, and the 14 of October 1645. most honorably Voted me out of Prison, and so your self being my accuser, prosecuter and Judge, Justified me in this contest, the relation of which you may at large read in that notable book called Englands Birth-right, and in my Epistle of two sheets of paper in print dated 25. July 1645. but especially in my Large Book forementioned, and called Innocency and Truth Justified; and in this contest with you, my old acquzintance Doctor Bastwick, (for whose sake in the Bishops days I underwent more sorrows then is to be found in any ordinary death) fell upon me also, so that likewise I was faine to contest a little with him, but he begunne first.
And after this, viz. upon the 14 day of April 1646. Colonel Edward King arrests me in an Action of 2000 l. at Westminster for calling him Traitor, which was only in truth, for discharging my duty in prosecuting him, for betraying his trust to the Kings Party, while he was my, Colonel in Lincolnshire, and in this contest abundance of your own Ordinances justified me: which while I pleaded them in my Epistle to Judg Reeve of the 6 of June 1646 now in Print, before whom Kings action were dependent; the guilty conscioned Judge grew as angry with me therefore, as the Lawyers in Christs time did at him for reproving the hypocrisie of the Scribes and Pharisees, although nominally he medled not with them, yet their own guilty consciences did inwardly accuse them, which made one of them say, Master, in saying thus, thou reproachest us also, Luke 11. 45. unto whom Christ replyes and saith, vers. 46 &c. We unto you also ye Lawyers; for ye lade men with burdens grievous to be born and you your selves touch not the burthens with one of your fingers. We unto you for you build the Sepulchers of the Prophets; and your Fathers killed them. Truly ye bear witnesse that ye allow the deeds of your Fathers: for they indeed killed them, and you build their Sepulchers. Therefore also said the wisdom of God, I will send them Prophets and apostles, and some of them they shall slay and persecute; That the bloud of all the Prophets which was shed from the foundation of the world may be required of this Generation, from the bloud of Abel. unto the bloud of Zacharias, which perished between the Altar and the Temple: Verily I say unto you it shall be required of this Generation. Wee unto you Lawyers for ye have taken away the key of knowledge, ye entred not in your selves, and them that were entring in you hindred.
And accordingly Judge Reeves being wounded within at the down-right truth of my forementioned Epistle or Plea, that lasheth the base and abominable coruptions of him and the rest of his Brother-Judges, then and now Administrators of the Law; and finding something in it that brands Manchester for an unjust man in his late Generalship, who then was Speaker of the House of Peers, away to him trudgeth the Judge in all post haste with my Book, to get him by his power to be revenged of me, which he was easily provoked and perswaded too, and accordingly the 10 of June 1646. He gets an Order to passe the Lords House, To summon me up to the Lords Bar to answer to such things as I stood Charged before their Lordships with, concerning the writing the foresaid Letter or plea, and when led me to their Bar they dealt with me like a Spanish Inquisition, in examining me against my selfe, which forced me then at the Bar to deliver in my plea in Law, to prove that by the Laws of England they had no Jurisdiction over Commoners, to try them either for life, limb, liberty, or estate, which you may read in my Printed Book, called The Freemans freedom vindicated, which plea and protestation made them mad, and for which they sent me to Newgate, from whence upon the 16 of June I sent my appeal for Justice to the House of Commons against there, which made the Lords madder, whereupon they upon the 22 of June 1646 issuewed out an Order to bring me to their Bar again, where in contempt of their Jurisdiction, I refused to kneel, for which they committed me to the foresaid Wollaston Keeper of Newgate, to be kept close Prisoner without pen, inke or paper, the accesse of my wife or any other friend, which was with rigour sufficiently exercised upon me; till the 10 of July 1646. which day they issued out another Order to bring me again to their Bar, at which when I came, in the height of contempt of their Jurisdiction, I marched in amongst them with my hat on, So not only refused to kneel at their Bar, But also with my fingers stopt both my ears when they went about no read my pretended Charge, for all which they fined me 4000l. to the King, and further sentenced me to be a prisoner seven yeares, or during their pleasure, in the Tower of London, to be for ever disfranchised of being capable to bear any office or place, in Military or Civill Government, in Church or Common-wealth; and accordingly I was committed to the Tower, where I was in the nature of a close prisoner, divorced from the society of my Wife, till the 16 of September 1646. Whereupon a strong warre was made upon the Lords and their Jurisdiction, by the Authors of those two notable Books, called Vox plebis, and Regall Tyranny, and I also paid them prety well my self, in my two large books, Called, Londons Liberty in chaines discovered, and Londons Charters, and by a large Petition of my Wives, and accompanied at the delivery of it with divers of her feminine friends, I got my business to the examination of a Committee of the House of Commons, before whom I appeared, and pleaded the 9th. November, 1646. and had fair play, but waited month after month, and could get no report of it made by reason of the sway and power that Mr. Denzil Hollis, Sir Philip Stapleton, & the rest of their Associates had here in the House of Commons, who were then strong confederates with the Lords in their unjust usurpations, and my then professed enemies, in keeping me from Justice, the benefit of the Law and my right: whereupon I was compell’d and necessitated by a hard, long, and almost starving imprisonment to engage against them; which I did to the purpose, as you may read in my Books, called, The oppressed mans oppressions declared; The out-cryes of oppressed commons; The resolved mans Resolution; and Rash-Oaths. And then the Army turned up the chief of their heals, by a trick of Hocus Pocus, alias, An Impeachment; And then up got Mr. Oliver Cromwell my pretended friend, with whom; and in whose quarrel (for the Liberties of the Common-wealth (as he pretended) at his earnest solicitation of my wife in London, to send for me from the Leaguer then at Crowland; (and by his message delivered unto me for that end, by his brother-in-law Major Desborough, near Sir Will. Russell in Cambridg-shire) I engaged against the Earl of Manchester, &c. and was one of the first Evidences that gave in my testimony against him, before Mr. Lisle then chairman to that committee, where Manchesters impeachment did then depend; but alass, Mr. Oliver impeached him only for this end, (as the sequel fully declares) not in the least for Justice-sake, but only to get him, &c. out of his command) that so he might get in a friend of his own into it that he could rule, and it may be in time himself; both of which he bath compleatly done: but I say Mr. Oliver; by the help of the Army at their first Rebellion against the Parliament, their Lords and Masters, was no sooner up, but like a most perfidious base unworthy man, he turned my enemy and Jaylor, and was as great with Manchester in particular as ever; yea, and the House of Peers were his only white Boyes; Being more then his Judges, and more conformable to his will then the House of commons it self; and who but Oliver (that before to me had called them in effect both tyrants and usurpers) became their Proctor where ever he came, yea, and set his son Ireton at work for them also, insomuch as at some meetings with some of my Friends at the Lord Whartons lodgings, he clapt his hand upon his breast, and to this purpose, professed as in the sight of God, upon his conscience, That the Lords had as true a right to their Legislative and Jurisdictive power over the Commons, as he had to the coat upon his back; and he would procure a friend, viz. Mr. Nath. Fiennes, should argue and plead their said right with any friend I had in England; and not only so, but did he not get the Generall and councell of War at Windsor (about the time when the Votes of no more Addresses were to pass) to make a Declaration to the whole Kingdom, declaring the legall Rights of the Lords House, and their fixed Resolutions to maintain and uphold it? which, as I remember was sent by the General, &c. to the Lords by Sir Hardesse VValler; and to indear himself the more unto the Lords (in whose House without all doubt he intended to have sate himself:) he requited me evil for good, and became my enemy to keep me in prison, out of which I must not stir, unless I would stoop and acknowledge the Lords jurisdiction over commoners, (and for that end he set his Agents and Instruments at work to get me to doe it;) And it became the above-board work of him and his son-in-law, after a little under-hand working, to make all means gone about in the Army for my liberty, ineffectuall, or a snare to me; so that I was pinched and forced for my own preservation, to fall about Olivers cares, and his Sons both, to discover their depth of knavery acted by themselves and agents in their base dealing with me, (who was then almost destroyed in prison by their villany) as you may partly read in my Books, called, The Juglers discovered; Jonah’s cryes out of the Whalesbelly; The Peoples Prerogative; My additionall Plea before Mr. John Maynard of the House; and my Whip for the present House of Lords.
But to fill up the measure of his malice against me, after by my own industry and importunity, I had got a little Liberty, in spite of him and his faction, from your House, he and his Faction got your House again to commit me and Mr. Wildman prisoners as Traytors, upon 19. Jan. 1647. for but mannaging an honest Petition, that did but a little touch upon the Lords power: And yet this very Mr. Oliver hath since been the principall Instrument to pluck up the House of Lords by the roots, as usurpers and encroachers, because they would not joyn with him to cut off the King’s head (for that which he is as guilty of himself) and so take him out of his way, that he might be absolute King himself, as now he is, and more then ever the King was in his life: for he can, and hath taken severall free men of England by the shoulders at the House door, and in Westminster-hall, and by his will, without any due processe of Law, commited them prisoners to his mercinary Janisaries, (as lately he hath done to honest Colnel Chesman, (not of the Army) for but delivering a Letter of his unjustly imprisoned Captains, Cap. Bray, to the Speaker, and soliciting him for an Answer to it.) The like of which Tyranny the King never did in his Reign; and yet by Saint Oliver’s means lost his head for a Tyrant. But the thing that I principally drive at here, is, to declare, that Oliver and his Parliament now at Westminster (for the Nations it is not) having pluck’d up the House of Lords by the roots, as usurped, tyrannicall, and unjust, hath thereby himself justified me in all my contests with them, in denying their Jurisdiction over Commoners by Law.
And although Oliver had his hands full with Poyer, Goring, Holland, Hamilton and Langdale the last yeer; but especially with the generall odium that was then in both Houses against him, upon the notable Impeachment of his Major Huntington, and I then by my absolute freedom was a little up, and could have at my pleasure been revenged of him, if I had so pleased, either by divisions in his Army, which was easily then in my power; or by joyning in impeaching him with Major Huntington; which I had matter enough to do, and was earnestly solicited to it again and again, and might have had money enough to boot in my then low and exhausted condition: yet I scorned it, and rather applyed my hand to help him up again, as not loving a Scotch Interest, as is very well and fully known to his present darling Mr. Cornelius Holland, and also to Colonel Ludlow, and Mr. Thomas Challoner, with other Members that I could name; and which was demonstrated to himself by a Letter I sent him by Mr. Edw. Sexby, whom on purpose I procured to go down to him: the true Copy whereof thus followeth:
WHat my Comrade hath written by our trusty Bearer, might be sufficient for us both; but to demonstrate unto you that I am no staggerer from my first principles that I engaged my life upon, nor from you, if you are what you ought to be, and what you are strongly reported to be; although, if I prosecuted or desired revenge for an hard and almost sterving imprisonment, I could have had of late the choice of twenty opportunities to have payd you to the purpose; but I scorn it, especially when you are low: and this assure your self, that if ever my band be upon you, it shall be when you are in your full glory, if then you shall decline from the righteous wayes of Truth and Justice: Which, if you will fixedly and impartially prosecute, I am
(for all your late severe hand towards me)
being the second
day of my Freedom,
Which Letter &c. as I have been told by the Bearer, was not a little welcome.
But his dealings with me now manifest that Proverb to be very true, viz. Save a Thief from the Gallows, and for your requitall, he will be the first shall hang you. But to this I shall say no more but what the Spirit of truth saith in Prov. 17. 13. That he that rewards evill for good, evill shall not depart from his house. And being at liberty, not liking in the least the several juglings I observed in divers great ones in reference to the personall Treaty, and that there was nothing worth praising or liking thought of or presented by the Parliament in reference to the Peoples Liberties or Freedoms, (especially considering their late large expences and hazards for the procurement of the settlement of them) I was compelled in conscience to have a hand in that most excellent of Petitions of the 11 of Septemb. 1648. which (I am sure) was no small piece of service to Cromwel and his great Associates: though his Church-men now my chiefest Adversaries, durst not joyn in it, nor own it for very fear. And having been in the North about my own business, where I saw Cromwel, and made as diligent scrutinies into things about him as I could; which I then to my self judged, favoured more of intended self-exalting, then any thing really and heartily (of what before I had strongly heard of him) to the through advancement of those things that were worthy to be accounted indeed the Liberties and Freedoms of the Nation.
And being come to London, my self and some other of my friends, by two Messengers, viz. Mr. Hunt one of Cromwel’s creatures, and another, sent a Message down to him to Pomfret to be delivered to himself, and to debate it with him, and bring his expresse Answer back again speedily: the effect of which Message was,
That to our knowledge, God had caused him to understand the principles of a just Government, under which the glory of God may shine forth by an equall distribution unto all men.
That the obtaining of this was the sole intended end of the Warre: and that the Warre cannot be justified upon any other account, then the, defence of the peoples right, unto that just Government, and their Freedom Under it.
His Answer to which Message by Mr. Hunt was principally directed to the Independents; some of whom appointed a meeting at the Nags-head Tavern by Blackwell-Hall, and invited Mr. Wildman and my self, &c. thither, whether we went accordingly, and where wee met with Colonel Tichburn, Col. John White, Dr. Parker, Mr. Taylor, John Price, and divers others; where we had a large debate of things, and where the just ends of the War were as exactly laid open by Mr. VVildman, as ever I heard in my life. But towards the conclusion, they plainly told us, The chief things first to be done by the Army, was first To cut off the Kings Head, &c. and force and throughly purge if not dissolve the Parliament: All of which we were all against, and press’d to know the bottom of their center, and in what they would absolutely rest for a future Settlement: and I plainly told them in these words, or to this effect.
Its true, I look upon the King as an evill man in his actions, and divers of his party as bad: but the Army had couzened as the last yeer, and fallen from all their Promises and Declarations, and therefore could not rationally any more he trusted by us without good cautions and security: In which regard, although me should judge the King as arrant a Tyrant as they supposed him, or could imagine him to be; and the Parliament as bad as they could make them; yet there being no other balancing power in the Kingdome against the Army, but the King and Parliament, it was our interest to keep up one Tyrant to balance another; till we certainly knew what that Tyrant that pretended fairest would give us as our Freedoms; that so we might have something to rest upon, and not suffer the Army (so much as in us lay) to devolve all the Government of the Kingdom into their wills and swords (which were two things we nor no rational man could like) and leave no persons nor power to be a counterbalance against them: And if we should do this, our slavery for future (I told them) might probably be greater then ever it was in the Kings time, and so our last errour would be greater then our first: and therefore I pressed very hard for an Agreement amongst the People first, utterly disclaiming the thoughts of the other, ill this was done. And this (I told them) was not onely my opinion, but I believe it to be the unanimous opinion of all my friends with whom I most constantly conversed.
At which the Gentlemen Independents were some of them most desperately cholerick: But my opinion being barked with the Speeches of some others of my Friends, we came calmly to chuse out four and four of a side to debate and conclude of some Heads towards the accomplishment of an Agreement of the People: and (as I remember) their four were Colonel Titchburn. Col. White, Dr. Parker and Jo. Price; and our four were M. William Walwyn Lieutenant Col. Wetton, M. John Wildman, and my self. But John Price sent some of the company to tell us (after we were parted, and some of us drinking a cup of wine below) he would not make one, if Mr. Walwyn was one, for he had a prejudice against him. Unto which I replyed, M. Walwyn had morre honesty and integrity in his little finger, then John Price had in all his body; and therefore No meeting for me, seeing John Price was so base, unlesse Mr. VValwyn was one, though we had but two of a side: but the businesse being much debated and expostulated, Mr. VValwin and John Price both (for peace sake) were at present laid aside: and according to appointment (as I remember) all the other six met the fifteenth of Novemb. 1648, being Wednesday, at the fore-mentioned Nags head; and there, after some debate, unanimously agreed in these words, viz. That in our conceptions, the onely way of Sentiment is.
1. That some persons be chosen by the Army to represent the whole Body: And that the well affected in every County (if it may be) chuse some persons to represent them: And those to meet at the Head-Quarters.
2. That those persons ought not to exercise any Legislative power, but only to draw up the foundation of a just Government, and to propound them to the well-affected people in every County to be agreed to: Which Agreement might to be above Law; and therefore the bounds, limits and extent of the people’s Legislative Deputies in Parliament, contained in the Agreement to be drawn up into a formall contract, to be mutually signed by the well-affected people and their said Deputies upon the days of their Election respectively.
3. To prevent present confusion, the Parliament (if it be possible) may not be by force immediately dissolved; but that the day of its dissolution be inserted in that Agreement, by vertue whereof it shall be dissolved.
4. That this way of Settlement, (if it may be) should be mentioned in the Armie’s first Remonstrance.
5. That the matter of the Petition of Septemb. 11. be the matter to be setled.
Which Agreement of ours (as I remember) was immediately sent away to the Head Quarters at St. Alban’s by Mr. Hilard of Southwark, where (as it was afterwards told us, it was very well accepted and approved of by the great ones there; whose high and mighty Declaration (which by [Editor: illegible word] Windsor, when he pretended to lay down his Commission) against the King coming to our view, we made divers objections against many passages in it, but especially at divers lashes that excitely at the beginning of it hinted at us; which we told some of their friends, could not he put in with a spirit of peace towards us, or intention of good to the Nation, in those good things we desired and propounded for it: But it was with many fair expressions salved up by them; upon which we judged it requisite for some of us to go to Windsor, to speak with Mr. Ireton the Stear-man himself; and accordingly (as I remember) Lieut. Colonel VVelton, Mr. Petty, Mr. VVildman, and my Self met there; and having drawn up our thoughts in writing, we communicated them to Col. Tychburn, Col. VVhite, M. Moyer, and divers others of the Independent Party, who were with us to the Governours house, where we met with Mr. Peters, the grand Journey, or Hackney-man of the Army; and after we had acquainted him with our mindes, we delivered him a copy of our Paper, containing distinctly the Heads of what we desired, and intreated him to deliver them to Commissary Ireton, with whom we desired to discourse about them; who sent us word, at such an hour he would come to our Inn at the Garter, to speak with us about them; and accordingly he did, accompanied with a whole Train of Officers; and a large and sharp discourse we had; our principall difference lying at his desire in the too strict restraining Liberty of conscience, and in keeping a power in the Parliament to punish where no visible Law is transgressed; the unreasonablenesse of which was much spoken against by divers of the principall Officers with him, but especially by Col. Harrison, who was then extreme fair and gilded. And so little satisfaction had we at this meeting, from Ireton (the Army's Alpha and Omega) that we despaired of any good from them, and were in a manner resolved to come away in haste to London, and acquaint our friends with our conceptions, and so improve our Interests forcibly, as much as we could, to oppose their intended designes. But Colonel Harrison coming to us again at ten o clock, according to our desire, we had a private and large discourse with him, and fully and effectually acquainted him with the most desperate mischievousnesse of their attempting to do these things, without giving some good security to the Nation for the future settlement of their Liberties and Freedoms, especially in frequent, free, and successive Representatives, according to their many Promises, Oathes, Covenants and Declarations; or else as soon as they had performed their intentions to destroy the King, (which we fully understood they were absolutely resolved to do, (yea, as they told us, though they did it by Martiall Law) and also totally to root up the Parliament, and invite so many Members to come to them as would joyn with them, to manage businesses, till a new and equall Representative could by an Agreement be setled; which the chiefest of them protested before God, was the ultimate and chiefest of their designes and desires.) I say, we press’d hard for security, before they attempted these things in the least, lest when they were done we should be solely left to their wills and swords; by which, we told them, they might role over us arbitrarily; without declared Laws, as a conquered people, and so deal with us as the poor slavish peasants in France are dealt with, who enjoy nothing that they can call their own. And besides, we plainly told him, we would not trust their bare words in generall onely, for they had broke their promise once already, both with us and the Kingdom; and he that would break once, would make no conscience of breaking twice, if it served for his ends, and therefore they must come to some absolute particular compact with us, or else, some of us told him, we would post away to London, and stir up our Interest against them, yea and spend our blouds to oppose them. To which he replyed to this effect, It was true in what we said; for he must ingenuously confesse, they had once broken [Editor: two illegible words] and the Kingdom, and therefore acknowledged it was dangerous trusting them upon Generals again: But saith he, we cannot stay so long from going to London with the Army in so perfect an Agreement; and without our speedy going, we are all unavoydably destroyed to [Editor: illegible word] (saith he) we fully understand, that the Treaty betwixt the King and Parliament is almost concluded upon: at the conclusion of which, we shall be commanded by King and Parliament to disband, the which if we do, we are unavoydably destroyed for what we have done already: and if we do not disband, they will by Act of Parliament proclaim us Traytors, and declare us to be the onely hinderers of setling peace in the Nation; and then (saith he) we shall never be able to fight with both the Interest of King and Parliament: so that you will be destroyed as well as most, for we certainly understand that Major Generall Brown &c. are underhand preparing an Army against us. And therefore I professe, I confesse, I know not well what to say as your Reasons, they are so strong; but our Necessities are so great, that we must speedily go or perish; and to go without giving you some content, is hazardable too.
Well Sir, (said we) we have as much cause to distrust the Parliament men, as we have to distrust you; for we know what and how many large promises they have made to the Kingdom; and how little they have performed; and we also know what a temptation Honour, Power, and profit are even to those spirits that were pretty ingenuous and honest before; and when you have done your works and goe, as you pretend, forty or fifty of the honestest Members of the House to you; alas, (said we) It will be a mock Power; yet they may finde such sweetnesse and delight in their pretended power, that they may fly to your swords for their protection, and bid us go shake our ears for our Agreement, and go look it where we can catch it. And therefore we will trust generals no more to your forty or fifty Members of Parliament, then to you: for it’s possible, if we leave the Agreement to their framing, they may frame us such a one as will do us no good, but rather make us slaves by our own consents, if signed by us: and therefore we press’d him that we might agree upon a small and absolute Judge of the matter and method of the Agreement, that so we might not spend months and yeers in dispute about it. And therefore we would propound this unto him, That if their honest friends in the Parliament, as they called them, would chuse four from amongst themselves, and the Army four from amongst themselves, and the Independents four from amongst themselves; we that were nick-named Levellers, would chuse four from among our selves; and these sixteen should draw up the Agreement finally, without any more appeal to any other; and we for our parts, so far as all our Interest in England extended, would be willing to acquiesce in, and submit to the determinations of them 16, or the major part of them: And we would be willing the Presbyterian party should be invited and desired to chuse four more to be of equall authority with the other sixteen. Provided, they did it by the first day we should appoint to meet upon.
Which Proposition he approved of extraordinary well, and said, It was as just, as rationall, and as equitable as possibly could be; and said, He doubted not but all Interests would center in it, and ingaged to acquaint them with it: and so we parted, very glad that we were likely to come to some fixed agreement for the future enjoyment of our dear bought, and hard purchased Freedoms.
And the next morning we went to the Gentlemen Independents, that lay the next door to us, who were almost ready to horse for London, and we acquainted them with it, who liked it very well, and with whom we fixed a night for severall distinct meetings in London, to chuse our respective trustees for this work, and also appointed a day to meet at Winsor again about it, and from them we went to Master Holland, who then was the chief stickler, for those they called honest men in the House of Commons, and as I remember we met Colonel Harison, Master Holland, and Captaine Smith a Member, and his Son in Law in the Street, and Master Holland seemed exceedingly to rejoyce at the Proposition. Colonel Harison having told him of it before, which we repeated over distinctly to him, that so in conclusion we might not be gulled through pretence of mistakes or misunderstandings; which we were continually afraid we should meet with; so we went all together to Commissary Generall Iretons chamber to have his concurrence, which of all sides was taken for the concurrence of the whole Army, or at least for the powerfull and governing part of it; he being in a manner both their eyes and ears: so when we came to his Chamber in the Castle, he was in Bed with his Wife, but sent us out word by Colonel Harison as he averred to us, that he did absolutely and heartily agree to the foresaid Proposition, which to avoid mistakes, was again repeated, so we seemed joyfull men of all sides, and apointed a day speedily to meet at Winsor, about it, Master Holland againe and againe engaging for four Parliament men, and Colonel Harison, with Commissary Ireton for four of the Army, as we Londoners had done for each of our tribe; and so to horse we went, and I overtook upon the road the whole gang of Independants, with whom I discoursed again, and acquainted them all fully with the absolutenes of our agreement, which they acquainted their friends with in London, who chose Colonel Tichburn, Colonel Iohn White, Master Daniel Taylor, and Master Price the Scrivener; And for our party, there was by unanimous consent of the Agents from our friends in and about London, at a every large meeting chosen Master William Walwyn, Master Maximilian Petty, Master Iohn Wildman and my Self, and for the honest men of the Parliament as they were called, they had severall meetings at the Bell in Kings-street, and at Summerset-house, where as I was informed, they chose Colonel Henry Martyn, Colonel Alexander Rigby, Master Thomas Challiner and Master Scot, with one or two more to supply the places of those of them that should be absent at any time about their occasions; so when we came to Winsor the Army men had chosen Commissary Generall Ireton, Sir William Constable, and as I remember Colonel Tomlinson, Colonel Baxster, Lieutenant Colonel Kelsey, and Captain Parker, some two of the which last 4 should alwayes make up the number; so we had a meeting in their Councel-Chamber at the Castle, where we were all of all sides present, but only the Parliament men, for whom only Colonel Martyn appeared, and after a large discourse about the foundations of our agreement, we departed to our Lodging, where Colonel Martyn and we four nick-named Levellers, lockt our selves up, and went in good earnest to the consideration of of our Agreement, but much was not done in it there, because of their haste to London to force and break up the Parliament (which Journy at all, was very much opposed by M. Walwyn, and many reasons he gave against their march to London at all) the absolute desolution of which their friends in the House would no ways admit of, although Ireton, Harison &c. commonly stiled it then a Parliament that had forfeited us trust, a mock Parliament, and that if they did not totally dissolve it, but purge it, it would be but a mock Parliament, and a mock power however; for where have we say they either law, warrant or Commission to purge it, or can any thing justifie us in the doing it; but the height of necessitie to save the Kingdom from a new war, that they with the conjunction with the King will presently vote and declare for, and to procure a new and free representative and so successive and frequent free Representatives, which this present Parliament will never suffer, and without which the freedoms of the Nation are lost and gone, and the doing of which can only justifie before God and man our present and formr extraordinary actings with, and against legall Authority, and so all our fighting fruitlesse; and this was their open and common discourse, with more of the like nature; and to those that objected against their totall dissolving or breaking the House, (and the illegalitie of their intended and declared trying of the King, which also was opposed by us, till a new and unquestionable Representative was sitting;) as I am able sufficiently by pluralitie of witnesses to prove and justifie, yea when they were come to London, Ireton, &c. and some Members of the House (in a Chamber neer the long Gallery in VVhite-hall,) had a large conference, where and to whom he stifly maintained the same to their faces, calling this Purg’d Parliament, a mocke power and mocke Parliament, which Members I beleeve if there were a necessity of it, I could produce to justifie it; for I am sure one of them told me the substance of all the discourse immediatly after it happened; So that if it be treason to call this a Pretended Parliament, a mock power, a mock Parliament, yea and to say in plain English, that it is no Parliament at all, then they themselves are the prime, the chief and originall traytors; and if this be true, as true it is; then there is neither Legall Judges, nor Justices of Peace in England; and if so; then all those that are executed at Tiburne, &c. by their sentences of condemnations given against them, are meerly murthered and the Judges or Justices that condemned them are liable in time to be hanged (and that justly) therefore, for acting without a just and legall commission either from true Regall, or true Parliamentary power; see for this purpose the notable arguments in the 13, 14, but especially 15 page of the second Edition of my late picture of the Councell of State: But to returne to our acting to compleat the Agreement, all parties chosen of all sides constantly mett at White-hall after the Army came to town, saying the Parliament men failed, only Master Martin was most commonly there, and a long and tedious tug we had with Commissary Generall Ireton only, yea sometimes whole nights together, Principally about Liberty of Conscience, and the Parliaments punishing where no law provides, and very angry and Lordly in his debates many times he was; but to some kind of an expedient in the first, for peace sake we condescended in to please him, and so came amongst the major part of the 16 Commissioners, according to our originall Agreement, to an absolute and finall conclusion; and thinking all had been done as to any more debate upon it, and that it should without any more adoe be promoted for subscriptions, first at the Councell of Warre, and so in the Regiments, and so all over the Nation; but alas poor fools we were meerly cheated and cozened (it being the principall unhappinesse of some of us (as to the flesh) to have our eyes wide open to see things long before most honest men come to have their eyes open; and this is that which turns to our smart and reproach) and that which we Commissioners feared at the first, viz. (that no tye, promises nor ingagements were strong enough to the grand Juglers and Leaders of the Army, was now made cleerly manifest, for when it came to the Councel, there came the Generall, Crumwell, and the whole gang of creature Colonels and other Officers, and spent many dayes in taking it all in pieces) and there Ireton himself shewed himself an absolute King, if not an Emperor, against whose will no man must dispute, and then shittlecock Roe their Scout, Okey, and Major Barten (where Sir Hardresse VValler sate President) begun in their open Councell to quarrell with us by giving some of us base and unworthy language, which procured them from me a sharpe retortment of their own basenesse and unworthinesse into their teeth, and a CHALLENG from my selfe, into the field besides seeing they were like to fight with us in the room, in their own Garison, which when Sir Hardresse in my eare reproved me for it, I justified it and gave it him again for suffering us to be so affronted: And within a little time after I took my leave of them for a pack of dissembling juggling Knaves, amongst whom in consultation ever thereafter I should scorn to come (as I told some of them;) for there was neither faith, truth, nor common honesty amongst them: and so away I went to those that chose and trusted me, and gave publikely and effectually (at a set meeting appointed on purpose) to divers of them an exact account how they had dealt with us, and couzened and deceived us; and so absolutely discharged my self for medling or making any more with so perfidious a generation of men as the great ones of the Army were, but especially the cunningest of Machiavilians Commissary Henry Ireton: and having an exact copy of what the greatest part of the foresaid sixteen had agreed upon, I onely mended a clause in the first Reserve about Religion, to the sense of us all but Ireton, and put an Epistle to it, of the 15 of December 1648, and printed it of my own accord, and the next day it came abroad; about which Mr. Price the Scrivener and my self had a good sharp bout at Colonel Tichburn’s house within two or three dayes after, where I avowed the publishing of it, and also putting my Epistle to it of my own head and accord. And after that I came no more amongst them, but with other of my friends, prepared a complaint against their dealing with us, and a kinde of Protest against their proceedings; which with my own hand I presented to the Generals own hands at the Mews, the 28 of December 1648, being accompanied with Major Robert Cobbes, Mr. Thomas Prince, Mr. George Middlemore, Mr. Robert Davies, Mr. Richard Overton, Mr. Edward Tenth, Mr. Daniel Linton, Mr. William Bottom, Mr. John Harris, Mr. Thomas Dafferne, Mr. Thomas Goddard, Mr. Samuel Blaiklock, Mr. Andrew Dednam, Mr. John Walters, and Mr. Richard Pechel; and which was immediately printed by Ja. and Jo. Moxon, for William Larner, at the signe of the Black Moor neer Bishops-gate: within two or three dayes of the delivery of which, I went towards my Journey to Newcastle; and about five weeks after my arrivall in those parts, I heard that the General and his Councel had presented their Agreement to your House: which, when I read the title page of it, I found it to be upon the 20 of January 1648, which is compleat 35 dayes after my publishing of that which is called ours.
And yet in the third and fourth pages of a Declaration of the proceedings of the General in reducing the late revolted Troops, appointed by his Excellency and his Councel of VVar to be printed and published May 22 1649, and signed by their Order, Richard Hatter Secretary, and first printed at Oxford, and then re-printed at London May 23 1649. I finde these very words, viz.
The grounds and manner of the proceedings of these men that have so much pretended for the Liberty of the people, have been as followeth:
There was a paper stiled the Agreement of the people, framed by certain select persons, and debated at a generall Councel of Officers of the Army, to be tendered to the Parliament, and to be by them commended over to the people of the Nation: It being hoped, that such an Expedient, if assented unto, at least by the honest part of the people that had appeared for this common Cause, to which God hath so witnessed, it would have tended much to settlement, and the composing of our differences; at least have fixed honest men to such grounds of certainty as might have kept them firm and entire in opposing the common enemy, and stand united to publick Interest.
The generall Councell of the Army, and the other sorts of men, going then under the name of Levellers (so baptized by your selves at Putney) who (by their late actings have made good the same which we then judged but an imputation) had (as now it appears) different ends and aims, both in the matter and manner of their proceedings: That which was intended by those men, was to have somewhat tendred as a test and coertion upon the people, and all sorts of men and Authorities in the Land: That which these, to wit, the Councell of the Army aimed at, was to make an humble Representation of such things as were then likely to give satisfaction, and unite, and might be remitted to. MENS JUDGMENTS, to be owned or disowned as men were satisfied in their consciences, and as it should please God to let men SEE REASON for their so doing; that so it might not be onely called an Agreement, but through the freedom of it, be one INDEED, and RECEIVE IT’S STAMP OF APPROBATION FROM THE PARLIAMENT TO WHOM IT WAS HUMBLY SUBMITTED.
HEREUPON THOSE OTHER MEN TOOK so much DISSATISFACTION, that they forthwith printed and spread abroad their paper, which was different from that of the Army; using all possible means to make the same to passe: but with how little effect, is very well known. And finding by the Armie’s application to the PARLIAMENT, that they were likely, according to their duty, to STAND BY AND OWN THEM AS THE SUPREME AUTHORITY OF THE NATION, they have by all means assayed to vilipend that Authority, presenting them to the people (in printed Libels, and otherwise) as worse Tyrants then any who were before them.
In which passage of the Generals and his Councel, I shall desire to observe these things, which plainly to me are in the words: and if they can make it appear that I mistake their words as they are laid down, I shall cry them mercy.
First, That they give a false and untrue Narrative of the original occasion of that Agreement, to which by our importunate importunity they were necessitated, and drawn unto that little they did in it as a Bear to the stake, as is truely by me before declared; and which, as the sequell shews, they undertook meerly to quiet and please us (like children with rattles) till they had done their main work; (viz. either in annihilating or purging the House to make it fit for their purpose, and in destroyng the King; unto both which they never had our consents in the least) that so they might have no opposition from us, but that we might be lull’d asleep in a fools paradise with thoughts of their honest intentions, till all was over; and then totally lay it aside, as they have done, as being then able to do what they pleased whether we would or no: for if they ever had intended an Agreement, why do they let their own lie dormant in the pretended Parliament ever since they presented it? seeing it is obvious to every knowing English eye, that from the day they presented it to this hour, they have had as much power over their own Parliament now sitting, as any School-master in England ever had over his Boys. But to them it was presented (who scarce ought to meddle with it) on purpose, that there, without any more stir about it, it might be lodged for ever: For alas, an Agreement of the People is not proper to come from the Parliament, because it comes from thence rather with a command then any thing else; so that its we, and not they that really and in good earnest say, it ought not to do, but to be voluntary. Besides, that which is done by one Parliament, as a Parliament, may be undone by the next Parliament: but an Agreement of the People begun and ended amongst the People can never come justly within the Parliaments cognizance to destroy: which the Generall and the chief of his Councel knew well enough; and I dare safely say it upon my conscience, that an Agreement of the People upon foundations of just freedom gon through with, is a thing the Generall and the chiefest of his Councel as much hates, as they do honesty, justice and righteousnesse, (which they long since abandoned) against which in their own spirits they are absolutely resolved (I do verily beleeve) to spend their heart blouds, and not to leave a man breathing in English air, if possibly they can, that throughly and resolutely prosecutes it; a new and just Parliament being more dreadful to them, then the great day of Judgement spoken so much of in the Scripture. And although they have beheaded the King, yet I am confidently perswaded their enmity is such at the Peoples Liberties, that they would sooner run the hazard of letting the Prince in to reign in his Fathers stead, then further really a just Agreement, or endure the sight of a new Parliament rightly constituted.
Secondly, Its plain to me out of their words, That they positively aver, that their Agreement was presented to the Parliament before ours was published in print; which I must and do here tell both the General and his Councel, is the arrantest lie and falshood under the cope of heaven: for I have truely before declared, and will justifie it with my life, that ours was printed above thirty dayes before theirs was presented; yea, it was printed before theirs was half perfected. But it is no wonder, when men turn their backs of God, of a good conscience, of righteousnesse and common honesty amongst men, and make lies and falshoods, oppression and bloody cruelty their sole confidence and refuge, that then they say or swear any thing; all which, if the Generall and his Councel had not done, they would have scorned and abhorred, in the face of the Sun, to have affirmed and printed so many lies, as in their foregoing words is literally (without wresting) contained.
Thirdly, They positively hint, our dissatisfaction was taken at them for presenting theirs to the Parliament; which is also as false as the former: for 1. Our dissatisfaction was above a month before declared in their open Councel by my self, &c. as Sir Hardresse Waller and divers others of them cannot but justifie. 2. Our dissatisfaction was long before taken, upon the grounds by me before specified: the manifestations of which dissatisfaction I presented to the Generals own hands the 28 of December 1648, accompanied and subscribed with my own name, and fifteen more of my Comrades, in behalf of our selves, and all our friends that sent us, which we also immediately caused to be printed. And their Agreement, as the Title of it declares, was not presented till the 20 of Jan. after.
Fourthly, They say, VVe used all possible means to make ours passe; but with how little successe, they say, is very well known. If they mean, we used all possible means to make ours passe with them, it’s true; but the reason it had no better effect, was because they had no minde to it, it was too honect for them: and I am sure, in the very Epistle to it, it is declarared, That the principall reason of the printing of it, is, that the people might have an opportunity to consider the equitie of it, and offer their reasons against any thing therein contained. And this was all the means, after the printing of it, we used to make it passe. Alasse, we knew the Armies swords were longer then ours, and would by force cut in pieces all our endeavours that we should use against their minds and wils, by reason of the peoples cowardlinesse; and therefore we let ours rest, and were willing to sit still to see them perfect theirs, and never did any thing in it since amongst the people to make it passe, that I know of.
Fifthly, They say, VVe were troubled at their doing their duty, in submitting to authority, and owning the Parliament as the Supreme Authoritie of the Nation: When as alas, it is as visible as the Sun when it shines in its glory and splendour, That CORAH, DATHAN and ABIRAM of old were never such Rebels against Authoritie as the General and his Councel are, nor the Anabaptists at Munster with JOHN of LEYDON and NEPERDULLION were never more contemners of Authority; nor JACK STRAW, nor WAT TILER, nor all those famous men mentioned with a black pen in our Histories, and called Rebels and Traytors, can never be put in any scale of equall balance, for all manner of REBELLIONS and TREASONS against all sorts and kindes of Magistracy, with the Generall and his Councell: And I will undertake the task upon my life, to make good every particular of this I now say, to the General’s face. For did any, or all of them fore-mentioned, ever rebell against their Advancers, Promotors and Creators, as these have done two severall times? Did ever any, or all of them chop off (without all shadow of Law) a KING’s and NOBLES HEADS? ravish and force a Parliament twice? nay, raze the foundation of a Parliament to the ground? and under the notion of performing a trust, break all Oathes, Covenants, Protestations and Declarations, (and make evidently void all the declared ends of the War) which was one of Strafford’s principal Treasons, and which is notably aggravated against him by M. Pym in his fore-mentioned Speech against him? pag. 9. 11. and under pretence of preserving their Laws, Liberties, and Freedoms, destroy, annihilate, and tread under their feet all their Laws, Liberties, Freedoms and Properties (although they could cite against Strafford the precedent of Trisilian chief Justice, who lost his life for delivering of opinions for the subversion of the Law, as S. John’s Argument of Law against him, pag. last but one declares; yea, and against the Ship-money Judges, and also the Precedent of Judg Belknap in King Richard the Second’s time, who was by the Parliament banished for but subscribing an opinion against Law, though forc’d by a dagger held to his brest, thereto; yea, and cite also the precedent against him, which was against Justice Thorp in Edward the Third’s time, who was by the Parliament condemned to death for bribery; the reason of which Judgment, they say, was, because he had broken the Kings Oath, that solemn and great Obligation (as Mr. Pym ibid. calls it) which is the security of the whole Kingdom.) All which forementioned, either with pen or tongue by dispute, I wil particularly maintain and make good upon my life, publickly, before the face of the Kingdom, against the stoutest and ablest of their Champions in all their pretended Churches of God, either Independent or Anabaptistical; and that they are altogether unsavoury salt, good for nothing but to be abominated, and thrown out to the dunghil, as fit for nothing but the indignation of God, and the peoples wrath.
And as for their stiling this their own Junto the supreme Authoritie; I know the time not long since, when that stile to be given to the House of Commons single, was accounted an abominable wickednesse in the eye of the chiefest of them: Yea, I also know the time, and unable sufficiently to justifie and prove it, that they were absolutely resolved and determined to pull up this their own Parliament by the roots, and not so much as to leave a shadow of it (frequently then calling it a MOCK-POWER, and a MOCK-PARLIAMENT:) yea, and had done it, if we, and some in the House of our then friends, had not been the principall instruments to hinder them; we judging it then, of two evils the least, to chuse rather to be governed by the shadow of a Parliament, till we could get a reall and true one (which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect) then simply, solely and onely by the wils of Sword-men, whom we had already found to be men of no very tender consciences: But to me it is no wonder, that they own this for the supreme Power, seeing they have totally in Law, Reason and Justice broke the Parliament, and absolutely, by the hands of The Pride, set up indeed a MOCK-POWER, and a MOCK-PARLIAMENT, by purging out all those that they were any way jeolous of, would not vote as they would have them, and suffering and permitting none to sit but (for the major part of them) a company of absolute School boys, that will, like good boyes; say their lessons after them their Lords and Masters, and Vote as they would have them; and so be a screen (as yong H. Vane used to call the King) betwixt them and the people, with the name of Parliament, and the shadow and imperfect image of legal and just Authority to pick their pockets for them by Assessments and Taxations; and by their arbitrary and tyrannicall Courts and Committees, (the best of which is now become a perfect Star chamber, High-Commission and Councel board) make them their perfect slaves and vassals by their constant and continuall breaking and abasing of their spirits; a thing so much complained of against the Earl of Strafford, by the late Parliament at his tryal, especially in M. Pym’s notable Speech against him, pag. 7. as it is printed 1641, at the later end of a book called Speeches and Passages: where speaking against Oppression, and the exercise of a tyrannicall and arbitrary Power, (the Earl of Strafford’s sins, which now are become more the great mens of the Army) he saith,
It is inconsistent with the peace, the wealth, the prosperity of a Nation; it is destructive to Justice, the mother of peace; to Industry, the spring of wealth; to Valour, which is the active vertue whereby the prosperity of a Nation can onely be procured, confirmed, and inlarged.
It is not only apt to take away Peace, and so intangle the Nation with Wars; but doth corrupt Peace, and puts such a malignitie into it, as produceth the effects of War, as he there instanceth in the Earl of Straffords Government. And as for Industry and Valour, Who will take pains for that (saith he) which when he hath gotten, is not his own? or who will fight for that wherein he hath no other interest, but such as is subject to the will of another? The ancient incouragement to men that were to defend their Countries was this, That they were to hazard their persons, pro aris & socis, for their Religion, and for their houses; But by this arbitrary way, which was practised (by the Earl) in Ireland and counselled here; no man had any certainty, either of Religion, or of his House, or any thing else to be his own: But besides this, such arbitrary courses have an ill operation upon the courage of a Nation, by IMBASING THE HEARTS OF THE PEOPLE; A servile condition doth for the most part beget in men a slavish temper and disposition. Those that live so much under the Whip and the Pillory, and such SERVILE engines, as were frequently used by the Earl of Strafford, they may have the dregs of valour, sullenness, and stubbornness, which may make them prone to mutinies and discontents; But those noble and gallant affections which put men on brave designes and attempts for the preservation or inlargement of a Kingdom, they are hardly capable of: Shall it be treason to embase the Kings coin, though but a piece of Twelve-pence or Six-pence; and must it not needs be the effect of a greater Treason, to EMBASE THE SPIRITS of his Subjects, and to set a stamp and CHARACTER OF SERVITUDE upon them, when by it they shall be disabled to doe any thing for the service of the King or Common wealth? O most excellent and transcendent saying! worthy to be writ in a Table of gold in every Englishmans house.
But Sir, I say, No wonder, all the things foregoing rightly considered, they do own you (now as Thomas Pride hath made you) for the supreme Authority of the Nation, although before they would neither submit to the King, nor the Parliament, when it was a thousand times more unquestionably both in Law and Reason, then now you are; but fought against both King and Parliament, their setters up, conquered them, repelled them, subdued them, and broke them both; and so pull’d up by the roots all the legall and visible Magistracy and Authority in the Nation, and thereby left none but themselves, who stand in parallell to none (as they have managed their businesse) but to a company of murderers, theeves and robbers, who may justly be dispossessed by the first force that are able to do it (as Mr. Pym undenyably and fully proves in the foresaid Speech pag. 3. 9. 11.) no pretended Authority that they of themselves and by their swords can set up, having in the sight of God or man, either in Law or Reason, any more just Authority in them, then so many Argier Pirats and Robbers upon the Sea have. And so much in answer at present to the forementioned part of the Generals Declaration.
But now to return back, after this necessary Digression, to my own Story of going down into the North, where &c. I received of my 3000 l. allotted me, for my hard suffered for, deer purchased, and long expected Reparations, 400 l. of Sir Arthur Haslerig, for sequestred Coles and Iron, of Mr. Bowes’s, and got besides betwixt 100 and 200 l. in Rents, Free-quarter and Taxes having eat out the bowels, soul and life of them, being served in the wood allotted me, (the principall thing in my eye, by old Sir Henry Vane my old bloudy enemy) as is in part declared before in page 15 and 16. who hath Treason and crimes enough upon him, not onely to throw him out of the House, if it were any, but also to send him to a Scaffold or Gallows, as is very notably declared in print in England’s Birth right, pag. 19. 20. 21. in which pages you may read his Charge of High Treason exhibited against him to the Earl of Essex in anno 1643. by severall Gentlemen of the County of Durham; for his trayterous betraying their Country (and so consequently all the North) to the Earl of Newcastle; for whith &c. he better deserved in Law, equity and reason to lose his head, then either Hambleton, or stout Capel did for theirs, they having betrayed no trust (but had the letter of the Law of England &c, to justifie them in what they did) as he most palpably hath done. And as for his breaking up the little Parliament, his Star chamber wickednesse, and his desperate Gun-powder Monopoly, with his and his sons Sir George Vane’s late jugglings in the County of Durham. I have pretty well anatomised in my book called The resolved mans resolution, page 13. 14. 15. 16. 17. 18. his very having a hand in the Gunpowder Monopoly alone being sufficient long since to throw him out of your House, as being uncapable to be a Member therein, as cleerly appears by your Votes and Orders of the 19. and 25 of Nov. 1640, one of which, as it is printed in the foresaid Speeches and Passages, pag. 229. thus followeth:
It is ordered upon the Question. That all Projectors and Monopolizes whatsoever, or that have had any share in any Monopolies, or that do receive, or lately have received any benefit by any Monopolies or Patent, or that have procured any Warrant or Command for the restraint or molesting of any that have refused to inform themselves to any Proclamation or project, are disabled by Order of this House, to be a Member thereof, and shall be dealt with as a stranger, that hath no power to sit there.
In the compasse of which Order is both Sir Henry Mildmore and Lawrence Whittaker, and ought in justice, for their notorious Monopolising, to be both long since thrown out of the House.
But again to return: After I had done as much in the North as I could at present do about my own businesse, I came again to London, where I fixed up my resolution wholly to devote my self to provide for the future well-being of my wife and children, and not without the extraordinariest necessity engage in any publick contests again, making it my work to enquire into the true estate of things with the great men that sit at the helm, and whether the bent of their spirits now after they had taken off the King, was to set the Nation free from Tyranny, as well as from some they called principal Tyrants; and whether or no the drift of all their actions were but a meer changing of persons, but not of things or tyranny it self: and truly my observations and inquiries brought me in so little satisfaction in the visible intention of the ruling men, for all their many solemn Ingagements to the contrary, that I looked cleerly at the whole tendency of their ways, to drive at a greater Tyranny then ever, in the worst of the Kings Reign, (before the Parliament) was exercised: at which I bit my lip, but said little, and went to no meeting; which made many of my old faithfull friends be jealous of me, some of whom gave out some private hints, that I had now served my self by my pretended Reparations, and I was thereby quieted, and was become like all the rest of the world, and so there was an end of me. But I confesse, I was in a kinde of deep muse with my self, what to do with my self; being like an old weather-beaten ship, that would fain be in some harbour of ease and rest, and my thoughts were very much bent of going into Holland, where I conjectured I should be out of harms way, and get a little repose. And while I was thus musing, I heard from thence of a most transcendent height and rage that the Kings party there were in, especially about the beheading the late King; so that I judged there was no safety for me there, especially when I called to minde what the Post-master of Burrow-brigs and others in York-shire told me as I came up from Newcastle, which was, that the Cavaliers in those parts were most desperate mad at me in particular, about the beheading of the late King: although I were as far as Newcastle when it was done, and refused to give my consent to be one of his Judges, although I was solicited so to be before I went out of London; yea, although I avowedly declared my self at Windsor against the manner and time of their intended dealing with him; arguing there very stifly, that upon their own principles, which led them to look upon all legall Authority in England as now broken, they could be no better then murderers in taking away the Kings life though never so guilty of the crimes they charged upon him: for as justice ought to be done, especially for bloud, which they then principally charged upon him; so said I, and still say, It ought to be done justly: For in case another man murder me, and a day, a week, or a yeer after my brother or friend that is no legall Magistrate, executes him therefore, yet this is murder in the eye of the Law, because it was done by a hand had no Authority to do it. And therefore I pressed again and again, seeing themselves confess’d all legal Authority in England was broke, that they would stay his tryall till a new and equal free Representative upon the Agreement of the well-affected people, that had not fought against their Liberties, Rights and Freedoms, could be chosen and sit, and then either try him thereby, or else by their Judges sitting in the Court called Kings Bench. But they at Windsor ask’d me how by Law I could have him tryed: I told them, the Law of England expresly saith, Whosoever murders or kils another shall die; it doth not say, excepting the King, Queen, or Prince, &c. but indefinitely, whosoever murders shall die; and therefore where none is excepted, there all men are included in Law: But the King is a man: Ergo, he is included as well as I. Unto which it was objected, that it would hardly be proved, that the King with his own hands kill’d a man: To which I answered, by the Law of England, he that counsels or commissionares others to kill a man or men, is as guilty of the fact, as he or they that do it: And besides, the advantage of trying of the King by the rules of the Law, would be sufficient to declare, that no man is born (or justly can be made) lawlesse, but that even Magistrates as well as people are subject to the penall part of the Law, as well as the directive part: And besides, to try him in an extraordinary way, that hath no reall footsteps nor paths in our Law, would be a thing of extraordinary ill Precedent; for why not twenty upon pretended extraordinary cases, as wel as one? and why not a thousand as wel as twenty? and extraordinary cases are easily made and pretended by those that are uppermost, though never so unjust in themselves. And besides, to try him in an extraordinary way, when the Law hath provided all the essentials of justice in an ordinary way, (and meerly wants nothing (if it do want) but twelve Kings as his Peers or Equals) will nourish and increase in men that erroneous conceit, That Magistrates by the Law of God, Nature, and Reason, are not, no nor ought not to be subject to the penal part of the Laws of men, as well as the directive part of it, which is the bane, ruine and destruction of all the Common-wealths in the world.
I say, the consideration of the things fore-mentioned put me off the thoughts of going to Holland my self: and then I put the query to my self, What course I should (being now a free man) take for my livelihood: for if I and my family lived upon the main stock, which was not very much, (now that I had paid almost all my debts) that would soon waste and be gone; and to take a place for my future livelihood, as I have been offered often, and that a considerable one; that I could not do, for these reasons: First, because I was not satisfied in the present power or Authority to act under them; and so if I should, I should be a supporter of so unjust and illegal a fabrick as I judged an everlasting Parliament (purged twice by force of Arms by the hands of their meer mercenary servants) to be; who were principally raised, hired and paid to kil those they esteemed and judged Bears, Wolves, Foxes and Poulcats: that took up Arms against the true, chast and legally constituted Representative of the Nation, being not in the least hired or raised to be the Masters of their Masters, or the Lawgivers to the legal Law-makers of the Nation in case of necessity. And that an everlasting Parliament is destructive to the very life and soul of the Liberties of this Nation; I thus prove; first by Law, and secondly by Reason.
And first by Law: The Law Books do shew, That a Parliament (which in its own institution is excellent good physick, but never was intended, nor safely can be used for diet, because it is so unlimited and arbitrary) was called and held somtimes twice a yeer before the Conquest, as it declared by Lambert, in his Collection of Laws before the Conquest, amongst the Laws of Edgar, chap. 5. and by Sir Edward Cook, in his margent in the ninth page of his par. 4. Instit. in the Chapt. of High Court of Parliament: which with other of the Liberties of England being by force of arms subdued by the Bastard Norman Conqueror, although he three severall times took his oath after his being owned for King, to maintain their Laws and Liberties, as being not able, nor judging his Conquest so good, just and secure a Plea to hold his new got Crown by, as an after mutuall compact with the people, or their Representatives over whom he was to rule: and therefore, as Cook in the foresaid Chapt. pag. 12. declares, a Parliament, or a kinde of one, was held in his time. See also 21 Edw. 3. fol. 60. and 1 part. Institut. lib. 2. chap. 10. Sect. 164. fol. 110. a. and came to be more frequently used in his Successors time; yea, even to be once in two years in Edward the First or Second’s time; at which notwithstanding the people grumbled, as being an abridgment of their ancient and undoubted Libertie, to meet more frequently in their National and publick, Assemblies, to treat and conclude of things for their weal and better being; the want of which, of ancient time lost this Island to the Romans, as Cook declares, 4 part. Inst. fol. 9. out of Tacitus in the Life of Agricola, pag. 306. whereupon it was enacted in full Parliament in Edw. the Thirds time, That the King (who is their Officer of trust) should assemble and call them together once every yeer, or more often if need require; as appears by the Statute of 4 Edw. 3. 14. But because this was not constantly used by that King, but there sometimes was intervals of three or four yeers betwixt Parliament and Parliament, which was a diminution of the soul and life of all their Liberties, viz. frequent and often constant Parliaments; therefore in the 36 yeer of his Reign annuall Parliaments are provided for again, and also the causes of their assembling declared in these very words:
Item, For maintenance of the said Articles and Statutes, and redresse of divers mischiefs and grievances which daily happen, a Parliament shall be holden every yeer, as another time was ordained by a Statute of 4. Edw. 3. chap. 14. Brit King Charles exceedingly breaking his trust, in the frequent calling of Parliaments, and dissolving them at his pleasure, when they came to treat of any thing that he liked not, and so made them uselesse to the Nation; both which was against his trust, as you notably declare in your Declaration of Novemb. 2. 1642. 1 part Book Decl. pag. 701, 702. And of which you most bitterly complain in your first Remonstrance, 1 part Book Decl. pag. 5. 6. 11. and in pag. 10. 11 ibidem you declare, That his destroying of these two grand Freedom of the People, viz. Frequent, successive Parliaments, and free Debates therein, bad corrupted and distempered the whole frame and Government of the Kingdom, and brought in nothing but wayes of destruction and Tyranny. For the preventing of which for the future, you got an Act to passe in the sixteenth yeer of the late King, and the first yeer of this long-winded Parliament, to confirm every title of the two forementioned Acts for an annuall Parliament: And further there say thus:
And whereas it is by experience found; that the not holding of Parliaments according to the two forementioned Acts, hath produced sundry and great mischiefs and inconveniences to the Kings Majesty, the Church and Common-Wealth; For the prevention of the like mischiefs and inconveniences in time to come, Be it enacted by the Kings most excellent Majesty, with the consent of the Lords Spirituall and Temporall, and the Commons in this present Parliament assembled, That the said [LAST FOREMENTIONED] Laws and Statutes be from henceforth duely kept and observed. And you there go on and enact, that in case the King perform not this part of his trust in calling annuall Parliaments, that then a Trienniall one shall be Called By The Lord Keeper, &c. whether the King will or no.
And there being no provision in this Act, but that the King might break up this Parliament at his pleasure, as before he used to do, and so dis-inable you to discharge your trust and duty to the people, in providing fit remedies for those many grievances then extraordinarily spread over the whole Nation, that the long intermission of Parliaments had occasioned; you therefore presse the King to grant an Act, that the two Houses might not be dissolved but by your own consents; which the King condescended unto the rather, because the Scotch Army was then in the Kingdom, which he longed to be rid of, and which you pretended you could not pay without such an Act; these being the true declared and intended causes of it, both in King and Parliament: There being not one word in the Act that authoriseth the two Houses to be a constant and perpetuall Parliament, which was never so much as intended nor pretended; and which if in the Act it had been absolutely declared, it had been a void and a null Act in it self, as being both against the nature of the Kings trust and Yours: which (as in your Book of Decl. part 1. pag. 150. you declare) is, to provide for the peoples weal, but not for their woe; for their better being, but not for their worse being. For, your Interest and the Kings both being Interests of Trust, as your Declarations do plentifully and plainly declare, 1 part Book Decl. pag. 206. 266. 267. 382. but especially your present Junto’s late Declaration, against the late beheaded King, and Kingly Government of the 17 of March 1648, pag. 2. 11. 13. 15. 16. compared with 24. 25. 27. And all Interests of trust whatsoever are for the use of others, and cannot, nor ought not to be imployed to their own particular, nor to any other use, saving that onely for which they are intended, according to the condition and true intent thereof, 1 part Book Dec. pag. 266. 267. 700. And your trust is onely for the good of the Nation; which is the principall, or onely end of all Government in the Nation; as you confesse in your foresaid Declaration of March 17, pag. 6. and in 2 part Book Decl. pag. 95. 879. And therefore, if you had put the King upon such an Act as the establishing of a perpetuall Parliament, you had thereby destroyed frequent, successive and annually chosen Parliaments; for which you had been Traytors in the highest nature to your trust, in destroying the very PILLARS, LIFE, MARROW and SOUL OF ALL THE PEOPLES LIBERTIES, for the preservation of which they chose you, and which would shortly bring in (as is too evident at this day) greater disorders, confusions, and tyrannies then ever were in all the Kings Reign before; and so wholly and fully make your selves guilty of that which he was but in part (viz. the establishing of a perfect Tyranny by Law) an everlasting Parliament being ten thousand times worse then no Parliament at all; for no such slavery under the cope of heaven, as that which is brought upon the people by pretence of Law, and their own voluntary consents; and no greater Treason can there be in the world committed, then for an interessed Power to keep their Commission longer then by the letter, equitie or intention of their Commissions their Masters really intended they should; especially when it is kept by force of Arms, to the Masters hurt, and the danger of his total destruction, for the meer advancement of their servants and their Associates: all which is the case of your pretended Parliament, whereof you are now Speaker, and that you were never intended to sit so long as you have done, nor to be everlasting. I shall here recite the Act it self verbatim, the onely and alone pretence of a Commission you have, and then take it in pieces by paraphrasing upon it. The Act it self thus followeth:
Anno XVII CAROLI Regis.
An ACT to prevent inconveniences which may happen by the untimely Adjourning, Proroguing, or Dissolving of this present PARLIAMENT.
WHereas great Summs of money must of necessity be speedily advanced and provided for the relief of his Majestie’s Army and people in the Northern parts of this Realm, and for the preventing the imminent danger this Kingdom is in, and for supply of other his Majesties present and urgent occasions, which cannot be so timely effected as is requisite, without credit for raising the said moneys; which credit cannot be obtained, untill such obstacles be first removed as are occasioned by fears, jealousies, and apprehensions of divers of his Majesties loyall Subjects, that this present Parliament may be adjourned, prorogued, or dissolved Before Justice Shall Be Duly Executed Upon Delinquents, publick Grievances redressed, a firm Peace betwixt the two Nations of England and Scotland concluded, and before sufficient provision be made for the repayment of the said moneys so to be raised: All which the Commons in this present Parliament assembled having duly considered, do therefore humbly beseech your most excellent Majesty, that it may be declared and enacted,
And be it declared and enacted by the King our Soveraign Lord, with the assent of the Lords and Commons in this present Parliament assembled, and by the Authority of the same, That this present Parliament now assembled, shall not be dissolved, unlesse it be by Act of Parliament to be passed for that purpose; nor shall be at any time or times during the continuance thereof, prorogued or adjourned, unlesse it be by Act of Parliament to be likewise passed for that purpose: And that the House of Peers shall not at any time or times during this present Parliament, be adjourned, unlesse it be by themselves, or by their own Order: And in like manner, That the House of Commons shall not at any time or times during this present Parliament, be adjourned, unlesse it be by themselves, or by their own Order; and that all and every thing or things whatsoever done or to be done, for the adjournment, proroguing, or dissolving of this present Parliament contrary to this present Act, shall be utterly void, and of none effect.
The true intent and meaning of this Act in the Framers, Makers, and Contrivers of it, was meerly to secure their sitting for some-reasonable time, that so they might be able to apply fit plasters to the great sores of the Nation, and not be broken up suddenly, before they had applyed them to the sores, and laid them on; and their fear was, the King would, as he used to do, dissolve them suddenly; security from which was their onely end in procuring this Act, and not in the least to make this a perpetuall Parliament; which I demonstrate thus:
First, A perpetual Parliament is repugnant to the Act made this Parliament for a Triennial Parliament (which in your Declarations is so highly extolled after the making of both the Acts:) for how can every three yeers a Parliament be begun, if this be perpetuall? which by the Act may be so, if the two Houses please. But in all the Act there is not one word of the annihilating or repealing of the Act for a Trienniall Parliament; which, if it had been intended, it would have mentioned, and not left such a businesse of consequence in any doubtfulnesse whatsoever: and the not mentioning of it, is a cleer declaration to all the Readers of it, That their designe solely in the last Act, was onely to secure themselves from the Kings sudden and quick dissolving them at his wil and pleasure. And therefore,
Secondly, In Law, according to the constitution of our Parliaments, an Adjournment of the Parliament makes no Session; howbeit, before the Adjournment the King gives his assent to some Bils; as is plain out of Cooke, 4 Instit. chap. High Court of Parliament, fol. 27. authorised to be printed by the late Parliament, in its purest purity for good Law.
Thirdly, In Law there is no Session in a prorogation or dissolution of the Parliament; they are the words of Cook himself, fol. 27. ibid.
Fourthly, This Parliament, as appears by the Act for not dissolving thereof, before mentioned, cannot be prorogued by the Kings but by Act of Parliament: but there had been as yet no Act of Parliament in that behalf: and therefore all the Acts of this Parliament are in law Acts of one Session, as appears by Plowd Com. 33. H. 8. Bro. relation 36. Bro. Parl. 86. Dier 1. M. 85.
Fifthly, In Law, all Acts of one Session, relate to the first day of the Parliament, and all the Acts of such a Parliament are Acts of one day; so the Act for the Triennial, and the Act for this perpetual Parliament, are two Acts of one day, by the Law.
Sixthly, the 4 Edw. 3. chap. 14. & 36 Edw. 3. chap. 10. forementioned, declares that a Parliament ought to be holden once every year, and more often if need be, those very Acts are every clause of them confirmed this Parliament, which also provides, that in case the King break those Laws, and do not annually call Parliaments, as is before declared, that then the Lord Keeper, whether he will or no, shall call a triennial one. Now I would fain know of any rational-man, How an everlasting Parliament doth agree with a Parliament once every yeer, or oftner if need require, or with the intention of those Laws? And how doth a Parliament every three years (provided for as sure as its possible for Law to provide, (in case the King annually should not cal one) agree with a Parliament for ever, which may be by the letter of the perpetual Act, if the two Houses please?
The conclusion of all is this, that at one day in law, the late Parliament passed two Acts, (for, howbeit the one was in the 16 of the King, and the other in the 17 year of the King: yet both in law are Acts of one day) the one saith, the King shall call a Parliament once a year, after the sitting of this Parliament, and in case he doth not, the Lord Keeper, &c. shall call a Parliament three years after the sitting of this Parliament. The other Act in the letter, or litterall construction of it, saith, this Parliament shall sit for ever if the two Houses please. The one will have a Parliament with an end, the other a Parliament without an end: Now the question is, which of these two was the true intent and meaning of the Makers of this Act: for as Learned Cook rationally and well observes in his excellent exposition of the 1 Eliz. chap. 1. 4 part. Institut. fol. 328. (which Act established the power of the High-Commission, that by colour of this Statute did many barbarous and illegall things) such an interpretation of ambiguous and doubtfull things is alwayes to be made, that absurdities and inconveniences may be avoyded; but the highest absurdities and inconveniences in the world would follow, if this last Statute should be taken according to the literall construction of it, and not according to the equity and true intent and meaning of the makers of it, which was not to make this everlasting if they pleased, and so totally to destroy annuall Parliaments, or in the Kings default of calling them, then trienniall Parliaments whether he would or no, but only to secure them from the Kings sudden breaking them up at his pleasure: that so they might sit some reasonable short time to dispatch the great business of the Nation; and that reasonable time cannot by any words (or the true meaning of any) in either of the Statutes, Be rightly interpreted to be above a year at most, especially from the date of the last; for the laws (in the right and true meaning) notwithstanding the last Act, were yet still in force to binde the King to call Annuall Parliaments; but two Parliaments by Law cannot sit together: but without two Parliaments should sit together, (viz. An everlasting one, and an annuall one, which is our right by Law) we cannot enjoy the benefit of those good and excellent Laws, for Annuall Parliaments or oftner if need require. And therefore to take the utmost extent of the length of that time, the two Houses were enabled to sit by vertue of the force and power of the last Act, it could not be above a year at most, from the day of the date of it, and yet they have sate almost eight since, by vertue and colour of that alone, and of nothing else in law, having no other visible Commission under the Sun, to authorise them to destroy our undoubted naturall and legal Rights, of having often and frequent successive Parliaments totally new, which they have done by their long and unwarrantable sitting, principally to enrich the most of themselves, and enslave our spirits.
And that an everlasting Parliament was never intended by that Act, I think their own words printed in December, 1641. which was immediately after the passing that Act, will easily decide the controversie.
And in their or your first Remonstrance of the state of the Kingdom, after excusing of your selves from any invasion of the rights of the Crowne, 1 Part. Book Declar. pag. 16, 17. there is these very expression, viz. The trienniall Parliament, for the matter of it, doth not extend to so much as by law we ought to have required, there being two Statutes still in force, for a Parliament to be once a year: And for the manner of is, (viz. THE TRYENNIALL PARLIAMENT) it is in the Kings power, that it shall never take effect, if he by a timely summons shall prevent any other way of assembling. In the Bill for continuance of this present Parliament, there seems to be some restraint of reall power in dissolving of Parliaments, not to take it out of the Crown, but to suspend the execution of it for THIS TIME AND OCCASION ONLY, which was not necessary for the Kings own security, and the publique peace, that without it we could not have undertaken any of these great charges, but must have left both the Armies to disorder and confusion, and the whole Kingdom to bloud and rapine.
Which words are a plain and cleer demonstration, That the intention of the makers of the foresaid Act was never to make this a perpetuall Parliament, but onely for some reasonable time, to secure their sitting from the King’s sudden breaking them up when he pleased; whose hands were now tied therefrom by this Act: which thing onely is and was the clear meaning of the makers of it.
And that the generall words of a Law, or the literal sense of it, when they hold forth absurdities, and inconveniences, and visible mischiefs, are to be interpreted and controuled by the intent of them that made it, is clear, from their own Oracle Sir Edw. Cook, who in his exposition of the foresaid Statute of 1. Eliz. chapt. 1. in his 4 part Institutes, fol. 330. hath these very expressions: Now that divers and many other Acts of Parliament (BESIDES THIS OF ELIZ.) which are generall in words, have, upon consideration of the mischief, and all the parts of the Act, (for the avoyding of the inconvenience and absurdity that might follow) received a particular interpretation, it appeareth in books in cases of far lesse inconvenience and absurdity.
Plo. Com. in Stowels Case fol. 369. The Preamble is to be considered, for it is the key to open the meaning of the makers of the Act, and mischief which they intend to remedy. The Judges of the Law have ever in such sort pursued the intents of the meaning of the makers of such Acts of Parliament, as they have expounded Acts generall in words to be particular, where the intent hath been particular (which are the words of the Book) And therefore upon that rule it is there adjudged. That where the Statute of 7. Edw. 6. is generall, IF ANY RECEIVER OR MINISTER ACCOUNTANT &c, RECEIVE OF ANY PERSON ANY SUM OF MONEY FOR PAYMENT OF ANY FEES, &c. HE SHALL FORFEIT vi s. viii d. FOR EVERY PENNT. That this do not extend, according to the generality of the words, to the Receiver of common persons, because these words subsequent be added (otherwise then be lawfully may by former Laws and Statutes.) Now the Judges restrained the generality to a particular, to the Kings Receiver onely; for that no Law or Statute was formerly made concerning common persons Receivers, &c. But in the Case in question, as well the precedent clause of Restitution, as the subsequent clause expressing offences in particular, and the words in the same generall sentence, viz. UNDER YOUR HIGHNESSE, &c. and principally the cause of the making of this Act do qualifie the generality of the words. And yet notwithstanding it was resolved by all the Court in the said case of Stradling, fol. 203. a. That the Receiver of common persons were within the words of the said Statute. But there it is said, that if a man consider in what point the mischief was before the Statute, and what thing the Parliament meant to redresse by this, he shall perceive that the intent of the Makers of the Act, was to punish onely the Ministers of the King. And a little after the Judges say, That the stile of this Act is, AN ACT FOR THE TRUE ANSWER OF THE KINGS REVENUES. And by this also the intent of the makers of the Act is to be collected; and these be the words of the Book, which is a far stronger case, then the case in question.
4 Ed. 4. fol. 4. & 12. Every Statute ought to be expounded according to the intent of them that made it, where the words thereof are doubtfull and uncertain, and according to the rehearsall of the Statute; and there a generall Statute is construed particularly, upon consideration had of the cause of making of the Act, and of the rehearsell of all the parts of the Act.
To conclude this point with a generall Rule allowed by all Laws in construction of Statutes, viz. Although the Law speak in generall terms, yet it is so to be bound up or accepted, That WHERE REASON CEASETH, THERE THE LAW CEASETH: FOR, SEEING REASON IS THE VERY LIFE AND SPIRIT OF THE LAW IT SELF, the Law giver is not to be esteemed to respect that which hath no Reason; although the generality of the words at the first sight, or after the letter, seem otherwise. Mark, I intreat you, these last words well, for they are strong and full.
And much more is there to this purpose: for he is most excellent in his exposition of the said Statute of 1 Eliz. 1. And that this equitable and intentionall manner of expounding Laws in dubious cases, or where absurdities or mischiefs do depend upon the taking of it in the litteral sense, is justifiable, legall and good, is unquestinably demonstrated our of your own 1 part Book Dec. pag 150. in these very words, viz. That there is in the Laws an equitable and literall sense. His Majestie (let it be granted) is intrusted by Law with the Militia; but ’tis for the good and preservation of the Republique, against forraign Invasions and domestick Rebellions: For it cannot be supposed that the Parliament would ever by Law intrust the Militia against themselves, or the Common-wealth that intrusts them to provide for their WEALE, NOT FOR THEIR WOE. So then, when there is certain appearance, or grounded suspicion, that the letter of the Law shall be improved against the equity of it, (that is, the publick good, whether of the body reall, or representative) then the commander going against its equity, gives liberty to the commanded to refuse obedience to the letter: For the Law taken abstract from its originall reason and end, is made a shell without a kernell, a shadow without a substance, and a body without a soul. It is the execution of Laws according to their equity and reason, which (as I may say) is the spirit that giveth life to Authority, the letter kils.
Nor need this equity be expressed in the Law, being so naturally implyed and supposed in all Laws that are not meerly Imperiall, from that analogie which all Bodies politick hold with the naturall, whence all Government and Governours borrow a proportionall respect. And therefore when the Militia of an Army is committed to the Generall, it is not with any express condition, that he shall not turn the mouthes of his Canons against his own souldiers; for that is so naturally and necessarily implyed, that its needlesse to be expressed; insomuch as if he did attempt or command such a thing, against the nature of his trust and place, it did ipso facto estate the Army in a right of disobedience, except we think that obedience binds men to cut their own throats, or at least their companions.
Yea, the very title of the Act in hand literally declares, it was never intended to be perpetuall; no, nor to extend to so long a time as to be mischievous to the Common-wealth, by subduing the Soul of all our Liberties, frequent and annuall Parliaments, elected wholly and totally new; for it is called, An Act to prevent Inconveniences which may happen by the untimely adjourning, proroguing, or dissolving of this present Parliament. Mark the words well, and it puts all out of dispute, that this Act was but meerly done to tie the Kings hands for a certain reasonable time, that so it should not be dissolved untimely: and the Title declares, it was made to avoid Inconveniences, and therefore not to beget and increase them; which it must needs do as is already fully proved, if it destroy frequent, successive, annuall Parliaments.
But yet once again more fuller: Reason and Nature it self saith, yea and the Law of England saith, That when an Act of Parliament is against Common Right, or Reason, or repugnant, or impossible to be performed or kept, the common Law shall controul it, and adjudge this Act to be void: they are the words of the Law, 1 part Dr. Bonham’s Case, fol. 118. & 8. Ed. 3. fol. 3. 30. 33. E cessavit 32. & 27. H. G. annuity 41. & 1 Eliz. Dier 313. & 1 part Cooks Institutes lib. 3. chap. 11. & 209. fol. 140 a. An Act of Parliament that a man shall be a Judge in his own case, is a void Act in Law, Hubbert fol. 120. and the 8 part Cooks Reports in Dr. Bonhams case. See the Army Book Declar at. pag. 35. 59. 61. 63. 143.
First therefore let us begin with Common Right; and we shall easily see this perpetuall Act is against that For it is against common Right, that indebted men (as most, if not all Parliament men are) should not pay their debts. Or that, if any Member of Parliament do any of the People of England wrong (as daily they do) by unjust and unwarrantable disseising of him or them of his land, or dispossessing him of his goods, or blasting of his fame, or doing violence to his person by beating, wounding, or imprisoning, &c. that such persons, during their lives, by a priviledge of Parliament (that was intentionally good and just in its institution, when Parliaments were often and short) should be protected and secured from all manner of question at the Law, by any parties so wronged by them, is absolutely against common Right. Nay, and more, That this should extend to multitudes of persons besides, that are their servants or attendants; and also that any, or all of these shall have the benefit of the Law in any Court of Justice in England at their pleasure, against any man whom they shall pretend wrongs them, are such transcendent and grievous enormities, that common Right abhors; and yet this, with a thousand times as much more as bad as these, are the fruits of a perpetuall Parliament, if they please; which tends to the utter destruction of all mens actions, reall, personall, or mixt, who have to do with Parliament men; as appears expressly by the Statute of Limitations of the 21 of James, chap. 16. which strictly confines all manner of Suits to be commenced within certain yeers after the occasion given.
Secondly, For common Reason: Parliaments were ordained and instituted (as is before truly and legally declared) for remedies to redresse publick and capitall grievances that no where else could be redressed: but it is against reason (and the very end of the Institution of Parliament) that Parliaments should make and create multitudes of publike and insufferable grievances; The law of the Land allowes no protection for any man imployed in the service of the Kingdom, but for a yeer at most, as to be free from Suits; and in many Suits none at all, howbeit he be in such services. But a perpetuall Parliament may prove a protection (in all manner of wickednesse and misdeameanours committed against other men, not of the Parliament, amongst any of whom they may pick and chuse whom they please, to ruinate and destroy) and that not for a yeer, but for ever; which is against all manner of Reason, or the shadow or likenesse of it. And therefore, as young Sir Henry Vane said against Episcopal Government in the beginning of his large speech of the 11 of June 1641 now in print, at a Committee for passing the Bill against Episcopall Government, so say I of an everlasting, or of any Parliament that shall do as you have done, in largely sitting beyond the time of your Commission. &c. That when any thing is destructive to the very end for which it should be, and was constituted to be; and not onely so, but does the quite contrary (as your House in every particular doth) certainly, we have cause sufficient enough to lay it aside; and not onely as uselesse, in that it attains not its end; But is dangerous, in that it destroyes and contradicts its end.
Thirdly, For Impossibilitie: The death of the King in law undisputably dissolves the Parliament, spoken of in the foresaid act, which is pretended to be perpetuall; for the Writ of Summons, that is directed to the Sheriffs, by vertue of which, Parliament-men are chosen, runs in these words: King Charles being to have conference and treaty with, &c. upon such a day, about or concerning (as the words of the Triennial Act hath it) the high and urgent affairs concerning his Majestie (and he writes US) the State, and the defence of the Kingdom and Church of England. But I would fain know how it’s possible for a Parliament to confer or treat with King CHARLES now he is dead: it’s impossible. See 2. H. 5. Cook tit. Parl. 3. part. And therefore the whole current of the Law of England (yea, Reason it self) from the beginning to the end, is expresly, That the Kings death doth ipso facto dissolve this Parliament, though it had been all the time before never so intire and unquestionable to that very hour; and it must needs be so, he being in Law, Yea, and by the authority of this very Parliament stiled, the head, the beginning, and end of Parliaments: See Cooks 4 part Institutes fol. 1. 3. Mr. Pym’s forementioned Speech against Strafford pag. 8. S. John’s forementioned argument against Strafford, pag. 42. And therefore as a Parliament in law cannot begin without the Kings presence in it, either by person or representation, Cook ibid. fo. 6. so it is positively dissolved by his death; for thereby not only the true declared, but intended end of their assembling (which was to treat and confer with King Charles) is ceased, and thereby a final end is put unto all the means that are appointed to attain unto that end: And therefore it is as impossible for this Parliament, or any Parliament to continue as long as they please, as for a Parliament to make King Charles alive again.
Fourthly, For Repugnancy: That which is but for a time, cannot be affirmed to have continuance for ever [it is repugnant:] but this Parliament in the intention of the makers of the Act, was to be but for a time, not above a yeer at most, after the date of the Act, as is before proved and declared from their own words; And therefore it cannot be reputed perpetual, for there is a repugnancy betwixt them.
Again, The King’s Writ that summoned this Parliament, is the Basis in law, and Foundation of this Parliament: If the Foundation be destroyed, the Parliament falls: But the Foundation of it, in every circumstance thereof, is destroyed: And therefore the thing built upon that Foundation must needs fall. It is both a Maxime in Law and Reason.
But if it be objected, The Law of Necessity requires the continuance of the Parliament against the letter of the Law.
I answer, First, Its necessrry to consider whether the men that would have it continue as long as they please, be not those that have created the necessities on purpose, that by the colour thereof they may make themselves great and potent; and if so, then that Objection hath no weight, nor by any rules of Justice can they be allowed to gain this advantage by their own fault, as to make that a ground of their justification, which is a great part of their offence. And that it is true in it self, is so obvious to every unbiased knowing eye, it needs no illustration: but if it shall be denyed by any of their pens, if God please to give further opportunity, I shall prove it to the full.
Secondly, I answer, There can no necessity be pretended that can be justifiable for breach of trusts that are conferred on purpose for the redresse of mischiefs and grievances, when the trust is perverted to the quite contrary end, to the increase of mischiefs and grievances, yea, to the subversion of Laws and Liberties. I am sure, Mr. Pym by their command and order, told the Earl of Strafford so, when he objected the like, and that he was the King’s Counsellor, and might not be questioned for any thing he advised according to his conscience. But saith Mr. Pym pag. 11. He that will have the priviledge of a Counsellour, must keep within the just bounds of a Counsellour. Those matters are the proper subjects of Counsel, which in their times and occasions may be good or beneficiall to the King or Common-wealth. But such Treasons as these, the subversion of the Laws, violation of Liberties, they can never be good or justifiable by any circumstance or occasion; and therefore (saith he) his being a Counsellour makes his fault much more hainous, as being committed against a GREATER TRUST. And in pag. 12. he answers another excuse of his, which was, That what he did he did with a good intention. Its true, saith Mr. Pym, Some matters hurtfull and dangerous, may be accompanied with such circumstances, as may make it appear usefull and convenient; and in all such cases, good intention will justifie evill counsell. But where the matters propounded are evill in their own nature, such as the matters are with which the Earl of Strafford is charged viz. To BREAK A PUBLICK FAITH, to subvert Laws and Government, they can never be justified by any intentions, how specious or good soever they pretended.
And that they have perverted the ends of their Trust more then ever Strafford did, I shall instance at present but in 3 particulars, the main ends of their Trust was to ease the People of their grievances; and what their Grievances were, are excellently reckoned up in the Parliaments first Remonstrance of the state of the Kingdom: First, destruction of their Trades by Monopolize, &c. Secondly, exhausting of their estates to maintain and promote pernitious designes to their destruction. Thirdly, their essentiall Liberties and Freedoms quite destroyed: Where is the remedy now? hath not the Parliament contrary to that, excellent, Law against Monopolize, of the 21 Jame., Chap. 3. of late erected Monopolise by Ordinances, Orders and Votes, (although in the first month of your sitting, you made Orders to throw down Monopolizers out of your House:) as particularly, Whale Oyle, White fine, Wyer, Tynn, with many others; yea, and continuing all the old Monopolies, Merchants, Companies that Trade beyond seas; yea, and set up for eternity that Monopoly of all Monopolies, the Excise; the bare endeavouring of which, they call an unjust and pernitious attempt in the King in the fore-mentioned, Declar. pag. 6.
And then for exhausting of their estates, the King did it by a little Shipmony and Monopolies &c but since they begun they have raised and extorted more mony from the people and nation then halfe the Kings from the Conqueror ever did, as particularly; 1 By Excise. 2 Contributions. 3 Sequestrations of lands to an infinite value. 4 Fifth Parts. 5 Twenty parts. 6 Meal-mony. 7 Saile of plundered goods. 8 Loanes. 9 Benevolences. 10 Collections upon their fast dayes. 11 New Impositions or Customes upon Merchandise. 12 Guards maintained upon the charge of private men. 13 Fifty Subsidies at one time. 14 Compositions with Delinquents to an infinite value. 15 Sale of Bishops Lands. 16 Sale of Dean and Chapters Lands, and now after the wars are done. 17 Sale of King, Queen, Prince, Duke, and the rest of the Childrens revenue. 18 Saile of their rich goods which cost an infinite summe. And 19 To conclude all a taxation of ninety thousand pound a month, and when they have gathered it pretendedly for the Common-wealthes use, divide it by thousands and ten thousands, apeere amongst themselves; and wipe their mouths after it like the impudent Harlot as though they had done no evill; and then purchase with it publique lands at small and triviall values; O Brave Trustees! that have protested before God and the world, againe and againe in the day of their straits, they would never seek themselves, and yet besides all this divide all the chiefest and profitablest places of the Kingdom amongst themselves; And then thirdly; what regulating of Courts of Justice, and abridging of delayes, and charges of Law suits have they performed as in their first Remonstrance they promised? Nay are they not worse then they were before the wars, and besides, then High-Commission, Star-Chamber and Counsel board were all downe; and have they not now made a Star-Chamber, High-Commission and Councel-Board of most of their petty Committees? but most dreadfull ones of the House and their New-Councel of State? as is evident to be seen in my Comrades and my illegall and arbitrary imprisonment, and cruel close imprisonment Thirdly, Nay have we at all any Law left Master Peters your grand Teacher averred lately to my face we have none?) but their meer wils any pleasures; saving Fellons Laws, or Martiall law, where men-Butchers are both informers, Partie, Jury-men and Judges; who have had their hands imbrued in bloud for above this seven yeares together, having served an aprentiship to killing of men, for nothing but mony, and so are more bloudier then Butchers that kill sheep and calves for their own livelihood, who yet by the Law of England, are not permitted to be of any Jury for life and death, because they are conversant in shedding of bloud of beasts; and thereby, through a habit of it, may not be so tender of the blood of men; as the Law of England, reason and Justice would have men so be. Yea, do not these men by their swords, being but servants, give what law they please to their Masters: the pretended Lawmakers of your house, now constituted by as good and legall a power as he that robs or kils a man upon the high-way.
But to conclude this tedious point, I shall end it with such an Authority, as to the ruling men in your House, must needs knock the Nail on the head, and that is with the Declaration of the Army, (Your Lords, Masters, Law givers, and Law-executers) who in their most excellent of Declaratrons of the 14 of June, 1647. About the just and fundamentall rights and liberties of themselves and the Kingdom, page 40, 41, 42. of their book of Declarations, after they have sufficiently cryed out of Stapleton and his party, for abusing, deluding and over-swaying the house from their true end for which they were assembled together: say thus,
But yet we are so far from designing or complying to have an absolute or arbitrary power fixed or settled for continuance, in any persons whatsoever; as that (if we might be sure to obtain it) we cannot wish to have it so in the persons of any whom we could must confide in; or who should appear most of our own opinions and principles, or whom we might have most personall assurance of, or interest in, but we doe, and shall much rather wish, That the Authority of this Kingdom in Parliament (rightly constituted, that is, freely, equally and successively chosen, according to its originall intention) may ever stand and have its course. And therefore we shall apply our selves chiefly to such things as (by having Parliaments setled in such a right constitution) may give most hopes of Justice and Righteousnesse, to flow down equally to all, in that its Ancient channell, without any overtures, tending either to OVERTHROW that foundation of Order and Government in this Kingdom, or TO INGROSS THAT POWER FOR PERPETUITY INTO THE HANDS OF ANY PARTICULAR PERSONS, OR PARTY WHATSOEVER.
And for that purpose though (as we have found it doubted by many men, minding sincerely the publique good, but not weighing so fully the consequences of things) it may and is not unlike to prove, that, the ending of this Parliament, and the election of a New, the constitution of succeeding Parliaments, (as to the persons Elected) may prove for the worse many wayes; yet since neither in the present purging of this Parliament, nor in the Election of a New, we can promise to our selves or the Kingdom, and assurance of Justice, or other positive good from the hands of men; but these who for present appear most righteous, and most for common good (having an unlimited power fixed in them during life or pleasure) in time may become corrupt, or settle into parties, or factions; or, on the otherside in case of new Elections, those that should succeed, may prove as bad or worse then the former. We therefore humbly conceive that (of two inconveniences the lesse being to be chosen) the main thing to be intended in this case (and beyond which humane providence cannot reach, as to any assurance of positive good) seem to be this, viz. to provide, that however unjust or corrupt the persons of Parliament men, in present, or future may prove, or whatever ill they may doe to particular parties (or to the whole in particular things) during their respective termes or periods, yet they shall not have the temptation of an unlimited power fixt in them during their owne pleasures, whereby to perpetuate injustice or oppression upon any (without end or remedy) or to advance and uphold any one particular party, faction or interest whatsoever, to the oppression or prejudice of the Community, and the enslaving of the Kingdom unto all posterity, but that the people may have an equall hope or possibility, if they have made an ill choice at one time, to mend it in another, and the Members of the House themselves may be in a capacity to taste subjection as well as rule, and may be so inclined to consider of other mens cases, as what may come to be their own. Thus we speake in relation to the House of Commons, as being intrusted on the Peoples behalfe, for their interest in that great and supreme power of the Common wealth (viz.) the Legislative power with the power of finall Judgement) which being in its own nature so arbitrary, and in a manner unlimited, (unlesse in point of time) is most unfit and dangerous (as to the peoples interest) to be fixt in the persons of the same men, during life or their own pleasures. Neither by the originall constitution of this State, was it, or ought to continue so, nor does it (wherever it is, and continues soe) render that state any better then a meer tyranny, or the people subjected to it, any better then vassals; But in all States where there is any face of common freedom, and particularly in this State of England (as it is most evident both by many positive laws and ancient constant custome) the people have a right to new and successive Elections, unto that great and supream trust, at certain periods of time, which is so essentiall and fundamentall to their freedom, as it is, cannot or not to be denied them, or witheld from them, and without which the House of Commons is of very little concernment to the interest of the Commons of England. Yet in this we could not be understood in the least to blame those worthies of both Houses, whose zeale to vindicate the Liberties of this Nation, did procure that Act for the continuance of this Parliament; wherby it was secured from being dissolved at the Kings pleasure, (as former Parliament had been) or reduced to such a certainty as might enable them the better to assert and vindicate the Liberties of this Nation, (immediately before so highly invaded, and then also so much endangered) and those we take to be the principall ends and grounds for which in that exigency of time and affairs it was procured, and to which we acknowledge it hath happily been made use of; but we cannot thinke it was by those Worthies intended, or ought to be made use of to the perpetuating of that supream trust and power into the persons of any during their owne pleasures, or debarring of the people from their right of elections totally new.
But it here it should be objected although the King be dead, yet the Parliament hath altered the Government into a Common-wealth, and so may if they please change the Constitution of Parliaments.
To which I answer, First, that those company of men at Westminster, that gave Commission to the High Court of Justice to try and behead the King, &c. were no more a Parliament by Law, nor a Representative of the people, by the rules of Justice and Reason, then such a company of men are a Parliament, or Representative of the People, that a company of armed Theeves chuse and set apart to try, judge, comdemn, hang, or behead any man, that they please, or can prevail over by the power of their swords, to bring before them by force of arms, to have their lives taken away by pretence of Justice, grounded upon rules meerly flowing from their wils and swords; for I would fain know any Law in England, that authoriseth a company of Servants to punish or correct their Masters, or to give a Law unto them, or to throw them at their pleasure out of their power, and set themselves down in it, which is the Armies case with the Parliament, especially at Tho. Prides late Purge; which I call (and will maintain to be) an absolute dissolution of the very essence and being of the House of Commons; and I would fain see any Law or Reason in Writing or Print to justifie that action, upon any other account, then in hindering them from raising a new Warr, and from destroying the peoples Liberties by their eternall sitting, seeing they keep their power longer by far then their Masters, or impowers the people intended they should, and also employ it to their mischief, by hindering them, (I mean those that had not acted against the Liberties of the Parliament) entering into a mutuall engagement to appoint rules whereby to chuse (seeing they cannot all meet in one place themselves) and impower new Trustees, Commissioners, or Representors, to make equall and just Lawes to bind all, and provide for their future well-being, there being no other may justly, either in Law or Reason; to settle this Nation in peace and quietness, but by one of these two means: First, either by admitting the King in again upon terms: or else, secondly, to lay foundations of a just Government, by an Agreement made amongst the generality of the people capable of it: and if any man upon earth can either by Law or Reason shew me a third way, that hath any more shadow of Justice in it, then for William the Conqueror, or the great Turk by their swords to give a Law unto this Nation, I will forfeit my life.
But secondly I answer, the main end of the peoples chusing of the Members of the House of Commons was not to come to Westminster to set up a common-wealth, especiall to invest all power in themselves, and with that at their pleasure rob and take away (by the rules of their wills) the liberties and lives of those that chuse them, and be unaccountable as long as they live, although they do what they please; therefore I would fain see any bit or shadow of a pretended Commission to this end, either in writing, or tacitly in intention; nay, or so much as in the thoughts of the major part of the Members themselves, when they were impowered; I am sure all their Declarations declare the contrary. And therefore I say, and will make it good against all the tyrannicall Sophisters in England, in a Publique dispute before the People, That the main end wherefore they were sent, was to treat and confer with King Charles, and the House of Peers, about the great affaires of the Nation, &c. and therefore are but a third part, or a third estate of that Parliament, to which they were to come and joyn with; and who were legally to make permanent and binding laws to the people of the Nation; and therefore having taken away two of the three Estates, (through a pretended necessity, for a pretended good end, the accomplishment of which can only justifie this act) that they were chosen on purpose to joyn with to make Laws; the end both in reason and Law of the Peoples trust is ceased; for a Minor joyned with a Major for one and the same end, cannot play Lord paramount over the Major, and then doe what it please; no more can the Minor of a Major, viz. one estate of three legally or justly, destroy two of three without their own consents, or the Authority of a higher power, then all given and deligated for that end intended and declared, which is the People, the fountain and originall of all just power, which they never did in their lives; and therefore the whole power of all is returned to them singly and alone, (but if any part of it is yet inherent in any, then it is in Prince CHARLES as Heir apparent to his Fathers Crown and Throne) over whom (I mean the people) no persons nor power on earth can now set no change of Government whatever, but what is done by their own mutuall consent by AGREEMENT AMONGST THEMSELVES, but with as reall a face of Tyranny, as ever was acted by any Conqueror or Tyrant in the world; unto which whosoever stoops and supports it is as absolute a Traytor both by Law and reason, as ever was in the world, (it not against the King, yet against the Peoples Majesty and Soveraignty, the fountain of all power on earth,) and the present setters up of this Tyrannicall new Commonwealth, considering their many Oaths, Covenants, Promises, Declarations and Remonstrances to the contrary, (with the highest promises and pretences of God for the People and their declared Liberties, that ever was made by men) are the most perjured, perfidious, false Faith and Trust, breakers and Tyrants what ever lived in the world; and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed, by how much the more under the pretence of friendship and brotherly kindness they have done all the mischief they have done in destroying our Lawes and Liberties, &c. Is any Treason like Judas his Treason? who betrayed his Lord and Master with a kisse: Is any murder in the world, like that of Joab committed unto Abner and Amasa? who while he kissed and embraced them with the highest declarations of friendly and brotherly affection, stabbed them under the fifth Rib, 2 Sam. 2. 27. & 10. 9, 10. Is any wrong or mischief done unto an ingenuous spirit, so bitter to his soul, as the treachery and baseness of a pretended and familiar friend? No undoubtedly, for against a professed enemy a man hath a fence, for he will not trust him, but is alwayes jealous of him: but against a pretended friend he hath none, for he lyes in his bosome, from whom he fears no ill, but sleeps in security, in the height of which he is ruinated and destroyed: which kinde of dealing was most bitter to Davids soule, which made him say, Psalm 55. 12, 13, 14, 15. For it was not an ENEMY that reproached me, then I could have born 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, a man, mine equall, MY GUIDE, MINE ACQUAINTANCE. We took SWEET COUNSELL together, and walked into the house of God in COMPANY: Let death seiz upon them, and let them goe down quick into hell, for wickednesse is in their dwelling, and among them, and let the present generation of swaying men, that under the pretence of good, kindness and friendship, have destroyed and trod under their feet all the Liberties of the Nation (and will not let us have a new Parliament) and set up by the Sword their own unsufferable, unsupportable Tyrannicall Tyranny; consider the ends of JWDAS and JOAB, and they shall finde, that for their treachery and blood; the one Hanged himself, and the other was executed in the Tabernacle of the Lord, at the horns of the Altar, whether he fled for refuge and sanctuary, 1 Kings 2. 30, 31. yea, also remember Cains treachery to his innocent brother Abel, Gen. 4, 8, 10, 11, 12, 13, 14.
Thirdly and lastly, I answer, the House of Commons sitting freely within its limitted time, in all its splendor of glory, without the awe of armed men, never in Law, nor in the intention of their chusers were not a Parliament; and therefore of themselves alone, have no pretence in Law to alter the constitution of Parliaments, especially as to free and successive Elections totally and wholly new; neither if ever it had been in the power of a true and reall House of Commons; Yet this present pretended One now sitting at Westminster is now a true House of Commons; as the Armies ancient Declarations doe notably prove; see their Book, Declar. pag. 125, 127, 134, 135, 138, 139, 140, 141, 143. For I would fain, know in Law, where Col. THOMAS PRIDE was authorised to chuse the people of England a Parliament; or to purge away at his pleasure by his sword three quarters of four of the House of Commons, (and so committed the affairs of Parliament to a few, which was never intended by the impowerers, but hath always been holden to be against the honor and dignity of a Parliment, and that no such Commission can or ought to be granted, no not by a legall Authority it self; see 4 part. Cooks Institutes, sol. 42. chap. High court of Parliament) and send whom of them he pleaseth to prison, without charge or declared crime, and to stand at the House door in a warlike posture, with Swords and Muskets to keep out whomsoever he pleased, against the Law and constitutions of Parliaments, which ought to Sit free from the force of Armed men, 4 part. Institut and let none goe into the House, but only those that he knew or did beleeve would vote AS HE AND HIS Masters WOULD HAVE THEM; For shame let no man be so audaciously and sottishly void of reason, as to call Tho. Prides pittifull Junto a Parliament, especially those that called, avowed, protested and declared again and again those to be none, that sate at Westminster the 26 and 27, &c. of July, 1647. when a few of their Members were scared away to the Army, by a few houres Tumult of a company of a few disordred Apprentices: And being no Representative of the people, no nor so much as a shadow of it, much lesse a Parliament, with pretence in Law, reason, Justice or Nature can there be for them to alter the constitution of successive and frequent Parliaments, and force upon the shew of their own wils, lusts, and pleasures, for Laws and rules of Government, made by a pretended, everlasting, nulled Parliament, a Councel of State, or Star-chamber, and a Councel of War, or rather by Fairfax, Cromwell and Ireton. And so much for my unsatisfiednesse in the present Authoritie.
But secondly, In case the Justices either in Law, or by reason of the power that now rules England, had to my understanding been a thousand times lesse unquestionable then it is, and had neither against the rules of reason ejected two parts of three to set up themselves, nor outstrip’d its Commission in sitting longer then they should, nor never had been forced once by the Apprentices, which the Army called and declared Treason, and those that remained a mock and pretended Parliament; and if so, then it was dissolved, being sine die, and could legally meet no more at all: nor once forced by the Army; and then the second time not onely forced, but pick’d and culled, and one of four left behinde, by means of which it was totally destroyed and annihilated, and none left in a manner but such as would do what those that left them would have them: I say, if none of all this had been, I could not with freenesse of my own spirit live upon the sweat of poor peoples brows, by a large Salary for my place, who are fain (now their Trades are gone, their estates spent for the intended recovering of their freedoms (of which notwithstanding they are cheated, and that by their pretended friends) and a famine come upon some parts of the Land, and thousands ready to starve) to pay taxations and Excise for the small beer they drink, and the poor clothes they wear, thousands of Families having never a penny in the world to buy bread for them, their wives and children, but what they earn with the sweat of their brows, and notwithstanding are almost as much without work, as without it: and yet out of the bowels, and pining bellies of these poor people, in this sad and deplorable condition must my salary have come, in case I had taken a publick place upon me: Therefore when I seriously consider how many men in the Parliament, and else-where of their associates (that judge themselves the onely Saints and godly men upon earth) that have considerable (and some of them vast) estates of their own inheritance, and yet take five hundred, one, two, three, four, five, six thousand pounds per annum salaries, and other comings in by their places, and that out of the too much exhausted publick Treasury of the Nation, when thousands, not onely of the people of the world, as they call them, but also of the precious and redeemed Lambs of Christ, are ready to sterve for want of bread, I cannot but wonder with my self, whether they have any conscience at all within them or no, and what they think of that saying of the Spirit of God: That whoso hath this worlds good, and seeth his brother hath need, and shutteth up his bowels of compassion from him, (which he absolutely doth, that any way takes a little of his little from him) how dwelleth the love of God in him? 1 John 3. 17. These actions and practices are so far from being like the true and reall children of the most high, that they are the highest oppression, theft and murder in the world, thus to rob the poor people in the day of their great distresse, by Excise, Taxations, &c. to maintain their pomp, superfluities, and debauchery; and many of those from whom they take it, do perish and sterve with want and hunger in the mean time; and be deaf and adamant hearted to all their Tears, Cryes, Lamentations and Mournful Howling Groans; without all doubt these pretended godly, religious men have got a degree beyond those Atheists or fools, that say in their hearts, There is no God, Psal. 14. 1. and 53. 1. And these are my reasons (with my resolvednesse of walking by a known rule amongst men, the declared Law of England) for not taking a publik place upon me, though I have often been proffered considerable ones, yea, that very fore-noon the Votes of Treason passed in the House against that honest Book or Addresse for which I am imprisoned, called, THE SECOND PART OF ENGLAND’s NEW CHAINS DISCOVERED.
In the third place, I considered with my self, that seeing I could do neither of these, then I must do one of these two; first, Either follow a Trade; or else, Go and buy, or farme some Land in the Country: and when I considered the grand oppressions there, as by Tythes, which is not onely annually the tenth part of the Husbandmans profit to the lazy, antichristian, time observing Priests; but annually the fourth part of his increase, labour, hazards, yea, and stock too; which Tythes I should sooner be hanged then pay: and not onely so, but also the Taxations and Excise, with that unfathomable gulf of free-quarter, by means of which a great Officer that bore me a spleen (amongst whom I have enemies enough) with a Regiment, or more, or fewer, in two or three nights (with free-quarter) might eat me (by force of arms) out of house and home; and so not only waste the increase, but also destroy the principall. And so for these reasons I was blockt off from going to live in the Country.
Then secondly, for a Trade, I must either follow it in London, or in some other Corporation: and in another Corporation (although the King the root and fountain of them be destroyed, and although I am not onely a Native and free Denizen of England, and served many yeers to learn a Trade in London, yet in any considerable Corporation in England) can I not with indrustry be suffered to follow a Trade or Merchandizing to get me bread, unlesse I be a Free man thereof; yea, Newcastle, the chiefest place in my eye, being nigh the aboad of my Father and kindred, is so grand inhaunsing a Monopolizer, that it monopoliseth the River of Time, yea, and the land for seven miles distance; although it can produce neither Law nor Reason therefore, but onely a large bribing purse of the whole Corporation; which they in that Town say, is so heavie, it will break any private particular mans back: which yet I should not have feared, had there been any equall Law to have been had from the Administrators thereof in any of the Courts of Justice in England, being as well able (at least in my own thoughts) to plead my own case in Law at any Bar against an inhaunsing Corporation, or a Patentee Monopolizer (both of which are against the fundamentall Laws and Liberties of England, as is notably proved by Cook in his exposition of the Statute of Monopolies, 3 part Instit. fol. 181. 182. &c.) as any Lawer in England, it being my undoubted right both by Law (Sec. 28. Ed. 1. chap. 11. and the Statute that abolished the Star-chamber) and Reason, to plead mine own cause, or any of my friends that will chuse and trust me; as any Barristers in the Nation, which I will publickly dispute with any Lawyer any day in the week; and for the unjustnesse of Corporations and Monopolies, which are both sons of one father, read my forementioned Book, called, Innocency and Truth justified, from the 46 page to the 63. and my book called, Londons Liberties in Chains discovered, but especially pag. 21. 22. 36. 38. 41. 43. 44. 45. to 58. And my second part of it, called Londons Charters, pag. 36. 37. to 64. So being for the foregoing reason block’d off from following a Trade any where else but in or about London, where I had the choice of three things.
First, Either to set up a Shop in the City; which I was staved off from, for these Reasons:
First, Because the Court of Aldermen are so oppressive in their Government of the City, setting up their own wills, humours, and irrational ridiculous Customs above both the Law, Reason and their own Charters; which I knowing so well as I do, (and which is pretty well anatomized in my foresaid Books) I should never bear, and so be continually in broils, which was my earnest desire to avoid.
Secondly, A man cannot well keep any considerable Trade in a shop but he must trust much; which a man many times hazard the losse of; especially in these impoverishing times, or else to Law for it, which I never loved (never having had two Suits in my life, that I can remember) not onely for the jangling part of it, but also for the tedious, chargeable, intricate, hazardous uncertainty of the proceedings therein, as the Judges on purpose have made it to get money: for being often in company with an able, and a very honest man for a Lawyer, with other understanding friends, where we had notable discourses of the abuses of the Law, which were particularly instanced to be many, I took special notice of two things he often averred (to his praise I speak it) besides the proceeding for the most part in an unknown tongue, and an unlegible hand as writes, &c. which two things were these, that he would make good;
First, According to the practice in Westminster Hall, ‘If a man lent another man 100 l. 500 l. or 1000 l. &c. and had as good security as any in England can give; yet when the day of payment comes, if the party be a crafty baffling man, and have a good purse, he shall keep a man in the Courts in Westminster Hall three or four yeers in suit, let him do the worst he could, before he could get his money; nay, nor never shall get it neither, unlesse he have a purse also able in some reasonable measure to hold pace with him: but in case in any of that time (by sicknesse, losse or other casualties) he happen to fall poor, and so not able in money to pay fees, &c. its lost for ever: besides all this, the hazards he runs (are sufficient) by being betrayed, bought, and sold by his Solicitor or Atturney, &c. Besides the danger of common Knights of the post, to swear the money’s paid, &c.
Secondly, He did averre, that he would make it good before the Speaker at the Bar of the House of Commons upon his life; that for the Chancery (which trades men upon book accounts &c. are subject often to use, and there is not a decree of 100 l. from one yeares end to the other made in that Court, but jumbling all the decrees together one with another, some suits holding 10, 15, 20, 30 yeares, nay some above, but first and last it costs the Plaintief 500 l. for every hundred pound decreed one with another; O brave, honest and reforming Parliament who in three dayes might mend all this easily and plainly by a County record, by which a Suit never need to be of a months continuance, and for which they have often been Petitioned, but yet will not, but suffer it to continue worse then they found it, for all their great promises in their first Romonstances, &c. to the contrary; yea and give their Judges their places freely, and 1000 l. per annum out of the Common-wealths mony, besides all their illegall and unfadomable fees; whereas in the Kings time they had but 200 l. per annum sallery and their fees; and most commonly paid 5, 6, 7, 8, 9000 l for their places, and yet were every whit as just as these are, for any thing that ever I could hear of to to the contrary, and I think I have enquired as diligently into both as any one private man in England hath done; so for these reasons I durst not meddle with a shop in London.
And then in the next place, having multitudes of acquaintance both in City and Country, I had thoughts out of the Cities Freedom to turn Soap-boyler, being a good trade and most vendible for ready mony, and in it I met with these discouragements; viz. First, That there are new Monopolies upon some of the principall materials that makes them double prised to what they used to be, which most commonly are all imported from beyond seas, as oyl, tallow and pot-ashes, for which is paid both custome and Excise, yea and for the very coles that boyles them 4 or 5s. in a Chaldron; and scarce any thing free from Excise that belongs to it, or to the backs or bellies of the men that work it, but the very water; and yet notwithstanding when it is boyled and all hazard run, as spoyling or breaking of vessels, falling of the price of sope, or none vending of it, besides many other accidentall casualties, yet out of the very swet of his brows and the industry and labour of the very fingers ends, there must Excise be paid of so much a Barrell; and that which is worst of all is this, my House which used to be my Castle, and so it is by Law, night or day must be at the Knave Excise mans pleasure, to search and break open for unsealed soape when he pleaseth; nay, notwithstanding all this I must be had to take my oath (after they will not trust me, but have searched what they can) at the Excise Office, that I have made no more but so and so, and it may be I judge such an Oath altogether unlawfull, and therefore cannot take it, and therefore to prison without any more adoe I goe, and must be fined at the will of the chief Excisers, and pay a noble a day to the Serjeant at Armes, besides his mans fees; and if I do take my oath can forswear my self, I hazard the Pillory for perjury besides the wounding of my conscience; but if I be consciencious that I cannot set my conscience upon the tenter-hooks by forswearing of my self; then I am destroyed in my trade by others that will undersell me by this stealing Excise, and swearing soundly to the contrary too, judging it (with Cromwell, as Major Huntington in his impeachment of him declares) no sinne it may be to deceive the deceiver or oppressory and all this lyes upon us; in the first year of Englands Freedom by the Conservators of the Liberties thereof, who yet zealously and for the peoples welfare chopt of the Kings head for tyranny & oppression, although his loynes were never so heavy as their little finger is, O brave, unerring, unswerving and everlasting, nonesuch Parliament;
And therefore last of all I had thoughts towards Winter to buy of my Unkle at Sunderland to lay up some coals at my habitation in Winchester-house, to sell in January and February, and in the mean time to lay out my mony in some adventure for Holland, and there I met with these difficulties: First, although, I was as wary as any man in England could be, to see that Master Devenish title to the house was good in Law, and so I might justly and quietly expect the injoyment of my bargaine from him; And thereby I see First his deeds, and the Parliaments Ordinances thereupon, and Secondly I went and spoke with Master Iohn Cook the Lawyer, who drew up the conveyances betwixt Master Devenish and Master Young, of whom Master Devenish for his life bought all Winchester House in Southwark; by all which, but especially from Master Cooks owne mouth, I cleerly and evidently found Master Devenish had as good a right in all Winchester house, for Master Youngs life both by Law and Ordinance, as its possible for any man in England to have to the cloaths he wears, or any thing else that he possesseth, although he takes the advice of twenty Lawyers in the buying and purchasing of them; which incouraged me to strike a bargaine with him for three years, for as much of the House as I am to pay annually almost 20l. and yet since a Committee of Members with the Trustees of Bishops Lands will needs turne me and the honest man (by force of Armes) out of his Legall possession without any valuable consideration, or rendring at the least any reason wherefore, but only their Soveraigne wills and pleasures. O BRAVE PARLIAMENT JUSTICE! without all doubt this is the liberty of the people, and the Law of the Land, that we have been contesting and fighting for these seven yeers together, or at least as much as they intend (now they have conquered us with our own mony and our own hands) we shall possesse and enjoy this unrighteous molestation, which with their illegall imprisoning of me hath spoyled a coal-Merchant of me for the present.
And in the second place, as my adventuring to Holland, when I came to inquire after the nature of that, I found these difficulties therin, First, A strict Monopoly, that none whatsoever shall ship any white cloth for that place but the Monopolisers themselves, and Secondly a general monopoly upon woollen commodities whatsoever, that unlesse you do as good as tell a lye; I found merchants still continued to be the chief customers, who it seems have a trick to steal whole ship loads of custome for their own use, by means of which they undersell any other merchant, yea and thereby break the backs of new beginners; for being at my first inquiring thereinto with Master William Kiffin my quondam servant, though now my profest and blood-thirsty enemy, he told me a little before, he was one day at the Custome-house, and the chief men there had catcht a poor man that had stolne some custome, for which they were about fining and punishing him, why Master saith he to one of them in Kiffins hearing as he averred to me) will you be so angry with me, and so harsh to punish me for a small toy, when I am but your own scholler, for I am sure its but the other day since by your own directions I helpt you to steal in a manner a whole ship load of uncustomed goods: and you being so well pleased with that, my thinks you should not be so angry with me for stealing a little custome for my self.
But then Fourthly, The Prince was Master of the Sea then, so that I durst not venture it in a English bottom, some of which had laid in the Thames divers weeks loaded and durst not stirre out for want of convoy, which they had sought much for then to the Parliament, but could get none; and to ship it in a Dutch bottom, it did not only give the traid of shipping to the Dutch, and so destroy our English Mariners, but also by law to ship it in Ducth bottom, it is confiscated or at least must pay the custome of Aliens or strangers as appeares by the statutes of 5 R 2. Ch. 3 & 6 R 2 cha. 8. & 4. H. 7. ch 10. & 5. & 6. E. 6 cha. 18. & 1 H. 13. But having bought some cloth and stuffs I was necessitated to run the hazard of shipping them in Dutch bottom; but English woollen commoditie; being so great a drug in Holland as they are by reason of the merchant monopolisers, alias merchant adventurers, that ingrosse the trade to themselves, and buy their cloth here at what rates they please and sell it in Holland as dear a list; and so care not how little they vend so they get mony enough by that they sell and disable all others from trayding, by meanes of which the poor people here that depend upon cloth-making, wanting work are necessitated to leave the land of their nativity and goe to Holland to make cloth for the dutchmen to get bread to keep them alive; whereby they have almost got the English cloth making traid, and our wise, just and long winded Parliament, are willing they should so do, or else almost in nine years time they would have given some satisfactory effectuall answer in those multitudes of Petitions that have year after year been preferred to them, complaining of these unsufferable and destroying grievances, and yet they can assume to themselves a stile of the Conservators of the Liberties of England in the first year of Freedom, but I wonder where it is, for my eyes can see none at all in any kind, but rather more bondage then ever, witnesse now their Treason-trap, &c.
So English cloath being so great a drugg there, that little profit could I expect by my adventure, unless I laid out in the return most of my mony in such Commodities as are monopolized by new Patents, Ordinances, against the Laws and Liberties of England, and if I so did, when they come here (if the Monopolizers catch them) they are all lost; so here is our Freedom, but yet notwithstanding, I did order my factor to lay out the most of my mony there, in such commodities only, being resolved as soon as I could here of the ships arrival in the river of Thames, to boord her with half a dozen lusty resolved blades; and with my own hand to give the chief Monopolizers a brace of pistoll bullets in his guts, or a prior with my Rapier or dager, in case he came to take away my goods from me; and then to run the hazard of a tryal at common Law, to see whether by the Law of God, and of England; I could not justifie the preservation of my self and my goods, from any that come to rob me of them, and rather kill him or them, that would assault me and them, then suffer him or them to take away by force my livelyhood, and so by consequence the life of me and my family, but the counsell of States robbing me of my liberty, by my close imprisonment in the Tower hath frustrated my marchandizing hopes, yea and it may be thereby break me to the bargin, but if they do, when they have seriously call up their gains by it, they will not be six pence the richer, though my wife and little babes may be much more the poorer: But to turn back again to my coming out of the North, besides the thoughts of my future substance, in some honest industrious calling or other, I spent some time at Westminster, to see and satisfie my own understanding how the true sail of things stood at the helm, I mean with the three great men of the Army, viz. Fairfax, Cromwell, and Ireton; and whether I could finde out they had any real thoughts to prosecute their Own Agreement, that so we might have a new, equal, and just representative, which I upon my principles (now they had laid Kingly Government aside) look’d upon as the only and alone earthly salve, to heal and cure the wounds of this distracted and dying Nation, and to make it flourish once again in peace, Trade and all kinde of outward prosperity, and without which our wounds could never be healed or cured by any other means that could be invented or continued, looking in my own thoughts upon the then final sitting remnant of the last Parliament, as a quite contrary interest to the peoples good or welfare; distributive Justice and universall righteousness, being their bane, and that which would be the unavoydable ruine by reason of that horrible guilt they have contracted by their self-seeking unjust wayes upon themselves; the great bug-bear the King being now gone, they would be necessarily led, for the supportation of themselves in the evill of their wayes, and continuance of their intended perpetual Greatnesse, to court, support, and make much of the chief Supporters of all the remaining corrupt Interest in England, as the Priests, and their robbing Tythes, the bane of industry; the Laywers, and their monopolizing pleadings, and all their old and base inslaving corruptions in the execution of the Laws, as bad in a manner as the old bondage of Egypt; and of old and illegall Charter-mongers, the inhaunsers, engrossers, and Monopolizers of Trade, and all the base bond ages thereunto belonging; the peoples freedoms and liberties being the onely thing now dreaded by them as the only engine to pull down all the steps they have long laid for their elective Kingship, and the single injoyment amongst themselves alone (and their vassals, slaves and creatures) of all the great places thereunto belonging, and thereupon depending, which yet they must not immediately do, but go about it gradually, and first get the power of seeming legall authority, into a narrower compasse then it was, in their purged House of Commons; that so that might rule, counsel and direct their mock Parliament; and the Councel of the Army might rule that; by means of which (what with the service of Ireland, &c.) they might so modulize their Army, that it in due time might totally become slavish by obeying without dispute what ever their great Officers command them, and so unanimously elect, and impose upon the people their present generall for their King, as the onely fit, able, and best deserving man in England for that soveraign Place; provided, under hand he would ingage too high and mighty Oliver, and his Son in law Henry Ireton, to be sure to do as they would have him, and in his Kingship to promote those that they would have advanced, that so one of them might not fail after his decease to succeed him; and so in time, with their long continued power and wils, keep it in their Line, as the onely deserving Family in this Nation, who saved it from its enemies (for their own ends) in the day of its distresse; whose battels it fought pretendedly for the Liberties of England, crying out Jehu. like, 1 Kings 10. 16. Come, See my zeal therefore in cutting off the Kings head, &c. and razing out his Family: And undoubtedly it is of the Lord, for he hath prospered me in it (and so he did Judas in betraying Christ) and none hath been able to stand before me, When as, alas, all this successe may be no more but the rod of God to chastise a then more wicked Family, designed by God to that destruction; for the transgressions, sin, or blood thereof; Yet for all this, the heart may be no more upright then Jehu’s was, vantingly lifted up by his great success, & took no heed at all to Walk in the Law of (Justice; Truth, and Obedience) the Lord God of Israel with all his heart, but followed after (Mans Inventions and Devices) JEROBOAM’S wickedness, to wit the golden calfs in DAN and BETHEL; for which wickedness and pride of his spirit, (after all his success in fulfilling the express will and command of God in cutting of from the earth Ahabs family, for the transcendent wickedness thereof) yet God begun to plague him, and in those daies cut Israel short ye and afterward for the pride and wickedness of his posterity (unto whom to the fourth generation God gave the Crown of Israel) for Jehu doing well in executing that which was right in his eyes, in utterly ruining of the house of Ahab for their [Editor: illegible word] wickedness, according to the heart and mind of God, vers 13. brought such plagues upon him and his people, that they became a spoil to all their neighbours, and finde their affliction very bitter; insomuch that there was not any shut up, nor any left, nor any helper for Israel chap. 14. 25. And as Jehu to the eyes of men conspired against his Master and killed him, being but a Captain in Israel; so Shalum the son of Jabesh conspired against the last of his race and smote him before the people and slew him, and raigned in his stead, Chap. 15. 10. but because those that followed after took no warning by the righteors and grievous punishment of their predecessors for their wickedness, to walk righteously and justly before the Lord;
Therefore he made their Raignes very short, and full of blood and bitter affliction; and brought their hands to their faces most commonly by Conspiracy, and that many times of their Servants & Captains; as the sequel of the Story shews.
And in my Observations and private discources at Westminster, I apparently found it to be as I feared, their main endevours being closely carryed on to perpetnate this Parliament for ever, and by it, a new (and then) endevoured to be erected Councell of State, and the Councell of Warr, for the future (by the rules of their wills) to govern this declared Free Nation arbitrarily; and to make some Grand examples of terror, as that none for time to come should dare to stir, Which I there clearly saw, to my vexation and trouble, but was inwardly forced to bite my lip and be silent: but that which perplexed me most was that I found promotion and promised hopes of honour and gain had very much changed the principles, and cool’d the zeal of three or four of my familiar acquaintance and bosome friends, that not long before had been visibly and frequently the valiantest, stoutest, ablest Champions for Englands Liberties and Freedomes that I know in the Nation; some of whom very fairly and smoothly dealt often with my self; to be as prudent and wise in acceptation of the favours, and familiar respects of great men, as they had done; and at my coming to town Duke Hamilton, and the stout Lord Capel &c. had newly entred upon the stage for the tryal of their lives, and I confess, I was exceeding curious, in satisfiing my self about the manner of dealing with them, and so up into the court I got and heard the begining of their defence, and afterwards went and spoke with them, looking upon them as part of the people of England unto whom if any injustice was done, it became a president to destroy me, or the most righteous man in England, if the swaying faction pleased, and seeing these men acknowledg themselves subject to the penal part of the Law, as well as the directive part (which the King never did but to his dying hour maintained, those two most ABOMINABLE AND ALL HUMAINE SOCIETY-destroying maximes viz. that he was accountable to no power on earth, (but God alone) as to punishment for any of his actions, though never so wicked: And secondly that the people have no share in Government, I thought my self and the liberties of my native Country concerned in the manner of their trial, though I neither then nor now liked the cause in which they ingaged) as knowing and seeing very well when the hedges and freedoms of our liberties and freedoms have but a gape broken downe in them, it is likely in time not only to become a path, but a high road way, to let in such an inundation of illegalities and arbitraries as shall overflow all and tread downe all underfoot, which is plainly to be read in Sir Walter Rawleys remarkable History of the Thirty grand Tyrants of Athens, in his History of the World, lib. chap. 9. sect. 2. fiol. And which in time might become a meanes to pervert all the whole Fabricke of the whole English Government, of which my mind being full, I argued thus with my selfe.
If it be these mens lives they would have right or wrong, then they should have killed them in the heat of bloud and not have given them quarter, or after quarter given should notwithstanding broke, and so have dispatched them by shooting or otherwise killing them in their Chambers or the like; but to reserve them many months, together alive, and bring them out in the face of the Sunne, pretending to take away their lives by the rules of Justice and Law. Well then what is done unto them in this case, must be just in the meanes and method of Justice as well as in the end, and the Law of England being their birthright and inheritance in every punctitio of it as well as mine or any mans in the Nation, and indeed the end of the making of the Law is for transgressors, by the rule of which their actions ought to be measured, the priviledges and benefit of which all their claime ought not to be denied (nay if they be ignorant of their legall priviledges, the Judge ought to instruct and inform them thereof) nay or any stander by else that is present at the tryal, and the law renders this reason, lest the prisoner at the Bar should unjustly lose his life by the errors of the proceedings of the Court, 3 par. insti. fol. 29. 137. Alasse, for a righteous man the Law was never made for him, neither hath he any need to claime the benefit of the severall priviledges of it, because he doth not transgresse it; but because so much malice and wickednesse is in the hearts of the sons of men, that many times the wicked and guilty accuseth the righteous and innocent, therefore the wisdom of our fore-fathers, and the righteousnesse of the Laws they made for us and have left unto us is such ‘that no man though never so notorious in publick fame, is to be esteemed or judged a guilty man or transgressor (in the eye of the law) till he be legally and duly convicted of the crime laid unto his charge by the rules and methods of the Law: the law of England is as much to be magnified, as Sir Edward Cock often stiles it, being a Law of mercy, ‘2 par. insti. fol. 315. favours much the life of man, because of all things in the world it is most precious, fol. ibid 30 see his exposition of magna charta in 2 par. inst. but especially fol. 42, 43. 46, 47. 51. 56. but above all read that most excellentest of all his discourses upon the righteousnesse, equity, safety, and justnesse of the tryall by Juries of 12, (Liber & legalis homo) free and legall men (NEXT) of the neighbourhood in his 1 par. Insti. lib. 2 chap. 12 Sect. 234. which Parliaments cannot destroy nor change, because it is impossible for them to find out a juster or better way of tryall and they are appointed to provide for our weale, but not for our woe, 1 par. book. Dec. p. 150. and not to doe what they list, but what they ought, 1 par. book. dec. p. 172. 206. 214. 266. 267. 383. 494. 497. 499. 656. 660. 666. 696. 706. 707. & 2 par. fol. 95. & Declarat. 17 March 1648. p. 6. 21, 28, 27. For all the idle pratings of any new upstart SONS OF BELIAL amongst us, such as the Author of the late abominable Book called the DISCOVERER [Editor: illegible word] which is commonly reported to be partly Master Frosts Secretary to the thing called the Councell of State, and principally that Apostate IOHN CAN late of Amsterdam, and now of the Parish of Bow, whose conscience by that appeares so broad that it will without doubt lead him to worship with the Turks Alkeron if it were in fashion, and fat livings to be got by so doing; But let all men in Authority and great places that ‘value their own heads and lives; Remember Dudly and Epsons punishments Privy Councellors to Henry the Seventh, for proceeding by the rules of their discretion in trials of causes, laying aside the tryals by Juries of twelve men, the ancient and undoubted birthright of the Subject 4 part inst. foli 41. for which they lost their heads as Traytors for subverting the fundamentall Liberties of the people, although they had an Act of Parliament (viz. 11 Hen. 7. ch. 3. recorded 4 par. inst. fol. 40) made by as unquestionable power in Law as ever was in being in England, in a free and full Parliament, consisting of King, Lords Spirituall and Temporall, and Commons; to authorise and bear them out in what they did, of whom you may read most excellently in Cooks inst. viz. 2 par. fol. 51 & 4 par. fol. 41. 197, 198. 199.
And in my musing with my self of their conditionn, my thoughts were something to this purpose, the actions done and acted by them, were either crimes or no crimes, crimes as to men they could not be, unlesse they were transgressions of a knowne and declared law in being in the Nation before their acts were done, (for saith the Spirit of Truth, Where there is no Law there can be no transgression, Rom. 4.15.) and if so then to punish them for their acts (or facts) any other wayes, or by any other rules, manner or methods then is by those Laws against which they had transgressed, is expressed and prescibed, is very grand injustice, and the most righteous and justest men in the world, (under such practises) can never be safe or secure, but are alwayes liable in liberty, estate and life, to be levelled and destroyed by the will, mallice and pleasure, of the present swaying grand faction, in which condition a man differs nothing from a brutebeast, but in shape; But the High Court of Justice, erected to try them, was a pretended Court of Justice, not knowne to the visible and declared law of England (being in its constitution altogether against all the English-Rules of justice, No nor in being when their facts were committed; And therefore had no pretence at all being but a new constitution to meddle with Judging of their facts committed before it had a being or was brought forth into the world. ‘Besides the erection of it (I mean a High Court of Justice) to try men for siding with the King in the late warrs against the Parliament is a meer and cleer giving away, and surrendring up the legallity of their cause into the Kings hands, telling the people in effect hereby, its true we have waged warre against the King, but if his sword had been as long as ours he might easily if he had pleased have hanged us all by the rules of Justice for transgressing a law in being.
But we having by the chance of war prevailed against him alass, we have no law of our sides; by the rules of which we can hang any of his party, but must be forced to take away their lives by the rules of our own wills and power; by rules of pretended Law made after their facts committed, and for the demonstrating of this unto all that have adhered unto us, we Erect a New High Court of Justice by new rules never known in England to try them, that so our friends that have adhered (to us, may see where they are, and betimes provide for their own safety, and never trust or beleeve OUR DECLARATIONS AND REMONSTRANCES ANY MORE; for though we formerly told you we had the Law of our sides; yet by our setting up this High Court of Justice, to be both parties Jury and Judges, we plainly tel you there was no such thing, but that then what we told you was lyes and falshoods, and that you should beleeve its no more: for though then we told you we would maintaine the Law, especially of Liberty and Propriety, and that it was transcendent wickednesse in us to destroy it and by our votes at our wills and pleasures to despose or levell all the peoples estates, liberties and properties; yet now we tell you, we never in our heart intended any such thing, but that our designe was totally (if we did overcome) never to keep any of our promises : but absolutely to destroy all Law, and by our absolute will, by all manner of new erected engins, to debase and breake the peoples Spirits, and to dispose of their liberties, estates and lives by the absolute rule of their own wills, and as a clear demonstration to your understanding that we never intended otherwise we erect this HIGH COURT OF JUSTICE, composed of such persons, as we know will obey and execute the absolute dictats of our wills, be they right or wrong, without ever examining whether our commands be consonant to law, reason, equity, justice or conscience, being of as absolute implicite faith in beleleeving of us (because we have promised they shall raign with us or under us) as ever any papish in the world were believing the Pope.
Thirdly, Admit this had been an unquestionable (representative of the people) Parliament, who by vertue thereof hath had a power to levy what mony they had judged convenient upon the people by general tax for the common safety of the Nation, which act both by law, and reason they may do; yet they cannot in law, equity or reason, lay all that tax upon three or four men alone, and make them bear all the charges of the publick; even so, although the Parliament may erect Courts of Justice, for the good of the people, to administer Law indefinitely to all the people of England alike without exception of persons; yet they can neither by Law, nor Reason, erect a Court of Justice on purpose to try three or four individual persons, and no more because it is against common equity, all Englishmen or people being all born free alike, and the liberties thereof equally intailed to all alike; and therefore in common equity and justice, three or four individual persons ought not to be burthened with an iron yoake, when the universal are only burthened with a wooden one; and therefore in this sence is my judgment, that that high Court of Justice was altogether unlawfull in case those that set it up had been an unquestionable representative of the people, or a legall Parliament, neither of which they are not in the least; but as they have managed their business in opposing all their primitive declared just ends, a pack of trayterous, self seeking tyranical men, usurpers of the name and power of a Parliament. I say considering with my self some such things as these are, I was something diligent at the beginning of their tryal to see and hear all; yea and often conversed with themselves but when I came to hear stout Capel make his defence for himself, (which was before he had any counsel assigned) and so Gallantly and accutely to plead the Law, and demand the benefit of it; which he did as acutely in my judgment, as ever I did hear any man in his own case in my life, alledging fiftly the Statute of 25. Ed. 3. chap. [Editor: illegible word] and cited the very word of those 2 notable Statuts for his benefit, of the 1. Hen. 4. chap. 10. and 11. Hen. 7. chap. 1. the last of which indemnifies the Kings followers in wars, and also cited the first and second of P and M. chap. 10. and pressed therefrom that all treasons should be tryed by the rules of the common Law and not by extraordinary ways and means according to the declared Laws in being citing the petition of right for the proof of that, looking round about him, and saying I am an English man, and the Law is my inheritance, and the benefit of the petition of right my birth-right, if for then saith he looking upon the president, wheres my Jury, I see none of my Jury, that is to pass upon me, I demand the right of my Jury legally pannelled, as my right by Law, without the verdict of whom I cannot in Law he condemned, and when it was replyed upon him by the president, that the members of the Court was the Jury; he most gallantly and resolutely answered to this effect, I hope you will not deny me the benefit of the Law, which you pretend you have fought this Seven years to maintain: I hope, Sir, You will not deny me the benefit of the Declarations of those by whose power you sit. And producing the Declaration (of the pretended House) made the 9th Febr. 1648. To maintain the Fundamentall Lavves of the Nation; he held it forth, and desired it to be read, which was refused by the President, telling him, They knew it well enough: Well then saith he, Here’s a Declaration made but the other day, wherein the Parliament declared: That they are fully resolved “to maintain, and shall and will uphold, preserve and keep the Fundamental Lawes of this Nation; for, and concerning the preservation of the Lives, Properties; and Liberties of the People, with all things incident thereunto; with the alterations touching Kings, and House of Lords already resolved in this present Parliament, FOR THE GOOD OF THE PEOPLE: And saith he, It is one of the Fundamentall Liberties of the Subjects of this Kingdom, to be tryed by Juries; and I hope you wil not deny me the benefit of the Parliaments Declaration, and so break it as soon as it is made: but all was to no purpose he must have no Jury, but Councell, if he would; at the denyall of which unto him, I confesse my heart was ready to sink within me, and my spirit was inwardly fill’d full of fire at these wretched men, whose now declared designe was cleer to tread under their feet all the Liberties of England, notwithstanding all their oathes and promises to the contrary; and then in that day in my own thoughts I clearly bid adieu unto all Englands glorious (amongst men) Liberties and dear-bought Freedoms, and much adoe had I in the open Court to containe my self from an avowed detestation of their ABOMINABLE WICKEDNES, my heart was so full; but being withdrawne I was something free in my discourse in all companies I came in but yet upon the principles of the Law and their own Declarations, as being almost overwhelmed to see what I then saw; and severall discourses I had with the prisoners, and divers of my books and law pleas, with Sir Iohn Maynards and the foure Impeached Aldermen I sent them, and much pressed some of them to put their lives upon the hazard of a Plea and protestation against the Jurisdiction of the Court, telling them if they dyed upon that score they would not only dy as lovers of the King their principall, but also of their Country, as brave Englishmen in the eyes of the people; where is if they stooped finally to their Jurisdiction, they might easily perceive they were resolved to sacrifice them, and if they so died they dyed upon a poor and beggarly score; yea in a manner upon the deniall of their own principals; but the Gentlemen having as to me appeared large promises of their lives upon conformity to the Jurisdiction of the Court were meerly gulled thereby of their lives, and could scarce ever beleeve the should dye till the house of death came upon them.
And yet not withstanding this, some of them sent to me, to desire me to be one of their Councell, to plead for them in matter of Law; unto whose friends I returned an Answer to this effect, that I could not be so unworthy in my own estimation, as to plead any plea they could plead for a justification of their actions (though I confessed there were much in law to be said for them; if [Editor: illegible word] as the case stood with them) unlesse it were a plea and protestatian against their Jurisdiction; and so procrastinate their tryall, if it were a possible till a new Parliament; upon which plea, I could willingly have ventred my heart blood for them, because my interest, and the interest of all the free and honest men in England was as much concerned in that fatall president of that abhominable and wicked Court, as Capell or Hambletons life; &c. was but they would not venter there, and so I declined them: And when Holland came to it, a Lady, and some other of his friends came to me, to my house about him; but I was still upon the same string, yet sent him word of severall particulars, in reference to my Tryall and arraignment at Oxford, that was very materiall to his present cause, and if he would call me in the open Court, as a Witnesse; he should see I would speak my minde freely and effectually, although I smarted for so doing; and he appointed a day to call me; whereupon; I went into the Court, and conveyed word so him, I was there, but whether his heart failed him or no, I know not, but he never called me; so when I understood they were all in the way of condemnation I took the third part of Cooks Institutes under my arme to the house doore, and made severall Applications to some of their Judges, and some Parliament men for them, and particularly with Colonel Temple Governour of the Fort near Graves End, and delt with him upon their own Principals, as the most probablest to doe the Prisoners good; and to save their lives, which I confeste I much laboured for, and my Discourse with him was to this effect at the House doore:
Sir, I beseech you, let me ask you one question, What’s that saith he? It is whether you think your House intend in good earnest to take away the lives of the Lord Capel &c? or whether they have only caused them to be condemned in terrorum? without all controversie said he, they intend to take away their lives, and it is but just they should, and doe not you believe so, No indeed Sir doe I not, and if you please, I will give you some part of my Reasons therefore; I pray let me have them, Well then Sir said I, to say nothing of the Jurisdiction of the Court by which they were tryed (which is very questionable to me) nor of the power of a Parliament to erect such a one, nor yet of the questionablenesse of the legality of your single House, nor of the clearness of the letter of the Law of their sides; which now the King being gone, might put you out of feare of the future power of these men, and make you now they are at your mercy, and you out of fear of present hurt by them; seriously to weigh the Quarrell betwixt you and them in an equall and just balance; which if you do, I am sure you will finde it very disputeable in Law, and something in Reason too, considering many of your late actions; especially if you consider, you never avowedly nor throughly stated your Cause; but begun it upon Commissions for King and Parliament, forced people to take the Oath of Allegiance and Supremacy, Protestation, and two Covenants, in all which you force the people to swear to maintain the Kings Person, Crown and Greatnesse: and this after the Wars begun, letting all Writs and Processe of Law run in his Name, and thereby your selves make him as it were Alpha and Omega to the people; yea, and in severall of your Declarations since the quarrell, you call him the fountain of Honour, and averr he can do no wrong: See 1 part Book Decl. pag. 199. 304. All which doings of yours are enough to make men side with the King, especially those that have great Estates, if it be for nothing but safetie’s sake alone: But I will lay all these aside, and argue with you more closely, upon principles that you cannot dispute against.
1. And therefore in the first place, The Law of England published by your selves; saith expresly, ‘No man of England in things concerning life shall be judged twice for one fact; but if once judicially tryed and acquitted, he never more by Law can be questioned again for that crime, though indeed and in truth he be never so guilty or it, and though it be never so criminous in it self; otherwise there would never be end nor safety: And for the proof thereof I then cited SYERS Case, at the Sessions of the Peace holden at Norwich in the 32 yeer of Queen Elizabeth, and the Judges opinions thereupon, which is notably recorded in Cooks 3 part Institutes chap. 104. of falsifying of Attainders, fol. 230. And my own Case at Oxford, which was to this effect: Being at the Fight at Brainford (which was upon the 12 of Novemb. 1642) taken prisoner in Arms against the King and his party, I was carried captive to Oxford Castle; where not long after my arrivall, the Lord Dunsmore, the Lord Matrevers, the Lord Newark, and the Lord Andover came to the Castle to me from the King, as they said, and proffered me from himself great matters, so I would crave his pardon for the treason I had committed against him, in being in arms against him, and for sake the traitorous Parliament, and return to my obedience (as they called it) to the King: but being then as able in my own thoughts, as any private man in England to argue the equity and Justice of the Parliaments Cause, I was then knowingly ingaged in by the hopes of the performance of their many gallant promises to make people of England free and happy (their then only declared aim and end) and in whose quarrell I would then have laid down a thousand lives, (if I had had them) and for the greatest part of an hour together, by dint of Argument, grounded upon Law and Reason; scorning and contemning all their great proffers of Honour, Riches, and Greatnesse, I held them in play so hotly, that they fell ragingly out with me, and gave up their disputing bucklers; threatning to hang me speedily for a grand Traitor, without any more adoe. At which I laughed, and desired their Lordships to tell me which way they would go to work to take away my life, now they had given me quarter.
Well, say they, We have two strings to our bow, And in the first place, we will arraigne you for a Traytor, for being the chief or Generall of the Prentices, that came down to Westminster and White Hall, and forced the House of Peers, and drove away the King from his Parliament; and so begun the Warrs. Unto which I replyed, Alasse; my Lords, you will be far mistaken there. And I cannot but wonder, that your Lordships should so undervalue your own Honours and Reputations, as so much as once now to mention this. Why Sirrair? said one of them. Why, my Lord? Because your Lordships may remember that the 3 of May, 1641. the King caused Warrants to issue out to apprehend me as a Traytor for this very thing, and others depending upon it; and as a traytor I was apprehended by his Messengers, one of which that night kept me prisoner as a Traitor: and the next morning being 4 of May 1641, as a Traytor I was brought by him to White Hall, where, (as I remember) old Sir Henry Vane and Mr. Nicholas were appointed by the King himself to carry my Impeachment to the House of Peers, at whose Bar I that day appeared (not then understanding their Jurisdiction) and was there that day in your way arraigned for my life, and one Littleton the Lord Keepers Kinsman, swore most bitterly against me: but upon further examination of witnesses, and hearing with patience my own Defence for my self, I was by your whole House (who look’d upon themselves as the highest Judicatory in England) honourably and nobly acquitted, as a person innocent and free of the Kings accusation: of which, my Lords, (said I then) let me plainly tell you, if I were guilty, you were a company of unrighteous and unjust Judges for freeing me from that Accusation: but, my Lords, being judicially tryed therefore, and acquitted by your selves, (who, if my memory fail me not, I saw all at that Tryall) and by your whole House (then extraordinary full as ever I saw it) who judge your selves the highest Judicature in England, I am acquitted thereby (my Lords) by the Law of England, from any more question about that businesse, although it should be granted, I was never so guilty of it. Unto which they replyed (to my remembrance) in these words, A pox on you, for a cunning subtill Rogue, are you so cunning in the Law, that we cannot lay hold of you here? but yet for all your parts, we will have you to the gallows, for leavying Warr upon the traiterous commands of the Parliament against the King: And here (said they) wee are sure the Law will reach you. Whereupon I was immediately after laid in irons, and brought to the Bar before the Lord Chief Justice Heath, Sir Thomas Gardned Recorder of London, &c. and by Indictment, according to the rules of the Common Law, arraigned for a traytor for levying War in Oxfordshire against the King. But my Plea to the businesse of Westminster and the Prentices was admitted for good law, That being once judicially tryed and acquitted, I could no more be troubled therefore: neither indeed was I. But according to the punctilioes of the Law, they gave me all the fair play in the world that the Law would allow me, suffering me to say for my self at the Bar what I pleased, releasing me of my close imprisonment and irons, and allowed me pen, ink and paper (which the Jaylor kept from me) upon my pleading before the Judge; such usages being altogether contrary to law: and that no such usages ought to be exercised in the least upon any prisoner whatsoever, that was not beastly rude in his imprisonment; and that no supposed Traitor or Felon by law could be put to any pain or torment before conviction.
And truly, Colonel Temple, I should be very sorry, and blush for shame, especially considering my strong zeal in the Parliaments cause, to see the day that the Parliament of England (at least those that so still themselves) that hath pretended so much righteousnesse and justice, should be no more just to the Cavaliers (against whom they have fought for injustice and and oppression) in denying them the benefit of the Law when they are in their power and mercy, then the Kings Judges were to me, and other of your prisoners, when their lives were in their power and mercy; in the hight of War, and of their ranting prosperity, and yet granted us the benefit of Law in all things we claimed it in, as Capt. Vivers of Bansury, arraigned with me, can witnesse as well as myself.
Now Sir, to make application: the Parliament not long since, when in its power it was more abundantly unquestionable then now it is, (after its new force) condemned Capel Hambleton, Holland, &c. to banishment, for the very crimes laid now to their charge; and therefore in Justice, and Law cannot a second time cause them to be adjudged to die for the very same things. Its nothing to me, nor to the Kingdom, for you to say, that when that Judgment pass’d they had so many friends sitting in the House as over-voted the honest Common-wealth’s-men to the prejudice thereof; for the major part is Parliament, or else there is no parliament: Therefore Sir, I reason thus: Either that wherein that Judgment pass’d was a parliament, or no Parliament; if a Parliament, then their judgment (is to themselves especially) was binding, and the benefit of it they ought not to deny to them whose lives are conserved in it; although it were unjust in it self as to the Nation: But if you, or any other man shall say, it was no Parliament, as having forfeited their trust in treating with the King again, and so their Judgment not valid, then with much more confidence say I, this that now sits is no Parliament, and so by consequence, the High Court of Justice no Court of Justice at all? and if so, then to execute them upon their Judgment, is absolute Murder. But I would fain see that honest and valiant man in your House that durst protest against them for no Parliament.
But Sir, besides this, mark the consequence of it to all we Parliamenteers that have acted under you, and by vertue of your commands, by these Proceedings:
First, You have sold the Bishops Lands, and given them that bought them, as they suppose, good security for their quiet enjoyment of their Purchases: I, but within a little while after, part of the very same Parliament alters their mindes, and being become the major part by forcible Purgations, illegall new Recruits, or by any other tricks or devices, and they vote, all those bargains are unjust, and the Purchasers ought to lose both their Land and Money: where is then that stable security of Parliaments? And yet such doings would be as just as your present dealings with CAPEL, &c. whose precedent creates a precedent for that, and much more of the same nature.
But secondly, The same Parliament that condemded Capel &c. to Banishment, pass’d multitudes of Compositions with severall Cavaliers, as guilty of Treason in the true naure of it, as they: And by the same rule you now condemn CAPEL, &c. to die; after you have judged them to banishment, you may adjudge all the compounding Cavileers to be hanged, after you have adjudged them to composition, and so put the Kingdom (by making people desperate) in an everlasting flame that never will have end, because there is no certainty in any of your proceedings, but are as changeable as the mind that bloweth.
Again, Thirdly, and most principally it is a common maxime in Law and Reason, both, and so declared by your selves, 1 part Book Declarar. page 281. “That those that shall guide themselves by the judgment of Parliament, ought (what-ever happen) to be secure and free from all account and penalties. But divers honest men (as you now judge them) have acted and guided themselves by the judgment of Parliament, as they account you, in taking away the King’s life; and yet by your dealings with CAPEL, &c. they are liable to be hanged as Traytors therefore, if a major part of your very House, by force, or other illegal Tricks, shall vote that act Treason, and all the Actors therein Traitors: So that, Sir, if I have any judgment in me, by this very single act towards them, you shake the very foundation of the validity of all the Parliaments Decrees and Judgments at once, and “make invalid all the Security and Indemnity that those (in equity) ought to enjoy, that have acted by your commands, and guided themselves by the judgment of Parliament: By means of which you will finde in time, you have demolished your own Bulwarks, and destroyed your own Fences. And for time to come, for my part, I shall be a thousand times more wary how I obey all your Commands, then ever I was in my life; seeing you are so fickle and unstable, that no man knows rationally where to find you, or fixedly to what to hold you.
But if you shall object (as some do) That that judgment of Banishment was onely in reference to the peace with the King, and that being broke, you are absolved from that judgment, and not bound by it.
To which I answer no more but this; That was a Judgment upon seirous and solid debate, of long continuance, at the passing of which you acted as individually, and as independently from the King, as ever you did before or since: and therefore in Law, Justice and Conscience you ought to stand to it, and make it good to the Prisoners concerned in it; especially, considering they desire it.
But having in length outstriped an ordinary epistle, and having much matter remaining, judging it more then time this that I have here writen to you, should come to publick view, (although I perish for so doing) I am forced and necessitated abruptly here to break of; and leave the remaining part for a second part to the same tune, if God spare me life and health, and give opportunity, although I be cut in ten thousand peeces therefore; for if every hair of CROMWEL, FAIRFAX, IRETON, HASLERIG, BRADSHAW, and HARRISONS head, were a Regiment or Legion of armed men, I would by Gods assistance in the present righteous cause in which they have deeply imbarqued me, (by their lawless Cruelty and Tyranny) fear them no more then so many butterflyes or motes in the sun; for behold, God is my salvation, I will trust and not be afraid, for the Lord JEHOVAH is my strength, and my song, he also is (long since) become my Salvation, Isa. 12. 2. Therefore will I sing rejoyce and be merry, for he hath fitted me for all manner of deaths; in inabling me through his strength power and presence, any time this twelve years together to carry my life in my hand, and to be always ever since in readiness at a quarter of an hours warning to lay it down; which I shall as freely doe (as eat) in this just and righteous quarrel; viz. The LIBERTIES Of The Land Of MY Nativities AGAINST The APOSTACIES And Tyrannies Of Her Most PERFIDIOUS And TREACHEROUS Professed FRIENDS, and the holding out of Gods Soveraignty amongst the son of men, as being that one, single, individual alone (either in heaven or earth) that is to raign, rule, govern, and give a law by his will and pleasure to the sons of men; the absolute workmanship of his hands or power; And therefore to thee O CROMWEL, O FAIRFAX, O IRETON, O HASLERIG, &c. in the power, might and strength of the Lord God Omnipotent and Almighty, that Raigns and shall Rule for ever and ever; before whom the stoutest Devils in Hell doe quake and tremble; and before whom You are all of you as inconsiderable as motes in the Sun, as the dust of the ballance, on the smallest drop of the bucket: To you, I say, in my present condition, as Shadrach, Meshach and Abednego in their great distresse, (as to the outward man, Dan 3.) said once to your brother Tyrant Nebuchadnezzar; Be it known unto you, that for all your power and worldly greatnesse (with all your armed Jannisaries) that I fear you not, nor am carefull to answer you in the matter in Controveroversie betwixt us; for the God whom (with my soul and body) I serve (with uprightness of heart) is able to deliver me, from the burning fiery fornace, (your cruell close Imprisonment, Banishment, Dungeons, or Death it self) yea, and he will deliver me out of your cruell hands, O (persidious cruel) Tyrants.
But if he will not, Be it known unto you, O (apostatised) Tyrants, that I will not serve you (stoop or submit unto you) nor worship your Idoll or golden Image that you have set up (your Arbitrary power and unlimited greatnesse.)
But least God should give or permit you a larger power over me then he did the Devil over Job to murther me before I can write the second part hereof; therefore I shal now give you the heads of my intentions, and so conclude.
First, From the perplexitie of my spirit with the unjust dealings with Capel, &c. I left Westminster and retired home, resolved in solitarinesse there to abide, where I was grievously tormented with the cryes of poor people who came to me in multitudes for advice in their tedious suits of Law, whose complaints without any hopes of remedy that I could give them, made my house a place of torment to me, which forced me to visit Westminster againe, where
2ly, I heard the certainty of Husons, Whaleys and Major Bartons desperat height at their Councel of War at Whitehall, at or neer upon the 22 of Feb. 1648. to ingage that Councel (vi & armis) to procure by Cromwels means a Law at their pleasure to dispatch me and my honest friends the Whalboneers; which when I examined from friend to friend, and found it to be very true by the attestation of plurality of their own Officers, my spirit was all on fire, (and no Lyon of the Army to me then so full of dread, but I durst incounter with) to consider with my self that all our Liberties and large expectations must Center in this, “That now our lives must be at the absolute wil and pleasure of a company of BLOUDY and INHUMANE Butcherers of men, that had served seven yeers apprentiship to that bloudy and wicked trade of cutting of mens throats for money, and nothing else; who never had kept faith or truth with any sorts of men they dealt with, and yet must now become our Accusers, Prosecuters, Witnesses, Parties, Jury, Judges, and Executioners: At the very thoughts of which I was even confounded in my spirit, and which justly and throughly ingaged me in the chief mannaging of the first and second part of Englands new Chains discovered: The first of which I presented at the Commons Barre, with a speech to it, the 26 Febr. 1648. the second part of which I, &c. had got divers thousands of hands to: the truth of every line of which, (for all its declared treasonable) I will seal with my heart blood; and undertake before a new Representative (TO WHOM I HEREBY AGAIN APPEAL) to prove every charge in it upon my Life. I shall also give the Reasons wherefore I have flown so high, as I have done, which is, because they have thought it just in them to accuse the King, the supreme Magistrate, of Treason; and yet have thought and declared it Treason in me, &c. to goe about the doing of any such thing to Mr. Oliver, that I will maintain it upon my life, more (comperatis comperandis) legally deserves it then ever the King did; And yet though I, &c. trode in the very path that they themselves (I mean both Parliament and Army) chalked out unto us: viz. by Petition, (1 part Book Declar. pag. 123, 201, 202, 548, 720. and Armies Book, Declar. page 17, 33, 35, 44, 60, 61. yea, see page 83. and you shall there finde in the fifth Article, they impeached Mr. Hollis, Sir Philip Stapleton, and Mr. Glynn for Traytors, For obstructing and prejudging of publique Petitions to the Parliament; and yet they adjudged and condemned me, &c. for a Traytor therefore, without so much as ever hearing me to speak for my self; and then after they had condemned me, went about at the Kings-Bench-Bar to try me for my life; unto whom, if I stooped, I was sure to be gone, being already prejudged: Again, I shall also acquaint you with the severall Discourses Mr. Holland, Mr. Hunt. &c. had with me about these Businesses, and the large proffers I had from them, yea, and from Mr. Alexander Rigby as the mouth of Sir Henry Mildmay the Grandees Agent, who had Commission (as he said) to proffer Me and my Comrades large places and preferments; so we would sit still, and let the Grandees goe on with their work: Which I with detestation refused at the house doore, the very FORENOON, I was adjudged a Traytor, and thereupon the same day in the Afternoon, the Votes of Treason past against me, &c. and my Second part of Englands New-chains discovered.
And seeing the Businesse of Scroop’s men is wrongfully father’d upon me, who never will incite Souldiers not others to declare upon any thing else but our printed Agreement of the 1. May 1649. and that when they do draw their Swords against their General, &c. they shall throw away their Scabbards, and rather fight with him, then treat with him, without either resolving to give or take Quarter; yet I say, seeing this is put upon my score, I hope I shall evidently make it appear (comparatis comparandis)” That I am able to give 99 in the hundred to any Champion the Generall hath in England, and from Scripture, Law, Reason, and their own Declarations, to make their action appear more just then the Generals severall Rebellions against the Parliament, his Creators, and extraordinary good Benefactors; or his Rebellion and the Parliaments against the King in the late Warrs.
And lastly, I shall shew the falseness and malignity of the late Discoverers designe, of fathering upon me, &c. all the erronious tenents of the poor Diggers at George hill in Surrey, laid down in their late two avowed Books, called, The true Levellers Standard, and The new law of Righteousnesse, to which they have have annexed their names: The Reader; taking notice of which alone, may be an answer to all that abominable lying late Book, called, The Discoverer. And so, Mr. SPEAKER, thanking you for some late kindnesses in your House, I received from you, I take leave to subscribe my self
in his life feared a Tyrant, nor loved an Oppressor.
The Printer to the Reader.
REader, As thou the faults herein dost spy, I pray thee to correct them with thy Pen: The Author is Close-Prisoner, knows not why; And shall have Liberty, but knows not when.
- But if he Falls; as he hath Liv’d, he Dies
- A faithfull Maryr for Our Liberties.
T.198 (9.41) John Warr, The Corruption and Deficiency of the Lawes of England (11 June, 1649).↩
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ID NumberT.198 [1649.06.11] (9.41) John Warr, The Corruption and Deficiency of the Lawes of England (11 June, 1649).
Full titleJohn Warr, The Corruption and Deficiency of the Lawes of England soberly discovered: or, Liberty working up to its just height. Wherein is set down,
I. The Standart, or Measure of all just Lawes; which is threefold.
1. Their Originall and Rise, viz. The free Choice, or Election of the People.
2. Their Rule and Square, viz. Principle; of Justice, Righteousnesse, and Truth.
3. Their Use and End, viz. the Liberty/Safety of the People.
II. The Laws of England weighed in this threefold balance, & found
too light.
1. In their Originall, Force, Power, Conquest, or Constraint.
2. In their Rule, corrupt Will, or Principles of Unrighteousnesse and Wrong.
3. In their End, the Grievance, Trouble, and Bondage of the People.
III. The Necessity of the Reformation of the Lawes of England; together with the Excellency (and yet Difficulty) of this Work.
IV. The corrupt Interest of Lawyers in this Commonwealth.
By John Warr.
Philip Honor. Leges Angliæ plenæ sunt tricarum, ambiguitatum, sibique contrariæ; fuerunt siquidem excogitatæ, atque sancitæ à Normannis, quibus nulla gens magis litigiosa, atque in controversiis machinandis ac proferendis fallacior reperiri potest.
Englished thus. The Lawes of England are full of tricks, doubts, and contrary to themselves; for they were invented and established by the Normans, which were of all the Nations the most quarrelsome, and most fallacious in contriving of controversies and Suits.
London: Printed for Giles Calvert, at the black Spread-Eagle at the West end of Pauls. 1649.
Estimated date of publication11 June, 1649.
Thomason Tracts Catalog informationTT1, p. 750; Thomason E. 559. (10.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
Text goes here
Chap. I.
Containing the just measure of all good Lawes, in their Originall, Rule, and end: Together with a reflexion (by way of Antithesis) upon unjust Lawes.
Those Laws which do carry any thing of Freedom in their bowells, do owe their Originall to the Peoples choice; and have been wrested from the Rulers and Princes of the world, by importunity of intreaty, or by force of Armes: For the great men of the world being invested with the Power thereof, cannot be imagined to eclipse themselves or their own Pomp, unlesse by the violent interposition of the peoples spirits, who are most sensible of their own burdens, and most forward in seeking reliefe. So that Exorbitancie and Injustice on the part of Rulers was the rise of Laws in behalf of the People, which consideration will afford us this generall Maxime, That the pure and genuine intent of Lawes was to bridle Princes, not the People, and to keep Rulers within the bounds, of just and righteous Government: from whence, as from a Fountain, the rivulet of subjection and obedience on the peoples part, did reciprocally flow forth, partly to gratifie, and partly to incourage good and vertuous Governers: So that Lawes have but a secondary reflexion on the People, glancing onely at them, but looking with a full eye upon Princes. Agreeable to this is that of Cicere Lib. 2. de Offic. whose words are to this effect: Cum premeretur ulim multitudo ab iis qui majores opes habebant, statim confugiebat ad unum aliquem virtute prastantem, &c. Jus enim semper quæsitum est æquabile, neq; enim aliter esset jus; id si ab uno bono et justo viro consequebantur, eo erant contenti; cum id minus contingeret, leges sunt inventæ," &c. (.i.) When the people did obtain redresse of their wrongs from some just and good man, they were satisfied therewith; but when they failed thereof, they found out Lawes, &c.
From which Assertion we may deduce a twofold corallarie.
1. That at the Foundation of Governments Justice was in men, before it came to be in Laws; for the onely Rule of Government, to good Princes, was their own wills; and people were content to pay them their subjection upon the security of their bare words: So here in England, in the daies of King Alfred, the Administration of Justice was immediately in the Crown, and required the personall attendance of the King.
2. But this course did soon bankerupt the world, and drive men to a necessity of taking bond from their Princes, and setting limits to their Power; hence it came to passe, that Justice was transmitted from men to Laws, that both Prince and People might read their duties, offences, and punishments before them.
And yet such hath been the interest of Princes in the world, that the sting of the Law hath been plucked out as to them; and the weight of it fallen upon the People, which hath been more grievous, because out of its place, the Element of the Law being beneficiall, not cumbersom within its own sphere. Hence it is, that Laws (like swords) come to be used against those which made them; and being put upon the rack of self and worldly interest, are forced to speak what they never meant, and to accuse their best friends, the People. Thus the Law becomes any thing or nothing, at the courtesie of great men, and is bended by them like a twig: Yea, how easie is it for such men to break those Customes which will not bow, and to erect traditions of a more complying temper to the wills of those, whose end they serve. So that Law comes to be lost in Will and Lust; yea Lust by the adoption of greatnesse is enacted Law. Hence it comes to passe, that Laws upon Laws do bridle the People; and run counter to their end; yea the farther we go, the more out of the way. This is the originall of unjust Laws.
No marvell that Freedom hath no voice here, for an Usurper reigns; and Freedom is proscribed like an Exile, living only in the understandings of some few men, and not daring to appear upon the Theater of the world.
But yet the minds of men are the great wheeles of things; thence come changes and alterations in the world; teeming Freedom exerts and puts forth it self; the unjust world would suppresse its appearance, many fall in this conflict, but Freedom will at last prevaile, and give Law to all things.
So that here is the proper Fountain of good and righteous Laws, a spirit of understanding big with Freedom, and having a single respect to Peoples Rights, Judgement goes before to create a capacity, and Freedom follows after to fill it up. And thus Law comes to be the bank of Freedom, which is not said to straighten, but to conduct the streame. A people thus watered, are in a thriving posture; and the rather because the foundation is well laid, and the Law reduced to its originall state, which is the protection of the Poor against the Mighty.
If it were possible for a People to choose such Laws as were prejudiciall to themselves, this were to forsake their own interest: Here (you’l say) is free choice; But bring such Laws to the Rule, and there is a failer there; the Rule of righteous Laws are clear and righteous Principles (according to the severall appearances of truth within us) for Reason is the measure of all just Laws though the size differ according to the various apprehensions of People, or tempers of Common-Wealths, so that choice abstracted or considered in it self is no undeniable badge of a just Law, but as it is mixed with other ingredients; as on the contrarie Force and Power are not therefore condemned, because they have hands to strike, but because they have no eyes to see (i.e.) they are not usually ballanced with understanding and right reason in making or executing of Laws, the sword having commonly more of the Beast in it, then the Man.
Otherwise, to be imposed upon by the art of truth, is to be caught by a warrantable guile, and to be kept by force from injuring ones self or others, hath more of courtesie then severenesse therein; And in this case reason will cast the scales and ascribe more to a seeing force then a blind choice; the righteousnesse or unrighteousnesse of things depends not upon the circumstances of our embracing or rejecting then, but upon the true nature of the things themselves: Let righteousnesse and truth be given out to the Nation, we shall not much quarrell at the manner of conveighance, whether this way, or that way, by the Beast, or by the Man, by the Vine, or by the Bramble.
There is a twofold Rule of corrupt Laws.
1. Principles of self and wordly greatnesse in the Rulers of the world, who standing upon the Mountain of Force and Power, see nothing but their own Land round about them, and make it their design to subdue Lawes as well as Persons, and enforce both to do homage to their wills.
2. Obsequiousnesse, Flatterie, or Compliancie of spirit to the foresaid principles, is the womb of all degenerous laws in inferiour Ministers: ’Tis hard indeed, not to swim with the stream, and some men had rather give up their Right then contend, especially upon apparent disadvantage; ’Tis true these things are temptations to men, and ’tis one thing to be deflowred, but to give up ones self to uncleannesse is another: ’Tis better to be ravished of our Freedoms (corrupt times have a force upon us) then to give them up as a Free-wil offering to the lusts of great men, especially if we our selves have a share with them in the same design.
Easinesse of spirit is a wanton frame, and so far from resisting, that it courts an assault; yea such persons are prodigall of other mens stock, and give that away for the bare asking, which will cost much labour to regain. Obsequious and servile spirits are the worst Guardians of the Peoples Rights.
Upon the advantage of such spirits, the interest of Rulers hath been heightned in the world, and strictly guarded by severest Laws, And truly, when the door of an Interest flies open at a knock, no marvell that Princes enter in.
And being once admitted into the bosom of the Law, their first work is to secure themselves; And here what servility and flatterie are not able to effect, that Force and Power shall: And in order hereto a guard of Lawes is impressed to serve and defend Prerogative Power, and to secure it against the assaults of Freedom, so that in this case, Freedom is not able to stir without a load of prejudice in the minds of men, and (as a ground thereof) a visible guilt, as to the Letter of the Law.
But how can such Lawes be good which swerve from their end: The end of just Laws is the safety and freedom of a People.
As for safety, just Laws are bucklers of defence: when the mouth of violence is muzzled by a law, the innocent feed and sleep securely: when the wolvish nature is destroyed, there shall then be no need of law, as long as that is in being, the curb of the law keeps it in restraint, that the great may not oppresse or injure the small.
As for safety, laws are the Manacles of Princes, and the guards of private men: So far as lawes advance the Peoples Freedoms, so far are they just, for as the Power of the Prince is the measure of unrighteous lawes, so just laws are weigh’d in the balance of Freedom: where the first of these take place, the People are wholly slaves; where the second, they are wholly free: but most Common-wealths are in a middle posture, as having their lawes grounded partly upon the interest of the Prince, and partly upon the account of the People, yet so as that Prerogative hath the greatest influence, and is the chiefest ingredient in the mixture of Law, is in the Laws of England will by and by appear.
The Failers of our English Lawes, in their Originall, Rule, and End.
THe influence of force and power in the sanction of our English lawes, appears by this, That severall alterations have been made of our lawes, either in whole, or in part, upon every conquest. And if at any time the Conqueror hath continued any of the Ancient lawes, it hath been only to please and ingratiate himself into the people, for so generous Thieves give back some part of their money to Travellers; to abate their zeal in pursuit.
Upon this ground I conceive it is, why Fortescue (and some others) do affirm;Fortesc. cap. 17. That notwithstanding the severall conquests of this Realm, yet the same lawes have still continued, his words are these: Regnum Angliæ primò per Britones inhabitatum est, deinde per Romanos regulatum, iterumq́, per Britones, ac deinde per Saxones possessum, qui nomen eujus ex Britannia in Angliam mutaverunt; extunc per Danes idem regnum parumper dominatum est, & iterum per Saxones, sed finaliter per Normannes, quorum propago regnum illud obtinet in præsenti, & in omnibus Nationum harum & Regum earum temporibus, regnum illud iisdem quibus jam regitur consuetudinibus continuè regulatum est. That is, The Kingdom of England was first inhabited by the Britons, afterwards ’twas governed by the Romans; and again by the Britons, and after that by the Saxons; who changed its name from Brittain to England: In processe of time the Danes ruled here, and again the Saxons, and last of all the Normans, whose posterity, governeth the Kingdome at this day; And in all the times of these severall Nations, and of their Kings, this Realme was still ruled by the same customes, that it is now governed withall: Thus far Fortescue in the Reign of Henry the Sixth. Which opinion of his can be no otherwise explained (besides what we have already said) then that succeeding Conquerors did still retain those parts of former Lawes, which made for their own interest; otherwise ’tis altogether inconsistent with reason, that the Saxons who banished the Inhabitants, and changed the Name, should yet retain the Lawes of this Island. Conquerors seldom submit to the law of the conquered (where Conquests are compleat, as the Saxons was) but on the contrary, especially when they bare such a mortall feud to their persons: which argument (if it were alone) were sufficient to demonstrate, that the Britons and their Lawes were banished together; and to discover the weaknesse of the contrarie opinion, unlesse you take the Comment together with the Text, and make that explanation of it which we have done.
And yet this is no honor at all to the Lawes of England, that they are such pure servants to corrupt interests, that they can keep their places under contrary masters; just and equall lawes will rather indure perpetuall imprisonment, or undergo the severest death, then take up Arms on the other side (yea Princes cannot trust such lawes) An hoary head (in a law) is no Crown, unlesse it be found in the way of righteousnesse, Prov. 16. 31.
By this it appears that the notion of fundamental law, is no such Idoll as men make it: For, what (I pray you) is fundamentall law, but such customs as are of the eldest date, & longest continuance? Now Freedom being the proper rule of Custom, ’tis more fit that unjust customs should be reduced, that they may continue no longer, then that they should keep up their Arms, because they have continued so long. The more fundamentall a law is, the more difficult, not the lesse necessarie, to be reformed: but to return.
Upon every Conquest, our very lawes have been found transgressors, and without any judiciall processe, have undergone the penalty of Abrogation; not but that our Lawes needed to be reformed, but the onely reason in the Conqueror was his own will, without respect to the Peoples Rights; and in this case the riders are changed, but the burdens continued, for meer force is a most partiall thing, and ought never to passe in a Jury upon the Freedoms of the People; and yet thus it hath been in our English Nation, as by examining the originall of it may appear; and in bringing down its pedigree to this present time,The several alterations of the Lawes of England. we shall easily perceive, that the British laws were altered by the Romans, the Roman law by the Saxons, the Saxon law by the Danes, the Danish law by King Edward the Confessor, King Edwards Lawes by William the Conqueror, which being somewhat moderated and altered by succeeding Kings, is the present Common law in force amongst us, as will by and by appear.
The History of this Nation is transmitted down to us upon reasonable credit for 1700. yeers last past; but whence the Britons drew their originall (who inhabited this Island before the Roman Conquest) is as uncertainly related by Historians, as what their Lawes and Constitutions were; and truly after so long a series of times, ’tis better to be silent, then to bear false witnesse.
But certain it is, that the Britains were under some kind of Government, both Martiall and Civill, when the Romans entred this Island, as having perhaps borrowed some Lawes from the Greeks, the refiners of humane spirits, and the ancientest inventers of Lawes: and this may seem more then conjecturall, if the opinion of some may take place, that the Phœnicians or Greeks first sailed into Britain, and mingled Customes and Languages together: For, it cannot be denyed, that the Etymon of many British words seems to be Greekish, as (if it were materiall to this purpose) might be clearly shown.
But ’tis sufficient for us to know, that whatever the lawes of the Britons were upon the Conquest of Cæsar, they were reviewed and altered,Brittish Laws altered by the Romans. and the Roman law substituted in it’s room, by Vespasian, Papinian and others, who were in person here; yet divers of the British Nobles were educated at Rome, on purpose to inure them to their lawes.
The Civill law remaining in Scotland, is said to have been planted there by the Romans, who conquered a part thereof. And this Nation was likewise subject to the same law, till the subversion of this State by the Saxons, who made so barbarous a Conquest of the Nation, and so razed out the Foundation of former lawes, that there are lesse footsteps of the Civill law in this, then in France, Spain, or any other province under the Roman Power.
So that whilst the Saxons ruled here, they were governed by their own lawes,Roman Law altered by the Saxons. which differed much from the British law, some of these Saxon laws were afterward digested into form, and are yet extant in their originall tongue, and translated into Latin.
Saxon law altered by the Danes.The next alteration of our English lawes was by the Danes, who repealed and nulled the Saxon law, and established their owne in its stead; hence it is, that the Laws of England do bear great affinity with the Customes of Denmarke, in Descents of Inheritance, Trialls of Right, and severall other wayes: ’tis propable that originally Inheritances were divided in this Kingdom amongst all the Sons by Gavel-kind, which Custome seemes to have been instituted by Cæsar both amongst us, and the Germans, (and as yet remaines in Kent, not wrested from them by the Conqueror) but the Danes being ambitious to conform us to the pattern of their owne Countrey, did doubtlesse alter this Custome, and allot the Inheritance to the eldest son; for that was the course in Denmarke, as Walsingham reports in his Vpodigma Neustriæ; Pater cunctos filios adultos à se pellebat, præter unum quem haeredem sui juris relinquebat; (i.e.) Fathers did expose and put forth all their sons, besides one whom they made heir of their estates.
So likewise in Trialls of Rights by twelve men our Customes agree with the Danish, and in many other particulars which were introduced by the Danes, disused at their expulsion, and revived againe by William the Conqueror.
For after the Massacre of the Deans in this Island,Danish Law altered by K. Edward the Confessor. King Edward the Confessor did againe alter their Laws, and though he extracted many particulars out of the Danish Lawes, yet he grafted them upon a new stock, and compiled a Body of lawes since knowne by his name, under the protection of which the people then lived; so that here was another alteration of our English lawes.
And as the Danish law was altered by King Edward,Edw. the Confessors Laws altered by William the Conqueror. so were King Edwards lawes disused by the Conqueror, and some of the Danish Customes againe revived: And to clear this, we must consider, that the Danes and Normans were both of a stock, and situated in Denmarke, but called Normans from their Northern Situation, from whence they sailed into France, and setled their Customes in that part of it, which they called Normandy by their owne name, and from thence into Britain. And here comes in the great alteration of our English lawes by William the Conqueror, who selecting some passages out of the Saxon, and some out of the Danish law, and in both having greatest respect to his owne Interest, made by the Rule of his Government, but his own will was an exception to this Rule as often as he pleased.
For, the alterations which the Conqueror brought in, were very great, as the clothing his lawes with the Norman Tongue, the appointment of Termes at Westminster, whereas before the people had Justice in their owne Countreyes, there being severall Courts in every County, and the Supreme Court in the County was called, Generale Placitum, for the determining of those Controversies which the Parish or the Hundred Court could not decide; the ordaining of Sheriffes and other Court-Officers in every County to keep people in subjection to the Crowne, and upon any attempt for redresse of injustice, life and land was forfeited to the King: Thus were the Possessions of the Inhabitants distributed amongst his Followers,Holinshed. yet still upon their good behaviour, for they must hold it of the Crowne, and in case of disobedience, the Propriety did revert: And in order hereto, certaine Rents yeerly were to be paid to the King. Thus as the Lords and Rulers held of the King, so did inferiour persons hold of the Lords; Hence come Landlord, Tenant, Holds, Tenures &c. which are slavish ties and badges upon men, grounded originally on Conquest and Power.
Yea the lawes of the Conqueror were so burthensome to the people, that succeeding Kings were forced to abate of their price, and to give back some freedome to the people: Hence it came to passe, that Henry the first did mitigate the lawes of his Father the Conqueror, and restored those of King Edward; hence likewise came the Confirmation of Magna Charta, and Charta Forestæ, by which latter, the power of the King was abridged in inlarging of Forrests, whereas the Conqueror is said to have demolished a vast number of buildings to erect and inlarge New Forests by Salisbury, which must needs bee a grievance to the people. These freedomes were granted to the people not out of any love to them, but extorted from Princes by fury of War, or incessantnesse of addresse; and in this case Princes making a vertue of necessity, have given away that, which was none of their own, and they could not well keep, in hope to regaine it at other times; so that what of freedome we have by the law, is the price of much hazard and blood. Grant, that the People seem to have had a shadow of freedome in choosing of lawes, as consenting to them by their Representatives, or Proxies both before and since the Conquest, (for even the Saxon Kings held their Conventions or Parliaments,) yet whosoever shall consider how arbitrary such meetings were, and how much at the devotion of the Prince both to summon and dissolve, and withall how the spirit of Freedome was observed and kept under, and likewise how most of the Members of such Assemblies were Lords, Dukes, Earls, Pensioners to the Prince, and the Royall Interest, will easily conclude, that there hath been a failer in our English Lawes, as to matter of Election or free choice, there having been alwaies a rod held over the Choosers, and a Negative Voice, with a Power of dissolution, having alwaies nipt Fredome in the Bud.
The Rule of our English Lawes is as faulty as the Rise. The Rule of our laws may be referred to a twofold Interest.
1. The interest of the King which was the great bias and rule of the law, and other interests, but tributary to this: hence it is all our laws run in the name of the King, and are caried on in an Orb above the sphere of the people; hence is that saying of Philip Honor, Cum à Gulielmo Conquestore, quod perinde est ac tyrannus, institutæ sint leges Angliæ, admirandum non est quod solam Principis utilitatem respiciant, subditorum verò bonum desertum esse videatur. (i.e.) Since the laws of England were instituted by William the Conqueror, or Tyrant, ’tis no wonder that they respect onely the Prerogative of the King, and neglect the Freedome of the People.
2. The interest of the People, which (like a worme) when trod upon did turne againe, and in smaller iotas and diminutive parcells, wound in it selfe into the Texture of law, yet so as that the Royall interest was above it, and did frequently suppresse it at its pleasure. The Freedom which we have by the law, owns its originall to this interest of the People, which as it was formerly little knowne to the world, so was it misrepresented by Princes, and loaden with reproaches, to make it odious: yea, liberty the result thereof was obtained but by parcells, so that we have rather a tast then a draught of Freedome.
If then the rise and rule of our law be so much out of tune, no marvell that we have no good Musick in the end, but Bondage, instead of freedom, and instead of safety, danger. For the law of England is so full of uncertainty, nicety, ambiguity, and delay, that the poor people are ensnared, not remedied thereby: the formality of our English law is that to an oppressed man, which School-Divinity is to a wounded spirit, when the Conscience of a sinner is peirced with remorse, ’tis not the niceitie of the Casuist, which is able to heale it, but the solid experience of the grounded Christian.
’Tis so with the law, when the poor & oppressed want right, they meet with law; which (as ’tis managed) is their greatest wrong; so that law it self becoms a sin, & an experimented grievance in this Nation. Who knows not that the web of the law intangles the small flies, and dismisseth the great? so that a mite of equity is worth a whole bundle of law: yea many times the very law is the badge of our oppression, its proper intent being to enslave the people; so that the Inhabitants of this Nation are lost in the law, such and so many are the References, Orders, and Appeales, that it were better for us to sit down by the losse, then to seek for relief; for law is a chargeable Physitian, and he which hath a great Family to maintain, may well take large fees.
For the Officers or meniall servants of the law are so numerous, that the price of right is too high for a poor man; yea many of them procuring their places by sinister waies, must make themselves savers by the vailes of their office; yea ’twere well, if they rested here and did not raise the Market of their Fees, for they that buy at a great rate, must needs sell deer.
But the poor and the oppressed pay for all, hence it is, that such men grow rich upon the ruines of others, and whilest law and Lawyer is advanced, equity and truth are under hatches, and the people subject to a legall Tyranny, which of all bondages is one of the greatest.
Meer force is its own argument, and hath nothing to plead for it, but it self, but when oppression comes under the notion of law, ’tis most ensnaring; for sober-minded men will part with some right to keep the rest, and are willing to bear to the utmost; but perpetuall burdens will break their backs (as the strongest jade tyres at the last) especially when there is no hope of relief.
Of the necessity of the Reformation of the Laws of England, together with the excellency (and yet difficulty) of the worke.
THe more generall a good is, the more divine and God-like: Grant that Prerogative lawes are good for Princes, and advantagious to their Interest, yet the shrubs are more in number then the Cedars in the Forrest of the world; and Lawes of Freedome in behalfe of the people are more usefull, because directed to a more generall good. Communities are rather to be respected, then the Private Interests of great men.
Good Patriots study the people, as Favourites do the Prince, and it is altogether impossible, that the people should be free without a Reformation of the law, the source and root of Freedome. An equall and speedy distribution of Right ought to be the Abstract and Epitome of all lawes, and if so,
Why are there so many delayes, turnings and windings in the laws of England?
Why is our law a Meander of Intricacies, where a man must have contrary winds before he can arrive at his destred Port?
Why are so many men destroyed for want of a Formality and Punctilio in law? And who would not blush, to behold seemingly grave and learned sages to prefer a letter, syllable or word before the weight and merit of a cause?
Why do the issue of most Law-suits depend upon Presidents rather then the Rule, especially the Rule of Reason?
Why are mens lives forfeited by the law upon light and triviall grounds?
Why do some laws exceed the offence? and on the contrary other offences are of greater demerit then the penalty of the law?
Why is the Law still kept in an unknown tongue, and the nicety of it rather countenanced then corrected?
Why are not Courts rejourned into every County, that the People may have right at their own doors, and such tedious journyings may be prevented?
Why under pretence of equity, and a Court of Conscience, are our wrongs doubled and trebled upon us, the Court of Chancerie being as extortionous (or more) then any other Court? yea ’tis a considerable Quaere, whether the Court of Chancery were not first erected meerly to elude the Letter of the Law, which though defective, yet had some certainty; and under a pretence of Conscience to devolve all causes upon meer will, swayed by corrupt interest. If former Ages have taken advantage to mix some wheat with the Tares, and to insert some mites of Freedom into our Lawes: why should we neglect (upon greater advantages) to double our files, and to produce the perfect image of Freedom, which is therefore neglected, because not known.
How otherwise can we answer the Call of God, or the cryes of the People, who search for Freedom as for an hid Treasure? yea, how can we be registred, even in the Catalogue of Heathens, who made lesse shew, but had more substance, and were excellent Justiciaries, as to the Peoples Rights: so Solon, Lycurgus &c. such morall appearances in the minds of men, are of sufficient Energie for the ordering of Common-wealths, and it were to be wished, that those States which are called Christian, were but as just as Heathens in their lawes, and such strict promoters of Common Right.
Pure Religion is to visit the Fatherlesse, and the most glorious Fast to abstain from strife, and smiting with the fist of wickednesse; in a word, to relieve the oppressed, will be a just Guerdon and reward for our pains and travell in the reformation of the law.
And yet this work is very hard, there being so many concerned therein, and most being buisier to advance and secure themselves, then to benefit the publike: yea our Phisitians being themselves Parties, and ingaged in those interests which freedom condemns, will hardly be brought to deny themselves, unlesse upon much conviction and assistance from above; and yet this we must hope for, that the reformation of the times may begin in the breasts of our Reformers, for such men are likely to be the hopefull fire of freedom, who have the image of it engrafted in their own minds.
Of the corrupt Jnterest of Lawyers in the Common-wealth of England.
OF Interests, some are grounded upon weaknesse, and some upon corruption; the most lawfull interests are sown in weaknesse, and have their rise and growth there: Apostle, Prophet, Evangelist were onely for the perfecting of the Saints; Phisitians are of the like interest to the body; marriage is but an help and comfort in a dead state for in the Resurrection they neither marry, nor are given in marriage.
Interests grounded upon weaknesse may be used, as long as our weaknesse doth continue, and no longer, for the whole need not a Phisician, &c. such interests are good, profitable, usefull; and in their own nature self-denying, (i.e) contented to sit down, and give way to that strength and glory to which they serve.
But the interest of Lawyers in this Common-wealth, seems to be grounded rather upon corruption, then weaknesse, as by surveying its originall, may appear. The rise and potency of Lawyers in this Kingdom, may be ascribed to a twofold ground.
1. The Unknownesse of the law, being in a strange tongue, whereas when the law was in a known language (as before the Conquest) a man might be his own Advocate. But the hiddennesse of the law, together with the fallacies and doubts thereof, render us in a posture unable to extricate our selves, but we must have recourse to the shrine of the Lawyer, whose Oracle is in such request, because it pretends to resolve doubts.
2. The quarterly Terms at Westminster, whereas when justice was administred in every County, this interest could not possibly grow to an height, but every man could mind and attend his own cause without such journeying to and fro, and such chargeable Attendance, as at Westminster-Hall. For, first in the County, the law was plain, and controversies decided by Neighbours of the Hundred who could be soon informed in the state of the matter, and were very ready to administer Justice, as making it their own case; but, as for Common Lawyers, they carry only the Idea of right and wrong in their heads, and are so far from being touched with the sense of those wrongs, against which they seem to argue, that they go on meerly in a formalitie of words, I speak not this out of emulation or envy against any mans person, but singly in behalf of the people against the corruption of the interest it self.
After the Conquest, when Courts and Terms were established a Westminster (for how could the Darling of Prerogative thrive unlesse alwaies under the Kings eye?) men were not at leisure to take so much pains for their own, but sometimes they themselves, sometimes their friends in their behalf, came up in Term-time to London, to plead their causes, and to procure justice: as yet the interest of Lawyers was a puny thing, for one friend would undertake to plead his cause for another; and he which was more versed in the tricks of the law, then his neighbour, would undertake a journey to London, at the request of those who had businesse to do, perhaps his charges born on the way, and some small reward for his pains; Innes of Court why so called, and when erected. there were then no stately Mansions for Lawyers, but such Agents (whether Parents, Friends or Neighbour to the Parties) lodged like other Travellers in Innes as Country Attornies still do: hence it came to passe, that when the interests of Lawyers came to be advanced in Edward the third's Time, their Mansions or Colledges were still called Innes, but with an Addition of honor, Innes of Court.
The proceed of Lawyers interest is as followeth: when such Agents, as we have spoken of, who were employed by their neighbours at London, and by this means coming to be versed in the niceties of the law, found it sweeter then the Plough, and Controversies beginning to increase, they took up their Quarters here till such time as they were formed into an orderly body, and distinct interest, as now they are.*
There is ground enough to conclude, even from the Letter of the Statute Law (in 28. Edw. 1. c. 11.) that mens Parents, Friends or Neighboures did plead for them, without the help of any other Lawyer.
After the Lawyers were formed into a Society and had hired the Temple of the Knights Templers for the place of their abode, their interest was not presently advanced, but by the Contentions of the people, after a long series of time, so that the interest of Lawyers (in the height which now it is) comes from the same root, as pride and idlenesse, (i.e.) from fulnesse of bread, or prosperity the mother of strife; not but that just and equall administrators of laws are very necessary in a Common-wealth, but when once that which was at first but a Title, comes to be framed into an interest, then it sets up it self, and growes great upon the ruines of others, and thorough the corruption of the people.
I take this to be a main difference between lawfull and corrupt interests, just interests are the servants of all, and are of an humble spirit, as being content to have their light put out by the brightnesse of that glory which they are supplemental to. But corrupt interests feare a change, and use all wiles to establish themselves, that so their fall may be great, and their ruin as chargeable to the world as it can; for such interests care for none but themselves.
The readiest way to informe such men is to do it within us for most men have the common Barrator within them, (i.e.) principles of contention and wrong; and thus the law becomes the Engine of strife, the instrument of lust, the mother of debates, and Lawyers are as make-bates between a man and his neighbour.
When Sir Walter Rawleigh was upon his triall, the Lawyers that were of Councell for the King, were very violent against him, whereupon Sir Walter turning to the Jury, used these words, Gentlemen, I pray you consider, that these men, meaning the Lawyers, do usually defend very bad causes every day in the Courts, against men of their own profession, as able as themselves, what then will they not do against me?&c. which Speech of his may be too truly affirmed of many Lawyers, who are any thing or nothing for gaine, and measuring Causes by their owne Interest, care not how long right be deferred and suits prolonged: There was a Suit in Glocestershire between two Families,Cambden Brit. in Glocest. which lasted since the Reign of Edward the fourth, till of late composed, which certainly must be ascribed either to the ambiguity of the law, or the subtilty of the Lawyers, neither of which are any great honor to the English Nation.
How much better were it to spend the acutenesse of the mind in the reall and substantiall ways of good, and benefit to ourselves and others? and not to unbowell our selves into a meer Web, a frothy and contentious way of law, which the oppressed man stands in no more need of, then the tender-hearted Christian of Thomas Aquinas to resolve him in his doubts.
If there be such a thing as right in the world, let us have it sine suco.Why is it delayed, or denyed, or varnished over with guily words? Why comes it not forth in its owne Dresse? Why doth it not put off law, and put on reason; the mother of all just laws? Why is not ashamed of its long and mercenary train? Why can we not ask it and receive it our selves, but must have it handed to us by others? In a word, why may not a man plead his own Case? or his friends and acquaintance (as formerly) plead for him?
Memorable is that passage in King James Speech in Star-Chamber, In Countreys (sayes he) where the formality of law hath no place, as in Denmark, all their State is governed only by a written law, there is no Advocate or Procter admitted to plead, only the parties themselves plead their own cause, and then a man stands up and pleads the law, and there is an end; for the very Law-Book it self is their only Judge: happy were all Kingdoms, if they could be so: but here curious wits, various conceits, different actions, and variety of examples breed questions in law. Thus far he. And if this Kingdom doth resemble Denmark in so many other Custom, why may it not be assimilated to it in this also? especially considering, that the world travells with Freedom, and some real compensation is desired by the people, for all their sufferings, losses, (and) blood.
To clear the Channel of the law is an honorable worke for a Senate, who should be preservers of the Peoples Rights.
FINIS.
Endnotes
[*] Anno 28. Edward. Primi 1300 cap. 11. But it may not be understood hereby, that any persons shall be prohibited to have Councell of Pleaders, or of learned men in the Law, for his fee, or of his Parents and next Friends.
T.199 (9.42) Anon., The Levellers New Remonstance (15 June, 1649).↩
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ID NumberT.199 [1649.06.15] (9.42) Anon., The Levellers New Remonstance (15 June, 1649).
Full titleAnon., The Levellers New Remonstance or Declaration SENT TO HIS EXCELLENCIE THE LORD GENERAL FAIRFAX, CONCERNING Their present proceedings, and making choice of a Glorious King, and Heavenly Protector, for the redeeming of them from Slavery, and judging the Cause of the Oppressed righteously. ALSO, Their Demands and Proposals (Editor: illegible word) the Judges and Ministers of this Nation, touching the Reign and Government of the late King CHARLES; with a discovery of those persons who held their Royalty by the power of the SWORD.
LONDON: Printen for generall satisfaction to all the Free-born people of ENGLAND,
MDCXLIX.
15 June, 1649.
Thomason Tracts Catalog informationTT1, p. 751; Thomason E. 560. (10.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
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THE LEVELLERS NEW DECLARATION Sent to his Excellency the Lord Generall Fairfax, concerning their present proceedings, in making choise of a King and Heavenly Protector.
Right Honourable,
THe intent of our writing to you, is not to request your protestion, though we have received an unchristian like abuse from some of your soldiers; for truly we dare not cast off the Lord, and make choice of a man or men to rule Us. For the Creation hath smarted deeply for such a thing since Israell chose Saul to be their King; therefore we acknowledge before you in plain English, That we have chosen the Lord God to be our King and Protector. Yet in regard you are our brethren as an English Tribe, and for the present are owned to be the outward Governors and Saviours of this Land, and whose hearts we question not, but that you endeavour to advance the same King of righteousnesse with us; therefore we are free to write to you, and to all the World. And if after this Representation of our, either you or your forces called souldiers, or any that owns your Laws or propriety, called Free holders, do abuse or kill our persons, we declare to you, than we die, doing our duty to our Creator, by endeavouring from that power he hath put into our hearts to lift up his Creation out of bondage, and you and they shall be left without excuse in the day of Judgment, because you have bin spoken to sufficiently. But if you do fleight us and our cause, then know we shall not strive with sword and spear, but with spade & plow and such like instruments to make the barren and common lands fruitfull, and we have, and still shall, commit our selves and our cause unto our righteous King, whom we obey, even the Prince of peace to be our protector; and unto whom you likewise professe much love, by your preaching, prayings, fastings, & in whose name you have made all your Covenants, Oaths, and promises to us: I say unto him we appeale, who is and will be our righteous judge, who never yet failed those that waited upon him, but &illegible; did judge the cause of the oppressed righteously. We desire that your Lawyers may consider these questions (which we affirm to be truths) and which gives good assurance by the law of the land that we that are the younger brothers or common people have true right to dig, plow up, and dwell upon the Commons, as we have declared. 1. Whether Wil. the Conqueror became not to be King of England by conquest, & turned the English out of their birthrights, by reason whereof all sorts of people suffred, & compelled the conquered English for necessity of livelihood to bee servants to him and his Norman souldiers. 2. Whether K. Charles was not successor to the Crown of England from Wil. the Conqueror, and whether all Laws that have bin made in every Kings &illegible; did not confirm and strengthen the power of the Norman Conquest, and so &illegible; and does still hold the Commons of England under slavery to &illegible; Kingly power, his Gentry and Clergy. 3. Whether Lords or Mannors were not the successors of Colonels & &illegible; Officers of Wil. the Conqueror, and held their Royalty to the Commons by the power of the Sword.
And here now we desire your publick preachers, that say, they preach the righteous law, to consider these questions, which confirms us in the peace of our hearts, that we that are the Common people born in England, ought to improve the Commons, as we have declared, for a publike Treasury and lively hood, and that those that hinder are rebels to their Maker, and enemies to the creation. 1. We demand I or no, whether the earth with her fruits was made to be bought and sold from one to another? and whether one part of mankind was made a Lord of the land, and another part a servant by the law of creation before the fall? I affirm and challenge you to disprove that the earth was made to be a common Treasury of livelihood for all, without respect of persons, and was not made to be bought and sold. 2. I demand, whether all wars, blood shed and misery came not upon the creation, when one man indeavored to be a Lord above another, and to claim propriety in the earth one above another. 3. Whether the work of restoration lies in removing covetousnesse, casting that Serpent out of heaven (mankind) and making man to live in the light of righteousness, not in words only, as Preachers do, but in action, whereby the tration shines in glory? I affirm it.
4. Whether is the King of righteousnesse a respecter of persons yea or no? If you say no, then who makes this difference, that the elder brother shall be the Lord of the land, and the younger brother a slave and beggar? I affirm, it was and is covetousnesse, since the &illegible;
6. Whether does the King of righteousnesse bid you love or hate your enemies, if you say love them, then I demand of you, why do some of you in pulpits and else where, stirre up the people to beat, to imprison put to death or &illegible; or not to buy and sell with those that endeavour to restore the earth to a common treasury against surely at worst you can make them but your &illegible; therefore love them, win them by love, do not hate them, they do not hate you.
Edenburgh June 6. Young Mr. Row employed as a Messenger with the &illegible; of a Letter to this Parliament came hither on Wednesday last; the next &illegible; the Letter was read in Parliament, great notice was taken of some passages &illegible; reading the same, and especially at the words [Of the Common-wealth of England] Which upon reading occasioned some uncivill &illegible; from many of the Members by way of derision; Others not containing themselves, brake forth into high language; and an eminent Member of that Parliament made a &illegible; Speech upon those words, reflecting much upon the honour of another Nation. And upon &illegible; &illegible; another person of quality then present in that Assembly, &illegible; himself to this purpose. How in reason they could be accounted friend by enemies.
The Letter admitted of no further publike debate &illegible; present &illegible; more &illegible; &illegible; be for the future, till a responce come from Holland of their last address to his Highness.
All depending here upon the Royall Intentions and Motions of his Majesty; &illegible; that nothing of publike concernment admits either of debate, or resolution, till &illegible; be known; their course being to be steered according to the same, which is both &illegible; and hourly expected. As for the Kingdom in generall, it is at present very &illegible; and peaceable.
The Lords of the Sessions sate down on Fryday last; the Commissioners of &illegible; Kirk are likewise met in Councell. David Lesley is (after Conquest) &illegible; &illegible; so also is Col. Ker and Gol. Straughan; their Brigade of Horse ordered &illegible; &illegible; quarter in the North of Scotland.
The Priests are high for concluding a Union, and for reverge, will wave &illegible; Covenant in a great measure, to strike in with the Royall Party and Argyles &illegible; being inconsiderable to their number, its much feared a peace will upon these &illegible; &illegible; too soon be concluded.
It is not safe for our English interest to be so much divided, which gives &illegible; much occasion for a forraign Invasion; for if this Parliament send for their &illegible; out of Ireland (which is much feared, so soon as the peace is concluded) with a conjunction of the Royall and Presbyterian party of this Nation; which will &illegible; a great Body, and will make work enough for both the late dissenting parties of England.
The young King hath sent severall Propositions to the Parliament, in answer &illegible; their Demands, the substance whereof followeth:
First, That the Presbyterian Government shall be established and setled, &illegible; in the deyes of his Father.
Secondly, That Popery and Episcopacy shall be utterly abolished out of &illegible; Kingdome.
Thirdly, That those who have assisted Him, or His Father, against the Parliament of Scotland, shall be restored to their estates.
Fourthly, That all persons who have acted for Him, or His Father, against the Parliament, &illegible; be vncapable of sitting in Parliament, or bearing any publique Office for some &illegible;
Fifthly, That the King shall act nothing (for the future) but by consent of parliament.
Sixthly, That there shall be an Act of Oblivion granted to all persons in that Kingdom, except such as had a hand in the death of the late King.
DUndalk in Ireland, 8 June, 1649. The Scots had a Randezvouz at Blures &illegible; within two miles of &illegible; they are between 4 or 5000 strong; the Lord of &illegible; is their Generall but must not act without the Presbytery: The &illegible; betwix. Prestons party and Owen-Roes continue, Ormond and Preston hath taken some Garrisons from Oneal. Our party have permitted 300 of Oneales own Regiment to quarter in our parts amongst the Creats within 2 miles of Dundalk. I hear that Ormond hath sent expresse Orders to the Governour of Kingsale &illegible; nor to admit Prince &illegible; to have any command in it. Col. &illegible; is very active and lies much in the field: If our expectatious fail not from England but that &illegible; come &illegible; before Harvest there is great possibility of doing very considerable service in this Country in a short time. There was never so much Corn &illegible; and fair upon the ground at one time in the Rebels quarters, then there is this year. Sergeant &illegible; was this day made one of the Judges of the Common-pleas and Mr. Rigby, Mr. Ask, and Mr. Warberton, were first made Sergeants of the &illegible; and presently after one of them made Judge of the Common-pleas, and the other two of the Upper &illegible; Something of the formality more particularly &illegible; There sate in the Common-pleas (besides the Lord chief Justice, St. John and &illegible; Phesant) the three Lords Commissioners of the Great Seale; and after a motion made and granted to every one of the Sergeants, the Lord Commissioner &illegible; made a short speech unto them, intimating, That the Parliament taking speciall notice of their abilities and good affections to the Nation had &illegible; that they should have Commissions to be Judges, &c. The speech &illegible; ended they were called up into the Court, where they took their Oaths, and &illegible; their &illegible;
&illegible; &illegible; this day came to col. Popham, representing the condition of our Navy &illegible; &illegible; which hath blocked up Kingsale, a town more remarkable for its strength &illegible; &illegible; &illegible; and better defended by its Fort then by its Costle. Col. &illegible; &illegible; &illegible; in chief of &illegible; for the Prince. There is some hope that a good &illegible; &illegible; will suddenly be given to the Parliament. Some action hath already &illegible; &illegible; &illegible; sharp &illegible; &illegible; in which fight we boarded three of the &illegible; &illegible; of &illegible; seized &illegible; the Mariners, wherein was above thirty pieces of &illegible; and in &illegible; &illegible; &illegible; another of them, with the losse of three or four.
It is said that the Royall party which are surrounded in Kingsale, begin to &illegible; for a negotiation with the Parliaments Forces.
The aforesaid Mr. &illegible; doth declare, that the Reformation that England now is to endeavour, is not to remove the &illegible; Yoke only, and to bring us back to be governed by those &illegible; that were before William the Conqueror came in as if that &illegible; the rule or mark we aime at: No that is not it; but the Reformation is according to the word of God, and that it is the &illegible; Law of righteousnesse before the fall, which made all things &illegible; which all things are to be restored, and he that endeavours &illegible; that is a Covenant breaker.
Letters from the City of Dublin of the 8. instant, doth further advertize, That the Marq. of Ormond doth now begin to &illegible; neer the Confines thereof that he hath mustered within 25 &illegible; of them, and was 1200 Horse and Foot say some that were present: Others, that the number was 12000 Foot, & 24 Horse, &illegible; these, and all his great Officers, between whom all differences &illegible; composed, He hath taken in the Garrisons of Castle Shamiagh and &illegible; town, and is besieging a third, and drawne, as is certified about Trim, where he had 700 Horse, and some Foot, for &illegible; weeks, who had continually skirmished with the town, and &illegible; &illegible; both sides, the Scots in Ulster are come 3 dayes match South &illegible; favour of Ormond, as its believed to fall upon General Oneal.
FINIS.
T.200 (6.17) Thomas Prince, The Silken Independents Snare Broken (20 June 1649).↩
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Bibliographical Information
ID NumberT.200 [1649.06.20] (6.17) Thomas Prince, The Silken Independents Snare Broken (20 June 1649).
Full titleThomas Prince, The Silken Independents Snare Broken. By Thomas Prince, close Prisoner in the Tower. Turning the mischief intended upon him, in Walwyns Wyles, upon the Seven Independent authors thereof, viz. William Kiffin, David Lordell, John Price, Richard Arnald, Edmund Rosier, Henry Foster, Henry Barnet.
Estimated date of publicationProv. 30. 12, 13. There is a Generation that are pure in their own eies, and yet is not washed from their filthiness.
There is a Generation: O how lofty are their eies! and their eie-lids are lifted up.
London, Printed by H.H. for W.L and are to be sold at the sign of the Blackmore near Bishopgate, 1649.
20 June 1649.
Thomason Tracts Catalog informationTT1, p. 751; Thomason E. 560. (24.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
THE SILKEN INDEPENDENTS Snare broken, &c.
AFter I had been violently fetch’d out of my bed and house by Souldiers, horse and foot, and had been imprisoned in the Tower above six weeks, for no other cause that I know, but for manifesting my affection to the liberties of my Country; and, with my fellow-Sufferers, had been visited and comforted with abundance of single-hearted Christians, both Men and Women, whose affections I shall ever thankfully remember: After this, upon a suddain, by Order of Parliament, I was deprived, not only of those my Comforters, but of the society of my true Friends, and fellow-Sufferers, and (as they) was made so close a Prisoner, that my Wife and Children were for a time denied to see me. This, considering it was a measure I never look’d for from a Parliament, and from persons for whom I had adventured my estate and life, more then once: This, I conceive, will be soon apprehended to be of a sore and cutting nature; and, I confesse, it did very much oppresse my spirit.
When behold (as the fittest season to adde unto my sorrowfull condition) seven of Job’s Comforters give me a visit, In a slanderous Book, stiled, WALWYNS WILES; and therein present me with a cup of gall and vinegar to drink. I looked upon their names, considered they were men that were most zealous Professours of Religion, that had boasted very much of the Spirit of God, and called themselves Saints, men that I had done all the good I could unto: I wondred and stood amazed to see and reade the horrible falshoods there related, purposely to destroy me and my Friends: So that for a good while I was even confounded, to see how far different this ordering was from all true and reall Christians: This, I thought, might be sutable to Professours, but no way approveable in the School of Christ, by any that make his precepts a rule of their practice. Professing Christians might possibly bear no better fruit: but, I thought practicall Christians throughout the World, would blush to own it.
But when I throughly weighed the men, and this their Communication, I found it no nevv thing for reall-hearted Christians to be scandalized and abused by men that took upon them a meer form of godlinesse (serving God very much with their lips, when their hearts are far from him) having no power thereof in their lives and conversations; and that it hath been the constant practice of such in all ages, as the Scriptures and other Histories do manifestly declare.
Hereupon I left to wonder, that I and my fellow-Sufferers should be thus slandered and abused by these false Teachers, and false Brethren, who call themselves Saints and Christians, but are more like the Jews at this day, who are said to make no scruple of mischieving any that are not of their Synagogue, of their Congregations, or Churches.
But God, I trust, will enable me to cast these seven vipers off, that thus leap’d upon me at an advantage, with intention to sting me to death; and will preserve me, and my Friends, that we shall take no harm at all by their malice, but make them lick up the poyson they have here vomited; and that all men shall see their snare broken, and the harmlesse birds escaped: For if their Wyles be well observed, they at once labour to poyson our good names, and lay snares purposely to entangle us in our answers: but God, in whom I trust, is All sufficient.
In their Epistle, they are pleas’d to say, That they that do look upon Mr Lilburn, and my self, to be simple-headed and simple hearted——It’s well yet, you deny not but Mr Walwyn, and Mr Overton, have plainly, and for many years, seen your juggling and hypocrisie, and only Mr Lilburn and I are simple: You do not say, in what; and if you mean that we were simple in that we did not see your dissembling, and the dissembling of your Faction sooner: Believe it, you are mistaken, for we have both seen it many months, and some years, and told some of the chief of your Faction at least 22 months ago, that you carried on A New England design: That, under pretence of Religion, our Laws, Liberties, and many mens lives, should all lye at your mercy, if once you composed your desires.
You proceed, and say, That although in words we professe, yet in works we deny the interest of England, viz. that the People at Westminster are not a lawfull Parliament, but th’are maintained by the power of the Sword, to over-awe and tyrannize over the free-born People of England; that it is against the Laws of the Land, that there be any Martiall Law in time of Peace, though an Army under pay insinuating, as if we were all in Peace, which we are not likely to be, while such coles of contention are kindled by them; that the design of the House at Westminster, and Councel of State, is, to keep down the People under tyranny and slavery, by an Army (as if it were possible, as the case stands, to settle the Commonwealth without an Army)
As for the interest of England, and just Authority of Parliament, there is no men in England have, or do stand for it more then Mr Lilburn, Mr Walwyn, Mr Overton, and my self, as our actions can plentifully testifie, both before the late Wars, in all the time of War, and since; and if we had not stood for the interest of England, we had not now been in prison, but might have been prefer’d to great Offices; provided, we would have been silent, and not regarded the true interest of England.
It is well known how I have assisted for the preservation of the just interest of Parliaments, both in person and purse, and did engage all the friends that ever I could in their behalf; for when as Committees of Parliament sent unto me at such a time when the Parliament and the affairs of the Nation were in a low condition, and did acquaint me with the urgent necessity; and desired me as I tendred the good of the Nation, to furnish them with the quantity of Cheese and butter according to their Order, and I should be paid at a certain day (within few moneths after:) according to their desire, I did then forthwith deliver unto them to the value of above a thousand pound; which although I delivered it almost seven years agoe, and was promised by the Committee, who did contract with me, that I should be paid part thereof within three moneths, and the remainder within few moneths after; yet to this day the money is un-paid unto me; the want whereof hath been exceeding prejudiciall unto me; I am sure it hath been many hundred-pounds, if not thousand of pounds damage unto me, I dare appeal to the conscience of any rationall trades-man of London, who hath no way of living to maintain himself, his wife, children and family, and to pay all taxes, but his trade; and let him judge what it is for a trades-man to be without all, or most of his estate six or seven years.
Likewise I hearing of the great distresse of our brethren of the City of Gloucester, I used my utmost abilities in their behalf, I engaged one of the first Companies of the Train-bands in London for their relief, which engagement was agreed unto, provided I would goe, which I did, and one of my servants; and at the fight by Newbury (coming from the relief of the City of Glocester) I was much wounded, and was above two years in the Chyrurgions hands, who did take out of my wounds thirty six pieces of bones (many more are broken) and am very often pained therewith exceedingly: my conscience doth witnesse unto men and my actions will testifie, how faithfully I have assisted to my very utmost abilitie, from the beginning of the wars to this day, for the reall preservation of the interest of England, and for the just authority of Parliaments; and am perswaded, if I had served any other Authority in the world with that faithfulnesse I have the Parliament, I should not have been dealt withall as they have done; I am certain, that I never wronged nor abused the just authority; as for those at Westminster, the great Officers of the Army, in whose judgements you acquiesce, they called them a mock Parliament, a mock-power; but when I did so, or called the Men at Westminster—that’s yet to prove.
The People are so ignorant, they cannot tell, whether they are over awed by the Sword or not, and whether their freedoms are taken away or no; you only know all things, the people are so simple headed, as I, it may be, and cannot tell when they are whipt and pincht; you pinch and cry out who pinches you; I am sure I know who imprisoned me contrary to Law; and who keeps my estate from me: As for Marshall-Law, it is not what Mr. Lilburne and I say, but what the Petition of Right and other good Laws saith, there it is to be found, That Marshall Law is not to be exercised when the Courts are open, no not against enemies although taken in arms; it being very just it should be so; for the tryall by twelve men of the Neighbourhood ought not to be denied to any: Marshall Law ought to be exercised only in times of necessity upon (or close to) an engagement with an enemy, and in cases that will admit of no delay; or, when the Courts are not open: If Marshall Law should continue while an Army is in pay, the Souldier who pretends, and is called forth, to fight for the Freedom of the Nation, is in all that time of service, in a worse condition of bondage a hundred fold, then he was before he was a Souldier; so that while he fights for the liberties of the Nation, he himself is in bondage, being denied the benefit of those Laws he fights to preserve.
Before he was a Souldier, if he had been accused for breach of the Laws, he had liberty to be tryed by his neighbours where the fact was committed; to except against 36 Jury-men, his Jury to be sworn to do justly, it did behove them so to do; for the man that the Jury sits upon one day, may be of the Jury to judge some of them the next day: It is not so in Marshall Law, they are not chosen by the Country: Nor hath the Souldier liberty of exception, or ever to attain to judge any of the Officers; besides, the cruelty of the Articles of War being worse then any Law in the Land, and the Officers are generally both parties and Judges: So that still I say, God blesse Englishmen, and Souldiers too, from such trials, whatever you say.
Marshall Law is somewhat like to the Laws of the Scribes and Pharisees, and to the Laws of the Turks and other Tyrants, who lay heavy burdens upon others backs, but not touch them with their own finger: Is this according to that golden Standard? Do as ye would be done unto; none but Hypocrites will say it is.
Usually, you know, the Asperser is guilty of what he asperseth others withall, You say, Mr Lilburn and I are the hinderers of Peace, when you and your Faction are the great and only hinderers.
The last War had been prevented, and the Nation setled in Peace long ago, if our advice had been taken; but you and your Faction countenanced the breach of engagement with all sorts of people; abusing honest men, as now ye do; courting the KING above measure, one fit;* and said, “That the KING was as Consecrated Corn, and ought not to be cut down by any but by God only: Mr Kiffin kissed the KING’S Hand, and after that, he used his endeavour in perswading people for a Personall Treaty; and to that purpose was Mr Kiffin, Mr Patience, Mr Price, and others of that Faction with a Petition at the Parliament dore; in the next, No more Addresses, endeavouring to close with corrupt interest; by which fraudulent dealing, and extremes, a new War came to passe: But when the chief of your Faction, seeing to what detriment they had brought themselves, by their abusing us, and other good People: how did they weep, and lament, and call upon God! And, O the promises they then made! they would never abuse honest men more! And if God would be but pleased to blesse our joynt endeavours really, what good men would they be; when as no sooner the storm begins to blow over, but honest men were destroyed and abused; which all that have any conscience, cannot deny.
The Councel of Spain, and their Confederates, cried out, that the Prince of Orange, and those that assisted him, were the cause of the troubles in the Netherlands, when as they that did so asperse him were the only cause: It is apparently known to be a truth, that you, and your Faction, are the cause of the troubles of the Nation; you hinder all good Petitions, Agreements, or any thing that tendeth to the setling of the Nation in Peace; whereby the oppression of the Nation, with all the supporters of Tyrannie, might be taken away, and provision for a Representative for the Nation, to be freely and annually chosen; with bounds to them, that they, nor any, shall ever be able to enslave the People any more. These things you are against; neither do you offer any thing that hath any freedom in it; but you are, and have been a long time, willing to joyn with any corrupt interest; as by your crying up the KING and Lords, when you were in hopes they would have joyned with your Faction; Mr Kiffin, and others of you, kiss’d the KING’S Hand, and were for a Personall Treaty; and the Lords by you cried up in your Petitions, to be the High Court of Parliament, and that you would stand by them: Every one that hath but half an eie, may see thereby, how you are to be trusted; Hosanna, to day; and crucifie them, to morrow.
You follow the steps of your Fore-Fathers, who made, as you do, great shows of Religion; the former Factions in our daies did the same; so it was in the daies of Christ and his Apostles, and from age to age, men that would neither do good, nor suffer others; we find it true by you: you will neither suffer us, and other good people, so much as to propose any thing to settle the Nation in Peace, nor do it your selves, but cry out against us with reproaches, as other Factions have done against faithfull men in all times.
As for setling the Nation by an Army, I conceive that it ought to be setled upon Foundations of equity, all the Peoples oppressions and tyranny removed, only just and necessary things laid upon them, the supporters taken away, provision for a constant annuall Parliament freely chosen: this being done, and the Parliament and all Authority so bounded, that they shall never be able to enslave the People more, we should then need but a little Army under pay; yet the Nation be put into a stronger and more united Posture of defence then now it is.
You likewise say, “That we have acknowledged, in our severall Papers, that they are the supreme Authority of the Nation, and yet would tye them to govern by the known Laws; not to alter the Government, viz: to establish a Councel of State; yet have power to take away the Life of the King, and abolish the House of Lords.
It is true, we have acknowledged the Commons of England the Supreme Authority; and that little number of men at Westminster* we have made our addresses unto; judging of two evils the least, to chuse rather to own a few men, untill a Parliament called by the People (which was promised with all their might speedily to effect) then solely and only to be ruled by the wils of Sword men: yet withall we told them, that the supreme Authority must be used only to a supreme end, the safety of the People; they having no Authority to make us lesse free then they found us: It is well known, the Petition of Right, and many other good Laws, were made before the late troubles, and are still, or ought to be, of Force; the benefit thereof ought not to be denied to any: And if the King, or any man, do offend, it is for breach of a Law, which ought not only to be made just, but published and made known to the People; and by that known Law, both King, and all People, ought to have been tried, and by no other; Parliaments have no Authority from the People, nor by the Law, to be Judges of mens lives; and a Law cannot be said to be broken, untill it be known: You do not sure imagine the Parliament by its supremacy may take away from the People the Petition of Right; or continue Taxes worse then all the pattents, as the Excise; or such things, as caused the War against the KING: if you doe, I am sure I do not; and pray God to blesse England from such a supreme Authority in a Parliament.
The Parliament have authority to take away unjust Courts, and to make the People more free then they found us, but not lesse; the high Commission, Star-Chamber, and Councel-Table were all put down, as being palpably unjust, in that they did examine men upon Interrogatories, imprison men at pleasure; and it was enacted and expected, that the like should never be practised or erected under any other name in England: Yet it is well known, and we do find it, that men are set up called by a new name, which doth act the same things, and worse then ever they did; and yet you would have us not complain, but abuse us if we do. Or, was it unlawfull for the high Commission, Star-Chamber, or Councel-Table, to examine men upon Interrogatories? to set Spies over men, and to imprison People at pleasure? The same being now done by you, is tearmed lawfull: The Riddle, I see, lyes here; it was unlawfull for the Bishops Faction to abuse the People, because some of you, and many of your Friends, were abused: but your Faction being got into their seat, and using the very same practises, and worse; yet this is lawfull, as you account it. Indeed, as simple as you account me, I am not of your mind: neither is any People of that opinion, but those that are for Tyrannie and oppression.
In your Epistle, you likewise say, That the sending of Forces to Ireland is for nothing else but to make way, by the bloud of the Army, to enlarge their territories of Power and Tyrannie; That it is unlawfull War, a cruel bloudy work, to go to destroy the Irish for their consciences (though they had kil’d many thousands for their consciences) and to drive them from their proper, naturall and native Rights; though they have done the like for others, &c. These are your own words, and pray keep them your selves for me; for where have I express’d so much?
But, as for Ireland, upon a true account it would appear, that I have done more for the relief and good of it, then all or most of you; I am sure, I am some hundreds of pounds the worse for what I have done. As for those murders and cruelties done by any of the Irish, I am against them as much as you, or any men in England can be; yet it’s conceived, there is some of the Irish had no hand in the murders, no more then London, and other Counties of England, have had in the shedding of the late innocent bloud: Shall London, and all places, suffer for the innocent bloud shed in England? No, God forbid! the most of them were against it.
If England were setled, as afore mentioned, the goodnesse of the Government would invite the Irish, with a desire unto it; there would then be some hopes (sending over faithfull men, those who would make conscience of their waies, such as would keep their engagements) that the Irish would soon be reduced; as being willing to change their condition of bondage for freedom, and willingly render the chief Authors and agents in that inhumane butchery up to justice, whereby much innocent bloud might be saved.
Also care ought to be taken, that if when the Irish are overcome, that none of those imployed, do turn the gaining thereof to their own domination; a tast whereof, you know, is exercised in England: for what are we better for all the victories gained this 8 years? Are not the People more burthened then ever? Wise and honest men will acknowledge it.
Julius Cesar had Commission from the Roman people, and the Army under his Command, raised and paid by them, the said Cesar was chief Generall 7 or 8 years; in which time, he obtained against the Peoples enemies, as many, and far greater victories, then have been obtained in all these Wars; and after that, he broke the Authority that gave him Commission, in pieces, set up himself, and turned all the Victories into bondage: Was not he a godly precious man? Did not God own and appear for him? These are your words of some men of our daies; which whether they do not the same things he did, I leave it to wise men to judge.
You say, “That I endeavour to divide the Army, and break it in pieces by jealousies and discontents; and so (in conclusion) to give advantage to the Rebels to invert and overthrow this Land.
You are mistaken in what you charge me: I have assisted the Army to the utmost of my abilities all along, even to the hazard of my life and estate; and I never did any thing that tendeth to make division, but desired they would remember their Engagements to the People, and that the People did not pay them for nothing, nor that they should help any to Lord it over the People; but that they should discharge a good Conscience, and make good their engagements; which is that the people do expect, and which in conscience they are bound to perform without delay: he is the Troubler, that doth not keep his engagements: that which you unjustly accuse me of, you and your Faction are guilty of.
And for keeping out of Rebels, I am not only against any that shall invade the Land from abroad; but I am against all that any waies invade our liberties within the Nation: I am of the same judgment as I told Mr Bradshaw I formerly was, I hate injustice, wheresoever I finde it; and in a Parliament I esteeme it more hatefull, then in the King or Bishops; its a true marke of a Faction in all ages; they disturbe the world to remove one oppressour, that they may get his place, enrich themselves, and over-rule all themselves; and this is so apparently true to be now exercised by you, and your Faction, that few, if any, are ignorant of it; If all authorities whatsoever would bring their actions to the Rule (do as ye would be done unto) as they ought, this Nation had been setled long agoe, and the people eased of the two millions of money which now at least yearly they pay; if this rule had been observed, I had not been (nor my fellow sufferers) in prison. Would Members of Parliament, or any man in Command, be content that others should imprison them, or put them to Death contrary to Law? certainly they would count it hard measure to be so dealt withall.
I am confident no Member of any authority or command, that hath a good conscience, dare do that to any, which he would not have others in the like case to do unto him; it is only Scribes, Pharisees, Hypocrites, that doth or would do otherwise; the woes of Heaven, and the cryes of the oppressed, good people (which God doth hear) are against them; and doubt not, without their speedy amendment of their wayes, they will suddenly fall, and be seen no more, but receive their portion with tyrants, truce-breakers, hypocrites, and robbers of the people.
Pag. 4, You use these words, we have of late observed severall expresses from three of the manifestators so quallified, as if writ by the chief secretary of the prince of slanders: and in the said Page, you acknowledge Mr Lilburne and my selfe, to be two of the manifestators; that which I writ before the manifestation was made, was onely a narrative of the apprehending of me, at or about four a clock, 28 March last in the morning, with a guard of 200 or thereabouts, Horse and Foot; the unjust questions put to me by Mr Bradshaw, and their dealing with me contrary to Law, or Equity, with my answer; it is in Print, and I do avouch it to be true, and I shall leave it to any rationall man to judge, whether I that writ the Narrative, or you that write these untruthes against me, are chief secretaries to the prince of slanders.
You say, Through whose lines, as through a Prison-gate, such a distempered furious railing and raging spirit, doth stare and gaze their sober and judicious Readers in the face, spitting such venome, rancor, and malice, against the most pious, and deserving men of this Nation, that they cannot do such homage to Beelzebub, the prince of such spirits, as to hear the sound of his revengefull and erroneous language, and to waste their time in reading such slanderous Declarations from his infernall court; these are your words.
Who would take it for a high offence if one should say, you are not Saints, as you would faine be esteemed, Godly pretious men; to call a Knave a Knave, if done by me, or my friends, is an un-Christian-like speech, as you call it: but you have a Religion, that suffers your conscience to say any thing, yea, to raile religiously: O be a shamed to mention Religion any more, or leave your bitternesse and hypocrisie; framing of Lyes is nothing with you: the words I then spoke, when I was before the men you call Godly, which since (as I said before) I have writ and published, with all the passages about my Imprisonment, is no scandall but truth; and written by him who ownes no such Master, as the prince of slanders, nor his Court wheresoever it is; and that I did not abuse any Pious and deserving men in this Nation, (I wish all such had their deserts) but I was abused by Hypocrites, Dissemblers, and Apostates, such as your selves, who suggested false things against me.
The word, Court, is much in your mouthes, it seemes you are all turned Courtiers, Noblemen of the stampe, Knights of the new order of the cloven foot: Mr Price I hear is one of the conclave that fits there, and gives oathes of secresie to Spies, and Intelligencers, as Mr Blanke is ready to testifie; and which is another riddle, they proved not his back friend, though he refused the office.
Pag. 6. You say, That the manifestation which we put forth, April 14. 1649. is not the licentious provoking, daringnesse of Lieut. Col. Lilburn’s Pen, nor yet the notorious profanesse of Mr Richard Overton’s Pen; as for Mr Prince, he is a younger brother (lately drawne in) and no farther accomplished in his brethrens art, then in the lesson of conformity unto their proceedings, and conscription unto their oppressours.
You are exceedingly mistaken in these your suggestions, and slanders; I am not a younger brother as you suppose, being antienter then two of my fellow sufferers; and if your meaning be, that I am weak in judgement, and am led by them, or any others, you are mistaken; for although my fellow sufferers, Lieut. Col. John Lilburne, Mr William Walwyn, and Mr Richard Overton, are men that have stood this many years as much as ever men in England ever did, in opposition to Tyrannie wheresoever they have found it; and have endeavoured, to their utmost abilities, even to the hazard of their lives; that the Nation might be setled in peace and safety; that all oppression from the people might be removed; that there may be no complaining in the Land, and this I know, is their desire, and what their conscience binds them unto; to use their abilities for the obtaining thereof: and although they are men that have much wisdome and knowledge, men that truely act things according to a good conscience.
Yet notwithstanding I cannot, nor ever did I see with their eyes, but in every Petition, or any other thing that I joyned with these, or any others, I was first of all convinced, and satisfied in my owne understanding in the justnesse of it, before ever I did assist therein; and this resolution, I shall God willing, follow both with them and all others.
And therefore you are exceedingly mistaken in your snares and suggestions; and where you further said, That Mr Lilburne, Mr Overton and my selfe, had no hand in the framing of the manifestation which we put forth April 14. 1649. but that it was only Mr Walwyn’s pen, and not ours; this is another of your mistakes, or rather of your snares to divide us; for Lieut. Col. John Lilburn, Mr Richard Overton, and my selfe, had each of us our parts also in the framing thereof: I shall not prove so simple headed, as to be caught with such Chaffe; a weake flye would easily break such silly snares and cobwebs: true Spiders worke, and too much of the Serpent.
Pag. 26. You say, As for Mr Prince, I have no acquaintance at all, but have heard a good report of him: by this your juggling it doth appear you have a conscience to say any thing; first you say, I am chief Secretary to the prince of slanders; and after that you confesse, and say, I know not Mr Prince, but hears good report of him: when the Devill spoke in the Scribes and Pharisees, then he said, we say Christ deals with Beelzebub the prince of Devils (they asperse Christ who was Innocent, with that they were guilty of) but notwithstanding, when the Devill came to speak alone, then he said, know it is Christ (or I have heard a good report of him) when you come with your We; then you term me to be chief secretary to the prince of Devils; when with your I, then, as the Devil did, you can speak the truth; (And although in your paper it is said, I have no acquaintance at al of Mr Prince) yet I know you Mr Kiffin, and have this nine years, and four more of you; and I know your dissimulation, and the snares you lay, to catch and abuse the people, and whose agents you are; and I know and see through your vanity and formes, and your superstition, which you call Religion, your feastings, and rejoyceing after you have done evill: I am not so simple to be caught, or taken by these snares, and cobwebs of yours, or of any faction whatsoever, nor all your allurements, enticements, or threats, imprisonment, or any thing in this world shall ever perswade me to the contrary.
To me your snare, and the snare of your Faction is broken; my conscience is fully convinced of the abomination of your wayes, and if there were no more men in England, or in the world to protest against your wayes and Wiles; which I may truly say are the worst that ever was in this Nation; yet I have, and will do it while breath is in me.
All that have good consciences will fall from you, when once they understand what you intend; I am sure God is against all such hypocrites; and when the eyes of the people are a little more open, they will no longer endure such deceivers as you are, but forsaking your flattering fraudulent Councell, will give eare to honest things; and use their utmost abilities (being bound in conscience thereunto) for the removing of all oppression from the people, and for a just settlement of the Nation; wherein all authority may be so bounded, that they shall never be able to enslave us any more, however, this God willing shall be endeavoured by me, so long as God shall give me life and health; as not knowing which way to manifest any thankfulnesse, more to his praise and glory.
the Tower of London,
T.291 [1649.06.22] (M12) Anonymous, The Grand Case of Conscience stated about Submission to the new and present Power (22 June 1649).↩
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Bibliographical Information
ID Numberabc
Source or Full titleThis tract was originally published as part of The Struggle for Sovereignty: Seventeenth-Century English Political Tracts, 2 vols, ed. Joyce Lee Malcolm (Indianapolis: Liberty Fund, 1999). Vol. 1 </titles/810#lfMalcolmV1_head_753> .
Anonymous
The Grand
CASE OF CONSCIENCE STATED,
about Submission to the new and present Power.
OR,
An impassionate Answer to a modest Book concerning the lawfullnesse of submitting to the present Government.
By one that professeth himself a friend to Presbytery, a lover and embracer of Truth wheresoever he find’s it.
22 June, 1649
Thomason Tracts Catalog informationabc
Editor’s Introduction
Francis Rous’s tract, “The Lawfulnes of Obeying the Present Government,” designed to assure a war-weary public of the good sense and logic of obedience to the republican regime, set off a furor. “The Grand Case of Conscience Stated” was one of the first and most compelling essays in the debate that followed. Penned by an unknown author, the tract’s single edition appeared on 22 June 1649, about two months after Rous’s work, and took great exception to it.
Its author claimed to have adhered to the Parliament during the war but objected to the startling changes in government. He argued against convenience and pragmatism. He insisted that it was immaterial whether a free state was more convenient than a monarchy since England already had an ancient monarchy. Nor were oaths of allegiance only to be kept when convenient. He saw an insupportable contradiction between both the prewar oath of loyalty to Charles I, the Solemn League and Covenant of 1643 with its vow to “preserve and defend the king’s Majesty’s person and authority,” and obedience to a Edition: current; Page: [407] kingless government. Rous was also taken to task for the dangerous implications of his argument that any ruler, no matter how he came into power, must be obeyed. This would, readers were warned, merely open the door to tyranny.
The issues set out in this debate between Rous on behalf of the Rump and his anonymous opponent were to form the basis for the argument over the engagement oath that followed several months later. Indeed the exchange hit upon most of the key issues that would constitute the controversy for the next decade. These tracts mark a sharp break with earlier debates on allegiance and political power that focused upon the ancient constitution and the proper limits of monarchy as revealed in scripture, history, and law. The new questions fixed upon the legitimacy of pragmatism, the needs of the community, and the requirements of oaths of loyalty. These same issues would resurface in the wake of the Glorious Revolution.
Text of Pamphlet
Anonymous, The Grand Case of Conscience Stated
Edition: current; Page: [406] Edition: current; Page: [408]Although I love not contention, yet I desire satisfaction: that whilst I live amidst a tumultuous generation, and unquiet times, I may be delivered from a troubled spirit and discalmed minde. A wounded spirit who can bear? I was willing to have sat down in silence, resolving to have kept my conscience, as void of offence to others, so free from disturbance in itself, chusing rather quietly to suffer for not doing what was commanded, than knowingly to act what is (at least to me) unlawfull: such a Liberty of Conscience I conceive none will deny me. But since that Book came to mine hands, I (although unwillingly) undertook this task, not only out of an earnest desire I had to finde out truth, but for the unusuall modesty of the Tract itself, knowing that the fowlest corn is best winnowed in a gentle gale; a tempestuous winde blowes away chaffe and corne too.1
I shall take a brief view of the book, and submit what I shall speak to the Authour’s judgement, A Declaration hath been lately published, &c.2 Indeed there was such a Declaration published, which I desired with much earnestnesse, and read with some deliberation, expecting to have found the very quintessence of reason, and strength of argument, whereby judicious men might have been wholly convinced, and abundantly satisfied; but my scruples were not answered by it. For suppose that had been proved, which was there much argued, That the government of a free State were in some respects more convenient than that of Monarchy; that might have been a prevalent argument to an irregulated people, who were (de novo) to constitute a Government, not to those, who had before an ancient form suited to the people, established by Law, confirmed by Oath, and engaged to by the severall Declarations of them who are so sollicitous for the altering of it. Surely if convenience or inconvenience only can break a promise, and disingage an Oath, David was much mistaken in the Edition: current; Page: [409] 15th Psalm, and others may be easily cheated, who expect ready performance of, not needlesse disputing about Oaths, in which men stand bound to them. What is there said concerning Declarations [That the Lords and Commons were of that minde when they made them] may serve their turns for the present, but would equally serve others’ turns for the future;3 For by the same reason, when those that penned and published that Declaration, shall borrow money of men, and declare to pay them, imploy Souldiers with an engagement to satisfie them, people may suspect that their mindes may alter, and then (by this rule) their former Declarations will be of no strength.
What is further spoken in the Preface for a lawfull obedience to an unlawfull change of Government, will be touched on in the further prosecution of this discourse. It is said [The Apostle commands obedience to higher powers, Rom. 13. and thence it is inferred, that he speaks not in that place meerly of power or authority abstracted from persons, but of persons cloathed with that authority].4 The Apostle speaks there directly of Authority, of men only in subordination to that Authority; no further than as the executioners of that power, because it is impossible Authority should be exercised, but where men are to manage it. The Apostle in that place requires submission to legall Authority, by whomsoever executed, not to any men commanding by an illegall power.
Higher powers are there expressed indefinitely, not pointing at any particular government. In a Monarchy, an Aristocracy, a Democracy, the people under the severall constitutions may, yea must, by the Apostle’s command obey the higher powers, those who by their legall constitution are in Authority, not in power, over them: there is a law of nature, that will make man obey a power if he cannot resist, but the injunction of the Apostle (there) is only to lawfull Authority. I beleeve the Authour of that Book knows, that those only can be the Edition: current; Page: [410] higher powers, or legall Authority of any Kingdom, which the constitution of that Kingdom makes such, and that only can exact obedience according to the Scripture rule. Now what the Higher powers of England are, by the constitution of this Kingdom, is sufficiently known.
The Apostle commands wives to submit to their husbands, Ephes. 5.22. surely the injunction is for obedience to husbands, quà husbands, not quà men, indeed not abstracted from their persons, because it is impossible the authority of an husband should be submitted to, where a man is not to exercise it. But should a stranger come to another’s wife, and call himself husband (having before either imprisoned or slain the rightfull husband) and require submission, I scarce think the Authour himself (especially if he be married) would presse for obedience to such an usurped power: such a woman may be forced, and overpowered, but to submit to him as an husband, were a sinne.
What is there urged as the great argument to prove the lawfullnesse of obedience to the present Government, hath been my main deswuasive (viz.) the Apostle’s command to obey higher powers for conscience’ sake. Had I been convinced that the King in his person had been the higher powers of England, and that his personall command had by the Apostle’s rule exacted undeniable obedience, although he had been visibly acting what we suspected, and palpably introducing what we feared, I should have submitted for conscience’ sake. The great inducement I had to adhere to the Parliament, was (besides the hopes of better reformation) that thorow conviction that lay upon me, both by mine own reason, and Parliamentary practices, that the two Houses of Parliament, in case of the King’s absence, weaknesse or refusall, had in them such a part of the higher powers, and supream authority, as to defend, and preserve the people without, yea against the King, doing, commanding or exacting anything besides or against the law. And this is that main block, at which I stumble in yeelding Edition: current; Page: [411] obedience to this new power, because I am yet convinced, that they are not the higher powers of our Kingdom, to which the Apostle requires obedience.
I acknowledge a government may be altered (although I think it not safe, but upon urgent and evident necessity) to which being altered obedience is required, but it must be done by the higher powers still, whom we ought equally to obey in submitting to an altered, as a continued form; but for any party by force to lay low the higher powers, and to exact obedience as to the legall Authority, is to me a sinne.
I am not ignorant what pleas there may be from inconvenience in such a doctrine, but according to the light I have, where lawfull or unlawfull are in question, their convenience and inconvenience must keep silence.
It is to be observed what is spoken by the Apostle in the same place, the powers that are, are ordained by God:5 to which in the second page of the book is a little addition, viz. Rulers and those that were in authority were ordained of God: the Scripture enjoins obedience to powers, to men only as intitled to those powers: the authority was ordained by God, not the Rulers, they were constituted by men, the power may be God’s Ordinance, when the deputing of persons to the exercise of that power may be (at most) but God’s permission: nay, that men in Authority (Rulers in the Apostle’s expression) are to be obeyed no further than as acting according to that Authority, is the judgement of one much used by the composer of that book. When a Tyrant shall offer violence to his private Subjects, which they can by no other means avoid, they may defend themselves and theirs against that Tyrant as against a thief. When are men properly called tyrants, but when they either usurp or exercise a power contrary to the law and usage of those places where they rule? when a consciencious obedience is required to the Authority, but not to those, who by their Edition: current; Page: [412] own will, or procured force, either usurp or exercise a power besides that Authority.
Should we grant that men assuming to themselves the place and power of Magistrates, by what right or means soever they came by it, must be obeyed, surely it would be the greatest inlet to tyranny in the world, and the speediest means of destroying states that could be invented: for then should none govern in any Kingdome any longer, than their swords and their strength could bear them up.
Thus much I shall yeeld, That when any shall usurp Authority, by whatsoever title or force he procures it, such may be obeyed in reference to their power, while they command lawfull things, but not in reference to Authority. A man being overpowered may yeeld for his own safety, but to submit to that usurped power, as to the legall Authority of that Kingdome where it is, is to assert that as lawfull, which is but usurped, and in the Scripture language to make a lie.
From this I shall take a just occasion to speak to those instances there urged, from obedience to whom, the argument is drawn to prove the lawfullnesse of our submission now.
Concerning Claudius Caesar and Nero which are mentioned, pag. 2, 3.6 how they came in by force, yet were obeyed by the people, I shall not trouble myself nor the Reader with any tedious search into, or large recitall of the story, but take it as there laid down, and give a brief answer to it.
But before I fall upon a plain answer to what is there fallaciously urged, and shew the insufficiency thereof to prove that for which it is asserted: I conceive there will appear such a disproportion between the quoted instances and our present case, that should we grant all the premises, yet the conclusion would not directly follow to prove the question. The most that can be asserted from those examples is, That people did obey a supream power as exercised by those who had Edition: current; Page: [413] no true (at least but a dubitable) title, when the same form of government was still continued, for so it had been for many years before, during the reign of 4 Emperours, yea, such a government which was the pristine constitution of that place, it being Monarchicall for above 44 years, till Tarquinius, about the businesse of his son with Lucretia, was rejected. Whether party had or pretended most right, and the best ends in their changing of the government, either J. Brutius from, or Julius Caesar to Monarchy, I shall not dispute: nor shall I decide, whether God might not justly give them to see the evill of a change, who (it may be) chiefly out of a desire of change, would wholly alter a constituted form. But this is not our case. The insubmission of people now, is not grounded upon a suggested scruple of a dubious title to the same, but upon an apprehended illegality of the new and needlesse establishment of another government. It is one thing, and as in itself more lawfull, so to people lesse scrupulous, upon a pretended title to usurp the exercise of an established Authority: another, and as in itself lesse just, so to people more doubtfull upon pretended apprehensions to eradicate a lawfull Authority, and illegally to lay low those which legally are the higher powers of a Kingdome. In the one, people lesse able to examine titles, submit to the established government of that Kingdom where they are, and this is sufficient to yeeld obedience, that they know not who hath the right. In the other, they must give themselves up to a new-fashioned modell illegall to them, because not the constituted powers of that place, and this is enough to withhold Allegiance, that they know such have not (nor pretend) a Title.
Now to the instances themselves, to see how farre they prove the lawfullnesse of our submission to a change of government, although the change be beleeved unlawfull.
After the death of Gaius Caligula, the Consuls and Senate of Rome entered into a consultation, how they might restore the Common-wealth to her ancient freedom, I think this argument will take in all that is Edition: current; Page: [414] therein spoken: if the people of the Roman Empire did submit to the power of Claudius and Nero, who by force were put upon them, then the people of England may lawfully submit to a change of government, though beleeved unlawfull: but they did submit, therefore these may, I will finde no fault with the Syllogisme, because it is of mine own making, although it be the very summe of what is urged. What aequivocall terms there are whereby a spirituall eye would quickly see four terms (at least) in it I shall discover in mine answer to the severall propositions.
In the first Proposition, it being hypotheticall, I shall deny the consequence. For 1. A People may possibly do what is not in itself lawfull either for themselves or others to do, a facto ad jus non valet argumentum,7 had the author proved their submission legall, it had been more urgent. Indeed it is said at the end of that paragraph, We see Rulers put by souldiers into that power which is said by the Scripture to be ordained of God, and even to these Rulers men must be subject for conscience’ sake.8 But the Apostle doth not command obedience to these men, but to the powers, nay not to any men, but as commanding according to those powers (as was said before) nor is it materiall who put men in, nor what men are put into powers, if they are the powers that are ordained of God: those that command according to that Authority, must be obeyed: and whatsoever the souldiery of Rome did, had the souldiery of England (in this tacitely pleaded for) observed that doctrine before, we had not been (I think) disputing this question now. But 2. What might be lawfull for the people in the Roman Empire, may not be lawfull for the people of this Kingdome: I finde not in any History that ever they were sworn to a particular government as we have been. Things in themselves indifferent are made necessary, when by an oath engaged to. But of that more afterward.
To the Minor proposition, I shall say 1. That those mentioned had Edition: current; Page: [415] (at least seeming) titles to the Empire. Indeed it is agreed by all Historians I have met withall, that they were first encouraged by souldiers: but what iniquity is in that, if they might pretend a Title? The very end of power and strength is or should be to conserve and recover just right, we have always acknowledged it lawfull and expedient by force of Arms to acquire a rightfull possession illegally detained; But I could wish that this story had been printed and read by the sword-men in this kingdome five months agoe, that they might but have thought whether it had been greater honour to be recorded as men, that should guard a King of doubtfull title to the Crown, or to be storied as men that should bring a King of an indubitable right to the Scaffold.
I will not here dispute by what title, or according to what law Julius Caesar, nor yet his successour Octavius assumed the Empire, but when that government and those governours were received, and acknowledged by the Senate, it became lawfull to that people. Although Conquest be no true Title, nor durable tenure any longer than strength can keep it, yet compact upon that Conquest, gives a title to the Conquerour, and engageth submission from the other party to those rules resolved on at, or given out according to that agreement.
Tiberius from whom indeed both Claudius and Nero had their government, did not only for a great part of his time, do all he did by the advise of the Senate, but would (at least seemingly) be chosen by the Senate, as not contented secretly to step into a government either by the earnest engagement of his mother, or by the fond adoption of Augustus, but would have the call and election of the Commonwealth too: now here surely was a lawfull title, if the consent of the people could make it lawfull, although (it may be) not in its first acquisition, yet in its after establishment: and Claudius deriving his title from him, why should not people obey it? Yea, me thinks the Authour of that book intimates a title that Claudius had, where he saith, Edition: current; Page: [416] pag. 3. Claudius being frighted with the news of Caligula’s death, and fearing himself might be enquired for, upon suspicion withdrew. Had not he been the heir apparent to the Empire, what ground of fear, or what cause of withdrawing? Nay, if he had not been looked on as the rightfull successour, why should the souldier primo intuitu salute him by the name of Emperour?
For Nero he descended in a direct line on the mother’s side, from Livia, Augustus his wife, and although Brittanicus was the naturall son of Claudius, yet Nero (by Agrippina’s means) was his adopted son for the Empire, and brought to the Senate, where it was consented unto, that he should have his togam virilem, and be called Prince of youth: it being their usage, as far as I have observed in the story, that an Adoptive title assented to by the Senate, hath commonly been acknowledged, when a lineall succession hath been rejected: yea, the Authour seems to grant a kinde of title to Nero too, where it is said, pag. 3. that the sentence of the souldiers was followed by the consent of the Senate. If the Senate had any share in either constituting or declaring a King, Nero’s title was hereby established.
But what is this to our case? A rightfull or doubtfull heir was brought by souldiers to the Senate, who among themselves were contriving to alter their government.9 This heir was received by the Senate, and upon that submitted unto by the people. But doth the Authour think that if the Senate had declared and acknowledged, yea, promised to preserve the Title of a rightfull Prince, and the souldiers by the advice, counsell, or assistance of some party in this Senate, should imprison or slay their Prince, and take away the Major part of the Senate, only because against their actings, and this minor part relict should alter their government, yea, make themselves without the consent of the people their Rulers, that then the people would Edition: current; Page: [417] or lawfully could have submitted to them as their legall and rightfull governours nay, would not rather have resisted them, as not being those higher powers, whom they ought for conscience’ sake to obey?
Indeed had the King for some reason hid himself (as Claudius) or for other reasons absented himself, and the two Houses of Parliament legally elected, and freely sitting (at such a time esteemed) the higher powers, contrived a way for the altering the government, although I should not have proclaimed their wisdome, yea, should have bewailed their sin, in respect of the many ties and bonds of Declarations and Oaths upon them, I think I should have submitted to their power, yet I would not for my Oath’s sake (had I liked the thing) have acted in it. In which I think I yeeld more than many Anti-malignant men in England will do: yet how far from our case this is, what hath been spoken will testifie.
But 2. Had the instance been of Julius Caesar, who by meer force and violence, without the least pretence of Title acquired the government, which had better suited our businesse, yet I should say, that what submission the people yeelded, and what commands he gave, were in relation to a power which he by force had gotten, and did exercise without any pretence to a legall constituted power, till received and acknowledged by the Senate.
I confesse should these Rulers now in our Kingdom command submission to them, as to a conquering party, and acknowledge they did by power exercise, what by force they had gotten, I should in that sense submit to them, because not able to defend myself against them: but they call themselves the legall Authority, and higher powers of England, under which notion I cannot submit, because positively to obey what is thus commanded, whatsoever secret reservation I may have, I doe and must assert their power as lawful, and their Authority as the legall Authority.
By this I shall fitly descend to those instances of our Nation, to Edition: current; Page: [418] which what hath been already spoken, will give (me judice)10 sufficient answer:11 For
1. What submission was given to the Conquerour, was yeelded as to a forced power, untill by after-compact it was acknowledged and made legall.
2. What was practised by the successors mentioned (besides the acknowledged force in their unrightfull acquisitions, and violent exercise of power) it was only upon difference of Title, which people may not be able to judge of, as the Authour says, pag. 9. But amongst us, here is an alteration of government, where a change only seems to be asserted, no Title at all pretended.
3. What is spoken of Hen. 7. may be enough to answer the argument drawn from him and the rest too.12 Although the Title might be unjust, and the power illegally gotten, yet when the Title was acknowledged, at least, confirmed by Parliament, and the Laws whereby he (or they) should rule, were enacted in a Parliament, that did engage the people to an unquestionable obedience, the constituted higher powers then commanding, to whom the Apostle requires obedience: for although a Parliament (such I mean, which by the known law and continued usage of the Kingdom as a Parliament) should acknowledge or do anything civilly evill (I mean in reference to the State) it is lawfull and just in respect of the people, and engageth obedience, which I think will be a sufficient excuse for people’s yeelding obedience to their laws, not only because then enacted, but since confirmed by the higher powers of our Nation:13 although in the meantime upon the same ground they rest unsatisfied in the lawfullnesse of submission to the present power.
I might adde, that what the whole body of a Nation did, if illegall, Edition: current; Page: [419] doth not engage our practices:14 for we know Papists (and such they were all who submitted to the forementioned Rulers) make no conscience of denying a rightfull Title, nor yeelding to an illegall power, when they may but probably carry on their own design: but what is spoken already will satisfie, and I had rather give a rationall answer, than question the wisdome or honesty of Ancestors, where it may be avoided.
What is urged from the Casuists and Paraeus15 (although I am not bound jurare in verba, being of Dr. Moulin’s his minde,16 rather to like one argument than ten Authours) I shall agree to in that sense, in which I conceive they delivered it, to submit to such power as forced, not to their Authority as legall, unlesse it be such an Authority which by constitution and usage are the higher powers of our Kingdome.
The Authour after the example of others, proceeds now to give some reason of his own, which I shall also endeavour to examine, and so far as they carry strength and truth (at least to me) shall submit: where otherwise, I shall give mine on the contrary.
Indeed how can it be otherwise? For when a person or persons have gotten supream power, and by the same excluded all other from Authority, either that Authority which is thus taken by power must be obeyed, or else all Authority must fall to the ground.17 Persons may indeed get themselves the greatest strength, and in that sense may be submitted to, but they cannot illegally get themselves the legall power, nor can they exclude others from their Authority, although by force they may keep them from the exercise of it. A man may be a man, yea a living man, although by the violence of disease, he may be kept from outward Edition: current; Page: [420] actings. An husband may be a husband still although imprisoned and thereby kept from the exercise of his duty to his wife. A Parliament may be a Parliament still, although by violence kept from sitting and executing their Authority. I am so far from thinking that disobedience to such power will make all Authority and government fall to the ground, that I beleeve submission to such will quickly lay all Authority waste: for by the same reason that we obey this altered government and usurped authority now, we must obey any other suddenly, if another party get more strength, and what an unsetled state and unknown Authority we should then have may easily be judged. Nor do I think the Authour himself would be of the same minde, should the Prince with a potent army get the power into their hands. Surely were this doctrine true, those renowned men shall be rased out of the Calendar for Saints, that opposed the King’s power in Ship-money: nor must such be sequestered who under the King’s power formerly did lend or give whatsoever he required, whether men, money, horse or arms: nor these put out of the Parliament, who obeyed him in sitting at Oxon: nay, nor himself neither put to death for doing what was urged against him, if men in power howsoever they come by it are Rulers ordained by God, and to be obeyed for conscience’ sake.
If Confusion be worse than titular Tyranny,18 I wish that seeing we had no titular tyranny, we had had no confusion neither: and I should be glad that confusion may befall (if any) only such, who in this Kingdome have been the greater introducers of it, either those who acquire and assert, or those who cannot receive or submit to an usurped government: for although the end must not be destroyed for the means,19 yet he that destroys the means in its tendency to the end, will scarcely preserve the end at last.
If a Master’s mate had thrown the Master over-board, and by power Edition: current; Page: [421] would suffer no other to guide the ship but himself, if the mariners will not obey him commanding aright for the safe guiding of the ship, the ship must needs perish, and themselves with it. I doubt here is a fallacy, and this case will not concern our question, for I suppose, although I am not so well skilled in the discipline of marriners, as to know that a Master’s mate hath a kinde of Title to the government of the ship in case of the Master’s miscarriage, which suits not our condition. But suppose him to have no title, or state the question somewhat nearer our case, That if a party of the Sea-men should throw the Master overboard, and assume to themselves the government of the Ship. I shall then answer, That if that Mate or this party having the greater strength, should by power enforce and exact obedience of the rest, these ought for the safety of their own lives, although not to obey the Authority, yet to do the commands of the enforcing party, and if ever they come ashoar, to doe what they can to bring such unworthy persons to condigne punishment, who, besides the murder of the Master, would so basely hazard the ship too. But if that mate or party should command the Sea-men to obey them as the rightfull Master, I think (although with submission to better judgements) they ought not, although for the safety of their lives thus to obey them. It is better to lose a naturall life, than a quiet conscience, and a spirituall soul. The greatest advantage will not warrant the least evil. In such a case it would easily be judged both by God and men, to whose fault the losse of the ship should be imputed, either to them that did unjustly require, or those who dared not unwarrantably to do an unlawfull thing. I know not what the sudden fear of unavoidable death might make such men (de facto) do, and I can easily think what harsh censures their hazarding or losing their lives upon such refusall, may bear from rash and lesse considerate men, as an empty product of meer peevishnesse: but I am confident that a Synod of religious and intelligent Divines would conclude, that (de jure) they ought rather to adventure the losse of all, than call him a lawfull, who is but an usurped Edition: current; Page: [422] master, which they must by yeelding to his or their commands under that notion.
Whereas some speak of a time for settlement, they indeed do rather speak for a time of unsettlement, for they will have an unsettlement first and a settlement after.20 If I mistake not the desires of those who withhold submission to the present power, the Authour of that Book is mistaken in his apprehensions of them. That they desire a settlement (I think) is true, but that they desire an unsettlement first, is besides my thoughts of them; I know it is the grief of their souls, and causeth sad searchings of heart, that ever they were brought into such unsettlements, and thereby put upon such racks of conscience as these are. It is not unsettlement but a deliverance from unsettlement they long for: I scarce see how we can be more unsetled than now we are. Indeed being unsetled, we would use any means for a settlement, although for its procurement our unsettlednesse were more unsettled. If man be at the river’s brink, I would advise him to keep out of the water, but if at once he leap into the middle of the river, I should perswade him to come to the bank, although he wade through much water to come thither. I would counsell a man to prevent distempers, but when the disease is already contracted, I should prescribe some Physick for the safety of his life, although for the present it should more disease him.
What is spoken of the former Scriptures and Casuists in the same Page, I shall refer to what was before answered.
But it is asked: Whether that may not be called a settlement, how soon soever it is, when there is such a way setled, that men may have justice if they will, and may enjoy that main end of Magistracy, to live a peaceable life in godlinesse and honesty?21 To speak of what justice some have had at Westminster, since the unsettlement of our times, or what to be expected, when Colonels appear as parties with their arguments by Edition: current; Page: [423] their sides before Committees, (an argument too often used in the House too, as I beleeve the Gentleman knows), where to engage a bustling daring Colonel is to carry a cause: as also what peaceable lives men live, when the souldiers having put other men in power in the State, put themselves in command in men’s houses: and what godlinesse and honesty may be looked for, when blasphemy must be tolerated, wickednesse must not be punished, when in the meantime godly men (if but of a contrary judgment, a liberty of conscience formerly pleaded for) are made offendors for a word, would be too large a field to walk in, and besides the swelling of this tract, but give too wide an occasion to further contests. But this shall suffice, that the gentleman a little begs the question in calling it justice, for although men may have, or might expect, what he calls justice, viz. things in themselves just, yet if he grant, as I have proved, that Authority illegall by which they act, what they do or is done by any under that Authority, although in itself just, yet is not properly justice. Judgement (for I conceive the Authour means justitiam distributivam22) is then only just, when it is exercised by the higher powers, the legall Magistracy of that Kingdome where it is acted. The Hebrews expresse justice by that word, which they likewise use for the usage and custome of that people, that are concerned in it.
Another argument the Authour useth is, because People cannot judge of Titles: when they cannot judge, then an usurped Title is true to them, and will exact obedience: but if this be an Argument, then (for contrariorum eadem est ratio23) when Titles are visibly unlawfull, people are disingaged from obedience. This is our case, where there is not any pretence of Title.
But some say, There are Oaths that justifie disobedience to the present government.24 There are indeed severall Oaths that engage us to the Edition: current; Page: [424] continued observance of our formerly established government, and then how far they justifie disobedience to this, let the Authour judge. That Oaths are sacred bonds and reverend obligaments, and where they do not themselves leave or make us free, we are not to cut or break them in peeces. I shall equally assert, and could heartily wish it had been as truly practised in the Kingdome as plainly spoken in the book. But seeing there are indeed, as the Authour affirms concerning these, faults on both hands,25 let us a little examine the faults he mentions, and see whether there are not other faults too, that he speaks not of.
On the one side the sleighting of an Oath, &c. This is a fault indeed. Oaths and Covenants are the strongest engagements, whereby we can binde ourselves either to God or man, if these come once to be sleighted and no longer observed, then they may conduce to the palpable advantage of those that made them, I am afraid that may justly be written upon the door-posts of England, what was set in the front of David’s song, Psa. 12.1, 2.
I am loth to misjudge any person, whom I finde so modest, else I should fear that this fault was purposely argued, the more secretly to insinuate another, though not under the name of a fault. It is said, We finde some part of the Covenant to speak of all the days of our lives:26 as if some part had been but of a temporary engagement. But if I mistake not, the Covenant did in every part of it oblige us to a continued observance of it: we did not swear constantly to keep this part, or that clause, but all our lives to keep this Covenant, which is known to comprehend every part of it.
True it is, that the obligation of some things end, because they can no longer be kept, as that of the King’s person &c.27 I grant that the obligation of a people to anything ends, when that thing obliged to, necessarily, Edition: current; Page: [425] and in its own nature ends; but if men shall by violence put an end to the thing, that thereby the obligation may end too, I doubt such will be esteemed by God as Covenant-breakers; I do not think, that he breaks his Covenant, that doth not preserve the King’s person, when he is dead; but I think he is guilty, that did not endeavour to preserve it while he was living. Had the Covenant, in that part, been observed then, for all that I know, it might have obliged now. A woman promiseth to be faithfull to her husband so long as he lives, but if she, out of love to another man, shall lay violent hands on her husband to end his life, that thereby she might marry another, I beleeve she would scarcely be thought to have performed her promise. A Tenant bargains with his Landlord to pay him rent for his house, so long as he lives in it: but if he through malice shall pull down the house, that he cannot live in it, and thereby to extinguish his bargain, it may be easily thought what determination the Law would make in such a case.
What is spoken here of the King’s person, might as well have been spoken of any other part of the Covenant. It is Covenanted to preserve Religion, but if those that made the Covenant should by force extirpate, or by deceit undermine Religion: would the Authour think himself or others disingaged from that part of the Covenant, or rather look upon himself as bound to preserve it, while it hath a being? If this liberty should be given, no man would keep any Oath any longer, than he saw good, if it were in his power to put an end to that thing to which he is obliged. But let’s see what faults are found on the other hand.
But on the other side there are other faults: such are the urging of an Oath or Covenant against enemies, and not against friends in one and the same action. In this I am wholly of his judgement, and could wish that he had instanced in some things, whereby I might have guessed what aim he had taken, and against what he had levelled it. As I Edition: current; Page: [426] would not have any unequally excused, who are equally guilty, so I would not have him free from blame, who imputes guilt to one, when another shall be connived at, or incouraged in the same thing.
In that clause of bringing Delinquents to condigne punishment: If the Covenant engage to bring one to punishment, that raised arms against the Parliament in Kent and Essex, why not another that raised arms against the Parliament in Oxon shire and Berks shire? If according to our Covenant we should preserve the priviledges of Parliament against a malignant party, that would have taken away but Five Members; why not against an Haereticall party that took away above two Hundred?28 If one party be charged as guilty in not obeying Orders of, but offering violence to the Parliament; why should another be excused as faultlesse, whose disobedience was more manifest, and whose violence was more palpable? Or if not altogether so, yet (as the Authour)29 a slight and diminishing charge of it upon one, and a vehement and aggravating charge of it upon the other.
Another fault may be a stiffe insisting on one part, and a neglect or at least silence in another part.30 This is not always a fault, for when there is no occasion given to speak, silence is no evil. One part may be in more danger to be broken than another, when a more violent asserting, and stiffe contending for that part is more necessary. If I had two children, the one at home in safety, the other in imminent danger, that I were more earnest and industrious for the saving and preserving of this, doth not at all argue lesse love or care to the other. But to take it in the best sense, to pretend much care in the keeping of one part, and in the meantime, to neglect another, I think a fault. As when men are seemingly violent against Popery and Prelacy, yet very Edition: current; Page: [427] indulgent to Heresie and profanesse. When men shall plead Covenant in the preservation of the subjects’ liberties, yet forget their Oath for the safety of the King’s person in the preservation of Religion; which in respect of the Covenant are of equall concernment; for although it be pleaded by some, and granted by all that Religion, yea asserted by others, that the subjects’ liberties are of greater concernment than the King’s person, it must be ratione materiae, not ratione juramenti,31 for in that regard, we are equally obliged to one as the other.
As also when by event two parts of it came to be inconsistent, to choose and inforce the keeping of the higher and lesse necessary part, and to give way to the losse and not keeping of the greater.32 Here is to me a falsum suppositum; I think it a sinne in any to enjoin, and wickednesse in any to take a Covenant for the doing of two things that are or may be inconsistent; nor do I know what parts of our Covenant are such; when the Authour makes such appear, I shall bewail my sinne in taking it. If it be by him meant, what is talked by others, (viz.) That the safety of the King’s person, and the preservation of Religion are inconsistent, I must declare my dissent in this; for I am yet convinced, that both the truth and honour of Religion might have better been preserved by the safety of his person, and the continuance of our Government, than hitherto it hath been, or for all I see, like to be, by the altering of the one, or taking away of the other.
There is another, in racking an Oath or Covenant, to make it speak that which it meant not.33 I will adde, there is another fault to stop the mouth of a Covenant, and denying it to speak what it would. Nay, there is yet one more, when men shall put what interpretation upon Covenants they please, or reserve to themselves a power to make any other interpretation upon them, than what the common and naturall Edition: current; Page: [428] sense of the words in which they are taken doe afford. Oathes ought to be their own interpreters; we may deceive men, but God is not mocked.
But to come to what I conceive is the main end of what hath been hitherto asserted about Oathes; To consider whether there be any clause in any Oath or Covenant, which in a fair and common sense forbids obedience to the commands of the present Government and Authority. There is in the solemne League and Covenant, that which engageth to another Government, and then what forbids obedience to this? In one clause we solemnly Covenant to preserve the Person, and not to diminish the just Rights of the King; had his Person and just Rights been perserved, this Government could never have been attempted; but seeing that cord is broken (unhappy blow that strook it asunder!) is there yet no bond will hold us? Yes, we do in the same clause faithfully promise to preserve the Law of the Kingdom, and surely to change the Government is to alter the fundamentall Laws of the Kingdom; if we are bound to preserve our Law, then that Government that is established by Law; nay yet further. In the same place, we doe swear, yea and call the world to witnesse it, that we will not diminish the just Rights and greatnesse of the King. Is not a man’s right as much concerned in his Heirs inheriting, as in his own enjoying what legally belonged to him? Is it not a man’s undoubted right to have his lawfull Heirs succeed him in his lawfull enjoyments? But now by this Government the King’s Heirs are wholly divested of any possession, and absolutely debarred of that right, which by the usage of the Kingdom belongs to them.
Much lesse when no other can be had, (as the Authour)34 I do not yet see impossibility in having another, truly I think, if the Covenant had been strictly observed, we had never had this, and if it were yet carefully performed, we might quietly have another Government, such Edition: current; Page: [429] under which godly people might live with more comfort, and lesse scruple.
If it be said that in the Oath of Allegiance, Allegiance is sworn to the King, his Heirs and Successors. If his Heirs be not his Successours, how doth that Oath binde? Either the word Successours must be superfluous, or else it must bind Successours as well as Heirs, &c.35 If I should grant that the word Successours were superfluous, it would not be the only superfluous word in things of that nature; or that it is an exegeticall expression which is not unusuall in all writings both Divine and profane, the more fully to expresse the same thing by two words: His Heirs and Successours are conjunctive, which must necessarily imply, that his Heirs according to the usage of this Kingdom ought to be his Successours: so that it can binde to no Successours besides the Heir. Indeed should the Line extinguish, then the legall Successour were to be obeyed by that Oath, and yet that too in the continuance of the Government, for he is not properly a Successour, unlesse in the same form of Government; for without asking Lawyers and Learned men,36 he is properly a Successor, that succeeds any man in the place where he was. If the Agitators in the Army should depose the Generall, and order the Army according to their wills, would they be justly called his Successours, when the frame of their Discipline were altered? This seems partly to be acknowledged by the Authour in the same page, where he instanceth only in those for Successours, which succeeded in the same Government, and saith that the word Successour is taken for him that actually succeeds in Government, I conceive it must be meant, when the same form still is continued, else what he asserts, and the instances he names, would hold no proportion.
But there is one engagement to the former Government yet lies upon us in reference to our Oaths, which is mentioned either in that (before named) or in the Oath of Supremacy, That no power on earth Edition: current; Page: [430] shall deter or absolve us from the keeping of it. If so, I would but humbly begge the Authour conscienciously to judge, whether the force or fear of any party, were they stronger than they are, should affright a people into a submission to any other Government, than that to which they have thus sworn.
I may take the same liberty to propose a few short, yet considerable Quaeries, While the Son is in the same posture in which the Father was, how comes this Oath at this time to stand up, and plead for disobedience in regard to the Son, that was asleep and silent in regard of the Father?37 I do not know in what one title this Oath is more urged for the Son, than it might have been, and was for the Father; unlesse that now there is more need of pressing it, because in the Son’s days the Government is altered; in the Father’s, it was (at least) promised to be continued. Those, who were against the irregular actings, the Court-faults, the wicked Counsels of the Father, were for the safety of his person, the preservation of his Rights, and the continuance of his Government. And now the same persons that are for the Rights of the Son, and the continuance of the Government, are as much against the vices and counsels in and about him, as about the Father. Besides it might be said, that the Father was not opposed, untill there was a Parliament, that being the legall means in our Kingdom of resisting Arbitrary and extra-legall power; the King in the intervalls of Parliaments being the chief officer, not to be resisted by private subjects. And certainly I think, were there now a Parliament sitting according to the constitution of England, and the Received to the Crown, should act anything against the known Law, and the kingdom’s safety, those who are now for the reception of the Son, and for the performance of their Oaths, would as truly and conscienciously (according to their Covenant) join with them against the exorbitancies of the Son, as they did against the evil of the Father: only I Edition: current; Page: [431] beleeve they would expect some security, that his Person and rights (parts of the Covenant) should be better preserved and lesse diminished than his Father’s were.
Besides what hath been spoken to the book, I might adde also one finall Quaere about altering the government: Whether in such an alteration there is not necessarily required, either the generall consent of the major part of the people, or at least the major part of their trustees? If so, what right have these men to do, who now act in it, some of them being the Trustees of no people, having no election, others who were legally chosen denied their liberty? May not any number of people (there being no known Law nor constituted rule for this transaction) by the like reason conceive, and (if they have strength) alter it again tomorrow? But if they will (which is but equall) give them liberty of dissenting from their government, whom they deny the liberty of debating or consenting to it, I shall be free.
Whether there be any Scripture example or prudentiall rule unnecessarily to oppresse, and, where it may be avoided, to rack the tender consciences of unquestionably godly men, not only when they are the major part, and most judicious Christians (both of Ministers and People) and most likely to know the truth but when they are the least strong, and most discountenanced, and therefore unlikely to be biassed by any private Interests? Indeed those who side with the strongest party, lie under grounded suspition of having particular ends, who can turn any way, to any party, where they may get the best places, the greatest preferments, and the largest rewards: such many have received, and I beleeve most expect; for it is observable, that for the most part, your only Parliament converts before, are your greatest Parliament Assertors now. But how a poor people despised and opposed by power, who can expect the conferment of nothing but punishment, should design an interest in standing to their principles, when they know (some of them at least being very able and prevalent) they might upon their least turning have as large a share in Edition: current; Page: [432] the rewards of the Kingdom as those who now enjoy the greatest, is to me irrationall and improbable. The Apostle Paul would avoid a lawfull thing rather than offend the scrupling consciences of weak brethren: what then is their fault, who do unlawfull things, and thereto engage the dijudicating consciences of weak Christians?
Whether both in human probability, and religious reason, it were not more likely to conduce to God’s glory, to Religion’s settlement and honour, to Christians’ union and satisfaction, to the Kingdom’s peace, to the prevention of danger, and the safety of all (who have not wickedly out-acted all hopes of safety, and are conscious to themselves that their bucket must sink, whensoever Authoritie’s bucket shall arise) to endeavour ere it be too late, to join Authority and Power, Title and Strength together; that as Power may arm Authority, and render it formidable, so Authority might justifie Power, and make that lawfull? Least when the Title shall be claimed, those who may dislike the vices, and oppose any Tyranny (were they legally authorized) of the claimer, yet should not for conscience’ sake deny his Right; and those who could like well the pretensions of our new Governours (were they justifiably managed) should not adventure for Religion’s sake to assist their usurpation: Whereby, as by our unwise actions, we have too much justified Malignants’ actions, and made them our deriders: we may strengthen their hands, and make them our Masters.
I am confident that if the great managers of our new-work, and the violent assertors of this changed Government would but seriously lay these things to heart, it might make them seasonably retract, what they untimely attempted, and rather finde out ways to settle, than further unsettle the Kingdom, rather to satisfie than disturb the peaceable consciences of religious and unbiassed men (The Lord prevail upon their spirits).
Thus have I endeavoured to answer that with a meek, which was written with a peaceable spirit, where I shall professe (if I mistake Edition: current; Page: [433] not myself) to side rather with truth than with any party.38 What I have hastily spoken I shall submit to the deliberate judgements of more intelligent men. I shall be willing to receive a rebuke wherein I have erred, and ready to yeeld wherein I may receive satisfaction. I hope I have not discovered any turbulency of spirit, but a willingnesse to examine truth. As I would keep my conscience from being wounded by doubtfull pressures, so I would keep my tongue and pen from wounding others by imbittered expressions. I would not willingly give offence, I hope none will be taken. If it be lawfull for one man to propose, it must be lawfull for other to answer arguments, in reference to satisfaction. It would be too great a burthen to true English spirits, to see one man permitted to stand with a drawn weapon daring all that passe by, and he only faulty that takes up the weapons to answer him: either prevent such darings, or else excuse the provoked. It will be my comfort to give, it will be my advantage to receive satisfaction: howsoever, I shall commit myself, the safety of our Kingdom, the establishment of such a government that is most conducible to God’s honour, to that God, who is able to answer scruples, to preserve a people, and to command settlement according to his own will and way.
ROMANES 3.8.
And not rather as we be slanderously reported, and as some affirm, that we say, Let us do evill that good may come & whose damnation is just.
ROMANES 13.23.
Whatsoever is not of faith is sinne.
T.201 (6.18) William Walwyn, Walwyns Just Defence (June/July 1649).↩
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Bibliographical Information
ID NumberT.201 [1649.06] (6.18) William Walwyn, Walwyns Just Defence (June/July 1649).
Full titleWilliam Walwyn, Walwyns Just Defence Against the Aspersions cast upon him, in A late un-christian Pamphlet entituled, Walwyns Wiles. By William Walwyn, Merchant.
Proverbs 12. ver. 6. The words of the wicked are to lie in waite for blood, but the mouth of the upright shall deliver them.
London, Printed by H. Hils, for W. Larnar, and are to be sold at the sign of the Blackmore, near Bishops-gate. X.DC.XLIX. (1649).
The Tract contains the following parts:
- Reasons Assigned
- Postscript
Estimated date of publication
c. June/July 1649.
Thomason Tracts Catalog informationNot listed in TT.
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
Walwyns just defence against the Aspersions cast upon him, &c.
I should be glad for the good of humane society, that those seven men whose names are subscribed to the Epistle of that Book, would set down a certain rule, or declare what rule theirs is, wherby in civil Communication, a man may know, when those he keeps company withall are reall; and when deceivers, when they mean as they seem, and when they carry two faces under one hood, which amongst honest men is called double-dealing; and this not so much in respect of themselves, for I have not had much familiarity with any of these seven; but in respect of those from whom they seem to have had their false informations concerning me; there being not one of them that ever reproved me to my face for any thing that I ever said or did, or that ever applied themselves to me with Friends in a Christian way, to shew me wherein I walked erroneously or scandalously: but all they have done or spoken to my disparagement, hath been behind my back; whil’st, wheresoever they met me, they nevertheless saluted me as a Friend: How this kind of behaviour can be justified, I professe I understand not.
And upon what grounds these seven men subscribe this Epistle, I do not apprehend; for, as for Mr Kiffin, I never had an unfriendly word or countenance from him; nor from Mr Rosier, but kind respects wherever I met them: for Mr Foster, and Mr Burnet, I know them not by name, nor can’t ghesse who they are: Mr Lordall, and Mr Price have been somewhat shy a good while, about our different judgment for seasons of petitioning; but especially, since at Kingston, before his Excellency, I gave my reasons against the raising of a new Regiment for the Tower of London; proposing the place to be guarded with Citizens, as a means to preserve trade, and the affection of the City to the Army; which I still judge was honest and good councel: but their Friends pursued the contrary, and prevailed; and ever since, these have cast an ill eie upon me, and as I have heard, have reproacht me much behind my back.
And for Mr Arnald, just before the New Model, he groundlesly reported to the Lieutenant Generall Cromwel, that I held correspondence with Oxford, though at the same time I held daily meetings, and intimate Discourse with Mr John Goodwin, Mr Henry Burton, Mr Peters, Mr Hilsly, Mr Lilburn, and others, and continued so after with the best respect; but I could never get so much satisfaction among them for so grosse an injury, as to know his Author, I only was answered, that I saw none of them had an ill thought of me: but since he understood I knew of this his injury to me, he hath ever hated me, and sought to do me mischief, giving out confidently, that I am a Jesuite; and he now fixes his name, I fear, malliciously, to things I am sure it is impossible for him to know or for any man in the world: for what is false hath no essence or reallity; but it is sutable to his practise towards me, and so I wonder not to finde his name there: though at others, I cannot sufficiently wonder:
In the yeer 1646, whilst the army was victorious abroad, through the union and concurrence of conscientious people, of all judgments, and opinions in religion; there brake forth here about London a spirit of persecution; whereby private meetings were molested, & divers pastors of congregations imprisoned, & all threatned; Mr. Edwards, and others, fell foule upon them, with his Gangreen after Gangreen, slander upon slander, to make them odious, and so to fit them for destruction, whether by pretence of law, or open violence he seemed not to regard; and amongst the rest, abused me, which drew from me a whisper in his ear, and some other discourses, tending to my own vindication, and the defence of all conscientious people: and for which had then much respect from these very men, that now asperse me themselves, with the very same, and some other like aspertions, as he then did.
Persecution increased in all quarters of the land, sad stories coming dayly from all parts, which at length were by divers of the Churches, my self, and other friends, drawn into a large petition; which I professe was so lamentable, considering the time, that I could hardly read it without tears: and though most of those that are called Anabaptists and Brownists congregations, were for the presenting of it; yet Master Goodwins people, and some other of the Independent Churches being against the season, it was never delivered.
But troubles still increasing, another petition, not so large, was prepared, and at length agreed to by all sorts of conscientious people, that were opposite to persecution: and all this while I was acceptable among them; only some grudgings I perceived in Master John Price, which I imputed to some weakness inclyning to emulation: and all the strife about this petition also, was the season: multitudes with me being for the presenting, and the Independents against it: in conclusion, a finall meeting there was, where before I came was disperst the most shameful assertion of me, that ever was uttered of man: and which did render me so obnoxious to that meeting, that all I spake was construed to the worst; and caused so great a clamour and discontent, that he who had the petition and hands in keeping, rent it in peeces; and so the meeting ended.
Towards the conclusion whereof, Major Robert Cobet pulls me by the arm to speak with me, so I took Master Davis, and Master Antrobus and others with me; and master Cobet told me before them, that one master Husbands a linnen draper in Corn-hill, being at Lieutenant Generalls house, there openly avouched that I was an Atheist and denier of Scriptures, a loose and vitious man, and that abusing my self with a lew’d woman, she puting me in mind of that place of Scripture, that whoremongers and adulterers God would judge, that I should make answer, what do ye tell me of that Idle book?
Telling me withall, that this report was gone all about the town, and was the cause I was so ill resented by the present meeting; I confess, I was amazed to hear this, but whilst he was telling me this foule story, he espies master Husbands, and calls him to us; telling him he was declaring to master Walwyn here, pointing to me, what he heard him declare at the Lieutenant Generalls, says master Husbands, I wish you had not spoken of it, for I find it is a mistake, the thing is not true of master Walwyn, it is another; so he suffered himself to be thorowly reproved by those present, and he seemed then to be sorry for it; but aspersions fly faster, then any man can fetch them back, and so did this, to my extream desparagement: and it served their turn at that meeting to blast all the reason I spake, and to destroy that petition:
And those who had made use of this reproach, and so made themselves guilty, as the manner of men is, resolved to disparage me to purpose, and thereupon some leading people of master John Goodwins, set themselves down as a Committee, calling before them, all they could finde had ever conversed with me, to inform whatsoever I had said, that might tend to my disparagement: this is some three yeers since: and so by way of articles, most of the aspersions now in this book, were then collected, which I had continuall notice of as they came in, and who did inform: and who would not, but declared confidently they were perswaded from long and much familiarity, that I was really honest and conscientious; amongst which Mr. Henry Brandriff, Captain Chaplain, Mr. Weekes and others;
Neverthelesse the violent party, as Mr. John Price, and others, would go on with their articles: me thoughts it was a strange work, for a people who called themselves the people of God: but so they did; and at length had possest divers, who formerly had well respected me, that I was a dangerous man and not fit for society; whereupon it was desired by my friends, and agreed unto by theirs, that a meeting should be on both parties; and their articles should be heard, and I have freedom to make my defence, and the place appointed was the Dolphin in Corn-hill, where I and my friends kept our time and continued there, but on their parts none came.
And Mr. Brandriff, my then intimate friend, perswaded me it was not fit, things should come to such a height, that it would make but rejoycing for our enemies; that he was confident, there was no real enmity, but only causes doubts and jealousies, and that if I would but vindicate my judgement concerning the Scriptures, and my owning of them, I should find they had nothing to object against me, and that they and I should be as good and as loving friends as ever.
Whereunto I was very inclinable, as having never born any man a grudge for any injury ever done me, esteeming the doer by wounding his own conscience; to be punished sufficiently; nor do I relate these things in way of revenge, but only as to do my self right, and to free my wife and children from the reproach of having so unworthy a husband and Father, and the cause I honour, from having so vile a servant as these would make me, I told him my whisper to Mr. Edwards and my other writings did sufficiently testifie I owned the Scriptures, and he confest it, but yet wisht me to do something particularly, to that end:
About this time upon occasion of Mr. Edwards, writings (I take it) came forth Mr. John Goodwins Haggio-Mastix, wherein to the apprehension of some eminent men: he in effect denied the scriptures to be the word of God, and much discourse, and great complaint there was about it, in so much as Collonel Leighs Committee had it brought before them, where it was my lot to be, when the passage concerning the Scriptures was read openly by one, that amongst others, informed against it: and where it was called a most impious, blasphemous Book, and ordered to be seized, all of them immediatly;
That Committee was of a most persecuting disposition, and dealt most frowardly with divers conscientious people; with whom, and in whose behalf, I continually appeared, as for Mr. Kiffin, Mr. Patience, and many others, I cannot now remember: and Henry, Mr. Overtons man the book-seller, that, as I am told, prints this unchristian book, called, Walwyns Wiles, might remember who it was that gave timely notice of the order for seizing his Master’s Books (for he printed Hagio Mastix) and in thankfulnesse for the courtesie done to his dead Master, might have forborn to have done me such a discourtesie: but it hath been my usuall payment for all my services to that sort of men.
Divers did observe a strange providence, that those who had so scandalized me for a denier of Scriptures, should from a pen, wherein they were all concerned, receive occasion of so great suspicion, and be put themselves upon a work of vindication on his behalf: And though they called it, a Candle to light the Sun (as esteeming it altogether superfluous) yet many still say, it needs to be more cleared.
And hence some of my Friends perswaded me I needed not to publish my Vindication concerning the Scriptures, for satisfaction of those, who had enough to do for their own Vindication: yet because I was willing to stand clear in the sight of all men, I published my Still and soft voyce, against which I never yet heard any objection: And one of Mr Goodwin’s People, namely, Mr Davenish, meeting me a few daies after in the Court of Requests, saluted me kindly, and gave me thanks for publishing that Book; I told him, I was glad understanding men approved it, and did hope it would be profitable to the publique: he replyed, it would be so, and that he should make it his rule.
And so a good while after this, I had much respect from many of them, and not an ill look from any: but though Mr Leigh’s Committee extremely perplexed honest people about their private meetings and doctrines, yet did this sort of men that traduce me appear very slenderly in comparison of others, that were thought to be lesse concerned.
In conclusion, that Committee and their Favourers in both Houses grew to so great a height, that the Generality of Congregations, and others, resolved to bear testimony openly against the same, as being contrary to the many Declarations of Parliament, and as doing the very same things they had condemned in the high Commission: and thereupon drew up a Petition, wherein they did parallel all the former practises complained of in the Star Chamber and high Commission, with the present proceedings; which Petition was drawn and debated by many persons chosen purposely thereunto, and indeed was the most serious of any that was presented (which the Author of this Pamphlet, I perceive, tearms sharpnesse and provoking) and imputes it unto me.
This Petition was taken before it was handed, and questioned as a scandalous and seditious paper, and committed to Mr Leigh’s Committee to enquire after the Authors and Promoters; and Mr Lamb, at whose meeting place it was taken, ordered to appear there: this occasioned a very great appearance in the owning of it, by aboundance of consciencious honest people, and that occasioned some discontent in the Committee, which begot the commitment of Major Tulidah, and Mr Tue; and that occasioned another Petition to the House, and that another, untill the last and the first large one were ordered to be burnt by the common Hangman; in all which time of motion and trouble, most of the uppermost Independents stood aloof, and look’d on: whil’st Mr Stasmore, Mr Highland, Mr Davis, Mr Cooper, Mr Thomas Lamb of the Spittle, and very many more, for many weeks continually plied the House.
The Petition is yet to be seen, and is fraught with aboundance of good things, such as I really desired the House would have granted; and I think it had been happy for them that burnt it, rather to have granted it, and most happy for the Commonwealth: So that it’s an extreme mistake to imagine, that I, or any that I ever knew, petitioned for such things as we did hope the Parliament would not grant: Indeed, we had cause to doubt they would not, but we conceived they ought, the things being evidently just; and we conceived if they would not, ’twas more then we knew before we ask’d; and we knew it was our duty to ask, and that upon such evidence of reason and equity which that Petition holds forth, as should leave a testimony to the world, that we understood our rights, and did in an humble petitioning way demand them.
But this bustling unkind dealing with Petitioners for many weeks together, and the burning of a Petition so just and necessary, so opened the eies of the people in all places, that it was both grieved and wondred at; all men evidently seeing, that we were likely, though the Common Enemy was vanquished, to be liable to the same, or worse bondage, notwithstanding all the bloud and misery it had cost to be delivered there from.
And when this was discerned, then some of my now Adversaries began to approve of our motions, and they and I began to come a little nearer together, and had joynt meetings and debates; and Mr John Price may, and cannot but remember an evenings journey he and I made into Drury-lane to the Lieutenant Generall, and what satisfaction we received; what aboundance of friendly discourse we had all the way going and comming, and parted in a most kind and cordiall manner; rejoycing on my part, as having no grain of rancour remaining in me, and thought it had been so on his; if it were not, God forgive him.
But the effect was, we all, both his Friends and mine, joyned in a Petition, the last and most sharp of any, as is yet to be seen; wherein he knows was not only his and mine advice, but many others: so that to say, I delight or design provocations to Authority, is a grosse abuse; if there were any, it is, he knows, to be shared amongst he knows whom, as well as us.
And, as unadvised, it is to lay to my charge the opposing of all Authority that ever was: for let them tell me what Authority they opposed not; the Kings and Bishops they cannot deny; and the Parliament and Presbyterian, I think, they will confesse; and truly I never opposed since, except to insist for such just things as were promised, when the Army first disputed, be called an opposition: and such as are not only fix’d in my mind, but in the minds of thousands more that then owned the proceedings of the Army, and ventered their lives for them, when these that now revile me, stood aloof, seeing it neither just nor seasonable.
And truly, that they have sate themselves down on this side Jordan, the reason is somewhat too evident, for men that would not be thought men of this world; it is but a promised land, a promised good that I and my Friends seek, it is neither offices, honours nor preferments, it is only promised Freedom, and exemption from burdens for the whole Nation, not only for our selves; we wish them peace, we repine not at any mans honour, preferment or advantage; give us but Common Right, some foundations, some boundaries, some certainty of Law, and a good Government; that now, when there is so high discourse of Freedom, we may be delivered from will, power, and meer arbitrary discretion, and we shall be satisfied: if to insist for this, be to oppose Authority, what a case are we in? Certainly were these men in our case, or were they sensible of the price it hath cost this Nation to purchase Freedom, they would think it deserved more then the meer name thereof.
And how I can be charged to make it my work to divide the Army, I cannot see; I only pursue the establishment of Freedom, and redresse of Grievances, I have ever pursued, and which are not yet obtained; so also have done many in the Army. It is in the Army, as it is between these mens Friends and mine; some content themselves with present enjoyments, others with the Commonwealth at more certainty in the foundations of Freedom; and for my part, I ever most earnestly desired their union, so it were in good, and for that Freedom and good to the Nation for which, I believe, most of them have fought; and if they divide for want of it, they divide them that keep them from it, and not I, that wish with all my heart that cause of division were not.
The Lieutenant Generall well knows (for I visited him often in Drury-lane about that time that Mr Price was there with me) how much I desired the union of the Army; and though it then divided, it was not esteemed a fault in those that separated themselves for good, but blameworthy in those that would not unite, except for evil: So that to unite, or divide, is not the thing; but whether in good, or evil, is the main of all; and by which, my Adversaries and I shall one day be judged, though now they have taken the Chair, and most uncharitably judge me of evil in every thing wherein I move, or but open my mouth.
And the Lieutenant Generall also knows, upon what grounds I then perswaded him to divide from that Body, to which he was united; that if he did not, it would be his ruine, and the ruine of the Generall, and of all those Worthyes that had preserved us; that if he did do it in time, he should not only preserve himself and them, and all consciencious people, but he should do it without spilling one drop of bloud; professing, that if it were not evident to me that it would be so, I would not perswade him; and that I would undertake to demonstrate to him that it would be so; and so, through God’s goodnesse, and the zeal and affections of these mens now despised Friends, it came to passe: so far was I ever from advising unto bloud: whereas these men would suppose me to be delighted with nothing more then slaughter and confusion.
Well, I had no shew of enmity from them all the time the Army disputed with the Parliament, but they would, divers of them, come home to my house day by day, and sit and discourse friendly, and cheerfully, and seriously, of the present affairs, and refresh themselves in my Garden with that simple entertainment I use unto my Friends; and when they had done, I would bring them on their way, and they as kindly bring me back; and so joy’d was I really with this (as I thought) renewed affection, that I would often say within my self, and to some others, I now see, The falling out of Lovers is the renewing of Love.
Nay, so great a testimony I then had, from my continued Friend Mr Brandriffe, that greater could not be; for it was his lot to discourse with one Major West, a Gentleman, I take it, of Cambridge-shire, who was to have gone for Ireland: this Gentleman told him divers secret things, that rightly ordered, were very usefull at that time: Mr Brandriffe thinks me the fittest man to be acquainted therewith, tels me of it, and brings him to my house, to whom I was not altogether a Stranger, so he opens his breast to me in such things, that as the times were, if I had been base, or false-hearted, might have cost him his life; I say, as the times were: but I proved as Mr Brandriffe had reported me to him, and kept his councel.
Well, very good Friends we were all; and I was by very eminent persons of the Army, sent for to Reading, to be advised withall touching the good of the people, a study my Conscience had much addicted me to; and after this, no jarr appeared amongst us till the Army had past through the City, nor untill the businesse of the Tower aforementioned befell: But then, instead of Arguments against mine, and my Friends Reason, aspersions were produced; and then afresh, we were Atheists, Non-Scripturists, jesuites and any thing to render us odious. This, whil’st I remained there, begot a great falling out amongst our Friends and theirs in London; which upon my comming (looking upon it as a thing of very ill consequence) I prevailed for a reconcilement: so far have I ever been from dividing, that I believe all those with whom I have most converst, judge no man more deserves the name of a Reconciler.
But about this time I met with that Gentleman, Major West, in the street, and he looks upon me somewhat ghastly, saying, what are you here? yes, said I, why not? why, saies he, being at my Lord Mayors, you were there said to be the most dangerous, ill-conditioned man alive; that you seek to have the City destroyed; that you would have no Government, and all things common, and drive on dangerous designs: saies I, who is it that avouches this? why, saies he, Henry Brandriffe, who saies, he knows it to be true, and that he hath kept you company these seven years, of purpose to discover you: I professe, I was so astonisht to hear this from Mr Brandriffe, that I had no thought (nor did not then call to mind) how upon intimate intire friendship, he had brought this Mr West to unbosome himself unto me, in a matter of so great concernment; so I past it over, and parted with him.
But in a little ruminating of the strangenesse and horriblenesse of this dealing, the businesse of Major Wests comming to me with Mr Brandriffe, withall circumstances came fresh into my mind; and about a week after, I met with Major West in Bishops-gate-street, and after a salute, askt him, if he had seen Mr Brandriffe: he told me, he had, and that he was of the same mind, and would justifie it, for he had kept me company seven years to discover me: upon this I askt him, whether he did not remember, that Mr Brandriffe (upon pre-discourse) did bring him to my house to discover such and such things to me, as the fittest Friend he had? he answered me, yes: and were they not such things, said I, that if I had been base and deceitfull, might have been much to your prejudice, as the times then were? yes, saies he: said I, did he then know me to be base, and to carry on dangerous designs, and had kept me company seven years to discover me, and would he bring you to discover such things, and to unbosome your self to me? said I, whether was he most false to you, or to me? he makes a stand a little while; truly, saies he, he must be very false and unworthy to one of us: So I wisht him to consider, what strange kind of men these were, and how a man might come to know when they meant good faith in their discourse and society amongst men.
This Discourse I have set down thus punctually, because a person of so good credit as this Major West is, is ready, as he told me lately, to avouch this that Mr Brandriffe said of me; and because it is their usuall way to beget credit in the foulest aspersions they cast upon me, by saying, this is certain, I kept him company so long of purpose to discover him, and will rather injure their own conscience then want of belief, for I am confident Mr Brandriffe in all his society with me, had not an ill thought of me; if he did keep me company so long for ill and unworthy ends, to entrap and make the worst of every thing I said (which I cannot believe) he was the more unworthy; and cannot but lament his condition, or any mans else that useth it: I blesse God, I never was a minute in his company, but upon tearms of true hearty love and friendship; nor ever circumvented him, or any man else; nor have used to carry tales, or to make the worst of mens discourses, but have set my house and heart open at all times to honest men, where they have had a most sincere and hearty welcome; and if any have turned my freedom and kindnesse to my prejudice, God forgive them.
Yea, so far hath it been from being my principle, or practice (as the uncharitable Subscribers of the Epistle Dedicatory to this vain Book, infer) to say or do any thing against him whom I thought engaged to destroy me; that both to those of the Kings Party, with whom I had some acquaintance, and those my old and many Friends of the Presbyterian judgment, in all times; I ever spake and advised them what I thought in my conscience was for their good; perswading with all men to place their happinesse so, as it might be consistent with the freedom, peace and prosperity of the Common-wealth; and, I believe, many will acknowledge they have found my councel good, and wish they had taken it; some having since confest, I have told them truth, when they did not believe it; nor can any of them justly say, and I believe will not say, that ever I abated one sillable of my principle of Common Freedom, nor ever discovered a thought to the prejudice of the Parliament or Commonwealth.
But would these men turn their sight inward, and look into their own hearts, there they would find such a latitude of dissimulation, as is hardly to be found in any sort of men pretending to Religion; as may not only appear by these mens fair carriages outwardly alwaies to me, and Mr Brandriffe’s strange discovery of himself, but in others also of the same people, as Mr Richard Price the Scrivener, the Author of one of the most notorious false scandals contained in the Book.
My first acquaintance with this Mr Richard Price, was by occasion of our Parish businesses in his trade, and that about our Ward; and after that, about a Remonstrance presented to the Common Councel, in all which I found him ingenuous, and so grew to intimacy with him: this was when Alderman Pennington was Lord Mayor, and before Mr John Goodwin had gathered his Church, or at least, before this Mr Price was a Member of it; and I took so much content in his company, that I brought such as I loved most entirely, acquainted with him.
I, through God’s goodnesse, had long before been established in that part of doctrine (called then, Antinomian) of free justification by Christ alone; and so my heart was at much more ease and freedom, then others, who were entangled with those yokes of bondage, unto which Sermons and Doctrines mixt of Law and Gospel, do subject distressed consciences: upon which point, I was frequent in discourse with him, and he would frequently come home to my house, and took much delight in that company he found there; insomuch, as we fell to practice arms in my Garden: and whither he brought his Friends; and Lords daies, and Fast daies he spent usually with us: As for Fasts then, some circumstances of the times and proceedings considered, neither he nor we were satisfied therein, nor hardly any of those that we called Sectaries (or Antinomians, which was then the beam in the eie) about the Town.
It fell out upon a Fast day in the morning, my Friend and I thought fit to give him a visit, to manifest our joy in his society: so comming to his house, he seemed to be exceeding glad, and hastned abroad with us, and we went at last to Basing-shaw Church, it being where my Lord Mayor was to be, as expecting to hear some excellent man there; being there some time, we found the matter so lamentable, as we were all three weary of it: For the truth is, whosoever is clearly possest with this one Doctrine of Free Justification, hath such a touchstone as presently discovers the least contradiction either in Praiers, or Sermons, and what is gold, silver, drosse, hay or stubble: so we all at once together went away, but so, as we could give no offence to the congregation, being not in the body of the Church; (so that the relaters, in saying we had been from Church to Church ) Mr. Cranfords being all we were at before, though he know it hath not been more usuall with any then with themselves, passing to and fro from place to place on the Lords, and Fasts dayes, 4 and 6 of a company spying, watching, and censuring of doctrines (as he that wrote the Book called the Pullpit incendiary, me thinks should be asham’d to seeme ignorant of.
Being come out of the Church, we past the way home-wards; much lamenting the condition of a people under such teachers, being taught scarce any thing to make them either knowing Christians, or good and usefull men; imputing much of the misery of the times to the ignorance or perversnesse of preachers; the greatest part of their time being spent to uphold their interest against Antinomians, Anabaptists, and others, that fell off from their congregations, seldom upon any necessary or usefull doctrine, or if they did, before they had done with it, they contradicted themselves much or little, sufficient to spoil all they had done.
So in short time, we came to my house, where we went on discoursing, from one thing to another, and amongst other things, of the wisdom of the heathen, how wise and able they were in those things, unto which their knowledge did extend; and what pains they took to make men wise, vertuous, and good commonwealths men; how pertinent they were in the things they undertook, to the shame of such Christians, as took upon them to be teachers of others, when they were to seeke in the main principle of their science, with which kinde of discourse, he was very much affected, though it did not appear he had been accustomed to the reading of humane authors; which for twenty yeers before I had been, but I used them alwayes in their due place; being very studious all that time in the Scriptures, and other divine authors, as some of Mr. Perkins works, Mr. Downhams divinity, I had, as it were, without book, also Doctor Halls meditations, and vowes, and his heaven upon earth, and those peeces annexed to Mr. Hookers Ecclesiastical pollicy; hearing, and reading continually; using Seneca, Plutarchs Lives, and Charon of humane wisdom, as things of recreation, wherein I was both pleased, and profited; and truly, I do not see I have cause to repent me of taking liberty in this kinde, having never in my life, I blesse God; made an ill use thereof, amongst which Lucian for his good ends, in discovering the vanity of things in worldly esteem, I like very well, whereof I can read only such as are translated into English; such a wise Jesuite I am, that with all my skill, I cannot construe three lines of any Latin author, nor do understand any, except such common proverbs, as are more familiar in Latine then in English, which sometimes I use not to dignifie my selfe, but because of the pertinency of them in some occasions.
For as this author would infer of me, I do not think any man much the wiser for having many languages, or for having more then one, & though I wish I had the Latin, yet I think it not worth that paines, and time, as is commonly spent in learning; and do beleeve, I had been furnisht with it, (for my parents, I thank them, were not wanting) but for the tediousnesse, and impertinency of my teachers; which since I understand, I often blame in them, which is all I have to say against Latin, or any kind of learning; except that part of it, which puffeth up, and makes men scornfull pedants, despisers of unlearned and illitterate men, a humour, if I mistake not puffeth my present Antagonist:
I see wise, and inconsiderate men too, skillfull in languages, and in arts, and science; I have not much to do with them; my care is rightly to understand my self in my native language, being troubled with no other; and of all I chiefly thank these that employ there charity in translation of well meaning authors, which I hope I may read without asking leave of these that through scrupulosity dare not.
Moses was skilfull in all the learning of the Egyptians, which the Scriptures testifie without reproof, and S. Paul certainly read the poets, and was not abasht to recite one of them; and I am certain most of the university men in England, and most of the liberaries are not without all Lucians works, some whereof, as I am informed, are much more offencive to Christianity then these in English.
And why then I might not without blemish read one of his dialogues to this, Mr. Richard Price, I cannot yet perceive? as I take it we read that which is called his tyrant; a discourse, though possibly not in all things justifiable, yet such as he might have made a better use of, being so pointed against ambition, pride and coveteousnesse as he might have been the better for it whilst he lived: as for me I count him a very weak man, that takes harm by reading it or any such like things.
The truth is, for many yeers my books, and teachers were masters in a great measure of me; I durst scarce undertake to judge of the things I either Read, or heard: but having digested that unum necessarium, that pearle in the field, free justification by Christ alone; I became master of what I heard, or read, in divinity: and this doctrine working by love; I became also, much more master of my affections, and of what ever I read in humane authors, which I speak not as Glorying in my self, but in the author of that blessed principle; which I did long before, and then (and do still) prize at so inestimable a value; that I was far from any such thought of impious blasphemy, as to say, here is more wit in this (meaning Lucian) then in all the bible: all our discourse was before my wife and children, and my friend, and a maid servant that had dwelt with us then three years, and since hath made them up nine yeers; I dare appeale to them all if ever they heard me value any, or all the Books, or Sermons either, in the world Comparable to the Bible; so as, but that I have since had some experience of the easinesse of Mr. Price his conscience? I should even expire with wonder, at his impudence, and at his uncharitablenesse, that he and his friends, people of a Church, that call themselves Saints, and a people of God, should harbour this wretched slander six yeares amongst them, and be bringing it forth this time, and that time, but finde no time their season but when I was violently taken out of my bed, and house, and made a prisoner: if this be their way of visiting of prisoners, would not it make men think they had forgot the Scriptures; nay, might they not go to the heathens to learn some Charity.
Where is Charity? Where is love? that true Christian love, which covereth a multitude of sins; but that there should be malice, inventive, inveterate malice, in place thereof: certainly were your Church truly a Church of Christs making, it would deserve a heavy Censure.
Our Saviour sends the sluggard to the Ant: the over carefull and distrustfull to the lilies of the field, and may not I send these to heathens, to get some charity?
Mr. Price, I blush not to say, I have been long accustomed to read Montaigns Essaies, an author perhaps youle startle at; nor do I approve of him in all things, but ile read you a peece or two, that will be worth your study; though he be an author scarce so modest as our Lucian.
Speaking in his 12 chap. page. 244. Of Christian religion, he saith thus,
“If this ray of Divinity, did in any sort touch us, it would every where appear: not only our words, but our actions, would bear some shew, & lustre of it. Whatsoever should proceed from us, might be seen inlightned, with this noble and matchlesse brightnesse. We should blush for shame that in humane sects, there was never any so factious, what difficulty or strangenesse soever his Doctrine maintained; but would in some sort conform his behaviour, and square his life unto it; whereas so divine and heavenly an institution, never marks Christians but by the tongue: And will you see whether it be so? Compare but our manners unto a Turk, or a Pagan, and we must needs yeild unto them: whereas in respect of our religious superiority, we ought by much, yea, by an incomparable distance outshine them in excellency, And well might a man say, Are they so just, so charitable, and so good, then must they be Christians. All other outward shows, and exteriour appearances, are common to all Religions, as hope, affiance, events, ceremonies, penitence, and Martyrdom; the peculiar badg of our truth should be virtue, as it is the heavenlyest, and most difficult mark, and worthyest production of verity it self: And in his twentieth Chapter, pag: 102. he saies, speaking of the Cannibals, the very words that import lying, falshood, treason, dissimulation, covetousnesse, envy, detraction, and pardon, were never heard of amongst them.”
These, and the like flowers, I think it lawfull to gather out of his Wildernesse, and to give them room in my Garden; yet this worthy Montaign was but a Romish Catholique: yet to observe with what contentment and full swoln joy he recites these cogitations, is wonderfull to consideration: And what now shall I say? Go to this honest Papist, or to these innocent Cannibals, ye Independent Churches, to learn civility, humanity, simplicity of heart; yea, charity and Christianity.
This hath been an old long-rooted slander, and hath therefore cost me thus much labour to stock it up: As for my breach of the Fast, one would think Mr John Goodwin’s playing at Bowls upon a Fast day in the afternoon, a while after this, and which he did not seem to judge a fault, but as it was an offence against the reputation of his faculty, might have stopt these mens mouths in that particular: Nor would I ever have revived the memory of it, but their triumphing thus in slanders against me, deserves their abasement and humiliation.
Of whom this Mr Richard Price receives instruction, I know not; but this is he that with knowledge, if not direction of their Church, undertook to betray the King into the hands of the Governour of Alisbury, under pretence of giving up Alisbury unto him, in lieu of Liberty of Conscience (that was the gold upon the bait) and did go, and spake with him; and how many untruths in such a case he was forc’d to utter with confidence, may easily be judg’d; and where he had a rule for this being a Christian, for my part I am to seek; the Apostle thought himself injured, that it was reported, he maintained that evil might be done, that good might come thereof. And since treachery seems so slight a matter, with these Churchmen, I shall make bold to send them again to this Lord Montaign, in his third Book, and first Chapter, pag: 443. he saith thus;
“To whom should not treachery be detestable, when Tiberius refused it on such great interest? One sent him word out of Germany, that if he thought good, Arminius should be made away by poyson; he was the mightyest enemy the Romans had, who had so vilely used them under Varus, and who only impeached the increase of his Dominion in that Country; his answer was, That the People of Rome were accustomed to be revenged on their enemies by open courses, with weapons in hand, not by subtilties, nor in hugger-mugger: thus left he the profitable for the honest, in 447. As for my part (saith Montaign) both my word and my faith are as the rest, pieces of this common body, their best effect is the publique service; that’s ever presupposed with me: But as if one should command me to take charge of the Rols or Records of the Pallace, I would answer, I have no skill in them, or to be a Leader of Pioners; I would say, I am called to a worthier office: Even so, who would go about to employ me not to murther, or poyson? but to lye, betray, or forswear my self, I would tell him, if I have rob’d or stoln any thing from any man, send me rather to the Galleys; for a Gentleman may lawfully speak, as did the Lacedemonians, defeated by Antipater, upon the points of their Agreement: You may impose as heavy burthens, and harmfull taxes upon us, as you please; but you lose your time to command us any shamefull or dishonest thing. Every man should give himself the oath which the Egyptian Kings solemnly and usually presented to their Judges, Not to swerve from their Consciences, what command soevior they should receive from themselves to the contrary. In 448. he saith thus, What is lesse possible for him to do, then what he cannot effect without charge unto his faith.”
It will, I know, be wondred at, that I thus enlarge my self; but these things are so rich and excellent, that I cannot but insist upon them, and am in some hope to convert my Adversaries, which hath ever been my aim, equall to my own vindication; for I recite these passages, because I am in love with them, wishing them also of the same mind, for I wish them no worse then I wish to my self: or if I fail of this, yet I am desirous and hopefull to better other men by the things I write.
These are the plainnesses wherein I have ever delighted; so far am I from that politique, crafty, subtil and hidden reservedness, which this Author would perswade the world I abound withall; exercising his wit so exquisitly in decyphering me out to be a man of so large capacity and ability, as for my part I do not believe there is any man in the world so; much lesse my self, who setting aside a little consideration and experience, united to an upright conscience, have nothing to please my self withall: Nor do I much desire those extraordinary parts, which are seldom employed to their right end, being commonly tempted, to serve some Politicians ends; as may be seen rather in the abilities and application of them, in this Author; for he hath drawn such a picture of mans ability, as shews only his own parts in so doing; and applyes them to me, that have no part of them, of purpose to make me vile, lifts me up to the top of the pinacle, that he may cast me down to my greater ruine.
Truly, I never thought a good cause ever needed such workings as he exalts himself (not me) withall: and I dare appeal to those many my Friends, that I daily and hourly converst withall for some years now in publique businesses, whether ever they saw more plainnesse and open-heartednesse in man: Indeed, if I suspected any man inclinable to ensnare me, as these mens practises, made me of late somewhat wary; I had reason to be carefull. And whereas he taxes me of heightening mens discontents, I believe till now, they are pleased (not without particular morsels) none were more apt thereto then themselves: but the world is well amended with them, and every other mans mouth must be stopt on pain of Treason.
I am not more pleased with the former sayings of Montaign, then with what he saies in pag: 449.
“I have therfore placed Epaminondas in the first rank of virtuous men, and now recant it not: unto what a high pitch raised he the consideration of his particular duty? Who never slew man he had vanquished; Who for the invaluable good of restoring his Country her liberty, made it a matter of Conscience to take away any mans life, without a due and formall course of Law; and who judged him a bad man (how good a Citizen soever) that amongst his enemies, and in the fury of a battail, spared not his friend, or his honor, to here a mind of a rich composition.”
And truly, I boast not, but these things have long since made so deep impression in me, that I have been extreamly mistaken by those, that gave out, there was a plot amongst us to murther the King, when he was at Hampton Court, and as much these that now start that other as base, of an intention to murther the Lieutenant Generall, they are wayes neither justifiable nor profitable; for where should such courses end, or what could more disparage that side that began it; I wish you would be but as carefull to preserve intirely, the due and formall course of Law to every man, without exception, friend, or foe, as we have been: and though at present you may please your selves with the sufferings of your adversaries (as you fancy them) yet you do therein but tread down your own hedges, and pluck up that Bank that lets in the sea of will, and power, overwhelming your own liberties.
But before I part with this Mr. Richard Price; I have another thing to lay to his charge, and that is; That he should say, I had a hand in that plot where Read, and Sir Basil-brook were in question: in so much as my friends came running to me with tears in their eyes, and all from his unadvised speeches: was this like a friend, with whom you had eaten, and drunk, and discoursed familiarly, and from whom you had taken some small tokens of sincere affection; as the books entituled Luthers Christian liberty, The benefits of Christs death, Freemans meditations, and as I remember; Christs Councell to Loadicea; and since I was so far from retorting this injury upon you, as that after it, I chose rather to convince you by love, and as a testimony of my good respects to you, sent you the Hystory of Thucidides, wherewith I was much delighted, truly I wonder nothing could keep you from bearing me rancour thus long, and to watch this time of any, to slay me with your unjust report.
And truly, upon occasion lately, making my moan of this kinde of usage to one of their own people, that had received extream prejudice against me upon these, & the like false reports, which upon some discourse with a friend of mine first, and afterwards with my friend, and I together, he did professe much greef, for my hard usage; and told me that he did impute most of all this to pride, and emulation, from this Mr. Price, and in that my pen in Petitions (which otherwise was his work and trade) was many times accepted, if it be so it is a sad story indeed, his own conscience only knows whether it be so or not.
Yet I cannot but fear most of all the injuryes of this nature I have received, have proceeded from this ground, for otherwise I am certain, I have given no occasion to that Congregation, whereas most of my reproaches come from them. And since I am thus fallen upon Mr. Richard Price, there is yet another of that name of this congregation, and is this Mr. Richard Price his unckle and Mr. Hilleslyes son in law: from this Mr. Price I heard the first aspersion, that ever I heard of my self, and it was thus,
Standing in Cornhill, at a Book-sellers shop, a man comes and looks me very earnestly in my face, I took little regard to it and went away, I was no sooner gone, but sayes he to the Book seller, You are acquainted with all the sparcks in the town; sparcks saies he, the man seemes to be a rational man: but, replied the party, I am told he is a notorious drunkard, and a whore master, and that he painted his face, but I see thats false: whereupon the Book-seller having some knowledge of me, became troubled on my behalf; and fell to be very serious with him, to know his author, and he honestly tells him, naming this Mr. Price a mercer; and the Book-seller soon after tells me the whole story, and the authors name, saying, he had been abused himself with base reports; and a man might be undone by them, and never know it, till t’was too late, and therefore had resolved to hear no evil of any man, but if he could he would learn the author, and tell the party concernd of it: this Book seller is Mr. Peter Cole at the sign of the Printing presse, and I esteem my self obliedged to him, ever since for his plain dealing:
So away went I to this Mr. Price, for I was somewhat troubled having never heard, evil of my self till then: and I found him at Mr. Hilslies, and in a friendly manner made him acquainted, with my businesse; he did not deny but he had spoken as much; and that walking in Westminister hall, he was called from me, and bid beware of me for I was supposed to be a Papist, and a dangerous man: but he had not spoken any evil of me, as beleeving any of it to be true? so I told him he and I had come acquainted upon a very honest businesses about the remonstrance presented to the Common-councel, and therefore why he should suffer such words to passe from him concerning me, I did wonder at it; I told him how with very little enquiry he might soon have been satisfied, that I was no such man; askt him if he knew any at Garlick-hill, where I had lived fifteen yeers together, in good and honest repute; and where he ought to have informed himself; and not so unadvisedly to disparage me: he seemed to be sorry for it: so I only desired him to let me know his author, he told me I must excuse him; he might not do it: nor could I ever get him to tell me: so being familiar with my then friend Mr. Brandiff, I askt, whether they had not some rule, or method in their Church, to give a man some satisfaction, that had received palpable injury by a member; come said he I know where abouts you mean; trouble not your self, nobody beleeves it: and this was all I could get in this case: wherein I yet stand injured, and since they are so desirous, more then truth should be beleeved of me: I think it fit this which is certainly true, should be known of their dealing with me.
Nor can any ingenious people now blame me, for being thus open, and particular, since this sort of independents have made thus bold with my good name so long a time, and since it is evident that manifestation dated the 14 of April 1649. Published by my self, and my other three fellow sufferers, that I was willing to have vindicated my self, from those common reproaches, they had asperst me withall without naming or reflecting upon any person, or any sort of men whatsoever, so carefull have I ever been, as much as in me is to have peace with all men; bearing, and forbearing to my own losse, rather then I would return evil for evil. But their malice breaking thus fouly out upon me, in this vile book; I should be unjust to my self, if I should not do my best endeavour to manifest so detestable falsenesse, uttered to so bad an end, in so unseemly a time (the time of my affliction) which I shall do with as much truth, as I can remember, professing withall from my very heart, and conscience, that I take no more pleasure in doing of it, then I should do in gathering up, and throwing away Snakes, and Vermin scattered in my Garden; and do wish with all my soul they had not necessitated me, nor my other fellow-prisoners, to have exceeded our joynt Manifestation; but that we might all have been good friends thereupon.
In which Manifestation, is to be seen all our very hearts, and wherein all our four heads, and hands were nigh equally employed, though this capritious author (Mr. John Price, its said) be pleased to suppose me to be all in all therein; yet I must, and truly professe the contrary: and must be bold to tell them, where my friend Lieutenent Collonel John Lillburn, appeares otherwise in any of his writings; I do not impute it to passion, as his adversaries politiquely are accustomed; to take weak people off from the consideration of what he says: but unto his zeal against that injustice, cruelty, hypocrisies arrogancy, and flattery, which he hath found amongst a sort of men, from whom of any men in the world, he expected the contrary virtues; being otherwise to my knowledge, and upon experience, a very lamb in conversation; and whom goodnesse, and love, and piety, justice, and compassion, shall as soon melt, and that into tears (I hope he will pardon my blabbing) as any man in the world: but he hates all kinde of basenesse, with a perfect hatred: especially that of ingratitude, which he hath found, I have heard him say, so exceeding all measure, in some of the subscribers of this pamphlet, that it loathes him to think of it.
And as for my friend, Mr. Prince, whom this self-conceited author, would make so weak in judgment, as to have no abillity towards such a work; it is his unhappinesse to be so exceedingly mistaken; yet I must tell him, he hath given him so true a character, for honesty, and sincerity of heart, towards the publick, which in my esteem, doth more commend him, then if he had attributed to him, all those parts & abilities, he falsly, and for an ill end, doth unto me: lifting me up to heaven, that he might cast me down to hell: making me an Angel, that he might make me a Devil: which parts are more abounding in himself, as is to be seen in this his unhappy Book, and for which he will one day sigh and groan, except he make a better use of them.
But Mr. John Price, Mr. Prince hath not a congregation to cry up his parts; amongst whom there is such a humor of flattery, as is not to be found the like again amongst any sort of men; Oh such a Sermon, such a discourse, such arguments, as never was heard of; when oftentimes ’tis meer lamp work, and ink horn termes; such as the three first yeers in the University; or the first yeer of a sound consideration, with a sincere conscience, would be ashamed of. But were Mr. Prince of one of your congregation, & had but run with the stream, and turned with the times, as most of you have done; could he but have changed his principles with his condition; would he (as he was tempted by some of you) have belyed his friends, & betrayed his cause, Oh what a man of parts Mr. Prince had been; what could Mr. Prince have wanted, that those men had to give: but to their shame, let them know, Mr. Prince values the integrity of his conscience above his life, or any thing in this world; and for which he deserveth the love of all sound hearted men.
But Mr. John Price, you that make it so strange a thing for any man, to own in the substance, what another hath penn’d; there is a book with Mr. John Prices name at it, of no long date; and the subject of it is about the King-ship of the People: to me it seems not to be the stile of Mr. John Price: I am against examining you, upon questions against your self; but there are (Knaves and Fools in Folio, a book so called) that seems to claim kindred of Mr. John Price in that peice; and if you be but a God-father; (and it be now against your judgement to be such) yet since the childe beares your name, and tis a pretty handsome one, be not ashamed still to own it; but if you be, the childe shall not want, I’le undertake to finde the right Father: so much for Mr. Prince.
And for the complexion of my Friend Mr Overtons pen, truly it commonly carries so much truth and reason in it, though sometimes in a Comick, and otherwhiles in a Satyrick stile, that I do not wonder you shun its acquaintance; and you did wisely by this touch and glance, think to passe him by without provoking of him: But look to your selves, and say, I gave you lawfull warning; for he, I assure ye, knows when, and when not, to answer such as you according to your folly: And truly, but that it is against the nature of impudence to blush, the complexion of the pen engaged in this your unseemly discourse, might well turn Cowler, in correction of his: but he is old enough, let him answer for himself,
But why come their lines from them, as through a Prison-gate, Mr Price? Are Prisons, in your Divinity, such ominous things? The Primitive Christians, and the Martyrs in Queen Maries daies, did not esteem them so. But it seems your Congregation is of a near relation to those that hold prosperity a mark of the true Church; and it will be good for those amongst you, that are yet sincere in their Consciences, in time to consider it, and to enquire amongst all those Churches the Apostles wrote to, where they find a Warrant for such slanderous and backbiting practises as you are accustomed unto, licking up the very foam and dregs of Mr Edwards his Gangrena; yea, your own vomit and poyson which then you cast out upon him.
But, I confesses you have notable waies to escape imprisonments; you can be for a Kingly Government, and publish to all the world, that Kings are, as the Consecrated Corn, not to be reapt by any humane sickle; and when occasion serves, you can change your copy, and say, you are not bound to declare why your judgment altered: But pray, Mr Goodwin, are you not bound to undeceive those whom by your errour you deceived, as soon as you saw your errour? Sometime your strength is not in an arm of flesh, nor in the power of the Sword, but you no sooner get, as you think, the least hold of it, but the power of the Sword is then the power of God, and then the Saints (meaning no body but your selves) must judge and rule the earth. Indeed Friends, you manifest to all the world, that your waies are the waies rather to good Offices and Benefices too (for else, why are ye now so high for tyths, that some years since were so much against them?) and led to honours, and preferments, and greetings in the market places, rather then to prisons.
Yet are ye furnisht with waies enough to send other men thither; you have one way, is called, Ah Lord! we thank thee we are not as other men: A way to make them first odious, by vindicating your selves in those things whereof no man suspected you, that others might be thought guilty; as you endeavoured by your Declaration, wherein you vindicated your selves from being against Magistracy, or liberty of Conscience, nor for Poligamy, or Community; and this in a time when you had freshly & falsely asperst us, to be opposite to you in all these, purposely to get your Guard into the Tower: and for your abatement, it will not be amisse to let you know how a weak woman answered your strength spent in this elaborate Declaration, at first and in the reading of it; but it was my Wife, and she having been (as you will have it) a Jesuit’s wife this two and twenty years, may have more wit then ordinary.
Saies she, They against Magistracy? Who can suspect them, that hunt and seek for Offices as they do? (now I am sure the City and Customehouse will cry, probatum est); and where you argued your selves to be for liberty of Conscience, saies she, Who have more need? I am sure none use so great a liberty, to raise such vile and false reports as they do (for she hears all you say of me, and about that time, that some of your tribe should report I used her very hardly, and used to beat her; whereas we both know and believe in our consciences, never two in the world lived more comfortably together then we have done, nor have more delighted in one another. And where you declared, you did not hold it lawfull to have more Wives then one, saies she, They that keep their Wives at such a rate as they do, had not need to have more then one apeice, they will find one enough: And where you declared, that you were not for to have all things common, saies she, No, I warrant you they know well enough how to hold their own: are not some of them Usurers? And you know it to be true: but if you deny it, we will find you for this also a probatum; and thus was your mighty Sisera struck through the temples by the hand of a silly Woman: The truth is, ye overween your selves exceedingly, because ye are a little skilfull in talking and writing: But why went ye not on boasting? ye were no hypocrites, no slanderers, no backbiters, no envious, malicious persons, no spies or intelligencers, no covetous or ambitious persons, no hard-hearted or cruell persons: truly you took the better way to vindicate your selves of those things only, that no men accused you of.
Another way ye have to get men into prison, by suggesting fears and jealousies of them into the minds of such as are in power and authority; playing the pick-thanks by such unworthy and uncharitable courses; buzzing continually in their ears, that we drive on dangerous designs; that we are Atheists, Jesuits, and the like, which hath been your common practice: insomuch, as being with Collonel Martin, and another Gentleman, about a month before I was made Prisoner, at Lieutenant Generall Cromwels; and amongst other discourse, wondering why he should suffer me continually at his table to be reproacht, as if I were a Jesuit, and a man of dangerous principles; whereas none in the world could have more testimony of any man to the contrary, then he had of me; and why he did not vindicate me, when he heard me so abused: he told me, that he could not believe those scandals, that he had profest often and again he could not, but they were brought continually to them by Citizens, that were esteemed honest godly men: And truly I do believe in my Conscience, we never had been thus dealt withall as we are, but by your reports; and that we are prisoners more by your occasion then any other.
And what a way did Mr Kiffin, & his Associates, find out as soon as we were in, to rivet us in, with a Petition somewhat like your forementioned Declaration? the scope thereof being truly Pharisaicall: Another, Lord, we thank thee, we are not as other men, &c. Nor as these Publicans. No Anabaptists of Munster (defiling their own nest, as supposing that lying story of that injured people true) and praying the Parliament to be carefull to suppresse all prophanenesse and licenciousnesse: as if we had been such a people: But so justly did this mischief (intended on us) turn on their own heads, that most of their own people abhorred the practice, as Un-Christian; and Mr Thomas Lamb of the Spittle, offered to prove the promoters of it guilty of injustice, arrogance, flattery and cruelty, and to give them a meeting to that purpose; but sure they were asham’d, and durst not, for none of them would undertake him.
Besides these waies of holding Prisoners fast, my back-friend, Mr Arnald, hath a way of going from house to house, to discover matter (there being none at all in these very mens opinions of me) For they all conclude, England’s New Chains, to be none of my indicting: I wonder why then they did not petition, or move for my enlargement. No, besides that I am not of their Church; ’twas good holding a man so hardly to be catcht, that needed horse and foot to catch and fetch him out of his bed: And therfore this Mr Arnald also sends Spies to ensnare and entrap us in our discourse: and for encouragement to those he sends, that they may not scruple, but think they do God good service therein; he professes continually, I am a Jesuit: And now, I believe, finding his errour (for it’s very easily found) he dreads my releasment, as believing I may have remedy at Law for so destructive a slander: and therfore hath thought even to overwhelm me with this floud of aspersions, that I should not possibly escape drowning. But the man’s mistaken, and so are his Abettors and Associates; ’tis but a Vision, a false fantastick apparition; they are all Nothings, meer falsnesses, Serpents of Magicians making, the meer works of a malicious imagination, that by crosse working, forcing and wresting of words and sentences, and by fames and opinions, hath made a kind of crawling thing, that might possibly serve to fright Children, or to please a Church that would go a wool-gathering for a miracle, to confirm its reallity: But truth, which is Moses his Serpent, you shall see will eat them up, and devour them all: Many of them, if you well consider what you have here and elswhere read, being consumed already.
That which remains in generall, is, that I aim at the destroying of Religion, and at the subversion of all Government: But why should I do either? Where’s the advantage? I have alwaies professd the contrary, and ever practised the contrary; as those that reade my Whisper to Mr Edwards, and my still and soft voyce, forementioned, will easily believe. And I begge and intreat both young and old to reade them, before they give sentence in their own hearts of me, that I should be so irreligious, as to utter such profane language concerning the Book of Psalms, or Proverbs, or that horrid expression of the Book of Canticles, as that it was nothing else but one of Salomons Epiphonemaes: a word that I never spake, nor yet know well how to pronounce, nor ever did apply the meaning of it to so vile an end (speak the rest, whoso will for me) and if the Author had had any modesty or Religion in him, however it had come into his thought, he would have silenc’d it, rather then such blasphemy should be seen in print; I abhor the words should be in any of my papers; having never entred my thought, or past my lips.
As true, likewise, are all the other unworthy passages in the 9 and 10 pages of that shamelesse book; they have been all malicious snatchings and gatherings from some officious tongues, at third, fourth or tenth hand; there being nothing but mistakes and misapplications in all of them, contrary to my judgment, or any thing ever intended by me, in my discourse of any of those subjects: And to shew some palpable token, that they are meer malicious smatterings, I appeal to all that know me, whether ever I were heard to commend Plutarch’s Morals to any mans reading; it being a Book, that although I have had above these twenty years, yet I am certain, I never read forty hours therein; though I somewhat blame my self for my neglect, it being so generally commended by wise and judicious men: yet I could never perswade my self to take the pains in reading of it, it being somewhat too tedious for my expectation. And as for Cicero’s Orations, I never had it, have only seen it; and (though very unadvisedly, as I was lately told by one whose judgment I love) am somewhat prejudiced against his writings, as esteeming him a verball and vain-glorious Writer.
I have, indeed, bemoaned the breeding of the Youth of this Nation, as being bred so, as to be artificiall and crafty, rather then truly wise and honest, to be Sophisters, and Pedantick Disputers, and Wranglers about words then of solid judgment: but as for feats of activity, it’s a light expression, to be applyed rather to tumblers, and the like, then to be a part of Childrens breeding; and for Geometry, there may be much in it, and of use: but I have not so much skill in it, as that I could make it matter for my commendation. So that these Intelligencers being engaged in evil designs, and knowing themselves guilty, are confused in their thoughts, their consciences ever flying in their faces; and so they hear otherwise then is uttered, and report different from what they hear, and so prove by a just providence destructive to those that employ them; and it were pity an ill end should be better served.
In the 11 page, because he would not want matter to disparage, he puls in I know not who, that, forsooth, must be of my acquaintance, and speaking absurd profane language, concerning things heavenly, and of God; that I professe I do not think any man in the world would utter, nor think them fit to be repeated, much lesse printed, to save a life: whereas this unhappy Author puts them in a particular character, lest they should passe unobserved; and that not to save, but to destroy me and mine: Who this should be, I cannot ghesse; but it seems, it is a man of parts, possibly, for to have made him an Intelligencer: if so you have given him your reward, slander him, and let him go; and ’tis well he scapes so, as the world goes.
For there are uses for Spies and Intelligencers, that few men dream of, and Mr John Price, and Mr Goodwin, and Mr Lavander, knows of the making of them, their instructions and oaths of employment and secrecy; an office and institution we never read of in all the New Testament: but what wonder if their practice be point-Blanck against the Scriptures, whose structure is not built upon (but borrowed, or rather forc’d upon) that golden foundation?
As for the next passage in the 11 page, that I should affirm the Scriptures to be, and not to be the Word of God; it is such a double way of expression, as I dislike in all men, and avoyd it in all my writings or discourse: but for this, or any thing relating to the Scriptures, I refer the honest-hearted Reader to my still and soft voyce.
And that I should perswade that Gentlewoman next mentioned, to ruine her self, is as false as ever was spoken, as her Husband, her Sisters, her Friend that was continually with her, her Servants and Children, I am confident are all ready to testifie, and some of them I am certain will witnesse, that I used my utmost skill to disswade her, and did manifest as much grief for her, as I never did more for any, except a Child I had, to whom she was Godmother, for she was my true Friend, and her Husband hath for these twelve years (as I have cause to believe) held me as dear to him as any Friend, and so hath continued to the time I came into prison; and her sister that hath been in the most extreme affliction for her, hath yet shewed so much respect to me (with the Gentlewoman that was alwaies with my distressed Friend) as to give me a visit in this my imprisonment, and so also hath two of her Sons: these are truths, and will be believed by all that truly knew both her and me; though Mr Goodwins whole Church should swear the contrary; and from whom she deserved a better regard. I am sorry their hate to me should awake the remembrance of that sad disaster from sleep, where it ought to have rested; she being very religious after the way of Mr Simpson of Allhallowe’s Thames-street, and no admirer of Mr John Goodwin: Insomuch as it was said to her, in her greatest extremity of pain in her head (the greatest, in my apprehension, and most continued, that ever was felt) you have a wise Religion, that cannot bear with a pain in your head: his profession that said it, required another remedy; but as he exceeded in his tongue, he was as short in his brain and hand: Not only she, but her Husband to this hour, being much distrest through such comforters: and it were well some skilfull man would administer some matter to cure the man of his vain-glory, and flashing self conceitednesse, with which he abounds to the destruction of some native goodnesse, & acquired parts; which would otherwise commend him: I could not be more particular in this story, lest I should grieve my friends, who I know cannot but desire this were buried in oblivion.
As false also is that other passage, concerning King James, and King David: it having never been my manner, to use such opprobrious language towards any men; much lesse towards persons of such Eminency; but Generally reproove it.
I have from a serious consideration of Davids offences, and Gods passing them by, and not rejecting of him for them; observed a different way from God, in those of our times, that call themselves Saints, and would be esteemed his nearest servants; for if any man be overtaken in a fault; they are so far from restoring such a one by the spirit of meeknesse: or, reproving him privatly, or by love, as Gods way is; passing by multitudes of sins, and failings; that they make it their meat and drink, yea, they hunger, and thirst after evil reports; yea, send out into the high-wayes, and hedges, and as it were compell men to come in to witnesses and article, against men too, that have hazarded their lives for their good: and with whom they have frequently, familiarly, and intimately conversed; never reproveing them in their lives to their faces: and keep things in boxes, three, four, six, yeers together, watching a season to divulge them to their ruin: as now in mine, & my friends cases.
They that are now advocates for David, if David lived in our dayes, and had not favoured Mr. Goodwins Church-way, and had been guilty of the matter with Bathsheba, and Uriah, where should David have found a place to have hid himself, who amongst them; (according to their present rule with us) would have pleaded for him? nay, had not Davids wiles (pardon the expression) been published in words at length, and not in figures: yet possibly (nay probably) Davids being King had altered the case with these men; especially, if he were supream in power: for they are ever carefull to row with, or not long against the tide: but what (think you) would they not give that they had such matter against me, that make so much to gather up false reports against me; what society should I keep; who would own me, no marvail? now I see, that David being put to his choice; chose rather to fall into the hands of God, then into the hands of men: for with him there is mercy, his mercies are over all his works; he delighteth in shewing mercy, he considers that we are but dust: and putteth away our sins out of his remembrance; as far as the East is from the West: whereas the mercies of men are cruelties: although I cannot so experimentally say it, of any other sort of men, as of these; for I have found the contrary from so many other sorts of people, upon divers of my particular occasions, that I have wondered to consider the difference.
For the next slander: that I should speak so slightly, of the sin against the holy Ghost; this I heard they have asperst me withall above these three yeers: and I have considered it seriously, and can professes with a sincere conscience, that I do not know that I ever uttered a syllable towards it: sure I am it never entred into my heart: nor could I, till now I see it in their book, learn, to what woman they charged me to have spoken it: but yet, because I ghessed, they might mean the gentle-woman forementioned, she being well known to them: I have told her of the assertion; and desired seriously if she could call to minde, whither ever any such unadvised speech had past from me to her; as I might meete her, and in a friendly manner chide her for not visiting my wife: and she hath very often solemnly protested, she could not for her life remember, that I did ever speake any thing towards it, and truly, if I had known any such thing by my self, though it had been never so unserious, I should have taken the shame of it to my self; and have manifested my sorrow for it, as not in the least justifying a carelesnes in things of so high a nature: and do fear, they come neer to scoffing, that dare thus liberally publish in print, expressions so unsutable to so divine a subject, for they may remain upon a readers mind, to prejudice, longer then he would have them.
And concerning the next slander; I might blame her for her sadnesse, and fear, which sometimes she would expresses as being contrary to the principle, of that love of God, she would constantly professe, to have assurance of: urging frequently that place, which saith, we have not received the spirit of bondage to fear any more; but the spirit of adoption whereby we cry, Abba, Father, and have boldnesse to the throne of Grace, and the like; but that I ever discouraged her in the hearing of Mr. Simpson; or in the wayes of religion, I utterly deny.
And being thus, as thus in truth it is, and no otherwise in all the particulars forementioned, let all impartiall, and judicious people judge, whether it had not been more for the honour of God, the Scriptures and Religion; that this authour; his assotiats subscribers, his abetters, and confederates; to have received in good part our clear manifestation; wherein we justly vindicated our selves in generall, from those aspersions that causlesly were cast upon us; without naming any person, or persons, as authors thereof, or reflecting, with the least rancour upon any condition of men; as being willing, if possible, to have buried for ever, all former unkindnesses, and evill offices done to any of us in this kinde: and as far as in us was to have renewed our former friendship with those, in whom we had formerly delighted, or at least to have expelled that enmity, which we knew was exceedingly prejudiciall to the Common-wealth: I say, had it not been much more Christian-like; then to have set their brains, and credits thus upon the tenters (stretching them past the staple that they will never in again) and to put upon record, so many unseemly expressions, as if they gladly took occasion through my sides, & friends, to give Religion, the scriptures, yea, God himself were it possible a deadly wound: for such I fear will be the effect; whither throw their malice, or indiscretion, or both, I leave to judgment: and for what cause, at best; but only to render me and my friends odious, to discredit us in the things we undertook for the publick.
And then to cry out of violence in some mens writings, and yet to abound, as here they do, with such new invented invectives, and provoking language, as is hardly to be parallel’d: Cheef secretaries of the Prince of slander: this English man-hunter, this wretch: this wretched man Walwyn: this worthy Champion: the venison, which his soul doth so sorely long for: as the serpent, that deceived our first Parents: this factor for the Region of Darknesse, these Jesuiticall-whistllers: this artificiall impostor, ill his Satan-like work: Good God, where is the cause, what hath moved them to this high flown mallice, these bumbaste poetick raptures, fit rather for stagers, then Preachers, for swaggerers, then Saints, (oh, but it must not be so taken; it must be esteemed their zeal, their Jehu-like affection to God, and his truth; yea, come see our zeal (say they in effect) which we have for God): why, be it so, O Jehu, yet what’s the cause?
The cause; why, heers Walwyn with his Wiles will overturn, destroy, and overthrow all Religion; and the Scriptures themselves? sure its not possible? no, have you ever heard such things uttered by man, as is recited in Walwyns Wiles? no, but he denies them to be true; gives reasons here; and refers to his Whisper: and other writings: and particularly to his still, and soft voice: and those are extant, and to be seen; and surely if he intend to destroy Religion, to publish such things as these is not the way; besides, uttered by one, that you your selves say is wary, and sober, and discreet. But I pray, friends what a religion is yours, that fears the breath of one man should overthrow it? what? is it built upon the sand? if so, you may doubt indeed; but if upon a rock? let the winds blow, and the waves too beat; what need you fear? sure your faith is built but upon Reason; look to it; some say it is your tenent; if so, you had need indeed to bestir your selves, for you finde he is a rationall man, and thats a shew’d thing; against Diana of the Ephesians, though all Asia, & the world worship her: if your Churches have but an imaginary foundation then indeed you had need betake your selves to Demetrius his Arguments; and to tell all men these Walwynites every where, turn the world upside down; breathing strange, and unwelcome doctrines, such as your Churches and people cannot bear.
And so it seems, indeed they do, as these authors Complain in the latter part of their 13 pag. where they say, I am ever harping upon the hard-heartednes and uncharitablenes of professors; and those that are religious men, how grinding they are in bargines: how pennurious: base, and backward in works of charity, and mercy, how undermining, and over-reaching they are in buying, in selling; how having and craving in the things of this life, how hardly any work of mercy, and charity comes from them; how they let their brethren starve, and dy, and perish, rather then help them; and how bountifull, free, and liberall the very heathens have been and how beneficiall even Papists, and many that do not so much as pretend to religion are to the poor; and Herein (he confesseth) I speake too true: yet immediately calls me devil for my labour (they pay their Pastors better, I beleeve, for worse doctrine).
But why devil? Why, say they, for speaking truth to wound, and destroy it; but say I, who art thou, O man, that judgest another mans Conscience, forbear the chair a while, & it may be the chair of the scornful: for God and my own conscience knows, I never yet in my life spake, or uttered one of these truthes but to the end the Scriptures warrant.
But they go further, and say, by doing thus, I cunningly insinuate into the discreet, and beget a disparagement of that that is called Religion amongst them. page the 14.
This is very observable: for by this expression, all men shall easily understand the ground of their quarrell against me: if they can but finde out, what it is that is called Religion amongst them: do not these men call such a thing Religion; as the Pharises did; Ile deal so kindly with them, yet; as to leave the comparing the one with the other to themselves: only, ’twas much in words, and to be seen of men: both which our Saviour reproves: and both by example, and precept invites to practice; possitively concluding, that not he that saith Lord, Lord, shall enter into the kingdom, but he that doth the will of my father which is in heaven: requireth, That our light so shine forth before men, that they, seeing our good works, may glorifie our heavenly father and at the last day, he will say unto those on his right hand, Come ye blessed of my Father, receive the kingdom prepared for you; for when I was an hungry, ye fed me, naked, ye clothed me; sick and in prison, and ye visited me; in as much as ye have done it unto these, ye had done it unto me: when to others, (that yet have to say, Lord we have prophesied, and done many great things in thy name) he will say; Away from me ye workers of iniquity, I know ye not, for when I was hungry, ye fed me not: naked, ye clothed me not; sick and in prison, and ye visited me not; inasmuch as ye did it not unto these, ye did it not unto me.
And if now to invite to these, and to reprove the want thereof, be, to be a Devil, truly I’ll bear it, and rejoyce that I am accounted worthy to suffer reproach for this cause of Christ: I am sure the Apostle Paul (that abounded with reall, not pretended gifts, or acquisitions rather) boasted not of them; but proclaims to all the world, that though he spake with the tongues of men and Angels, and have no Charity, that he was but as sounding brasse, or a tinkling Cymball; and Saint James, his pure and undefiled Religion, is, to visit the fatherlesse, and the widowes in their distresses and to keep our selves unspotted of the world; and saith plainly, that he who hath this worlds goods, and seeth his brother lack, and shutteth up his bowels of compassion, how dwelleth the love of God in him? And truly, if I must be a Devil for insisting upon these most needfull doctrines, I had rather be these mens Devil then their Saint: And if the use and application of these, and the like, will overthrow that which they call Religion amongst them; certainly it is not pure and undefiled, and hardly of Gods making: I might enlarge my self upon this theme, but the little Book, called, The vanity of the present Churches, hath prevented me, unto which I refer the ingenious Reader, for satisfaction of what they call Religion among them.
And thus I think to all unbiassed men, I have acquitted my self from going about to destroy Religion; I mean, true, not false Religion, or superstition, too commonly dignified with the title of Religion.
And as for my designing, as the desire of my soul, the trouble, misery and ruine of this Commonwealth, it is so absurd a suggestion, that it seems not worth my answer; the utmost of my desire concerning this Commonwealth, being held forth and contained in the Agreement of the People, dated the first of May, 1649. And as a testimony of our acquiescence therein, is subscribed by Lieut: Col. John Lilburn, Mr Richard Overton, Mr Thomas Prince, and my self: so that all my designs are therein center’d; and if that imports the trouble, misery and ruine of this Commonwealth, I am extremely mistaken, and shall not refuse to acknowledge my errour when I see it: but till then, and whil’st I conceive it to tend to the good of all men, I cannot but wish it might be established with contentment and security of all sorts of people: I know not the man in the world, whose finger I desire should ake longer then he pinches another; nor that any man should be reduced to any extremity, by any alteration it might bring with it: but that authority would provide rather a change of interests, and remove men from that which is not, to that which is consistent with the peace, freedom and prosperity of the Nation; it having been all along a sad thing to me, to see men of parts, and breeding, and eminency, upon reformation of interests, or their reducements, to be left to the wide world, without any care or regard of a livelyhood for themselves, their Wives and Children, in some measure answerable to their former condition: such extremities commonly begetting greater, and more mischievous to the Commonwealth; and it should, in my poor opinion, be the care of the supreme Authority; no desire being more forcible in man, then to live answerable to his breeding, or to what he hath been long accustomed; every one finding it an easie thing to learn how to abound, but to abate, most difficult: and, I fear, our late and present times suffer much under these two extremes. He upbraids me, that I find fault, that riches, and estates, and the things of this world, should prefer men to offices, and places of trust: but say that virtue, though in poor men, should be more regarded, as in Butchers, or Coblers: And truly I know some Butchers, though not many, as fit as some in your Congregations; and I think you do not exclude for that trade: And as for Coblers, there are trades more in credit, hardly so usefull, and Mr Price knows it well; and were he as busy in self examination, as he is in reproaching others, he would have little time to trouble himself about others motes: he who thought it no robbery to be equall with God, and yet despised not to be esteemed the Son of a Carpenter, and chose simple herdsmen for his Prophets, and poor fishermen for his Apostles, did certainly judge other-wise then these Churchmen judge. Besides, there was a time, when Samuel How, a Cobler by trade, and a contented man in that calling, was not ashamed to preach before your most learned Pastor, and printed his Sermon afterwards; and your Pastor hath chang’d his mind since, and is come somewhat nearer to his judgment; and had done then, as is said, and can be proved, could any have shewed him a livelyhood with credit, upon the exchange.
But by the way, I am not so strong as to talk usually after this rule, I know the generality of our times cannot bear it; I indulge exceedingly towards the weakness of men for peace sake: who ever heard me speak either in behalf of Butchers or Coblers, as to places of government? I professes I know not where, nor when; though for their callings, I make no difference between them and my self; for the callings are honest, and mine can but be so.
And as for Riches, Saint James, whom I am exceeding in love with, had no great good opinion thereof: he demands positively, Do not rich men oppresse you, and leade you before the Magistrates? (the Magistrates, possibly, were no rich men) Nay, is there not such an expression again in Scripture, as, Go too, weep and howl, ye rich men, &c? But I shall be told anon, I have too much straw for this brick; truly, I wish I had none at all, and that you and your Associates had been more advised, then to have necessitated me thus to discover your weaknesse; but I comfort my self, that I shall turn it to your good. I hope you will say no more, that by these truths I shall destroy that which is called Religion amongst you, for this is a part of pure and undefiled Religion: And if you make one more change, and sell all that ever you have, all your uncertainties, vanities, and superfluities, for these reallities, it will prove the best bargain that ever you made; and, I believe, we should be Friends upon it; this difference being the only quarrell: And that Riches may no longer be a stumbling block in your way, reade, at your leisure, Montaign’s 52 Chapter, of the Parcimony of our Fore-Fathers.
And where you charge me, that I find fault that some abound, whil’st others want bread; truly, I think it a sad thing, in so fruitfull a land, as, through Gods blessing, this is; and I do think it one main end of Government, to provide, that those who refuse not labour, should eat comfortably: and if you think otherwise, I think it your errour, and your unhappinesse: But for my turning the world upside down, I leave it to you, it’s not a work I ever intended, as all my actions, and the Agreement of the People, do sufficiently evince, and doth indeed so fully answer all your remaining rambling scandals, that I shall pray the courteous Reader hereof to reade it, and apply it, and then shall not doubt my full and clear vindication: so far as that is, am I for plucking up of all the pales and hedges in the Nation; so far, for all things common.
So far from wishing printing had never been known, that I have alwaies said, that printing (if any thing in this age) would preserve us from slavery; and you that know how much I have been against the stopping of the presse, methinks should blush to talk thus.
As for Mr Pym, and Mr Hampden, it’s well known, I honoured them much, for what I saw was good in them, and never reproached them in my life; but was not satisfied, when they would make a war, that they would make it in the name of the King and Parliament; I could not understand it to be plain dealing, nor thousands more besides me.
As for any invectives against the Lieutenant Generall Cromwel, Commissary Generall Ireton, or Collonel Harrison, I shall refer this to be satisfied by one Mr David Brown, the Scotch Writing-Master, a man of integrity, and of a sincere Congregration, what I have done to the contrary: but I allow him not to be over-particular, in naming what particularly, that being inconvenient: And if Collonel Harrison would but remember my attendance on him at Collonel Fleetwoods, and but reflect upon a paper I then deliver’d him, methinks my integrity to my Country, and affection to all such as desire the liberty thereof, could not be question’d; and, I confesses I have wondered, he of any man in power, hath not appeared more to my vindication: indeed, I have no fawning flattering waies to work upon men, nor have used any towards them, I have been reall and plain-hearted towards them; and though you may have courted them more plausibly into an opinion of your way in the affairs of the Commonwealth; yet is it conscience and time that proves all things, and I refer my self to both; and if you prove not to them (and the rest in power, that give ear to you) like Rhehoboam’s young Counsellours, I shall be glad of it; I am sure you came in late to the work, and (to my apprehension) labour to build hay and stubble, if not worse, upon a golden foundation, laid by others for the Freedom of the Commonwealth.
But I must beware, for, as I hear, you much rejoyce in a new Act concerning Treason; so copious, that I may be in the verge of it, before I am aware; it makes me almost not sorry that I am kept close Prisoner, but that it’s no good sign of Englands liberty which I have earnestly labour’d for: but truly I may rejoyce that I am kept from you, and you from me; for certainly, should we passe but one hours discourse together (in the mind you are in) and as the case and law now is, I should not escape an information.
And truly, that ye are so well pleasd with this act proceeds, for that it serves your present turn, rather then any reason or consideration in you; for how soon the edge of it may be turned against your selves, you know not; and some who consider not how much ye have labour’d for it, wonder ye do not petition against it: for whil’st a Parliament sits, it is lawfull to petition against things, though established by Law; and it’s somewhat rare in the practice of Parliaments, for a law to take place, and be of force so soon as it is made, having commonly had a good distance of time, that men might digest, and consider and understand it, before the commencement or beginning of the power thereof; and that, at soonest, not before the end of the Parliament that made it: And there seems to be this reason for it, that the Parliament men that made it should be as soon, and as clearly subject thereunto, as any other persons whatsoever; otherwise they might make such, as might ensnare the people, and yet keep themselves out of danger.
And certainly, if this caution be necessary in any case, it must be where mens lives are concerned, as in Treason and Felony; wherein our forefathers were ever very carefull; as Sir Edward Cooke cloth sufficiently witnesses some particulars whereof concerning Treason, are worth yours, and every mans knowledge.
“Briefly thus: he saies, The Parliament holden the 25th of Ed. 3. was called benedictum Parliamentum; because of its particular expressing what was Treason: and that except Magna Charta, no other Act of Parliament hath had more Honour given to it, as appeareth by the Statute of the 1 of Hen. 4. chap. 10 reciting, That whereas a Parliament, holden the 21 of Rich. 2. Divers paines of Treason were ordained by Statute, insomuch as there was no man did know how to behave himselfe; to do, speake, or say, for doubt of such paines: It is enacted, &c. That in no time to come, any Treason be judged otherwise, then it was ordained by the Statute of 25 Ed. 3. the like honour is given to it, by the Statute 1 Ed. 6. chap. 12. and by the Statute of the first of Mary, chap. 1. Sess. 1.—different times, but all agreeing in the magnifying, and extolling that blessed Act Of 25 Ed. 3.”
And speaking of the care of our Ancestors, in avoiding nice and extreame Laws concerning Treason: he saith, And all this was done in severall Ages, that the faire Lillies and Roses of the Crowne (which now may be interpreted) the Government of England, might flourish, and not be stained with severe and sanguinary (bloudy) Statutes.
He saith further, That the Statute for Treason, is to be taken strictly; and the proofs to be direct and manifest; not upon conjecturall presumptions, or inferences, or straines of Wit: but upon good and sufficient proof, That none are to be proceeded against, but according to due course, and proceeding of Law, to be judged by men of our own condition; and not by absolute power, or other meanes, as in former times had been used; and affirmes it to be a received maxim, that bare words without an overt Act, could not make a Traytor.
But if you can rejoyce that these strong holds, and safegards of our lives, shall now in the first year of Englands Liberty, with the Petition of Right, be accounted of no value; but that we must be so exposed to danger, that no man shall know how to behave himselfe, to doe, speake, or say, for fear of the paines of Treason: I believe your rejoycing is but matter of grief to us, and the rest of the plain-hearted people in England: it being not who doth it, but what is done, that most concernes all men: you use to talke of something still, in the bottome of what I, and my friends proposed; but when shall we see what lies at the bottome of your hearts, if such as those rejoycings are aflote already?
You think it strange, that we should object against Martiall Law, in times of Peace, for Souldiers or others; and yet if you read the Petition of Right, you cannot but confesse it to be expresly therein provided against; you deny us all Legall proceedings, and yet thinke the proceedings of the Swisse a horrible thing; a story kept in Lavander about seven years, and next to one that now is not, is due to him that kept it in sweetning so long, for so unsavoury a season, and whose profession is nearer cutting of throats, then mine is; and as I remember, was very merry at the thought of it.
I am of opinion, there is much, if not more need of another kind of Law; and I could wish some good people would consider of it, but I have no hope of your Congregation: It is a Law against Lying; you know what a sad condition the Scripture holds forth to him that loveth, or maketh a lye: what thinke you of it? will our trades bear it? there needs no sanguinary punishment be annexed, but some easie punishment: besides, if you hear one that is not of your own Congregation asperst, and runne presently and tell it to others, before you are certaine of the truth your self, this need not passe for a lye, if you can but remember your author; though he had it only from the father of lies; being sure also, that you may confidently avouch, that you had it from a very pretious Godly man; so are all your Churchmen: or if you do but thinke ye remember a thing right, and witnesse it; this also had not need to be taken for a lie neither: and some such other indulgences, as the time, and your occasions require; there are some say, pia mendacia, those that are Learned amongst you, will expound the meaning; there may be a remission also for those, but certainly, yet a Law (though with allowance of a large latitude) were absolutely necessary for these times, and it would honour you exceedingly to seeke for it; you may have also allowance, for all false slanderous invectives, if once you have gotten them Licenc’d, and Printed, such as are in Walwyns Wiles; all such shall not be doubted for lies: but a Law would be wonderous necessary, though it were never kept, you can bear with that, though we, as you say, cannot, but are clamouring alwayes about the Selfe-denying Ordinance: well, pray get a Law, and draw it up as large as will serve your seared Consciences, that durst subscribe such abominable ones, as that booke containeth; it being a thousand pities, that you, who have ever been so forward for the good of the Commonwealth, should stay till some that are not of Churches, or some obscure inferiour Churches should move for it, nay, and may occasion a greater strictnesse, then will serve your turne.
Many considerations will be necessary in the making of it; for as you know in wrestling, three foiles, are valued a fall: so it must be exprest, how many mentall reservations shall make a lie; how many feignings, how many times appearing as a spie; whether a spie under an oath can lie, so long as he intends the service of his principals: how many times a man may walke and discourse familiarly in dissimulation, before it amount to a lie; how many lies a years hypocrisie amount to: that so, such as Mr Richard Price, Mr Brandriff and the like, may be reckoned withall: and then to proportion punishments to offences; you have time and leisure, and I perceive, meet together for worse purposes, so I leave it to you. Only thus much for encouragement; Almanzar the first (or third) of the Sarazens Emperors, made use of such a Law, by which (above any other meanes) a mighty people were kept in great quietnesse and prosperity, as you may read in a little Book, called the Life of Mahomet; and are we not in a low forme for Christians, when we are not so wise as such Schoole-masters? O miserable Reformation!
But I must take heed what I say, for it seemes the Petition of the 11 of September, is afresh come into their minds, and all the circumstances therein reckoned up, as matter of provocation to all interests, and of devision to the honest party; for of all Petitions, after that which was burnt, this contained most particulars; and then, and long after, was that wherein the wel-affected from all parts, and Countries, did agree and center; so that it proved a Petition of the greatest power of uniting, as ever was: and was by the heads, and chosen men of these mens friends agreed unto, to be the substance of an Agreement of the People; as Lieut: Collonel John Lilburne, Mr Doctor Parker, and others can testifie: and yet now by this author, must be raised against me, as if but for me, that Petition, had never been seen; & as if his judgement were to be valued to the blasting of that which received the approbation of many thousands of the most cordiall friends the Parliament, and Army had throughout England: I wonder of what honest party, this author reckons himself to be, if this Petition were so unworthy; an exasperating Petition, who did it exasperate? if this Petition did demonstrate my designe of mischief to the honest party, I say (as he saies) let any mans reason judge impartially and determine; certainly these people have resolved themselves to be, and have contracted some corrupt interest, that the matters of that Petition now so much troubles them: but why this must fall upon my accompt, more then upon any others, that I do not see; only he hath undertaken to try what work his wit can make of any thing; and out of the strength of his braine, presumes he can turne my promotion of the best things to my disadvantage, although (but that I will not favour his expectation with a blab) I could tell him how little I had to do in that Petition; but why should I take care to set that man right, that cares not which way he goes, to do mischiefs, and will not be disswaded? and whose ends are so unworthy, as to affright all men from Petitioning, without his, and his associates allowance?
I know not whether any body sets him to this unhappy work, or whether he officiously undertakes it of himselfe, but truely to me he seemes to be but an impertinent workman to his pretended ends; for as in the former part, no man (to my apprehension) ever more wounded Religion, and the honour of God and his Word, then he hath done, upon pretence of wounding me: so in this other part, which he pretends for the honour of the present Parliament; what man in the world would have made such a repetition of things? trumpeting out himselfe really such things, as I am confident, he never heard from me, nor any body else: it hath not been my use to stir much in what is past; but my way hath been to propose a passing by of what is gone, and laying a good foundation for the time to come; that there might be no need of such complaints, as he there more Rhetorically, then truly, reckons up as uttered against me.
“As how basely things go; what Oppressions, Taxations, and vexations, the poor people indure, how this poor betrayed Nation is bought and sold; how the cutting off some Tyrants, do alwaies make way for more, and worse to succeed them; how nothing is done for the Commonwealth; how basely the treasure of the Common-wealth is embezell’d; how Parliament-men Vote money out of the purses of the poor ridden people, into their owne; how they share the riches of the Nation among themselves; how to day, they Vote this Parliamentman into a great Office, and to morrow, another; and how they doe nothing for the Common-wealth, but Vote one another into places of power and profit; how that, though to abuse, and cast a mist before the eyes of the people, they made a Self-denying Ordinance, yet suffer no man to put it in execution; how they promote their Kindred and Allies, into great places every where; if any use be for men in the Custome house, in Excise office, or in any other places of profit, this, and that Parliamentman’s friends, or brothers, or sons, or nephewes must be the men; nay, Parliament-men and their allyes, have place upon place, and office upon office; as if they had severall bodies, to be imployed at one and the same time: What’s become of the infinite summes, the unconceiveable Treasure of the Nation; the late King’s Customes, Ship-money, Coat and Conduct money, Monopolies, &c. were nothing to the Customes, Excise, Taxations, Free quarter, Sequestrations, Papists monies, Bishops Lands, Revenues of the Crowne; besides all the Plate and monies, lent freely by the people, and yet nothing done: nay, how many for their zeal and good will to the State, have lent freely and bountifully, thereby beggaring and undoing themselves, and now cannot receive one peny to buy them bread, but may lie begging, petitioning, and starving at their dores, and cannot be heard; nay, it may be, have nothing but course, hard and cruel language from them; how one Faction tears the Commonwealth, & share it among them one while, & another another while, neither of them regarding the ease or grievances of the poor people all this while: And what have they done since this purge, and that purge? they have voted the continuance of tythes, the laying of more taxes and rates, they imprison honest men, &c.”
These he implyes, are my ordinary discourses, to the disparagement of the Parliament, and that too since the King’s Death; for my part, I must deny it; and that if I should have in any place, or at any time, spoken, or directed others to speak all what he there recites, I had spoken what I do not know to be true; for I have never made it my work to take a Catalogue of the failings of Authority, but have frequently proposed a generall remission and security to all men, for what hath been past (as I said before) without which I never expected peace, or an end of wars and miseries: And this my back friend, Mr Arnald, may averr on my behalf; to whom I once gave a paper (upon his sight and desire) to that end: so far have I been from blowing such coles as these, that if any ever cast water or milk upon this wild-fire, I have done my endeavour therein.
But I must not be what indeed I am, but what this and these men are pleased to give me out; unto whose secret suggestions, and false aspersions continually whisper’d by them at Parliament, and Derbyhouse, I impute all the hard measure I have found (and which, I fear, will be the undoing of me, my Wife, and Children) there being none of the Gentlemen of either place, I am certain, have any thing against me, but what these men bring; and some of them, I am confident, have that experience of my integrity and ingenuity in all I have done in relation to the publique, that they would do as much for my deliverance out of this affliction, as for any mans in the world.
And truly, whether he wounds me or the Parliament more, in making such a Rhetoricall recitall of so many particulars, as, whether true or false, will be apt enough to be believed in these sad, complaining and distracted times; let any man that hath reason, judge.
So that if he meant not to wrong the Parliament, but me, he hath overdone his work, which generally befals such as take not their Consciences along with them in what they undertake; they overdo, do, and undo, ordinarily; as you may observe by his so many firsts, seconds, thirds, his doubling and trebling of them, and his running over one and the same thing again and again, as if he labour’d with the disease of multiplication.
But truly, when I consider with what a continued, but secret malice, they have pursued me, and that all their pretended reconcilements and friendships, have been but counterfeit, I can impute the same to nothing more then emulation: for before this Parliament, I was accustomed to discourse much with Mr Goodwins hearers, upon what they and I had heard him preach; and my character of him usually was, that he spent much time (in my apprehension) to make plain things difficult to be understood, and then labour’d again to make them plain and easie to be understood; but he had so perplex’d them, as that he could not: this I know did sorely trouble them, though when they fell to congregate in a Church-way, they gave me good respect, as needing the help of every one, whose conscience (as mine did) led them out to stand and plead for liberty of Conscience.
I believe they were also not a little troubled, that I closed not with them, or some others, in their Church-way; for so I once perceived by one Mr Lamb, a Linnen Draper in Cornhill; to whom I having sold a good parcel of linnens, and taking it very kindly that he would deal with me, I would needs give him, and some Friends with him, a cup of beer and sugar one morning, and we were all free and chearfull: but Mr Lamb and I out-staid the rest, falling very largely into discourse, he putting all the questions and doubts he had concerning my opinions; which I answered one by one, upon condition that he would give himself and me time, then, and hear me out all I had to say, because (as I then told him) I never had received prejudice from any discourse that ever pass’d from me with ingenious men, but where they carried away things peece-meal, and by halts: So in a most friendly manner he heard me, and, in conclusion, approved exceedingly of all I had said, even with abundance of content and rejoycing: but when we had done, he fetches a deep sigh, saying, O, Mr Walwyn, that you had a good opinion of Churches.
To which I answered, that I had no evil opinion of them; that rather I did rejoyce to see with what amity and friendship they enjoyed each others society in a comfortable way, assisting and supporting one another; that I was glad they so contentedly enjoyed the exercise of their consciences in a way that was agreeable to their judgments; that I had made it my work, as far as I was able, to preserve unto them, and all others, the enjoyment of that just liberty; it being a principle in me, that every man ought to be protected in the use of that wherein he doth not actually hurt another; and that were I satisfied in some particulars, I could not but joyn my self to some such society; that I thought, as I was, I wanted much of that intimacy with good people which they had, but yet must not purchase it upon a doubtfull conscience, or against my judgment; that I wish’d them all happinesse in their way, and was not willing to disturb any, and hop’d they would not disturb me; hoping, that they would have as good an opinion of me, as I had of them, though I did not joyn in a Church-way: and with this he then seemed to be very well satisfied.
And so we held very fair and serious respects a good while, I giving him some visits at his house, where he would reade to me with much admiration, some of Mr Goodwin’s Books; the weaknesse whereof I made somewhat bold withall (as being never used to flattery, or to balk my judgment) which proved a noli me tangere: for Mr Goodwin is the apple of their eie, and in a short time, not only his familiarity ceased, but I was even slandered to death from this man’s mouth; no place wherever he came, but his aspersions flew abroad; as if to blast my reputation, had been given him in commission from the whole Congregation: this was the fruit of my intimacy with him.
Nor can I imagine any other reason why Mr Brandriff should deal so unworthily with himself and me; for when we have been together, he hath discoursed to me much concerning his Wife, his Father, his Children, what he had done for his Kindred, how ingratefull they were, the manner of his trade; how, and by what means he got good store of monies, in the midst of the wars, by rising early in mornings, and searching in Inns, what goods were brought to Town (indeed, most commendably and industriously) how he many times ventered to buy goods he had little skill in, nor knew not when he had bought them, where he was like to vent them; yet how well he sped, with abundance of things, I will not repeat, these being sufficient to shew the man, was not certainly feigned towards me so long a time as afterwards he pretended; only when we have been hearing Mr Goodwin together, and come from him discoursing, I have shewed suddenly some mistakes, and weaknesses, and drinesses in things which Mr Goodwin had much laboured to make good, but would not endure my touchstone; and Mr Brandriff hath been forc’d to confesse as much; sadly smiling and saying, well, what shall we say? where can we hear better? To which I would answer, that’s not the thing, you see what this is.
Indeed, but for this, which can be nothing but emulation, I know not any cause I have given them thus to persecute me; they have thank’d me for Books I have written, as my Whisper, and others forenamed; and for a Book, entituled, A help to the understanding of Mr Pryn, which they would no nay, but it should be mine, though my name was not to it; so good an opinion they had of my integrity: Nay, their Church disbursed fifty shillings towards the printing of ten thousand of that little Book, called, The word in season (they then judg’d the dispersing of Books no sin) which Mr Batcheler can tell who was Author of, and they know well enough; so far were they from believing what now they subscribe to; that in all times I ever opposed the present Government; but it will be found only, that I never flattered them by such undue expressions, as, by the womb that bare you, and the paps that gave you suck, and the like, more sutable to the liberty of Sycophants, then Christians: Nor did I ever oppose any just authority otherwise then as I have opposed men: not to destroy them, but their destructive errours and misapplications of their power.
Well, ye are the most strange conditioned people that ever I met withall, the most inconsistent; walking, not by any principles, but meerly by occasion, and as the wind turns; and I am heartily glad I have so nigh done with you, for I never shall be induced to bestow the like pains about you again: only I have this farther to acquaint the ingenious withall concerning you, viz: that you bear your selves very high and confidently upon your ability of proving whatsoever you alleadge by way of aspersion against any man: And indeed herein, I can resemble you to none so properly, as to a people are called, Gypsyes (I must intreat pardon, if there seem any lightnesse or despising in this simile) for if I could have found one more handsome so proper, I would not have stained my paper with this: but just so have I found them confederated together; if one but averr a thing, presently there are a cloud of witnesses; and not in a slighting way, but such as will take their oaths of it: Upon which accompt, upon the Exchange, all their affirmatives concerning others, and there negatives concerning themselves, are carried on; beating down, by this one trick, all their opposers.
And so they dealt in a most filthy scandall concerning an honest man I know abhorred such basenesse; and which was carried all over the Town by this kind of Congregationall men: I reproving of it, and saying, the party would not so put it up, but would seek for remedy at Law; one of them rounds me in the ear, If you are his Friend, advise him to be quiet; for I am told by as godly men as any in England, the thing will be witnessed upon sufficient mens oaths: whereas, I professe, the thing was of so abominable a nature, as I do not believe ever was, or ever could be proved by witnesses, all circumstances of day, and light, and open-street considered: And truly they are as cunning at dispersing, as they are confident in avouching, that the resemblance may well hold; for generally all their aspersions, though they are so vile, as, if believed, shall undo a man and his family, in respect of the loathings they will beget in all that know him: yet you shall ever have them such as by law you shall hardly ever take hold of them: so that they exceedingly presume, never giving over railing and writing, that there is no possibility of silencing them: shame they care not for, and no prejudice can come unto them; for touch one, and touch all; all have one purse for a common end, offensive and defensive; and if they should by these courses grow so odious, as that no body else would trust them; their Confederacy is so large, that by buying, and selling, and purchasing, and lending, they are able to enrich one another, so as they grow to a mighty interest, as distinct almost as the Jews in Amsterdam; and much to the same ends of gain, but have greater aims of power and dominion.
And I beseech God to deliver me out of their unmercifull hands, before they yet grow greater; for I look upon my self as their Prisoner, aspersed and imprisoned, and even ruin’d by their ingratefull, Un-Christian suggestions and machinations.
Mr Kiffin, I hear, since he hath subscribed Walwyns Wyles, desires I would give him a meeting, with others he will bring with him; and if proof be not then made of the truth of those things therein alleadged against me, effectually and sufficiently, he will then himself write against the Book: what an offer is here? he hath set his name already to the Book, as a witnesses and published the Book (before ever he, or any man else ever spake to me of it) to my disparagement, and undoing (were men as ready in believing, as they are in scandalizing) and now he offers a meeting to have those faishoods proved.
Is this like the Pastor of a Congregation of Christians? Good God! what are befaln to Congregations, that they can bear with such Pastors! Truly, Mr Kiffin, although your people will not deal with you as you deserve, I shall be bold to perswade you to leave them; and take such with you as are of your own mind, and colour your faces of a tauny colour, and pursue the profession, you have begun the practice already; and cease to (can’t, shall I say, I even tremble to think it is no better) to deceive, I will say, any longer, in the name of the Lord; for God is a jealous God, and will one day recompence it.
A man that looks upon these seeming Saints, no mervail if they take them for such indeed, they are so solemn in their countenances, so frequent and so formall in their devotions, so sad at others chearfulnesse, so watchfull over others tripping, so censorious over others failings, having a kind of disdainfulnesse at others, bespeaking them in effect to stand farther off, I am holyer then thou; it being a great scruple amongst many of them, the lawfulnesse of playing at Cards, or the like recreation, as being a vain expence of time.
Whereas all this is meer out-side, and but the washing of the outside of the pot, a but appearing holy before men, to gain the repute of Godlinesse; shut but the dores, and let them but be sure of their company, and they are as other men for sports, and jigs, and jeers, and idle jests and tales, and laugh and love it, and even lie down again; for if they would do thus before me, and some other of my Friends, what will they do when they are alone one amongst another? Collonel Tichburn himself, at Mr Hunts house at Whitehall, telling so nasty a tale of a Scotchman that would teach a Lord to give himself a vomit, crooking his fingers, and thrusting them as into one place, and then into his mouth, and down again, and up again, acting of it with so much art, and delight, and laughter, as that other solemn man, Mr Daniel Taylor, and Mr Richard Price, were ready to burst themselves with laughter; Mr Taylor calling out for more jests and sports, being, as he said, extremely troubled with melancholly; I would he were troubled with no worse.
For it was but a slippery trick of him, to allow of all I said against Excise, as an extreame burthen to Trades; and saying he felt it himselfe, and was at that time in question at the Office, and wishing it downe with all his heart, when at the very same time, or just upon it, he writes a Letter to the Commissioners of the Excise, advising them not to be so severe in dealing with him, for the times were like to be such, as they might need the least of their friends; whereas in an eminent place, he had appeared in no mean manner, in defence of the Excise, or to this effect; yet these, forsooth, must passe for the only holy, unspotted men of the times; so as a man that hath but a chearfull countenance is scarce fit for their company, and he that should be said in their company to carry two faces under one hood; O what a wretch were he! but these it seemes may do any thing; and as the proverb hath it, better steale a horse, then others looke over the hedge; but you must note, Captaine Lacy, and Mr Lamb, fellow members with Mr Taylor of Mr John Goodwins Congregation, have some hundreds of pounds in the Excise, which yeilds them good interest (what ere it doth the Common-wealth) and how many Congregationall mens cases it may be, they knew better then I, and so Mr Daniel Taylor, had more reason for what he did, then he would tell every body of: these relations are the tenter-hooks, upon which all oppressions hang, and cannot get off; if they but concerne one of a Congregationall way, you draw Dunne out of the mire, and none of that way will help, but hinder you.
And for Col. Tychburn’s jest as they call’d it, and their other gibbish pratling, how long one had been from his Wife, and how long another; which was to me no better than catterwawling; I was wondred at I was no merrier, being somewhat dumpish by thinking, why those men separated themselves from other men; and sadly considering, what a stroake this light easie people were like to have; through their seeming Godlinesse, in the greatest affaires of the Common-wealth, as soone after was, and hath been seen.
But its well knowne, I, and all that were with me, were so far from telling these things any where to their disparagement, or so much as speaking of it, that we agreed it should not be knowne, lest we should break those rules of society, which require honest men, not to talke to any mans discredit, whatever befell in company, where no evill to any man was intended; and truly, but that now these men seeme to stretch themselves and to walke on tiptoe, not only upon my ruines, but without all tendernesse of compassion, towards my dear Wife and Children; yea, and insult over our more dear Cause, and our Countries Liberties, bearing downe all upon an opinion of their godlinesse, and our licentiousnesse, which we more abhor then themselves; these stories had been buried in the grave of silence, but as they have borne themselves, not regarding our manifestation, but despising and jeering of it; and by their most uncharitable Book, raising up a whole legion of scandals and slanders against me; a necessity was upon me, to shew these men as they are, not as they labour by hypocrisie to appear unto the world.
I have onely one request to this sort of men, and I have done with them; and that is, That they would agree among themselves, to wear some very visible and remarkable thing, either upon their breasts, or in their hatts, in that company where they resolve to be sincere; and to make no perfidious use of that meeting, or conversation, whilst they weare it, and to keep it in their pockets, or concealed, when they intend to deceive; and it will be necessary in your next Book, to publish what this note shall be, that all men may expect it, and accordingly keep you company or not, and know how to behave themselves in their conversing with you; in the observation whereof also, you must advise all those that have been used to deceive; especially those that have profest to have kept me company, purposly to turn all I did to my prejudice; that they be very exact and sincere in the observation thereof, for otherwise it will come to nothing; and no body will know where to have you, or how to confer with you.
It hath been others cases, who have used over-much dissimulation, as Lewis the 11th of France, who in his transactions with Charles Duke of Burgundy, concluding Peace, Truce, and Articles upon Oathes; and nothing proving of force to hold him; neither oathes, nor sacraments, nor execrations, nor covenants, nor any such bonds as should hold inviolable all contracts amongst men; in conclusion, he discovers the image of St. Claud, which he continually wore in his hatt; and after he had offered any other obligation, in a thing he was suspected not to intend, or keep; he urging him to swear by that St. Claud, he refused; as not daring to break faith upon that oath; this was something yet; and truly, when you shall consider to what a pass you have brought your selves, you cannot but conclude upon some such course.
And having thus turned your insides outwards, though with unpleasing paines to himself and much trouble to the ingenious Reader (for I was hopefull I had done for ever with this kind of work, when our manifestation and Agreement of the People was once abroad) you may without spectacles, read in your own hearts, written in Capitall letters, what you through a great mistake intended to me, and my friends, in the first enterance of your Book: namely, “That the greatest hypocrisies is often palliated with the most specious pretences of the plainest sincerity; and the chiefest use that some men make of Religion, and the language thereof, is (after the similitude of Satan with our first parents) to muffle the understandings of over credulous and flexible men and then to cheat them, under a guilded bait of their seeming good, unto such actions, that are most conducible to their certaine misery”: If this be not true of you, and due to you, it hath no true owners in the world.
And so I have done with you all, and all your Wiles; and henceforth, he that is filthy, let him be filthy still, and he that is ignorant, let him be ignorant still; he that is so fouly partiall in his Conscience, as after this my Just Defence, to believe your slanders of me, let him remaine so still; and he that through a perverse ignorance, shall henceforth doubt my integrity, let him remaine ignorant still: I would gladly be free from this Restraint, because I fear it will prove prejudiciall to many more besides my selfe, if not already, and I trust, God will open some just way; however, I have peace within, because in all that hath befallen me; my will is not to harme any man, nor to dishonour God; affliction being still to me, a better choice then sin.
T.202 (6.19) Richard Overton, Overton’s Defyance of the Act of Pardon (2 July 1649).↩
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Bibliographical Information
ID NumberT.202 [1649.07.02] (6.19) Richard Overton, Overton’s Defyance of the Act of Pardon (2 July 1649).
Full titleRichard Overton, Overton’s Defyance of the Act of Pardon: Or, The Copy of a Letter to the Citizens usually meeting at the Whale-Bone in Lothbury behinde the Royal Exchange; And others commonly (though unjustly) styled Levellers. Written by Richard Overton Close prisoner in the Tower of London.
Matth. 16. 24, 25. Then said Jesus unto his Disciples, If any man will come after me, let him deny himself, and take up his crosse and follow me.
For whoever will save his life, shall lose it; and whosoever shall lose his life for my sake, shall finde it.
Imprinted at London 1649.
Estimated date of publication2 July 1649.
Thomason Tracts Catalog informationTT1, p. 754; Thomason E. 562. (26.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
OVERTON’S DEFYANCE OF THE ACT of PARDON.
I Understand, that at the silence of my pen since my close imprisonment many have wondered, & some even amongst you (though tacitely) been ready to draw my integrity into suspicion, but could such as wel unfold the riddle of my silence, as in other things, judge of what is visible and obvious to the eye, their thoughts sure would be far from such jealous surmises of me, neither would they (I suppose) so much as tax me of imprudence or negligence in the matter, though my silence indeed had been as deep as is suspected, and let it be so taken for granted, and also taken in the worst sence, I care not much how I am judged; yet I must needs confess, it is no pleasure unto me, to be misjudged, or condemned before my time, when my deeds are apostate or contradictory to what I have begun in behalf of the publick, then is the time of my condemnation, and before that my patient endurance in bonds (one would think) were a guard sufficient against misconceptions in that kind, especially with my friends.
But knowing, that even the suspicion of any one of us four; yea, though in the unworthyest, My Selfe, is an arrow of so pearcing a kind, that it even woundeth through the sides of that person-the righteous cause of the people which never more needed indulgence, watchfulness, and help then now, it being (by perfidious usurpers and hypocrites, now clothed as Angels of light with the radiant beames of Majesty and Saintship, that no English mortal is able to peep into their glory and live) become like the man that travelled from Jerusalem to Jerico, and fell among thiefs, stript of his raiment (an Agreement of the people, and its faithful Asserters) wounded and beaten, deserted and left half (if not altogether) dead, spurned, trampled and trod under foot, and the Priest and the Levite, and (which is most to my grief and confusion of face) my very brethren the Church-men pass by on the other side, yea, and which is worse, are not ashamed with their invenomed invectives, lyes, calumnies, and bitter persecutions, (and yet all forsooth in the name of God, of Jesus Christ, of Reliligion and the like) to stab and wound it afresh; having forked stings like Serpents to sting every hand that toucheth, swoln with venome like Toads to spit at every person that owneth, and like Vipers ready at all times to fasten on every man that shall dare to be an asserter thereof; that now none so persecute as they, enough to affright me from Church-ship, to renounce and abominate it for ever; did not I know its institution to be holy and good, and the wayes of those men no natural product or fruit of Church constitutions.
I tell you (my dearest friends, and fellow asserters of the publick cause) knowing how circumspect, tender & careful we ought to be; now especially to shew our affections, our truth and fidelity to our persecuted wounded, forsaken, and almost murthered cause, when none there is scarce that dare own it or indulge it in publike, and to approve our selves like the good Samaritan indeed to binde up its wounds, to poure in our wine and oyle, and have a care of it; I shall therefore (least your jelousie over me should take too deep an impression upon your spirits, and so work an in confidence in you, in any future asserters of our cause, to the extreme dammage and prejudice of the cause it self) unbosome the present disposition of my heart and resolutions concerning the same, although to give you the particular reasons for the late obscurity or silence of my pen, at present I judge not convenient.
My Friends, of this therefore be yee confident, that my silence hath not proceeded from any degeneration or instability in me to that Righteous Cause (summ’d up in our draught of an Agreement of the people, subscribed, published and offered by us four as a peace offering, to the consideration of the people of England, 1. May. 1649,) that Paper, (or rather the contents or premises thereof) is the price, glory and end of my endurance, neither life, liberty on reparation, or any thing that man or earth affords is valuable with me in comparison thereof, that is my all in all; I desire neither life liberty, or reparation (seeing God hath called me to the work) but as may stand in subordination to that Agreement; while I have life or breath it shall never want a true asserter to uphold and promote the same to the utmost of my power, let the hazard and danger to my self be what it will.
Although I have sat thus long in the shadow of silence, yet let not my friends suspect me, nor mine enemies vaunt over me, for though my person is their captive, yet have I so much spirit and fidelity left, to scorn their tyrannyes, and dare them to their teethes to do their worst; let them finde Gallowes, Gybbets, Prisons, Halters, &c. Ile finde carcass to encounter, till I have encountered out my life, I fear none of their Treason traps, I scorne and defy them; for that Agreement I will have, or else Ile dye at their feet; Ile have no accord or peace with them at all till they have yeelded that: whether at liberty or in prison, it is all one to me.
It is neither my own life, liberty, nor reparation that I stand for, as the proper end of my Engagement; I have set my hand to the plow, and that paper hath proclaim’d it, and bears testimony thereof, and shall I look back for my own advantage, God forbid; rather let me die, then live the life of Den (that accursed English Judas;) The bread of Apostacy, Lord, never let it enter into my lips; to drink the blood, and eat the flesh of my Countries Cause; yea, of the children that are yet unborn, as that Viper, that wretched Traytor hath done, or be clothed with the garments of such abhorred abhomination; farre, farre be it from me and mine, rather let us be cloathed in Rags, and let me linger out my dayes, fettered and mannacl’d in some of their noysome murdering Dungeons to bear testimony against them, for that Righteous Agreement: God hath given me the heart, and fild it with power and patience for the work; life, liberty and reparations, that golden ball and bait of Apostacy shall not satisfie me, it is not for such flattering pictures, that I am at variance with them, although my condition might invite me to such worldly acceptances; no, I first set my hand to the work out of integrity and simplicity of heart, without all selfe or by-ends, God is my record, and I trust, he that began that good work in me, will bear me out in it, to the end; and that is my earnest and hearty prayer.
Therefore, my friends, be not you fearfull or jealous of my integrity, I wish none of your heads may ake till I turn apostate, sure I shall first turn into the dust: and for the truth of this my professed integrity, I referre you for proofe to my future actings, if they therewith commensurate, let me be justified, if not condemned, by the fruit let the tree be judged: other judgings I need not much vallew, for such judgments ever betray an evill spirit in the Judgers.
But now my dear friends, you especially, which have provoked me thus at this time, to unbosome the secret resolves of my heart, (who perhaps by some, not duly weighing the occasion and necessity, may be ascribed to vain glory and arrogance) you I desire, to rub up your wits, consider and tell me, whether instead of those jealous surmises of me, your time had not better been spent in considering some way wherein you might equally discharge your duties with us, that are so close immured in the Tower; think you, that we are able to remove mountaines; we are but men, and no more but four men: Imagine you, that there are no more hands required to the work, or that it is possible for us to doe all the drudgery, and perfect the same, while you stretch your selves upon your beds and take your ease, leaving all at sixes and sevens, and the cause to sink or swim, to stand or fall, if we look not after to beare it up: My friends, the Cause is as much yours as ours, and your duties with ours are of equall extent; but how comes your practice so short, so dull, and remisse; upon all occasions you expect vigerous actings from us, while you look over your selves: I cannot see, but that a Prison, the Gallows, or halter would become the best of you as well as any of us, to vindicate or assert that Agreement of the people.
But you spit in our mouthes, and clap us on the backs like Dogs, and cry, ha-looe a-looe, and turn us loose upon all the Bulls, Bears. Wolves, Lyons and Dragons of the times, which are thousands to one, (I confesse I love the sport) while you shrink, and skulk into you holes: Come out for shame, come out, and catch me the great Bull of Bason by the NOSE, and make him roar.
Whu———all my brave Levelling Bull dogs and Bear Dogs, where are you? Siz———; ha—looe—ha—looe—all fly at him at once: There at him, at him; O brave Jockey with the Sea-green ribbond in his eare! that Dog and his fellow for fourty shillings a Dog: Hold, hold, he hath caught him by the Gennitals, stave him off, give the Bull fair play.—A pox—they have burnt my Dogs mouth.
Ha—looe,—ha—looe———all at him againe, and bate him out of England into Ireland, and there the brave Royall Bandogs will tug him and tear him to some purpose: But stay, first let me clap this nettle under his Tayle, and tell him, wee’l never leave biting and bating, if all the lusty levelling Masties in England will do it, till we have worryed, or broke the Buls neck, or else gain’d our Agreement.
Martin can sing no other tune since he was cag’d up in the Tower, but The Agreement of the People, The Agreement of the People; and is resolv’d to sing no other note but that: all his airy Canto’s, and sweet roundelayes must all be to the good English tune, of The Agreement of the people.
But (my friends) to return. Be not yee luld asleep with none of their blandishments: They now talke much indeed of Reparations for Colonel Martins great losses, of our Liberties, of Mr Lilburns and Mr Princes money, and of such like rattles and toyes, but you may remember their old tricks and delusions and understand the mysterie of those guilded motions; when at the generall risings in Essex, Kent, invasion of the Scots &c. they wanted help, O how honest would they be to the just interest of the people! when the House was to bee broken in pieces, then no way but we must have an Agreement of the People*; when the King was to come to the Block, and a bloody High Court of injustice, and a Councell of State erected, then what a white Boy was Colonel Martin? A Regiment of horse was voted for him by the House, to keep the pertty Baby at play with that fine tan-ta-ra-rarah tan tarra, while their work was over: when our friends were up about Burford, then a Committee must be appointed to consider of Elections for a New Representative in all haste. And now think you, what is at the bottom of their new smiling Aspects towards us? quiequid id est, ti meo Danaos & Dona terrentes: Ile trust them no further then I can sling their great Bull of Bason by the taile; their smiles are but on purpose to slay. The Prince, the Scots and Irish have prepared them more fish then they are well able to fry, that they are so forward to fetch a col. from our Altar to augment their fire.
Therefore while it is day consider what you have to do, strike now if you mean to speed, up with your Agreement of the People again, and beleeve nothing that they say or do, till you be real possessors thereof, and a new free Representative in being: and then let them do their worst, wee’l make them honest in despight of their teeths, and till then, and not before can I reckon of my reall deliverance from these bonds. Come, who strikes the first stroke? what says old Mother Harry? reach him there an Agreement of the People, it will become him better then his reparations in consideration. And where’s my little Gray of Grooby, what’s he in a Mousehole? and my old fellow Rebell Iohnee Wildman Mount Atlas stand on tiptoes where art thee? and behold a mighty stone fell from the skies into the bottome of the Sea, and gave a mighty plump, and great was the fall of that stone, and so farewell Iohnee Wildman. VVhat my Sea-green gallants, where are you all, what neither hot nor cold, neither fish nor flesh nor good Red-herring? Is your spirits sunk into your heels, or your wits into the napes of your necks? rouse up for shame and shew your selves in your kind, or else out amongst you flyes the little whisking mischievous bird, Primate and Metropolitan of all the Swallows and Martins in England; and then look to your selves.
But now to make up the jest, an Act of Grace forsooth is cast into the forge, under which they are pleased to report, that the four arch-Levelling Rebels in the Tower shall be comprised: Smile O Heavens, and clap thy hands O earth, ha, ha, ha. And must all our sins and trespasses be forgiven us now? but first what is our trespasse? The Agreement of the People! Sure there is great need of forgivenesse of so high an offence, if it be considered, who they are that therewith can be offended; indeed vice is a vertue, and only vertue a vice with hells Cabinet Juncto, and so comes to passe the trick of forgivenesse for us: but tell them (my friends) that little brisk Levelling Dick in the Tower hath not his integrity yet (as merry as is his worship) at so low an esteem, to desire his Liberty upon so dishonorable and base an accompt: what have I set my hand to the glorious cause of the free people of England, and engaged my carcasse in the controversie, and shall I now hang down mine head like a Bulrush and yeeld up my self for a little dirty liberty, to be turn’d out as an Evil doer to the everlasting dishonour of my cause: no, Ile dye first.
Therefore know all men by these presents, that I Richard Overton, now close prisoner in the Tower of London, out of a tender regard that I have to the Libertyes of my Country, and credit of that honorable cause, do hereby defy, renounce, abhor, detest and scorne that Act of Pardon as to my Liberty thereby, and do rather chuse continuance and encrease of Bonds, then condtionall submission or assent thereunto in the least: And hitherto as I have scorned any clandestine or open complyance with them for any selfish end whatsoever, so let this (my friends) be a witnesse betwixt you and me, and to the whole world, that I am so far from submission to their corrupt and wicked interest, that I will first eat the flesh off from my bones; first rot and perish in Goal, before I will so far bow to them, as in the least to woo them or any of their creatures, either directly or indirectly in person or by proxie for my liberty: my cause is not so bad, but with patience I can suffer till I be justly delivered without blemish or speck of infamy to the same; the honour of it, I honour above my life or liberty.
Now were I already upon the dishonourable terms of that act thrust out, it were a thousand to one, I should not keep a month out of Prison: To what end therefore should I trouble my head about my liberty, till I can be at peace, and rest when I am abroad, for without the Agreement or sufficient security for the same, I can have none. I am more at content where I am, then to be with you upon unequal terms.
Thus my truly dear, and worthy friends, I hope as concerning my integrity and constant faithfulness to what I have undertaken in behalf of the publick; I have given you clear and ful satisfaction, to the utter removal I suppose of those late jealous incoms a-amongst you: And so with my intire love and respects unto you all, with inward joy, comfort and gladness of heart in bonds for my Countrys sake, rejoycing, I rest.
people faithful to the death.
in the Tower of London,
T.203 (6.20) William Prynne, A Legall Vindication Of the Liberties of England (16 July 1649).↩
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Bibliographical Information
ID NumberT.203 [1649.07.16] (6.20) William Prynne, A Legall Vindication Of the Liberties of England (16 July 1649).
Full titleWilliam Prynne, A Legall Vindication Of the Liberties of England, against Illegall Taxes And pretended Acts of Parliament Lately enforced on the People: Or, Reasons assigned by William Prynne of Swainswick in the County of Sommerset, Esquire, why he can neither in Conscience, Law, nor Prudence submit to the New illegall Tax or Contribution of Ninety Thousand pounds the Month; Lately imposed on the Kingdom, by a pretended Act of some Commons in (or rather out of) Parliament.
Esay 1. 7. He looked for Judgment, but behold Oppression; for Righteousness, but behold a Cry.
Psal. 12. 5. For the Oppression of the poor, for the Sighing of the needy; now will I arise (saith the Lord) and will set him in safety from him that would ensnare him.
Exod. 6. 5, 6. I have also heard the groaning of the children of Israel, whom the Ægyptians keep in bondage; and I have remembred my Covenant. Wherefore say unto the children of Israel, I am the Lord, and I will bring you out from under the Burdens of the Ægyptians; and I will rid you out of their Bondage: and I will redeem you with a stretched out arm, and with great Judgments.
Eccles. 4. 1, 2. So I returned and considered all the Oppressions that are done under the Sun, and beheld the tears of such as were oppressed, and they had no Comforter; and in the hand of their Oppressors there was power, but they had no Comforter: Wherfore I praised the dead which are already dead, more then the living which are yet alive.
London, Printed for Robert Hodges, and are to be sold by him. 1649.
Estimated date of publication16 July 1649.
Thomason Tracts Catalog informationTT1, p. 757; Thomason E. 565. (3.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
REASONS Assigned
BEing on the 7th of this instant June 1649 informed by the Assessors of the Parish of Swainswick, that I was assessed at 2 l. 5 s. for three months Contribution, by vertue of a (pretended) Act of the Commers assembled in Parliament, bearing date the seventh of April last, assessing the Kingdom at ninty thousand pounds monthly, beginning from the 25 of March last, and continuing for six months next ensuing, towards the maintenance of the Forces to be continued in England and Ireland, and the paying of such as are thought fit to be disbanded, that so Free-quarter may be taken off; whereof 3075 l. 17 s. 1 d. ob. is monthly imposed on the County, and 2 l. 5 s. 3 d. on the small poor Parish where I live; and being since, on the fifteenth of June required to pay in 2 l. 5 s. for my proportion: I returned the Collector this Answer, That I could neither in Conscience, Law nor Prudence in the least measure submit to the voluntary payment of this illegall Tax, and unreasonable Contribution, (after all my unrepaired losses and sufferings for the publik Libertie) amounting to six times more then Ship-Money, (the times considered) or any other illegall Tax of the late beheaded King, so much declaimed against in our three last Parliaments, by some of those who imposed this. And that I would rather submit to the painfullest death and severest punishment the Imposers or Exactors of it could inflict upon me by their arbitrary power (for legall they had none) then voluntarily pay, or not oppose it in my place and calling to the uttermost, upon the same, if not better reasons, as I oppugned(a) Ship-money, Knight-hood, and other unlawfull Impositions of the late King and his Councill heretofore. And that they and all the world might bear witnesse, I did it not from meer obstinacy or fullennesse; but out of solid reall grounds of Conscience, Law, Prudence, and publick affection to the weal and liberty of my native Country (now in danger of being enslaved under a new vassallage, more grievous then the worst it ever yet sustained under the late, or any other of our worst Kings) I promised to draw up the Reasons of this my refusall in writing, and to publish them, so soon as possible, to the Kingdom for my own Vindication, and the better information and satisfaction of all such as are any wayes concerned in the imposing, collecting, levying or paying of this strange kinde of Contribution. In pursuance whereof, I immediatly penned these ensuing Reasons; which I humbly submit to the impartiall Censure of all conscientious and judicious Englishmen; desiring either their ingenuous Refutation, if erroneous; or candid Approbation, if substantiall and irrefragable, as my conscience and judgement perswade me they are, and that they will appear so to all impartial Perusers, after full examination.
First, By the fundamental Laws, and known Statutes of this Realm, No Tax, Tallage, Ayd, Imposition, Contribution, Loan or Assessement whatsoever, may or ought to be opposed or levied on the free men and people of this Realm of England, but by the WILL and COMMON ASSENT of the EARLS, BARONS, Knights, Burgesses, Commons, and WHOLE REALM in a free and full PARLIAMENT, by ACT OF PARLIAMENT: All Taxes, &c. not so imposed, levied (though for the common defence and profit of the Realm) being unjust, oppressive, inconsistent with the Liberty and Property of the Subject, Laws and Statutes of the Realm; as is undenyably evident by the expresse Statutes of Magna Charta, cap. 29, 30. 25. E. 1. c. 5. 6. 34. E. 1. De Tallagio non concedendo, cap. 1. 21. E. 3. Rot. Parl. n. 16. 25. E. 3. c. 8. 36. E. 3. Rot. Parl. n. 26. 45. E. 3. Rot. Parl. n. 42. 11. H. 4. Rot. Parl. n. 10. 1. R. 3. c. 2. The Petition of Right, and Resolutions of both Houses against Loans, 3 Caroli: The Votes and Acts against Ship-money, Knighthood, Tonnage and Poundage, and the Star-chamber this last Parliament, 17. & 18. Caroli. And fully argued and demonstrated by Mr. William Hackwell in his Argument against Impositions; Judg Hutton and Judg Crook in their Arguments, and Mr. St. John in his Argument and Speech against Ship-money, with other Arguments and Discourses of that subject: Sir Edward Cook in his 2 Instit. (published by Order of the Commons House) pag 59. 60. &c 527. 528. 529. 532. 533 &c. with sundry other Records and law-books cited by those great Rabbis of the Law, and Patriots of the Peoples Liberties. But the present Tax of Ninety Thousand pounds a Month, now exacted of me, was not thus imposed. Therefore it ought not to be demanded of nor levied on me; and I ought in conscience, law and prudence to withstand it as unjust, oppressive, inconsistent with the Liberty and Property of the Subject, Laws and Statutes of the Realm.
To make good the Assumption, which is only questionable.
First, This Tax was not imposed in, but out of Parliament, the late Parliament being actually dissolved above two months before this pretended Act by these Tax-imposers taking away the King by a violent death, as is expresly resolved by the Parliament of 1 H. 4. Rot. Parl. n. 1. by the Parliament of 14 H. 4. and 1 H. 5. Rot. Parliam. n. 26. Cook 4 Institutes p. 46. and 4. E. 4 44. b. For the King being both the Head, beginning, end and foundation of the Parliament (as Modus tenendi Parliamentum: and Sir Edward Cooks 4. Instit. p. 3. resolve) which was summoned and constituted only by his writ now(b) actually abated by his death: and the Parliament (as it is evident by the clauses of the severall Writs of Summons to(c) the Lords, and for the election of Knights and Burgesses, and levying of their wages) being onely PARLIAMENTUM NOSTRUM, the Kings Parliament that is dead not his Heirs and Successors; and the Lords and Commons being all summoned and authorized by it to come to HIS PARLIAMENT, there to be present, and conferre with HIM (NOBISCUM, not His Heirs and Successors) of the weighty urgent affaires that concerned (NOS) HIM and HIS KINGDOME of England; and the Knights and Burgesses receiving their wages for, Nuper ad NOS ad PARLIAMENTUM NOSTRUM veniendo, &c. quod sommoneri FECIMUS, ad tractandum ibidem super diversis & arduis Negotiis NOS & Statum REGNI NOSTRI tangentibus, as the tenor of the(d) Writs for their wages determines. The King being dead, and his Writ and Authority by which they are summoned, with the ends for which they were called (to confer with HIM, about HIS, and HIS KINGDOMS affairs, &c. being thereby absolutely determined, without any hopes of revivall; the Parliament it self must thereupon absolutely be determined likewise (especially to those who have dis-inherited HIS HEIRS and SUCCESSORS, and voted down our Monarchy it self) and these with all other Members of Parliament, cease to be any longer Members of it, being made such only by the Kings abated Writ; even as all Judges, Justices of peace, and Sheriff-made only by the Kings Writ or Commission, not by Letters Patents, cease to be Judges, Justices, and Sheriffs by the Kings death, for this very reason, because they are constituted Justiciarios & Vicecomites NOSTROS ad Pacem NOSTRAM, &c. custodiendam; and he being dead, and his Writs and Commissions expired by his death, they can be his Judges, Justices, and Sheriffs no longer to preserve HIS Peace, &c. (no more then a wife can be her deceased Husbands Wife, and bound to his obedience, from which she was loosed by his death, Rom. 7. 2, 3.) And his Heirs and Successors they cannot be, unlesse he please to make them so by his new Writs or Commissions, as all our(e) Law-books and Judges have frequently resolved upon this very reason, which equally extends to Members of Parliament, as to Judges, Justices and Sheriffs, as is agreed in 4 E. 4. 43, 44, and Brooke, Office and Officer, 25. Therefore this Tax being clearly imposed not in, but out of, and after the Parliament ended by the Kings decapitation, and that by such who were then no lawfull Knights, Citizens, Burgesses or Members of Parliament, but onely private men, their Parliamentary Authority expiring with the King, it must needs be illegall, and contrary to all the fore-cited Statutes; as the Convocations and Clergies Tax and Benevolence granted after the Parliament dissolved in the year 1640. was resolved to be by both Houses of Parliament, and those adjudged high Delinquents who had any hand in promoting it.
2. Admit the late Parliament still in being, yet the House of Peers, Earls and Barons of the Realm were no ways privie nor consenting to this Tax, imposed without, yea, against their consents in direct affront of their most ancient undubitable Parliamentary Right and priviledges, (these Tax-masters having presumed to vote down and null their very House, by their new encroached transcendent power) as appears by the title and body of this pretended Act, entituled by them, An Act of THE COMMONS assembled in Parliament: Whereas the House of Commons alone, though full and free, have no more lawfull Authority to impose any Tax upon the people, or make any Act of Parliament or binding Law without the Kings or Lords concurrence, then the man in the Moon, or the Convocation, Anno 1640. after the Parliament dissolved (as is evident by the express words of the fore-cited Acts, the Petition of Right it self; Acts, for the Trienniall Parliament; and against the proroguing or dissolving this Parliament, 17. Caroli: with all our printed Statutes,(f) Parliament-Rolls, and(g) Law-Books:) they neither having nor challenging the sole Legislative power in any sence and being not so much as summoned to, nor constituting members of our(h) ancient Parliaments, (which consisted of the King and Spirituall and Temporall Lords, without any Knights, (Citizens or Burgesses, as all our Histories and Records attest) till [Editor: illegible] H. 3. at soonest; they having not so much as a Speaker or Commons House, til after the beginning of King Ed. the third’s reign, and seldom or never presuming to make or tender any Bills or Acts to the King or Lords, but Petitions only for them to redress their grievances and enact new Laws, til long after Rich. the seconds time, as our Parliament Rols, and the printed prologues to the Statutes of 1. 4. 5. 9. 10. 20, 23, 36. 37. and 50. Ed. 4. 1 Rich. 2. 1. 2. 4. 5. 7. 9. 11. 13. Hen. 4. 1. 2. 3. 4. 8. 9. Hen. 3. 1. 2. 3. 4. 6. 8. 9. 10. 11. 14. 15. 29. 28. 29. 39. Hen. 6. 1. 4. 7. 8. 12. 17. 22 Ed. 4. and 1 Rich. 3. evidence (which run all in this form, At the Parliament holder, &c. by THE ADVICE and ASSENT OF THE LORDS SPIRITUALL and TEMPORALL and at THE SPECIALL INSTANCE and REQUEST OF THE COMMONS OF THE REALM, (BY THEIR PETITIONS put in the said Parliament, as some prologues have it.) Our Lord the King hath caused to be ordained, or ordained CERTAIN STATUTES, &c.) where the advising and assenting to Lawes is appropriated to the Lords; the ordaining of them to the King; and nothing but the requesting of, and petitioning for them to the Commons, both from King and Lords in whom the Legislative power principally, if not solely resided; as is manifest by the printed Prologue to the Statute of Merton. 20. Hen. 3. The Statute of Mortemain 7 Ed. 1. 31. Ed. 1. De Asportatis Religiosorum, the Statute of Sheriffs, 9. E. 2. and of the Templers, 17 E. 2. to cite no more. Therefore this Tax imposed by the Commons alone without King or Lords, must needs be void, illegall, and no ways obligatory to the subjects.
3. Admit the whole House of Commons in a full and free Parliament had power to impose a Tax, and make an Act of Parliament for levying it without King or Lords; (which they never did, nor pretended to in any age) yet this Act and Tax can be no ways obliging, because not made and imposed by a full and free House of Commons, but by an empty House, packed, swayed, overawed by the chief Officers of the Army, who have presumed by meer force and armed power, against law and without president, to seclude the major part of the House (at least 8 parts of 10) who by law and custom are the House it self, from sitting or Voting with them, contrary to the Freedom and priviledges of Parliament; readmitting none but upon their own terms. An usurpation not to be paraleld in any age, destructive to the very being of Parliaments;(i) Where all Members ex debito Justiciæ, should with equal Freedom meet and speak their minds: injurious to all those Counties, Cities, Boroughs, whose Knights, Citizens and Burgesses are secluded, and to the whole Kingdom; yea, contrary to all rules of reason, justice, policy, conscience, and their own Agreement of the people, which inhibit the far lesser part of any Councel, Court, or Committee, to oversway, seclude or fore-judg the major number of their Assessors and fellow-members, over whom they can no ways pretend the least jurisdiction, it being the highway to usher Tyranny and confusion into all Councels & Realms, to their utter dissolution, since the King alone without Lords and Commons, or the Lords alone without King or Commons, may by this new device make themselves an absolute Parliament to impose Taxes and enact Laws without the Commons, or any other forty or fifty Commoners meeting together without their companions do the like, as well as this remnant of the Commons make themselves a compleat Parliament without King, Lords, or their fellow-Members, if they can but now or hereafter raise an Army to back them in it, as the Army doth those now sitting.
4. Suppose this Tax should binde these Counties, Cities, and Burroughs, whose Knights, Citizens and Burgesses fate and consented to it when imposed, (though I dare swear imposed against the minds and wils of all or most of those they represent; (who by thek Armies new Doctrine, may justly question and revoke their authority for this high breach of Trust; the rather, because the Knights and Burgesses assembled in the first Parliament of 13. E. 3. Rot. Parl. n 8. Did all refuse to grant a great extraordinary Subsidie then demanded of them (though not comparable to this) for the necessary defence of the Kingdom against foraign Enemies, till they had conferred with the Counties and Burroughs for which they served, and gained their assents:) Yet there is no shadow of Reason, Law or Equity, it should oblige any of the secluded Members themselves, whereof I am one; or those Counties, Cities or Burroughs, whose Knights, Citizens and Burgesses have been secluded or scared thence by the Armies violence, or setling Members illegall Votes for their seclusion; who absolutely disavow this Tax and Act as un-parliamentary, illegall, and never assented to by them in the least degree; since the onely(l) reason in Law, or equity, why Taxes or Acts of Parliament oblige any Member, County, Burrough or Subject, is, because they are parties, and consenting thereunto either in proper person; or by their chosen Representatives in Parliament; it being a received Maxime in all Laws, Quod tangit omnes, ab omnibus debet approbari. Upon which reason it is judged in ourm Law-books, That By-Laws oblige onely those who are parties, and consent unto them, but not strangers, or such who assented not thereto. And (whiich comes fully to the present case) in 7. H. 6. 35. 8. H. 6. 34. Brook Ancient Demesne 20. & Parl. 17. 101. It is resolved, That ancient Demesne is a good plea in a Writ of Waste upon the Statutes of Waste, because those in ancient Demesne were not parties to the making of them, FOR THAT THEY HAD NO KNIGHTS NOR BURGESSES IN PARLIAMENT, nor contributed to their expences. And Judge Brook Parliament 101. hath this observable Note, It is most frequently found, that Wales and County Palatines, WHICH CAME NOT TO THE PARLIAMENT (in former times, which now they do) SHALL NOT BE BOUND BY THE PARLIAMENT OF ENGLAND: for ancient Demesne is a good Plea in an action of Waste, and yet ancient Demesne is not excepted: and it is enacted, 2. Ed. 6. cap. 28. That Fines and Proclamation shall be in Chester, for that the former Statutes did not extend to it: And it is enacted, That a Fine and Proclamation shall be in Lancaster. 15. & 6. Ed. & c. 26. And [Editor: illegible word] by a Proclamation upon an exigent is given by the Statute in Chester and Wales, 1 E. 6. c. 20. And by another Act to Lancaster, 5. & 6. E. 6. c. 26. And the Statutes of Justices of Peace extended not to Wales and the County Palatine; and therefore an Act was made for Wales and Chester, 27. H. 8. c. 5. who had Knights and Burgesses appointed by that Parliament for that and future Parliaments by Act of Parliament, 27. Hen. 8. cap. 26. since which they have continued their wages being to be levied by the Statute of 35. H. 8. c. 11. Now, if Acts of Parliament bound not Wales and Counties Palatines, which had anciently no Knights nor Burgesses in Parliament to represent them, because they neither personally nor representatively were parties and consenters to them; much leste then can or ought this heavie Tax, and illegall Act to binde those Knights, Citizens and Burgesses, or those Counties, Cities and Burroughs they represented, who were forcibly secluded, or driven away from the Parliament by the confederacy, practice, or connivance at least, of those now sitting, who imposed this Tax, and passed this strange Act; especially, being for the support and continuance of those Officers, and that Army who traiterously seised and secluded them from the House, and yet detain some of them prisoners; against all Law and Justice. The rather, because they are the far major part (above six times as many as those that sate and shut them out) and would no wayes have consented to this illegall Tax, or undue manner of imposing it, without the Lords concurrence, had they been present. And, I my self, being both an unjustly imprisonsd and secluded Member, and neither of the Knights of the County of Somerset, where I live, present or consenting to this Tax or Act, one or both of them being forced thence by the Army, I conceive neither my self, nor the County where I live, nor the Borough for which I served, in the least measure bound by this Act or Tax, but cleerly exempted from them, and obliged with all our might and power effectually to oppose them.
Object.If any here object, That by the custom of Parliament forty Members onely are sufficient to make a Commons House of Parliament and there were at least so many present when this Tax was imposed: Therefore it is valid and obligatory both to the secluded absent Members and the Kingdom.
Answ.I answer, First, That though regularly it be true, that forty Members are sufficient to make a Commons House to begin prayers, and businesses of lesser moment in the beginning of the day, till the other Members come, and the House be full; yet 40 were never in any Parliament reputed a competent number to grant Subsidies, passe, or read Bills, or debate or conclude matters of greatest moment; which by the constant Rules & usage of Parliament, were never debated, concluded, passed, but in a free and full House, when all or most of the Members were present, as the Parliament Rolls, Journals, Modus tenendi Parliamentum, Sir Edward Cooks 4 Instituts, p. 1. 2. 26. 35. 36. Cromptons Jurisdiction of Courts, f. 1 & c. 39 E. 37. Brook Parliament, 27. 1. Jac. c. 1. and the many Records I have cited to this purpose in my Levellers levelled, my Plea for the Lords, and Memento, p. 10. abundantly prove beyond contradiction; for which cause the Members ought to be fined, and lose their wages, if absent without special Licence, as Modus tenendi Parliamentum, 5 R. 2. Par. 2. c. 4. 9. H. 8. c. 16. and A Collection of all Orders, &c. of the late Parliament, pa. 294. 357. with their frequent summoning and fining absent Members, evidence.
Secondly, Though forty Members onely may peradventure make an House in cases of absolute necessity, when the rest through sicknes, & publick or private occasions, are voluntarily or negligently absent; and might freely repair thither to sit or give their Votes if they pleased: yet forty Members never yet made a Commons House by custome of Parliament (there being never any such case til now) when the rest (being above four hundred) were forcibly secluded, or driven thence by an army, through the practice or connivance of those forty sitting, of purpose that they should not over nor counter-vote them; much lesse an House to sequester or expell the other Members, or impose any Tax upon them. Till they shew me such a law, custom or President of Parliament not to be found in any age) all they pretend is nothing to purpose, or the present case.
Thirdly, Neither forty Members, not a whole House of Commons were ever enough in any age, by the Custome of Parliament, or Law of England, or impose a Tax, or make any Act of Parliament, without the King and Lords, as I have(n) already proved; much lesse after they ceased to be Members by the Parliaments dissolution through the Kings beheading; Neither were they ever invested with any legall power to seclude or expel any of their felow Members (especially, if duly elected) for any Vote wherein the Majority of the House concurred with them, or differing in their consciences and judgements from them; nor for any other cause, without the Kings and Lords concurrence (in whom the ordinary judiciall power of the Parliament resides) as I have undeniably proved by presidents and reasons in my Plea for the Lords, p. 47. to 53. and Ardua Regni, which is further evident by Claus. Dors. 7. R. 2. M. 32 & Mr. Seldens Titles of Honor. p. 737. Banneret Camoys Case, discharged from being knight of the Shire by the Kings Writ and judgment alone, without the Commons vote, because a Peer of the Realm; the practice of sequestring and expelling Commons by their fellow-Commons only, being a late dangerous, unparliamentary usurpation (unknown to our Ancestors) destructive to the priviledges and freedom of Parliaments, and injurious to those Counties, Cities, Boroughs, whose Trustees are secluded; the House of Commons it self being no Court of Justice to give either an Oath or finall Sentence, and having no more Authority to dismember their fellow-Members, then any Judges. Justices of peace, or Committees have to disjudg, disjustice, or discommittee their fellow-Judges, Justices, or Committeemen, being all of equall authority, and made Members only by the Kings Writ and peoples Election, not by the Houses, or other Members Votes; who yet now presume both to make and unmake, seclude and recal, expel and restore their fellow-Members at their pleasure, contrary to the practice and resolution of former ages, to patch up a factious Conventicle, instead of an English Parliament. Therefore this Objection no wayes invalids this first Reason; why I neither can nor dare submit to this illegal Tax in conscience, law, or prudence, which engage me to oppose it in all these Respects.
If any object, That true it is, the parliament by the common Law and Custome of the Realm determines by the Kings death; but by the Statute of 17 Caroli, which enacts, That this present Parliament now assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose; continues this Parliament still in being, notwithstanding the Kings beheading, since no Act of Parliament is passed for its Dissolution. The only pretext for to support the continuance of the Parliament since the Kings violent death.
Answ.To this I answer, That it is a Maxime in Law, That every Statute ought to be expounded according to the intent of those that made it, and the mischiefs it intended onely to prevent, as is resolved in 4. Edw. 4. 12. 12. Edw. 4. 18. 1. H. 7. 12. 13. Plowd. Com. fol. 369. and Cooks 4. Instit. p. 329, 330. Now the intent of the Makers of this Act, and the end of enacting it, was not to prevent the dissolution of this Parliament by the Kings death (no ways intimated or insinuated in any clause thereof, being a cleer unavoydable dissolution of it to all intents not provided for by this Law,) but by any Writ or proclamation of the King, by his Regal power, without consent of both Houses; which I shall manifest by these ensuing reasons.
First, From the principal occasion of making this Act. The King (as the Commons in their* Remonstrance of the state of the Kingdom, 15 Decemb. 1642, complain) had dissolved all former Parliaments during his Reign without and against both Houses approbation, to their great discontent and the Kingdoms prejudice, as his Father King James had dissolved others in his Reign: and during their continuance adjourned and prorogued them at their pleasure. Now the fear of preventing of the like dissolution, prorogation, or adjournment of this Parliament after the Scotish Armies disbanding, before the things mentioned in the Preamble were effected by the Kings absolute power, was the only ground & occasion of this Law (not any fear or thoughts of its dissolution by the King untimely death) then not so much as imagined, being before the Warrs or Irish Rebellion brake forth) the King very healthy, not ancient, and likely then to survive this Parliament, and many others, in both Houses judgment, as appears by the Bill for trienniall Parliaments. This undeniable Truth is expresly declared by the Commons themselves in their foresaid Romonstrance; Exact Collection p. 5. 6. 14. 17. compared together; where in direct terms they affirm, The ABBRUPT DISSOLUTION OF THIS PARLIAMENT is prevented by another Bil, by which it is provided it shall not be dissolved or adjourned without the consent of both Houses: In the Bill for continuance of this present Parliament, there seems TO BE SOME RESTRAINT OF THE ROYAL POWER IN DISSOLVING OF PARLIAMENTS; NOT TO TAKE IT OUT OF THE CROWN, BUT TO SUSPEND THE EXECUTION OF IT FOR THIS TIME and OCCASION ONLY; which was so necessary for THE KINGS OWN SECURITY, and the publick Peace, that without it we could not have undertaken any of these great charges, but must have left both the Armies to disorder and confusion, and the whole Kingdom to blood and rapine.
In which passages we have a clear resolution of the Commons themselves, immediately after the passing of this Act; that the scope and intention of it was only to provide against the Kings abrupt dissolution of the Parliament by the meer royall power in suspending the execution of it for this time and occasion only; and that for the Kings own security, (not his Heirs and Successors) as well as his peoples peace and safety. Therefore not against any dissolutions of it by his natural (much lesse his violent) death; which can no ways be interpreted, an Act of his Royall power, which they intended hereby, not to take out of the Crown, but only to suspend the execution of it for this time and occasion, and that for his security: but a naturall impotency, or unnaturall disloyalty, which not only suspends the execution of the Kings power for a time, but utterly destroies and takes away him and it without hopes of revival for ever.
Secondly, the very title of this Act (An Act to prevent Inconveniences which may happen by the UNTIMELY adjourning, proroguing or DISSOLUTION of the present Parliament) intimates as much, compared with the body of it, which provides, as wel against the adjourning and proroguing of both or either Houses without an Act of Parliament, as against the dissolution of the Parliament without an Act. Now the Parliament cannot possibly be said to be adjourned or prorogued in any way or sence, much less untimely, by the Kings death, (which never adjourned or prorogued any Parliament,) but only by his Proclamation, writ, or royal command, to the Houses or their Speaker, executed during his life; as all our Journals,(‖) Parliament Rolls and(*) Law-Books resolve, though it may be dissolved by his death, as wel as by his Proclamation, writ, or royal command. And therefore this title and act coupling adjourning, proroguing and dissolving this Parliament together without consent of both Houses, by act of Parliament, intended only a dissolution of this Parliament by such Prerogative wayes and meanes by which Parliaments had formerly been untunely adjourned and prorogued as well as dissolved by the Kings meer will without their assents; not of a dissolution of it by the Kings death which never adjourned nor prorogued any Parliament, nor dissolved any formerly sitting Parliament in this Kings reign, or his Ancestors since the death of King Henry the 4th; the only Parliament we read of dissolved by death of the King since the conquest; and so a mischief not intended nor remedied by Act.
Thirdly, The prologue of the act implies as much; Whereas great sums of money must of necessity be SPEEDILY advanced & procured for the relief of HIS MAJESTIES ARMY and PEOPLE (not his Heirs or Successors) in the Northern parts: &c. And for supply of other HIS MAJESTIES PRESENT and URGENT OCCASIONS (not his Heirs or Successors future occasions) which cannot be so timely effected as is requisite, without credit for raising the said monies; which credit cannot be attained, until such obstacles be first removed as are occasioned BY FEAR, JEALOUSIES and APPREHENSIONS OF DIVERS OF HIS MAJESTIES LOYAL SUBJECTS THAT THE PARLIAMENT MAY BE ADJOURNED, PROROGUED OR DISSOLVED (not by the Kings sodain or untimely death, of which there was then no fear, Jealousy or apprehension in any his Majesties Loyal Subjects, but by his Royal Prerogative and advice of ill Councellors) before justice shall be duly executed upon Delinquents; (then in being, nor sprung up since) publique grievances (then complained of) redressed, a firm peace betwixt the two Nations of England and Scotland concluded, and before sufficient provisions be made for the repayment of THE SAID MONEYS (not others since) so to be raised: All which the Commons in this present Parliament assembled having duely considered, do therefore humbly beseech your Majesty, that it may be declared and enacted, &c. All which expressions, related onely TO HIS late Majesty only, not his Heirs and Successours; and the principal scope of this act, to gain present credit to raise moneys to disband the Scotish and English Armies then lying upon the Kingdom, being many yeers since accomplished; yea and justice being since executed upon Strafford, Canterbury, and other Delinquents then complained of; the publick Grievances then complained of (as Star-chamber, High-Commission, Ship-money, Tonnage and poundage, Fines for Knighthood, Bishops votes in Parliament, with their Courts and Jurisdictions and the like) redressed by acts soon after passed, and a firm peace between both Nations concluded before the Wars began; and this preamble’s pretentions for this act fully satisfied divers years before the King’s beheading; it must of necessity be granted, that this Statute never intended to continue this Parliament on foot after the Kings decease; especially after the ends for which it was made were accomplished: And so it must necessarily be dissolved by his Death.
Fourthly, This is most clear by the body of the act it self: And be it declared and enacted By The King Our Soveraign Lord, with the assent of the Lords & Commons in this Present Parliament Assembled, & by the authority of the same, That This present Parliament Now Assembled, shall not be Dissolved, unlesse it be by Act Of Parliament To Be Passed For That Purpose; nor shall any time or times During The Continuance Thereof Be Prorogued Or Adjourned, unlesse it be By Act Of Parliament to be likewise Passed For That Purpose. And that The House of Peers shall not at any time or times During This present Parliament Be Adjourned, unlesse it be By THEMSELVES; or BY THEIR OWN ORDER. And in like manner that THE HOUSE OF COMMONS shall not at any time or times DURING THIS PRESENT PARLIAMENT be adjourned unless it be BY THEMSELVES, or BY THEIR OWN ORDER. Whence it is undeniable, 1. that this act was only for the prevention of the untimely dissolving, Proroguing and adjourning of that present Parliament then assembled, and no other. 2. That the King himself was the Principal Member of his Parliament, yea, our Soveraign Lord, and the sole declarer and enacter of this Law, by the Lords and Commons assent. 3. That neither this Act for continuing, nor any other for dissolving, adjourning or proroguing this Parliament could be made without, but only by and with the Kings Royal assent thereto; which the Lords and Commons assembled in Parliament in their(*) Remonstrance of the 26. of May 1642: oft interminis acknowledge, together with his Negative voice to bils. 4. That it was neither the Kings intention in passing this act to shut himself out of Parliament, or create Members of a Parliament without a King, as he professed in his Εἰκων Βασιλική. c. 5. p. 27. Nor the Lords nor Commons intendment to dismember him from his Parliament, or make themselves a Parliament without him; as their foresaid Remonstrance testifies, and the words of the act import: Neither was it the Kings, Lords or Commons meaning by this act to set up a Parliament onely of Commons (much lesse of a remnant of a Commons House selected by Colonel Pride, and his Confederates of the Army to serve their turns, and vote what they prescribed) without either King or House of Peers, much lesse to give them any super-transcendent authority to vote down and abolish the King and house of Lords, and make them no Members of this present or any future Parliaments, without their own order or assent, against which so great usurpation, and late dangerous unparliamentary encroachments this very act expresly provides in this clause, That the House of Peers (wherein the King sits as Soveraign when he pleaseth) shall not at any time or times during this present Parliament be adjourned (much less then dissolved, excluded, or suspended from sitting or voting, which is the greater, and that by their inferiours in all kindes, a Fragment of the Commons House, who can pretend no colour of Jurisdiction over them, before whom they alwayes stood bare-headed, like so many Grand-Jury-men before the Judges, and attended at their Doors and Bar to know their pleasures:) unlesse it be by Themselves, or by their own Order. 5. That neither the King Lords nor Commons intended to set up a perpetuall Parliament, and entail it upon them, their Heirs and Successors for ever, by this Act, which would cross and repeal the Act for triennial Parliaments made at the same time, and on the same* day in Law; but to make provision only against the untimely dissolving of this, till the things mentioned in the Preamble were accomplished and setled; as the Preamble, and those oft repeated words, any time or times during the continnance of this present Parliament, conclude; and that during His Majesties Reign and life, not after his death as these words coupled with the Relief of his Majesties Army and People; and for supply of His Majesties present and urgent occasions in the Preamble manifest. Therefore this Act can no wayes continue it a parliament after the Kings beheading; much lesse after the exclusion both of the King and Lords house out of parliament by those now sitting, contrary to the very letter and provision of this Act; by which device the King alone, had he conquered and cut off, or secluded by his Forces the Lords and Commons House from sitting, might with much more colour have made himself an absolute parliament, to impose what Taxes and Laws he pleased, without Lords or Commons, on the people, by vertue of this Act, then those few Commons now sitting since his tryall and death doe. 6. The last clause of this Act; And that all and every thing or things whatsoever DONE OR TO BE DONE (to wit, by the King or His Authority) for the adjournment, proroguing or dissolving of THIS PRESENT PARLIAMENT, CONTRARY TO THIS PRESENT ACT, SHALL BE UTTERLY VOID and of NONE EFFECT: Now death, and a dissolution of this parliament by the Kings death, cannot (as to the King) be properly stiled, a Thing done, or to be done (by Him) for the adjournment, proroguing or dissolving of this parliament, contrary to this present Act; which cannot make the Kings death utterly void and of none effect, by restoring him to his life again. Therefore the dissolution of the parliament by the Kings death, is cleerly out of the words and intentions of this Act, especially so many yeers after its Enacting. 7. This present Parliament and every Member thereof, being specially summoned by the Kings Writ, only to be HIS Parliament and Councell, and to conferre with HIM of the great and urgent affaires concerning HIM and HIS Kingdom; and these Writs and Elections of them, returned unto HIM and HIS COURT by Indenture, and the persons summoned and chosen by vertue of them appearing only in HIS Parliament, for no other ends but those expressed in HIS WRITS; it would be both an absurdity and absolute impossibility to assert, that the Houses intended by this Act to continue this Parliament in being after the Kings beheading or death: unless they that maintain this paradox be able to inform me and those now sitting, how they can conferr and advise with a dead King of things concerning Him and His Kingdom; and that even after they have extirpated Monarchy it self, and made it Treason to assert or revive it; and how they can continue still HIS Parliament and Councell whose head they have cut off: and that without reviving or raising him from his grave, or enstalling His right Heir and Successor in His Throne to represent His Person; neither of which they dare to doe, for fear of losing their own Heads and Quarters too, for beheading him. This Tax therefore being imposed on the Kingdom long after the Kings beheading, and the Parliaments dissolution by it, must needs be illegall and meerly void in Law to all intents; because not granted nor imposed in, but out of Parliament; by those who were then no Commons nor Members of a Parliament, and had no more authority to impose any Tax upon the Kingdom, then any other forty or fifty Commoners whatsoever out of Parliament, who may usurp the like authority by this president to Tax the Kingdom or any County what they please, and then Levy it by an Army or force of Armes, to the peoples infinite, endless oppression and undoing: This is my first and principall exception against the Legality of this Tax, which I desire the Imposers and Levyers of it most seriously to consider; and that upon these important considerations from their own late Declarations.
First, themselves in their own Declaration of the 9th February, 1648. have protested to the whole Kingdom: That they are fully resolved to maintain, and shall and will uphold, preserve, and keep the fundamentall Lawes of this Nation, for, and concerning the PRESERVATION OF THE LIVES, PROPERTIES and LIBERTIES OF THE PEOPLE, with all things incident thereunto: which how it will stand with this Tax imposed by them out of Parliament, or their Act concerning New TREASONS; I desire they would satisfie me and the Kingdom, before they levy the one, or proceed upon the other against any of their fellow-Subjects, by meer arbitrary armed power against Law and Right.
Secondly, themselves in their Declaration, expressing the grounds of their late proceedings, and setling the present Government in way of a Free-State, dated 17. Martii, 1648. engage themselves: To procure the well-being of those whom they serve: to renounce oppression, arbitrary power, and all opposition to the peace and Freedome of the Nation: And to prevent to their power, the reviving of Tyrannie, Injustice, and all former evils (the only end and duty of all their Labors) to the satisfaction of all concerned in it. 2. They charge the late King for exceeding all His predecessors in the destruction of those whom he was bound to preserve; To manifest which they instance in The Loanes, unlawfull Imprisonments, and other Oppressions which produced that excellent Law of the Petition of Right; which were most of them again acted, presently after the Law made against them, which was most palpably broken by him almost in every part of it, very soon after His solemn Consent given unto it.(1) His imprisoning and prosecuting Members of Parliament, for opposing His unlawfull Will: and of divers(2) worthy Merchants for refusing to pay Tonnage and Poundage, because NOT GRANTED BY PARLIAMENT; yet(3) exacted by HIM expresly against Law; and punishment of many(4) good Patriots for not submitting to whatsoever he pleased to demand, though NEVER SO MUCH IN BREACH OF THE KNOWN LAW. The multitude of projects and Monopolies established by Him. His designe and charge to bring in(5) Germane-Horse, to awe us INTO SLAVERY, and his hopes of compleating all by His grand project of(6) Ship-money, to subject EVERY MANS ESTATE TO WHATSOEVER Proportion He Pleased To Impose Upon Them. But above all the English Army was laboured by the King to be engaged against THE ENGLISH PARLIAMENT. A thing of that(7) STRANGE IMPIETY and UNNATURALNESS for the King of England, to sheath their swords in one anothers bowels, that nothing can answer it but his owne being a Foraigner: neither could it easily have purchased belief, but by his succeeding visible actions in ful pursuance of the same. As the Kings coming in person to the(8) House of Commons to seise the five Members, whether he was followed with(9) some hundreds of unworthy debauched persons, armed with Swords and Pistols, and other Armes; and they attending at the Doore of the House, ready to execute whatsoever their Leader should command them. The oppressions of the Councell-Table, Star-Chamber, High-Commission, Court-Martiall, Wardships, Purveyances, Afforestations, and many others of like nature, (equalled, if not farr exceeded now by sundry Arbitrary Committees and Sub-Committees, to name no others in all manner of Oppressions and Injustice) concluding thus: Upon all these and many other unparalleld offences, upon his breach of Faith, of Oaths and Protestations; upon the cry of the blood of England and Ireland: upon the tears of Widows and Orphans, and childless Parents, and millions of persons undone by him, let all the world of indifferent men judg, whether the Parliament (you mean yourselves only which made this Declaration) had not sufficient cause to BRING THE KING TO JUSTICE: And much more you if you imitate or exceed him in all or any of these, even by your own verdit?
Hen. Martin is accomptable to the State for above 8700 l. which the Committee of accounts in two years time could never bring him to account for, and yet hath 3000 l. voted him lately for moneys pretended to be disbursed; to whom and for what, quere.3. Themselves charge the King with profuse Donations of salaries and pensions to such as were found, or might be made fit Instruments and promoters of Tyranny: which were supplied not by the legal justifiable revenue of the Crown, but by Projects and illegal ways OF DRAINING THE PEOPLES PURSES; all which mischief and grievance they say will be prevented in their free State; though the quite contrary way; as appears by the late large donation of some thousands to Mr. Henry Martin, the Lord Lisle, Commissary General Ireton and others of their Members and Instruments, upon pretence of Arrears, or Service, some of them out of the moneys now imposed for the releife of Ireland. And must we pay Taxes to be thus prodigally expended?
Fourthly, They therein promise and engage, That the good old Laws and Customs of England THE BADGES OF OUR FREEDOM (the benefit whereof our Ancesters enjoyed long before the conquest, and spent much of their blood to have confirmed by the Great Charter of the Liberties) and other excellent Laws which have continued in all former changes, and being duly executed, are THE MOST JUST, FREE and equal of any other Laws in the world; shall be duly continued and maintained by them; the LIBERTY, PROPERTY and PEACE OF THE SUBJECT BEING SO FULLY PRESERVED BY THEM, and the common interest of those WHOM THEY SERVE. And if those Lawes should be taken away, all Industry must cease; all misery blood and confusion would follow, and greater Calamities, if possible, then fel upon us by the late Kings misgovernment, would certainly involve all persons, under which they must inevitably perish.
Nota.5. They therein expresly promise. p. 26. To order the revenue in such a way, That the publick charges may be defrayed; The Souldiers pay justly and duly setled: That free-quarter may be wholy taken away and THE PEOPLE BE EASED IN THEIR BURTHENS and TAXES: And is this now all the case we feel; to have all Burthens and Taxes, thus augmented; and that against Law by pretended acts made out of Parliament, against all these good old Lawes and Statutes, our Liberties and Properties, which these new Tax-Masters have so newly and deeply engaged themselves to maintain and preserve without the least diminution?
Thirdly, Both Houses of Parliament joyntly, and the House of Commons severally in the late Parliament, with the approbation of all & consent of most now sitting, did in sundry(‖) Remonstrances and Declarations published to the Kingdom, not only Tax the King and his evil Counsellors for imposing illegal Taxes on the Subjects, contrary to the forecited acts; the maintenance whereof against all future violations and invasions of the Peoples Liberties and Properties they made one principal ground of our late bloody expensive wars; but likewise professed;(*) That they were specially chosen and intrusted by the Kingdom in Parliament and owned it as their duty to hazzard their own lives and estates for preservation of those Laws and liberties, and use their best endeavours that the meanest of the Commonalty might enjoy them as their birthrights, as well as the greatest Subject. That EVERY HONEST MAN (especially THOSE WHO HAVE TAKEN THE LATE PROTESTATION, and Solemn League and Covenant since) IS BOUND TO DEFEND THE LAWS and LIBERTIES OF THE KINGDOM against WIL and POWER, which imposed WHAT PAYMENTS THEY THOUGHT FIT TO DRAIN THE SUBJECTS PURSES, and supply THOSE NECESSITIES (which their ill Counsel had brought upon the King and Kingdom) And that they would be ready TO LIVE AND DYE with those WORTHY and TRUE-HEARTED PATRIOTS OF THE GENTRY OF THIS NATION and others, who were ready to lay down their lives and fortunes for the maintenance of THEIR LAWS and LIBERTIES: with many such like heroick expressions. Which must needs engage me (a Member of that Parliament, and Patriot of my Country) with all my strength and power to oppose this injurious Tax, imposed out of Parliament, though with the hazard of my life and fortunes; wherein all those late Members who have joyned in these Remonstrances are engaged by them to second me; under paine of being adjudged unworthy for ever hereafter to sit in any Parliament or to be trusted by their Counties and those for whom they served. And so much the rather to vindicate the late Houses honour and reputation from those predictions and printed aspersions of the beheaded King;(‖) That the maintenance of the Laws, Liberties, Properties of the People, were but only guilded dissimulations and specious pretences to get power into their own hands, thereby to enable them to destroy and subvert both Lawes, Liberties, and Properties at last. And not any thing like them, to introduce Anarchy, Democracy, Parity, Tyranny in the Highest degree, and new formes of arbitrary Government, and leave neither King nor Gentleman: all which the people should too late discover to their costs and that they had obtained nothing by adhering to add compliance with them, but to enslave and undoe themselves, and to be last destroyed. Which royal Predictions many complaine we finde too truely verified by those who now bear rule, under the Name and visour of the Parliament of England, since its dissolution by the Kings decapitation, and the Armies imprisoning and seclusion of the Members who above all others are obliged to disprove them by their answers as wel as declarations to the people, who regard not words but reall performances from these new keepers of their Liberties; especially in this FIRST YEAR OF ENGLANDS FREEDOM engraven on all their publick Seals, which else will but seal their Selfdamnation and proclaim them the Archest Impostors under Heaven.
Secondly, should I voluntarily submit to pay this Tax, and that by vertue of an Act of Parliament made by those now sitting, (some of whose Elections have been voted void; others of them elected by* new illegall writs under a new kind of Seal, without the Kings Authority, stile, or Seal, and that since the Kings beheading, as the Earl of Pembroke, and Lord Edward Howard, uncapable of being Knights or Burgesses by the Common Law and custome of Parliament, being Peers of the Realm (if now worthy such a Title) as was adjudged long since in the Lord Camoyes case, Claus. Dors. 7. R. 2. m. 32. and asserted by Master Selden in his Titles of Honor part. 2. c. 5. p. 737. seconded by Sir Edward Cook in his 4 Institut. p. 1, c, 5, 46, 47, 49.) As I should admit these to be lawfull Members, and these unlawfull void Writs to be good in Law; so I should thereby tacitly admit, & ex post facto assent to some particulars against my knowledg, judgment, conscience, Oaths of Supremacy, Allegiance, Protestation, and solemn League and Covenant, taken in the presence of God himself, with a sincere heart and reall intention to perform the same, and persevere therein al the days of my life, without suffering my self directly or indirectly, by whatsoever combination, perswasion or terror to be withdrawn therefrom. As first, That there may be and now is a lawfull Parliament of England actually in being, and legally continuing after the Kings death, consisting only of a few late Members of the Commons House, without either King, Lords, or most of their fellow-Commons: which the very Consciences and judgments of all now sitting, that know any thing of Parliaments, and the whole Kingdom if they durst speak their knowledg, know & beleeve to be false, yea against their Oaths and Covenant. Secondly, That this Parliament (so unduly constituted and packed by power of an Army combining with them) hath a just and lawful Authority to violate the Priviledges, Rights, Freedomes, Customs, and alter the constitution of our Parliaments themselves; imprison, seclude, expel most of their fellow-members for voting according to their consciences; to repeal what Votes, Ordinances and Acts of Parliament they please, erect new Arbitrary Courts of war and Justice to arraign, condemn, execute the King himself, with the Peers & Commons of this Realm by a new kind of Martial law contrary to Magna Charta, the Petition of Right, and Law of the Land: dis-inherit the Kings posterity of the crown, extirpat Monarchy, & the whole house of Peers, change and subvert the ancient Government, Seals, Laws, Writs, legal proceedings, Courts, and coin of the Kingdom; sell and dispose of all the Lands, Revenues, Jewels, goods of the Crowne, with the Lands of Deans and Chapters, as they think meet; absolve themselves (like so many antichristian Popes) with all the Subjects of England and Ireland, from all the Oaths and engagements they have made TO THE KINGS MAJESTY, HIS HEIRS AND SUCCESSORS: yea, from their very Oath of Allegiance, notwithstanding this express clause in it (which I desire may be seriously and conscienciously considered by all who have sworne it) I do beleeve and in Conscience am resolved, that neither the Pope, NOR ANY PERSON WHATSOEVER HATH POWER TO ABSOLVE ME OF THIS OATH, OR ANY PART THEREOF, which I acknowledge by good and full Authority to be lawfully ministred unto me, and DO RENOUNCE ALL PARDONS AND DISPENSATIONS TO THE CONTRARY: dispense with our Protestations, Solemn League and Covenant, so lately* zealously urged and enjoyned by both Houses on Members, Officers, Ministers, and all sorts of People throughout the Realm. dispose of all the Forts, Ships, Forces, Offices and Places of Honour, Power, Trust or profit within the Kingdom to whom they please; to displace and remove whom they will from their Offices, Trusts, Pensions, Callings, at their pleasures without any legall cause or tryall: to make what new Acts, Lawes, and reverse what old ones they think meet, to insnare, inthral our Consciences, Estates, Liberties, Lives: to create new monstrous Treasons never heard of in the world before; and declare real treasons against King, Kingdome, Parliament, to be no treasons, and Loyalty, Allegiance, due obedience to our knowne Lawes, and consciencious observing of our Oaths and Covenant (the breach whereof would render us actuall Traytors and perjurous persons) to be no lesse then High Treason, for which they may justly imprison, dismember, disfranchise, displace and fine us at their wills (as they have done some of late) and confiscate our persons, lives to the Gallowes, and our estates to their new Exchequer; (a Tyranny beyond all Tyrannies ever heard of in our Nation, repealing Magna Charta, c. 29. 5. E. 3. c. 6. 25. Edw. 3. cap. 4. 28. Ed. 3. c. 3. 37. E. c. 18. 42. E. 3. cap. 3. 25. Ed. 3. cap. 2. 11. R. 2. c. 4. 1. H. 4. c. 1. c. 2. H. 4. Rot. Par. N. 6. [Editor: illegible] 1. E. 6. c. 12. 1. Mar. c. 1. The Petition of Right, 3 Caroli and laying all our* Laws, Liberties, Estates, Lives in the very dust after so many bloody and costly years wars to defend them against the Kings invasions) rayse and keep up what forces they will by Sea and Land, impose what heavy Taxes they please, and renew, increase, multiply and perpetuate them on us as often and as long as they please, to support their own encroached, more then Regall, Parliamentall, Supertranscendent Arbitrary power over us, and all that is ours or the Kingdoms, at our private and the publique charge against our wils, judgments, consciences, to our absolute enslaving, and our three Kingdoms ruine, by engaging them one against another in new Civill wars, and exposing us for a prey to our Foreaign Enemies. All which, with other particulars, lately acted and avowed by the Imposers of this Tax, by colour of that pretended Parliamentary Authority by which they have imposed it, I must necessarily admit, acknowledg to be just and legall by my voluntary payment of it, of purpose to maintain an Army, to justifie and make good all this by the meer power of the Sword, which they can no wayes justifie and defend by the Lawes of God or the Realm, before any Tribunall of God or Men, when legally arraigned, as they shal one day be. Neither of which I can or dare acknowledg, without incurring the guilt of most detestable Perjury, and highest Treason, against King, Kingdom, Parliament, Laws and Liberties of the people; and therefore cannot yeeld to this Assessment.
Thirdly, the principal ends and uses proposed in the pretended Act and Warrants thereupon for payment of this Tax, are strong obligations to me, in point of Conscience, Law, Prudence, to withstand it; which I shall particularly discuss.
The first is, the maintenance and continuance of the present Army and Forces in England under the Lord Fairfax. To which I say, First, as I shall with all readiness, gratitude and due respect, acknowledg their former Gallantry, good and faithfull Services to the Parliament and Kingdom, whiles they continued dutifull and constant to their first Engagements, and the ends for which they were raised by both Houses, as far forth as any man; so in regard of their late monstrous defections, and dangerous Aposticies from their primitive obedience, faithfulness, and engagements, in disobeying the Commands, and levying open war against both Houses of Parliament, keeping an horrid force upon them at their very doors; seising, imprisoning, secluding, abusing, and forcing away their Members, printing and publishing many high and treasonable Declarations against the Institution, Priviledges, Members and Proceedings of the late, and Being of all future Parliaments; imprisoning, abusing, arraigning, condemning and executing our late King, against the Votes, Faith, and Engagements of both Houses, and dis-inheriting His posterity, usurping the Regall, Parliamentall, Magistraticall, and Ecclesiasticall power of the Kingdom to their Generall-Councell of Officers of the Army, as the supreme swaying Authority of the Kingdom, and attempting to alter and subvert the ancient Government, Parliaments, Laws, and Customs of our Realm: And upon serious consideration of the ordinary, unsufferable Assertions of their Officers and Souldiers uttered in most places where they Quarter, and to my self in particular, sundry times,* That the whole Kingdom, with all our Lands, Houses, Goods, and whatsoever we have, is theirs, and that by right of Conquest, they having twice conquered the Kingdom: That we are but their conquered slaves and Vassals, and they the Lords and Heads of the Kingdom: That our very lives are at their mercy and courtesie. That when they have gotten all we have from us by Taxes and Free-quarter, and we have nothing left to pay them, then themselves will seise upon our Lands as their own, and turn us and our Families out of doors: That there is now no Law in England (nor never was, if we beleeve their lying Oracle Peters) but the Sword; with many such like vapouring Speeches and discourses, of which there are thousands of witnesses: I can neither in Conscience, Law, nor Prudence assent unto, much less contribute in the least degree for their present maintenance, or future continuance, thus to insult, inslave, and tyrannize over King, Kingdom, Parliament, People at their pleasure, like their conquered Vassals. And for me in particular to contribute to the maintenance of those, who against the Law of the Land, the priviledges of Parliament, and liberty of the Subject, pulled me forcibly from the Commons House, and kept me prisoner about two months space under their Martiall, to my great expence and prejudice, without any particular cause pretended or assigned, only for discharging my duty to the Kingdom, and those for whom I served in the House, without giving me the least reparation for this unparallell’d injustice, or acknowledging their offence (and yet detain some of my then fellow-Members under custodie by the meer power of the Sword, without bringing them to Triall) would be, not only absurd, unreasonable, and a tacit justification of this their horrid violence, and breach of priviledg, but monstrous, unnaturall, perfidious, against my Oath and Covenant.
2. No Tax ought to be imposed on the Kingdom in Parliament it self, but in case of necessity, for the common good, as is clear by the Stat. of 25 E. 1. c. 6. & Cooks 2 Instit. p. 528. Now it is evident to me, that there is no necessity of keeping up this Army for the Kingdoms common Good, but rather a necessity of disbanding it, or the greatest part of it, for these reasons: 1. Because the Kingdom is generally exhausted with the late 7 years Wars, Plunders and heavy Taxes; there being more moneyes levied on it by both sides, during these eight last yeares, then in all the Kings Reigns since the Conquest, as will appear upon a just computation: all Counties being thereby utterly unable to pay it. 2. In regard of the great decay of Trade, the extraordinary dearth of cattell, corn, and provisions of all sorts; the charge of relieving a multitude of poor people, who starve with famine in many places, the richer sort eaten out by Taxes and Free-quarter, being utterly unable to relieve them. To which I might adde the multitude of maimed Souldiers, with the widows and children of those who have lost their lives in the Wars, which is very costly. 3. This heavie Contribution to support the Army, destroies all Trade, by fore-stalling and engrossing most of the Monies of the Kingdom, the sinews and life of Trade; wasting the provisions of the Kingdom, and enhancing their prices, keeping many thousands of able men and horses idle, only to consume other labouring mens provisions, estates, and the publick Treasure of the Kingdom, when as their employment in their Trades and callings, might much advance trading, and enrich the Kingdom. 4. There is now no visible Enemy in the field or Garrisons, and the sitting Members boast there is no fear from any abroad, their Navie being so Victorious. And why such a vast Army should be still continued in the Kingdom to increase its debts and payments, when charged with so many great Arrears and Debts already, eat up the Country with Taxes and Free-quarter, only to play, drink, whore, steale, rob, murther, quarrell, fight with, impeach and shoot one another to death as Traitors, Rebels, and Enemies to the Kingdom and Peoples Liberties, as now the Levellers and Cromwellists doe, for want of other imployments, and this for the publick Good, transcends my understanding. 5. When the King had two great Armies in the Field, and many Garisons in the Kingdom, this whole Army by its primitive Establishment, consisted but of twenty two thousand Horse, Dragoons and Foot, and had an Establishment only of about Fortie five thousand pounds a month for their pay; which both Houses then thought sufficient, as is evident by their(o) Ordinances of Febr. 15. 1644. and April 4. 1646. And when the Army was much increased without their Order, sixty thousand pounds a month was thought abundantly sufficient by the Officers and Army themselves, to disband and reduce all super-numeraries, maintain the Established Army and Garisons, and ease the Country of all Free-quarter; which Tax hath been constantly paid in all Counties. Why then this Tax to the Army should now be raised above the first Establishment, when reduced to twenty thousand, whereof sundry Regiments are designed for Ireland, (for which there is thirty thousand pounds a month now exacted, besides the sixty for the Army) and this for the common good of the Realm, is a riddle unto me, or rather, a Mystery of inquiry, for some mens private lucre, rather then the publick weal. 6. The Militia of every County (for which there was so great contest in Parliament with the late King) and those persons of livelihood and estates in every Shire or Corporation who have been cordiall to the Parliament and Kingdom heretofore, put into a posture of defence under Gentlemen of quality and known integrity, would be a far agreater Guard to secure the Kingdom against forreign Invasions or domestick Insurrections, then a mercenary Army of persons and souldiers of no fortunes, and that with more generall content, and the tenth part of that Charge the Kingdom is now at to maintain this Armie, and prevent all danger of the undoing pest of Free-quarter. Therefore there is no necessity to keep up this Army, or impose any new Tax for their maintenance, or defraying their pretended Arrears, which I dare averr, the Free-quarter they have taken in kinde, and levied in money, if brought to a just account, as it ought, will double, if not treble most of their Arrears, and make them much indebted to the Country. And no reason they should have full pay and Free-quarter too, and the Country bear the burthen of both, without full allowance of all the Quarters levied or taken on them against Law, out of their pretended Arrears.
Object.And if any of the sitting Tax-makers here object, That they dare not trust the Militia of the Cities and Counties of the Realm with their own or the Kingdoms defence: Therefore there is a necessity for them to keep up the Army, to prevent all dangers from abroad, and Insurrections at home.
Answ.I answer, 1. That upon these pretences these new Lords may intail and enforce an Army, and Taxes to support them, on the Kingdom till Dooms-day. 2. If they be real Members who make this Objection, elected by the Counties, Cities and Boroughs for which they serve, and deriving their Parliamentall Authority only from the People,See their Declaration, 17 March, 1648, pag. 1. 27. (the onely new fountain of all Power and Authority, as themselves now dogmatize) then they are but their Servants and Trustees, who are to allow them wages, and give them Commission for what they act. And if they dare not now trust the people, and those persons of quality, fidelity, and estate, who both elected, intrusted and impowred them, and are the primitive and supreme Power; it is high time for their Electors and Masters [the People] to revoke their authority, trusts, and call them to a speedy account for all their late exorbitant proceedings, and mispence of the Kingdoms Treasure; and no longer to trust those with their purses, liberties, safety, who dare not now to confide in them, and would rather commit the safeguard of the Kingdom to mercenary, indigent souldiers, then to those Gentlemen, Free-holders, Citizens, Burgesses, and persons of Estate who elected them, whose Trustees and Attourneys onely they profess themselves, and who have greatest interest both in them and the Kingdoms weal, and are those who must pay these Mercenaries, if continued. 3. The Gentlemen and Free-men of England have very little reason any longer to trust the Army with the Kingdoms, Parliaments, or their own Liberties, Laws, and Priviledges safeguard, which they have so oft invaded; professing now, that they did not fight to preserve the Kingdom, King, Parliament, Laws, Liberties and Properties of the Subject; but to conquer and pull them down, and make us conquered slaves in stead of free-men: averring, that All is theirs by conquest (which is as much as the King and his Cavaliers, or any forreign enemy could or durst have affirmed, had they conquered us by Battel:) And if so, then this Army is not, cannot be upheld and maintained for the Kingdoms and peoples common good and safety, but their enslaving, destruction, and the meer support of the usurped power, authority, offices, wealth and absolute domination only of those who have exalted themselves for the present, above King, Parliament, Kingdom, Laws, Liberties, and those that did intrust them, by the help of this trust-breaking Army, who have* lost and stained all the glory of their former noble Victories and Heroick Actions, by their late degenerous unworthy practices, and are become a reproach to the English Nation in all Christian Kingdoms and Churches.
The second end of this heavie Tax, is the support and maintenance of the Forces in Ireland, for which there was only twenty thousand pounds a month formerly allowed, now mounted unto thirty thousand.
To which I answer in the first place, That it is apparent by the printed Statutes of 25. E. 1. c. 6. 1 E. 3. c. 5. 7. 18. Ed. 3. c. 7. 25. Ed. 3. c. 8. 4. H. 4. c. 13. Cooks 2 Institutes p. 528. and the Protestation of all the Commons of England in the Parliaments of 1 Hen. 5. num. 17. and 7. H. 5. num. 9. That no Free-man of England ought to be compelled to go in person, or to finde Souldiers, Arms, Conduct-money, Wages, or pay any Tax for or towards the maintenance of any forreign War in Ireland, or any other parts beyond the Sea, without their free consents in full Parliament. And therefore this Tax to maintain Souldiers and the Warr in Ireland (neither imposed in Parliament, much lesse in a full and free one, as I have proved) must needs be illegall, and no ways obligatory to me, or any other. 2. Most of the ancient Forces in Ireland (as the Brittish Army, Scots and Inchiqueen’s, towards whose support the twenty thousand pounds a month was designed) have been long since declared Rebels, Traytors, Revolters, and are not to share in this Contribution: and those now pretending for Ireland, being Members of the present Army, and to be paid out of that Establishment, there is no ground at all to augment, but to decrease this former monthly Tax for Ireland, over what it was before. 3. Many of those now pretending for Ireland, have been the greatest obstructers of its relief heretofore: and many of those designed for this Service by lot, have in words, writing and print protested they never intend to go thither, and disswade others from going, yet take Free-quarter on the Country and pay too under that pretext. And to force the Country to pay Contribution and give Free quarter to such Cheaters and Impostors, who never intend this Service, is both unjust and dishonourable. 4. If the Relief of Ireland be now really intended, it is not upon the first, just and pious grounds, to preserve the Protestant party there from the forces of the bloody, Popish, Irish Rebels, with whom (if report be true) these sitting Anti-Monarchists seek and hold correspondence, and are now actually accorded with Owen Roe-Oneal, and his pary of bloudiest Papists; but to oppose the Kings interest and Title to that Kingdom (*setled on HIM, HIS HEIRS & SUCCESSORS FOR EVER by an express act of Parliament made in Ireland, 33. H. 8. c. 1. and by the Stat. of 1 Jac. c. 1. made in England, yet unrepealed,) and the Protestant remaining party there, adhering to, and proclaiming, acknowledging him for their Soveraign; lest his gaining of Ireland should prove fatall to their usurped Soveraignty in England, or conduce to his enthroning here: And by what Authority these now sitting can impose, or with what conscience any loyal Subject who hath taken the Oaths of Supremacy, Allegeance, and Covenant, can voluntarily pay any Contribution to deprive the King of his hereditary right, and undoubted title to the Kingdoms & Crowns of England & Ireland, and alter the frame of the ancient Government and Parliaments of our Kingdoms,p Remonstrated so often against by both Houses and adjudged High Treason in Canterburies and Straffords cases, for which they were beheaded; and by themselves in the Kings own case, whom they decolled likewise (without incurring the guilt of perjury and danger of high Treason, to the loss of his life & estate, by the very laws and Statutes yet in force transcends my understanding to conceive: Wherfore I neither can, nor dare, in conscience, law or prudence, submit to this contribution.
Fourthly, The coercive power, and manner of levying this contribution, expressed in the Act, is against the Law of the Land, and Liberty of the Subject, which is threefold.
First, Distresse and sale of the goods of those who refuse to pay it; with power to break open their Houses (which are their Castles) doors, chests, &c. to distrain; which is against Magna Charta c. 29. The Petition of Right; The Votes of both Houses in the case of Ship-mony, 1 R. 2. c. 3. and the resolution of our Judges and Law-books. 13. Ed. 4. 9. 20. E. 4. 6. Cook 5 Report, f. 91, 92. Semains case, and 4. Inst. p. 176. 177.
Secondly, Imprisonment of the body of the party till he pay the Contribution, being contrary to Magna Charta, The Petition of Right, The resolution of both Houses in the Parliament of 3. Caroli, in the case of Loans; and 17 Caroli, in the case of Ship-mony, the judgment of our Judges and Law-books, collected by Sir Edward Cook in his 2 Inst. p. 46. &c. and the Statute of 2. H. 4. Rot. Parl. n. 6. unprinted, but most expresse in point.
Thirdly, Levying of the contribution by souldiers and force of arms, in case of resistance, and imprisoning the person by like force: adjudged High Treason in the case of the Earl of Strafford, and a levying of war within the Statute of 25. Ed. 3. by the late Parliament, for which he lost his head: and so proved to be at large by Master St. Iohn in his Argument at Law at the passing the Bill for his attainder, Printed by Order of the Commons House.
Fourthly, (Which heightens the illegality of these illegall means of levying it) if any person whose goods are destrained, or person imprisoned for this illegall tax, shall bring his Action at Law, or an Habeas corpus for his relief, the Committee of Indempnity will stay his legall proceedings, award costs against him, and commit him anew till he pay them, and release his suits at Law, and upon an Habeas corpus, their own Sworn Judges (created by them, without any Oath to do equal Justice, &c. to all: but only to be true and faithfull to their new-erected State:) dare not bayl but remaund him against Law; An oppression and Tyranny, far exceeding the worst of the Beheaded Kings; under whom the Subjects had Free-Liberty to sue and proceed at Law both in the cases of Loanes, Shipmony and Knighthood, without any Councel Table, Committee of Indempnity to stop their suits, or inforce them to release them; and therefore in all these respects (so repugnant to the Laws and Liberty of the Subject) I cannot submit to this illegall Tax, but oppugn it to the uttermost, as the most invasive as Laws and Liberties, that ever was.
Fifthly, The time of imposing this illegall Tax, with these unlawfull ways of levying it, is very considerable and sticks much with me; it is (as the Imposers of it declare and publish in many of their new kind of Acts and devices) in the first yeare of Englands Liberty, and redemption from thraldom. And if this unsupportable Tax, thus illegally to be levied, be the first fruits of our first years Freedom, and redemption from thraldom, as they stile it; how great may we expect our next years thraldome will be, when this little finger of theirs is heavier by far then the Kings whole loyns, whom they beheaded for Tyranny and Oppression?
Sixthly, The Order of this Tax (if I may so term a disorder) or rather newnesse of it, engageth me, and all lovers of their Countries Liberty, unanimously to withstand the same. It is the first, I finde, that was ever imposed by any who had been Members of the Commons House after a Parliament dissolved; the Lords House Voted down, and most of their fellow. Commoners secured or secluded by their connivance or confederacy with an undutifull Army. Which if submitted to, and not opposed as illegall, not only the King or Lords alone without the Commons, but any forty or fifty Commoners, who have been Members of a Parliament, gaining Forces to assist and countenance them, may out of Parliament now, or any time hereafter, do the like, and impose what Taxes and Laws they please upon the Kingdom, and the secluded Lords and Commons that once sate with them, being encouraged thereto by such an unopposed precedent. Which being of so dangerous consequence and example to the constitution and priviledges of Parliament, and Liberties of the People, we ought all to endeavour the crushing of this new Cockatrice in the shell, lest it grow to a Fiery Serpent, to consume and sting us to death, and induce the Imposers of it, to lade us with new and heavier Taxes of this kinde, when this expires (which we must expect, when all the Kings, Bishops, Deans and Chapters Lands are shared amongst them, sold and spent) as they will quickly be if we patiently submit to this leading Decoy; since(q) Bonus Actus inducit constietudinem, as our Ancestors resolved, Anno 1240. in case of an unusuall Tax demanded by the Pope; whereupon they all unanimously opposed it at first;
- (r) Opprime dum nova sunt subiti mala semina morbi:
- Principiis obsta; serò medecina paratur
- Cum mala per longas invaluere moras,
Being the safest rule of State-physick we can follow in such new desperate diseases, which endanger the whole Body-Politick. Upon which grounds the most consciencious Gentlemen and best Patriots of their Country opposed Loans, Ship-money, Tonnage, Poundage, Knighthood, and the late illegall Impositions of the King and his Councell in the very beginnings of them, and thought themselves bound in Conscience, Law, Prudence so to do, though there were some colourable reasons and precedents of former times pretended to countenance them. And if these Worthies conceived themselves thus obliged to oppose those illegall Impositions of the King and his Councel, though countenanced by some Judges opinions as legall, to their immortal honour, and high esteem both in Country and Parliament, who applauded them as the* principal maintainers of their Countries Liberties; then much more ought I, and all other tenderers of their own and Countries Freedom, to oppose this illegal dangerous Contribution imposed on us by a few fellow-Subjects only, without yea against all Law or President to countenance it, being of greater consequence, and worser example to the Kingdom, then all or any of the Kings illegal projects or Taxes.
Seventhly, the excessivenesse of this Tax, much raised and encreased, when we are so exhausted, and were promised and expected ease from Taxes, both by the Army in their Remonstrance, November 20. 1648. and by the(*) Imposers of it, amounting to a sixt part, if not a moyety of most mens estates is a deep Engagement for me to oppose it; since Taxes, as well as(s) Fines and Amerciaments ought to be reasonable; so as men may support themselves and their Families, and not be undone, as many wil be by this, if seduced to pay it by Distresse or Imprisonment. Upon this ground, in the Parliament Records, of 1 and 4 Ed. the Third, we find divers freed from payment of Tenths, and other Taxes lawfully imposed by Parliament, because the People were impoverished and undone by the Warres, who ought to pay them. And in the printed Statutes of 31 Henr. 6. c. 8. 1 Mariæ c. 17. to omit others, we find Subsidies mitigated and released by subsequent Acts of Parliament, though granted by precedent, by reason of the peoples poverty and inability to pay them. Yea somtimes we read of something granted them by the King, by way of aid to help pay their Subsidies, as in 25. Edward 3. Restal, Tax 9. and 36. Ed. 3. c. 14. And for a direct president in point: When(t) Peter Rubie the Pope’s Legat in the yeer 1240, exacted an excessive unusual Tax from the English Clergie; the whole Clergy of Berk-shire (and others) did all and every of them unanimously withstand it, tendring him divers Reasons in writing of their refusal, pertinent to our time and present Tax; whereof this was one, That the Revenues of their Churches scarce sufficed to find them daily food, both in regard of their smalness, and of the present dearth of Corne; and because there were such multitudes of poore people to relieve, some of which dyed of Famin, so as they had not enough to suffice themselves and the poore. Whereupon THEY OUGHT NOT TO BE COMPELLED TO ANY SUCH CONTRIBUTION: which many of our Clergie may now likewise plead most truly, whose Livings are small, and their Tithes detained; and divers people of all ranks and callings, who must sell their stocks, beds, and all their houshold-stuffe, or rot in prison, if forced to pay it.
Eighthly, the principal inducement to bring on the paiment of this Tax, is a promise of taking off the all-devouring and undoing Grievance of Free quarter: which hath ruined many Countreys and Families, and yet they must pay this heavy Tax to be eased of it for the future, instead of being paid and allowed for what is already past, according to(u) former engagements. Against which I have these just exceptions.
1. That the taking of Free-quarter by Soldiers in mens Houses, is a grievance against the very Common-Law it self, which defines every mans House to be his Castle and Sanctuary, into which none ought forcibly to enter against his will; and which with his goods therein he may lawfully(x) fortifie and defend against all intruders whatsoever, and kill them without any danger of Law: Against all the Statutes concerning(y) Purveyers, which prohibit the taking of any mens goods or provisions against their wills, or payment for them under pain of Felony, though by Commission under the great Seal of England. Against the expresse Letter and Provision of the Petition of Right. 3. Caroli. Condemned by the Commons House in their(z) Declaration of the State of the Kingdom of the 15. December, 1641. and charged as an Article against King Richard the second when deposed, in the Parliament of 1 H. 4. nu. 22. Yea, it is such a Grievance, as exposeth the houses, goods, provisions, moneys, servants, children, vives, lives, and all other earthly comforts we enjoy, to the lusts and pleasure of every domineering Officer, and unruly common Souldier. Therefore absolutely to be abolished without any compensation: And to impose an unjust, heavy Tax, and induce people to pay it upon hopes of freeing them from Free-quarter, is but to impose one grievance upon pretext to remove another.
2. There have been many promises, Declarations and Orders of both Houses and the Generall, for taking off Free quarter heretofore, upon the peoples paying in their Contributions before-hand, now; and then none should Free-quarter on them, under pain of death: Yet no sooner have they pay’d in their Contribution, but they have been freequartered on as much or more then formerly: the Souldiers, when we tell them of any Orders against Free-quarter, slighting them as so many wast papers, and carrying themselves more unruly: And when complaint thereof hath been made to the Officers, Members, or the Committee for the Army, or in the House; answer hath still been made, That as long as there is an Army on foot, there will be freequarter taken, and there can be no prevention of it, there being a necessity of it: and when any have craved allowance of it, they have found so many put-offs and delayes, and such difficulties in obtaining it, that their expences have equalled their allowance; and after allowances made, the moneys allowed have been called for again. So as few have had any allowance for quarters, and most have given over suing for them, being put to play an after-game to sue for them after all their contributions first paid, and not permitted to deduct them out of their Contributions, as in Justice and reason they ought, which they are still enforced to pay without deduction. This pretext therefore of taking away Free-quarter, is but a shoo-horn to draw on the payment of this Tax, and a fair pretext to delude the People, as they finde by sad experience every-where, and in the County and Hundred where I reside. For, not to look back to the last yeers free-quarter taken on us (though we duly paid our Contributions,) In April and May last past, since this very Tax imposed for taking away Free-quarter, Colonel Harrisons Troopers under the command of Captain Spencer, (who quartered six days together in a place, and exacted and received most of them 3 s. others 3 s. 6 d. and the least 2 s. 6 d. a day for their Quarters, telling their Landlords, that their Lands, and the whole Kingdom was theirs) have put Bathwick, Bathford, Claverton, Combe, Hampton, Soustock, Walcot and Widcombe, small parishes in our Hundred and Liberty, as they will prove upon Oath, and given it me under their hands, to 94 li. 4 s. 3 d. charge; beside their quarters in other parishes of the Hundred, Sir Hardresse Wallers Souldiers upon pretext of collecting arrears of Contribution not due from the hundred, put it to at least 30 l. charge more for free-quarter, they being very rude and disorderly; and no sooner were we quit of them, but on the 22 and 23 of May last, Col. Hunks his Foot under the conduct of Captain Flower and Captain Eliot pretending for Ireland, but professing they never intended to go thither, marching from Minchead and Dunster (the next Westerne Ports to Ireland further from it to oppresse the Country, put Bathwich, Langridge, Wolly, Batheaston, Katherin and Ford to 28 l. 7 s. and Swainswick (where I live) to about 20 l. expences for two dayes Free-quarter (by colour of the Generals Order dated the first of May) being the rudest and deboistest in all kinds, that ever quartered since the Warrs, and far worse then the worst of Goring’s men, whereof some of them were the dreggs, and their Captain Flower, a Cavalier heretofore in arms (as is reported) against the Parliament. Their carriage in all places was very rude, to extort money from the people, drawing out their swords, ransacking their houses, beating and threatning to kill them, if they would not give them two shillings six pence, three shillings, three shillings six pence, or at least two shillings a day for their quarters, which when extorted from some, they took Free-quarter upon others, taking two, three, and some four quarters a man: At my house they were most exorbitant, having (as their Quarter-Master told me, who affirmed to me they had twice conquered the Kingdom, and all was theirs) directions from some great ones above, from some others in the Country (intimating some of the Committee,) and their own Officers (who absented themselves purposely, that the Souldiers might have none to controll them) to abuse me. In pursuance whereof, some thirty of them coming to my house, shouting and hollowing in a rude manner on May 22, when their Billet was but for twenty, not shewing any authority, but onely a Ticket, [Mr. Prynne—20] climbed over my Walls, forced my doors, beat my servants and workmen without any provocation, drew their swords upon me, (who demanded whose Souldiers they were, by what authority they demanded Free-quarter, my house being neither Inne, nor Ale-house; and Free-quarter against Law and Orders of Parliament, and the Generals; using man, high provoking Speeches, brake some of my windows, forced my strong-beer cellar-door, and took the key from my servant, ransacked some of my chambers under pretext to search for Arms, taking away my servants clothes, shirts, stockings, bands, cuffs, handkerchiefs, and picking the money out of one of their pockets; hallowed, roared, stamped, beat the Tables with their Swords and Muskets like so many Bedlams, swearing, cursing, and blaspheming at every word; brake the Tankards, Bottles, Cups, Dishes wherein they fetched strong beer against the ground, abused my maid servants, throwing beef & other good provisions at their heads, and casting it to the dogs, as no fit meat for Souldiers, and the Heads and Conquerors of the Kingdom, as they called themselves; searched the out-houses for Turkies, which they took for their eggs and young ones, Veal and Mutton being not good enough for them: They continued drinking and roaring before, at and after Supper, till most of them were mad, drunk, and some of them dead drunk under the Table. Then they must have 14 Beds provided for them (for they would lye but two in a Bed) and all their linnen washed: My Sister answering them, that there were not so many beds in the house, and that they must be content as other Souldiers had been, with such beds as could be spared; they thereupon threatned to force open her Camber door, and to pull her and her children out of their beds, unlesse she would give them three shillings a peece for their beds, and next dayes quarters; and at last forced her for feare of their violence (being all drunk) to give them eighteen pence a peece, as soon as they were forth of doors, and six pence a peece the next day, if they marched not; whereupon they promised to trouble the House no more. Upon this agreement all but eight (who were gone to bed) departed that night, and the rest the next morning. But I going to the Lecture at the Bath, some thirty of them in my absence came about ten of the clock, notwithstanding the moneys received of my Sister for their Quarters, re-entred the house, and would have Quarters again, unlesse she would give them three shillings a peece; which she refusing, they thereupon abused and beat the servants and workemen, forced them to drink with them all that day and night, swearing, cursing, roaring like so many Furies and Devils, brake open my Parlour, Milk-house, and Garden-doors, abused my Pictures and brake an hole in one of them; and hacked my Table-boards with their Swords from one end to the other, threw the chairs, stools, meat, drink about the house; assaulted my Sister, and her little children, and Maid-servants with their naked swords, threatning to kill them, and kick them to gelly, shot at them with their Musquets, forced them out of the house to save their lives: which I hearing of, repaired to my house, and finding them all so Bedlam mad, and that they would not hearken to any reason, nor be quieted, I thereupon rode to seek their Captain and Officers at Bath, who purposely absented themselves: and not finding them till the next morning, I acquainted the Captain then (as I had done the first night by Letter) with all these unsufferable outrages of the Souldiers (contrary to the Generals Order to carry themselves civilly in their Quarters, and abuse none in word or deed) which would render him and them odious, not onely to the Country and Kingdom, but all Officers and Souldiers who had any civility in them, and be a disparagement to the Generall, by whose Proclamation he ought to be present with his Company, to keep them in good order, under pain of cashiering: And therefore I expected and required Justice and Reparations at his hands; the rather, because I was informed by some of his own Souldiers and others, that they had not been so barbarously rude, but by his incouragement which if he refused, I should complain of him to his Superiours, and right my self the best way I might. After some expostulations, he promised to make them examples, and cashier them, and remove them forthwith from my house: But the onely right I had, was, that more of his Company repaired thither, making all the spoil they could, and taking away some brasse and Pewter, continuing there till neer four of the clock; and then marched away onely out of fear I would raise the Country upon them; many of whom profered me their assistance: but I desired them to forbear till I saw what their Officers would do; who instead of punishing any of them, permitted them to play the like Rex almost in other places where they quartered since, marching but three or four miles a day, and extorting what money they could from the Country by their violence and disorders. Now, for me, or any other to give moneys to maintain such deboist Bedlams and Beasts as these (who boasted of their villanies, and that they had done me at least twenty pounds spoil in Beer and Provisions, drinking out five barrels of good strong Beer, and Wasting as much meat as would have served an hundred civil persons) to be Masters of our Houses, Goods, Servants, Lives, and all we have, to ride over our heads like our Lords and Conquerours, and take Free-quarter on us, amounting to at least a full yeers contribution, without any allowance for it, and that since the last Orders against Free-quarter, and Warrant, for paying in this Tax to prevent it for the future, issued; is so far against my Reason, Judgment and Conscience, that I would rather give all away to suppresse discard them, or cast it into the fire, then maintain such graceless wretches with it to dishonour God, enslave, consume, ruine the Country and Kingdom; who every where complain of the like insolencies; and of taking Free-quarter since the ninth of June, as above two hundred of Colonel Cox his men did in Bath the last Lords day; who drew up in a Body about the Majors house, and threatened to seise and carry him away prisoner for denying to give them Free-quarter, contrary to the New Act for abolishing it. Lastly, This pretended Act implies, that those who refuse to pay this contribution without distresse or imprisonment shall be still oppressed with Free-quarter: And what an height of oppression and injustice this wil prove, not only to distrain and imprison those who cannot in conscience, Law or prudence submit to this illegall Tax, but likewise to undo them, by exposing them to Free-quarter, which themselves condemn as the highest pest and oppression, let all sober men men consider: and what reason I and others have to oppose such a dangerous, destructive president in its first appearing to the world. In few words; As long as we keep an Army on foot, we must never expect to be exempted from Free-quarter or Wars, or to enjoy any peace or setlement: and as long as we wil submit to pay contributions to support an Army, we shall be certain our new Lords and Governors will continue an Army to over-aw and enslave us to their wils. Therefore the onely way to avoid free-quarter, and the cost and trouble of an Army, and settle peace, is to deny all future contributions.
Ninthly, The principal end of imposing this Tax to maintain the Army and Forces now raised, is not the defence and safety of our ancient and first Christian Kingdom of England, its Parliaments, Laws, Liberties and Religion, as at first; but to disinherit the King of the Crown of England, Scotland, and Ireland, (to which he hath an undoubted right by common and Statute Law; as the Parliament of 1 Jacobi ch. 1. resolves) and to levie War against him, to deprive him of it: To subvert the ancient Monarchical Government of this Realm, under which our Ancesters have always lived and flourished, to set up a New-Republick, the oppressions and grievances whereof we have already felt (by increasing our Taxes, setting up arbitrary Courts and Proceedings to the taking away the lives of the late King, Peers, and other Subjects, against the fundamental Laws of the Land, creating new monstrous Treasons never heard of in the world before, and the like;) but cannot yet enjoy or discern the least ease or advantage by it: To overthrow the ancient constitution of the Parliament of England, consisting of King, Lords, and Commons, and the Rights and Priviledges thereof: To alter the fundamental Laws, Seals, Courts of Justice of the Realm, and introduce an arbitrary government at least, if not Tyrannical, contrary to our Laws, Oaths, Covenant, Protestation,a publick Remonstrances and Engagements to the Kingdom and forreign States, not to change the Government, or attempt any of the Premises. All which being no less then High Treason by the Laws and Statutes of the Realm (as Sir Edward Cook in his 4. Institutes ch. 1. and Mr. St John in his Argument at Law, upon passing the Bill of Attainder of the Earl of Strafford (both printed by the Commons special Order) have proved at large by many Precedents, Reasons, Records; and so adjudged by the last Parliament in the cases of Strafford and Carterbury, who were condemned and executed as Traitors by Judgment of Parliament, and some of these now sitting, but for some of those Treasons upon obscurer Evidences of guilt, then are now visible in other: I cannot submit thereto, without incurring the Crime and Guilt of these severall High Treasons, and the eternal, if not temporal punishments incident thereunto, if I should volutarily contribute so much as one penny or farthing towards such Treasonable and disloyal ends as these, against my Conscience, Law, Loyalty and Duty, and all my Oaths and Obligation, to the contrary.
Tenthly, The payment of this Tax for the premised purposes, will (in my poor judgment and conscience) be offensive to God and all good men, scandalous to the Protestant Religion, dishonourable to our English Nation, and disadvantagious and destructive to our whole Kingdom, hindering the speedy settlement of our Peace, the re-establishment of our Laws and Government, abolishing of our Taxes, disbanding of our Forces, revivall of our decayed Trade, by the renewing and perpetuating our bloody uncivill Warrs; engaging Scotland, Ireland, and all forreign Princes and Kingdoms in a just War against us, to avenge the death of our late beheaded King, the dis-inheriting of his posterity, and restore his lawfull Heirs and Successors to their just, undoubted Rights, from which they are now forcibly secluded; who will undoubtedly molest us with continuall Warrs (what-ever some may fondly conceit to the contrary) till they be setled in the Throne in peace upon just and honorable terms, and invested in their just possessions. Which were far more safe, honorable, just, prudent, and Christian for our whole Kingdom voluntarily and speedily to do themselves, then to be forced to it at last by any forraign Forces; the sad consequences where of we may easily conjecture, and have cause enough to fear, if we now delay it, or still contribute to maintain Armies to oppose their Titles, and protect the Invaders of them from publick Justice. And therefore I can neither in conscience, piety nor prudence, ensnare my self in the guilt of all these dangerous consequences, by any submission to this illegall Tax.
Upon all these weighty Reasons, and serious grounds of Conscience, Law, Prudence, (which I humbly submit to the Consciences and Judgments of all conscientious and Judicious persons, whom they do or shall concern) I am resolved by the assistance and strength of that Omnipotent God (who hath miraculously supported me under, and carried me through all my former sufferings for the Peoples publick Liberties with exceeding joy, comfort, and the ruine of my greatest enemies and Opposers) to oppugne this unlawfull Contrbution, and the payment of it to the uttermost, in all just and lawfull wayes, I may; And if any will forcibly levie it by distresse or otherwise, without Law or Right (as Theeves and Robbers take mens goods and Purses) let them doe it at their own utmost perill. I trust God and men will in due season do me justice upon them, and award me recompence for all their injuries in this kinde, or any sufferings for my Countries Liberties. How-ever, fall back, fall edge, I would ten thousand times rather lose life, and all I have, to keep a good conscience, and preserve my native Liberty, then part with one farthing, or gain the whole world with the losse of either of them; and rather die a Martyr for our Ancient Kingdom, then live a Slave under any new Republick, or remnant of a broken, dismembred, strange Parliament of Commons, without King, Lords, or the major part of the Knights, Citizens and Burgesses of the Realme, in being subject to their illegall Taxes, and what they call Acts of Parliament, which in reality are no Acts at all to binde me, or any other subject, to obedience, or just punishment for Non-obedience thereunto, or Non-conformity to what they stile the present Government of the Armies modeling, and I fear, the Jesuites suggesting, to effect our Kingdoms and Religions ruine.
Psal. 26. 4, 5.
I have not sate with vain persons, neither will I go in with Dissemblers: I have hated the Congregation of evill doers, and will not fit with the wicked.
A POSTCSRIPT.
SInce the drawing up of the precedent Reasons, I have met with a printed Pamphlet, intituled, An Epistle written the 8th day of June, by Lieutenant Colonel John Lilburn, to Master William Lenthal Speaker to the remainder of those few Knights, Citizens and Burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster, (as most fit for his and his Masters designes, to serve their ambitious and tyrannicall ends, to destroy the good old Laws, Liberties and Customs of England, the badges of our Freedom, as the Declaration against the King, of the 7th of March, 1648. p. 23. calls them) and by force of Arms to rob the people of their lives, estates and properties; and subject them to perfect vassallage and slavery, &c. who (and in truth no otherwise) pretendedly stile themselves, The Conservators of the Peace of England, or the Parliament of England, intrusted and authorized by the consent of all the people thereof, whose Representatives by Election (in their Declaration last mentioned, p. 27. they say) they are; although they are never able to produce one bit of Law, or any piece of a Commission to prove, that all the people of England, or one quarter, tenth, hundred or thousand part of them authorized Thomas Pride, with his Regiment of Souldiers, to chuse them a Parliament, as indeed it hath de facto done by this PRETENDED MOCK-PARLIAMENT: And therefore it cannot properly be called the Nations or Peoples Parliament: but Col. Prides and his Associat, whose really it is: who, although they have beheaded the King for a Tyrant, yet walk in his oppressingest steps, if not worse and higher.
In this Epistle, this late great champion of the House of Commons, and fitting Juncto’s Supremacy, both before and since the Kings beheading, who with his Brothera Overton and their Confederates, first cryed them up as, and gave them the Title of The Supreme Authority of the Nation: The onely Supreme Judicatory of the Land: The onely formall and legall Supreme power of the Parliament of England, in whom alone the power of binding the whole Nation by making, altering, or abrogating Laws, without either King or Lords, resides, &c. and first engaged them by their Pamphlets and Petitions, against the King, Lords, and Personall Treaty, (as he and they print and boast inb this Epistle, and other late Papers) doth in his own and his Parties behalf (who of late so much adored them, as the onely earthly Deities and Saviours of the Nation) now positively assert and prove
First, ‘Thatc Commissary General Ireton, Colonel Harrison, with other Members of the House, and the General Councel of Officers of the Army, did in several Meetings and Debates at Windsor, immediately before their late march to London to purge the House, and after at White-hall, commonly stile themselves the pretended Parliament (even before the Kings beheading) a MOCK PARLIAMENT, a MOCK POWER, a PRETENDED PARLIAMENT; & NO PARLIAMENT AT ALL: And that they were absolutely resolved and determined TO PULL UP THIS THEIR OWN PARLIAMENT BY THE ROOTS, and not so much as to leave a shadow of it; yea, and had done it, if we (say they) and some of our then FRIENDS in the House, had not been the Principal Instruments to hinder them: We judging it then of two evils the least, to chuse rather to be governed by THE SHADOW OF a PARLIAMENT, till we could get a reall and a true one (which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect) then simply, solely and onely by the will of swords-men, whom we had already found to be men of no very tender consciences.
If then these leading, swaying members of the new pretended purged Commons Parliament and Army, deemed the Parliament even before the Kings beheading, a Mock-parliament, a mock-power, a pretended Parliament, yea, no parliament at all; and absolutely resolved to pull it up by the roots as such, then it necessarily follows, First, That they are much more so after the Kings death, and their suppression of the Lords House, and purging of the Commons House to the very dregs, in the opinions and consciences of those now sitting, and all other rationall men. And no wayes enabled by Law to impose this or any other new Tax or Act upon the Kingdom, creating new Treasons and Penalties. Secondly, that these grand saints of the Army and Stearsmen of the Pretended Parliament knowingly sit, vote and act there against their own judgements and consciences, for their own private, pernicious ends. Thirdly, that it is a baseness, cowardize, and degeneracy beyond all expression, for any of their fellow-members now acting, to suffer these Grandees in their Assembly & Army, to sit or vote together with them, or to enjoy any Office or command in the Army, or to impose any tax upon the People to maintain such Officers, Members, Souldiers, who have thus villified, affronted their pretended Parliamentary Authority, and thereby induced others to contemn and question it: and as great a baseness in others for to pay it upon any terms.
‘Secondly he there affirms that(d) Oliver Crumwel by the help of the Army at their first Rebellion against the Parliament, was no sooner up, but like a perfidious, base, unworthy man, &c. the House of Peers were his only white boys, and who but Oliver (who before to me had called them in effect both Tyrants and Usurpers) became their Proctor, where ever he came; yea and set his son Ireton at work for them also; insomuch that at some meetings, with some of my friends at the Lord Whortons lodgings, he clapt his hand upon his breast, and to this purpose, professed in the sight of God upon his consetence, THAT THE LORDS HAD AS TRUE A RIGHT TO THEIR LEGISLATIVE & JURISDICTIVE POWER OVER THE COMMONS AS HE HAD TO THE COAT UPON HIS BACK, and he would procure a friend, viz. Master Nathaniel Fiennes, should argue and plead their just right with any friend I had in England. And not only so, but did he not get the General and Councel of War at Winsor (about the time that the Votes of no more addresses were to pass) to make a Declaration to the whole world, declaring, THE LEGAL RIGHT OF THE LORDS HOUSE, & THEIR FIXED RESOLUTION TO MAINTAIN & UPHOLD IT? which was sent by the General to the Lords by Sir, Hardresse Waller: and to indear himself the more unto the Lords in whose house without all doubt he intended to have sate himself, he requited me evil for good; and became my enemy to keep me in Prison, out of which I must not stirre, unless I would stoop and acknowledge the Lords jurisdiction over Commoners; and for that end he sets his agents and instruments at work to get me to do it: yet now they have suppressed them.
Whence it is most apparent, 1. That the General, Lieutenant Generall Cromwel, Ireton, Harrison, and other Officers of the Army now sitting as Members, and over-ruling all the rest, have wittingly acted against their own knowledges, Declarations, Judgments, Consciences in suppressing the Lords House; and depriving them of ther Legislative and Jurisdictive Right and power, by presuming to make Acts, passe sentences, and impose Taxes without them, or their assents in Parliament. 2. That this Tax enforced upon the Commons and Kingdom, for their own particular advantage, pay and enrichment, is in their own judgment and conscience, both unjust and directly contrary to the Laws of the Realm, being not assented to by the Lords: and therefore to be unanimously and strenuously opposed by all who love their own or Countries Liberties, or have any Nobility, or Generosity in them.
‘Thirdly, he(e) there asserts in positive terms in his own behalf, and his confederates; That the purged Parliament now sitting, is but a pretended Parliament, a mock-Parliament; yea, and in plaine English, NO PARLIAMENT AT ALL, but the shadow of a Parliament. That those Company of men at Westminster, that gave Commission to the High Court of Justice to try and behead the King, &c. were no more a Parliament by Law or Representatives of the People, by the rules of Justice and Reason, then such a company of men are a Parliament or Representative of the People, that a company of armed Theeves choose and set apart to try, judge, condemne, hang or behead any man that they please, or can prevaile over by the power of their Swords, to bring before them by force of arms, to have their lives taken away by pretence of JUSTICE, grounded upon rules meerly flowing from their Wills and Swords. That no Law in England authoriseth a company of servants to punish and correct their Masters, or to give a Law unto them, or to throw them at their pleasure out of their power, and set themselves downe in it; which is the Armies case with the Parliament, especially at Thomas Pride’s late purge, which was an absolute dissolution of the very Essence and being of the House of Commons: to set up indeed a MOCK-POWER, and a MOCK-PARLIAMENT; by purging out all those, that they were any way jealous of, would not Vote as they would have them; and suffering and permitting none to sit but (for the Major part of them) a company of absolute School-boys, that will, like good Boys, say their Lessons after them their Lords and Masters, and vote what they would have them: and so be a skreen betwixt them and the people, with the name of Parliament, and the shadow and imperfect image of Legal and Just Authority to pick their pockets for them by Assessments and Taxations; and by their arbitrary and tyrannical Courts and Committees (the best of which is now become a perfect Star-chamber, High-Commission, and Councel-board) make them their perfect slaves and vassals. With much more to this purpose.
If then their Principal admirers, who confederated with the Army, and those now sitting, in all their late proceedings; and cryed them up most of any, as the Parliament and supreme Authority of England before, at, and since the late force upon the House, and its violent purgation, do thus in print professedly disclaim them, for being any real Parliament or House of Commons, to make Acts or impose Taxes upon the people; the secluded Members, Presbyterians, Royallists, and all others, have much more cause and ground to disavow and oppose their usurped Parliamentary authority and illegal Taxes, Acts, as not made by any true English Parliament, but a Mock-Parliament only.
Fourthly, He therein futher avers:(f) ‘That the death of the King, in Law indisputably dissolves this Parliament, ipso facto, though it had been all the time before never so intire and unquestionable to that very hour. That no Necessity can be pretended for the continuance of it; the rather, because the men that would have it continue so long as they please, are those who have created these necessities on purpose, that by the colour thereof they may make themselves great and potent. That the main end wherefore the Members of the Commons house were chosen and sent thither, was, To treat and conferr with King Charles and the House of Peers, about the great affairs of the Nation, &c. And therefore are but a third part, or third estate of that Parliament, to which they were to come and joyn with, and who were legally to make permanent and binding Laws for the people of the Nation. And therefore having taken away two of the three Estates that they were chosen on purpose to joyn with to make laws, the end both in reason and law of the peoples trust is ceased: for a Minor joyned with a Major for one and the same end, cannot play Lord paramount over the Major, and then do what it please; no more can the Minor of a Major; viz. one Estate of three, legally or justly destroy two of three, without their own assent, &c. That the House of Commons sitting freely within it’s limited time, in all its splendor of glory, without the awe of armed men, neither in Law, nor in the intention of their Choosers were a Parliament; and therefore of themselves alone have no pretence in Law to alter the constitution of Parliaments, &c. concluding thus: For shame let no man be so audaciously or sottishly void of reason, as to call Tho. Prides pittifull Junto A PARLIAMENT, especially those that called, avowed, protested and declared again and again those TO BE NONE that sate at Westminster, the 26, 27. &c. of July 1647. when a few of their Members were scared away to the Army, by a few hours tumult of a company of a few disorderly Apprentices. And being no representative of the People, much lesse A PARLIAMENT, what pretence of Law, Reason, Justice or Nature can there be for you to alter the constitution of Parliaments, and force upon the people the shew of their own wills, lusts and pleasures for Lawes and Rules of Government, made by a PRETENDED EVERLASTING, NULLED PARLIAMENT, a Councel of State, or Star-Chamber and a Councel of War, or rather by Fairfax, Cromwell and Ireton.
Now if their own late confederates and creatures argue thus in print against their continuing a Parliament, Jurisdiction. Proceedings, Taxes, and arbitrary pleasures, should not all others much more doe it, and oppose them to the utmost upon the selfe-same ends?
‘Fifthly, He there likewise affirmes,(g) that those now sitting at Westminster have perverted the ends of their trusts then ever Strafford did: 1. In not easing the people of, (but encreasing) their greivances. 2. In exhausting their Estates to maintain and promote pernicious Designes to the peoples destruction. The King did it by a little Ship-mony & Monopolies; but since they began, they have raised and extorted more mony from the People and Nation then half the Kings since the Conquest ever did; as particularly: 1. By Excise, 2 Contributions. 3 Sequestrations of lands to an infinite value. 4. Fift part. 5 Twentyeth parts. 6 Meal-mony. 7 Sale of plundered goods. 8 Loanes. 9 Benevolencies. 10. Collections upon their fast days. 11 New impositions or customs upon Merchandize, 12 Guards maintained upon the charge of private men. 13 Fifty Subsidies at one time. 14 Compositions with Delinquents to an infinite value. 15 Sale of Bishops lands. 16 Sale of Dean and Chapters lands: and now after the wars are done. 17 Sale of King, Queen, Prince, Duke and the rest of the Childrens revenues. 18 Sale of their rich goods which cost an infinite sum. 19 to conclude all, a Taxation of ninety thousand pounds a month: and when they have gathered it pretendingly for the Common-wealths use, divide it by thousands and tenn thousands a peece amongst themselves, and wipe their mouthes after it, like the impudent Harlot, as though they had done no evill; and then purchase with it publick Lands at small or trivial values: O brave Trustees! that have protested before God and the world, again and again in the day of their straits they would never seek themselves, and yet besides all this divide all the choicest and profitablest Places of the Kingdom among themselves. Therefore when I seriously consider, how many men in Parliament and elsewhere by their Associates (that judge themselves the onely Saints and Godly men upon the earth) that have considerable (and some of them vast) estates of their own inheritance, and yet take five hundred, one, two, three, four, five thousand pounds per annum Salaries, and other comings in by their places, and that out of the too much exhausted Treasury of the Nation, when thousands not only of the people of the world, as they call them, but also of the precious redeemed lambs of Christ, are ready to starve for want of bread, I cannot but wonder with my self, whether they have any conscience at all within them or no; and what they think of that saying of the spirit of God, That whoso hath this worlds goods, and seeth his brother hath need, and shutteth up his bowels of compassion from him (which he absolutely doth that any way takes a little of his little from him) how dwelleth the love of God in him) 1 Iohn 3. 17. These actions and practices are so far from being like the true and reall children of the most High, that they are the highest oppression, theft and murther in the world, to rob the poor in the day of their great distresse by Excise, Taxations, &c. to maintain their pomp, superfluities and debauchery when many of those from whom they take it, do perish and starve with want & hunger in the meantime, and be deaf and Adamant-hearted to all their TEARES, CRYES, LAMENTATIONS, MOURNFUL HOWLINGS, GROANES. Without all doubt, these pretended, Godly Religious men, have got a degree beyond those Atheists or Fools, that say in their hearts, there is no God. Psal. 14. 1. and 53. 1. 3. In quite destroying the peoples essentiall Liberties Laws and Freedoms, & in leaving them no Law at all (as M. Peters their grand Teacher averred lately to my face we had none) but their meer will and pleasures; saving Fellons Laws, or Martiall Law, where new Butchers are both Informers, Parties, Jury-men and Judges, who have had their hands imbrewed in blood for above seven these years together, having served an apprentiship to killing of men for nothing but money, and so are more bloody then Butchers that kill sheep and calves for their own livelihood; who yet by the Law of England, are not permitted to be of any Jury for life and death because they are conversant in shedding of blood of beasts, and thereby through a habit of it may not be so tender of the blood of men, as the Law of England, Reason and Justice would have them to be. Yea, do not these men by their swords, being but servants, give what Laws they please to their Masters the pretended Law-makers of your House, now constituted by as good and legall a power as he that robs and kills a man upon the highway.
‘And if this be the verdict of their own Complices & Partizans concerning them & their proceedings, especially touching their exhausting our Estates by Taxes, and sharing them among themselves in the time of famine and penury (is the great Officers of the Army and Treasurers who are Members now doe, who both impose what Taxes they please, and dispose of them to themselves and their creatures as they please, contrary to the practice of all former ages, and the rules of reason and justice too) are not all others bound by all bonds of conscience, Law, Prudence to withstand their impositions and Edicts unto death, rather then yeild the least submission to them?
Sixthly, He there avers, proves and offers legally to make good, before any indifferent Tribunal that ‘the(h) Grandees and overruling Members of the House and Army are not only, a pack of dissembling, Jugling Knaves and Machevillians, amongst whom in consultation hereafter he would ever scorn to come, for that there was neither faith, truth nor common honesty amongst them: but likewise Murtherers; who had shed mens blood against Law, as well as the King, whom they beheaded; and therefore by the same Texts and arguments they used against the King, their blood ought to be shed by man, and they to be surely put to death without any satisfaction taken for their lives, as Traytors, Enemies, Rebels to, and(i) conspirators against the late King (whom they absolutely resolved to destroy though they did it by Martial Law) Parliament, Kingdome and the peoples Majesty and Soveraignity; That the pretended House and Army are guilty of all the late crimes in kinde, though under a new Name and notion, of which they charge the King in their Declaration of the 17. of March 1648. that some of them more legally deserve death, then ever the King did: and considering their many Oathes, Covenants, Promises, Declarations, and Remonstrances to the contrary (with the highest promises and pretences of good for the people and their declared Liberties that ever were made by men) the most perjured, pernicious, false, faith and Trust-breakers, and Tyrants that ever lived in the World: and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed, by how much more under the pretence of friendship and brotherly kindness they have done all the mischeife they have done in destroying our Lawes and liberties; there being no Treason like Judas his Treason, who betrayed his Lord and Master with a kisse, &c. And shall we then submit to their Taxes and new Acts, or trust them with our estates, lives, liberties, and the supreme power, if such now in their own fate adorers eyes?
Seventhly, He there asserts,(k) That whosoever stoops to their new change of Goverment and Tyranny, and Supports it, is as absolute a Traytor both by Law and Reason, as ever was in the world; If not against the King, PRINCE CHARLES, (heir apparent to his Fathers Crown and Throne) yet against the peoples Majesty and Soveraignty. And if this be true, as it is, That this purg’d Parliament IS NO PARLIAMENT AT ALL; then there is neither legal Judges nor Justices of Peace in England. And if so, then all those that are executed at Tiburn &c. by their sentence of condemnation are meerly murthered, and the Judges and Justices that condemned them are liable in time to be hanged (and that justly) therefore for acting without a just and legal Commission: either from TRUE REGAL OR TRUE PARLIAMENTARY POWER: (except in corporations only where they proceed by ancient Charters in the Ancient Legal form).
And if this be Law and(l) Gospel (as no doubt it is) then by the same reason, not only all legal proceedings, Indictments, Judgments, Verdicts, Writs, Tryals, Fines, Recoveries, Recognisances, and the like before any of our new created Judges and Justices since the Kings beheading in any Courts at Westminster, or in their Circuits, Assisses, or quarter Sessions, held by new Commissions, with all Commissions and Proceedings of Sheriffs, are not only meerly void, illegal, & coram non judice to all intents, with all Bills, Decrees, and Proceedings in Chancery, or the Rolls; and all Judges, Justices Sheriffs, now acting, and Lawyers practising before them in apparent danger of High-Treason both against King, Kingdom, they neither taking the Oathes of Judges, Supremacy or Allegiance as they ought by Law; but only to be true and faithful to the new Erected State; but likewise all votes and proceedings before the pretended House or any of their Committees, or Sub-Committees in the Country, with all their Grants and Offices, Moneys, Salaries, Sequestrations, Sales of Lands or goods, Compositions &c. meer Nullities and illegal acts, and the proceedings of all active Commissioners, Assessors, Collectors, Treasurers, &c. and all other Officers imployed to levy and to collect this illegal tax to support that usurped Parliamentary Authority, and Army, which have beheaded the late King, dis-inherited his undoubted Heir, levyed war against and dissolved the late Houses of Parliament, subverted the ancient Government of this Realm, the constitution and Liberties of our Parliaments, the Lawes of the Kingdom, with the Liberty and property of the people of England, no less then High Treason in all these respects, as is fully proved by Sir Edward Cook in his 3. Institutes, ch. 1. 2. and by Mr. St. John in his Argument at Law at the attainder of the Earl of Strafford, both published by the late Commons House Order; which I desire all who are thus imployed, to consider; especially such Commissioners who take upon them to administer a new unlawful Ex-Officio Oath to any to survey their Neighbours and their own estates in every parish, and return the true values thereof to them upon the new prov’d rate for the 3 last months contribution, and to fine those who refuse to do it (a meer diabolical invention to multiply perjuries to damne mens souls, invented by Cardinal Woolly, much enveighed against by Father Latimer in his Sermons, condemned by the expresse words of the Petition of Right providing against such Oathes; and a snare to enthrall the wealthier sort of people by discovering their estates, to subject them to what future Taxes they think fit) when as the whole House of Commons in no age had any power to administer an Oath in any case whatsoever, much lesse then to conferre any authority on others to give such illegall Oathes, and fine those who refuse them, the highest kind of Arbitrary Tyranny both over mens Consciences, Properties, Liberties; to which those who voluntarily submit deserve not only the name of Traytors to their Country, but to be(m) boared through the ear, and they and their posterities to be made Slaves for ever to these new Tax masters and their Successors; and those who are any wayes active in imposing or administring such Oathes, and levying illegall Taxes by distresse or otherwise, may and will undoubtedly smart for it at last; not only by Actions of Trespasse, false Imprisonment, Accompt, &c. brought against them at the Common Law, when there will be no Committee of Indemenity to protect them from such suits, but likewise by inditements of High Treason, to the deserved losse of their Estates, Lives, and ruine of their families when there wil be no Parliament of purged Commoners, nor Army to secure, nor legal plea to acquit them from the guilt and punishment of Traytors both to their King and Country; pretended present sordid fear of loss of Liberty, Estate, or the like, being non excuse in such a case and time as this, but an higher aggravation of their crime: theo FEARFUL being the first in that dismall list of Malefactors, who shall have part in the lake which burneth with fire and brimstome, which is the second death; even by Christs own sentence.
John 18.34.
To this end was I born, and for this cause came I into the world, that I should bear witnesse unto the truth.
T.204 (6.21) Richard Overton, The Baiting of the Great Bull of Bashan (16 July 1649).↩
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Bibliographical Information
ID NumberT.204 [1649.07.16] (6.21) Richard Overton, The Baiting of the Great Bull of Bashan (16 July 1649).
Full titleRichard Overton, The Baiting of the Great Bull of Bashan. Unfolded and presented to the Affecters and approvers of the petition of the 11. Sept. 1648. Especially to the Citizens of London usually meeting at the Whale-bone in Lothbury behind the Royal Exchange, Commonly (though unjustly) styled Levellers. By Richard Overton Close-prisoner in the Tower of London.
Psal. 22. 12. 13. Psal. 68. 28. 30.
Many Bulls have compassed me: strong Buls of Bashan have beset me round.
They opened their mouths against me as a ravening and a roaring Lion.
--- Strengthen O God that which thou hast wrought for us. Rebuke the Company of Spearmen, the multitude of the Bulls, with the Calves of the people til every one submit. Scatter thou the people that delight in war.
Imprinted at London, 1649.
Estimated date of publication16 July 1649.
Thomason Tracts Catalog informationTT1, p. 757; Thomason E. 565. (2.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
BEING necessitated (by some over-sudden misdeemings from amongst you) some few dayes since to assert and avow the continuance of my integrity to those sure foundations of Peace and Freedom, offered to the people of this Nation under the forme or draught of an Agreement of the People, May 1. 1649.
It hath happened with me, as with other adventurers into the publick: All pallates are not pleased with that Sheet intituled Overtons Defiance etc. yet falleth it out no other wise then I expected; it seems many are weak and as many are offended, and chiefly with that figurative passage of the Bull; especially at the word Pox; but they need not much, did they but also take into their thoughts, the adulterous and wicked generation, on whom that Metaphor is made good, a people whose heart is waxed grosse, and their ears dull of hearing, having closed their eyes, least at any time they should see, hear, understand and be converted.
To such a people Christ spake not but in Parables: why then to such might not I use the Figure of the Bull of Bason, or rather of the Bull-baiting, with all the circumstances Emphasis Gratia thereunto appertaining? But ther’s uncivill language, such as becommeth not the Gospell of Christ. I answer (my Brethren) he or she (how pure or nice soever to the eye) that is not guilty of reall grosse incivilities both in word and deed, let him or her throw the first stone at that seeming incivillity, for at most you can make it but so in appearance, and no like is the same. The figure is but the shell; will you not crack the shell to take out the kernell? passe through the Parable to the Morall thereof? I, but it jears and thats not the language of Canaan; and be it so: Is it not recorded that Ellah mocked the Priests of Baal, and said, Cry aloud for he is god, either he is talking or he is pursuing his Enemy, or he is in a journey, or peradventure he sleepeth, and must be waked.
Sure this was a jear to some purpose: here Ellah bid them cry aloud etc. and ’tis justified; then why now may I not cry ha-looe-ha-looe, etc. and not be condemned? What if I had turn’d Fidler in that Paper, Christ himselfe useth the simile of a Piper, saying, we have Piped unto you and ye have not danced (Mat. II. 17.) And truly I think we (the four poor Sea-green Fidlers in the Tower) may take up the same saying, We have Piped unto you ever since the first of May, the most pleasant tune of the AGREEMENT of the PEOPLE, but yee have not danced up so roundly as so sprightly a tune deserves. But you will say (it may be) I am still in the language of Ashdod (as perchance you may take it) or that this Dialect is of Consanguinity with the other: Tis true; things (however in themselves) are to others as they are taken. He that should take the Parable of Dives and Lazarus in the bare letter (how known Cannonical soever in its own genuine sence) he must explode it the Scriptures and at best give it but a place in the Apocrypha, for the Letter or character thereof (if that must be the sense) is contradictory to the body of divinity, except you wil say, to beleeve that the rich Glutton and the Begger left not their eyes, tongues, fingers, etc. in the grave is Orthodox. And so of my Metaphor of the Bull, the use of the word Genitals, Pox, etc. you may say is uncivill in the Letter, but how uncivill I pray in the Morall? Know yee not that whosoever shall but fasten on the Genitors or Parents of the peoples ruine, so, as to pinch the grand Imposters and deluders of the times, he burns his Fingers, is smit with the Morbus Gallicus of the enslaving Sword; For, what’s he, that is precisely honest to the Common-wealth, that can scape persecution? As it hath been of old and is still in things spirituall, He that will live godly in Christ Jesus shall suffer persecution; so he now, that will but faithfully discharge his duty to the publick, shall be sure to be cast upon the Fiery Tryall, that Dogs mouth (as after the Metaphor) shall be sure to be burnt, and tis well he scapes hanging as the time goes.
Now I pray, to how much incivility doth this amount? Is it so worthy your second condemnings as it may not be indulg’d with a favourable eye? Love envyeth not, it judgeth the best; I had thought with two or three merry Jiggs to attempt an uproar in all the laughers in England, but I see you are a company of dull souls, mirth with you is like a Shoulder of Mutton to a sick Horse, or worse, you strait convert into malancholy, trample it under your feet, turne againe, and are (some of you) ready to rent me; He that had cast Pearls before Swine could have expected no lesse.
Indeed, you looked (many of you) upon me as in a Sownd at my close Imprisonment; but truly, when I came abroad with that ignorant Sheet, it found you in a dead sleep, as men in a Trans, portending, as if the Champions of the Eleventh of September had been Sparrow-blasted with the businesse of Burford: and I essayed, to put you out of your dumps, and mind you of the Agreement of the People as the center, or ne plus ultra of all our Engagements; but it seems it proved but as musick to the house of Mourning; yet however, it hath so far gained its end; if by it you wil not be provoked to your duties equally with us, it hath awaked you into a little discourse pro and con, though it be but to point at my weaker parts, and that’s better then nothing, if rightly applyed, for ex nihilo nil fit: by this you may take notice of your own infirmities in so wire-drawing of mine: Certainly, it may provoke you to consider of what spirits you are, not unlike such as strain at a Gnat and swallow a Camel, that usually in any discourse passe over what concemeth themselves, though of never so serious and weighty consideration in point of their duties, and betake themselves wholly to spye out the spots and infirmities thereof, and of the Author, and fall foul thereupon, and so sleight their duties, stifle and smother the thing that is good: And now (my tender friends) I pray tell me what Spirit is this? ’tis a foul spirit, away with’t for shame; go purge, goe purge; one penniworth of the Agreement of the people, with a little good resolution taken morning and evening, will work out this corruption, cleanse and purifie the bloud, and put a period to this distinction of parties, allay the feude and division of the people, and state us in firme Freedom, Safety and Peace; and then there will be none of this catching and carping, this lying in wait to snap at infirmities; and till the Agreement be setled, this is not to be expected.
I have known, when things as unserious as my last sheet, drest out in the youthfull attire of mirth, hath found a very large acceptance not only with you, but even with this generation of men, that are now the Enemies of the People; and I think if I have not forgot the Arrangnment of Persecution, and some other things of that nature, that I myself have been one of those who have had the honour of such acceptances: But O tempora! O Mores! how few are the same yesterday and to day? successe changeth mens minds as the wind doth the weathercock.
But (my friends) your gravity (which I am affraid hath too much of Melancholy in it) cannot more move me to a more serious Dialect, then my own affections incline me, I prize both in their places; as I affect the one, I respect the other: for sure, modest mirth tempered with due gravity makes the best composition, most naturall and harmonious: God in the temper of our natures as he hath made us Earth, so hath he enlivened that dull lump with the Element of Fire, which is the forma formans, the giver and preserver of being and motion, and the Original of that habit of laughter: Therefore Mirth sure is of Divine instinct, and I think I may boldly say, more naturall then Melancholy, and lesse savours of the Curse. Nature in its Creation was pure and good, void of corruption, or any thing obnoxious or destructive: all misery and mischiefs came in with the fall, as a Curse upon the Creature, as Death, sorrow, tears, pains, etc, in which number you may reckon Melancholy, for ’tis both unnaturall and destructive to nature, and so fitly reputed a branch of the Curse, and ’tis the root of the root of all wickednesse, Coveteousnesse; for where have you seen a Melancholy man that’s not covetous? and a covetous man seldom proves a good Common-wealths man: yet this ill Weed is gotten into so religious an esteem that all our Religion is turn’d into Melancholy; that, he that cannot whine, pipe, weep and hang down his head like a Bulrush and seem sad unto men, is prophane, light, hath not any thing of God in him, is a Reprobate, is condemned and censured of all, as neither fit for Church nor Common-wealth; And thus comes it to passe; my mirth is heightened to such a transgression, even to cast me under the present Anathama of the now godly party.
But my Brethren of the Sea green Order, take a little wine with your water, and Ile take a little water with my wine, and it will temper us to the best constitution. I wonder what meaneth your late dulnesse of motion, appearing as men in a dream, or as if you were another sort of people then the Authors, promoters, approvers and presenters of the Petition of the 11 of Sept. that people use to be the most active and vigorous People in England for publick Freedom and safety, they use to fear no colours, the more they were prest down the more they prest forward, and the more they encreased; few months have passed that they have not in point of Common-Right produced some eminent peece: but your heads have drooped of late, nothing hath appeared, not one punctilio in supportation and promotion of the Agreement; deep silence hath covered you; fie, fie; be not cow’d out of your abilities and principles by the present rage of the wicked: compare but the strength of your principles and the strength of an Army, and tell me which is stronger: How many persecuting powers have fallen before your principles as Dagon before the Ark? and who hath been able to stand before them, even from Episcopacy to this whited and Jesabel like painted Independency? Think you, that this unparallell’d tyranny, under this new name, more fierce and cruel then his fellows, trampling the residue under its feet, that it shall scape the vengeance of Gods wrath more than its Predecessors? no, no; Gods Motto is Semper Idem. Be not therefore dismayed or daunted at the height and magnificence of this insolent faction, the new sons of Perdition, that are set up to deceive if it were possible the very Elect.
It is your own evill and weaknesses and of those that are Professors and pretenders to the same principles with you, that our Cause is thus under a Cloud: would you all act together, all suffer together, all be as one; and not thus (as some amongst you Commonally use) hang back in the adversity, and be seen in the Van of Prosperity (not daring when the storme rageth, to peep into the tempest for fear of being blowne away) we should not be at this passe with our Cause.
Where there is any thing of venture or hazard, while ’tis in the Embrio, who’s not then busie and forward? but when ’tis put upon the personall test for execution, O then one hath bought a piece of ground, and must be excused; another a yoke of Oxen, and he must goe see them; and a third hath marryed a wife and therefore must please her.
Friends, be not offended, this is a crime deserves your repentance; I condemn you not all, it is but some few; A little Leaven you know leaveneth the whole Lump; therefore do ye beware of the Leaven of the pharisees, it much retardeth your motions and blasteth their fruits; the publick is a loser thereby, and your Cause receiveth dammage: let those whom this pincheth, be thereby provoked to amendment, it is worthy their care: For know you not, that it is many hands make light work? If the stresse or weight of the work be laid upon one, or some 3 or 4, it must needs goe on slowly: Why, is not he that’s most backward as forward as the best? it is his Cause as much as it is any mans, and thereto in duty as much obliged as any. We are no more concerned than your selves, ’tis but upon the point of common duty (which binds all) to our Country, that we suffer, and we count it our Joy, for that we know we suffer for well-doing, and though we perish in the Work, our Reward shall goe with us, for our Redeemer liveth, and that is our stay. Therefore why stand you still, and are not provoked to this good Emulation; be as active and vigilant, and you shall share in the rejoycing, and ’tis such (I must tell you my Friends) is worth your having; Dulce est pro patria pati.
Fear not those Hils and Mountains that are in your way; it is but your want of faith that they are not removed, and cast into the bottome of the sea: While you lift up your heads, are vigorous and active, your principles present you as Steeples above the rest of the people; every man is a strong Barricado in the way of the Enemy, and your principles flourish and get ground but when you are fearfull, are flat or remisse, then they retire and fade; for they are said to increase or diminish, as they get or lose ground in the understanding or acceptance of others: And this ever take as a sure Rule, That the most vertuous and saving principles in a person most undaunted and faithfull, the more they are supprest, and the more he is persecuted, the more they prosper and spread; of so mighty an efficacy are his sufferings and testimony; as, in the case of Paul is witnessed. Now I would (saith he) ye should understand, Brethren, that the things that hapned unto me, have faln out rather to the furtherance of the Gospel; so that my bonds in Christ are manifest in all the Pallace, and in all other places, and many of the Brethren the Lord waxed confident by my Bonds, are much-more bold to speak the Word without fear: And this is all the persecutor gaineth upon the undaunted Asserters of righteousness; his own sword is turned into his own bowels: persecution, as the Viper, devoureth its own parent. Then faint ye not (my friends) rouse up your heads and be valiant; lift up your Agreement of the people again, and put it upon the publick stage for promotion and subscription, and doubt not: What man that there is amongst you, that is fearfull and faint-hearted, let him depart your Meetings, and return to his house: the more the Enemy stormeth, the more resolute and vigorous be ye; give them enough of persecution; the more they persecute, the more doe ye appear, that your Bands may be famous; for with fetters, Irons, and prison walls you may shake them to pieces; ’tis their tyrannies, cruelties and oppressions must be their Fall, through which you must eat your way for the Agreement.
I highly honor the fidelity and valor of Mr. Chrestopher Chisman, who notwithstanding his Imprisonment, his abuses and sufferings, hath not wrapt up his talent in a napkin, but like a good and faithful servant hath improv’d his imprisonment to the publick advantage; see his Book, entituled, The Lamb contending with the Lion, ’tis worthy your imitation. Let your light (as his) so shine before men, that they may see your good Works, and glorifie your Cause; fear no dangers; the high and mighty Cedars are never able to overtop your principles; what though Ambition hath mounted to the title of Lord Govenour (forsooth) hath not your vigorous principles slain both the Lyon and the Bear, and shall not this uncircumcised Philistine be as one of them?
But (my friends) I am informed those painted Sepulchers of Independency desire your complyance and treaty with them: But touch pitch, and you shall be defiled, have nothing to do with them; touch not, tast not, handle not, which all are to perish with the using; Remember the fidelity of Uriah to David: The Ark, and Israel, and Judah abide in Tents, and my Lord Joab, and the servants of my Lord are encamped in the open fields, shall I then go into my house, to eat and to drink, and to lye with my wife? As thou livest and as thy soul liveth, I wil not do this thing. Your Agreement lyeth half dead in the streets, your friends and its assertors are in prison, with sentinels at their doors, denied the access and visitation of friends, have the catch-poles of the Counsel of State enter their chambers when they are in bed, with Musketteers at their heels, search, rifle, catch and take away any thing that any way they may wrest unto their bloody ends against them, as formerly, and now, the other day (July 4.) they have done, and all the land mourneth and groaneth at the calamity and miseries upon it for want of the settlement of a just constitution of Government; and shall you go unto them (those pests and vipers of the Nation) to treat or comply? As you live and as your soul liveth you must not do this thing.
While your agreement is trod under their feet, your friends under their cruel captivity, etc. let him that treateth with them amongst you, or with any of their creatures, or keepeth any correspondency with them, be to you as a Reprobate, let the Marke of Cain be set upon him, that every finger may point at him for a Traytor, and a Judas to the people that meeteth him.
If a wife or child be like to be destroyed by fire, water, or thieves, he accounts himself base that dare not venture his own life to save theirs: our cause is of a more transcendent value, and we suffer for it; and can you see it destroyed in us, and we for it, and not be as naturall as in a private relation? the lives, liberties, and freedomes of all is contained in it? If your neighbours Oxe or his Asse were in a ditch, it is a shame to passe by and not to help; and behold, here’s all in the ditch, then, why venture you not your time, your labours, your monies, etc. to redeeme out all, our Cause, the nation, and us in it, and with it.
I confesse no people in England have been more vigorous, more active and diligent, and more adventurous for the Cause of the Nation, and for our Liberties than most of you: we have been as precious to you as the apple of your eye; you have spared no hazard, no toyle or time to get us at freedome, and I hope we shall never be so ungratefull as not thankfully to remember that service of Love: To you we are obliged in the deepest obligations of any others in England.
But now considering the extream necessity of your still constant unwearied prosecution, I have emboldened my self to presse you forward to the good work of the people, that at this time you may be as vigilant and industrious as at any other, that publick life and spirit may still be preserved and encreased in our cause, even in these worst of times.
And if I have been a little too sharp in my advice, and admonishment, impute it I pray you to the heat of my zeal and ardent affections to the promotion of that Cause; for truly to me it is as the life of my life; without it I’m nothing, with it I live, and therein am
T.205 (9.43) William Bray, Innocency and the Blood of the slain Souldiers, and People (17 July, 1649).↩
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Bibliographical Information
ID NumberT.205 [1649.07.17] (9.43) William Bray, Innocency and the Blood of the slain Souldiers, and People (17 July, 1649).
Full titleWilliam Bray, Innocency and the Blood of the slain Souldiers, and People, mightily complaining, and crying out to the Lord, and the People of the Land, against those Forty Knights and Burgesses, or thereabouts, that sit in the House of Commons. For the violation of our Capital Fundamental Laws and Liberties, and those Capital Obligations mentioned in this my Letter, in capital Letters. Or a Letter to an Eight yeers Speaker of the House of Commons.
By Cap. William Bray, from his indurance, illegal, un-Christian, and cruel
Gaol in Windsor Castle.
London, Printed in the yeer 1649.
The Tract contains the following parts:
- A LETTER To an Eight yeers SPEAKER OF THE House of Commons
- Letter from Major Reynolds to go for Orders for quarters
Estimated date of publication
17 July, 1649
Thomason Tracts Catalog informationTT1, p. 758; Thomason E. 568. (12.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
Text goes here
A LETTER To an Eight yeers SPEAKER OF THE House of Commons.
Master Speaker,
I Did determine in resignation to the will of the Lord, not to write unto your House any more; but the Lord doth make it free, to make you the more inexcusable, and also with this peradventure in my own reason, That God may change your spirits; and sithence, I have intelligence, as if there were an Act stiled, Grace coming saith from your House, unto the Levellers and Prisoners; therefore, now I am free beyond my own expectations from you, and intentions in my self.
It is said in Scripture, Isaiah 14. 20. That the seed of evil doers shall never be renowned; the good people of the Land had certainly reason to expect, That you that have destroyed, and dishonored others for injustice, should walk in the path of renown your selves; whether you have done so, let the whole world judg; yea, whether you have done so since you have cut off the King, let the world judg.
I have read, That there was a Temple of Honor among the Romans, and before it a stately Porch, dedicated to Vertue; to notifie, That in that Common-wealth, there was no hope of Dignity, but to tread in the path of desert. And Aristotle discoursing of Honor, makes four parts thereof; the first of Riches, the second of Blood, the third of Learning, the fourth of Vertue; and to the two last, he doth describe the first place of true Gentry, and one speaking thereof, saith, Because Boors may be rich, and Rokebels may be of ancient blood; but Vertue and Knowledg cannot barbor, but where God and Nature hath lest their Noble endowments; but you would have the world think you are Christians, which is a name, that hath its denomination from that unction of the Spirit, and yet you walk beneath the Law of Nature: Are you honorable then?
And Aristotle discoursing of Temperance and Fortitude, saith, That Temperance is a Vertue whereby a man governs himself according to Law, and that Fortitude is a Vertue by which a man carries himself honorably, and according to the Laws in time of danger.
And I remember that the Parliament alwayes told the King that if he would subscribe to the Laws and Liberties of the peoples peace and safety, they would make him a must glorious King by which I do infer, there is no true honor but in that way, yet what occasion do you give to the Kings party to say, would these have been faithful to the King, that are persidious to their own friends, and destroy them in their Liberties contrary to the Laws of God, Nature, and the Nation? the King had ground to suspect them, they will say.
Magistracie when they act by the rules of their own wills, they do not act as Magistrates &illegible; Tyrants so King James his Speech to the Parliament at &illegible; &illegible; 1609 and the first part of the Parliaments Declarations, 150. And Dr. &illegible; in his Book of Sermons Preached before King James, speaking of wicked Magistrates, saies, &illegible; by &illegible; and yet &illegible; the peoples money for &illegible; &illegible;
God never constituted Authority,&illegible; 30. 18. &illegible; &illegible; 8. Psal. 82. 62. &illegible; 18. 21. and 23. 26. 8. &illegible; 1. 16. 17. and 16. 19. & 25. 1. 2. Chron. 19. 6. 7. &illegible; 1. 23, 24. &illegible; 5. 28, 29. & 22. 16, 17, 18. &illegible; 5. 12. & 6. 12, 14. &illegible; 3. 9. 11. &illegible; 8. 16, 17. but gave precepts and bounds to that authority, as I declared to you in my Letter, &illegible; 16. 17. and in nine other places of Scripture there recited, but they that care not for one, will not care for nine; besides, there are many more that I could recite; Personal Authority or Magistracie are especially bounded by just Laws, and they are to do unto others, as they would have others to do unto them, so this is the Law and the Prophets, as Christ saith not to deal unjustly, as they would not be dealt unjustly with; not to commit murder, as they themselves would not be murdered; &illegible; found the righteteous God, a just executioner of the Law of like for like upon him, &illegible; and &illegible; Kings having their thumbs and great &illegible; cut off, gathered their meat under my &illegible; As I have done, so God (saith the &illegible;) hath requited me, and &illegible; 2. 13.
And Mr. Solicitor St. John said in Parliament, (of King, Lords, and Commons) against the Earl of Strafford, That an Arbitrary man is an &illegible; a miserable &illegible; thing, &c. And my Lords, saith he, Fresh a &illegible; &illegible; &illegible; qui &illegible; committit; &illegible; &illegible; that will not suffer others to have Law, why shou’d he have &illegible; himself? why should not &illegible; be done to him that he would have done to others, and calls Arbitrarymen &illegible; &illegible; Foxes, Wolves, Beasts of &illegible; (Personal Government is to keep &illegible; &illegible; Foxes, Wolves, lyons, &c. from &illegible; but &illegible; to be &illegible; &illegible; &illegible;) and, saith he, it was never accounted cruelty or &illegible; play to &illegible; Foxes and Wolves &illegible; &illegible; as they may be found, because, saith he, ther be &illegible; of &illegible; O Lord, what a thundring zealous Common wealths man was this then to preserve the people from spoil?
Mr. &illegible; said against the Earl of Strafford, There Arbitrary and unlimited power is let up, a way &illegible; for the hearity, &illegible; and encouragement of evil, and those that will be &illegible; of any unjust commands, and that those that make a conscience of the Laws and Liberties of the people are unpossible for &illegible; and subject to much jealousie and danger.
And the Army in their Declarations and Grandees, peculiarly when they &illegible; and car a Parliament in &illegible; they bring Justice and Righteousness in the mouth, page 10. complained, That the friends to the &illegible; and them, were dragged to Goales, [but now a Goal, and an illegal one too, is my portion] That the Commanders that did not stand fast in their integrity should be marked with a brand of infamy for ever, at traytors to their Country, and enemies to the Army [but now they have the power, no Traitors] June 9 p. 14. The, glorious administration of Justice; without Justice no comfort of life [or so much as life it self but according unto the pleasure of some men, ruling meerly according to will and power, but now power in them used worse, is not the same] Pag. 39. 40. 41. 42. That Justice and Righteousness then was one of the witnesses of God [then it is now the same] That they were no Emissary Army, &illegible; to serve any Arbitrary power of State [but their Arbitrary power of State] That they were sensible of Complaints, Arbitrariness, Oppressions, and Injustine [but now a man cannot have Justice from these they have lest in the House [for them] That they would not have an absolute or Arbitrary power found in any] could not wish to have it in any whom they most consided in, or who should appear most of their opinion and Principles [is this truth?] That they were for Parliamentary authority rightly constituted [when wil it be performed, when they please, or when the people please?] and that they should not be during pleasure, or have an &illegible; power, and so an advantage to perpetuate injustice without &illegible; or remedy [but now the party they left, must] Pag. 61. that a &illegible; of &illegible; should be in the House of Commons, that the people might see who was &illegible; [I wish we had the Grandees Speeches Printed to the Nation since they made such a purge] that the Priviledges of Parliament should not be extended to private wrong, or publique &illegible; [but their power and priviledg may extend to private and publique wrong without controul] because Parliament Priviledges as well as royall Prerogative may be perverted and &illegible; [but theirs not] Charged severall Members, that they &illegible; &illegible; and indeavoured to overthrow the rights of the people, and obstructed Justice, to the damage of &illegible; Commoners [if so then, is it not much more now?] And their last Remonstrance from St &illegible; pag. 10. Cried out the people were made to depend &illegible; upon the King for all [and are not the people made to depend upon them for all, whether Justice or no Justice] that his Interest was made necessary to all, that other pretences were but made use of to &illegible; his &illegible; &illegible; to make an easie way to set up &illegible; and his &illegible; above all [let rational &illegible; judg whether their practise is not so.] Page 16. 17. That no Common &illegible; &illegible; Parliaments should check him; [Dare the Parliament check him when I cannot have a hearing against him?] that all arbitrary powers might be &illegible; at &illegible; by himself, and such as he pleased to &illegible; the same unto [do not the Grandees tread in the same steps aboundingly?] that &illegible; and chains were laid upon &illegible; and zealous men to countenance &illegible; reverence of persons sit for &illegible; and Slavery [is not the Generals &c. end the same according to his works?] p. 22. &illegible; it a brand of dishonor and &illegible; in him, to &illegible; such &illegible; had a &illegible; of &illegible; and &illegible; &illegible; them sit to &illegible; &illegible; &illegible; &illegible; &illegible; for the injoying &illegible; &illegible; &illegible; to themselves [are not such in &illegible; only &illegible; &illegible; their actions;] for me to speak to these more then golden words, is but &illegible; &illegible; &illegible; are.
Oh then high and mighty God and Judge! Judge thou the cause of thy people, remember the blood that hath been spilt for our Laws and Liberties to purchase our peace and safety. And Mr. Solicitor Cook, your Orator in his &illegible; &illegible; King Charis &illegible; Case, which will be an everlasting monument against you, if you continue to walk unjustly, pag. &illegible; saith he, the King deported himself as a God, and saith he, innocent blood will &illegible; more then twelve legions of Devils, (do not they deport themselves as Gods when they act as living above Law?) Do you do justice that you might live unjustly? did you cut him off to send him to be accountable to God, that would not be accountable unto man, that you might live here in the same principle and practice as unaccountable unto men? would it not be just with God if you tread in the same pathes, to inflame and raise up the spirits of your brethren the Commoners, to make you accountable unto God also, Are not the Lords wayes past finding out, and is not be just in all his Judgments? pag. 38. that an accursed principle of Tyranny lodged within him (viz.) to be accountable to none but to God, which have turned our waters of LAW into blood; have not the fruits of the same principles (though they have pretended other principles, as the King did, (viz.) (That his Monarchy was not an absolute, but a well bounded Monarchy, by Law) been actually seen in them? and are not they in a leading way to turn water of Law into blood and blood, pag. 38. that he had been of Counsell against felons and prisoners, but that he never moved the Court to Judgment against any felon, or to keep any man in prison, but he trembled at it in his thought, as thinking it would be easier to give an account of mercy and indulgence, then of any thing that might look like rigour: but now my spirits saith he, are of another temper; but you imprison the innocent against Law, Reason, Christian Principles, your own Declarations, the Vowes, Covenants, Ingagements, and imprecations of Parliament, and you have proceeded higher then any to ingage you to Iustice: viz. the blood of the King to boot, page 42. that sentence was not only against one Tyrant, but tyranny it self; therefore saith he, if any of them shall turn Tyrants, or consent to set up any kinde of Tyranny by a Law, or suffer any unmercifull domineering over the persons, Consciences, or estates of the free people of this Land. They have pronounced sentence against themselves; But do not they endeavor to secure themselves against the Laws of heaven and nature; and to act by unreasonableness, meer power and force? by which accursed principle the Lord Jesus, and all Christians have been murthered formerly by corrupt Authority.
Oh Lord arise, and judge, and behold, how they make &illegible; the blood of thy people, and what is their declared zeal, and impartiall Justice upon the blood of the King come unto.
You have imprecated the wrath and vengeance of Heaven and Earth to light upon you, if you did not maintain the Fundamentall Laws and Liberties of the people, and call upon the people to say AMEN; and that you had no aimes at your selves, but wholly at the publique; see and compare together the first part of the book, Dec. pag. 17. 18. 214. 264. 266. 267. 400. 462. 464. 466. 673. 588. 666. 573. 692. Is not God just? I am troubled at your condition, though I rejoyce in my own.
Again, you have revoked one Fast day, and made another; and declared that there was much guilt in taking Gods name in vain; And that there was a proneness to relapse into the former condition of Tyranny and superstition; But I hope you did not resolve it when you said you were prone to it; And you desire that God would heal the division of your Land; But do you goe the way of God? And do not you divide, if you deal unjustly? The Kings Fast was on a Friday, and he dealt unjustly; the Parliaments Fast on a Wednesday; and now you have changed the Fast a day neerer to the Kings; If your injustice be the same, what materiall difference between a Thursday, and a Friday Fast? Doth not Arbitrariness and injustice cause division? The &illegible; saith, Ps. 85. 10. Righteousness and Peace doth &illegible; each other; and not Tyranny and peace, or policy and peace, &illegible; 8, 16, 17, 19. Execute ye the Judgment of truth and peace, law the truth and peace, Isay 58, 4, 5, 6. &illegible; 7, 5, 6. when ye fasted and mourned the fifth and &illegible; &illegible; even those seventy years, did yet at all fast unto me? and when ye did &illegible; and &illegible; did drink, did you not eat for your selves, and drink to your selves? Oh Lord arise, and judge between thy people and the Grandees of the peoples Army and Parliament, and oh Lord convert them if it be thy will; and let them not be any longer as if they were supream to Iustice and Freedome, and &illegible; them be that in deed which they have been often in word.
Sir, Let me tell you, I have observed your Ordinance for observation of the Sabbath also, but this is also delusive to the people; if you do not rest from wickedness, arbitrariness and cruelty, according to the constitution and end of authority, both by God and the people; for the Sabbath signifies a rest to the people of God; What is a Magistrates keeping a Fast or a Sabbath once a moneth, or a seventh day of a week, if he acts arbitrariness Illegally and cruelly, contrary to the Laws of God, Nature, and the Land, six of the seven?
Those three Students, and only three that I have read of Trinity Colledg in Cambridge that writ in your justification of your proceedings against the King, say, That when any man, or men, through depraved principles of tyranny usurp over Conscience, naturall or civill Rights, he loseth the nation of a Magistrate, because he goes contrary to the end of Government, of the fundamentall Laws of safety to the people; and when Res Publica comes to be Res Privata, it ceaseth to be a Commonwealth, and is then tyranny.
Again, I desire you to consider that the part of the Solemn Oath and Covenant, which you have taken which relates to the Rights, Freedoms, and Laws of the people, is just, unanswerable, irrevokable, essentiall, substantiall, and binding; though the person of the King and Lords be taken away by you: do you intend to King it, and Lord it over our Laws and Liberties? Psal. 25. 1. 4. Lord who shall abide in thy Tabernacle? he that &illegible; to his own hurt, and changeth not.
But you have sworn the good (and not hurt) of the people, and your own good (and not hurt) in it, but if you leave the good of the people, and consequently your own true honor and good, and act Arbitrarily and unfaithfully, you leave peace of conscience to your selves, and peace and satisfaction to the people. I should be glad for the peoples sakes and your sakes if you can be free from the guilt of Perjury in the sight of the Lord and the people that are impartial; Good &illegible; rent his cloaths when the took of the Law was found, and when the Ordinances were not kept; and it was the Wisdom, Justice, and Honor of the Parliament, in their Primitive constitutions, for which they had the incomparable love of the people, before they did divide, and subdivide into faction and parties, to inquire into the just Laws of the Nation, and into the highest Reason for inlargement of our freedoms, and complained against the King for exceeding the just limits of Honor and Law: but how shall the people be assured of the perfection of Freedom by these men, when those just and righteous Laws of God and Nature, and the Nation formerly and already made as Laws, and wrung from Politians, Tyrants, Conquerors, Vsurpers, and contended for this eight or nine years unto precious blood, are so much violated?
Truly Mr. Speaker, let me tell you, we shall never have peace untill Authority come to lay down Interest, and to act as Magistracle, as Authority; What do Interests tend to and meer power, but to murder and destruction, and to make a Nation miserable, though one man great, full of war, and to make a second Germany of England? Interests tend to nothing but to this (viz.) Suppose an Independent, it may be murdered to day, or unjustly dealt withall to his ruine, and the Inquisition for the Innocent blood may be is secured by an Interest; A Presbyterian, it may be murdered to morrow, and the murder it may be secured by an Interest; had an Episcopal also, who though he hath, it may be justly paid his Fine and Composition for his Delinquencie, and is in Law and Reason excluded as to matter of Power, according to the judgments of Parliaments, and a just Agreement of the people, because he hath used it against the peoples Laws and Liberties, yet he cannot have personal Justice in futurity according to Law and Reason, because of Interests, and so a Nation is in the rode way to destruction; and then every Interest it may be endevors (being enraged) to revenge the murder and injustice, because they cannot have legal or judicial Judgment, and so all interests are slaves to one interest; and all are engaged against one (as well as may be) one against another; if any such thing is up, called Interest, and act above, controry unto, and without LAW.
And truly Mr Speeker, let me tell you as I have already proved, and shall prove by Law, Reason, and &illegible; Those fourty Gentlemen in the House, or thereabouts, have committed me illegally, partially, and interessedly, contrary to CAPITAL &illegible; of God to man, man to God, and manklude, common, undenlable, &illegible; and binding Principles of NATURE, LAW, REASON, SCRIPTURES, DECLARATIONS upon DECLARATIONS, IMPRECATIONS, OATHS, COVENANTS, CONSCIENCE, INGAGEMENTS, VICTORIES, VICTORIES, AGREEMENTS, FASTS, HONOR, the very name of PARLIAMENTS*, BLOOD, BLOOD, both of friends and enemies; tendring a PARLIAMENT out of zeal for Justice. The blood of the KING declared to stand in the way of the peoples RIGHTS, FREEDOM, JUSTICE, MERCY.
Just Laws are made to batter down all the walls of unmercifulness, arbitrariness, and cruelty, and to justifie Freedom; and the force of a Nation should be to maintain the just Laws and Liberties of the people; the contrary is Cruelty and &illegible;
You have made the late KING a notable spectacle amongst the rarest examples of worldly fragility; and this was declared and pretended to be, for acting contrary to the Rights of the people, which engaged him unto abundance of blood for his own safety, though his extravagancies in Government and Arbitrarinest amongst the people, might have been composed certainly, if his end had not been to carry on an absolute domination over the peoples Laws, Liberties, and persons: And the corruptions of his heart, and Government, and of his evil Councellors, caused jealousies and fear of his own life and honor; whereas he might have had both, if he would have stooped to the Laws, and Liberties of the people, and the peoples Representatives, and free Parliament; but his heart was hardened, as Pharachs, for judgment. It is a sad thing, when a man hath committed injustice, or murther, contrary to the plain inbred Light of Nature, and the Laws of Scripture, and Nations, and goes on to commit more and more murther, and injustice, for his personal safety: whereas, a Christion had rather die in his innocency, then commit murther, or out of design, to do injustice.
The Law of England is said to be extream &illegible;, and faverable of a mans liberty and freedom. See Sir Edward Cooks 29. Chapter of Magna Charta, 2 Part. Instit. fol. 42. also 189. 515. Because the Gaol in the eye of the Law, is a bad or hard mansion or dweling. 4 Edw. 3. cap. 3. They that will unjustly and arbitrarly imprison, they are in a farward way to adde to their impiety, and to commite murder upon the people. Injustice it a Tyrants rode way to murder, and the harbenger of Tyrants in all ages: And I shall desire you for your own sakes, to avoyd that Rock of Injustice and Oppression, for there are many eyes upon you, besides the eyes of the eternal Majesty of God.
And the sin of blood is of a Skarlet Dye, and of a crying Nature, Gen. 49. 6, 7. O my soul, &illegible; not thou into their secret; unto their assembly, mine honor, be not thou united; for in their anger they stew a man, and in their self will they digged down a wall. Cursed be their anger, for it was since; and their wrath, for it was cruel. I will divide them in Jacob, and scatter them in Israel: Though Davids wound was healed by remission, yet the blemish remained; that blood should never depart from his house, for the blood of one Vriah. Num 35. 31, 33. Moreover, ye shall take no sath faction for the life of &illegible; that is guilty of death, but he shall surely be put to death. Blood &illegible; the Land; and the Land cannot be deansed of the blood that is shed therein, but by the blood of him that shed it. 1 Kings 2. 5, 6. Moreover, thou knowest what Joab the son of Zerviah did to me, and what be did to the two Captain, of the Hosts of Israel, unto Abner the son of Ner, and unto Amasa the son of Jether, whom he &illegible; and shed the blood of war in peace, and put the blood of war upon his &illegible; that was about his leyns, and in his shoots that were on his feet. Do therefore according to thy wisdom, and let not his hoary brad go to the grave in peace. Exod. 21. 14. If a man come presumptuously upon his neighbor, to slay him with guile; then shall take him from mine altar, that be may die. And Doctor Stoughton, or Doctor Sibbs, as I partly remember I have read, speaking of it, saith, How sweet is life to those that have been &illegible; of the blood of others! No subject, saith he, had murdered more then Joab. when Proclamation was made in Israel, That who ever should &illegible; the Jebusires first should be the chief, and Captain, Joab was the man; no man was more constant to the weal of Israel; &illegible; so successful in vectories; yet he was called to reckon for his old sins, and must repay blood to Amasa and Abner. Murder in Authority, is the greatest murder; and the violation of Laws and Liberties, by Authority, is the greatest violation.
But concerning the Act of Geace and Favor. Forgiveness and favor is good in its due place; and in truth, is acceptable to God and men; but out of its place, its a delusion of Antichrist and a lie. An Act of favor and grace, is indeed &illegible; when a man is an essender in the eye of the Law, Reason, and Christianity; but surely, a man is not an offender in the same thing, wherein he is offended, and destroyed in his Liberty, or Right, contrary to Law, Reason, or Christianity; when he is denied the benefit of Justice, a Hearing or Tryal, as I have been: and how destructive this is to the Rights of the Nation, let the world Judg. If a Law had been made to that end, it had been unjust in it self, and voyd; but no Law being made, its supersuperlatively Tyrannical, contrary to Law and Scripture, Deut. 11. 3, 8. Numb 15. 30. &illegible; 4. 15. and contrary to the pretended Agreement of the General, and General Councel of Officers, pag. 23. in four or five particulars by the Law of England,The saith and reputation of the General is violated that I have not Justice. any Act of Agreement against the Laws of God, or Nature, is a meer nullity. Master Solicitor Cook in King Charls his Case, citing also E. &illegible; Case, Page 23. and 1 part of the Book Declarations, pag. 207, 690. Those things that are evil in their own nature, cannot be the subject of any command, or order any obligation of obedience upon them, by any Authority whatsoever. When you should do a man Justice, you wrong him; and to hinder Justice, and hide the wrong in the peoples eyes, you pretend a Politique All of Grace and Favor. Is not this Politique Tyranny in grain?
Mercy and Justice are two glorious attributes of God, and they ought to be truely imitated and resembled by men that are true Governors (or pretended ones.) And the not walking up to it, makes a man guilty of prophaning the attributes of God, and his Ministrations to men; and for a man to have an All of favor or grace before he is legally and judicially convicted of a crime; If I were an offender indeed, yet unless I was an offender in Law and Reason, it would be but injustite to grant an Act of Pardon; for an offender must die in Law and Judgment, before he can be said to be capable of Mercy. But I am in Law a freeman, as I have shewed you, though I am by force and arbitrariness a prisoner; and I am a prisoner, in walking in an undeniable, Christian, warrantable, legal, and fundamental Right of the people, and of Just Government. How improper is it, and contrary to the Nature of just Iudgment and Reason? And how contrary to the nature, trust, and very name of a Parliament; which very name &illegible; hold forth, That it ought to do things according to the rational, unbiassed, and discourse discovrse of the Minde, without fear, favor, or affection. Fabritius and Cato would not &illegible; from the Rules of Iustice and Vertue. You profess your selves Christian Common-wealths men.
Contrary to the second part of the Lord Cooks Insut. fol. 51. 53. 315. 318. 391. 615. 616. 1 Part of the &illegible; Declar. of Parl. 38. 37. 201. 845. And the Votes upon the Impeachment of the ten Members, The Petition of Right, the third of King Charls, The Act that abolished the Star Chamber, The deliberate and resolved opinion of all the Judges of England, the third yeer of Kings James, in answer to the twenty and two Objections of Archbishop Bancroft, and the whole Clergy.But as for the Act of Favor and Mercy, I wish those had it that stand in need of it: And let me tell you, in my oppression, Honor would truly be seen in that. But indeed, there is no honor but dishonor, in falsly stiling the glorious attributes of God, viz. Justice and Mercy; both which Ministrations amongst men, are the foundations of Peace, and not Tyranny and Polny. If the two last kiss each other, (contrary to the Ordinances, and Scripture of God, and good will and peace amongst men, with Laws and Liberties of a Nation) they commonly fall together.
But as for the Act of Favor and Mercy; Do you think it good to have the National Fundamental Right of the People strangled, in claiming of Iustice against any person or persons, and to be unjustly unreasonably, and &illegible; Christianlike imprisoned, and then cover injustice with an Act of Grace, Favor, or Mercy? Are the attributes of God, given unto men, for no other use, but to be abused and converted into such sinister and politique ends?
It is indeed an honor to have the conduct of an Army of 20000. men, to obey the Commands of Iustice, to defend the Innocent; but the contrary is most ignonimious. It is more honorable to have an Army to preserve the blood of one innocent from cruelty and arbitrariness, then to destroy many nocents; though indeed, the principle of the great Infidel York is to destroy twenty innocents, rather then one nocent; thereby thinking to certifie the people, &illegible; he oftentimes raisses his aym thereby. The Scripture doin manifest the attributes of Gods favor and mercy to sinners, above the attributes of justice to offenders. How much more, should you care for the liberty, and blood of the innocent of a Nation, especially seeing so many capital obligations do lie upon you?
But Sir, I am imprisoned contrary to the Laws of God, Nature, and the Land, and the legal Birth-right of the people, and sent unto the Military Jurisdiction of him that I have appealed against; contrary to Reason or Christianity. Generals are no crimes in Law; the warrant by which I am committed, is in General terms.
Vers. 14. 29. Cap. of Magna Charta, and the Exposition upon them. The second part of Inst. fol. 29. 46. & Rot. Parl. 5. R. 1. n. 45. & Rot. Parl. 1. H. 4. n. 14, 79. & 5. H. 4. cap. 6. & 11. H. 6. c. 11. and 15. & 4. H. 8. c. 8. & 1. & 2. Ph. & Ma. c. 10. & 4. part. Insist. fol. 25. & 1. part. Book. Declar. p. 48, 278.Again Sir, Law-makers are not to be Law-executors, because the benefit of all Appeals, would be then destroyed, and the people left without all remedy; which the Law of Love, Justice, and safety abhor (though they ought to question the male Administrators of Justice or corrupters thereof) which is my Case, and therefore they are not to male-administer, as the Apostle saith, Thou that teachest another, teachest thou not thy self? all power judiciall is committed to divers Courts; in the judgment of Gascoign. Chief Justice, and therefore the King could not command but by matter of Record according unto Law; Sir Edw. Cook upon the 3. Ed. 1. cap. 25. but especially upon these words or commandment of the King; and saith, Mr. St. John against the Earl of Strafford, it is of higher jurisdiction &illegible;, then to judg by them, and it is beneath the glory and honor of Legislaters to be executors of the Law.
And now I shal declare unto your House more fully then I have yet done in my Appeal; the Reasons why I did Appeal against the Generall, as also his injustice towards me: First that I might give some stops to the current of Injustice to the people; and secondly, that I might have redress of my own wrongs and insupportable injuries, but you shall see how the General hath walked and acted against me, (viz.) When I was committed at Ware &illegible;, and when my Adversaries could not produce any thing materiall against me, as Mr. &illegible; told me was confessed by Commis. General Beton, he having viewed the Change against me, and my Answer, but there being nothing against me, the determination was it should seem, to make a composure with the prisoners, and to make a unity under the notion of a fast: the next day after the Fast, the prisoners were sent for, and at the time there was a seeming contending, betwixt Lieut, Gen. Cromwel, and Commis. General &illegible;, who should speak to us,Of Ware Randezvous at that time there was a report by Lieutenent Colonel Henry Lilburn, that the Levell &illegible; to murder the Kings which blemish seemingly by upon us that were Prisoners, chiefly because we were &illegible; so, and Colonel Eyers, my self, and others, petitioned the General, that Lieut. Gen. Henry Lilburn might discover the person that used these words, such principles being an &illegible; to our spirits, and we should rejoyce to have such a one known, but it was never done; Our Petition was Printed in Lieut. Col. John Lilburns Book, but this report was only to get the CAVALRIE to joyn to destroy the Levellers so called, by whomsoever it was designed, the Lord knows and judges. though Master Quarterman after wards told me (though I wished he had told me before) that Commis. General had polickly predetermined to speak, and what to say; but the words he used with much &illegible; solemness of countenance (the Emblem of a Saint or Hypocrite) as many can witness, were these (viz.) That God did incline the hearts of the General, and General Counsel to desire a union & embracing one another in love, with many circumlocutions according to his politique intentions: but the sum and substance of my Answer was, that I was confident in my cause, yet I would not deny unity, if God had wrought the spirit of condiscending in them, for I told them, I looked upon the &illegible; to be of their party, I would be glad that the glory of love might be reciprocal; but yet I spake a little in justification of my self as to my principles against the common enemy (which did endeavor to Court the Regiment) the Engagements and Declarations of the Army, and the agreement of the people, and the just authority of the General, at which Lieut. General smore his hand to his heart, which should demonstrate the Christianity. Sincerity, and unfraudulency of a man, and professed that he believed that I was a godly man, and that I was &illegible; I told him I wondered that there had been such valumniating Papers Printed concerning me: he made it strange, and could have had something drawn up to my vindication against Calumny In Print, and would have had me drawn it my self there, I told him, for my part, I did not so much value Calumny, or unjust aspersions, and so I was appointed my Command; whereupon I presently determined to go to New-Castle, and had Lieut. Colonel Cromwels Letter: Wherein I did desire him to certifie the loving composure at the head quarters, and also to write to Lieut. Col. Hen. Lilburn to deliver me some moneys that he owed me, and my conzen in a friendly maner to avoid contention, he having in the business of war, appeared a very implacable enemy of mine, and broken open my trunk, and took my Commission out and struck me out of the Musters Role whilst I was a prisoner, before hearing or Iudgment of my Cause, and so I went to New-Castle, and when I came there, I was presently suspended my command; I did desire him to let Lieut. Gen. Cromwels Letter be seen before the Governor, and that I might have my Commission, but he refused it me; then I writ unto the General divers times concerning it, that he might certifie the Governor as the Lieut. General had certified; but in stead of that, a Commission (after some few weeks suspension) come from the General to another to enter upon my Command, without any cause in the world showed, so that I was in the midst of my Enemies, as it were: I had rid two hundred and ten miles in as great a Frost as ever I saw, lost a horse by the way besides my charges, I was sain to return to London again, for it was to no purpose for me to stay there, for power and subtilty was master over me and my unjealous spirit: when I came from New-Castle to London to make it up four hundred and twenty miles, which was no small trouble to me for their sakes as well as my own; I made my appeal, directed to the General and his Councel of War for Justice, which I delivered him, but I could not get so much Justice of him; I offered to refer it to some Parliament men, that would not be granted; I offered to refer it to some consciencious Officers of the Army, that would not be granted neither: What could be more Arbitrary and more absolute? pray Sir return back and view their Declarations: I should &illegible; have used the General so as he hath used the Generals faithful servant.
Then I had drawn up an Appeal in Parliament against the General, and told Colonel Fleetwood thereof, and I took his perswasion for peace sake and did not proceed in it; and when Lieut. General Cromwel told me that he heard I intended to appeal in Parliament for revenge; I told him I was not of that spirit, but indeed I had drawn up an appeal in Parliament for Justice, which I could not see might be intitled Revenge, but Texiperance and Moderation, but I did stop my intentions, and was resolved to pass it by, and to see whether they would change, and be more just in time to come; to which purpose I told you, being Speaker, at the Bar a little before my commitment; and notwithstanding all my discouragements on the on hand, and subtil endeavours to incourage me on the other hand to oppose the Grandees, and to shake hands with the common Enemy, yet the Lord kept me firm in my affections to this House, and Army, in expectation of righteous principles of iustice at last to the people, as in my Appeal is expressed, and neither Honor nor Revenge I praise the Lord could take place in my thoughts, though Lieut. Colonel Henry Lilburn (my implacable enemy had influence in the General by himself and his creatures against me) that pretended much zeal to the General and his authority, plaid the traytor to the Nation in betraying Tinmouth; but ingaged against the new and horrid Insurrections, and had a command of a Troope of horse in Kent under Sir Michael Levisey, and after our dismission it being just at the time of the Treaty between the King and Parliament, Major Reynolds spoke to me to ingage my Troope to march them into some other County, and told me he had order from Commissary General Ireton, unto whom the General had left the disposall of things to quarter in the County, in order to the Treaty betwixt the King and Parliament, and told me that the Commissary General was resolved to oppose the Treaty, supposing, as Maior Reynolds said, that King, Parliament, City and Scots would ioyn against the Army, and that then he was promised an Establishment in the Army, and that then there would be fighting enough; and used these words to me, viz. That if men of such principles left him now, he would never trust men again &illegible; that they intended to declare for justice, as to the Souldiers, and people. And truly, for my part, it was an abomination to my thoughts, to think that there should be any intention, to destroy the Army, and my fellow Souldiers that had fought for the peoples rights, with whom I was resolved to live or perish, though now I am in the high way to perish, by the highest friends, and pretenders to God, and Righteousness. And Major Reynolds told one Captain Chaplain, as he declared unto me, That Commissary General Ireton, was as right, as any man in the world, for all those principles of righteousness, and freedom, that were contended for; though it doth since appear, That Reynolds had no other design, but by our blood, and &illegible; to exalt himself, and wring the Regiment out of Sir Michael Leviseyes hands, and to make himself a Colonel. And indeed, the Gentleman hath performed what he said, whilest he was a &illegible; formerly, for the Rights of the people, as it was reported unto me, by a Captain of this Garrison, in the presence of Master &illegible; viz. That he would set them together by the cars, that he might come in, and have the plunder. And Major Reynolds also told me, That he had a private hint from Lieutenant General Cromwel what to do; and I had an order from Sir Michael Levisey to march, viz.
&illegible; I have received &illegible; from Commissary General Ireton, That those three Troops which the Committee of Kent could space, to march into the North, unto Lieutenant General Cromwel, &illegible; much want of House there: You are forthwith to march accordingly, &illegible; to remain &illegible; &illegible; orders. Dated at Sevenoke, the twentieth fifth of September, 1648.
To Major Reynolds, Captain Chaplain,
and Captain Bray.
M. Levisey.
Another Letter I had in &illegible; from Major Reynolds to go for Orders for quarters, because his Troop was not ready to march, and he read the same unto me, a Copy whereof I after took viz.
SIR,
There are two Troops of Sir Michael Leviseyes Regiment marching under the command of Captain Bray, and Captain Chaplin, by his Excellencies Order, into the North; but in regard my own Troop cannot be dispatched out of the County until Saturday next, I intreat you to be pleased, to &illegible; them an Assignment for Quarters, neer the Northern Rode, about Hartfordshire or Bedfordshire, till I can march up to them. By this necessary savor, you will, if possibly, much further oblige,
Sir, your affictionate friend,
to &illegible; you,
J. Reynolds.
Rochester, 27. 1643.
To the truly honorable Commissary
General Ireton, or Quarter Master
General Gravener, these present.
And accordingly I had orders by a Souldier of my Troop (that I sent to Saint Albans) from Quarter Master General Gravener, for I rid to windsor my self, to speak with the Commissary General, and mist of him. Not long after, Major Reynolds his Troop came up, and then we had orders to march further North from Major Reynolds; and at length having kept up my Troop, neer half a yeer, at length the Army had seized upon the King, by order from the General, Lieutenant General, and Commissary General (as I was informed, by a very good hand) and the King being at Hurst, I was commanded by the Authority of the Army from Commissary General Delon, to Major Reynolds to Hurst Castle, for the security of the King, and had the guard of him two nights my self, with part of my Troop, not longer after that, the King was commanded by order from our Regiment, and we resigned up our Guard of him, according to command and order, unto Colonel &illegible; After that, we were designed to quarter in Hampshire, and then after in Worcestershire, and the Regiment of Colonal Reynolds was voted to be of the establishment of the Army by the house. And the Officers and the Souldiers of the three Troops that were together, desired me to carry an assurance in writing to the General, That in order to righteousness, freedom, and justice, and the establishment thereof to the people; our blood should not be precious in our eyes; but we would adventure it under his conduct against all Tyrants whatsoever. I know not what (one stiled a Christian General) could desire more: I see no reason, but that he should eminently desire that, as his glory and honor; and soon after discoursing with some, and they telling me, That it was the principles of some, to cut off the King out of meer policy. I had an exceeding great astonishment in my spirit, and wondered what this would tend unto; for I look upon meer policy, to be a destructive principle, and a great dependency upon a mans own wit, and which is more agreeable to the principles of the unnatural, and unholy Turks, (then of Christians) who destroy one another out of meer power and policy, and to exalt themselves above those capital Obligations before expressed; and I looked, that Righteousness and Justice should be performed out of sincerity, and purity of principles, according to Law, Scripture, Reason, and Christianity: Next of all, I looked, That the Laws, Freedoms, and Rights of the people, so much spoken of in the Declarations of the Army, did over-ballance the blood of the King, because that was the occasion of the late War, and would always occasion misery and blood, both of innocent and nocent, in the defect thereof; and so I had much affliction upon my spirit: And next of all, I looked upon many consciencious men, as to the Rights of the people, as Master Sprig. Mr. &illegible; &c. were for the preservation of his person, though they were for the life, blood, and condemnation of him in Law, Christianity, and Reason (as guilty of the River of blood in the Nation) which was most suitable to my particular judgment, (mercy exalting it self over iudgment) but being onely my particular iudgment, I would not discover it to many, because I would not be an occasion of division: I having heard, that the residution of the Grandees was to cut off the King, (before they did go through with the eminent Freedoms and Rights of the people) and that the King stood in the way of them: And next of all I considered. That the blood of his person could not be compared or recompense the river of blood that hath been shed for the Laws and Liberties of the people. And I looked upon the Rights of the people, to be that which would most of all satisfie all Interests, in Peace, in Law, Love, Freedom, Honor, and Justice. I do not speak this neither to incourage any to a personal revenge, nor yet against the execution of the King; for I do abhor it, no more, then I indeed can speak against the Iustice of the Iord, executed by Jehu, upon the blood of Aheb, and Jizebels family, for the blood of Naboth; but I would have a better use made of the declared execution of the King, as guilty of the precious blood and violation of the Freedoms of the people, viz. In the supremacy of the Rights of the people, and in the ministration of the Laws of Love, Iustice, and Freedom, and then your blood should be as precious as my own, In any contest against such spirits; and the Laws of Freedom and Iustice, was the onely declared substance of the Remonstrance from Saint Albans, against the King and House, which was most part thereof penned (as I was informed by an Officer) by Commissary General Ireton.
Not long after the death of the King, I went to London, out of Worcestershire, and was willing to take a view of things impartially and being soon after at a general Councell one day, where there was a Letter delivered to the Generall, and it being read in the Councell, it was so disliked, that it was presently put to the question, whether it should be owned at all, or no? Many said that they did abominate it, others said, that they did disown, detest, and abhor it; some others said, they did own the good was in it, but because there were many expressions in it that tended to offence and division, they did disown it; At length it came to my Vote, and the Generall looking upon me stedfastly, I told him I was against the expressions in the Letter that gave offence, as much as any man; but I did perceive that by the Letter there was a complaint, as if they had reason to be offended, and that it related to the right of Petitioning, which they conceived themselves abridged and molested in, in a Petition that was presented in Parliament, and I so owned the Letter, and desired that they might be called in: I do not know what I could have said more or lesse, if I had respect to my own conscience not to offend it, as well as unwillingnesse in my spirit, not to give any just occasion of offence to them; and I am not sensible that I gave any just occasion at all to Christians, rationall, or incorrupt men in the least punctilio, and moreover, it was my judgment and opinion, delivered in Councell: but suddenly after that Col Reynolds was felling me, that there was a Civill Employment in the Common wealth provided for me, in lieu of my Troops. To whom I answered, That I thought I had liberty to act according to my own freedom, and no man hath power to dispose of my person as he please, contrary to Reason, Law, Justice and Right. By that I saw the conspiracy; not long after that I was turned out of the Councell, and was not so much as admitted liberty to speak (only this very little after expressed) though I did desire it often (which barborous, and unchristian dealing, Inhumanity, and Incivility, I was much offended at) for what could be done more by a Star Chamber-Councell, and High Commission-Court of Prelates and Lords, against the rights of the People, and a harmlesse, and undenyable liberty of conscience, unlesse humane society, as well as pure Religion be subverted? and in the Councell, before I was turned out, the Generall told me I was none of the Army, because I had no new Commission; to whom I answered, as I remember, to this purpose, That I was of the Army as much as Col. Reynolds, that told you in the Councell, before all, that he had no new Commission, yet he gave his Vote; and also that I was of the Army, according to Common Ingagement, speciall ingagements, Christianity and reason: Next of all, I wondred that my Vote was then demanded in Counsell if not of the Army: Next of all, by the Vote of the House, for the establishment of the Regiment then in being, and not for Col. Reynolds to raise a Regiment; next of all, my employment for the guard of the King, by the authority of the Army, and my faithfulness, charges, and troubles, as to the publike, but out I must, per sas nesasque: I profess Sir, I could see no safety at all in their Laws, and Liberties; and I saw that the consciencious Officers and Souldiers of the Army, were ready to be destroyed in their Liberties, Freedoms, and persons at pleasure, by such practises, which they eminently condemned in the King. I saw also, that it might extend to those Members, that are left in Parliament, to make them absolute slaves to such particular Interested, parties, and designes, and to make them to act timorously, dishonorably, and guiltily, contrary to those capital Obligations that I have recited in capital Letters in my Books, and that they might serve them also, as they had served me, when they had served their ends. I saw also, that it might extend to the embasing of future Representatives and Parliaments, and to make them to act ignobly, dishonorably, illegally, and unconscionably to the dishonor of the Lord, and ruine of humane society; and according to the rules of some men, that have corrupted their ways, and walked contrary to Law, Reason, and Christianity, and that divine anointment, that doth give the name, and a describe a Christian. And I saw also, that if I did not speak, I should encourage the General and Grandees, in evil practice against their own bodies and souls, as well as against the peoples liberties, and safety; though the sweetness, and the deliciousness of their then present power, and their extream, and abundant causeless enmity, and prejudice towards me, and private insinuations, and influence upon the General, for their own advantage, to the peoples, as well as my ruine; which course and practice is extream prejudicial to Common-wealths, and destructive to humane society, and Christian principles, would not permit them to consider. And truly Sir, let me tell you, and let me appeal to the Lord, and the people, that are rational, godly, and conscientious, whether I could have done less, then I did.
Truly Sir, I may say, &illegible; crimen erat, &illegible; &illegible; erat; but I have committed no &illegible; at all, and you may keep your favor and grace, I will not accept of any such thing (falsely called favor) tending to the betraying of the rights of my native Countrey, and to justifie you in those things that you must answer for before the Lord and the people; and also seeing I am perswaded in my own conscience, that neither the greater friend or enemy to the Nation can blemish &illegible; in my proceedings herein, for before I did walk in an undeniable and, peaceable Parliamentary Appeal against the General; I went unto his Quarters, because I had an order from Colonel Reynolds to waite upon him, expressing an order as from the General Counsel, and so I told him (as I remember) I was come to waite upon his Excellency to know his pleasure; he told me he wondered that the General Councel did not secure me for speaking tending to division: I answered That they might have done it if they had pleased, and that I thought it would have been very harsh, and that I did not know who could question my fidelity, and that what I had said was just, and spoken in temperance, moderation and conscience as might be spoken without offence to any godly and consciencious man, told him I was for unity in righteousness as much as any man (but if I had spoken of unity, and left out righteousness it would it may be have been more pleasing) and that by my conversation, it should appear, and that I had been strangely dealt with as to my former business, as that though I was justifiable and declared so to be by Lieut. General Cromwel, yet I was deluded under the notion of a Fast, yet I ingaged against the Insurrection when courted to far greater honor on the other hand, which Henry Lilburn that traytor that had influence upon him (to my prejudice) did embrace to the Nations prejudice and danger; and since I told him I had been at neer two hundred pound charges and damages in my last cause, as to the keeping up of my Troop neer half a year, and to be dealt with so twice together, I thought it not just, he told me I might make my charges appear in private and have satisfaction; I answered, that was nothing as to the nature of Right or Justice; he told me that a civill imployment in the Commonwealth would be more advantagious for me and wherein I might do the Commonwealth more service; I told him I was not free to accept of any such place, or so to impley my self untill the Nation was more setled, and in a way of enjoyment of their Rights, and I could not in my conscience be satisfied, that I could do the Nation more service then in that way, and therefore I did desire him to suspend the giving out of any Commission unto another, untill the business was determined in Parliament; he asked me whether I would offer to trouble the Parliament with it; I told him I did not think the Parliament would account Justice a trouble to them, that had manifested to the world as if they had so much zeal for Justice; and for my part I did intend to bring both businesses upon the Stage, because in my conscience I did look upon it to be a business of a publique Nature: to I did desire his Excellency again to suspend the giving out of any Commission till the business was determined in Parliament; he told me he had given out a Commission already: I answered he might better recall or suspend it then give away anothers right (as Mr. Soliciter Cook saith in King Charls his Case, pag 21 Possession is a vain plea when the matter of Right is in Question) for right can never die.
And so, Mr. Speaker, I have discharged my conscience to the people, to your selves, and the Army, and I have a cruel Goal for it, contrary to those capital principles and obligations upon the House and Army that are written in Capitall Letters in this my Testimony; and having been damnified by the General in my two Causes, to the value of three hundred pound, besides the violent and unreasonable taking away of my Troope, and my unnatural imprisonment, and having been almost seven years in the Service of the Common-wealth with much love, affection, and losse beyond my own ability, yet I have not had any allowance from you since my arbitrary, unnatural and unholy Commitment, from the nineteenth of March last, nor any part of my own Arrears sent me, nor admitted a hearing of my Cause, which Pagans have acted up unto; contrary to those capitall obligations, by which the Officers and Souldiers of the Army, and other the good people of the Nation, may see how their condition may be as well as mine. Mr. Speaker, my principle is, (and I would not willingly offend against my principles) to suffer much hurt, rather then to do any, and to do good rather then receive (though I am under hideous and lothsome tyranny) as to that, and cannot; which is more blessed, as the Apostle saith, and to do good for evil, and not to discover the infirmities of my neighbour, unlesse I see it is his design to act to a Nations preiudice, as I have perceived in the transactions of things, by the Generall, by that evill and private influence I am not Iudg of, but the Lord: and as for any evil or preiudice that I shall do unto my neighbour, whether willingly or unwillingly, through my own weaknesse or corruption, I desire to be accountable by just Laws Nationall, which is the badge of our freedom, and the way to our peace, and the only way that my reason can present unto me, and unto you, is by way of an Agreement of the People presented by the Nations friends in the Tower, and by an actuall walking up to the iust Laws of a Nation, tending to the beginning of, cherishing and nourishing of peace, and good will amongst men; and as to the other part of my Appeal, in relation to my self, as a member of the Common-wealth, I could willingly (for the obligement of righteousnesse and peace, and that these two might be inseparable companions according to the Scriptures) Forgive, or grant an act of Pardon to you, and the Generall, under hand and seal, if I thought you and he were unable, and could not give me satisfaction, and if I were not unwilling to have such a dishonour and ignominic fastened upon you; and also if I did not think he and you would scorn it in words, though he hath acted, and yet acts by you, in unlawfull and unchristian deeds, so as that it might be truly stiled something of that name from me; but seeing he and you have such vast summes and Lands of the Common-wealths (as well as many of you great Estates of your own) as witnesse your giving the Generall ten thousand pound, and four thousand pound a year, and therefore I shall expect satisfaction for my wrongs, according to Honor, Conscience and Law, and those Capital Obligations, in Capital Letters recited; but if I cannot have Justice of you, and if the General, and you continue to deal unjustly with me, or to murder me, for you have gone the ready way; for I had been inhumanely murdered and starved long since (I refer it to all the Souldiers and people of the Nation, that are for Righteousness and Freedom) if I had not had a little of my own left, for my support in my barbarous, illegal, and inhumane prison; and if I had not had some Christian friends to manifest affection to my cause and person; which kindness, I did refuse, (for some time) because I would wait and see, whether you would walk justly and honorably. But I considered with my self (after many fruitless Addresses to you) That though my principle was to do good, rather then receive, and my imperfection and sin, not to do good when I am able, yet I was not in a capacity so to do, being under the hand of TYRANNY. And also, I considered it was Ten thousand times more righteous, unblameable, honorable, and iust, for me to receive the manifestations of my friends affections; then it may for you to force the Nations riches, and persons, to inrich your selves, and act against their Laws and Liberties, contrary to the capital obligations before recited; and also I considered, That it did evidently appear to me by your actions, and the will and pleasure of the Grandees, that it might be your designe to force me to necessities, which is very un-Christian, Cruel, Ravenous, &illegible; and insatiable; thereby thinking to make me stab my precious Conscience (which I hope the strength of the most high, will still keep me in) and deny my precious Cause, which is the cause of the Officers and Souldiers of the Army, and the people of the Nation. And you, or the Steermen, and Grandees for you, thought that necessity might make me to do, that which you do out of unholy fear of them (for whilest my Appeal was in the House, a Letter came from the General, or other Grandees to some Member or Members, which was condemned, and abhorred in the King, as a perverting of Justice, as in my Appeal is related out of King Charls his Case; or else out of manifest, unwarrantable love unto your self, viz. To the denying of all those obligations of God, Law, Nature, and Justice for the glories of the world; which &illegible; kinde of actings, have wilfully destroyed persons, Families, and Nations, and is the ground of the consumption of civil Wars, as Master Pryn said in Parliament, against the Earl of Strafford. And therefore Sir, let me tell you, in my Tyrannical, Illegal, and Injurious imprisonment, That all those capital Obligations, are injuriously perverted, and abused, to the dishonor of the Nation and your selves; and instead of the Just, viz. Principles of NATURE, I must put Acting up to Principles of UNNATURALNES, Jude 10. But what things they know (and have declared) naturally, as bruit Beasts, in those things they do corrupt themselves, &illegible; 19. Separating themselves (from other Members of Parliament) as if they were holier, and juster then they; whereas you are more unjust, because you have more obligations upon you to justice, viz. The blood of the King, and Lords, instead of Law, I must put LAWLESSNESS; instead of Reason, I must put UNREASONABLENESS; instead of Acting up to the Commands. In plain, and undeniable Scriptures, I must put ANTISCRIPTURISTS, not in words, but in oppressing power, and conversation; instead of Declarations upon Declarations, I must put VIOLATION of them; instead of Imprecations, I must put PERFIDIOUSNESS to Conscience, and people; and the judgments of God hovering over your heads, according to your solemn desires, that the people might say Amen: Instead of Acting up to the nature of Oaths, I must put UNFAITHNESS; instead of Acting up to Covenants, I must put TRUCEBREAKINGS; instead of Acting up to principles of Conscience, I must put UNCONSCIONABLENESS; instead of principles of serious Engagement, I must put walking up to principles of DISHONESTY; instead of VICTORIES, and POWER to do good, I must put walking, as if you had no power at all, and so denying the glory of God; instead of walking up to principles of Agreement of the people, I must put DELUSION and VARIANCE; instead of walking up to principles of a true Fast, I must put OPPRESSION and CRUELTY; instead of walking up to principles of true honor, I must put DISHONOR; instead of acting up to the name of Parliaments, I must put acting up like Corrupt minded men; instead of acting up to principles of observation of a Sabbath, I must put case and rest in wickedness, and prophantness of the Lords holiness; instead of Magistracy, I must put as God and Nature, K. James and your selves have said, Tyranny; instead of Government, according to the institution of God, and the uncorrupt order of Nature, I must say according to principles of DISORDER; instead of walking up to a conscientious respect of the wounds of the Nation, I must put walking unjustly, causing more wounds, instimations and distempers, both of friends and enemies, and so to lay foundation for blood and cruelty; instead of your rending a Parliament, out of declared zeal for Justice. I must put your rending a Parliament, to carry on your own corrupt, ambitious interest, tending to exalt your selves, above the persons of your Brethren the Laws of God and Nature, the Scriptures, and all the Capital Obligations of Justice and Mercy; instead of your true declared Nature of doing justice upon the King, I must put, you have cut him off to make your selves Kings and Lords over the peoples Laws and Liberties, though not &illegible; so; instead of principles of Freedom, I must put SLAVERY; instead of Justice, I put INJUSTICE; instead of Mercy, I must put UNMERCIFULNESS. Hear O Heavens, and judg O Earth! O Lord hear, and have mercy upon thy people; and if it be thy will, change the hearts of those that pretend to Righteousness, and act contrary to as high Obligations, as ever have been expressed by thy Self in &illegible; by thy Saints and Servants.
And therefore, Master Speaker, Let me &illegible; your House in all seriousness and sincerity of Conscience, to consider and weigh, and turn from your iniquities, and be a president to the Nation, of Judgment and Justice, and look upon the cruelty exercised towards me, from first to last, contrary to the Freedoms of the Nation (and &illegible; may be any mans case as well as mine.) And that it doth exhaust such Language from me, contrary to my own temper, and disposition of spirit. And truly Sir, though the General, Lieutenant General, and Commissary General (they being men whom I have formerly honored much, in subordination unto my God, and the Freedoms of my Countrey) may, it may be, thirst after my blood (which is the Nations blood) (as Mr. St. John said against the Earl of Strafford, A Nation is to be accounted unto for the loss of the meanest member) as the &illegible; thirsts after the Rivers of waters; though it were a more worthy thirst after the performance of those glorious Obligations in themselves and others; which would cause peace of Conscience to themselves, and joy, peace, and unity to all the wel-affected in the Nation. But truly, as for my life or blood, I know that is the most they can take away; and if the Lord should give them so much power, I can use the former part of Christs prayer, viz. Father, forgive them; but not the latter, viz. For they know not what they do. For their glorious splendid Declarations declare their knowledg; and if it were not my Fathers will, or the Ordinance of the Eternal GOD. That innocent blood, under the Altar, should cry out, I should desire. That there might be no Vengeance taken for me, for it shall suffice me that I go unto God, and shall cease in imperfection and sin, and be out of the race of the new, glorious, ambitious tyranny, and perfideousness of the Earth; the tyranny of Death is but short, and I hope the Lord will make it sweet unto me, to give testimony to himself for the land of my nativity; And to add unto the former Tyrannies, and bondages exercised towards me: A pretty while after my first coming, I was denied the free and just access of many of my friends unto me (to give me a visite) by the Tyrannical Governor &illegible; contrary to Law, Reason, or Christianity, for which thing he had no Warrant at all from the House, but your Arbitrariness made him also (to ingratiate himself, for it is well known he is but a friend to the Army and you for his own ends) stretch beyond the bounds that indeed you had set him, and so he hath acted as if he were Lord and Master of you, as well as of our supream Laws, Liberties, and safeties, and for ought I know, he intends to be the Janizary to murder me under his illegal jurisdiction; and indeed I heard that L. G Cromwel himself should call him a Sot, or some such like name, whereas he is made a Justice of the Peace and Qurum: and furthermore, I could not have so much leave of him to have the Christian society &illegible;. Bacon here in the Castle, but I must be sain to hear their briests here in the Castle or bone, concerning whom I heat abundance of hypocrisie and &illegible; and also though Lient. General cromwel gave order to &illegible; the Governor to use Mr. Cacon with all civility and respect; and though he is also convinced in his conscience, as he hath declared to some, that I will not stir, yet he maliciously, and unrighteously, hath not given me that liberty and freedom that he might, though he hath given many of the late Kings party far greater (viz.) Parols, &c.
But Sir let me tell you, if I had never so much liberty and freedom, I would not for millions of the gold of &illegible; betray the Cause of my Country, so as to stinch; and indeed you may imprison and destroy my body, but my spirit you cannot, and the lively appearance of my blood may rise in others when you think it may be forgotten; if I am murdered, butchered, massacred starved, or poysoned, or what not, by the enemies of the Lord and my Countries just Laws Libertie and safeties (for they may do one as well as anything else they have done) and if you mean by liberty of Conscience to take such large liberty of conscience to your selves, farwel all maner of Justice and Peace; and the dealings with me, are contrary to the prime undeniable Laws of Nature and capitall obligations of mankinde, and which Presbyterians, Episcopals, Independents, &c. that have had any unbiased reason in them, have granted before the blood of War, and by such actions as these, all the blood that hath been shed (which is also of ten thousand times and unexpressibly of more value then all the treasure that hath been spent) is not worth a farthing: and truly Sir, as one saith, writing against the cruelty of the Spaniards to the Native people of &illegible; (as I remember, calling themselves Christians as you do) That it is not good to measure the God of the Christians by the actions of those that are called his servants. If there be any speaks of God, or humanity in you, it may be you may consider a bleeding Nation.
Sir, I pray read this to the House; and further desire, That the names of those men may be certified to the Nation, that committed me contrary to those capital Obligations, in capital Letters; that the Nation may know their Friends, and that the Christians, and good Common-wealths-men in the House, may clear themselves to the Nation, from such abominable Facts, tending to the total subversion of humane society, and consequently, all Christianity, if they please; for I beleeve the hearts of true Christians will be truly pierced with such usage. When Paul reasoned of Temperance and Judgment to come, Felix trembled. And I have read as I remember, when Tully pleaded for &illegible; Cæsar trembled, and the Bills of Accusation fell out of his hands. And master Solicitor &illegible; saith in King Charis his Case, page 38. There are but two things desirable to make a dumb man eloquent, namely, a good Cause, and good Judges, (the former I have sufficiently, and the later I want:) The first procures justice of Heaven; the second justice upon Earth: So in great haste I remain,
July 17. 1649.
The Lords and the Peoples,
William Bray.
FINIS.
T.206 (9.44) Richard Overton, A New Bull-Bayting: or, A Match Play’d at the Town-Bull of Ely (7 August, 1649).↩
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ID NumberT.206 [1649.08.07] (9.44) Richard Overton, A New Bull-Bayting: or, A Match Play’d at the Town-Bull of Ely (7 August, 1647).
Full titleRichard Overton, A New Bull-Bayting: or, A Match Play’d at the Town-Bull of Ely. BY TWELVE MUNGRILLS. VIZ. 4 ENGLISH 4 IRISH 4 SCOTCH DOGGS. Iohn Lilburn, Richard Overton, Thomas Prince, and William Walwyn, to Stave and Nose. With his last Will and Testament, and several Legacies bequeathed to the Iuncto, the Councel of State, and Army.
Too him my Dogge; ha—loo there; now hee’s down:
Bayted to death, and forfeit to the Crown.
NOD-NOL. Printed at the sign of the by the Hill on the whim-wham side of the Beare-Garden, for the good of the State. 1649.
Estimated date of publication7 August, 1649.
Thomason Tracts Catalog informationTT1, p. 762; Thomason E. 568. (6.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
Text goes here
The Actors Names.
English | Waller and Brown. } | with 4 Mastiffs; | { Prynne, |
{ Burges, | |||
{ Love, and | |||
{ Poynze. |
Scotch | Louden and Leisly. } | with 4 Mastiffs; | { Sybalds, |
{ Heldersham, | |||
{ Fleming, and | |||
{ Archy. |
Irish | Ormond and Irchiquin. } | with 4 Mastiffs; | { Owen Roe, |
{ Tong Coot, | |||
{ Mack. O. Neal, | |||
{ And Towzer, | |||
{ The Man in the | |||
{ Moons Dogge. |
Overton, Lilburn, Prince, and Walwyn, Bear-wards.
These to be Coursed Three several times, fairly at the Nose of NOT, the Town BULL; for 3 Crowns.
It is desired that all Gentlemen, Citizens and others that shall come to see this Bull-bayting, come not within the compasse of his Roape for fear of a mischief, for this Beast is so bloody and dangerous; that he hath with his powrfull hornes goared divers to death; therefore if they presume to come within his Beach, (and have a faire warning before hand;) the Bear-wards are blameless.
Vivat Rex.
A New Bull-Baiting: OR, A Match Play’d at the TOWN-BULL OF ELY.
COme along Taurus; Now you shall answer for all your Villanies: Be sure to tye him fast, that he get not loose; for ’tis a dangerous Beast that has goar’d to death the best men in England; nay, in the world. Which &illegible; has the first Course?
The Man in the Moon’s Dogge, they say he is Old, and bites sore.
Set him on fair, and let him do his best; Ha—looe, ha——looe Towzer; he has him by the Noe already: Hold thy hold Towzer, hold thy hold Towzer; O brave Towzer, udssutt, he makes him Roare, and Shite, as if the Devil were in him: So, so, enough; stave him off, stave him off, we shall loose our Bull else.
Let him alone Brethren; Towzer does bravely; he holds his hold for a Crown; lugge him soundly: he has him down of his knees as if he were begging for his life; O brave Towzer! he shall have a Sea-green Ribband in his eare, and turn Leveller: if &illegible; had had but half the Mettel in him, he had been a living man to this day: he holds him still, as if he would make him answer for all his Murders, his Roberies, and Perjuries; how he pawes and dungs, as if he would dis-gorge himselfe of all his Vilanies; and driviling at the mouth, as if he were watering all his Equivocations, Oathes, and Perjuries, through the Arches of his pocky NOSE, with his owne snot, and snivel.
No matter; mad him throughly: here’s a Nettle to put under his tayle; perhaps it will make him void Gold, for he hath devoured a whole Myne within this 7 yeers, and yet is now in as much want as ever he was: still hungery, though he has sed on the flesh of King and Nobles, and drunk their bloud; has devoured a Crown, a Kingdom, a People, whole Churches, Chansels, Steeples at a morsel; and now would have us pay him Tythes, in stead of the Priests; a pox on him, he is tangl’d in his own roape; ’tis no matter, we must have an end of him, better here then at a worse place.
Let him have roape enough, and hee’l hang himself, and save the Kingdom a labour.
It had been good he had gone to the Butchers so soon as he had been Calv’d, for he has so Bull’d poor England, that she lies calving and labouring in most bitter panges of Calamity and Poverty, whilst he Junkets, Feasts, and Kings it in his Charriot with six Flanders Mares, and russl’s in Suits of 500 pounds a piece; she languishes and mourns in Sack cloth, and yet I see no hopes of her recovery; her people denied their just and reasonable Petitions; their Agreement slighted by a bloudy Iuncto; and a Tyranical Councel of Estate erected, more unjust then ever was the Star-chamber; High-commission, or Spanish Inquisition; that knows to do no right, nor will take no wrong; these are all Calves of this Town-Bulls be getting; that by usurping sway to themselves, do what their lust prompts them to, though never so much against Sence and Reason: Now Stave off Towzer, he hath done well for one course; I never saw a Dogge do better: he has brought away a piece of his Nose; well done Towzer; Spit in his mouth, and stroak him on the back.
What are those that creep with such black heads in his bloud?
An Army of Maggots, that took a pocky delight to live in the warmth of his Snowt; and when he breath’d out his Hypocrisies and Blasphemies, then these Cattel went to dinner; Foh, what a breath he has? ’twill insect the whole Kingdome with plagues, and his Nose set fire to it, till it becomes more miserable then Sodome and Gomorah: Cain was the first Gentleman of his Family; Iudas was the second that bore Arms (three Elder-trees, and a Halter;) Corah, Dashan, and Abiram, his Uncles by the Mothers side; Achan his God-father; &illegible; his School-master; the two wicked Elders his Tutors; Machiavel his Counsellor; Faux and Fairfaux his Companions in evil: He was begotten by the Spirit in a Brewars &illegible; Conceived by a Witch; brought forth about the time the Globge was a fire, got the sulphire into his Nose by tis inordinate devouring his fathers new Wort, coming to London, got the Naples &illegible; and the looseness of his joynts; having got his Fathers Maide with Child, he was forced to Marry her, which made him bear a deadly hate against the high Commision: he had left him by his Father some 12 Acres of Fee Simple, which formerly belonging to the Crown, made him cast about how he might murder his King; he brewed Smal-beer in the Isle of &illegible; till he had six Wenches with Child at one time; from whom he run, because he wou’d break and cozen the Malt-men, who curse him to this day, because by his persidious dealings, he so broke them, that they were never able to trade in Malt to this very day: His first begotten he put out to live with an Vsurer in Fatter &illegible; who keeping him hungry, made him cast about, how he might poyson his Master to rob him of his Money; which he happily effected, and eased the Kingdom of two plagues, an Vsurer, and a Thief: before his Execution he conveyed his Father a considerable Sum of his Masters Money, which he imployed so warily, that he became rich, and was at last chosen for a Parliament-man, in hopes he would have been warn’d by his Sonne to be more honest: no sooner was he in the House of Commons, but he was like Felzebubb amongst the inferior Devils, and sent out his Agents and spies to work mischief; he first got the Earl of Essex to be poysoned, and wone Fairfax to be Head of his Faction, till he had brought his Plots to perfection; he hath taken the Oath of his Allegiance, Supremacy, the Solemn League and Covenant; look’d up to Heaven, call’d God to behold his Hypocrisie, and the Angels to witness his perjury; he hath broken all Oaths himself, and caused others to do the like; he caused the King to be seized on at Holmby, where he made Protestations, That what he did, was for the good of the King and Country; and that he would bring him to Westminster, and Establish him in his Throne in Peace: At Hampton-Court by his Jesuitical policy, he juggled his Majesty into the Isle of Wight, where he hired Koif to Murder him; which being discovered, and finding his Plot like to taile, and a Treaty to take effect with his Majesty at London, and so his Majesty like to come into other mens power; made him set all his Enginers of mischief a working; took Councel of lack Bradshaw, as arrant a Villain as himself: one that when he was a boy, run from his Father, and followed a Pedlar to sell Laces and Points, where he learnt to Can’t, creep in at windows, and rob Hen-roosts; returning home full &illegible; with &illegible; his father kept him at School, and with a little Scholar ship and roguery together, thought him a fit instrument to make a knavish Lawyer; and sent him up to Grayes-lune, where he frequented on Sundayes Hollands Leaguer, and in the week dayes Bloomsbury; would Drum with his fists vill he Carrowsed healths on his knees to him he afterwards murdered; being in too every &illegible; and stingingic to the Wals; would familiarly let out His Blood to write Love Letters to his Whores; his great Grand-Father lay with his own Daughter, committed Incast, got bee with Child, and then with advice of his &illegible; poysoned her, and was himself hang’d in Chains on a Heath in Cheshire, and his Wise executed for consenting to the murder: this precious Counsellor was hired and bribed by the Bull of Ely, and brought in to assist them in the Consederacy, Dorrislaw, Aske, and Cook, who were all sworn to secrecy: A Letter is directed from Cromwel to the General, and another to the Iuncto for Iustice on some Capital Offenders; whereof the King must be one; a party sent to seize on him; frustrane the Treaty; and commit his Majesty close Prisoner to Hurst Castle; the Army must advance to London; seized on thirty Members of Parliament at one time, and Secluded a hundred more; set a Guard upon the &illegible; put in, and thrust out whom he list; forced them to sit, vote, make Laws, and give Judgement on whom he list; called a Court of Mock-justice by his own Authority, against the peoples will, or advice: and hired knaves to cry Iustice, justice; directly against the Law of God, and his own former Oathes and Protestations, took off the Kings head, abolished Monarchy, erected a Popular Government of himself, his hired Servants, and combined Creatures; besides the infringement of the Fundamental Law, of the Kingdom, the just Rights of the Crown, and Liberty and Propriety of the Subjects; broken several Orders, Ordinances, Protestations, Covenants, and Oathes which he &illegible; thrust upon the people, and forced them to take; yet afterwards, (as his Designes ripened) not only brook them himself, but compell’d, hired, and corrupted other knaves and Traytors to do the like: and this he hath done in dispight of Gospel or Law, first commanding or causing that to be done, directly forbidden, and not to do that was injoyned and commanded therein; and so having usurped Gods Authority, as well as the Kings, hath establisht a Monstrous Government, without head or tayle; rule or President; law or Reason; and commanded all People under pain of high treason, to acknowledge just, and be subject unto it; abolish the Kingly Office and proclaimed the undoubted Heir to the Crown, (with the Duke of York his Brother) Traytors.
This you have said Mr. Overton is true; but your self at first held with his Wayes, and &illegible; him Faithful Cromwel.
I profess I did; but he has (by swerving from his first principles) deceived me, and thousands more; and therefore Ile have one course more at him hit or miss; A Dogge, a Dogge, a Dogge; a Kingdom for a good Dogge: Hy---day! Whose Crop-ear’d Curr is this? O he was bred up at Lincolns-Inne; I know him of old; they say his teeth be poyson by reason of an Asp, that lies under his tongue.
No matter, so much the better; let him slip, Ha———looe——Crop; A pox take him for a Curre, he has him by the Genitals; they’l burn his mouth; pull him off by the tayle, and set him on fair; Ha———looe——Crap for a second Course, for thy Master Iack Presbyters credit: Alas poor Crap; he has him on his horns; Save him for pitty: Foh, how he &illegible; Oh, he has beshitt my fingers; give me some of his Waste Paper to wipe them; the Popish Royal Favourite will do the deed: Hang him, this is a Cur, and looks like one of Envies whelps; tis pitty to save him; pull off his Coller, and set him going.
Let him gore his gutts out; hang him for a Cur; he is not worth the saving.
O save him for Mercies sake; Pray Col. Lilburn stave him off for old acquaintance sake, he hath had punishment enough by loosing his Eares, and being marked for a Cur.
For your sake Ile take him off.
Try another; this Crap is a Dogge that will bite the hand that feeds him; give him two or three kicks and send him going.
Here’s another grizly Cur of the same breed; See him on: This Dogge was ty’de up in the Pulpit in Pauls when the Army came in; he looks as if he were got between a Dog-Fox, and a Spannel Bitch; a Laodicean whelp, neither hote, nor cold; he looks as if he were going rather to hanging, then to a March; sure he hath lost his 400 l. per annum: draw him forward; Come along Good-Cole; how he sawns, as if he would &illegible; Eggs; this Tyke, when he perceives you going, will run at you as fierce as if he would eate you: but stand but still, and he Retires back; run from him, and he will follow you, barking, bawling, and snarling, and perchance give you a bite behinde.
On with him, let him be what he will; he bawles as if he were wondrous eager.
Hang him, hee’l snarle against the Moon, yet keep his bone; they say he will run at Sheep: lets preserve him from hanging, because he will give warning; he first bawld at the Bishops, to set us on.
I, that was because they had him up in the bawdy-Court, and put him to his Compurgators.
He dares not so much as touch the Bulls-tayle; hee’s good for nothing; give him a crust, and let him seek a Master; you know not but a mangy Curre may in the end prove a good Dogge.
Lets set on another, this is a lovely Dogge with a thin pair of Chaps; another of Sir Iohn Presbyters breed, better to hang then to keep; how he drivels out Nonscence and Tautoligies; sure he has wasted his Lungs in confuting a May-pole, and entered into a dispute with the Maid-marrian in a Morrice-dance, about the unlawfulness of that innocent pastime; till the Hobby-horse confuted him with his tayle, and retorted his rebuke with his heels.
Stroke him and LOVE him; methinks ’twould make a pretty foysting-bound for an Aldenmans daughter; he can turn after his tayle; take a Tythe-pigge by the care, fawn on any body, and bark when his Masters bids him; stand up on his hind-leggs, or do any thing Sir Iohn Presbyter will have him; he was once in request with the Iuncto, though now he be out of service.
Do they not seed him; he must do tricks or something for it; do ye think they’l keep a Dogge and bark themselves? or maintain a Dogge that will bark against themselves? that were the way to make the People mistrust them for Thieves: he was counted a good house. Dogge when he came from Exbridge, but now he fawns not so much as formerly, that makes him out of request, and miss of their LOVE.
Try another; if they all prove such Curs, no matter if they were all hangd; they are fitter for a Wood-yard, then a Bear-Garden: Set on Poynze, and see what he will do.
He has slipt his Coller, and run away we know not whether.
Bring a Northren Trundle-tayle; Are they of the same mettle?
All Curs, all Curs; try them on, and if a Dogge fastens, Ile eate him whole; they’l bark and bawle as the other, but will be hang’d before they’l fasten.
I have heard that your English Mastiffs have been the best mettle in the World, and would beat all Countries.
They are so good mettle, that if it were possible, they would pull God out of heaven, and murder him as they have worried and killed their King, and most of the true hearted Nobility of the Land; they make no more to pull out the throats of their own Dammes, or worry their own Litter, then the Man in the Moon’s Dogge does to snap a Rebel by the shins, or to lap Milk when he is a hungry; they can find none else to fight with that can master them, and that makes them to kill and devour one another.
These Curs are not of the right breed then.
No, hang them, these are but Mungerills that bawle to set on the rest to sight, and that’s all they can do; bark for the Cause; the blessed work of Reformation; the godly Army, the self-denying Army; the holy Army; and pronounce Damnation on them that did not come out, and fight for the Cause of the Lawrd, though it was but to kill and rob one another; and this was all the Cause, and blessed reformation, that the Cornelian Cathedral. Keeper prayed might be carried on in their &illegible; hands so long as the Sun and Moon endured.
A good Prayer Ile promise you, and deserves a 500 pounds per annum, and some three or four hundred Acres of Deants and Chapters Lands besides: But did they not reward him?
Yes, with 400 pounds per annum, and the Dean of Pauls his house, besides the stones that he plundered out of the Walks, enough to build himself a Pallace.
No marvel, that the people be so foolish as to bite one another (when such bawling Curs set them on) but I hope now they will learn the wisdom to agree together, fear God, and love their Prince; and for these Changetings, hang them up, that &illegible; may no more be called, The Kingdom of blind-men, because they cannot discern a Head from a Nose: but now I talk of Noses, our Bull expects another Dogge.
Put on another; let loose all the Scotch-breed on him at once.
He has so toss’d them lately, that they dare not come neer him; yet wee’l try them, Ha———loo——Trundle-tayles; I could you so; not a Dogge will fasten, only Archy has him by the Tayle; Has kick’d out his teeth; how he howles, as it he mourn’d for the breach of their Covenant, or to call in his &illegible; Brethren for the rest of our Guds; sure they have nere another King to sell, have they?
No, he is too wise for them, and will keep out of their Market-place; trust a Scot, and trust the Devil; they were perfidious from the beginning; it would not ask much labour to prove Noll a right Scot, that the like Camelian can change his &illegible; to what colour and shape he list: in the Parliament. House he is a &illegible; Spannel; in the Church, the picture of a Saint; In Counsel, a deep dissembling Hypocrite; in the Field, a Caine; in the Court, a Iudas; as barren of all charity, as hell is of honesty; as malitious as mischief can make him; his cares bigger then Midas: a double face like Ianus, one looking to the people, the other after his own gain and profit, picking the peoples purses, whilst he stares them in the faces: What is become think you of all the Contributions, Subsidies, Twentieth-Parts, Loans, Meale-money, Excise, Bishops-Lands, Teans and Chapters-Lands, Composition-Menies, Sequestrations, and now the Kings Navy, Customs and Revenues, Honors, Manners, Castles, Houses, Messuages, Parks, Lands, Tenements, and &illegible; Royalties, &illegible; Franchises, and Immunities belonging to the late King, the Dutchy of Lancaster, all the Goods and Land belonging to the Queen, the Prince, and Duke of &illegible; the Dukedom of Cornwal, or Earldom of Chester; besides what they have retained to themselves, and yet not half enough; a hundred then and &illegible; sent &illegible; in his late Letter from &illegible; and the Continuation of the Assessement of 90000 pounds per &illegible;, notwithstanding Excise and all this before mentioned; &illegible; this &illegible; has a better stomack then Bell and the Bragon, to devour all this, and yet be hungry: Set on all the Irish Pack on him at once; if they will not do it, wee’l knock him down with our Clubbs, Pronge, and Staves.
Sir William and Brown have fairly lost; Jockey is Bull’d with an Urchin; the Irish will be the death of them; Ormond and Inchiquin have Dundalk and Dublin already, which makes him paw with his Cloven hoffe, as if he intended to fill the Boggs up with Gravil; 40000 Irish are in a readiness to wait his landing; he flyes to the Welch mountaines, and wishes them to fall on him, to bury his Infamy.
This is the last Course shall speed him; Ha—looe Towzer; he Noses again; they have him with his heels upwards, his Puddings come forth; send for a Scrivener presently to make his Will; in manner and form following;
In the Name of Pluto, Amen.
INoll. Cromwel, alias, the Town Bull of Ely, Lord Chiefe Governor of Ireland; Grand Plotter and Contriver of all Mischiefs in England; Lord of Mis-rule; Knight of the Order of &illegible; Thief-tenant General of the Rebels at Westminster; Duke of Devilishness; Ensigne of Evil; Scout-Master-General to his Infernal Majesty; being wickedly disposed in Minde; of abhorred Memory; do make this My Last VVill and Testament, in manner and form following;
INprimis, I give my Soule to the Father of Rebels; and my Body to be disposed of for the several uses of these persons following;
I give my Braines to the Order of Jesuites, that with them they may Contrive the Ruine of Princes, the over-throw of Kingdoms, and Subversion of States.
I give my Skin to the Aldermen of the City to make them Night-Cownes; provided, that they wear them on Festival-Dayes, on forfeiture (of every Alderman, that has them not on, according to the true intent and meaning of this &illegible;) one hundred pounds.
I give my Horns to the Councel of State, to preserve them from their Enemies, which are likely to be many; provided that they Goare with them to death Charles the Second, and his Brother the Duke of York: And likewise, that they may be added to the Arms of the Common-wealth; and quartered in the new Coyne, or fairly placed on the top of their new Mace.
I give my Eares to all the Brethren of the Separation, that they may hear of nothing but what is for the benefit of themselves and Faction: Provided, That they may be stop’d against all the just Complaints, and Grievances of the People.
I give my Eyes to the New Keepers of the peoples Liberties, that with them they may see to receive their Money; as Taxes, Excize, &c. and fore-see to prevent what their own perficiousness is bringing upon them; and that they may see to suppress all &illegible; Insurrections, and Risings of the People, that they may no more be like the blind leading the blind, &illegible; they all tumble in the ditch.
I give my NOSE, that it may be a Light to the Councel of State, and the Iuncto, that they may hold it up in the Winde to smell out all Plots and Conspiracies that shall be hatch’d or contriv’d against the present Government.
I give my Breath to all Flatterers and Parasites in the House of Commons, that with it they may breath out new Oathes, Covenants, Protestations, and Vows; and abrogate and break them at pleasure.
I give my Tongue to all Detractors and Parasites in the Supreame Authority, to bewitch the poor people withal; and perswade them to their Ruine: but especially, to Iohn Bradshaw Esquire, Rogue President of the Councel of State, that with it he may pronounce Sentence on any that shall be more honest, more wise, or richer then himself, that so there may be store of new Delinquents; and by that means, more Lands and Monies fall to the use of the State: provided, that before his death, he blaspheme God, as he hath pronounced Death to his King; and that it may answer in part for the same here, by rotting out of his mouth; and hereafter be dried in Dives Chimney, till it alwayes plead, and be denied the least drop to cool it.
I give my Winde-pipe and Lungs to all zealous Levites of the &illegible; that have wasted their owne, by crying out for the Cause.
I give my Liver to Towzer the Man of the Moons Dogge, that he may become hearry to bayte all the Regicides and Knaves in the Iuncto, as he hath done me.
I give my Heart to the Fraternity in Iniquity, the Common-Traytors Convened at Westminster, that it may be preserved as a holy Relique to swear by, and lay their hands on when they Compire mischief against Gods Anointed, or any of his faithful Subjects or Servants.
I give my &illegible; to the Lord General Fairfax, to beat his Wise into more honesty.
I give my Stones to Harry Martin, to tabor the pouches of all his Worships sinners in the Suburbs; provided, that first they be imployed for the service of my Wise, or the Wise of any Member of Parliament.
I give my Hadder to the City, to see if they can keep the Remainder of their Gold in it; and in case it be too little, that they make use of Colon, or that Gutt commonly called Tom of Townsend, or the Arse-gutt; Provided, If there be to spare, that their Wives have the Remainder to make them Pudding-Baggs.
I give my &illegible; with the hair on it, to make the City a new Cap of MAINTENANCE against the next Lord-Mayors Day.
I give my Leggs and Hooffs to Thomas Lord Fairfax, that when the &illegible; and the Mortus have devoured his own, he may make use of these at pleasure.
I give the lower most Tip of my Tayle to my beloved Wife, to make her a Fanne to keep the &illegible; from her painted face: The upper-part I Ordain, shall go to the Beast called the Juncto at Westminster; that though it has no head, yet it may be said to have the more tayle; and have this property to draw the third part of this City after it, to their own destruction.
I give my &illegible; to make my Lord Mayor of London a Rosse to wear to the &illegible;
I give my Cheeks to Feast all those at Christmasse that I have made poor, undone, and caused to go a begging for want of sustinance.
I give my Teeth to the devouring Catterpillors of the Common-Wealth, viz. Committees, Sequestrators, and Excize-men; that as they have begun, they may make a quick dispatch, &illegible; they have devoured us; because the expectation of evil, is in many, more then the evil it self.
I give my Neck to all Citizens & Merchants to seed their Servants withal.
I give my Mary-bones to the Regenerate &illegible;, that they may thereby be made the stronger to bear, encrease, and multiply; and the lustier to exeacise their bodily Gifts, and so bring forth the &illegible; of the Spirit.
I give my Chines to the Commanders of the Army, to make them hearty to sight against Ormond and Iachiquin; and to imploy the remainder of their strength on strange women.
For all my good Qualities (which I prosesse are but a few) I desire they may be Registered in the Chronicle of the Free-States of England; to be had in perpetual remembrance, &illegible; King Charles the Second shall come to the Crown.
I give my Faith to the Common-Councel, that they may look up and beleeve, when the Iuncto and Councel of State wants more Money.
I give my Religion to the Fraternity of &illegible; &illegible; from whence it was at first deriv’d; provided, that the Brethren of the Separation act those Tenants on bishops and Kings which the Jesuites do instruct them in, for the propagation of Heresie and Rebellion.
I give my Rellowing to Hugh Peters to pronounce Damnation with; and my Inwards to the Butchers wife that robb’d her good man, to relieve him.
I leave all my Children to the Tuition of William Loe, to see them brought up to read their Neck-verse, and to Commence at Doctor &illegible; Cap, receiving first the Ceremony of their Order in their hands.
I give the Roape that I am bayted with, to hang up all Traytors and Regacides; provided, that Iohn Bradshaw have the first use of it, and after him, Cook, Alke, Steele, and all and every Member of the High Court of mock-Justice, by what means or Titles soever distinguished; and afterwards to come to Teuch, Tue, and the rest of the Rogues that were hired to cry Justice against the King.
Lastly, I Will and Ordain my Offall to be buried in the Abby of Westminster, and to have a Tombe raised over them with my statue; and underneath these Verses following:
And this my last VVill and Testament to stand in full Force and Vertue, Renouncing all former Wills, Bills, Bonds, Promises, Grants; or the like, in any wise notwithstanding.
Oliver Crum-Well.
Witnesses,
Tho. L. Fairfax. Phil. Pembroke.
Joh. Bradshaw, Hen. Mildmay.
HEre lies (the Devil take his Soul)
One, for whom no Bell would towl:
He liv’d a Murderer, dy’d a Knave;
Deserv’d a Halter, not a Grave.
Some call’d him Noll, some the Town. bull,
Or Iron-sides, that the Land fill’d full
Of Athiests, Shismaitcks, and Hereticks,
That Ruin’d Kingdoms; undid Bishopricks,
Despis’d his God, kill’d his King, broke th’ Laws,
Eate up our labours with devouring jawes;
Cozen’d the People, spoyl’d all the Land;
Had Lives and Goods at his Command.
You that Make. water, pray now stay,
Piss on his Grave, and go away.
That they that purge, may for his grace
Un-truss, and S —— upon his face.
FINIS.
T.207 (6.22) John Lilburne, An Impeachment of High Treason against Oliver Cromwel, and his Son in Law Henry Ireton Esquires (10 August 1649).↩
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Bibliographical Information
ID NumberT.207 [1649.08.10] (6.22) John Lilburne, An Impeachment of High Treason against Oliver Cromwel, and his Son in Law Henry Ireton Esquires (10 August 1649).
Full titleJohn Lilburne, An Impeachment of High Treason against Oliver Cromwel, and
his Son in Law Henry Ireton Esquires, late Members of the late forcibly dissolved
House of Commons, presented to publique view; by Lieutenant Colonel Iohn Lilburn
close Prisoner in the Tower of London, for his real, true and zealous affections
to the Liberties of his native Country. In which following Discourse or Impeachment,
he engageth upon his life, either upon the principles of Law (by way of indictment,
the only and alone legall way of all tryals in England) or upon the principles
of Parliaments ancient proceedings, or upon the principles of reason (by pretence
of which alone, they lately took away the Kings life) before a legal Magistracy,
when there shal be one again in England (which now is the leasst there is not)
to prove the said Oliver Cromwel guilty of the highest Treason that ever was
acted in England, and more deserving punishment and death.
Then the 44 Judges hanged for injustice by King Alfred before the Conquest;
or then the Lord chief Justice Wayland and his associates tormented by Edw.
1. Or, then Judg Thorpe, condemned to dye for Bribery in Edw. 3. time; Or,
then the two dis-threned Kings. Edw 2. and Rich. 2. Or, then the Lord chief
Justice Tresillian, (who had His throat cut at Tyburn as a Traitor in Rich.
2. time, for subverting the Law) and all his associates; Or, then those two
grand Traytorly subverters of the Laws and Liberties of England, Empson and
Dudley, who therefore as Traytors lost their heads upon Towerhill, in the beginning
of Henr. 8. raign; Or, then trayterous Cardinal Wolsey, who after he was arrested
of Treason, poysoned himself; Or, then the late trayterous Ship-Money Judges,
who with one Verdict or Judgment destroyed all our propertie; Or, then the
late trayterous Bishop of Canterbury, Earl of Strafford, Lord-Keeper Finch,
Secretary V. Vindebanck, or then Sir George Ratcliff, or all his Associates;
Or, then the two Hothams, who lost their heads for corresponding with the Queen, &c.
Or, then the late King Charls whom themselves have beheaded for a Tyrant and
traytor.
In which are also some Hints of Cautions to the Lord Fairfax, for absolutely
breaking his solemn Engagement with his souldiers, &c. to take head and
to regain his lost Credit in acting honestly in time to come; in helping to
settle the Peace and Liberties of the Nation, which truly, really, and lastingly
can never be done, but by establishing the principles of the Agreement of the
Eric. People; that being really the peoples interest, and all the rest that
went before, but particular and selvish.
In which is also the Authors late Proposition sent to Mr Holland, June 26.
1649. to justifie and make good at his utmost hazard (upon the principles of
(illegible), Law, Reason, and the Parliament and Armies ancient Declarations)
his late actions or writings in any or all his Books.
Ier. 5. 26, 27, 8, 29. For among my peoyle are found wicked men: they lye in wait as he that setteth snares, they set a trap, they catch men. As a cage usefull of Birds, so are their houses full of deceit; therefore they are become great, and waxin rich. They are waxen fat, they shine; yea, they overpass the deads of the weeked; they judg not the cause, the cause of the Fasthertess, yet they prosper; and the right of the needy doe they not judg. Shall I not visit for those things, saith the Lord? Shall not my soul be avenged of such a Nation as this?
Imprinted at London, Anno Dom. 1649.
The Tract contains the following parts:
- The Author to the Courteous Reader.
- To all the Affectors and Approvers in England, of the London Petition of the eleventh of September, 1648
- TO His honored Friend, Mr. Cornelius Holland, These
- My Prayer
- Copy of Petition: To the Supream Authority of England, the Commons assembled in PARLIAMENT. The earnest Petition of many Free-people of this Nation ("THat the devouring fire of the Lords wrath")
- Sundry REASONS inducing Major ROBERT HUNTINGTON to lay down his Commission, Humbly presented to the Honourable Houses of Parliament, 2 August, 1648
- To the Honorable the chosen and betrusted Knights, Citizens, and Burgesses assembled in PARLIAMENT: The humble Petition of divers wel-affected Free-born people of England, inhabiting in and about East-Smithfield and Wapping, and other parts adjacent
- The CHARGE of the Commons of England, against CHARLES STUART King of England, Of high Treason, and other high Crimes, exhibited to the High Court of Justice, Saturday the 20 of January, 1648(49)
Estimated date of publication
10 August 1649.
Thomason Tracts Catalog informationTT1, p. 763; Thomason E. 508. (20.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
COurteous Reader, There wanting room at the conclusion of this Discourse to make a Postscript, I am necessitated to make it upon the back of the Title page, that being the last printed; and to acquaint thee, that divers weeks agoe, this discouse was all in a manner printed, which I have been necessitated to keep in ever since, by reason of a little liberty I obtained of the day time to visit my sick and distressed family, which by sicknes have been sorely afflicted by the wise hand of him that dispenseth all his dealings to those that truly know him in mercy and loving kindnesse, with the bowels of a loving father; yea, in afflictions (his seeming frowns) hath that end in them to draw the souls of his nigher and closer to himself, and that thereby they may truly and substantially see that in the naked injoyment of himself, that is not to be found in all earthly or creature objects or delights; and his wise hand having thought it fit to exercise my faith and patience by taking away both my Sons from me, who were the greatest part of my earthly delight in this world, and brought my wife and daughter even to deaths door; which affliction I must truly acknowledge made me unfit to think almost of any earthly thing, and became unto me a greater tryall of my dependence upon God, then ever I had in my life; especially, being not alone by my self, but a company like Jobs, with many other bitter ones: but my sweet father letting me see his hand in it, and being merciful to me in sparing and recovering my wife and daughter, and hath as it were brought my spirit to its selfe, which hath made me wait for a righteous and hoped for composure betwixt my unrighteous adversaries and my self, and (which if it had come I had burnt this discourse) in whose promises I constantly find nothing but meer delusions: and therefore am compelled in my own spirit to let this fly; and the rather, because Sir Arthur Haflerig, and Colonel Fenwick treacherously and theevishly have not only without any pretence of Law and Justice but their meer wills seized upon above 1000l. of my estate in the North, but also most maliciously detaine it in their hands, and are so resolved to do; which action tends to the apparent ruine and destruction of me and the rest of my Family remaining alive, whose wickednesse in this particular, &c. I have hinted at in the following discourse, pag 6. 8. as also in the 12 page of the late second edition of my Book. Entituled, The legall Fundamentall Liberty of the People of England revived (the 2 last pages of which I also intreat the Reader carefully to peruse) which with other grand oppressions both general and particular remaining upon me in severall particulars; and also seing no rationall hopes of any just composure; I am resolved (being I am in manner a weary of any thing I can see abroad) through the assistance of God to be as prodigall of my pen and life for the future as my bloody and tyrannicall adversaries are of their oppression, cruelty, tyranny and blood-thirstines, and so I rest this Present August 1649. as much as ever
To all the Affectors and Approvers in England, of the London
Petition of the eleventh of September, 1648. but especially to the owners of it, by their subscriptions, either to it, or any other Petition in the behalf of it; and particularly to the first promoters of it, my true Friends, the Citizens of London, &c. (continuing [Editor: illegible word] in their principles, by Offices, Places, or other base bribes or rewards) usually meeting at the Whalbone in Lothbury, behinde the Royal Exchange commonly (but most unjustly) stiled Levellers.
IT is the saying of the Spirit of God, Prov. 17. 17. That a friend loveth at all times, and a brother is born for adversity. And Prov. 18. 14. There is a friend that sticketh closer then a brother; the last of which sayings, I am able by experience to seal to the truth of; and even amongst you, I have found some, that in the burning heat of the day of my Adversity have stuck closer to me, then my brother; which was not onely largely manifested by your Petitioning for me, when I was prisoner in Newgate, about four yeers ago, and by your effectual Petitioning for me last year, which was the histrumental means of my deliverance out of an almost three years captivity; But also your late unwearied pains taken for me, &c. in divers Petitions of a hazardous nature, at the beginning of my present captivity; which though fruitless in themselves, as to my liberty; yet are strong demonstrations of the continuance of your zealous afflictions to me in particular and to the Liberties of the Land of your nativity; for which I suffer, and am in bonds.
But hearing that you had some thoughts of new motions for me, and my fellow prisoners, I judg it a fit opportunity for me, to visit you with a few lines, and to acquaint you how things at present stand with me. I beleeve the most of you have seen, if not read my late Book of the eight of June, 1649. Intituled, The legal fundamental Liberties of the people of England, revived, affected, and vindicated, in which, from the 43 page to the 59. page. I have fully, both by Law and Reason, undeniably and unanswerably proved, That the present Juncto sitting at Westminster, are no Parliament at all, in any sense, either upon the principles of Law, or Reason, but are a company of usurping Tyrants, and destroyers of your Laws, Liberties, Freedoms, and Properties, sitting by vertue of the power, and conquest of the Sword; from whom, if we will believe their Oracle Mr. John Cook, we may, and ought, if we can, to deliver our selves. His words in the Kings Case stated page 10. are, That all people that live at the beck and nod of Tyrannical men, may and ought to free themselves from that Tyranny if and when they can; for such Tyrants, that so domineer with a rod of Iron, do not govern by Gods permissive hand of approbation or benediction, but by the permissive hand of his providence, suffering them to scourge the people, for ends best known unto himself, until he open a way for the people to work out their own infranchisements.
And in page 22. (saith he) Conquestionely makes title amongst Wolves and Bears, but not amongst men: And in page 8. That a man ruling by Lust, and not by Law, is a Creature that was never of Gods making, nor of Gods approbation, but his permission; and though such men are said to be gods on Earth, its in no other sense, then the Devil is called, the god of this world.
The same Note also the great men of the Army sing, in their late Remonstrance from Saint Albans, Novemb. 16. 1648. p. 48. 67. and in page 22. they say. That when a Magistrate intrusted with a power to protect and preserve the peoples Rights and Liberties, shall rise to the assuming hurtful powers, which he never had committed to him, and indeed, to take away all those foundations of Right and Liberty, and of redress, or remedy too, which the people have reserved from him, and to swallow up all into his own absolute will and power, to impose or take away, yea, to destroy at pleasure; and declaring all appeal herein, to the established equal Judgment, or to any other Judgment of men at all, shall flie to the way of Fame, upon the trusting people (which both Cromwel and Ireton, &c. have already, as really done, as ever the King did,) and by it attempt to uphold and establish himself in that absolute tyrannical power, so assumed over them; and in the exercise thereof at pleasure, such a person in so doing, does forfeit that trust and power he had, and absolve the people thereby, from the Bonds and Covenant of Peace betwixt him and them; does set them free to take their best advantage, and (if he fall within their power) to proceed in judgment against him, even for that alone, if there were no more; of all which, in the evil part of it, in the highest, the chief Authors of that Remonstrance are guilty: Therefore out of thy own mouth will I judg thee, thou wicked servant, saith Christ, Luke 19. 22. And saith Paul to his, One of themselves, even a Prophet of their own said, The Cretians are always bers, evil Beasts, slow Bellies: this witness is true; therefore———&c.
Now I say, considering that which is before declared, I cannot upon any terms in the world, either with safety, justice or conscience, as things stand with me at present, give my consent, but hinder as much as I am able, all addresses from you, or any others for me, that shall own those usurping Tyrants as a Parliament, especially by Petition, which was a course (saith the pretended Parliament Solicitor against the King, in his Case stated, page 24.) which Gods people did not take with Rehoboam, for they never Petitioned him (although he was their lawful and supreme Magistrate) but advised him; he refusing their counsel, and hearkened to young and wicked Counsellors, and they cry out, To thy Tents O Israel, and made quick and short work of it.
But I shall rather desire and advise you; by Letter like your selves, address your selves to the Lord Fairfax; by the sword of whom and his Souldiers, I am now in prison for my honesty and innocency, and nothing else, and demand my liberty of him; if he refuse, print it, and do as God, and Reason shall direct you; for it was his and his Souldiers force that fetcht me out of my Bed, the 28 of March, 1649 without all shadow of Law or Justice, and against the tenor of all their own Declarations; the particular pages of which, you may read in my following Letter to Mr. Holland, page 5. And by force of Arms, carryed me to Whitehal, and then to Derby house, before a company of men, that in Law had no more power to commit my body to prison, then so many theeves and robbers upon Suiters Hill have; who by the Rules of their own wills (as in the second Edition of the Picture of them, I have fully declared) sent me by force of Arms to the Tower; for all my short eternity in this world.
But I interest you seriously to consider that I cannot advise you to make address to him, as the General of the Nations forces, for he is no such thing; but is meerly a great Tyrant, standing by the power of his own will, and a strong sword, born by his vassals, slaves and creatures, having no commission to be General, either from Law, the Parliament, or from the prime Laws of Nature and Reason.
For First, when he was first made General by both Houses of Parliament, it was expresly against the letter of the Law, which action cannot be justified, either before God or man, but in case of extream necessity; and for the accomplishment of a universall righteous end, viz. The redeeming, setling, and securing the peoples rational and just Rights and Freedoms, and not in the least, for setting up any particular selvish or factious interest.
But secondly, in refusing to disband, &c. he hath rebelled against his Parliament commission, and thereby destroyed and annihilated it; And at New-Market Heath, the fifth of June 1647. betook himself to the prime Laws of Nature, and by common consent of his Officers and Souldiers became their General, and entred into a solemn and mutuall ingagement before God, and one another, for the accomplishment of those righteous ends therein contained, for the good of the Kingdom and themselves, by subscribing his name, or at least expresly assenting thereunto, and approving thereof with solemn ingagement, as is at large Printed in the Armies Book of Declarations, p. 23, 24, 25, 26. by the very letter of which, he, nor his Officers could not govern the Army jointly or severally, by the former Rules or Articles of Martiall Law, no nor so much as make an Officer of the meanest quality, nor put forth any publike Declaration, nor treat with, nor conclude with any in reference to the Army, but by the joynt advice and approbation of their new crected and established councel of Adjutators, which for order and methods sake, the General was betrusted to convene and call together, as the King formerly was Parliaments, or the Lord Mayor of London Common Councels; and yet notwithstanding he and his Officers, like a generation of most perfidious, false, and faithless men, broke all this ingagement to pieces, within less then twenty dayes after it was made, and so annihilated and destroyed his power, authority, or commission, flowing from the consent of the Souldiers, before he had really accomplished any one thing, he, or they ingaged for, and hath since two severall times, put a nullity, or force, upon his originall Creators, Lords and Masters, the Parliament.
And that he and his Officers broke their forementioned solemn ingagements in so short a time. I prove fully out of their own book of Declarations, in which page 36. to 46. I finde a Declaration, dated the 14. of June, 1647. made and published by his Excellency Sir Thomas Fairfax, with the Officers and Souldiers of his Army; (mark it well) for in the very words of it, it is, in Excellency worth all the Declarations that ever the Army made since: and in page 47. to 50. I finde a generall charge against the eleven Members, with a paper delivered with it to the Parliaments Commissioners at St. Albans, the 17. June 1647 by the appointment of his Excellency Sir T. Fairfax, and the Soldiers of the Army under his command; but in the following pages, viz. pag. 51, 52, 53, 54. I finde that the 21, 22, 25. of June, 1647. his Excellency, and his Councel of War alone, without the Councel of Adjutators, representing the Souldiers, according to their ingagement, with letters to, and entered into a Treaty with the Lord Mayor and Common-Councel of London, which was a base, perfidious, treacherous act, and an absolute breach of their solemn ingagement; yea in page 57. June 23. 1647. The General, and twenty eight Grandee, and creature Officers, publish a Remonstrance to the Kingdom, and that in the name of the Army; in which base and abominable apostacie they continued, without ever wiping their mouths, or recanting what they had so unjustly done, as the whole tenor of their Book of Declarations doth declare; yea when the particular charge against the eleven Members comes from them, it comes onely in the name of the General, and his Councel of War, page 94. yea, and all this, with ten times more (as I beleeve the world will shortly and fully see) was done in despite of the Adjutators, or consent of the Regiments, Troops, or Companies; for all those two grand and lying Apostates (Cornet Den, and Parson John Can, a late cheat at Amsterdam) confident affirmations to the contrary in their late Printed lying books, intituled the Levellers Design, page 4, 5. and the second part of the Discoverer, page 5. 6. where they aver, That the councel of Adjutators, established by the Armies solemn ingagement, was dissolved and made null by the same power by which they had their constitution; and that it was done by a Petition to the Generall from most of the Regiments, &c. But although I iudg the two forementioned lying base Apostates, to be so abominably vile, that I judg not my excrements mean enough upon equal terms to ballance against them; yet knowing the affairs of the Army then so extraordinarily well as I do, I will ballance life against life, that neither they, nor any man breathing can produce a Petition so much as from one single Troop or Company, much less from a Regiment, and therefore much less from the greatest part of the Regiments, both of Horse and Foot, for calling, home their Adjutators, before the Gen. and his Officers had, as is before mentioned, broke in pieces the solemn engagement again and again (and invasion of Rights and Priviledges was the true declared ground and cause of all the late wars with the late beheaded King, and is really the originall ground of most (if not all) the cruell wars in the world) But if the Souldiers had made such a Petition (which they never did) it were not much materiall I think, for they ingaged something to and for the Kingdom, in reference to the setlement of their Liberties and Freedoms, which I am sure they in no one title ever accomplished or performed, and therefore till that be done, they can not rationally or justly absolve themselves from the true intent or meaning of that engagement.
But I wish those Champions for lies and Apostisie, would instance the place where, the time when, and the Regiments that subscribed and delivered such a Petition, and deal ingeniously with the world, whether it were a free act, or a compulsive one, wrought underhand, by all the snares, policies, tricks, gins, and slights, that possible the Officers could invent, without or below a visible and compulsive force, which can never of right unty that knot; Sure I am, divers of the Adiutators, &c. sent severall complaints to me, &c. to the Tower from St. Albans; Immediately after the solemn ingagement was made, complaining that Cromwel, Ireton, &c. (one of which two pen’d this engagement) would needs then by force and frowns totally break and dissolve it; of which baseness (though then we were not visibly faln out) I told Cromwel very freely and plainly of, as appears by my Letters to him of the 22 of Jun, 1647 and the 1 of July 1647. and in my Advise to the Adiutators of the 16 of July, 1647. All which I caused immediately after to be Printed in my Book, called Jonahs cries out of the whales belly, and the like in my little Book, called the Juglers Discovered; and I am sure it was August following, when the Armies Head quarters were at Kingston, where Cromwel begun to be afraid of the Adiutators apprehending his underhand and night Juglings with the King, to make himself able, like Cardinal Woolsey, to say, I and my King, which he was afraid the Adiutators should take too much notice of, although long before their power and authority was destroyed; and therefore was not willing they should at all remain or lodge at the Head quarters, although Crumwel had weeks, and some moneths before designedly, and of set purpose, with all his power and interest, walked in a continual breaking and trampling the engagement under his feet, and therefore about that time he and his agents set that Petition a foot, to rid the Head quarters of the Adiutators, that they might not so much as see his baseness, but alas, that Petition could not null and destroy that that was broken, nuld in efficacy and power, annihilated long before, but yet I could not for all this ever hear, that Petition was one tenth part so formall as they report it to be.
But from what hath been already said, (and in time will speedily be declared) it is evident that the General and the Officers at St. Albans broke their solemn engagement with their Souldiers and the Kingdom, immediately after it was made, and tyrannically and treacherously invaded their Rights and Freedoms, which bred heart-burnings, and those divisions which the publique enemy (so called) took the advantage of, and so came on the wars; God ever after their abominable and villanous appostacy, filling their hands with troubles and confusions, besides loss of reputation and good name, upon whose score alone lies the true guilt of all the blood-shed in the last years war, and of all the miseries that since have befaln Ireland* and this year again is likely, by forraign invasions of strange Nations, and by intestine broyles to befall England; and therefore if you love the Lord Fairfax, tell him, that though people at the present deal by him and Cromwel, &c. as the Parliament used to do with the King, laying all the evill of his actions upon his evill Councellors, yet he and his Officers in their Remonstrance from St Albans, 16. of November 1648. say, That the King himself is the reall Fountain, and true originall, from whom principally all that mischief hath issued, that of late in his Raign hath befaln the Kingdom, being himself the principall Author, and causer of the first and second war, and thereby guilty of all the innocent blood spilt therein, and of all the evils hapning thereby, pag. 17. 19. 23. 24. 61. 62, 64. whose one example, in doing Justice upon, to future Generations, would be of more terror and avail, then the execution of his whole party,; pag. 47. 48. It being (as they say) a most unjust and unconscionable thing to punish inferior Ministers, the accessories, and let the King, the principall, go free, pag. 50.
Even so, though most men now lay the blame of all the Armies apostacy, baseness, perfidiousness and treachery upon Cromwel and Ireton, as the Generals evil Councellors; yet they (his Screen betwixt him and the peoples wrath) being gone from him towards Ireland, he will now appear nakedly and singly, to be as he is in himself, and let him take heed, lest from his by-past constant, signing, assenting to, approving of, and acting in all their perfidiousness, treachery and baseness, with his present carriage, now he stands, as it were a Noun Substantive, upon his own legs, and may now most gloriously act honestly and justly if he please, without their controul or any others (and so regain his lost credit and reputation) if wickedness and baseness be not as largely inherent in his heart, as it is in either Cromwels, or Iretons: I say, let him take heed from all his actings, the knowing and seeing people do not justly conclude him to be the principal Author and causer of all their miteries, distresses and woes; and so in time serve him, as he hath served the King. and only put Cromwel, Ireton, Hashrig, Bradshaw, Harrison, &c. in Hambletons, Hollands, Capels, Gorings, and Owens places, as but accessories or dependants upon Fairfax the principall.
But my true friends, I shall hear take upon me the boldness (in regard of the great distractions of the present times) to give a little further advice to you, from whose company or society (or from some of them) hath begun, and issued out the most transcendent, clear, rational and just things for the peoples Liberties and Freedoms, that I have seen or read in this Nation as your notable and excellent Petition of May 20. 1647. burnt by the hands of the common Hangman, Recorded in my Book, called Rash Oaths unwarrantable, pag. 29, 30, 31, 32, 33, 34, 35. with divers others Petitions of that nature; and the Petition of the 19 of Jan. 1647. Recorded in the following discourse, pag. 45, 46, 47, 48, &c. and the masculine Petition of the 11. of Sept: 1648. so much owned by Petitions out of severall Counties, yea, and by the Officers of the Armies large Remonstrance from St. Albans of the 16. Novemb. 1648. pag. 67, 68, 69. The substance of all which, I conceive is contained in the Printed sheet of paper signed by my fellow prisoners, Mr. Will. Walwin, Mr. Tho. Prince, Mr. Rich. Overton, and my self, dated the 1. of May, 1649. and intituled An Agreement of the free people of England, &c. The principles of which I hope and desire you will make the final Center, & unwavering Standard of all your desires, hazards, and indeavors, as to the future settlement of the peace and government of this distracted, wasted, and divided Nation; the firm establishing of the principles therein contained, being that only, which will really and in good earnest marry and knit that interest, what ever it be, that dwells upon them, unto the distressed, and oppressed Commons, or people of this Nation; yea, the setling of which principles, is that, that will thereby make it evident and apparent unto all rationall and understanding people in the world, that the reall and hearty good and welfare, of the people of this Nation, hath cordially, and in good earnest been that, that their souls have hunted for, and thirsted after in all the late bloody civill wars, and coutests: All the Contests of the Kings party for his will and Prerogative, being meerly Selvish, and so none of the peoples interest; and the contest of the Presbyterlans for their to make-bate, dividing, and hypocriticall covenant, no better in the least; and the present contest of the present dissembling interest of Independents for the peoples Liberties in generall, (read the following Discourse, pag. 27, 28, 29) meerly no more but Self in the highest and to set up the false saint, and most desperate Apostate murderer and traytor, Oliver Cromwel, by a pretended election of his mercenary souldiers, under the false name of the godly Interest, to be King of England, &c. (that being now too too apparently, all the intended Liberties of the people that ever he fought for in his life,) that so he might rule and govern them by his Will and pleasure, and so destroy and envassalize their lives and properties to his lusts, which is the highest treason that ever was committed or acted in this Nation, in any sense or kinde; either first, in the eye of the Law, or secondly, in the eye of the ancient (but yet too much arbitrary) proceedings of Parliament, or thirdly in the eye of their own late declared principles of reason; by pretence of which (and by no rules of Law in the least) they took away the late Kings head, and life, which if there were any Law or Justice in England to be had, or any Magistrates left to execute it, (as in the least there is not) I durst undertake upon my life, plainly, evidently, and undeniably, to make good the foresaid unparallalel treasons against the foresaid Ol. Cromwel, upon, & against all the three forementioned principles, viz Law, Parliament, and Reason; yea, and to frame against him such an Impeachment, or Indictment (which way of Indictments is the true, legall, and only just way of England to be tried at the Common Law, higher and greater then all the charges, against the fourty four Judges) hanged for false and illegal Judgments, by King Alfred before the conquest; which with their crimes, are recorded in the Law Book, called The mirror of Justice, Printed in English, for Matthew Walbank at Grayes Inn gate, 1646. page 239. 240. 241. 242. 243. 244. 245. See also page 196. 197. 207. ibid.
Or then the impeachment or accusation Of the Lord chief Justice Wayland, and the rest of his brother Judges and Lawyers, tormented in Edward the first his time, and mentioned in Speeds Chronicle, fol. 635.
Or then the impeachment in Parliament, against Judg Thorp, who for taking small bribes against his oath, was condemned to die in Edward the third his time; of whom, you may read in the 3. part. Cooks Institut. fol. 155, 156. and in Mr. Pyms Speech against the Earl of Swafford, in the Book called Speeches and Passages of Parliament, pag. 9.
Or then the impeachment on a charge of the dethroned King Edward the second, in full Parliament, the maner of whose dethroning you may notably read in Speeds Chronicle, fol. 665.
Or then the many Articles of impeachment, of the dethroned King Richard the second, in full Parliament, recorded at large in the Chronicles, or History of Will. Martin, fol. 156. 157. 158. 159. the 8. 10. 12. 15. 21. Articles of which, I conceive most remarkable, as to the people, which are extraordinary well worth the reading; for in them the King himself, in those dark days of Popery, is charged To have perverted the due course of the Law, or Justice, and Right; and that he destroyed men by information, without legal examination, or tryal; and that he had declared the Laws of the Kingdom, were in his own brest (just the same thing do Mr. Peters and other mercenary Agents of the Grandees of the Army, now constantly declare of them) and that by himself, and his own authority (just Cromwel and Ireton like, onely much short of them) he had displaced divers Burgesses of the Parliament, and had placed such other in their rooms, as would better fit and serve his own turn.
Or then the impeachment of the Lord chief Justice Trisilian (who had the worship or honor in Richard the second his time, in full Parliament, to be apprehended in the forenoon, and hanged at Tiburn in the afternoon) with his brother Judges, viz. Fulthorp, Belknap, Cart, Hot, Burge, and Lockton; or their associates, Sir Nicholas Bramble, Lord Mayor of London, Sir Simon Burley, Sir William Elinham, Sir John Salisbury, Sir Thomas Trevit, Sir James Bernis and Sir Nicholas Dodgworth; some of whom were destroyed and hanged, for setting their hands to Judgments, in subversion of the Law, in advancing the Kings will above Law; yea, and one of them banished therefore, although a dagger was held to his brest to compel him thereunto.
Or then the indictment, of those two grand and notorious, traitorly subvertors of the Laws and Liberties of England, Empson, and Dudley, Privy Counsellors to Henry the seventh recorded in Cooks 4. part. Institut. fol. 198. 199 read also fol. 41. ibid. and 2. part. Instit. fol. 51.
Or then the impeachment of that notorious, wicked, and traiterous man, Cardinal Woolsey, by King Henry the eight his Privy Councel, recorded in the 4. part. Cooks Instit. fol. 89. 90. 91. 92. 93. 94. 95. Read especially Artic. 17. 20. 21. 23. 25. 26. 30. 31. 33. 35. 38. 42. in all which, he is charged with Arbitrariness, and subversion of the Law.
Or then the impeachment of the Shipmoney Judges, who in one judgment did as much as in them lay, destroy all the Properties of all the men in England; read the notable Speeches against them, in Speeches, and Passages.
Or then the impeachment of the Bishop of Canterbury, in the late Parliament.
Or then the impeachment, of the Lord Keeper Finch, Earl of Strafford, Secretary Windebank, Sir Richard Bolton, Lord Chancellor of Ireland, John Lord Bishop of Derry, Sir Gerrard Lowther, Knight, Lord chief Justice of the Common Pleas in Ireland, and Sir George Ratcliff, all whose impeachments are recorded in a Book, intituled, Speeches and Passages of Parliament, from November, 1640. to June, 1641. Pag. 76. 77. to 83. and 117. 118. to 143. and 174. and 256. 257. 258.
Or then the Articles or charge against the two Sir John Hothams; the elder of which, kept the King out of Hull, the beginning of these Wars, when the House of Commons durst not command him positively to do it, although they were effectually put upon it, by a motion from the younger, then sitting in the House; and yet they were both beheaded as Traytors, for but endevoring to betray Hull to the King.
Or then the late impeachment of Sir Philip Stapleton, Master Denzil Hollis, and the rest of the eleven Members, whose impeachment of high Treason, is recorded in the Armies Book of Declarations pag. 47. to 50. and pag. 94. 95. 96. &c. And yet the same things, that some of them, in a capital maner, were impeached for as Traytors, their impeachers acted, and did at the very self same time, as is clearly declared in the following discourse, pag. 31. 32. to 39. and page 53. to 62.
Yea, or then the impeachment of King Charls, whom Cromwel and Ireton principally (Bradshaw being but their hired mercinary slave) have beheaded for a Tyrant and Traytor; whose impeachment is recorded in the following discourse, page 65. 66. 67.
But the principles of the foresaid Agreement, being so detestable and abominable to the present ruling men, as that which they know will put a full end to their tyranny and usurpation, and really ease and free the people from oppression and bondage; that it is something dangerous to those that go about the promotion of it; yet I shall advise and exhort you vigorously, to lay all fear aside, and to set on foot the promotion of it, in the same method we took for the promotion of the foresaid Petition of the 19 of January, 1647, laid down in the following discourse, page 23. 24. 25. And write to your friends in every Country of England to chuse out from amongst themselves, and send up some Agents to you (two at least, from each County, with money in their pockets to bear their charges) to consider with your culd and chosen Agents, of some effectual course speedily to be taken, for the setling the principles thereof (as that onely within an earthly Government, can make you happy) or at least, to know one anothers mindes, in owning and approving the principles thereof; that so it may become to you, and all your friends, your center, Standard, and Banner, to stick together to, in the time of those forraign invasions, and domestick insurrections, that are like speedily to bring miseries enough upon this poor and distressed Nation, and unanimously resolve & engage one to another, neither to side with, or fight for the Cameroes, fooleries, and pride of the present men in power, nor for the Prince his will, or any other base interest whatsoever (the which, if you should fight for, it would be but an absolute murdering of your Brethren and Countrymen, you know not wherefore) unless he, or they will come up to those just, righteous, and equitable principles therein contained, and give rational, and good security, for the constant adhering thereunto; and upon such terms, I do not see, but you may justifiably, before God or man, Joyn with the Prince himself (yea, I am sure a thousand times more justly, then the present ruling men (upon a large and serious debate) joyned with Owen Roe-Oneal, the grand bloody rebell in Ireland) who if we must have a King, I for my part had rather have the Prince, then any man in the world because of his large pretence of Right, which if he come not in by Conquest, by the hinds of Forraigners (the bare attempting of which may apparently hazard him the lots of all at once, by gluing together the now divided people to Joyn as one man against him) but by the hands of Englishmen, by contract, upon the principles aforesaid (which is easie to be done) the people will easily see that presently thereupon, they will injoy this transcendent benefit (he being at peace with all forraign Nations, and having no regall pretended Competitor) viz. the immediate disbanding of all Armies, and Garrisons, saving the old Cinque-ports, and so those three grand plagues of the people will cease, viz. Free-quarter, Taxations, and Excise, by means of which, the people may once again really say, they injoy something they can in good earnest call their own; whereas, for the present Army to set up the pretended false Saint Oliver (or any other) as their elected King, there will be nothing thereby from the beginning of the Chapter to the end thereof. but wars, and the cutting of throats year after year; yea, and the absolute keeping up of a perpetuall and everlasting Army under which the people are absolute and perfect slaves, and vassals, as by woful and lamentable experience they now see they perfectly are which slavery and absolute bondage is like daily to increase, under the present tyrannicall and arbritrary new erected robbing Government; And therefore rouze up your spirits before it be too late, to a vigorous promotion, and setling of the principles of the foresaid Agreement, as the onely absolute and perfect means to cure you of all your maladies and distempers: So with my hearty and true love presented to all that remain upright amongst you (without being perverted to Apostacy by the pretended Councell of States places or bribes) I commit you to the safe tuition and protection of the most high, the Lord Jehovah, and Almighty, and rest,
TO His honored Friend, Mr. Cornelius Holland, These.
WIthout preamble, give me leave to visit you with a few lines; and in the first place really to acquaint you with the true cause of my present writing, which is as followeth: I am in Prison, I know not wherefore, and I am confident those that sent me do not, for if they had, they would since the 28. day of March last (being the first day of my Imprisonment) have laid some crime unto my charge (which yet to this day they have not) or if they had been able to do it, they would let me have seen, either my Prosecutor or my Accuser, or at least my Accusation; none of all which to this present day I ever saw, but was condemned by Vote in the nature of a Traytor, uncharged, and unheard which if I may believe the ancient Declarations of the Army, made upon the like dealing as I have lately found, is very hard and unjust measure, as they punctually declare in their Book of Declarations, P. 10. 17. 33. 34. 35. 60. 61. 62. 65. and all this at most but for the suspition of my being active in, or accessary to an intended address to your House, which act is justifiable in a superlative manner, by the very words of your own primitive Declarations, as aboundantly appears in your first part Book of Declarations, p. 123. 201. 202. 548. but especially page 720. and which was not yet never repealed by subsequent Declarations: And for binding and obstructing publique Petitions; it is not long since the Army, or the leaders thereof charged divers of your principal members as traytors therefore, as appears in their Book of Declarations, page 83. 85. the liberty of which they reckon amongst the prime Liberties of this Nation, (for the pretended preservation, of which there hath been almost eight years bloody wars) as appears largely in their forementioned pages, but especially page 44. 118. yea, and waged war with the Parliaments, their Lords, Masters, and Impowrers for abridging them thereof, as clearly appears in their own Declarations, which makes it plain and evident, that such a Declaration made by the House of Commons against their Petition, as the House made, 27. March last, against one they supposed me to have a hand in, was the original and first declared cause of all the Armies contest with, and rebellion against the Parliament. But that I should not only be imprisoned for nothing, but close imprisoned, sometimes from the very society of my wife and children, and ever since the ninth of May, 1649. to be debarred the society and visits of my friends and acquaintance, which the very Pagan Romans would not do to Paul, that pestilent fellow, and a turner of the world upside down, as Tertullus accused him to be; yea, to be mewed up close in my lodging, with a Padlock upon my door, and Sentinels set there at night and day, that I shall not so much as speak at a distance with any of my fellow prisoners, and worse dealt with besides, then the Canibals do with their poor imprisoned Captives, who feed them fat with good cheer against the day of slaughter, or then the States of Holland do their intended to be executed theeves, traytors, or murderers, whom they largely and plentifully provide for in their imprisonment; yea, or worse then King Charls (whom you have beheaded for a Tyrant) did by his prisoners in this very place, unto the meanest of whom, out of the Exchequer he allowed three pound a week for their maintenance during their imprisonment in this place, yea, and to divers of your very members that were men of great estates, and possessed them peaceably in the third, four, fifth, &c. years of his raign, he allowed them four pound and more at week apeece for their diet, when things were cheap to what they are now; and ye for much of my time you proffered me never a peny, and when you do, you do in a mock and scorn proffer me at most but twenty shillings a week, which will do little more then pay for the necessary attendance in the close and extraordinary condition you have put me in, which I confess I refused with as much scorn as it was sent me; which close and extraordinary tormenting condition in the heat of Summer, without permitting me to step out of my lodging to take a little Air; admit you were as unquestionable a power as ever was in England, and than I had really committed treason, cannot in the least by the Law of England he justifiable; the equity and justice of which Law abhors any torture or torment whatsoever to any prisoners, though never so criminous, least that his pain, or torture, or torment should take away his reason, and constrain him to answer otherwise then of his free will, torture forcing many times the innocent person to tell lies, which Law and Justice otherwise abhor; and therefore that never enough to be magnified Lawyer, Sir Edward Cook, saith, That there is no one opinion in all our Law Books, or Judiciall Records (that he hath seen and remembers) for the maintenance of torture or torments, &c. persons being meerly instituted by Law for safe keeping, in order to a speedy triall, but not in the least for punishment or torment, as is most excellently declared by him, in the 1. Part Instit. fol. 160. a. and 2. Part, fol. 42. 43. 186. 315. 316. 589. and 3. Part, fol. 3435. and 4. Part, fol. 168.
And all this present unjust usage of me, to come not onely from the hands of my large pretended friends, whose just interest, according to their own published Declarations, I have with all faithfulness, in the midst of many deaths, for many yeers together faithfully served, and advanced with all my might: But also of those, that would seem to abhor and abominate, the Ruling and Governing by will, and Arbitrary power, as the wickedest and detestablest thing in the world, and so declare it to be, 1. Part. Book Declarations, pag. 172. 195. 214. 264. 281. 342. 464. 492. 494. 496. 498. 663. 666. 690. 699. 728. 750. And that have raised and maintained a bloody war, for seven yeers together, principally for the pretended preservation of the Laws and Liberties of England; that have pulled down the Star Chamber, High Commission, Councel Table, and House of Peers, for oppression, and arbitrary injustice; nay, and beheaded the King (the quondam glory of some of your great ones eyes,* as cleerly appears by Putney projects, Mr. John Wildemans, Truths Triumph, pag. 7, 8. and Major Huntingtons charge, delivered to the Parliament, August 2. 1648. against Lieutenant General Cromwel, &c.) pretendedly for Tyranny, and Oppression, as your selves state his Case in your notable Declaration, about Non-Addresses, dated the 11. of Febr. 1647. and your remarkable Declaration of the 17. of March, 1648. Yea, and have suffered your Solicitor General, Mr. John Cook, notably in Print to state his Oppressions; yea, and to draw most notable pregnant, and cutting inferences from them, as he doth in the 3. 4. 5. 6. 7. 11. 14. 15. 17. 20. 22. 26. 31. 36. 39. 42. pages thereof; two of which onely I shall now make use of: The first is in pag. 22. where he arguing of the right execution of Trusts, saith, That when any is intrusted with the sword for the protection, and preservation of the people; if this man shall imploy it to their destruction, which was put into his hands for their safety, by the Law of that Land, he becomes an enemy to that people, and deserves the most exemplary and severe punishment that can be invented; and this is the first necessary and fundamental Law of every Kingdom: Which if it be true, as you cannot contradict it, it being your own doctrine, then it is easie to make Application, a majore, ad minus. The second is in pag. 42. where he declares, That in pronouncing Sentence against the King, and executing Justice upon him. you have not onely pronounced Sentence against one Tyrant alone, but against Tyranny it self; therefore (saith he there) if any of them (meaning the High Court of Justice, and the Parliament) shall turn Tyrants, or consent to set up any kinde of Tyranny by a Law, or suffer any unmerciful dominecring over the Consciences, Persons, and Estates of the Free-people of this Land; they have pronounced Sentence against* themselves. But good Trees (saith he) cannot bring forth bad fruits. But say I, bad fruits, and bad actions, are evident and undeniable demonstrations, That the Trees or Actors of them, are bad and wicked.
Yea, and from those that have declared, All their power and authority, is but a be-trusted power, which they ought, and are bound in duty, to exercise and manage, onely for the ends, and uses they are be-trusted for, and cannot justly imploy it for their own, or another use, then that, for which they are intrusted, (and which is to be discharged, according to the condition, and true intent thereof) which they acknowledge to be onely for the peoples good, safety, and better being; and not in the least, for their hurt, or mischief. 1. Part Book, Declar. pag. 150. 266. 382. 700. 750. Imprecating wrath, Vengeance, Woes, and Miseries to fall upon them, when they do not faithfully discharge their trust, according to the true intent and meaning of it; and who think nothing worth enjoyment in this world, without the Liberty, Peace, and Safety of the Kingdom, and nothing too good to be hazzarded therefore, Pag. 214. An Arbitrary, Tyrannical Government, being that which they say, Every honest Moral man abhors, especially the Wisdom, Justice, and Piety of the Parliament, Pag. 494. And which every honest man ought (say they) to oppose, with the hazzard of all they have, and are; accounting those men most abominably prophane; who to satisfie the Lusts of their own Ambition, are content like Esau, to sell their birth-right, and render themselves, and their posterity, to perpetual slavery, and care not to submit themselves to any Arbitrary and unlimited Government; so they may for their own time, partake of that power, to trample and insult over others, contrary to the Laws and Liberties of England, The Standers for which, with the utmost hazzards of their lives, and fortunes, are those they will joyn to, live and die with, Pag. 660, &c.
Yea, and the same Note do the Ruling men of the Army (in the day of their distress and calamity) sing, in their Declarations; whose words are so glorious, transcendent, and self-denying, that they are enough to ravish the heart of an ingenious, single hearted man, and to make an honest soul to hazzard all he hath in this world to stand by such men, as believing it to be impossible for the hearts of any men to be so wicked, and vile, as ever to go about to think of setting up Tyranny, Oppression, and a meer self-interest, after such expressions; and to make use of all these expressions, for no other end, but the more easily to deceive, and grow strong, to subdue all those that stand in their secret ambitious ways: And that the Armies Expressions in the day of their straits, were most glorious, and ravishing, plentifully appears in their Book of Declarations, Pages 37. 39. 40. 41. 45. 46. 52. 58. 61. 62. 76. 101. 105. 110. 118. 119. 126. 128. 132. 137. 142. 144. 150. See also the Officers large Remonstrance, against the late King, dated at Saint Albans, November 26. 1648. Pag. 7. 8. 9. 12. 14. 15. 22. 23. 29. 43. 45. 47. 48. 57. 62. 65. 66. 67. 68. 69.
I say, Sir, considering all the forementioned things, in abborrency, and detestation of that faithless and tyrannical dealing with me, I was resolved, though it had been possible for you and me to live Methusalahs days, never to make any more addresses to you; nor suffer my wife, so far as in me lay, to do it in my behalf, or so much as to come at your door, to speak to any Member of your House, for the least mitigation of your indignation against me. Yet seeing contrary to my many earnest desires, and without my privity, she hath lately been with your self at the House door, about my liberty, who as she relates unto me, was very high with her; as though I had committed against you, little less then the sin against the Holy Ghost, that can never be pardoned; therefore in vindication of my own innocency, and integrity, I cannot chuse, but take this opportunity, to make a fair and ingenuous proposition unto you, that you cannot refuse, if you have but a grain of Ingenuity left in you, which is this.
That if your House please to chuse two men, I will chuse two more, and they shall have power by majority of voyces, in case they cannot agree to chuse an umpire, finally to decide the business betwixt us; and I will be content they shall appoint Cromwel, Ireton, Bradshaw, and all the Orators, or Pleaders; they had against the King, and the beheaded Lords, or as many of them as they please, to plead against me; and I will have none but my self singly, to plead my own cause against them all; and I will venture so far as my 24 or 25 hundred pounds, yet in your hands, will amount unto, five hundred pounds to one hundred, yea, and my head, to the head of him, that in your House principally caused my imprisonment, or any reasonable considerable balance; Provided, the debate may be publike, and that I may have free liberty to speak for my self; and provided, the Scripture, the Book of Statutes, Cooks Institutes, (published by your selves for good Law,) the Parliaments and Armies, Primitive, Printed Declarations, may be the Witnesses and Jury men on both sides; for the aforesaid Arbitrators, or Umpire, to guide their Judgments by. And if I cannot maintain mine own Innocency, and Integrity, against all that can, upon the Rules aforesaid, be said against me, and it be not so determinated, and judged by the major part of the Arbitrators, or Umpire, chosen as before is expressed, I will lose and forfit all I have, yea, and my life to boot: And I think this is so fair, That no rational man under Heaven, can condemn it, or me, if it be refused. But yet to make it more fair, I will give you the advantage of all you can pick out of the first and second part of Englands new Chains discovered; which I will own (although the last be Voted and declared Treasonable) my second Edition of my Picture of the Councel of State; my second Edition of my Printed Discourse with Master Peters, dated 25. of May, 1649. And my late Book of the eight of this present June, intituled, The Legal Liberties of the people of England, revived, asserted, and vindicated; or any thing acted, said, or done, by me, in the managing of them, or any of them.
Sir, I shall give you time serlously to consider of what I have here writ, and to return me your answer to it, by the first of July next; in which time, if you return me not an effectual answer, to my present Proposition, or procure my present Liberty, and my full enjoyment of my long expected, and dear purchased Star-Chamber Reparations, from bloody old* Sir Henry Vane, &c. I hereby leave you, before God, and all the world, without excuse; and am absolutely set at liberty, from all ties of former friendship, to do the best I can, by any ways or means, that to me shall appear just, for my own preservation, by Anatomizing, &c. what I know, either privately, or publikely of you, or the rest of your associates; that for nothing, but because I will not be your slave, would take away my life from me, and thereby destroy my Wife, and young helpless Babes.
Sir, I almost know how your affairs stand beyond Seas, and also in Scotland, Ireland, and this Nation, as well as your self, though you be one of the Councel of State, and I a close prisoner; and I know, that you your self know of it. You stand (for all your present greatness) upon very slippery places (and I cannot but minde you, that at the beginning of your contest with the King, I am confident, he was in number five hundred for your one; but he is laid low, and that by his oppressions.) Yet I must tell you I am now as much an English man, as ever I was in my life, and love the true Liberties of my Native Countrey, as well as ever I did in my days; and you your self very well know, last yeer I hazarded something for them, and was not revengeful; though you may remember, what clear grounds were laid down to you, and several other Parliament men, at a private Table, at the George in Channel-Row, by Master John Wildeman, and Master Edward Saxby, that I had little reason to trust any more. I have sent a true friend, with my wife, on purpose to deliver this unto, and to wait upon you for your answer, let it be what it will; and shall take leave to subscribe my self,
A true and real-hearted
Englishman,
as long as I am
Captivity in the Tower of London,
this
HAving the same day this Letter was dated, ordered my wife, with another Friend, to carry it to Master Holland, and deliver it to his own hands; at her coming home at night, she tells me, That Master Hunt (one that is very great with Cromwel and Master Holland, and one that formerly I have been very great and familiar with) had been to seek her at Winchester House, the day before; and meeting with her at Westminster, the 26 day of June, he told her, as she told me, to this effect, That he had been to seek her, to know how much money of my three thousand pounds was remaining, that so he might speedily certifie some Parliament men, who were resolved to help me speedily to all my money down and my liberty also; which did so rejoyce her, and overcome her facile credulity, That she judged it not convenient to deliver my Letter, according to my earnest desire to her, lest it might provoke, and came in all haste home to me for my Ordinance and Accounts; which to please her, accordingly I sent, with a Letter to Master Hunt, and a Printed sheet of Paper, which lively states my Star-Chamber sufferings; some hundreds of which, I delivered to the Members at their door, the fourth of September, 1648. In which Letter I acquaint Master Hunt, with my Diffidence, in any of their promises, which I have most constantly found meer delusions; and therefore inclosed my Letter to Master Holland in his, and intreated him to deliver it to him, which I understand from himself, he did, and read it to him: But yet for all my wives extraordinary conceits of her speedy enjoyment of good, and honest things from them, in reference to my self. I writ Master Hunt another Letter, (having fresh in my memory, what I said to Master Peters, in my late Discourse with him, upon the 25 day of May, 1649. which you may read in the second and seventh pages of the second Edition thereof) which I beleeve did neither please him, nor his great Friends; the true Copy, of which, thus followeth.
Master Hunt, having of late, for many moneths together, been as full of unbelief in great mens promises as Thomas Didimus, (John 20. 24, 25, 26, 27), was of Christs Resurrection, I cannot chuse but acquaint you, for all the fair dealing my wife supposeth to finde abroad, I am informed, since Hast write to you, That there is one Thomas Verney*, that the Councel of State hath lately received his Oath against me, in order to some tryal; the Copy of whose Letters (dated the eighth, ninth, and eleventh of May, 1649.) I have ordered my wife to bring you; also a Surrey Justice of Peace being yesterday at a friends House in London, declared, He understood I was the third of July next, to be tryed at Croyden Assizes; Reports sometimes are but reports, But if these should be true, I may draw many inferences from them; but whether true or false, I shall not be altogether unprovided.
In the third place, I am newly told it is intended, that I and my three Comrades, shall have our Liberties by an Act of Grace: I confess if upon the day time, and shall come up to my Chamber, and say, All the Gates are opened on purpose, for me to go out, I will take my liberty, and go to my own house, &c. let the Gates be opened by whom they will; but yet an Act of Grace is so ugly a thing, in reference to my own innocency, that I loath the thoughts of it in that sence: For if I had been a condemned Felon, I should have expected at the end of a Session of Parliament, my portion in an Act of Grace; and though I shall not be so much a fool, but to take my liberty by it, yet though I perish for it, I must declare publikely abroad, my Reasons to the Nation, That those that sent us hither, more stand in need of an Act of Grace from us, then we from them.
Sir, I love to be plain with any man I deal with, as abhorring to accomplish my ends upon any man by deceit; and therefore intreat you, to desire Master Holland, to think seriously upon my late Letter to him, That I may have some kinde of answer from him, by the day prefixt, and send me my Ordinance, and the Printed Sheet of Paper I sent you with it: So with my love remembred to you, I rest
as ever,
And accordingly Master Holland sent me a large Letter, dated from Sommerset House, the 2. of July, 1649. But although it takes notice of my foregoing Letter to him of the 26 of June. 1649. yet it hath not one word of a direct answer to the three main things I therein desire of him, that I can read in all his, being meerly a Discourse built upon mistakes; for I must here in a fair way tell him, I have not in the least changed my principles, but he his; as I will upon the hazard of the greatest disgrace in the world, make evidently appear to his face, before any rational men in England, whensoever he pleaseth: Therefore I say, I am no way, by my foresaid Letter, engaged to silence, but am free at Liberty, to prosecute my fixed intentions before the writing thereof; which was to lay a firm foundation for my late promised Second part of the Legal, Fundamental Liberties of the people of England revived, asserted, and maintained; and fully to treat upon all those Heads, mentioned in the last page of it, being 9.
And because I intend, and hope I have matter enough already to make it the master-peece of all that ever I have writ: And because unadvoldably, it must have a dependency on what here follows, which would make it to large to be therein Printed; therefore I must go on with my former intended thoughts, to publish in Print my impeachment of High Treason, (yet never extant to publique view) against Lieutenant General Oliver Cromwel, and his son in law, Commissary General Henry Ireton, as I formerly delivered it openly at the Bar of the House of Commons, the nineteenth of January, 1647. Which with the Preamble, or Introduction thereunto belonging, thus followeth.
UPon Munday the 17. Jan. 1647. I was at the house of one Mr. Williams a Gardiner in Ratcliff-high-way neer East Smithfield, where I met with divers honest men, Inhabitants thereabouts, about a Petition now on foot; amongst whom was one Mr. Masterson, the Parson or Priest of Shoreditch neer London, who (as since I am told) came pretendedly as a Scrupler, but said never a word there as I heard, coming resolvedly to catch and intrap, as by the sequel of his carriages appears.
For the next day being Tuesday, up he comes with a full careere to the House of Lords, as if he had been running for a fat Benefice (as I was informed) makes a most desperate complaint against Mr. John Wildman and my self, as though under the pretence of managing a Petition, we carried on a desperate design to destroy, or cut the throats of the Parliament men, and the execution of our desperate designs could not be far off for that I bad (as he said) appointed blew Ribbons to be the sign to be worn in our hats to know one another by upon that day.
And after he had given in some such information as this, with much more of the like nature at the Lords Bar where without doubt it was hugg’d to the purpose, and rejoyced in, as the issue of a design of their own brain, to blast (without all peradventure as they thought) the reputation of the original and chief promoters of that transcendent, gallant, and large Petition that so much touches their copy hold, that so if it might be possible the Petition it self might be crusht in the birth, before it had brought forth strength sufficient to pull up their rotten tyrannicall Interest by the rootes.
And after he had done with the Relation at their Bar, having giving the Lords, as it seemes, a flagon of sack and suger, they were in pains (as it appears) till they had communicated some deep draughts of it to their friends of the House of Commons, divers of whose rotten Interests were concerned in it, as the Lords sons and servants, the Patentee, Monopolisers, the Merchant Adventurers, the Lords would be (which are principally the chief of Cromwels Faction, who having now the power of the Kingdom in their own hands, and therefore in their own imaginations can not miss of being (within a little time) made Barons, if not Earls) but especeally (’that grand inslaving Interest) the rotten Lawyers of the House, divers of whom, if the Petition took effect (in disabling all Members of that House that are Lawyers to plead at any Bar of Justice) would deprive some of them of two or three thousand pound per annum, which now they get by their Pleadings by vertue of their beeing Parliament men; for if a mans cause be never so unjust if by large Fees he can get two or three Parliament men to plead it for him, he is sure to carry it, for the Judges dare as well eat their nailes as displease them for fear of being turned out of their places by them, which they more regard then their Oathes which tie them to do impartial Justice; I say, after he had done his Relation at the Lords Bar, a Conference was betwixt both Houses, where he again belcht out his most abominable, malicious and false lyes; and one being present that heard it, came immediatly to me in London, and told me of it, of which I no sooner heard, but immediatly by water, of my own accord, I posted by boat to Westminster, and coming up to the House of Commons door about three or four a clock, I found the House to be risen, and meeting with some of my friends and acquaintance at the door, I told them there, I understood the House of Commons had again dealt worse with me then the Heathen and Pagan Romans dealt with Paul, who when his adversaries desired Judgment against him, they told them, that it was not the maner of the Romans to judge or condemn any man before he which is accused have his accuser face to face, and have liberty to answer for himself concerning the crime laid against him, Act. 25. and yet upon a bare accusation of a single Priest (as I was informed) they had again committed me to the Tower before they heard me speak one word for myself, in which (I told my friends freely and openly they had outstript the Heathen and Pagan Romans in Injustice, who though Paul by Tertullus the Orator, was accused for a pestilent fellow, and a mover of sedition among all the Jews throughout the world, and a Ringleader of the Sect of the Nazarens, Acts 24. yet they would not condemn him before they heard him face to face speak for himself.
And I further told them, this unjust proceeding of the House of Commons against me, was but just the same unrighteous measure that they had meted out before unto me, for about two years ago I had come Post from Sir Thomas Fairfax Army, to bring them glad tidings of his routing of General Gorings Army at Lamport in Somersetshire, and being daily waiting at the House door, I was a few dayes after, by the Speakers means (as I have been since largely told) Voted upon a bare suggestion to Prison, without the House ever so much as calling in my pretended accusers (viz. Dr. Bastwick, and Colonel Edward King, with whom for divers moneths before, I had not, to the best of my remembrance, changed so much as one word) or ever so much as calling me in, though then at their door to speak one word for my self, they Voted, and Resolved upon the Question, That I should be committed to prison till they please to release me, without telling me to this hour wherefore they imprisoned me; and from their Serjeant at Arms, tossed and tumbled me to Newgate, for refusing (to make of one of their Committees, a High Commission, or Spanish Inquisition,) to answer (against all Law and Justice) to their Interrogatories: And then when they had me at Newgate, made an Order of their House, to arraign me at Newgate Sessions, for no less then my life; and Ordered the prime Lawyers about London, viz. Master Bradshaw, Master Steel, Master Walker, &c. to be my prosecuters, and by a law-quirk, if it were possible, to take away my life from me: And yet for all that, they being sufficiently baffled, by my own pen, and the pens of my Friends, they sent me One hundred pounds to Newgate (as may be supposed) to help to bear my charges, and released me by Vote of the House, as an innocent man, after thirteen weeks imprisonment; without all that while laying any thing to my charge, or so much as ever telling me, wherefore they* imprisoned me, or who were the prosecutors, or informers against me; and all this was done unto me by Master Speakers malice principally, who though he had not the least pretence or shadow of Crime originally against me, yet thought by provocations laid upon me, to exasperate, and chafe my Spirit; and thereupon, as it were, to force me to do something that might intangle me, and be a colourable ground for him to destroy me; forgetting (although he pretend to be a great Lawyer) that maxime of the Law, made use of by Judg. Hutton, in his Argument in Master Hambdens Case, against Shipmoney, pag. 49. That that which was defective in the Original, is not good by any accident subsequent; or as that learned Lawyer, the Author of that notable Book, called Vox Plebis, pag. 20. 43. hath it, That which is not good, or just, (but illegal) in its original or beginning, by tract of time cannot be made just, or lawful. See also my Grand Plea against the House of Lords, pag. 13.
I further told my Friends then, and there. That if I might have but fair play, and free liberty to speak for my self, I doubted not, but to make it as evident as the Sun, when it shined at noon-day, That at that pretended treasonable meeting at Wappin, (whereas I understood the parson accused me, for plotting the destruction of the Parliament, &c.) I did the House of Commons in its just and fundamental Interest (simply considered) a peace of the reallest, and best service, that ever with my tongue I did them in my life: And as I said, I was very sure I had done them some real and unspotted services.
For the occasion of that meeting, as I told them, was upon this ground, there being a large Petition a promoting, some Copies of them came into the hands of some cordial, honest, active men about Wappin, who though they had nothing to object against the Petition it self; yet one or more of them, did very much scruple (as I was told, not maliciously, but conscienciously) how they could lawfully act to promote any more Petitions to this House of Commons, seeing that in their Declarations, they had declared (in answer to the Kings Objections, about tumultuous meetings, about Petitions, That desired the abolition of things established by Law,) That they did conceive, that numbers do not make an assembly unlawful, but when either the end, or the maner of their carriage, shall be unlawful. Divers just occasions (say they) might draw the Citizens to Westminster, where many publique and private Petitions, and other causes, were depending in Parliament; and why that should be found more faulty in the Citizens, then the resort of great numbers every day in the Term, to the ordinary Courts of Justice, we know not*. And in the same Declaration, Pag. 209. they say, That such a concourse of people (as is before mentioned) cannot in the interpretation of the Law, be held tumultuary and seditious.
And in their Declaration of the second of November, 1642. 1 Part. Book. Declar. pag. 720. They do acknowledg that they have received Petitions for the removal of things established by Law; and (say they) we must say, and all that know what belongeth to the course, and practice of Parliament, will say, That we ought so to do, and that both our Predecessors, and His Majesties Ancestors, have constantly done it; there being no other place wherein Laws, that by experience may be found grievous and burthensom, can be altered or repealed; and there being no other due and legal way, wherein they which are aggrieved by them, can seek redress.
And yet notwithstanding all this, That this very Parliament, or House of Commons, that had made these Declarations, Should declare men Traytors, for endevoring to Petition, burn their Petitions, and imprison the persons of divers honest men, meerly for Petitioning for those things they had made us fight for, viz. Our Liberties and Freedom.*
All these things laid together, were such discouragements to the Objecter, or Objecters, That at the present (as it was said) they could not in Conscience, nor Honor, go about to Petition so unworthy an Apestatized House any more. Whereupon some of their Neighbors, in and about Wappin, that were zealous in promoting the Petition, appointed a meeting, to debate, and satisfie these Scruples, (if it were possible,) that so they might go unanimously to work, to promote the Petition, which was now much retarded by the foresaid Scruples, the party or parties scrupling, being of some eminency amongst their Neigbors: Unto which meeting, by some Friends, I was earnestly desired to come, and if I could, to bring Mr. John Wildeman with me; which I did.
And the substance of that Discourse was, to convince our scrupling friends or friend, That the Kingdom was in exceeding great distractions, and the people under general Oppressions and Burthens, and trading generally decayed; which had occasioned mighty heart-burnings, and dividings of Spirit amongst the people; and the present House of Commons (though sufficiently corrupted) was the visibly best, and justest Authoritie that was extant in England; the overthrowing of which (as things stood) would bring in such a present Inundation of misery and confusion, into the whole Kingdom, that there would be nothing in the eye of Reason, but cutting of throats every where, and all return into its first Chaos, and the longest Swords to be judges of all, and we might be as soon destroyed in such a general confusion, and hurly burly, as any others. And therefore, I and my friend pressed, That if they either wished well unto themselves, or their Native Countrey, they were tied in duty and conscience, to the uttermost of their power, to preserve the Interest and Being of the House of Commons (so long as it continued a House;) and yet in such a way, That they might not invassalize the people: Both of which, they were told was provided for in this Petition; and to do any thing that might pull down or destroy the present Power and Being of the House of Commons, in the eyes of the people, before things are in some settledness (which would sufficiently be done if they should disclaim them as unworthy to be Petitioned unto any more) were to undo and destroy our selves, especially considering, That they had so lately engaged so high against the King, and the Scots; and therefore it behoved us not so to act, as to increase their adversaries, but rather to strengthen their hands, and the rather as this juncture of time; and yet so to do it, as that the generality of the Commons of England, might be gainers by it, in the knowledg of their particular Liberties; that so if it were possible, they might be united therein, and might thereupon, as one man in the Spirit of Englishmen, stand up, and live, and die each with other, against all Forraign Interests whatsoever.
And as I further told my said acquaintance and friends, That I was confident there was never any one Discourse in England, wherein the true and just Interest of the House of Commons, was more firmly, cordially and strongly maintained, then in that: And if they should punish me for my actions or speeches at that meeting, I should be punished for doing as great (and as real) a peece of service to the Interest of the House of Commons, (and consequently to the Interest of the Kingdom) as ever was done in any meeting by any Member of the House. And this I told them, I doubted not but to make as evident as the Sun, when it shined, if the House would hear me but speak for my self. At which, my Friends were very much refreshed, considering so desperate things were charged upon me by the Priest.
So enquiring if any of them could tell me where Master Sergeant was, I was answered, He was with the Speaker, and the Earl of Manchester, in the Queens Court; and going up thither to finde him, I found him ready with his Mace, to usher the Keepers of the Great Seal unto the Chancery Court. So standing in their way, as they were to come out, I had a minde to face them, to see how they would look upon me; and after they passed by, I could see the Speaker lay his head to the Earl of Manchesters. Whereupon, they both turned about, and stared wishfully upon me, and so did the three Judges that followed them, which were, if I mistake not, Judg Rowls, Judg Phesant, and Baron Atkins; and I looked as wishfully upon them, with an undaunted countenance, thereby demonstrating that unspotted Innocency cheared my heart, and so down stairs they went, and I followed them at their heels to the Chancery, with an earnest desire, to know the matter more fully of Master Sergeant, and truly to know what their House had done upon it, who within a little while, coming out of the Court, I had my opportunity to speak with; who looked very strangely upon me, as though I were now a destroyed man; at which, I smiled, and told him, If ever the House of Commons in their lives, had true ground and cause to thank me for any service, that ever I had done them with my tongue, it was for that nights Discourse, and my there pleading their Cause and Interest. And much more Discourse to the same purpose (as is before mentioned) we had, but I grated very much upon Master Speakers unjust and unrighteous dealing with me. And I told him, I conceived this was one of his new plots, or the Earl of Manchesters: For guilty conscienced men, are always afraid of the shakings of an Aspine-leaf; and would frame and contrive, out of their own brains new plots, and then themselves bring them to light, as contrived against the State and Parliament, That so they might thereby blast all sorts of men that were likely to pinch them. And truely I told him, they were to mine own knowledg, very good at these tricks, for I knew them both of old; at which he was distasted, and told me, the House had taken off my former Order for my going abroad, and had remanded me to the Tower again, and had sent an Order to the Lieutenant of the Tower, to morrow morning, to bring me up to their Bar as a prisoner: I told him, it was but like all the rest of their just dealings towards me; and in this I told him, they cleerly demonstrated to the whole Kingdom, That they had less Justice within their brests, then was in the Heathen, and Pagan Roman Judges, that had nothing but the light of Nature to guide them in their judgment; and yet would not condemn Paul before they heard him, though his Adversaries laid greater things to his charge, then all the men in England are able justly to pretend against me. And as for my going again prisoner to the Tower, I told him, I would now never go upon the old score voluntary, while my eyes were open. And I further told him to this effect, That if their hearts were not totally hardened, and their souls sealed up to do wickedness for ever, they would blush for shame, so much as to talk of committing me to prison, before now after above seven yeers waiting upon them, they had done me some reasonable proportion of Justice; but now again to commit me to prison, after eleven or twelve yeers (as heavy) sufferings, as ever Englishman (that I read of) endured; to the exhausting me of all that ever I have in the world, yea, and more too, by running into debt to buy me bread, and to keep almost three thousand pounds of my Corn from me by force and violence, and to commit me to prison again, without any maner of provision in the world, for me and mine to live upon (after I have made so many mournful cryes and means unto them.) What is this else, but to be more cruel then the very Cannibals themselves? who always feed fat those men that they intend to eat, and devour; and were it not more justice in them, to cause their Guard of Halberders, to knock my brains out, and so put a period to my days, and miseries, then again to send me prisoner to the Tower, either to be starved, or eat the stone walls (which is impossible.) For as the Spirit of God saith by Jeremy in his Lamentations, Chap. 4. 9. Better are they that die by the sword, then they that be slain with hunger: And he gives this Reason of it, For the last pines away, stricken through for want of the Fruits of the Field; whereas he that is slain quickly, endures little or no pain. And how they can conceive in the eye of Reason, (laying all things together) how I should thus long live, and subsist without miracle, (especially, contesting with all the great corrupt Interests of England, who have scores and hundreds of mercinary, pencionary emissaries, in the City and Countrey, with their lyes and falshoods, to rob me of my Reputation and Credit; and with their groundless reproaches, to bespatter me, and make me as black as a Chimny Sweeper, and render me as a man not fit to live in civil or moral Society) is beyond my Reason to apprehend.
My Prayer.
But O thou Just, Righteous, Powerful and Compassionate God; that sensibly hath been my God and guide about these twise seven years: that hast often refreshed my soul with those fat, and soul satisfying refreshments, that hath made my heart sing and be merry, in the midest of many deaths; and which hast made me lightly esteeme the cruel malice of all my fierce, and murdering Enemies: O thou glorious God, that hath taken me by the arme when I have been ready to fall, and by whose power alone, I have been kept upright before thee, in the midst of many soul piercing temptations; and by whose sweetnesse, discovered unto my soul, I have been drawn after thee, with ready willingnesse of spirit (though backwardnesse of flesh) to follow thee whithersoever thou goest: keep now (for the glory of thy name-sake) my heart sincere and upright before thee, that I neither flag, fall, nor start aside, like a broken bow, but may stick close unto thee, (and to that justice and purity that shines gloriously in thee) to the death.
O Thou compassionatest and sweetest God, who in all the afflictions of thy people art afflicted with them, and hast said, thou hearest their cries, and bottellest up their tears; O now in the greatnesse of straits, when my soul is indeavoured to be over-whelmed; hear now in heaven, the habitation of thy greatnesse, and protect and deliver me from the cruell and bloudy rage, of thy once SEEMING servant, CROMWEL, who if my soul is now able to judge, is visibly become a FALNESTAR, an Apostate from thee, an ENEMY to thee, and a desperate persecutor of thee, in all those where he meets with the shining splendor and the glory of thine owne bright Image of Justice holiness, purity and righteousness; and hath done a thousand times worse thereby, then Peter did, who, though he forswore and denied his Master, yet he never persecuted him in his members, as he hath done, and thereby hath Crucified the Son of God AFRESH, and put him to an open shame: O put a hook in his nostrils, and a bit into his teeth, to curbe his furious drivings to destroy Righthousnesse, Truth, and Justice (from off the earth) the bright shinings of God amongst men; O discover him (to all those that truely know thee) and his wicked opressing and tyrannical accomplices, to be what they are, (and have of late clearly demonstrated themselves to be, to every seeing eye) the SONS OF SATHAN AND WICKEDNESSE, THE PERVERTERS OF TRUTH. JUSTICE, AND ALL KIND OF RIGHTEOUSNESSE; THE DECEIVERS AND SEDUCERS THAT THOU HAST DECLARED SHOULD COME INTO THE WORLD IN THESE LAST DAIES, TO DECEIVE, IF IT WERE POSSIBLE, THE VERY ELECT. O Lord, deal with him according to all his late deserts, in doubling unto him that cup of affliction and sorrow, that he hath of late meated out divers of thy choice and redeemed ones; O thou righteous God, who hast declared, that evil shall shall never depart from the house of him that requires evil for good, let it be so unto him; who causelesly, as thou knowest, hath with all his might and power, sought the destruction and totall ruine of me thy poor servant, who in the uprightnesse of his soul, while he judged him to be thine, adventured all he had in the world for him; O dearest and truest God, seeing thou hast made the spirit of thy poor supplicant, willing from time to time to stoop unto the lowest condition in the world, (that might consist with that knowledge, duty, fealty, he owes unto thee, HIS ABSOLUTE AND UNLIMITED SOVERAIGNE, fairely to reconcile things betwixt us; but nothing wil serve his turne, but the prostrating of the honour and conscience of thy poor servant unto graven Images, and painted Idols, viz. the usurping tyrannical House of Lords: and seeing by his potency and greatnesse (by reason of that absolute commanding power, he hath over an over awing, mercinary, Turkish Army, that now serve not to defend the liberties of their native Country, but the exorbitant tyrannical lusts of men) that thy servant can obtaine amongst men no Justice, nor right, but is hindred of all that tends thereunto, or his powerful influence; he therefore thereby appeals to the great and SOVERAIGNE CREATOR AND OVER RULER OF ALL THE WORLD, FOR JUSTICE AND RIGHT, against this great and mighty (apostatizing) hunting Nimrod, CROMWELL, and solely at thy feet cast his contest with him, earnestly imploring for that glorious and unparallel’d riches sake that shines in Jesus Christ, & for that unspotted Justice and righteousnesse sake, that shines in thy owne selfe; to do justice with thy own Almighty, but stretched arme betwixt us; and visibly before the eyes of the present generation of men, execute impartial judgement between us, that so it may be made manifest to the sons of Men, but especially to the present living generation of thy people, who is principally in the fault, thy servant that now in the ardency of his soul speaks unto thee, or he against whom, in the anguish and bitternesse of his heart and spirit, he complaines of unto thee: O, as thou art a righteous God, and as truth and justice is inherent in thee, and one with thee, judge betwixt us, and visibly avenge upon the guilty one of us, and that speedily; that so if it be thy wil, those heart-burnings, and divisions of spirit may cease, that by our contest is occasioned amongst our native Church-men, but especially amongst thy darlings, by reason of our contestings each with other, who both have been eminent in the eyes of many thousands of those that truely know thee: for that reall integrity to thy truth and glory, that they have Judged to be in us, that so peace and quietnesse, truth and justice, thereby (if it be thy good wil and pleasure) may speedily come unto the land of our nativity; and truth, righteousnesse, joy, comfort, and union of hearts and spirits, may come unto the chosen ones, and glory, honour and peace unto thy great and glorious Name. Amen. Amen.
But in the conclusion of my discourse, I told Mr Sergeant, that though I would not willingly go to the Tower, yet I would promise him willingly and voluntarily of mine owne accord to come to-morrow morning, (being Wednesday, 19th. of Jan. 1647.) to the House of Commons, and if they would give me but fair play, and leave at their Bar freely to speake for my selse, I doubt not but to make my base and lying accuser (for all the start he had got of me) ashamed of what he had done: so after I had a little faced the Commissioners of the Great Seal sitting in open Court, and talked a little with some Parliament men, and given them three or four lashes, for their ungrave, unjust, and light credulity, away to my Lodging in London I came, and being up very betimes the next morning, to meet some understanding friends, to confer how, and after what manner the businesse by me should be carried at the House; this man, and the other man, threw in very sollid advise, and pressed me to a careful and diligent observation, but I bid them hold their peace, and talke no more of it to me; for I neither could nor would observe their directions; for I told them to this effect, my heart was all one fire, and my soul did thirst and long to be amongst the Parliament-men, that in the might and strength of my strong God, I might talke to them, and I told them my old refuge in all such cases as this is, was the 10th of Matthew, and I cared for no other counsellor; neither in this case could I regard any but his, who was, and is, the author of that, who in all such cases, had commanded me to take no thought how, or what to speake; promising that it shall be given me in that same hour, what I shall speake, for (saith he) it is not you that speak, but the spirit of your Father that speaketh in you; unto which, an eminent man in the company replied, he lik’d it well, but yet for all that he lov’d to use meanes; But I told him, I lik’d that wel too, but in this case, not knowing what they wil say unto me, or lay to my charge, all discourses to me below the tenth of Mathew was to no purpose, and therefore I pressed againe to be gone to Westminster, for my soul longed to be amongst them, being brim full, and ready for want of vent to overflow; desiring at present, nothing so much from God, as to order their hearts so, as to cause them to give me free leave to speak.
So preparing for the journey, I arrived with other of my friends at Westminster, and being not long at the House door, (where was many friends come downe from London and Southwark, to hear and see how things went) I addressed my self to the Sergeant of the House, to let him know I was there to tend upon the Houses pleasure; And he immediately after came out with his Mace, and CALLED FOR Mr. MASTERSON, THE JUDAS PRIEST, and my selfe; so in we went, and also the Lieutenant of the Tower as my guardian, and having given them that due respect, that I conceived is due unto their just and true authority, (though I owe little or none unto the persons that sat there, by reason of their grosse abusing and most abominable of their righteous authority) the thing that passed, so near as my memory to the utmost punctilio will serve me, I shal faithfully relate unto you. Upon our coming to the Bar, where both my lying accuser and my selfe stood, the Speaker stept up in his Chaire, and commanded Mr. MASTERSON, in the name of the House of Commons, to give them again a narrative of what he yesterday declared to them.
So he very formally begun, and spoke as freely, as if he had learned his Lesson without book; and truly, I could not but stand amazed at the mans impudence, that he durst, with so much confidence, tell so many lies as he did: But giving not much regard unto his accusation, to treasure it up in my memory, being resolved before hand, to take no cognizance of his verball impeachment, which in Law was nothing, I fixed my mind very seriously upon the Lord Jehovah, my old experienced refuge, strength and support, and was a wrestling with him for the incomes of his own self, that so I might speak freely and boldly, in his might and power (if it were possible) to the amazement and terrour of his enemies, amongst those that should hear me; divers of whom, I was confident, would lye in wait to catch and intrap me.
And now and then (the House (in my apprehension) being very full, I cast my eie about me to look upon the countenances of the Members, and to observe their behaviours, most commonly fixing my eie stedfastly upon the Speaker in the Chair: Who as soon as he perceived Mr Masterson had done, beckoned his hand unto me, as I conceived, to have me answer the Priest: but I stood still, and took no notice of his beck; at last, he wished me to say what I could answer for my self unto it: whereupon pausing a little, after a congey made unto him, I opened my mouth to this effect.
Mr Speaker, I desire, in the first place, to premise this, That I look upon, and own this honourable House, in its constitution and power, as the best, legallest, and justest interest, power and authority, that is established in this Kingdom; or that all the Commons of England visibly hath, for the preservation of their lives, liberties and estates: And I doubt not, but so to speak unto you, and so to behave my self before you, this present day, as thereby to demonstrate to you, that I am an honourer, an owner, and a prizer of this greatest English authority and interest; in which, as a free Commoner of England, I have a little share: And therfore, if this honourable House please to afford me Paul’s PRIVILEDGE, that he enjoyed amongst the Heathen and Pagan, Roman Governours, or Magistrates; which was, to hear him speak freely for himself, before they would condemn him: Which liberty and priviledge, I freely and largely enjoyed, at the hands of the Cavalier Judges at Oxford, when I was arraigned in irons, before the Lord chief Justice Heath, and Sir Thomas Gardiner, late Recorder of London, for drawing my sword, and at your comand, adventuring my life, for the great interest of the Kingdom involved, and single represented in this honourable House, in the destruction of which it perisheth; who before all the City and Country, then assembled in Guild-hall in Oxford, gave me free liberty, without the least interruption, to say what I pleased, and to plead for my life, in the best manner that all those abilities God had given me, would inable me* to do. The which priviledge, and legall and naturall right, if you please to grant me, I shall speak freely, WITH THIS PROTESTATION, AND SALVO, That I do not speak, nor answer, out of any dutie, or tie, that lies upon me by LAW, FOR ALL CHARGES IN LAW OUGHT TO BE IN WRITING, under the hand, or hands, of him, or them that chargeth, and in that form that the Law requires; and proceeded in, according to the form of the Law of the Land, expressed in the 29 Chapter of the great Charter, and these Laws which expound it, which are mentioned† and nominated in the Petition of Right. Which this pretended Vergall charge is not, in the least: And indeed, Mr Speaker, in Law it is no charge at all: neither in the way this Informer is in, can I well have any remedy against him, in case he abuses me; for, as I understand, if he tell twenty lies against me, I cannot punish him; but if he maliciously swear one against me, I have his‖ ears as my mercy, &c. & therfore a Betraier of my Liberties I should be, if I should look upon it as any charge at all, and in that consideration, return an answer to it; and therfore again, saving unto me the rights and priviledges of an English man, which is, to be tried by no other rules or methods, for any reall or pretended crime whatsoever, then what is declared by the known, established and declared Laws of England; nor by, nor before any other Authority or Magistracy, then what the Law hath authorized to be the executors* of it: I say, saving, as before I have expressed.
I shall, out of that ingenuity of spirit, candidnesse and integrity of heart that dwels within me; and out of that high and honourable respect I bear to the interest and just authority of this House, Give you, if you please, a free, voluntary, full and perfect relation of all the most materiallest actions, passages and speeches, that have past from me, about this Petition, since it was first begun, to our late meeting at Wapping.
And I shall the rather, at present, lay aside the punctilios of my liberty, which is, not to answer to any Interrogatories, or confesse any thing against my self, till it be legally, fully and punctually proved, because I have longed for such an opportunity as this; and my silence at this time, might, in the prejudiced opinions of some among you, against me, argue in their spirits, my guiltinesse of all the lyes layed unto to my charge; and thereby might, in their own hearts, take me, pro confesso, and conclude me guilty from my silence, but without a grant of free liberty from this House, to speak my mind freely, without any interruption: I shall not say one word more, but remain in perfect silence: So the Speaker commanded us to withdraw, which we did.
And after about a quarter of an houres time, the Sergeant at Arms came, with his Mace, and ushered us in again; and having placed our selves at the Bar, Mr Speaker having a paper in his hand, looked upon it, and said to this effect, Mr Masterson, the House conceives, that you have nothing nigh given them so full a relation of this businesse to day, to Mr Lilburns face, as you did yesterday, when you were single: therfore I am commanded to ask you what you say, to such a thing, and such a thing? and mentioned, as I remember, about some six or seven particulars: The substance of all of his accusation, so near as that little heed I gave unto it, would enable me to collect, was to this effect:
That there was a design (especially by me declared at the foresaid meeting) contrived by me, Sir, to destroy, or cut off, both Houses of Parliament; and that we could not be far from the intention of executing it, in regard I had appoynted blew Ribbons to be worn in the hats of all those that should be saved alive: And that though we did now drive on a Petition to the House, yet it was no more but a cloak, or a colour to raise the people by, that so we might the more covertly make our selves strong enough to destroy them.
But after he had done, the Speaker told me, the House had given me free liberty to say what I pleased: at which I made a congey to him, and mightily raised up my heart to God, with an earnest inward cry to Heaven, now to come in, if ever, with power, strength, wisdom, resolution and utterance; and praised be his name, he heard my inward sighs and cries unto him; and put, as it were, a new heat, and burning fire, into all my veins, and raised up my spirit high, beyond its ordinary temper; and, with a little pause I begun, and said after this manner, with a soft voyce.
Mr Speaker, I take it for no small honour, to be admitted this day, to this great (though just) priviledge, to have free liberty to speak my mind freely, and boldly, without interruption; and having again premised what is before premised, and protested again what is before protested, with a loud and mighty voyce (though with an easy and sensible command over my self) I went punctually on (without the least interruption extemporary) and said,
Mr Speaker, I do here freely and voluntarily confesse it, that I had a hand, or a finger, in drawing the great Petition, with large* Marginall notes fixed to it; and that I also had a hand in putting it to the presse, and paying for it: And truly, Mr Speaker, the ground of drawing of it, in my rude standing was this, we have many years been fighting for our liberties and freedoms, and yet the generality of the Kingdom are as far to seek what they are, and where to find them, as ever; and the oppressions, and burthens, are very great and heavy upon the people, as by tyths, taxes, excise, and free quarter, &c. and that which is worst of all, all trading, in a manner, is deaded, and all victuals grown so dear, that famine draws on apace; and this House seems (to us) to be afresh engaged, not only against the King, but also against the Scots: all which laid together, hath occasioned such heart-burnings, divisions and dissentions, in all sorts and kinds of people, saving those now in fat places and offices, that are made rich by the ruins of the Kingdom: In which regard, there was nothing more likely to arise, then a generall confusion; and the people being (as we perceived) united in nothing that concern’d their Common good, as English men; might in their distractions and confusions, destroy their neighbours and friends; which might breed such feuds in City and Country, that one faction or party might be so earnest to destroy another, without hopes of any composer; till a forraign enemy seeing our divisions, distractions and hurly-burlies, came in with an inundation to make a prey of us all, and of the Land of our Nativitie: The consideration of which strook deep into my spirit, and therfore I studied how something might be done speedily to prevent it: And this Petition was brought forth as a salve to heal and cure all our sores and diseases, and to knit the hearts together of all ingenuous men, in every faction or interest, that had but the least spark of a desire to do unto their neighbours as they would be done unto: Which Law is not only the prime Law of Nature, but also the strict command both of the Law and Gospel: And truly Sir, I for my part conceived this Petition so just, necessary and righteous, that if the people closed with it, this House could never so far dishonour themselves, as in the least discountenance it: Nay Sir, I dare here at your Bar with confidence aver it, that there is never a man in England that dare or can speak against the body or scope of it, unlesse it be those that have guilty consciences within them, or those that are of, or allied unto some of those corrupt interests that are therein struck at.
And truly Mr Speaker, I my self look upon that Petition with such admiration and satisfaction of spirit, and of so transcendent concernment to all honest and just men in my native Country; that I count it one of the most glorious morall actions to promote that Petition, that ever God counted me worthy in all my life to have a finger in: And Sir, let me freely tell you: I count it my glory and honour amongst the sons of men, that I have had so great a hand in forwarding of that Petition as a had: And therfore Sir as my crown and glory I shall freely tell you, that as soon as I and some other of my true and faithfull Comrades had caused some thousands of that Petition to be printed. I did the best I could to set up constant meetings in severall places in Southwark to promote the Petition: to which meetings all scruplers and objecters against any thing contained in the Petition, might repair unto for satisfaction: and I did constantly make one at all such meetings, to improve and put forth my abilities, to open and unfold the excellency of that Petition, and to answer all objections against any particular in it: and when there was appointed Trustees in every parish (which only did consist of such as had been, and stil were active, cordial, and untainted faithful men, to the Liberties and Freedome of their Native Country) to take the especial care to promote the Petition effectually and vigorously, in their respective Parishes; I laboured the most I could to set up the like meetings in London; and for that end, diverse cordial, honest, faithful, and Noun substantive English-men met openly at the WHALEBONE behind the Exchange, where by common consent, we chuse out a Committee, or a certaine number of faithful undestanding men (but in regard I abhor to be a betrayer, or a mischievous accuser, I shal not dare without leave from themselves to name their names, but leave you to the information of my illegal and unjust accuser at the Bar, or such other, as from such as he is you can procure it) to withdraw into the next roome, to forme a method, how to promote it in every Ward in the City, and out-parishes, and also in every County in the Kingdome; and for the more vigorous carrying it one, we nominated, as he tels you, two or three treasurers, and a proportion of Collectors, to gather up our voluntary contributions, which were no greater, then some two pence per week, others 3 d. some 4 d. some 6 d. some 12 d. 18 d. 2 s. the highest was halfe a crown per weeke; and this was, and is, the voluntary act of every man in himselfe, and the end of it was to pay for Printing the Petitions, and bearing the charges of those messengers we should have occasion to send downe into the Countries to our friends there to promote the Petitions; and I doe acknowledge, I have been at diverse other meetings in London, and the out-parishes, to promote it withall the might I had: and I do further confesse, that I wrote a Letter, Intituled, To my friends and faithfull Country men in Buckingham-shire, and Hertford-shire, that ingaged for me, &c, in a Petition to this House about 13 moneths agoe, to desire you to hear, judge, and determine according to Law and Justice, my businesse against the Lords, depending in this House, either to my justification, if innocent, or condemnation, if guilty. And the Copy of the Letter I have by me, which when this House shal command me, I shal be ready and willing to produce it at this Bar, the contents of it being to presse them with all their might and interest, to promote this Petition in every parish quite through both the Counties.
I also went to Darfort in Kent, and there was one of those that set my hand to a Letter, subscribed to all the ——— in the County of Kent; and also I set my hand to a Letter to Colonel Blunt, the Copy of both which, at the command of this House, I shal be ready to present unto you at this Bar; and at my comming home, I set my hand to a Letter to Captaine Boine in Kent, and did besides, the best I could to promote the foresaid Petition, not only in London, but in several other* Counties besides, and hearing as before is declared in my foresaid discourse at the House of Commons door (the substance of which I againe related at their Bar) that some honest people, in or about Wappin, scrupulled to Petition any more to the House, for the reasons before mentioned in p. 16. 17. (which I gave the House) & being desired by some friends to come to the meeting, to help to answer their objections; I did accordingly, and being at the foresaid place, there were diverse friends met, and the discourse was begun; in which, with many arguments it was declared, that it was our duty to go on with Petitioning to this House againe, for that it was all the visible just power, that was left in the Kingdome, to preserve the peace thereof, and though all members thereof did not act as they should, yet to do any thing that should destroy the power of the whole, it would be a destruction to our selves and the Kingdome, for the people being in that mutinous temper, by reason of their oppessions, and burthens, there was no way to keep them in peace and quietnesse, but by a vigorous proposing and prosecuting of some universal just things to ease them, and for the future to secure them; neither was there any safe or sure way for the people to act in, to make their grievances known and probably hope for redresse, but by Petition, and that to the House of Commons, which was the most our owne interest of any power in England; and no man knew at this nick of time, what just and righteous things might be produced by and from the House, if they should see the people universally own, & close with so just and gallant a thing as this Petition is, and much more to the same purpose, which I cannot well remember: but this I am sure of, that there was not in the whole discourse, one dis-ingaging expression to the interest of this House, but I dare with much confidence aver it, that the whole streame, scope and bent of the whole discourse, was to lift up and preserve the interest of this House, that so it might be the better inabled to do just and righteous things for the whole Kingdome, according to the end of the trust they have reposed in you; and I dare safely aver it, there was not so much as one bit of a mischievous or factious discourse at all; the whole tendency of it being to peace, Justice and Union.
And by-and- by there was an objection raised, as I remember, to this effect: I, but if the generality of the people would joyne in the Petition, and act to save themselves, with vigour and strength, there might then be some encouragement for us once againe to joyne in acting with them, but for any thing could be perceived, the generality of the people were as willing to be slaves, as any were to have them so; and having been so often jaded, had set down with a kind of a resolution to stir no more come what would come; therefore we being but a small number to the whole, our striving in this case, was but to sow the wind.
Unto which Mr Speaker, it was answered, much to this effect, That the great end wherefore God sent man into the world was, that he should do good in his generation, and thereby glorifie God in his generation; and it is said of Christ, that he made it his worke, to go up and down to do good unto all, that he could meet with; and therein he was declared to be like unto his Father, the immitating of which he had required of al of us, that we should do good to all men, and how did we imitate him in this; if our friends, our Country-men, our brethren, were ready to perish, and in their sottishnesse were ready to be destroyed; and God had opened our eyes to see it, and yet we would not do the best we could to save and preserve them, though they were unwilling to save and preserve themselves.
Nay, Mr Speaker, it was there further pressed, that to sit stil in such a universall perishing case as this is, was so far below a Christian, that it was beneath and below the very light of nature and selfe-preservation, that was evinced after this manner, as I am an individual, I am a part of the whole Nation, and if it perish in the eye of reason, I and mine must perish with it; But the whole Nation is in danger of an universal destruction, by oppression, injustice, and decay of Trade, which would speedily bring famine, and that would bring all manner of confusion, by the poor peoples rising up to cut the throats of the rich-men, to get their estates and monies to buy them bread, and to preserve nature, and in this horrible confusion, we should be a prey to every forraigne enemy that would first invade us; and if such a thing should happen, we must become an Aceldoma, a desolation, a wildernesse, a field of bloud: And I clearly see all this before my eies, and yet I wil sit stil and do nothing towards the publique safety (in which I am transcendently concerned and involved) because the far greater part of my neighbours sit down in silence, and are like sots resolved (or ready) to perish in their sottishnesses, and I must perish with them: am I not guilty of mine owne ruine and destruction, if when I see it before me, and sottishly sit downe, and use not my uttermost indeavours to preserve the whole (in the preservation of which, I am preserved) because the rest of my neighbours and friends wil not joyne with me to do it?
Nay, Mr. Speaker, it was further pressed, that in such a case as this is (which is now the case of the Kingdome) I am bound and tied in conscience and duty to my selfe, with vigour and strength to act, although my neighbour refuseth salvation, or preservation by me, and commands me not to save him. And it was further illustrated in this manner; my neighbours House is on fire, and I clearly see, if it be not quenched, mine is likely to be burned by it, whereupon I go to my neighbour, and proffer him my helpe to quench it, and he being, it may be in a fright, a fullennesse, a sottishnesse, a mase, a distemper, or a revengefull maliciousnesse refuseth my help, yea, and commands me not to helpe him, but threatens me if I doe; yet notwithstanding all this, I am bound in duty to selfe, and universall preservation to help to do it whether he wil or no, yea, & to pull down his house to help to quench the fire, to keep my owne and my neighbours from being burnt, whereas if none of this were, but that his house were standing, and in no such danger, for me then against his wil and mind, to set my foot over his threshold, I am a transgressor, and an incroacher upon my nighbours rights and properties. In the second place, Mr Speaker, it was answered, That in case my neighbour were a drowning of himself, and I see it, I were bound by the Law of God and Nature, whether he would or no, to save him; nay, but much more, if in his drowning, I were likely to be drowned with him, were I bound to save him (if I can) although he laid a thousand commands upon me to the contrary.
And hereabouts, as I remember, it was further objected; That the people all over the Kingdom were generally very ignorant, and malignant, and hated the Parliament and us, whom they called Roundheads, Independents, &c. for our cordiall adhering to them, under whom they groan under greater oppressions and burthens, then before the Parliament; and for all their expences and fightings, were never a bit the freer, either at present, or in future grounded hopes; and therfore for us (that were for the foresaid reason so faithfull to the generality of the people) to act in this petition, they would but contemn it for our sakes, and be provoked to rise up against us.
Unto which, Mr Speaker, my self, &c. answered to this effect; The people are generally malignant, and more for the King then the Parliament: but what’s the reason? but because their burthens are greater now then before, and are likely to continue without any redresse, or any visible, valuable consideration holden out unto them, for all the bloud and treasure they had spent for their liberties and freedoms; and the reason why they were so ignorant, and did so little inquire after their liberties and freedom, was, Mr Speaker, because, that though the Parliament had declared in generall, that they engaged to fight for their liberties, yet they never particularly told them what they were, nor never distinctly held forth the glory and splendour of them, to make them in love with them, and to study how to preserve them: and for want of a clear declaring what was the particulars of the Kings Rights, and the nature of his office; and what was the Parliaments particular priviledges, power and duty to the people of the Kingdom, that chused and trusted them; and what particularly was the peoples rights and freedoms; they were hereby left in blindnesse and ignorance, and by reason of their oppressions, because they knew no better, doted implicitly upon the King, as the fountain of peace, justice and righteousnesse; without whom, nothing that was good could have a being in this Kingdom: So I told them, Mr Speaker, it was no marvail, that the poor people in this particular, were in FOGS, MISTS, WILDERNESSES AND DARKNESSE; considering, that this House, in their Declarations, had so plaid at fast and loose with them: for though, Mr Speaker, this House voted to this effect, That the King, seduced by evil councel, had made War against the Parliament and people, and that they are traitors that assisted* him: And further declared, That he had set up his Standard against the Parliament and people, and thereby put the whole Kingdom out of his protection, contrary to the trust reposed in him, contrary to his oath, dissolving Government thereby; and that he, in his own person, marched up in the head of an Army, by force of Arms, to destroy the Parliament, and in them, the whole Kingdom, their Laws and‖ Liberties.
And yet, Mr Speaker, with the same breath declared, The King is the fountain of justice, and that he can do no† wrong; and forc’d the people to take Oaths and Covenants, to preserve his person: and yet, at the same time, gave the Earl of Essex, and all those under him, Commission, To fight with, kill and slay all that opposed them; and declared, the King, in his own person, marched in the head of an Army, to oppose and destroy them; and yet gave them a Commission, to fight for King and Parliament: So that, Mr Speaker, here is riddle upon riddle, and mysterie upon mysterie; which doth even confound and amaze the people, and put them into Woods and Wildernesses, that they could not see or know where they are, or what to think of themselves, or of the Parliament, or of the King: only this they very well know, that their burthens are greater now, then ever they were before; and that they have been made fools, in pretendingly fighting for liberty, which hath brought them into bondage: And that though it was formerly declared, the King had no Negative voyce, or Legislative power, but is bound by his Oath to passe all such Laws, as the people, folk or Commons, shall* chuse: Yet now the Parliament send unto him again and again, for his concurrence to their acts; as though the giving of life, soul and power to their actings, were indisputably and inseparably inherent in him; and as though now their consciences told them, they must crave pardon of him for all the actions they have done without him, and against him: O riddles! and unfathomable mysteries! sufficiently able to make the people desirous to be ignorant of their liberties and freedoms, and never to hear of them more; especially, considering they have paid so dear, pretendedly, for the injoyment of them, and yet after five years fighting for them, know not where to find one of them.
But, Mr Speaker, they were told, that in this petition the people had clearly held out unto them, and that upon the undeniable principles of reason and justice, the Kings Rights, the Parliaments, and their own; and that the two former were, and of right alwaies ought to be subservient to the good of the latter: and they were told, it was not so much persons, as things, that they doted upon; and therfore undoubtedly those that should really hold out justice and righteousnesse unto the people, was those that they would be in love with; and therefore in mercy to our selves, and in love and compassion to our native Country, it was pressed, that every man that desired to fulfill his end in coming into the World, and to be like unto his Master, in doing good, should vigorously promote and further this just and gallant Petition, as the principall means to procure safety, peace, justice and prosperity to the Land of our Nativity, and knit the hearts and spirits of our divided Country-men in love again each unto other and in love unto us, which they could not chuse but afford, when they should visibly see, we endeavoured their good as well and as much as our own, there being all the principall foundations of freedom and justice, that our hearts could desire, or long after, in this very petition: And if our greatest end were not accomplished, in our prosecuting of this petition, viz. the Parliaments establishing the things therein desired: yet the promoting of it would beget understanding and knowledge in the people, when they should hear it, and read it, and discourse upon it; and if nothing but that were effected, our labour would not be totally lost; for nothing did more instate Tyrants in the secure promotion of tyrannie, then ignorance and blindnesse in the people: And therefore for the begetting of knowledge, it was requisite it should be promoted; as also, for healing of the divisions amongst the people, and knitting them together in love, that so their minds might be diverted from studying the destruction each of other, to study the destruction of Tyrants, that would in time destroy them all.
And, Mr Speaker, there was one in the company, that made a motion, to this effect, That he did conceive it was more requisite, at present, speedily to second the Armies Declaration, with a petition to encourage this House vigorously to go on, to prosecute their late gallant Votes of Non-Addresses (for so they were called) to which was answered,
That in this petition was contained more then was in all all their Votes, for it struck at the very root of all that Tyrannie that had enslaved, and would enslave us, viz. the Negative voyce in King and Lords, both which the Votes did not; and it was impossible, that there could be an active Member in the House of Commons, but knew that this petition was promoting all over the Kingdom; which did abundantly declare greater encouragement to all those Members of the House, that really intended good unto the Commonwealth, then possible could be in a single complementall petition, signed with 4 or 5000 hands; such a petition being rather fit to puff them up, then upon reall grounds to strengthen and encourage them fully to mind the peoples good; and there was never a Member of the House, whose design, in the largest extent, was no more then the pulling down of the King, that so he might be a King himself: but of necessitie he must receive more satisfaction and encouragement from the knowledge of the promoting this gallant unparallel’d petition (which is a clear demonstration to the Parliament, that those that promote it, clearly understand, that the King and the Lords Tyrannie, and their liberties, are inconsistent) then he could do from a bare complementary petition; which would also be dangerous to our selves, in quashing the vigorous prosecuting of this, that contained the ultimate of our desires, and the sum of all those things, that in this World we desired, to make us happy.
But, Mr Speaker, it was again objected, That seeing this petition struck so much at the House of Lords, as it did, who lately it was said, had concurred with this House in their gallant Votes against the King, it was dangerous to the Kingdoms safety, in this juncture of time to promote it, lest it might occasion a clashing betwixt the two Houses, which would now be very dangerous.
Unto which, Mr Speaker, my self, &c. answered to this effect, That if the Lords had so concurred in these Votes, that they had declared it had been their duty, without dispute, to have concurred to all such Votes as the House of Commons had passed, there had been some ground to have pleaded for a respect unto them from us: But seeing they so passed the Votes, as in the passing of them, they declare it to be their right, to give their deniall to any Votes the House of Commons shall hereafter passe, that doth not please them: we are thereby engaged the rather to go on with our petition, to pluck up this their destructive interest by the roots for future, that had brought all our* miseries and woes upon us.
For, Mr Speaker, if the Lords be considered in their Judicative power, we shall find them as guilty of treason, in subverting our fundamentall Laws and Liberties, as ever the Lord of Strafford was: who in his impeachment of high Treason by this House, was accused in the 4. 5. 6. 7. 8. 9. articles, that he had traiterously subverted the fundamentall Laws of England and Ireland, and introduced an arbitrary tyrannicall Government beyond and above Law, in that he had upon papers,† petitions and verball complaints, without any due course, processe or shadow of Law (but meerly by the law of his own will) outed divers of the Free-men thereof out of their liberties, properties and free holds, to the ruin and destruction of many of their families.
And truly Mr Speaker, I must aver it, and do aver it before this honourable House, that the House of Lords are as guilty of this traiterous subverting of our fundamentall Laws and Liberties, and introducing and exercising an arbitrary tyrannicall Government, above and beyond all Law and Justice, as he was; and by the law of their own wils, without any due course or processe of Law, have outed divers Free-men of England out of their liberties, properties and free-holds; they themselves being complainents, prosecutors, parties, witnesses, Jury and Judges, have passed most barbarous and tyrannicall censures upon them, to the apparent ruin of them and their families: Yea, and upon me have passed so barbarous and transcendent an illegall sentence, that I am confident the like of it in all circumstances is not to be parallel’d in all the Earl of Straffords tyrannie. And Mr Speaker, let me freely tell you, that unlesse this House do execute upon the present tyrannicall House of Lords, or the mischievous law and libertie-destroying Ring-leaders amongst them, the Earl of Straffords punishment, for what they have already done, and for future take care to prevent their or any others exercise of the like arbitrary and tyrannicall power again, I shall never justifie you for righteous and impartiall Judges, or think that you have discharged your duty either to God or the Commonwealth, who chose and trusted you to preserve their liberties and freedoms, and punish those that destroy them.
The rest of my speech against the House of Lords Legislative power, being already at large printed in the 14, 15, 16, 17, pages, of my answer of the 27 Feb. 1647. to Mr GUALTER FROSTS malicious and false declaration against me, which I entituled, A WHIP FOR THE PRESENT HOUSE OF LORDS, OR, THE LEVELLERS LEVELLED: to which for brevities sake, I refer the Reader, and go on to the next thing in order (being the main thing I intend) as I upon the foresaid 19 day of January, 1647. confidently and avowedly delivered it at the Bar of the House of Commons, which is an impeachment of Treason against Cromwel &c. profering againe and againe upon my life to prove it every tittle at their Bar, which thus followeth.
My charge against Cromwell, and his Son Ireton.And now Mr Speaker, I must acquaint you, that there was occasion adminstred, to talke of Lieutenant General Cromwell, and his late gross apostacy, from patronising the peoples Liberties an Freedomes, and here Sir, it was declared with admiration and astonishment, that Lieut: Gen: Cromwell, who was once the glory of Englishmen, in visibly appearing for Justice and Freedome, both against the King, the Earl of Manchester, and the whole House of Peers, &c. and who had a principall hand in so many gallant Declarations of the Army, in diverse of which freedome, righteousnesse, and Justice was published to the whole Kingdom most gloriously,† That this very Lieut. Gen. Cromwell (whose name for honesty once rung and eccho’d throughout England) should now apostate from his former declared gallantry and honesty, and turne his back upon his owne solemne Declarations, Remonstrances, and Ingagements, and persecute with bitternesse (even to death and bonds) righteousnesse, truth and justice, in all those in the Army he met with it in (and now of late become a grand patron, protector and earnest pleader for the preservation of all the grand corrupt and inslaving interests in England) was a wonder and astonishment, that he that had the gloriest praise and opportunity put into his hands, that ever God put into the hands of an English man, to do good unto his native Country, and to settle the Laws, Liberties, and peace thereof, in their lustre and glory, should be courted out of all his principles, protestations and engagements, by a little selfish, glitering, worldly or corrupt honour, and to convert his power and interest to the quite contrary, to make us slaves and vassals, was the admiration and wonder, for all knowing, observing, and unbiased English men, and the greatest mischief that ever befel the honest men of the Kingdome; having divided them amongst themselves, that formerly were one, in their pursuing the firme establishment of the Common rights and freedomes of their native Country; diverse honest men having his person in admiration, either for advantage sake, or former good services sake, would not see their owne danger and misery, nor willingly would suffer their friends and neighbours to see that fatal ruine and destruction, that by his meanes (and HIS ALONE) was likely speedily to come upon them, and the whole Nation; by means of which we are so divided amongst our selves, that it was impossible, for all the professed enemies we had in England, to have put such a mischievous division amongst us, the bitter fruites of which we had lamentable experience of every day, in that it deprived us of the vigorous pursuing of al effectuall meanes to preserve and secure our selves from that eminent ruine and destruction, that is even at our very thresholds; And therefore it behoved us with all our might to presse hard forward, according to the marginall note of our Petition, to get our Lawes so strictly setled, as though it were impossible that ever an honest man should be borne into the world, to be an executor or administrator of them, we having found it too true a maxime (by experience in Lieut: Gen: CROMWELL alone) that whosoever meanes to settle good Laws, must proceed in them with a sinister or evil opinion of all man-kind; and suppose (ESPECIALLY AFTER HIS GROSSE APOSTACY) that whosoever is not wicked, it is for want of opportunity; and that no State or People can be wisely (or securely) confident of any publick minister whatsoever continuing good, longer then the rod is over his head.
And Mr Speaker, it was further declared, that though he might now seeme to face about, and to intend just and righteous things to the Kingdome, by reason of his late forwardnesse in the late Votes against the King, for no more Addresses to Him; Yet what rational man could groundlesly judge, that he thereby intended a reall good to the Kingdome? especially considering that in the very neck of those Votes, he and his faction (that he hath at command at the head-quarters) published a Declaration to the whole Kingdome, to maintaine the House of Lords in all their tyrannicall usurpations; the continuance of whose Law-making interests, is perfect vassalage and bondage to the whole Nation, as I have before undeniably and fully proved; or the rather, may not any rationall knowing-man conclude, that Lieut: Gen: Cromwel’s, and his Son Ireton’s late spight against the King, did procceed only from animositie and revenge against the King, because he had forsaken them, and accepted of a better bargaine from the* Scots, who (for their preservation it may be) were not onely willing to give Him His Negative voice, and an hereafter possession of the Militia, but a present right in it, and possession of it, the which if he enjoyed, the Army-Grandees and their accomplices, could not reigne over the people as they intended to do, for undoubtedly, if the King would have taken, and accepted of their conditions, and stuck close to them, and imbrace no other lovers, they would never have been so angry with Him, but withall their hearts have helped Him to His Crown & Throne againe, which is evident and clear, from Iretons transcendent pleading for Him (and new Addresses to Him) in this House, and the open Councels at Putney, &c. and Mr Speaker, while they accused Mr Hollis and Sir Philip Stapleton, &c. for high Treason, for under hand tamperings with the King; they themselves out-stript them at that very time, in that which they declared a crime in them, for Mr Speaker, their under hand tamperings with the King, were but petty ones to those grand ones these apostates had; for, Mr Speaker, as I said among my friends, I do now aver at this Bar (having my relation from so knowing good hands upon the place, that I dare ingage at my utmost peril before this House, at this Bar, to prove by exceeding good testimony to this effect; That when the proposals of the Army had past the great or Generall Councell of the Army (for so themselves called it, and therefore I wil give it the same name) Commissary General Ireton declared to diverse of the chief Officers, he would send a copy of them to the King, which being opposed by them, be replied, that he was engaged by promise to send a copy to the King, and therefore he would send one, though the General hanged him for so doing. And Mr Speaker, he did send one to the King, and that by the hands of Cromwels own Major, viz.† Major Huntington (who then was the bosome and indeared darling of both Iereton and his Father Cromwell, and it (viz. the Copy of the proposals) was delivered to the Kings owne hands, who read it over, and WITH HIS OWNE HANDS BLOTTED AND RASED OUT WHAT HE MOST DISLIKED, and enterlined it with His own hand in some places, which very Copy thus curtail’d and guelded, the King sent back to Ireton, and IRETON CAUSD THIS GUELDED COPY OF THE KINGS, TO BE PRINTED TO THE VIEW OF THE KINGDOME, AS THE ARMIES‖ PROPOSALS; when as indeed & in truth, Mr Speaker, they were no other, then the Proposals of the King and himself, and therefore no wonder the King to the Parliament so pressed to Treat upon these Proposals as He did; so that here was once declared affection enough to the King.
But Mr. Speaker, I do further aver, and upon my life profer at your command to produce at this Bar, a Gentleman of good quality, and of very much integrity, and a man of much repute amongst all the honest men in the Army; who comming from London to Westminster with me not long since, voluntary and freely told me to this effect, with avowed confidence to justifie it; That Cromwels Son that commands the Generals Life guard, taking notice of his aversonesse to his fathers designes, in his continuall crossing him and his creatures, laboured to draw him over to a compliance with his father, telling him how great a man his father was likely to be in the Kingdome, and thereby able to promote all those that would comply with him; for (saith he) I speake it with confidence, as a thing already done, that the King himself, hath wholly cast himself upon my father and my brother Ireton, to make His tearmes for Him, and restore Him to His Throne againe:* And Mr. Speaker, I know the Gentleman that told me this, is a man of so much gallantry, and honesty, that I am confident that he will scorne for all the Cromwels in the world, to deny one sillable he told me; and therefore againe Mr. Speaker, I do offer upon my credit and life (if this House please) to produce him at this Bar, and upon his oath and life to justifie before you, the effectuall substance of what in this particular I have declared unto this Honourable House.
But Mr. Speaker, whether it was the Kings forsaking of Cromwel and Iretons, and running over to the Scots, as those that had bid most for him, (it may be) being necessitated thereunto for their owne preservation, from the fear of an after ruine, from the King and Cromwell; if the King should come in by the means of Cromwell, that had a powerful Army at his command, who both of them (it may be) they thought) might be glad of a fit opportunity to chastise them, for all their iniquities committed against them, and their afforonts put upon them) I say, Mr. Speaker, whether it was the Kings forsaking of Cromwell, that made him face about, and to be now of late so high against Him (for pure love to Justice, and the universall good of his Country it could not be) or that lost condition he might apprehend himself to he in by his apostacy, in the affection of all his old and faithful friends (which it may be he might fear, might produce him a great deal of danger and mischief, (especially his perceiving the Kings staggering in his confidence of him) if not prevented by his speedy fancig about, or at least pretending to justice and righteousnesse amongst men once againe:) I say, whether of these two it were, that had the strongest impression upon him, to worke so speedy a change in him, I know not.
But this, Mr Speaker, I said unto my friends, and do aver unto you, that I was told by a very honest understanding Godly man (as I judge him) and one that is a very great honourer and doter upon Lieutenant Generall Cromwell, and one that hath had many bickerings with me for contesting with him,† to this effect, That there was an honest, stour, gallant and godly Gentleman of this House (for so he stiled him to me) and one that had been right for the Parliament, and his Country, all along; who being lately upon very good grounds (in his apprehension) told and informed by a Lady of quality in this Kingdom, that a bargain was struck betwixt Lieut: Gen: Cromwel, and the King, AND THAT CROMWEL WAS TO BE MADE EARL OF ESSEX; and since I have heard from other good hands a confirmation of its AND THAT HE WAS TO HAVE BESIDES A GEORGE AND A BLEW RIBBON, AND BE MADE A KNIGHT OF THE GARTER, &c. AND HIS OWN SON BEDCHAMBER-MAN TO THE PRINCE, AND HIS SON IN LAW IRETON WAS EITHER TO BE LORD DEPUTY OF IRELAND, OR AT LEAST FIELD MARSHALL GENERALL OF IRELAND: And this Member of your House (as he told me) entring into the serious consideration of these things, and believing they might be too true, was even confounded and amazed in himself, that England’s Liberties, and the protecters and preservers thereof, should at once be betraid (and as it were bought and sold (and that by Lieutenant General CROMWEL, a quondam bosom friend; that he that sometimes had been the glory of English-men (for professed honesty publiquely upon the house top) should now become the scorn and basest of his Nation, in under-hand and under-board (while he pretended friendship to honest English-men and their liberties) to stab them to the heart, by betraying them to the King; against whom, for the preservation of them, they had been fighting all this while, was that, Mr Speaker, that confounded and amazed the gallant Gentleman, to think with himself, that if this under-hand bargain betwixt the King and Cromwel should be true (for it seems he believed it was) all the honest men in England (that in the integrity of their hearts had adhered to the Parliament, and vigorously acted against the King) where destroyed and undone, and the liberties of England now in a worse condition, then they were before any of this late bloud shed for them; for by this bargain, if the King were restored upon it, he would have the interest and power of the Army at his beck and command (besides his own party) by means of which, he would be enabled to cut off the head of every honest gallant English man in England, that he had a mind to destroy, and for ever to subdue their laws and liberties, and make the survivers perfect vassals and slaves: The serious consideration of which, with a hot burning zealous indignation, so fired his soul, and elevated his spirit, that he by an unresistable force concluded, that necessarily one man must perish to save the whole Nation; and therfore resolved with himself, that he would be the man that would play the part of a second FELTON, was by an inward compulsion, resolved to go to Windsor (then the head Quarters) and wherever he met Lieutenant Generall Cromwel (either with his pistol or dagger) to dispatch him, as a desperate apostatized Traitor to the liberties of his Country, though he were destroyed when he had so done: And truly, Mr Speaker, as I understand, this had been vigorously attempted by him, if he had not revealed his intention to a Friend of his, another Member of this House, who stop’d him, by force, in a Chamber at White-hall: And this Gentleman that told me the story, speedily hearing of it, wrote a large and pithy Letter to the Lieutenant Generall, of almost a sheet of paper; wherein (to my understanding) he acquitted himself, not only as a Christian, but also as a faithfull English man; for, Mr Speaker, he came to my lodging in* London, and told me the effectuall substance of this story, and read unto me the copy of his large Letter, and took the opportunity thereof, to presse me to a patient expectation of the issues of things, and to moderate my heat against the Lieutenant Generall, for he was confident there would be in him a speedy visible change, and he hoped it would be for the good of the Kingdom; the fruit of which he doubted not but I in my particular, might come speedily to reap: And truly, Mr Speaker, I have perceived a kind of a change in Lieutenant Generall Cromwels visible actions ever since: but I wish my understanding could be groundedly satisfied, it were upon reall and just principles, viz. for the good of the Commonwealth: And now, Mr Speaker, if the House do question the truth of this relation, I do believe, within a little time, I shall be able to procure a copy of the Letter; but if I cannot do that now, I will engage my credit and life, to produce my Author at this Bar; who, I am confident, hath so much honesty in him, that he will not deny the truth of what he told me. But truly, Mr Speaker, as for the Gentlemans name of this House, that should have been the Second FELTON, I was not told it; though I confesse, so many circumstances were hinted to me, that I believe at the first guesse I could name him, but I cease that now.
And desire further to acquaint this House, that for all the late seeming changes in Lieutenant Generall Cromwel, I press’d them, they should not be too credulous in believing him, till they see him to be an active instrument, really and effectually to do some transcendent thing, that was for the universall good of all the Commons of England, which I could not fully apprehend in these late Votes of Non-Addresses, simply in themselves considered; for as yet I could see nothing further in them, then a kind of revenge, to pull down the King (because he had withdrawn his affections from them, and at present given them to the Scots) by means of which, they were deprived of their large hopes of rule and domination over the people under him, their sole and only true end enclosing with him; and therfore were now necessitated, for the obtaining the declared ultimate of their desires, viz. the setting up themselves, to pull down him: And if in these Votes they had intended reall good unto the generality of the people, they would have with them, instated them in the possession of some just and gallant freedoms and priviledges, worth their engaging again with and for the Parliament, in a new War; and so to have made them in love with the House, for their justice and goodnesse, handed out unto them; that their lives, nor estates, might not have been dear to them, but with willingnesse they might have freely adventured all they had, in opposing those that opposed them.
Whereas now with these Votes, they had nothing that was of generall good holden out unto them, but the likely hood of a new War, in provoking afresh, to the highest, all the Kings party, the Scotch, and the Zealots amongst the Presbyters; yea, and so passing their Votes, that in themselves rightly considered, they signified nothing; for if the Parliament fac’d back again, and un-voted them the next Week, as it is possible they might, these Votes were but a snare, to hazard the future destruction of those men, that at present should rejoyce at them, and in them: And, Mr Speaker, they were desired to consider, that if we implicitly, and hand over head, without first groundedly knowing what should be the prize of all our hazards and bloud, should again engage against the King, and also against the Scots (who had declared so much enmity, as to root up by the roots, all that would not concur to their every thing and nothing Presbyterie, under the names of Heretiques and Sectaries) who were now likely, upon the Kings interest, to invade the Kingdom: what should we get by it? It’s true, we might be the occasion of shedding much bloud, but in the conclusion it was possible our own might be shed: But suppose we were Conquerours, and the Army by our means did overcome the Scots: what better were we then? nay, were we not worse then, then now we are? and more likely to be made slaves, then now we are? For seeing the Grandees in the Army and Parliament, have declared so much bitternesse and enmity of spirit against all those principles of righteousnesse and justice, that we have promoted and proposed; without the firm establishment of which, it is impossible for us ever to be any other then vassals; and those that rule over us, perfect Tyrants: and if implicitly we should help them to subdue the Scots, we should but thereby the more easily enable them to make the more perfect slaves of us, when we had: whom we might easily see (by their malicious and bloudy prosecuting of our late Friends in the Army) did not anew begin to court us, out of any love to us, or out of any free disposition to do us or the Kingdoms good, but meerly because they had need of us, and did not well know how to go through their work, at present,* without us.
For truly, Mr Speaker, as I told my Friends, I was afraid that the interest of the generality of the Officers, in the Army, but especially the Grandees, was not peace, righteousnesse, justice and freedom, but wars, fightings and† catchings; and without the continuance of which, I conceived they could not continue their pride and tyrannicall domination over their Souldiers, and the rest of the people of the Kingdom (and absolutely I conceive their interest to be war) But it was our interest, and the generality of the people of the Kingdom, to prevent wars, if it were possible. But if we must engage in war again, it was our interest and wisdom, so to engage, if it were possible, as that meerly as English men, we might be unanimous in our engagements, either against the Scots, or any other interests whatsoever, that would rob us of our English liberties and freedoms: And, Mr Speaker, I told them both these things were contained in the Petition: For First, if those things were granted unto us, that were desired in the Petition, it was impossible for us to conceive of any thing else: the want of which, is worth the going to war for: And if the Petition were vigorously promoted, and pursued to the House, without all controversy it hath such excellent things in it, so good in themselves; for all sorts and kinds of English men, that if the House and the people should be united in those gallant, just and rationall things, the generall heart-burnings of the Kingdom would be alaied; and confidence in love and respect to each other, would be raised up amongst us; and our union of hearts thereby each to other, as Englishmen, would be as a wall of brasse, for securing the common interest of our Nation: So that neither Scotchman, nor any forraign power in Europe, durst to invade us: so that in the vigorous prosecuting of this Petition, union and love would be increased, and war prevented thereby: whereas nothing in the world will occasion wars so much, as our dis-union and heart-burnings each at other: which is impossible ever to be alaied, but either by the active prosecuting of this Petition, or something like it; that so something that is good for all men, as English-men, might be setled:
But in the second place, if we could not be so speedy in the prosecution of this Petition, so as to get those universall good and just things, therein contained, setled, before the Scots begun to Invade us; yet if upon their march we should enjoy the possession of them, it would make the generality of English-men stand together as one man; and all of them in the spirit, and with the principles of English-men, oppose them: so that the War (if it must be) would be carried on with that vigor and strength, that it were impossible, for all the power in Scotland, if they did the worst they could to destroy our Nation.
Whereas now in our divided condition, they will be sure if they come in, to make a prey of us; for in their comming in, they declare for the King’s Interest, which absolutely unites and knits their owne Kingdom as one man against us; and glues unto them in England, all the Kings party, and of necessity the Presbyters must joyne with their Masters of the Covenant; and risings there will be of necessity, and without all peradventure, all over the Kingdome: and if the Army be united within themselves (as it is a very great question whether they be or no), and were able to deale and grabble with all that opposition it is like to meet with, from those severall parties and interests, that here are like to rise up against it; yet truely Mr Speaker, though I do not like the late apostatized actions of the great men in the Army, I do as little like the Scotch high-flown expressions, to instate the King absolutely into the Militia as His right, and His absolute Negative Voice: And indeed Mr Speakers, it sounds not wel nor justly in my eares, for the Scots, who are and will be free men at home, and will neither (as I am told) allow the King the exercise of the Militia in their Kingdome, nor His Negative Voice, no nor yet the benefit of His Revenue; that they should notwithstanding all this, go about to make us all slaves, by fettering us with His mischievous Negative Voice, and His absolute exercise of our Militia, which seemes to me to be nothing lesse, then a desire to pick a quarrell with us, that so, Mr Speaker, they might come in againe for some more of our guids; therefore Mr Speaker, I cry out for union and peace upon just principles: For the very beginnings of War againe amongst us, would presently destroy that little Trade that is left, and then undoubtedly comes in famine, which is already at our very doores; for Mr Speaker, they were told a story to this effect, That some Wilkesshire Cloathiers, comming to the Sarazens head in Friday-street, had for a truth reported to the Master of the house, that Trading was already so decayed in their Country, that that Cloathier that used to set an hundred poor people at worke, could now scarce set twelve; insomuch, that the poor peoples necessities were growne so great in that Country, that they already begin in companies of six, ten, 12. 20, &c. to meet together in the Market Roads, and to take away the Country-mens Corne, as they carried it to sell at the Market, and before their faces to divide it amongst themselves, but give them their Horses and Sacks againe; and withall tell them, that meer hunger forced and necessitated them to do what they did.
And truely Mr Speaker, things are like shortly to be as bad at London, for want of Trade; for I have heard such grievous complaints from two sorts of people especially, that it would pitty any mans heart (that hath the heart of a man) to hear of the wants and necessities of divers families amongst them, that formerly had lived in good fashion; and they are the Weavers & Cloathworkers; and as for the Weavers, their Trade consisting principally in Ribbons and Laces; but superfluities in such things being laid aside, their Trade was growne exceeding dead, and many hundreds of their families falne into great miseries and wants, by reason that the most part of that little remaining part of their Trade that is left them, is taken from them by French men, Walloons, &c. and that which adds unto their misery, Mr Speaker, is this; That the Lord Major and Court of Aldermen, do put in execution of late A MOST WICKED, ILLEGAL Order, or Ordinance, of their owne making, by reason of which, their Catchpoles, seize upon the goods of the said poor Free-men of London, and beat and wound them, yea, and have committed murder upon some of them, if they come to any Innes, &c. and offer to sell their goods to any but Shop-keepers, who will give them but what they please for them; so that the poor Weavers, though Free-men of London, are not only in miserable poverty, but in the miserablest slavery (in the City where they by name are Free-men) that it is possible for men to be in, and to beat it with patience.
And Mr Speaker, the poor Cloathworkers, who by the expresse Statute-Law of the Kingdom, ought to dresse one white cloath in ever tenne,* that the Merchant, Patentee Monopolizers, commonly called the Merchant Adventurers, sends into the Low-Countries, and Denmarke; but now by reason that the chiefest of that Law, Liberty and Trade-destroying Monopoly, are Commissioners of the Custome-House, which in justice, equity and reason, no Trading Merchants whatever, never ought to be, they are deprived of their right in that particular, and crush’d in pieces with potency, and great purses; whereas, in the time of so exceeding great decay of Trade, it were more just and necessary to enable them to dresse the other nine, to set their poor families at work, many of which are ready to starve, then to take one piece of the tenth Cloath from them.
Mr. Speaker, All these things, with many more that then were minded, represented the miseries of this Kingdom very sad and great, and made the present Speaker there conclude, That if War did come amongst us, of necessity Famine would follow, and that would occasion all the poor people all over England to rise confusedly in hurly burly, and to cut the throats of their rich neighbours, to get their riches to buy them bread to keep them alive: and whether or no they might not as soon fall upon us, that they looked upon as Round-heads, Independent, Sectaries, &c. and so destroy us for our cordial and faithful adherence to the Parliament, whom now the most of them looked upon as those that had brought all their evils and miseries upon them. From all which considerations, it was (Mr. Speaker) with carnestnesse pressed vigorously to promote this Petition all over the Kingdom, as the onely means to heal and cure all our diseases and maladies, the things therein contained being so just in themselves, that none but those that desired to be absolute Tyrants, could speak against them: the obtaining of which would settle peace and quietnesse amongst us, and so cause Trade again to flourish. And Mr. Speaker, to presse this nail home to the head, I do confesse that I further added, that if such a generall confusion (as before is spoken of) should arise, it would then (I was confident of it) be greater security from the rage of the rude multitude, to be known to be “a vigorous prosecutor of this gallant, just and righteous Petition, (that did as much concern their good as our own) then to wear a blue Ribbon in our hats. And truly, Mr. Speaker, I may now with my pen add this, That blue Ribbons being Sir Thomas Fairfax his Colours, who now with his Army are the grand and strong protection of all those that march under his Colours under which whosoever shall come, may probably think to have safety; yet I was of opinion, and still am, That publick knowledge of a vigorous and strong acting in so transcendent, gallant and just a Petition as this is, in the day of a feared universall storm in England, will be of greater security and protection, then to be one of Sir Thomas Fairfax his Army, and to wear his Colours of blue Ribbons in his hat: for the Kingdom generally look upon the Souldiers now as their oppressors, and destroyers of their Laws, Liberties and Properties: but the promoters and procurers of the just things contained in this Petition, cannot chuse but be looked on by them as the repairers of their breaches, and the restorers of their Laws and Liberties.
Mr. Speaker, When we were coming away, there was one of the company said, That he heard a rumour abroad, as if the Lords had offered me a large sum of money so I would desist from prosecuting this large Petition; he therefore desired me to give him a true account, whether this report were true or no.
Unto which I answered to this effect, That it was not true; but it was possible it might arise from the report of some Messages I lately had received from the Lord Wharton: And Mr. Speaker, for that particular, I told him to this effect, That not long since, there came a Gentleman of some quality (and a man I look upon as an ingenuous man) to my lodging in London, and told me before two other Gentlemen (friends of mine) to this effect, That my Lord Wharton remembred “his respect unto me, who (he told me, he was very confident) was my very good friend, and would willingly serve me (and that he did beleeve, cordially) in any thing that lay within his power; and who, as he told me, did very much consider my long suffering condition, by reason of which he did beleeve money was not very plentifull with me, and therefore he was come from him to let me know, that he hath in readinesse a very considerable token for me, which he would send me, if he thought it would not be scorned, but accepted in love and respect.
Unto which (after a little pause) I answered to this effect, That I desired him to present my service to his Lordship, and from mee to thank him for his civility and courtesie towards me; But for me to receive his money, I could not in the least do it: because for me who professed ingenuity, and abhorred ingratitude (as a most dishonourable thing in any man whatsoever) to receive his money, it must needs to me become an obliging engagement, and tie me one way or another to studie how to requite it, which truly I told him, to his Lordship, (as he was now a Patentee prerogative Lord, and exercised a Legislative and arbitrary power by vertue thereof, which I looked upon as altogether destructive to the very being of the Liberties and Freedoms of the Commons of England) I could not in the least do it: but was absolutely resolved to professe open War with his arbitrary Prerogative-Lordship as long as I had breath in my body, and never to be reconciled unto it: And therefore in short, tell his Lordship from me, that if I were in such great straits, that I had not one penny in all the world (nor knew not where to borrow it) to buy me, my Wife, and Children bread to save us alive, and if in this great strait, his Lordship as he now is, should send me ten thousand pounds in gold, I would scorn to accept, or let my fingers so much as touch one peece of it; or that any that belonged to me, with my consent should do it for me.
But I desired him to tell his Lordship from me, that if he pleased to throw away his arbitrary, tyrannical pattentee, Lordly power, (which was, and would be the ruine of this Kingdome) and would put himself upon the affection of his Countrey, to be chosen a Knight of a Shire, as a well-deserving Englishman, I should then honour him, and be willing and ready to accept of the meanest token that he should send me, though it were but Five shillings, and judg my self obliged to serve him, and should readily doe it, yea, in preserving his reall propriety in his great estate unviolably; yea, and the title of his Honour, hereditary to his posterity for ever. And as I told my friend, Mr. Speaker, the Report might arise from this, which relation is true, and hath not been delivered to me once, nor twice, but oftner. But Mr. Speaker, I shall acquaint you further, that I in part acquainted my friend, how ingenuously I had dealt not only with my Lord Wharton, but the whole House of Peeres; in that I obeyed their first Warrant they sent to me to come to their Barr, the 10th. June, 1646. and immediatly as soon as I was served with it, being about six a clock on the next morning at my own house, (and I was to appear before them at Ten the same morning) I went immediately to my Lord Whartons house; and he being not stirring, I desired his servant to tell his Lordship what had happened; and that in regard I was obliged to their House, for the late Justice they had done for me about my reparations against the Star-chamber Judges, BEING OLD SIR HENRY VANE, &c. I was resolved for ingenuity and gratitudes sake, to vaile my Bonnet to them, as farre as with honesty and a good conscience I could; And therefore it was that I had obeyed their Warrant, and promised to appear at their Barre; which, as I sent him word, was more then by Law I was bound unto: but yet when I came there, I was resolved at their Bar, to protest against their jurisdiction over a Commoner; but I could doe no lesse then acquaint his Lordship with it before-hand, that so if he pleased to save and preserve the honour of their House, he might; if not, I would doe it, if I dyed for it: And if his Lordship pleased, I would meet him at the stroke of Nine a clock at COL. FLEETWOODS in black Fryers, to talk with him further about it, where he appointed to meet me; and away went I, to a friend, and drew up my Protestation, leaving him one copy to print in case I were imprisoned, and I took another, with my hand and seal to it; and accordingly, Mr. Speaker, I met my Lord at Col. Fleetwoods house, who as I remember, was gone abroad, whereupon I walked with my Lord to the black-Fryers bridg, where we had a large discourse about the Lords originall jurisdiction over Commoners; and I shewed him my protestation, the marrow of which he read; and I earnestly intreated him that he would be pleased to speak to the EARL OF ESSEX AND WARWICK, AND MY LORD ROBERTS, who was the principall man that had done all my businesse for me, and tell them from me, I bore so much honourable respect unto them, and their House, that if they pleased to command me to wait upon them, I would; and upon all the rest of the Lords in the house, and freely answer them to any questions that they in honour could demand of me, and I in conscience return an answer to, alwayes provided they talked not with me as a House, nor a Committee from their House, for having been fighting for my Liberties and Freedoms, I protested unto his Lordship before the God of Heaven and Earth, (and so I wish’d him to tell them) that if they forced me to their Bar, I both must and would protest against their incroachment upon the Commoners Rights, and appeal for justice against them to the House of Commons, although I died for it immediatly: And his Lordship told me, he beleeved the House of Commons would not stand by me: and I answered, I was confident they would, for it was their own Interest; but if they would not, I told his Lordship, now I knew my Liberties, I would never betray them while I breathed. And this, my Lord, I tell you further, and do professe it before Almighty God, that if your House will not be ruled by reason, but by their greatnesse think to crush me, and by force engage me in a contest against you, I so well understand the firmnesse of the grounds upon which I go, that I will venture my heart bloud against you, and never make peace with you, till either you have destroyed me, or I have plucked you or your Usurpations up by the roots. So away he went, and kept it off till about one of the clock. And, Mr. Speaker, when I was called in to their Bar, in going in I put no affront upon them, but went bare-head, and gave them three or four conges (with all respect) before I came to their Bar: where they fell a playing the High Commission Court with me, in examining me upon Interrogatories against my self; which forced me to deliver in my Protest against them; so that, Mr. Speaker, I am sure I pick’d no quarrell (nor sought any) with them. But now, Mr. Speaker, being so deeply engaged against them by their own folly as I am, for the preservation of the Laws and Liberties of my native Country, against their trampling them under their feet, in the enjoyment or practise of their usurpations, I will never make peace with them while I live, but studie night and day how to pluck them up by the roots; which I am confident, Mr. Speaker, is also the duty of this House, if they will rightly and truly discharge their duty to the Kingdom, according to that trust they have reposed in them.
The Reader may be pleased to take notice that at the Bar when I was speaking of writing of Letters, I took notice of one of the priests positive Charges, which was that I had writ a Letter to Sir Anthony Weldon of Kent: which I told M. Speaker was the absolutest lye in the world, for I never had a hand in the least in writing or indicting a Letter to Sir Ant. Weldon, neither did I read or heard read any Letter unto him; But M. Speaker said I, there is well nigh forty lyes more as palpable ones as this in his Relation, which I dare with confidence aver it at this bar, it I had in writing verbatim the very relation that he hath now made before this House by word of mouth, (for all his confidence) that I could by multitude of witnesses of upright life & conversation in all their conversings with their neighbours, and of untainted fidelity to the Parliament and the common interest of the Kingdom in the worst of times, punctually prove the greatest part of forty absolute lyes and falshoods, in his present confident relation; and for his averring that I said or it was said at the meeting that we would only make use of the Parliaments name, and of our Petition to them, for a cloak to colour our raising of the people til we were strong enough to destroy them; M. Speaker, I aver it with confidence upon my life there was no such thing spoken at all in the foresaid meeting, or any thing so much as tending thereunto all the time I was there, but the absolute quite contrary; the truth of which I am confident will if need require, be averred upon Oath by the generality of the whole Company then met together.
And therefore Master Speaker I shall draw towards a conclusion; but being that which followed is printed at large in the 17, 18, 19, 20, 22, &c. pages of the forementioned Book Called a Whip for the present House of Lords, I for brevities sake shall here passe it over and refer the Reader if he pleases to the perusing of it there, where also he will find I was like to be murthered at the House door by their Guard, because I would not go to prison but by vertue of a Warrant made according to that forme the law requires all Mittimusses to be; but being overpoured with drawn Swords and bent Muskets, I was forced to the Tower as a pretended Traytor; And therefore to record to posterity the desperate and inveterate malice and hatred of Cromwel and his associats against the Liberties and freedoms of England who to the breadth of an haire are like those wicked men in Christs time unto whom in Mat. 23 13. he thus speaketh: But we unto Scribes and Pharisees Hypocrites, for ye shut up the Kingdom of Heaven against men, for ye neither goe in you selves, neither suffer ye them that are entring to go in; Even so traiterous, bloody and ambitious Cromwell and his wicked associats will neither do good themselves in settling the Liberties of England nor suffer those that would to doe it, therefore woe unto them hypocrites and printed Sepulchers, who for all their fair pretences hate the Liberties of England more then they do the Devil, and rather then the people shall enjoy any real good for all the cost and hazards in seaven yeares wars for their Liberties and Freedoms, and so rid themselves of their Lordly and tyrannicall yoaks, they will shake Kingdoms and Nations, and hazard all yea their own lives by dint of Sword in new and bloody Wars, rather then the people shall enjoy their Liberties, or those without an imprisonment for Traytors that fairely and justly prosecute them; the last war in this Nation and all the innocent blood shed therein, lying principally upon Cromwel and Iretons store for breaking all their faith, promises and engagements made unto the Kingdom for their glorious setling of their Liberties which they not only failed in but begun to set up a selfish and Tyrannicall Interest of their own, and persecuted unto death and bonds the zealous sticklers for the peoples welfare, liberties and freedoms, which begot heart burnings and divisions, and thereby put the people into fury and madnesse, which brought in an inundation of bloudshed. For the demonstrating this in part take here.
A Copy of the Petition (for promoting of which M. Iohn Wildman and I were imprisoned a matter of seven months as Traytors, which thus followeth.
To the Supream Authority of England, the Commons assembled in PARLIAMENT.
THat the devouring fire of the Lords wrath, hath burnt in the Bowels of this miserable Nation, untill its almost consumed.
That upon a due search into the causes of Gods heavie judgements, we find(a) that injustice and oppression, have been the common Nationall sinnes, for which the Lord hath threatned woes, confusions and desolations, unto any people or nation; Wo (saith God) unto the oppressing City, Zeph. 3. 1.
That when the King had opened the(b) Flood-gates of injustice and oppression(c) upon the people, and yet peremptorily declared, that the People, who trusted him for their good, could not in, or by their Parliament require any account of the discharge of his trust; and when by a pretended negative voice(d) to Laws, he would not suffer the strength of the Kingdom, the Militia, to be so disposed of, that oppression might be safely remedied, and oppressours brough to condigne punishment, but raised(e) a War(f) to protect the subverters of our Laws and Liberties, and maintain Himself, to be subject to no accompt, even to such oppressions, and pursuing after an oppressive power, the Judge of the earth with whom the Throne of iniquity can have no fellowship, hath brough him low and executed fierc wrath upon many of his adherents.
That God expects justice from those before whose eyes he hath destroyed an unjust generation, Zeph. 3, 6, 7. and without doing justly, and relieving the oppressed, God abhors fastings and prayers, and accounts himselfe mocked, Pro. 19. 8. Isa. 10, 11, 12, 13, 14, 15, 16, 17. & 29. 13, 14. & 58. 45, 5, 6, 7. & 66. 2, 3. Jer. 6. 19, 20. & 7. 9, 10, 11, 14. Amos. 5. 6, 7. 15. 21, 22, 23. Mich. 6. 6, 7, 8.
That our eyes fail with looking to see the foundations of our Freedoms and peace secured by this Honorable House, and yet we are made to depend upon the Will of the King, and the Lords, which were never chosen or betrusted by the People, to redresse their grievances. And this Honorable House, which formerly declared that they were the Representatives of all England, and be trusted with our estates, liberties and lives, 1 part Book of Decla. 264. 382. do now declare by their practice, that they will not redresse our grievances, and settle our freedoms, unlesse the King and the Lords will.
That in case you should thus proceed, Parliaments will be rendred wholy uselesse to the People, and their happinesse left to depend solely upon the will of the King, and such as he by his Patents creats Lords; and so the invaluable price of all the precious English bloud, spilt in the defence of our freedoms against the King, shall be imbezelled, or lost; and certainly, God the avenger of bloud, wil require it of the obstructors of justice and freedom, Judges 9. 23.
That though our Petitions have been burned, and our persons imprisoned, reviled, abused, only for petitioning, yet we cannot despair absolutely of all bowels of Compassion in this Honorable House to an enslaved perishing people. We will nourish some hopes that you will at last consider our Estates are expended, the whole trade of the Nation decayed, thousands of families impoverished, and mercilesse Famine is entring into our gates, and therefore we cannot, but once more essay to pierce your ears with our dolefull cries for Justice and Freedom, before your delays wholy consume the Nation. In particular, we earnestly intreat;
First that seeing we conceive this Honorable House intrusted by the People, with all power to redresse our grievances, and to provide security for our Freedoms, by making or repealing laws, Erecting or abolishing Courts, displacing or placing Officers, and the like; and seeing upon this consideration, we have often made our addresses to you; and yet we are to depend for all our expected good, upon the wills of others, who have brought all our misery(g) upon us: that therefore in case this Honourable House will not, or cannot according to their trust, relieve and helpe us, that it be cleerly declared; that we may know to whom as the Supreame power, we may make our present addresses before we perish, or be enforced to flie to the Prime Laws of nature(h) for refuge.
2. That as we conceive all Governours and Magistrates being the Ordinance(h) of men, before they be the Ordinance of God; and no authority being of God approbationally, but what is erected by the mutual consent of a People; and seing this Honorable House alone represent or ought to represent the people of this Nation; that therefore no person whatsoever be permitted to exercise any power or authority in this Nation, who shall not cleerly and confessedly receive his power from this House, and be always accountable for the discharge of his trust, to the people in their representers in Parliament; or otherwise, that it be declared who they are which assume to themselves a Power according to their own wils, and not received as a trust from the People, that we may know to whose Wills we must be subject, and under whom we must suffer such oppressions as they please, without a possibility of Justice against them.
3. That considering, that all just power and Authority in this Nation, which is not immediately derived from the people, can be derived only from this honourable House; and that the People are perpetually subject to Tyranny, when the Jurisdiction of Courts, and the power and Authority of Officers are not cleerly described, and their bounds and limits(i) prefixed: That therefore the Jurisdiction of every Court of Judicature, and the power of every Officer or Minister of Justice, with their bounds and limits, be forthwith declared by this Honorable House, and that it be enacted, that the Judges of every Court, which shall exceed its jurisdiction, and every other Officer or Minister of Justice, which shall intermeddle with matters not coming under his Cognisance, shall incur the forfeiture of his and their whole estates: and likewise, That all unnecessary Courts may be forthwith abolished; and that the publick Treasury, out of which the Officers solely ought to be maintained,(k) may be put to the lesse charge.
4. That whereas there are multitudes of complaints of Oppression by Committees of this House, determining particular matters, which properly appertains to the cognizance of the Ordinary Courts(l) of Justice; and whereas many persons of faithfull and publick spirits have been and are daily molested, vexed, imprisoned by such Committees, sometimes for not answering Interrogatories, and sometimes for other matters, which are not in Law criminal; and also without any legal Warrants expressing the cause, and commanding the Jaylor safely to keep their bodies untill they be delivered by due course(m) of Law: And by these oppressions the persons and estates of many are wasted and destroyed; That therefore henceforth no particular cause, whether criminal or other, which comes under the cognizance of the Ordinary Courts of Justice, may be determined by this House, or any Committe thereof; or any other then by those Courts whose duty it is to execute such Laws as this Honourable House shall make, and who are to be censured by this House in case of injustice: Alwayes excepted, matters relating to the late War, for indemnity for our assisters; and the exact observation of all Articles granted to the adverse(n) Party; and that henceforth no person be molested or imprisoned by the will or arbitrary powers of any or for such matters as are not crimes(o) according to Law. And that all persons imprisoned at present for any such matters, or without such legal Warrants as above-said, upon what pretence, or by what Authority soever, may be forthwith released, with due reparations. See the Armies Book of Declar. pag. 11. 31. 32. 33. 34. 45. 97.
5. That considering its a Badge of our slavery to a Norman Conqueror, to have our Laws in the French Tongue; and it is little lesse then brutish vassalage to be bound to walk by Laws which the people(p) cannot know, that therefore all the Laws and Customs of this Realm be immediately written in our mother-Tongue(q) without any abbreviations of words, and in the most known vulgar hand, viz. Roman or Secretary; and that Writs, Processes, and Enrolments be issued forth, entred, or inrolled in English, and such manner of writing as aforesaid.
6. That seeing in Magna Charta, which is our native Right, it is pronounced in the name of all Courts, That we will sell to no man, we will not deny, or defer to do any man either Justice or Right: notwithstanding we can obtain no Justice, or Right, neither from the common ordinary Courts, or Judges, nor yet from your own Committees, though it be in case of indempnity for serving you, without paying a dear price for it; that therefore our native(r) Right be restored to us, which is now also the price of our blood; that in any Court whatsoever, no moneys be extorted from us, under pretence of Fees to the Officers of the Courts or otherwise; And that for this end sufficient salaries or pensions be allowed to the Judges, and Officers of Courts, as was of old out of the common Treasury, that they may maintain their Clerks and servants, and keep their Oathes uprightly, wherein they swear to take no Money or cloaths, or other Rewards, except meat and drink in a small quantity, besides what is allowed them by the King: and this we may with the more confidence claim as our Right, seeing this honorable House hath declared, in case of Ship-money, and in the case of the Bishops Canons, that not one penny by any power whatsoever, could be levyed upon the people, without common consent in Parliament, and sure we are that the Fees now exacted by Judges and Clerks, and Jaylors, and all kinde of Ministers of Justice, are not setled upon them by Act of Parliament, and therefore by your own declared principles, destructive to our property;(s) therefore we desire it may be enacted to be death for any Judge, Officer, or minister of Justice, from the highest to the lowest, to exact the least moneys, or the worth of moneys, from any person whatsoever, more then his pension or salary, allowed from the common Treasury. And that no Judg of any Court may continue above three years.
7. That whereas according to your owne complaint in your first Remonstrance of the(t) state of the Kingdom, occasion is given to bribery, extortion, and partiallity by reason that Judiciall places, and other Offices of power and Trust are sold and bought; that therefore for prevention of all injustice, it be forthwith Enacted, to be death for any person or persons whatsoever, directly or indirectly, to buy, or sell, or offer or receive moneys or rewards, to procure for themselves or others any Office of power or Trust whatsoever: See for this purpose 12 R 2. c. 2. & 5. & 6. Ed. 6. c. 16. & 1 patt Cooks Institutes, fol. 3. 6. & fol. 233 b. and 234. a.
8. Whereas according to Justice and the equitable sense of the Law, Goals, and Prisons ought to be only used as places of safe custody, untill the constant appointed time of speedy tryals(u); and now they are made places of torment and the punishment of supposed offenders, they being detained many years without any Legall tryals; that therefore it be Enacted, that henceforth no supposed offender whatsoever may be denyed his Legall tryall at the first Sessions, Assizes, or Gaol-delivery, after his commitment(w) end that at such tryal, every such supposed offender, be either condemned or acquitted.
9. Whereas Monopolies of all kindes have been declared by this Honorable House, to be against the fundamentall Lawes of the Land, and all such restrictions of Trade, doe in the consequence destroy not only Liberty but property; that therefore all Monopolies whatsoever, and in particular that oppressive Company of Merchant-Adventurers be forthwith abolished, and a free Trade restored; and that all Monopolizers may give good reparation to the Commonwealth, and to particular parties who have been damnified by them, and to be made incapable of bearing any Office of power or trust in the Nation; and that the Votes of this House Novemb. 19. 1640. against their sitting therein, may be forthwith put in due execution.
10. Whereas this House hath declared in the first Remonstrance of the(x) state of the Kingdome, that Ship-money and Monopolies which were imposed upon the people before the late Warre, did at least amount to 1400000l. per annum: and whereas since then, the Taxes have been double and treble; and the Army(y) hath declared that 1300000l. per annum would compleatly pay all Forces and Garrisons in the Kingdom; and the Customes could not but amount to much more then would pay the Navie: so that considering the vast summes of moneys raised by proposition-money, the fift and twentyeth part, sequestiations, and compositions, excise, and otherwise, it is conceived much Treasure is concealed; that therefore an Order issue forth immediatly from this Honourable House to every parish in the Kingdome, to deliver in without delay to some faithfull persons, as perfect an accompt as possible, of all moneys levyed in such Town, City or Parish; for what use or end soever, since the beginning of the late Warre, and to return the severall Receivers names, and that those who shall be employed by the severall Parishes in every Shire or County, to carry in those accompts to some appointed place in the County, may have liberty to choose the receiver of them; and that those selected persons by the severall parishes in every County or Shire, may have liberty to invest some one person in every of their respective Counties or places, with power to sit in a Committee at London or elswhere, to be the Generall Accomptants of the Kingdom, who shall publish their Accompts every month to the publick view, and that henceforth there be onely one Common Treasury, where the Books of Accompts may be kept by severall persons, open to the view of all men.
11. Whereas it hath been the ancient Liberty of this Nation, That all the Free-born people have freely elected their Representers in Parliament, and their Sheriffs, and(z) Justices of the Peace, &c. and that they were abridged of that their native Liberty, by a Statute of 8th of H. 6, 7. and the 27 H. 8th. 24. That therefore, that Birth-right of all Englishmen, be forthwith restored to all which are not, or shall not be Legally disfranchised for some criminall cause, or are not under twenty one years of age, or servants, or beggars; and we humbly offer, That every County may have its equall Proportion of Representers; and that every County may have its severall Divisions, in which one Representer may be chosen: and that some Representatives of every Parish proportionably may be the Electors of the Sheriffs, Justices of the Peace, Committee men, Grand-jury men, and all Ministers of Justice whatsoever in the respective Counties; and that no such Minister of Justice may continue in his Office above one whole yeer without a new(aa) Election.
12. That all Statutes for all kind of Oaths, whether in Corporations, Cities or other, which insnare consciencious people, as also all other Statutes injoyning all to hear the Book of common-Prayer, be forthwith repealed and nulled, and that nothing be imposed upon the consciences of any, to compel them to sin against their own consciences.
13. That the too long continued shame of this Nation, viz. permission of any to suffer such poverty as to beg their bread, may be forthwith effectually remedied; and to that purpose, that the poor be enabled to chuse their Trustees to discover all Stocks, Houses, Lands, &c. which of right belong to them and their use, that they may speedily receive the benefit thereof, and that some good improvement may be made of waste Grounds for their use; and that according to the promise of this Honourable House in your first Remonstrance, care be taken forthwith to advance the native commodities of this Nation, that the Poor may have better wages for their labour, and that Manufactures may be increased, and the Herring fishing upon our own Coasts may be improved for the best advantage of our own Marriners, and the whole Nation.
14. Whereas that burthensom Tax of the Excise lies heavie onely upon the poorer, and most ingenuous and industrious People, to their intolerable oppression; and that all persons of large Revenues in Lands, and vaste estates at usury, bear not the least proportionable weight of that burthen, whereby Trade decayes, and all ingenuity and industry is discouraged; That therefore that oppressive way of raising money may forthwith cease, and all moneys be raised by equall Rates, according to the proportion of mens estates.
15. That Mr Peter Smart, Doctor Leighton, M. Ralph Grasion, M. Hen. Burton, Doctor Bastwick, M. William Prynne, Lieut. Colonel John Lilburn, the Heirs and Executors of M. Brewer, M. John Turner, and all others that suffered any cruelty, or false, illegall imprisonment, by the Starchamber, the high Commission, or Councel-board, as also M. Alderman Chambers, and all others that suffered oppression before the Parliament, for refusing to pay illegall imposts, customs or Ship-money, or yeeld conformity to Monopolizing Patentees, may, after seven yeers attendance for justice and right, forthwith by this House receive legall and just Reparations out of the Estates of all those, without exception, who occasioned, acted in, or procured their heavie sufferings, that so in future Ages men may not be totally discouraged to stand for their Liberties and Freedoms, against oppressors and Tyrants.
16. Whereas we can fix our eyes upon no other but this Honorable House for relief in all these our pressing grievances, untill we shall be enforced to despair, we therefore desire that the most exact care be had of the right Constitution thereof: And therefore we desire that all Members of this House chosen in their Nonage, may be forthwith ejected, and that all Votes for suspension of Members from this House, may be forthwith put in execution; Provided, that the House proceed either finally to expel them, that others may be elected in their stead, or they be restored to serve their Country: And likewise that all Lawyers who are Members of this House (by reason of their over awing power over Judges of their own making) may wholly attend the Peoples service therein; and that every of them may be expelled the House, who shall hereafter plead any cause before any Court or Committee whatsoever during his Membership in this House. And we do further desire, that every Member of this House may be enjoyed under some great penalty, not to be absent above three dayes, without the expresse license of this House; and not above one month, without the license of the place by which they are betrusted: And likewise that no Law may be passed, unlesse two third parts of all the Members of this House be present, and that the most speedy care be had to distribute Elections equally throughout the Nation; and that the extent of the Power and Trust of this honorable House be cleerly declared, with the true end and intention thereof, viz. To make just Laws, binding all alike for the preservation and equal good of all, but not to execute Laws.
Now whereas the particular requests in our Petitions are for the most part never debated in this House, but when we are at any time rightly interpreted in our meanings and intentions, we onely receive thanks for our good affections or promises, that in due time our desires shall be taken into consideration: and by such delayes our destractions are daily increased, and our burdens-made more heavie: therefore we desire that a Committee be forthwith appointed by this Honourable House, who may be enjoyned under some penalty, to sit from day to day, untill they have debated every particular of our request, and reported their sense of the justnesse and necessitie of them to this House, that we may attend for an Answer accordingly: and that a time be fixed when such a Committee shall make their report. And we further desire the same Committee may be invested with power to hear all our other complaints, and offer sutable remedies to this Honourable House, and to bring in the Appeals of any persons from the Judges at Westminster to this Honourable House, against their injustice, briberie, or illegall delay and oppression.
Now O ye worthie Trustees! Let not your ears be any longer deaf to our importunate cries: let not our destruction be worse then that of Sodom, which was overthrown in a moment. Let us not pine away with famine, and be worse then those who die by the sword. Oh dissolve not all Government into the prime Laws of Nature, and compel us to take the naturall remedie to preserve ourselves, which you have declared no people can be deprived of.(bb) O remember that the righteous God standeth in the Congregation of the mighty, and judgeth among the gods, and saith, How(cc) long will ye judge unjustly, and accept the persons of the wicked? Defend the poor and fatherless, do justice to the afflicted and needy; deliver the poor and needy, and rid them out of the hands of the wicked.
Now judge O Heavens, and give your verdict O ye sons of men, where the Treason is in this Petition, for which M. Wildman and I, as the chief prosecuters thereof deserved seven months imprisonment as Traitors therefore: or rather doth it not declare that Cromwel and the rest of his fellow-binderers of the promotion and accomplishment of the just things therein contained (the establishing of which would have, in the eye of reason, prevented all the late Wars, and all the desperate hazards that were run thereby) are as grand enemies to the Liberties and Freedoms of England, as any of those ever were whom they have destroyed, and as grand Traitors to their trust as ever piss’d against a wall, meerly, soly and only seeking themselves, and their own tyrannicall domination by all their actions, their pretences being but meer stalking-horses thereto; as most cleerly appears by Cromvvel’s own Majors Impeachment of him to the Parliament, the copy of which thus follows.
Sundry REASONS inducing Major ROBERT HUNTINGTON to lay down his Commission,
Humbly presented to the Honourable Houses of Parliament, 2 August, 1648.
HAving taken up Arms in defence of the Authority and Power of King and Parliament under the command of the Lord Grey of Warke, and the Earl of Manchester, during their severall imployments with the Forces of the Eastern Association; and at the modelling of this Army under the present Lord General, having been appointed by the honourable Houses of Parliament, Major to the now Regiment of Lieutenant General Cromwel, in each of which imployments I have served constantly and faithfully, answerable to the trust reposed in me. And having lately quit the said imployment, and laid down my Commission, I hold my self tied both in duty and conscience to render the true reason thereof; which in the generall is briefly this; Because the Principles, Designes and Actions of those Officers, which have a great influence upon the Army, are (as I conceive) very repugnant and destructive to the honour and safety of Parliament and Kingdom, from whom they derive their Authority. The particulars whereof being a Breviate of my sad Observations, will appear by the following Narrative.
First, That upon the Orders of Parliament for disbanding this Army, Li. Gen. Cromwel and Commissary General Ireton were sent Commissioners to Walden, to reduce the Army to their obedience, but more especially, in Order to the present supply of forces for the service of Ireland: But they, contrary to the trust reposed in them, very much hindred that service, not only by discountenancing those that were obedient and willing, but also by giving incouragement to the unwilling and disobedient; declaring, that there had been much cruelty and injustice in the Parliaments proceedings against them (meaning the Army) and Commissary Generall Letton in further pursuance thereof, FRAMED THOSE PAPERS AND WRITINGS THEN SENT FROM THE ARMY TO THE PARLIAMENT AND KINGDOM, saying also to the Agitators, that it was lawfull and fit for us so deny disbanding, till we had received equall and just satisfaction for our part service; Lieutenant Generall Cromwell further adding. That we were in a double capacity, as Souldiers, and as Commoners; and having our pay as Souldiers, we have something else to stand upon as commoners. And when upon the Rendezvouz at TRIPPLE-HEATH the Commissioners of Parliament, according to their Orders, acquainted every Regiment with what the Parliament had already done, and would further do in Order to the desires of the Army, the Souldiery being before prepared, and notwithstanding any thing could be said or offered to them by the Commissioners, they still cryed out for Justice, Justice.
And for the effecting of their further purposes, advice was given by Lieutenant Generall Cromwel, and Commissary Generall Ireton, to remove the Kings Person from Holdenby, or to secure him there by other Guards then those appointed by the Commissioners of Parliament, which was thought most fit to be carryed on by the private; Souldiery of the Army, and promoted by the Agitators of each Regiment, whose first businesse was to secure the Garrison of Oxon, with the Guns and Ammunition there, from thence to march to Holdenby in prosecution of the former advice, which was accordingly acted by Cornet Joyce; who when he had done the businesse, sent a Letter to the Generall then at Kyton, acquainting his Excellency that the King was on his march towards Newmarket: The Generall being troubled thereat, told Commissary Generall Ireton that he did not like it, demanding withall who gave those Orders; He replyed, that he gave Orders only for securing the King there, and not for taking him away from thence; Lieutenant-Generall Cromwel coming; then from London, said that if this had not been done, the King would have been sent away by the Order of the Parliament, or els Colonel Graves by the advice of the Commissioners would have caryed him to London, throwing themselves upon the favour of Parliament for that Service. The same day Cornet Joyce being told that the General was displeased with him for bringing the King from Holdenby, he answered, that Lieut. Gen. Cromwel had given him Orders at London[a] to do what he had done, both there and at Oxford.
The person of the King[b] being now in the power of the Army, the businesse of Lieutenan-Generall Cromwel was to court his Majesty (both by Members of the Army, and several Gentlemen formerly in the Kings Service) into a good opinion and belief of the proceedings of the Army, as also into a disaffection and dislike of the proceedings of Parliament, pretending to shew, that his Majesties Interest would far better suit with the Principles of Independency, then of Presbytery: And when the King did alledge (as many times he did) That the power of Parliament was the Power by which we fought, Lieutenant-Generall Cromvvel would reply, That WE WERE NOT ONELY SOULDIERS, BUT COMMONERS, promising that the Army would be for the King in the Settlement of his whole Businesse, if the King and his party would sit still, and not declare nor act against the Army, but give them leave onely to mannage the present businesse in hand.
That when the King was at New-market, the Parliament thought fit to send to his Majesty, humbly desiring, that in Order to his safety, and their addresses for a speedy settlement, he would be pleased to come to Richmond; contrary hereunto resolution was taken by the aforesaid Officers of the Army, That if the King could not be diverted by perswasion (to which his Majesty was very opposite) that then they would stop him by force at Royston, where his Majesty was to lodge the first night, keeping accordingly continuall Guards upon him, against any power that should be sent by Order of Parliament to take him from us: And to this purpose out Guards were also kept to preserve his escape from us, with the Commissioners, of whom we had speciall Orders given to be carefull; for that they did daily shew a dislike to the present proceedings of the Army against the Parliament, and that the King was most conversant and private in discourse with them; His Majesty saying, that if any man should hinder his going (now his Houses had desired him upon his late Message of the 12 of May 1647.) it should be done by force, and by laying hold on his Bridle, which if any were so bold to do, he would endeavour to make it his last. But contrary to his Majesties expectation, the next morning, when the King and the Officers of the Army were putting this to an issue, came the Votes of both Houses to the King, of their compliance with that which the Army formerly desired: After his Majesty did incline to hearken to the desires of the Army, and not before: Whereupon at Caversham, the King was continually sollicited by Messengers from Lieutenant-General Cromvval, and Commissary-General Ireton proffering any thing his Majesty should desire, as Revenues, Chaplains, Wife, children, servants of his own; visitation of Friends[c], accesse of Letters, and (by Commissary-General Ireton) that his Negative Voice should not be medlest withall, and that had hee convinced those that reasoned against it at the Generall-councell of the Army, as also all this they would doe, that His Majesty might the better see into all our Actions, and know our principles, which lead us to give him all those things out of Conscience; For that we were not a people hating His Majesties person, or Monarchicall[d] Government; but that we like it as the best, and that by this King; saying also, That they did hold it a very unreasonable thing for the Parliament to abridge him of them, often promising, That if his Majesty will sit still and not act against them, They would in the first place restore him to all these, and upon the settlement of our own just rights and Liberties make him the most glorious Prince in Christendome; That to this purpose for a settlement they were making severall Proposals to be offered to the Commissioners of Parliament then sent down to the Army, which should be as bounds for our party, as to the Kings businesse; and that his Majesty should have liberty to get as much of those abated as be could, for that many things therein were proposed only to give satisfaction to others which were our friends, promising the King that at the same time the Commissioners of Parliament should see the Proposals, His Majesty should have a copy of them also, pretending to carry a very equall hand between King and Parliament, in order to the settlement of the Kingdom by him, which besides their own Judgment and conscience, they did see a necessity of it, as to the people: Commissary Generall Ireton further saying. That what was offered in these Proposals, should be so just and reasonable, That if there were but six men in the Kingdom that would fight to make them good, he would make the seventh, against any power that should oppose them.
The Head-Quarters being removed from Reading to Redford, His Majesty to Woborne, the Proposals were given to me by Commissary Generall Ireton, to present to the King; which his Majesty having read told me, be would never treat with the Army or Parliament upon those Proposals, as he was then minded: But the next day his Majesty understanding that a force was put upon his Houses of Parliament by a tumult, sent for me again and said unto me, Goe along with Sir Iohn Barkley to the Generall and Lieutenant Generall, and tell them, that to avoid a new war, I will now treat with them up on their Proposals, or on any thing els in Order to a Peace, only let me be saved in honour and conscience: Sir Iohn Barkley falling sick by the way, I delivered this Message to Lieutenant Generall CROMWELL and Commissary Generall Ireton, who advised me not to acquaint the Generall with it, till ten or twelve Officers of the Army were met together at the Genenerals Quarters, and then they would bethink themselves of some persons to be sent to the King about it; And accordingly Commissary Generall Ireton, Colonel(e) Rainsborough, Colonel Hamond, and Col. Rich, attended the King at Woborne for three houres together, debating the whole businesse with the King upon the Proposals; upon which debate, many of the most materiall things the King disliked were afterwards struck out, and many other things much abated by promises, whereupon his Majesty was pretty well satisfied.
Within a day or two after his Majesty removed to Stoke, and there calling for me, told me he feared an Engagement between the City and the Army; saying, he had not time to write any thing under his hand, but would send it to the Generall after me, commanding me to tell Commissary Generall Ireton, with whom he had formerly treated upon the Proposals, that he would wholly throw himself upon us, and trust us for a settlement of the Kingdome as he had promised; saying, if we proved honest men, we should (without question) make the Kingdom happy, and save much shedding of blood. This Message from His Majesty, I delivered to Commissary Generall Ireton at Colebrook, who seemed to receive it with joy, saying, That we should be the veriest Knaves that ever lived, if in every thing we made not good what ever we had promised, because the King by his not declaring against us, had given us great advantage against our Adversaries.
After our marching through London with the Army, his Majesty being at Hampton Court, Lieutenant Generall Cromwel, and Commissary Generall Ireton, sent the King word severall times, that the reason why they made no more hast in businesse, was because that party which did then sit in the House while Pelham was Speaker, did much obstruct the businesse, so that they could not carry it on at present. The Lieutenant Generall often saying, Really they should be pulled out by the ears, and to that purpose caused a Regiment of Horse to Rendezvouz at Hide-Parke to have put that in execution as he himself expressed, had it not been carryed by Vote in the House that day as he desired: The day before, the Parliament Voted once more the sending of the Propositions of both Kingdoms to the King by the Commissioners of each Kingdom at Hampton Court. Commissary Generall Ireton bade me tell the King, that such a thing was to be done to morrow in the House, but his Majesty need not to be troubled at it, for they intended it to no other end but to make good some promises of the Parliament, which the Nation of Scotland expected performance of: and that it was not expected or desired his Majesty should either Sign them or Treat upon them, for which there should be no advantage taken against the King. Upon the delivery of which Message, His Majesty replyed, he knew not what Answer to give to please all without a Treaty. Next day after this Vote passed, the Lieutenant Generall asked me thereupon, If the King did not wonder at these Votes; I told him no: For that Commissary Generall Ireton, had sent such a Message by me the day before the Vote passed, to signifie the reason of it: The Lieutenant Generall replyed, that really it was the truth, and that we (speaking of the Parliament) intended nothing else by it, but to satisfie the Scots, which otherwise might be troublesome. And the Lieutenant Generall, and Com. Gen. Ireton enquiring after His Majesties Answer to the Propositions, and what it would be, it was shewed them both privately in a Garden-house in Putney, and in some part amended to their own mind.
Nota bene.But before this, the King doubting what answer to give, sent me to Lieutenant Generall Cromwell, as unsatisfied with the Proceedings of the Army, fearing they intended not to make good what they had promised: and the rather because his Majesty understood that Lieutenant General Cromwel, and Commissary Generall Ireton, agreed with the rest of the House in some late Votes that opposed the Proposals of the Army, that they severally replyed, that they would not have his Majesty mistrust them, for that since the House would goe so high, they only concurred with them, that their unreasonablenesse might the better appear to the Kingdom; And the Lieutenant Generall bade me further assure the King, that if the Army remained an Army, his Majesty should trust the Proposals with what was promised to be the worst of his conditions which should be made for him; and then striking his hand on his brest (in his Chamber at Putney,) bade me tell the King he might rest confident and assured of it; and many times the same Message hath been sent to the King from them both, but with this addition from Commissary Generall Ireton, that they would purge and purge, and never leave purging the Houses, till they had made them of such a temper as should do his Majesties businesse. And rather then they would fall short of what was promised, he would joyn with French, Spaniard, Cavalier or any that would force them to it. Upon the delivery of which Message the King made Answer, that if they doe, they would doe more then he durst doe. After this the delay of the settlement of the Kingdom was excused upon the Commotions of Colonel Martin, and Colonel Rainsborough with their adherents; the Lieutenant General saying, That speedy course must be taken for putting them out of the House and Army, because they were now putting the Army into a Mutiny, by having hand in publishing several Printed Papers, calling themselves the Agents of five Regiments, and the Agreement of the People, although some men had encouragement from Lieutenant Generall Cromwel, for the prosecution of those(f) Papers; and he being further prest to shew himself in it, he desired to be excused at the present, for that he might shew himselfe hereafter for their better advantage, though in the Company of those men which were of different judgments he would often say, that these People were a giddy-headed Party, and that there was no trust nor truth in them; and to that purpose wrote a Letter to Colonel Whaley that day the King went from Hampton Court, intimating doubtfully that His Majesties Person was in danger by them, and that he should keep an Out-guard to prevent them; which Letter was presently shewed to the King by Col.* Whaley.
That about six dayes after, when it was fully known by the Parliament and Army, that the King was in the Isle of Wight, Commissary General Ireton standing by the fire-side in his Quarters at Kingston, and some speaking of an agreement likely to be made between the King and Parliament, now the Person of the King was out of the power of the Army: Commissary Gen. Ireton replyed with a discontented countenance, that he hoped it would be such a Peace, as we might with a good conscience fight against them both. Thus they who at the first taking the King from Holdenby into the power of the Army, cryed down Presbyterian Government, the proceedings of this present Parliament, and their perpetuity, and in stead thereof held forth an earnest inclination to a moderate Episcopacy, with a new election of Members to sit in Parliament for the speedy settlement of the Kingdom; and afterwards when the Eleven Members had left the House, and marched thorow London with the Army, the seven Lords impeached, the four Aldermen of London committed to the Tower, and other Citizens committed also; then again they cryed up Presbyterian Government, the perpetuity* of this present Parliament. Lieutenant Gen. Cromwel further pleasing himself with the great Summs of money which were in arrear from each County to the Army; and the Tax of sixty thousand pound per Month for our maintenance; Now, saith he, we may be, for ought I know, an Army so long as we live; and since the sending forth the Orders of Parliament for the calling their Members together, Lieutenant Gen. Cromwel perceiving the Houses will not answer his expectation, he is now again uttering words, perswading the hearers to a prejudice against the proceedings of Parliament, again crying down Presbyterian Government, setting up a single Interest, which he calls an honest Interest, and that we have done ill in forsaking it: to this purpose it was lately thought fit to put the Army upon the chusing new Agitators, and to draw south of the House of Parliament 60 or 70 of the Members thereof, much agreeing with his words he spake formerly in his Chamber at Kingstone, saying, What sway Stapleton and Hollis had heretofore in the Kingdom! and he knew nothing to the contrary, but that he was as well able to govern the Kingdom as either of them; so that in all his discourse nothing more appeareth but his seeking after the Government of King, Parliament, City, and Kingdom; for the effecting whereof, he thought it necessary, and delivereth it as his judgment, that a considerable Party of the chief Citizens of London, and some of every County, be clapt up in Castles and Garisons, for the more quiet and submissive carriage of every place to which they belong. Further saying, that from the rising of the late Tumult in London, there should be an occasion taken to hang the Recorder and Aldermen of London then in the Tower; that the City might see, the more they did stir in opposition, the more they should suffer: adding, That the City must first be made an example. And since that Lieutenant Gen. Cromwel was sent down from the Parliament for the reducing of the Army to their obedience, he hath most frequently in publick and private, delivered these ensuing heads as his Principles, from whence all the foregoing particulars have ensued, being fully confirmed, as I humbly conceive, by his practice in the transaction of his last yeers businesse.
1. That every single man is Judge of just and right, as to the good and ill of a Kingdome.
2. That the Interest of honest men is the Interest of the Kingdom. And those onely are deemed honest men by him, that are conformable to his judgment and practice: Which may appear in many particulars. To instance but one, in the choice of Colonel Rainsborow to be Vice-Admiral; Lieutenant General Cromvvel being asked how he could trust a man whose Interest was so directly opposite to what he had professed, and to one whom he had lately aimed to remove from all places of Trust: He answered, That he had now received particular assurance from Col. Raynsborovv, as great as could be given by man, that he would be conformable to the judgment and discretion of Himself and Commissary Gen. Ireton, for the managing of the whole businesse at Sea.
3. That it is lawfull to passe through any forms of Government, for the accomplishing of his end; and therefore either to purge the Houses, and support the remaining Party by force everlastingly: Or to put a period to them by force, is very lawfull, and sutable to the Interest of honest men.
4. THAT IT IS LAWFUL TO PLAY THE KNAVE WITH A* KNAVE.
These Gentlemen aforesaid in the Army thus principled, and as by many other circumstances may appear, acting accordingly, give too much cause to beleeve, that the successe which may be obtained by the Army (except timely prevented by the wisdom of the Parliament) will be made use of to the destroying of all that Power for which we first engaged, and having (for above these twelve months past) sadly and with much reluctancy observed these severall passages, yet we have some hopes that at length there might be a returning to the obedience of the Parliament; and contrary hereunto, knowing that Resolutions were taken up, that in case the Power of Parliament cannot be gained to countenance their Designes, then to proceed without it; I therefore chose to quit my self of my Command, wherein I have served the Parliament for these five yeers last past, and put my self upon the greatest hazards by discovering these Truths; rather then by hopes of gain with troubled minde, continue an assistant or abbettors of such as give affronts to the Parliament and Kingdom by abusing of their Power and Authority, to carry on their particular Designs. Against whom (in the midst of danger) I shall ever avow the truth of this Narrative: and my self to be a constant, faithfull and obedient Servant to the Parliament of England.
Before these REASONS of Major Huntington’s, just after the end of the foregoing Petition, in pag. 53. should have followed the Copy of another, very pertinent to the illustration of Cromwel’s and his creatures malice at the Liberties of England: But in regard it was forgot, take it here; and it thus followeth.
To the Honorable the chosen and betrusted Knights, Citizens, and Burgesses assembled in PARLIAMENT:
The humble Petition of divers wel-affected Free-born people of England, inhabiting in and about East-Smithfield and Wapping, and other parts adjacent:
THat as this honourable House was chosen by the people to redresse their grievances; so we conceive it our native right to meet together to frame and promote Petitions, for your better information of all such things as are by experience found burthensome and grievous to the Common-wealth, That accordingly this honorable House hath declared, that it ought to receive Petitions, though against things established by Law: That in the use of this our native acknowledged right we (together with Lieutenant Col. John Lilburn, and Mr John Wildman) were met together in East-Smithfield upon the 17 of January last, and discoursed upon these ensuing particulars, viz. Some scrupled the very petitioning this House any more, as a thing from whence (notwithstanding their having hazarded their lives for their Freedoms) they had hitherto received nothing but reproaches and injuries, and were answered (by one of the persons before-named) to this effect. That it was their duty alwayes, and their wisdome, in this juncture of time, to use their utmost diligence to procure the settlement of the Common-wealth; and that warr, famine, and confusion could no other way in probability be prevented. And it was generally concluded, that the most visible interest of the people was, to uphold the Honor of this House, and to preserve it from contempt.
2. There was likewise an occasionall Discourse about the Right of the Lords to the Law-giving power; And herein was debated the danger of such an Arbitrary authority (as that is in its own nature) residing in any persons during life, and much more of its descending as an inheritance from Generation to Generation, and somthing was added from our sad experience of the mischiefs which have ensued hereupon: In particular, it was declared, how their exercise of that claim might be charged in reason with all the precious blood that hath been spilt in the late War, because the King had never had opportunity to Levie an Army against the people and Parliament, if the Lords had not deferred so long after many sollicitations by the Commons to passe the Ordinance for setling the Militia.
3. It was also accidentally wondred at, why LIEUTENANT GENERALL CROMWELL, and COMMISSARY GENERALL IRETON, should now of late urge, That no more addresses should be made to the King, whereas they have formerly pleaded, that he might be brought in even with his Negative voice. Whereupon Lieutenant Colonell Lilburn related a story, That a member of the House of Commons (having information from a credible person, That the King had promised Lieutenant Gen. Cromwell, a blue Ribbond with a George, and the Earldome of Essex, besides other places of honour and profit to his Son, Commissary Gen. Ireton resolved) to become another Felton, rather then to suffer his Countrey to be so betrayed: But the Gentleman being disswaded by Friends, and intelligence hereof being sent to the Lieutenant Generall, a Fast ensued at the Head quarters’, and so he concurred with the House in the late Vote against the King. Neverthelesse, in Mr. Wildmans opinion, he was necessitated into such a Turn, because THE SCOTS having bid HIGHER for the King then he had done, his offer was rejected, and they relyed on.
4. Some consideration was had about proportionable assistances towards the charge of printing our Petitions.
5. It being among other things enquired, whether there were any truth in this rumour, That the Lords had sent to Lieutenant Colonell Lilburne, and offered him 3000 l. to desist in the large Petition now abroad. The Lieutenant Col. answered, That it was a false groundlesse report, and that he knew no occasion for it, unlesse it were because a Lord had sent to him, to tell him, he would send him a token of his love, if he thought it would be accepted. To which he answered, That he would not be engaged to any Patentee Lord, and some other words to that effect.
6. There was a relation made by a person, that some poor people in THE COUNTRY did meet together in Companies, and did violently take away the Corn as it was going to Market, saying that it was their great necessity caused them so to do: whereupon, we fearing lest the calamity might be more generall, did ask how we should best preserve our selves in case of such Tumults, because we bore the names of Round heads, INDEPENDENTS, &c. for adhering to the Parliament? and we satisfyed by Lieutenant Colonel Lilburn to this purpose. Friends, The only way for you to be secured is to promote this Petition to the House, that so when the people come to be enformed (by the Petition) of your reall intentions to the common good of the whole Nation, as well as to your own, you will be thereby safer then those which have blew Ribons in their hats, that being the Generalls Colours, and the moderne badge of Protection.
7. It was lastly delivered as from a good hand, That some LORDS were willing their Law giving power should not descend as an Inheritance to their Posterity, and that they were willing to part with their Priviledge of freedom from arrests.
This being the summe and principall matter of what passed at the aforesaid meeting, as we are ready to attest upon our oaths, if we shall be thereunto called; And understanding that our said dear Friends, Lieutenant Colonel John Lilburn, and Master Iohn Wildman (who are therefore deare to us because they have manifested themselves faithfull to the Publique) stand committed by this House, in relation to the said Meeting as Treasonable and seditious practisers against the State. We cannot but be extreamly troubled, not only in regard of their particular sufferings and our own equall concernment, especially upon the consequence thereof, as tending in a great measure to the disinfranchisement of the Nation, from whom the Liberty of complaining must then be taken away, when most cause is given them to complain.
Wherefore your Petitioners do most humbly pray, That Lieutenant Colonel Lilburn, and Master Iohn Wildman, may be forthwith enlarged, our selves secured, and with the rest of our Countrymen encouraged in a peaceable manner, to make their addresses to this Honorable House, and to render fruitlesse the practises of all such as under any coate shall seek to sow discord between you and yours.
This Petition thus subscribed was (as I remember) delivered to the House of Comons the very same week Master Wildman and my self was first imprisoned as Traytors in reference to the foresaid Petition; but this Petition was to no purpose nor took no effect; which rightly weighed, is a clear demonstration we were not imprisoned for miscarriage in mannaging the Petition, but meerly and barely out of malice and hatred at us for promoting zealously a Petition that tended effectually to the case of the People of their grievances, and make us really Free-men; and therefore from hence &c. And let all unbiased people judge whether Cromewl and his Associates, or my selfe and those he hath nicknamed Levellers, be the real Traytors, disturbers of the peace, and the malicious and wicked hinderers of the Setlers of their Freedoms; but to fill up this sheet and so to conclude, I shall because I often use it, here insert the Charge against the King, which thus followeth,
The CHARGE of the Commons of England, against CHARLES STUART King of England, Of high Treason, and other high Crimes, exhibited to the High Court of Justice, Saturday the 20 of January, 1648.
The Court being sate, and the prisoner at the Barr, M. Cook Solicitor General, spake thus; My Lord, In behalf of the Commons of England, and of all the people thereof, I do accuse Charles Stuart, here present, of High Treason, and high Misdemeanors: And I do, in the name of the Commons of England, desire the Charge may be read unto Him. Which the Clerk then read, as followeth,
THat the said Charls Stuart being* admitted King of England, and therein trusted with a limited Power to govern by, and according to the Laws of the† Land, and not otherwise; And by his Trust, Oath, and Office, being obliged to use the power committed to him For the good and benefit of the People, and for the preservation of their Rights and Liberties: Yet nevertheless, out of a wicked Design, to erect, and uphold in himself an unlimited and tyrannical power, to rule according to his‖ will, and to overthrow the Rights and Liberties of the People; Yea, to take away, and make void the foundations thereof, and of all redress and remedy of misgovernment, which by the fundamental Constitutions of this Kingdom were reserved on the peoples behalf, in the right and power of frequent and successive Parliaments, or Rational meetings in Councel: He the said Charles Stuart, for accomplishing such his Designs, and for the protecting of himself and his adherents, in His and Their wicked practices to the same Ends, hath trayterously and maliciously levied VVar against the present Parliament and the People therein* Represented.
Particularly, upon or about the 13 day of June, in the yeer of our Lord, 1642, at Beverly in the County of York; And upon, or about the 30 day of July in the yeer above said, in the County of the City of York: And upon or about the 24 day of Aug. in the same yeer, at the County of the Town of Nottingham (when, and where he set up his Standard of war;) And also on, or about the 23 day of October, in the same yeer, at Edg-Hill, and Keintonfield, in the County of Warwick: And upon, or about the 13 day of Novemb. in the same yeer, at Brainford, in the County of Middlesex: And upon, or about the 30 day of Aug. in the yeer of our Lord 1643, at Cavesham Bridgneer Reading, in the County of Berks: And upon, or about the 13 day of October, in the yeer last mentioned, at, or neer the City of Glocester: And upon, or about the 13 day of Novemb. in the yeer last mentioned, at Newbery in the County of Berks; And upon, or about the 31 day of July, in the yeer of our Lord 1644, at Cropredy-Bridg in the County of Oxon: And upon, or about the 30 of Septemb. in the yeer last mentioned, at Bodmin, and other places neer adjacent, in the County of Cornwal: And upon, or about the 30 day of Novemb. in the yeer last mentioned, at Newbery aforesaid: And upon, or about the 8 day of June, in the yeer of our Lord, 1645, at the Town of Leicester: And also, upon the 14 day of the same month, in the same yeer, at Naseby-field, in the County of Northampton. At which several times and places, or most of them, and at many other places in this Land, at several other times within the yeers aforementioned; and in the yeer of our Lord, 1646, He the said Charls Stuart, hath caused and procured many thousands of the free people of the Nation to be slain; and by Divisions, Parties, and Insurrections, within this Land, by invasions from forrain parts, endeavoured and procured by Him, and by many other evill ways; and meaner, He the said Charles Stuart, hath not only maintained and carryed on the said War, both by Land and Sea, during the yeeres before mentioned; but also hath renewed, or caused to be renewed, the said War against the Parliament, and good People of this Nation in this present* year 1648, in the Counties of Kent, Essex, Surrey, Sussex, Middlesex, and many other Counties and places in England and Wales, and also by Sea; And particularly, He the said Charles Stuart, hath for that purpose, Given Commissions to his son the Prince and others, whereby, besides multitudes of other persons, many such as were by the Parliament intrusted and imployed for the safety of the Nation; being by him or His Agents, corrupted; to the betraying of their Trust, & revolting from the Parliament, have had intertainment and Commission, for the continuing and renewing of war and hostility, against the said Parliament and People, as aforesaid. By which Cruel and Unnaturall wars by him the said Charles Stuart, levyed continued, and renewed, as aforesaid, much, Innocent blood of the(*) Free-People of this Nation hath been spilt; many Families have been undone, the Publick Treasury wasted & exhausted, Trade obstructed and miserably decayed, vast expence and damage to the Nation incurred, and many parts of the Land spoyled, some of them even to desolation.
And for further prosecution of His said Evill designs, He, the said Charles Stuart, doth still continue His Commissions to the said Prince, and other Rebels and Revolters, both English and Forrainers; and to the Earl of Ormond, and to the Irish Rebels and Revolters, associated with him; from whom further Invasions upon this Land are threatned, upon the procurement, and on the behalf of the said Charles Stuart.
All which wicked designs, Wars, and evill practises of him the said Charles Stuart have been, and are carryed on,* for the advancing and upholding of the personall interest of Will and Power, and pretended Prerogation to Himself and His family, against the Publics Interest, Common Right, Liberty, Justice, and Peace of the People of this Nation, on by, and for whom he was entrusted, as aforesaid.
By all which it appeareth, that He, the said Charles Stuart hath been, and is the Occasioner, Author, and Contriver of the said Unnaturall, Cruel and Bloody Wars, and therein guilty of all the Treasons, Murthers, Rapines, Burnings, Spoiles, Desolations, Damage and Mischief to this Nation, acted or committed in the said wars, or occasioned thereby.
And the said Iohn Cook by Protestation (saving on the behalf of the* People of England, the liberty of Exhibiting at any time bereafter, any other Charge against the said CHARLES STUART; and also of replying to the Answers which the said CHARLES STUART shall make to the Premises, or any of them, or any other Charge, that shall be so exhibited) doth, for the said Treasons and Crimes, on the behalf of the said People of England, Impeach the said Charles Stuart, as a Tyrant, Traytor, Murtherer, and a publick, & Implacable Enemy to the Common-wealth of England: And pray, That the said Charls Stuart, King of England, may be put to answer all and every the Premises, That such Proceedings, Examinations, Tryals, Sentence, and Judgement may be thereupon had, as shall be agreeable to Justice.
T.208 (10.16) John Lilburne, A Preparative to an Hue and Cry (18 August, 1649).↩
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Bibliographical Information
ID NumberT.208 [1649.08.18] (10.16) John Lilburne, A Preparative to an Hue and Cry (18 August, 1649).
Full titleJohn Lilburne, A Preparative to an Hue and Cry after Sir Arthur Haslerig, (A late Member of the FORCIBLY DISSOLVED House of Commons, and now the present wicked, bloody, and tyrannicall Governor of Newcastle upon Tine) For his severall ways attempting to MURDER, and by base plots, conspiracies and false Witnesse to take away the life of Lieutenant Colonel JOHN LILBURN now Prisoner in the Tower of London: As also for his felonious RobSingle illegible lettering the said Lieut Col. JOHN LILBURN of betwixt 24 and 2500 l. by the meer power of his own will, without ever fixing any reall or pretended crime upon the said Lieutenant Col. or so much as affording him any formall proceedings, though upon a paper Petition. IN WHICH ACTION ALONE, he the sSingle illegible letteriSingle illegible letter HASLERIG hath outstript the Earl of STRAFFORD, in traiterously sulverting the fundamentall Liberties of England, and (in time of Peace) exercising an arbitrary and tyrannicall Government, OVER AND ABOVE LAW, and better and more justly deserves to die therefore, then ever the Earl of STRAFFORD did (especially, considering he was one of his Judges, that for such actions condemned him to lose his head as a Traytor) by which tyrannicall actions the said HASLERIG is become a Polecat, a Fox, and a Wolf, (as a subverter and destroyer of humane society) and may and ought to be knockt on the head therefore, by the very words of Solicitor St. JOHN’s own doctrine against the said Earl of Strafford. All which the said Lieutenant Col. JOHN LILBURN hath cleerly and evi|dently evinced in his following Epistle of the 18 of August 1649, to his Uncle GEORGE LILBURN ESQUIRE OF SUN|DERLAND, in the County of Durham.
Isa. 1.14. Your new Moons, and your appointed Feasts my soul hateth: they are a trouble to me, I am weary to bear them.
Vers. 15. And when you spread forth your hands, I will hide mine eyes from you; yea, when you make many prayers, I will not hear: your hands are full of blood.
The Tract contains the following parts:
- Letter to his uncle George Lilburn (18 Aug. 1649)
- Letters of Tho. Verney
- The Humble Remonstrance of Lilburn (4 Sept., 1648)
- An Ordinance of the Lords and Commons Assembled (18 April, 1638)
- Articles of High Treason
Estimated date of publication
18 August, 1649.
Thomason Tracts Catalog informationTT1, p. 763; E. 573. (16.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
Text goes here
Honoured Sir,
YOurs of the a present from Durham, about Sir Arthur Haslerig and my Money, I have received: In answer unto which. I cannot chuse but acquaint you, that the Law of England “is the Birthright and Inheritance of the people of England, yea, of the meanest as well as &illegible; richest: 1 Part Parliaments Book of Declarat. pag. 459. 660. And though the Law of England be not so good, and so exact in every particular, especially manifestly proved; First, that before indictment the goods or other things of any offendor cannot in searched, inventoried, or in any sort seised, nor after judgement seised and removed, or taken away before conviction or Attainder.
“Secondly, That the begging of the goods or state of any delinquent, accused or indicted &illegible; any Treason, felony, or any other offence, before he be convicted and attainted, is utterly unlawfull; because before conviction or attainder, as hath been said, nothing is forfeited to the King, nor grantable by him; and besides it either makes the prosecution against the delinquent more precipitate, violent, and undue, then the quiet and equall proceeding of law and justice would(*) permit, or else by some under hand composition and agreement, stop and hinder the due course of justice, for exemplary punishment of the offender; And lastly, when the Delinquent is begged, it discourageth, both Judge, Juror and Witnesse to do their duty. Therefore (saith he there) let such as beg the delinquent, and prosecute against him be terrified by the villanous judgment against conspirators, which you may read before, cap. 1. Judgment and execution, fol. 222. as also fol. 143. 163. 164. and 1 par. fol. 269. and 2 par. fol. 130. 237, 238. 562. which are most excellent peeces, and well worth the reading. Therefore &illegible; what is before expressed, I cannnot but wonder upon what(*) pretence Sir &illegible; Hosterig, Col. George &illegible; and the rest of their Committee at Newcastle, can seize upon my estate in the hands of Sir Henry &illegible; and Master Thomas Bowes, and stopping my rents &illegible; Sir Henry Gibs his hands, to the full value of betwixt twenty four and twenty five hundred pounds.
For first, though the late Parliament in the height of wars, a little outstript the bounds and rules of the law, as themselves confesse in their &illegible; Declaration of the 17 of Apr. 1646. printed in the 2 part of the Book of Declarations, pag. 879 in sequestring of mens estates, in another manner and forme the law requires delinquents estates to be seised upon, because their persons by reason of the raging of the sword could not be come by, nor were all the Courts of Justice open, not the wants of the common-wealth to maintaine the wars, could not well permit so great delays, as the regular course of the law requires, which when the wars are ever (as in England now they are) they promise to amend and “to proceed according to the forme of the law, as fully appeares in their last forementioned Declaration, add severall others, as particularly the Declaration of this present Juncto against Kingship, Dated the 17 of March 1648.
Yet I am sure by the Parliaments own Ordinances, “no man in times of wars ought to be sequesterd, till it be Judicially upon Oath proved, that he hath been in arms against them, all voluntarily contributed horse, mony or plate to the King against them; none of all which in the least can be so much as be pretended against me, or ever was; and therefore no cause to pretend to deal with me, as with a Cavalier &illegible; in the least; and therefore if I have transgressed, I must upon their own principles, be deale with according to law and the forme thereof; And therefore I have not transgressed the law, but on an innocent man clearly appears by their own particular dealing with me, in that they never let me see, either Prosecutor, Informer or &illegible; against me, nor never shewed me my Indictment, Charge or impeachment, no nor so much as face to face ever laid any manner of crime to my charge; See my narrative of their originall wicked Tyrannicall dealing with me, laid down in my Second Edition of the picture of the Councel of State in the 36 pag. of which, the Copy of their mittimus is recorded, which yet layes no(*) crime to my charge, for it only commits me (Sir Arthur being one of the makers of it) for &illegible; of treason, and names no particular act, and generals in law are nothing as appears in 2 par. instit. fol. 52. 53. 590. 591. 615. 616. and by the 1 par. Parl. book of Dec. pa. 38. 39. 77. 66. 67. 101. 123. 162. 201. 203. 277. 278. 845. see also the Armies Book of Declarations, pag. 70. and my Plea before the Judges of the Kings Bench the 8 of May 1648. called the Laws funerall pag. 8. 16, 17. 11. At which tryal by strength of arguments, I forced the Judges openly to confesse, that generals are nothing in law; see also the &illegible; Edition of my Book of the 8 of June &illegible; Intituled, The legall fundamentall liberties of the people of England, revived, asserted and vindicated, pag. 5. 21. all which rightly considered, it cleerly appears, I am an innocent man, in the eyes of those very men that committed me, who never laid crimes in their lives to my charge to this present house; And therefore I can stile it no better then Robbery and Felony in Sir Arthur Haslering, Colonel George Fenwicke, &c, seizing upon my estate with a Felonious intent, to deprive me of it, without any pretence, shadow or colour of law, 2nd not only felony, but Treason it selfe in subverting our fundamentall lawes, higher then ever the Earle of Straffords was, for which he lost his head, who in his large additionall Impeachment, 1640. in the preamble of it, recorded in &illegible; and passages of Parliament pag. 120. 121. 122. to 143. is impeached as a Traitor, for precaring instructions or commission from the King, to him in the North of England, as Lord President to heart and determine causes, according to the arbitrary cause of the Star Chamber, in &illegible; of which he the said Earl in the month of May in the 8 &illegible; of the said King, and divers years following did &illegible; in practice the &illegible; Commission and Instructions, and did direct and exercise, an &illegible; and unlawfull power and jurisdiction, on the persons and estates of his Majesties subjects in those parts, and did &illegible; divers of his Majesties subjects in those parts, of their inheritances, &illegible; their possessions, and did sine, &illegible; some, &illegible; and imprison them and caused them to be fined, &illegible; punished and imprisoned, to their &illegible; and destruction, and namely, Sir Conyer &illegible;, Sir Iohn &illegible; and divers &illegible; against the lawes, and in subversion of the same; and that by virtue of the said illegall Commossion he did &illegible; Traiterously stop the efficacy of all prohibitions, and &illegible; &illegible; and would no suffer any party to be discharged, till the party performed the Arbitrary &illegible; and &illegible; of him and his associates; and &illegible; to the subversion of the fundamentall laws of ENGLAND, and to the &illegible; of those that administred them; did the 21 of March in the &illegible; 13 yeere at the open &illegible; at Yorke say, that some of the Justices were all for Law, but &illegible; &illegible; finde that the King little finger, should be &illegible; then the &illegible; of the Law; but the said &illegible; ARTHUR HASLERIG, &c. more arbitrarily and more trayterously then Strafford, having no &illegible; of REGAL, Legall or Parliamentary-Commission or authority (no &illegible; so much has from the present nothing or illegall JUNCTO, or the present illegall thing called The &illegible; of state, that ever he produced or shewed) both &illegible; and &illegible; &illegible; upon my estate, meerly by his own will and of set purpose, to &illegible; me and my family thereby, without any manner of colourable pretence, and therefore aboundantly &illegible; in law and reason more deserve to dye then the Earl of STRAFFORD did, especially considering he was one of his Judges, this in &illegible; and example to others seriously and judiciously condemned him to the Scaffold for these very things; and this Arbitrary Power exercised in England by the Earle of Strafford, is not only condemned & judged(*) Treason, but also the like in Ireland, is appears in the 3 article of his Impeachment; for that (as the article saith) it was governed by the same Lawes, where the Earle being Lord Deputy, and intending the subversion of the fundamentall lawes there, did upon the 30 day of Seprem. in the &illegible; year of the late King, in a publick Speech at Dublin, declare and publish that Ireland,(*) was a conquered Nation (and so say &illegible; great ones here England now &illegible;) and that the King might do with it what he pleased, (as Oliver &c. say they may do with &illegible;) And &illegible; this 4 Article he is impeached as a “Traytor, for arbitrarily stopping and prohibiting Richard Earl of Corke the benefit of the Law, for recovery of his &illegible; from which he was put by colour of an Order made by the said Earl of Strafford, and the Councel Table there, whom upon the 20 of Feb. in the 11 yeare of the late King, upon a paper petition, without a legall proceeding, he threatned to imprison him unlesse he would surceae his suit, and said, that he would have neither Law nor Lawyers &illegible; or question any of his Orders, and further said he would make the the Earl and all Ireland know so long as he had the government there; any act of State there made, or to be made, should be as binding to the subjects of that Kingdom, &illegible; an act of Parliament, and upon sundry other occasion (&illegible; &illegible; &illegible;) by his words and speeches, did &illegible; to himselfe a power above the fundamentall Lawes, and established governmen of that Kingdom, and scorned the said Laws and established government.
And in Article 6. he is impeached as a Traitor, “in that without any legall proceedings, and upon a paper petition of Richard Ralstone, he did cause the said Lord Moam &illegible; to be disseiled, and put out of possession (as the Trustees for Bishops Lands hath lately, but more unjustly, done my self and my Landlord* Devenish at &illegible; house) of his free-hold and inheritance of his Manor of TYMORE in the County of ARMAGH, after he had two yeers quiet possession. In the 7 and 8 Articles of which, are severall other cases of the like nature; as of Thomas Lord Dillons, Adam Viscount Losius and George Earl of Kildere, and the Lady Mary Hibhors; which eighth Article concludeth in these words, That the Earl in like manner did imprison divers others of his Majesties subjects upon pretence of disobedience to his Orders, Decrees, and other illegall commands by him made for pretended Debts, titles of Lands, and other causes, in an arbitrary and extrajudiciall course upon paper Petitions to him preferred, and no other cause legally depending. For aggravation of whose offences, in treasonably subverting the fundamentall Laws and Liberties of England and Ireland, read the Masculine speech of Mr. John Pyn against him, and the Argument of Solicitor S. John (now the pretended Lord chief Justice of the Common Pleas) against him, who toward the last end of his argument, by way of aggravation of Strafords crime in setting up an arbitrary Government, in the ever throw of the Law, saith,
The Parliament is the representation of the whole Kingdom, wherein the King as Head, your Lordilups as the more noble, and the Commons the other members are knit together in one body politick; this crime of Straffords dissolves the arteries and ligaments that hold the body together (viz.) the Lawes: he that takes away the Laws, takes not away the allegeance of one subject alone, but of the whole kingdom.
It was (saith he) made treason by the Stature of the 13 Eliz, for her time, to affirm, That the Laws of the Land do not binde the descent of the Crown; No Law, no descent at all. No Laws, no PEERAGE, no ranks or degrees of men; the same condition to all.
Its Treason to kill a Judge upon the Bench: “This kils not only the Judge, but the Judgment.
Its Edony to imbezell any one of the judiciall Records of the Kingdom: ‘This at once sweeps them all away, and from all.
Its treason to counterfeit a twenty shillings Piece: “Here’s a counterfeiting of the Law; we can neither call the counterfeit nor true Coin our own.
Its Treason to counterfeit the Great Seal for an Acre of Land: “No property hereby is left to any|| land at all. Nothing Treason now, neither against King, NOR KINGDOM, no Law to punish it. And therefore he concludes, in aggravation against Stratford, or any thing by way of Plea, advantage or excuse that can be said for him; “He that would not have others to have Law, why should he have any himself? “why should not that be done to him, that himself would have done to others?
Its true, (saith he) “We give law to Hares and Deers, because they be beasts of chase: but it was never accounted cruelty or foul play TO KNOCK FOXES AND WOLVES ON THE HEAD AS THEY CAN BE FOUND, because these be beasts of prey. Out of those own mouth (saith Christ) thou wicked servant, will I judge thee Luke 19 21. And saith Paul, Tit. 1. 12. 13. One of themselves, even one of their own prophets said, The Cretians are alwayes Lyars, evill Beasts, slow &illegible;. This witnesse is true. Therefore, I desire Sir ARTHUR HASLERIG to consider, that if he deserves death that steals a sheep or an ox, &c. because it is a transgression of a Law, (which Law, I say, in it self is unjust, for putting men to death for theft) what doth he deserve that breaks not only that Law by theft, (as he hath done in stealing my goods) I but breaks all the Laws of humane society, by murder, plots and conspiracies to take away the innocents lives? all which he hath done to me;
First, By endavouring to murder me by cruell and illegall imprisonment, and close and barbarous imprisonment; for he was one of my unjust Judges, that for nothing committed me.
Secondly, By conspiracy(**) to take away my life which is manifested by his indeavouring (in an extraordinary manner) by bribes to hire false witnes against me (as “his mother Jezabel did against innocent Naboth for his vineyard) to take away my life, and when the party would not consent to his wicked and damnable conspiracy, hee &c. hath caused him to bee most horribly whipped with fears and hundreds of stripes, by running the Gantlop from S. iores almost to Charing crosse although he was no Souldier, without so much as ever convicting him of any crime, yea or so much as ever bringing him before, either pretended Marshall or civill judicature, but meerly did it in a higher, Arbitrary, “tyrannicall, traiterly manner, then ever the Earl of Stresford acting any of his treasons, for which be lost his head; all which the said Haslerig and his Associats hath most barbarously acted and done with, and upon the body of Mr. William Blanke of Colemanttree: London, as he himself in Print notably declares, whose remarkable Narrative is already printed in Mercurius Mistrarls, numb. 3. which thus followeth.
William May of the Generals Regiment of Horse, and I being School fellows, he came unto me Febr. 17. and asked me if I and my Master were friends ver. and I told him no; then said he unto me, if you will be at Whitehail to morrow, I will help you to a place of credence; at which time I was there according to his appointment, and when I had spoken with him there, he had me into a Chamber where were many Officers of the Army, as also Captain Story. Mr. Lovender, Mr. John Goadwin, Mr. John Price, and Mr. &illegible; Shoomaker, where they offered to me and nine more an Oath of Socrecie, which is as followeth:
YOu shall swear by the four Evangelists, and by all things contained therein, that you shall faithfully discover all such English Delinquerts as are &illegible; shall be there, and this is any of the four Commissioners; So God you help. And they offered us 10 s. advance, and 40 s. the month to be paid by the four Commissioners, whose names are Andreus, &illegible; Mountain, Attent, and eight did take this Oath, but I and one William Hill in Col. &illegible; Company did refuse it; ‘After which, the said William May did promise me to help me to be Barber to Colonel John Hewson, of which service of mine he did accept, Febr. 20. 1647. For which Col. John Hewson did promise me 14 s. weekly and I after some weeks asking him for money was by him put off; and being in great want for money at a time when I was trimming Lieutenant Generall Cromwell, I made my complaint unto him, and he promised to see me paid.
And Sir Arthur &illegible; did often tell me, but especially on Munday April 23. that unlesse Lilburn and &illegible; were taken off, they could not bring about their design: for (said he) they are great Politicians, and if they live we cannot carry on our design; for they are Obstacles in our way; but (said he) if they were taken off, then we should carry on our design: And further he said unto me, pry into their actions so far as you can, and make discovery unto us what they act, and who are chief Agents for them at the meeting at the Whalthene in &illegible; and (said he) if they will imploy you in any negotiations of theirs refuse it not, but make discovery thereof unto us, and be sure (said he) to learn the depth of their consultations, and if at any time (said he) you should be taken with the rest of the Faction in your meetings yet I promise you, you shall be for a while kept in prison, but you shall be released under hand, and we will say that you made friends, or that you broke prison, so that you shall be clear, and shall be satisfied for all your expence that you are at herein. And further he said unto me, that if I would swear, or undertake to produce evidences that the forementioned men were privy to the consaltations of the Kings party, that then it should be sufficient(**) against them, and I should be pleased, and they would consider my trouble hereof. And at the same time I told him, I had an Order from the Lieut. Generall Cromwell for my Master James’ Cocley to pay unto my Father 40 l. but he refused it; he desired of me to see the Order which I did shew unto him; and he said, That when this was done, then he himself would see my Master pay the said sum of 40 l. to my Father: ‘And further he said unto me, meet me to morrow in St. Jamses Park, which I did April 24. and then he carried me into the garden of Saint James, and when he had locked the door, he with Commissary Generall Ireton asked me, if I knew Mr. Alinary, Bubal, Hartley James Edington, John Arrowsmith, Thomas Robbinson, and I made Answer yes; then said they unto me, Be here in the afternoon walking; at which place I did meet: And shortly after Sir Arthur Haslerig, with Colonel Pride, and one Captain Pretty came unto me and had me up to Commissary Generall Ireton, at which time Sir Arthur Haslerig and Commissary Generall Ireton did desire of me to consent that my name might be inserted in the Warrant for to seize upon my body, as Prisoner with the cest that are specified in the said Warrant; for said Ireton, you must be with the rest seized upon as Prisoner unto us, or otherwise you will be suspected; but said he and Haslerig, it shall not at all prove hurtful unto you, for you shal go only under the notion of a Prisoner unto us; upon which promise of theirs, I consented that my name should be inserted in the Warrant, which was to this effect as followeth.
‘These are to will and authorize you to seize upon the bodies of William Blanke, junior, George Armander, William Senhall, Iohn Arrowsmith, James Edington, and these you are to being unto &illegible; to be examined upon a present dangerous design against the Parliament, City, Kingdom and Army.
Given under my Hand at S. Jamses this &illegible; of Aprill, 1649.
Henry Ireton.
Forthwith there was commanded a guard of Muskettiers to goe with me for the apprehending of the aforesaid men, which was done accordingly; and about twelve a clock at night was brought to S. Jamses before Commis. Gen. Ireton, Sir Arthur Haslerig. Col. Pride, &illegible; Pretty. Lieut. Col. Moson, (who examined them upon questions of the busines aforesaid). ‘Sir Arthur Haslerig and Commis. Generall Ireton would have had me to witness against them, which I denied, for in the thing I had no knowledge, upon which they were forthwith released; and Sir Arthur &illegible; then after told me by my self, except I would confesse these Papers to be mine I should be Prisoner, the which I denying was committed Prisoner, Aprill 25. 1649. and was continued in prison untill the 27. of Aprill 1649 untill 9. in the morning; ‘And about what time I was then brought to the place commonly called Pelmel, or neer thereunto, and there was forced to run the Gauntlet for no other cause that I know of but for denying to swear against them, Mr John Lilburn, and Mr. Walwin, and my refusing to get any to swear against them, as Sir Arthur Haslerig would have had me have done, and likewise that I did not witnesse against the forementioned Gentlemen, and likewise for refusing to take their Oaths.
Aprill 30. 1649.
Thirdly, Haslerig and &illegible; &c. by false witness by Blanks means could not effect the taking away of my life; then do they or one of them imploy(a) one &illegible; a quenlam Cavalier, and give him a Commission to plot and contrive yea (and justifie him therein) the taking away my life, as appears by his following Letters.
Sir
SInce my arrivall in England, I have endeavoured to finde out the severall constitutions and dispositions of men, and I perceive the major part of those I have discoursed with all, are led more by their own fancies then reason; I am very much troubled to see how stringely things are carried, “finding the Subject not at all eased or freed from oppression: I pray informe me in any one particular thing, wherein England hath received any benefit since the warre began? “Oh this is a blessed reformation! Those Books of yours which I have lately seen doth handsomely lash them; I am joyfull to hear that we have some true English-men left that will stand for our Liberties and just Rights. My earnest desire is to engage with such a party, and to joyne with you and your friends in one and the same thing, and to steer my course by your compasse, and I shall (to the utmost of my ability) further your designe in any thing, though it be with the hazard of my life, which I should willingly &illegible; for my Countries Liberty: To the same intent and purpose I make my addresses to your selfe, &illegible; you to be the chiefest of those (who are in a scornfull way by your and the common-wealths Enemies) branded with the name of Levellers. I never yet regarded much the malice of my enemies: I beleeve the like in you; therefore I am the more incouraged to joyne with such: Excuse I beseech you for my liberall and true hearted(*) expressions by way of writing; It is a custome that I am used to, & cannot on a sudden leave it. “I shall at any place or hour give a meeting to any of your friends to discourse further of it, and then you will finde my complyance with you will be very acceptable, for I love to advance and further all honest, lawfull and christian like actions. But I fear (unlesse you act more privately then you have formerly done) that all will come to nought, for yesterday I accidentally heard of some that were employed in the Country to act for you, were taken and carried Prisoners to Oxford by some of Colonel Scroopes(*) Regiment, the truth of this Report I cannot much aver, but I received my intelligence from a very credible hand; If it should be so, you must be the more cautious hereafter, otherwise you will wilfully give up your lives as a prey to your enemies. “I cannot as yet say we, because I know not as yet whether I shall be received as a friend amongst you or no. I can assure you my friendship shall very much advance your businesse, for I shall engage many friends in Buckinghamshire (it being my Native Country) with me, I am confident to gayne the strongest party in that Country in spight of Fare. And as for Oxfordshire, Barkeshire, and some part in Hertfordshire, I can (by reason of my many friends) “ingage a considerable party in all those Countries, and prevail with others (that love to sleep in a whole skinne) to be as Neuters. This I beeleeve deserves thinkes: “But I can further advance your businesse in a more considerable way, if I finde you have good and faithfull Councellors about you, and that you have Gentlemen that are well beloved, and well esteemed in their Countryes, “that can on a sudden (as I shall do) bring three or four thousand men into the field to back him that should doe you service. If you can do so I shall make another provision to you, “which is to gaine the City of Oxford for you, which you may conceive will be very difficult to do, and many more that do not know me. “But by my means I shall worke with my friends within the Towne as well as those without, I am almost confident of gaining it. Then shall we be in a condition to furnish our selves with Armes, and have a place of retreat upon any occasion; And untill such a thing be done, it will not be wisdome in any publickly to appear; You will conclude the like, or any rationall man, therefore my request to you is, that you would seriously weigh and take into your consideration this my Letter, “and returne me your absolute answer by my Porter. But if I should be so foolish as accidentally to speak a word or so, he is so honest that it passeth no further, the experience I have had of him assureth me as much. Moreover if you should require a longer time in returning me an answer of what I desire “my lodging is in Aldersgate street in Trinity Court at one Master Edward Pearse his house hard by Aldersgate, therefore whom you are pleased to send to me, may there finde me. But in these dangerous times we cannot be too cautious in our Company, therefore unlesse I am well a assured “that they that shall treat with mee in your behalfe, come really from you; I shall be very sparing in unfolding my minde, “therefore I pray send me a token in writing by my Porter, that be which shall come to me as from you, may deliver me the same token, then shall I not be sparing to let him know my resolution. I dare not come to the Tower least there should be notice taken(*) of me. Thus have I in part made a discovery of my mind unto you (though to you not very well known) I am the more sorry for it; For seriously all the acquaintance that ever I had with you, was in the Tower, where I had the happinesse three or foure times to bee in your company, in my honored friend Sir Iohn Maynard his Chamber. I know not whether you may call me to mind or no, but really you will finde a most trusty secret and a most obliging friend and servant of
May thee 8th. 1648.
Tho. Verney.
But returning a considering answer to this, judging the Author at the first view a Knave, I enquired of a Presbiterian friend of Sir Iohn Maynards, whether he knew the man or no, who told me that a &illegible; fellow prisoner of mine had lately sent word out of the Low-Countries that this man was employed by those of Durby-House, to lay a Trap “to ship the Prince and send him over unto them to England to destroy him; but the next day being made a kinde of a close prisoner by the restraint of my friends and inhabitants of the Tower upon my stayers stopt the originall of these following lines in my hand.
Sir,
MY Porter was at the Tower this morning, thinking to have admittance in, but they would not suffer him; which hath much troubled me: but being well acquainted with this Gentleman one of the Coyners in the Tower, I have prevailed with him to deliver you this Note, beserching you to returne me an answer of the former in writing, (*)sealed up, and this my friend will see that it shall &illegible; safe to my hand; I pray use meanes to burn &illegible; Letter, &illegible; I &illegible; &illegible; yours for seare of the worst, and you shall extreamly oblige a most faithfull Servitor of
May 9th. 1649.
Tho. Verney.
Upon receipt of this I was more confirm’d in my own mind he was a Cheat, but having not absolute proofs of my thoughts, I judg’d it the most safe way for me to sit still and return no written answer, nor yet much reveal him: So within two dayes after he sent me a third Letter, the Copy of which thus followeth.
SIr by a Monyers meanes I gate leave to come in, thinking to have had the good fortune to have had an hours discourse with you, “but I found I could not obtaine my desire with safety either for you or my selfe; upon that I departed, and leaving you this note, by the which you may the better know of my willingnes to engage with you, assuring you that my friendship shall be advantageous. My desire is to receive a full answer of my first Letter, which I sent by my Porter Rit. Vaughan whose name you have taken. If then inke and paper be kept from you, I am confident as yet your speech is not nor I hope will not; therfore you may desire a friend (whom you have a good confidence of) to &illegible; with me in your behalfe, and I doubt not but to give him satisfaction, to your and the Common-wealths good content. But as I told you in my first letter, so I do in this, which is, that unlesse “I can receive a certaine token from you, that you really send him I shall be very sparing in my discourse. Yesterday morning I received a Letter from one Master William Parkins, whom I do not all know, and in that he advertized me, “that he was desired by your self to signifie unto me that it was your desire to have me speedily to repair into Buckingham-shire to engage my friends in your behalfe, and how that he was going &illegible; himselfe. If that be true, I pray use a speedy meanes add let me know asmuch, and let me but receive a Letter from you to any one of quality in that County that is of your party that we may advise together, and you will finde that you have a most faithfull Servant of
11 of May, 1649.
Tho. Verney.
This M. Parkins specified in his Letter, that I should finde him at the George at Ailsbury, where your friends and my self should meet and advise about ingaging the Country. IF I AM BETRAYD, I pray let me know the truth from you.
Upon the receipt of which third Letter, I was absolutely of opinion, he was a perfect Knave and &illegible; and especially by reason of the afore mentioned Parkins, who to my knowledge, is a Man I never saw nor heard of before. But with the Letter I received a Message,
That at such a house in the Tower, there was a Gentleman must needs speak with me about earnest businesse; which I presently judged to be the fore-mentioned Thomas Verney: and as I was going to him, I met accidentally a Gentleman formerly of the Kings party, and enquired of him if he knew one M. Tho. Verney a Knights Son or no: And he told me, “that a Knight of the Kings party had lately told him, that Sir Edward Verney the Kings Standard-bearer had a son lately come from the Hague, which was looked upon to be a very odd, strange, light kinde of fellow; but yet to the Cavaliers pretended to be some kind of Agent from the Prince. Whereupon I told the Gentleman the grounds and reasons wherefore I asked him. But this Reply increased more jealousie in me, that this Verney was a perfect Rogue indeed: and so to Verney himself I went; who upon discourse told me, he had formerly five yeers agoe been of the Kings party, and “that his Father was slain at Edg-hill, being the Kings Standard-bearer. So I told him, I had read three Letters from him, which he confessed he had sent to me. But I also told him (having Mr. Walwyn and Mr. Overton with me) “I wondred how he &illegible; it write such lines to me as he did: But he asked, wherefore? I told him, “Because he was a meer stranger unto me; and there were such lines, as if were he not one of DERBY-HOUSE Agents, might cost him his life. But he said, he knew me to be so honest I durst do him no mischief: And for being one of Derby-House Agents, he as much abhorred them as I did: and I wonder, said he, I having been in Arms for the King how you should imagine they would be so silly to trust me with any of their secrets; which they must do it I were their Agent. “Sir (said I) It is no wonder that wicked men make use of any instruments to accomplish their base ends; and you having been for the King, are the more likely to deceive other men, and the more unsuspected to &illegible; their ends: and money, we all know, is so tempting a thing, that it will make men of &illegible; spirits change their principles; yet, though it be to the destruction of their &illegible; and nighest Relations: and why you may not be such a one, I have too plain demonstrations to beleeve. And for that part of the irrationability of their trusting you, having been a &illegible; “Why may they not as well trust and imploy you as their Agent, as Person KEM, who now is their active and hired Agent, as from very good &illegible; I fully know: although its notorious he was an active man last yeer in the rebellion of Kent, and a notable Agent in the revolt of the Ships. But Sir, to be plain with you, I tell you, You are a &illegible; Knave, and I could finde in my heart to lay hold on you for a knave, and carry you presently before the Lieutenant of the Tower with your own Letters. And that you are a Knave. I have these informations to beleeve: “You were lately at the Hague at the Princes Court (which he confessed) and there you were imploved by some belonging to the Committee of Derby-House, to lay a designe to get the PRINCE a ship-board, and send him for England to lose his head: And this was sent over by some exiled Presbyter Gentleman to his friends in London. A Citizen of London and a Colonel told me this the other day: and a Gentlemen Cavalier &illegible; me beware of you for a Knave: At which the Gentleman (with the impudentest face and undaunted countenance that I have seen) denyed all; but “confessed he knew Parson KEM, and did beleeve him to be a Derby House Agent; and meeting with him the other day in Westminster Hall, he did confesse that Kem told him, Men reported asmuch of him as I now told him to his face. But with his much reasoning with my self, Mr. Walwyn, and Mr. Overton (who went on purpose with me to him, as seating he came either to stab or poyson me in a cup of wine, or the like,) he justified his integritie; hoping I would not so violate the Rules of societie and man-hood, as to betray him, and so undo him and his friends, especially my friend Sir John Maynard, who he often pretended, was bound in gread bonds for him, before he could get his liberty, and to this day so continued. So telling him his own to the purpose, I left him for a Knave; although Mr. Walwyn especially pressed hard to have him laid hold of: But being desirous yet to trace him a little further, for many reasons I can give, I let him alone. But yet, for my own safety, the next day before all my three fellow-Prisoners, I fully informed, the Lieutenant of the Tower of the businesse, before an Officer of the Army then Captain of the Guard, and desired him to acquaint the Committee of State with that, for I had the Letters and told him I would I produce and avouch them; and another time the Lieutenant of the Tower (since I was close) being in my Chamber I told him again of it, and proffered him the Originall Letters which he seemed not willing to meddle with, so I have rested since till the 29 of June last; upon which day I wrote a Letter to Master Hunt of Whitehall, and sent him an exact Copie of &illegible; foregoing Letters, and my foregoing Observations upon them, which Letter of Mr. Hunts I intreat you seriously to read in p. 8 of my &illegible; of High Treason against Oliver Cromwell &c.
And not many daies after, Captain Denly Serjeant at Armes to the thing called the Councel of State, came with a pretended Warrant to search my Chamber, by whose hands (for a token I sent an Exact Copie (of all I had sent to Master Hunt of Verneys) to his Master Mr. John Bradshaw &c. which although I have long since, as before you see, again and again acquainted Bradshaw and other of &illegible; Associates with VERNEYS Letters, &c. Yet the said VERNEY continues as great with Bradshaw and others, at the thing called the COUNCIL OF STATE to this very day, as if he were their ALPHA and OMEGA, which is a clear proof of their designingly setting him at &illegible; whom they a little before sent out by expresse Commission in a Man of War to &illegible; where at his coming to the &illegible; he had presently (as groundedly it is said) got &illegible; nothing like a Commission from the Prince: but being at his Court discovered for a Traytor to him, he in haste took his leave there; and at his departure shook hand with and quartance of his, a &illegible; him farewell, he was in haste, for he was &illegible; So coming into England, &illegible; &c. having tempted by offered bribes the foresaid honest &illegible; &illegible; to swear &illegible; against me, he and Bradshaw, or other of their brethren in evill, commissionared the said villanous Thomas Verney to write Letters to me, the which, if under my hand I had answered, or sent a friend, is he desired, to treat with him; then might they &illegible; have searched his chamber, and there found some kind of Commission from the Prince to the said Verney, to authorise him to be his Agent in England. For which Verney might have been in some seeming danger, and pretendingly to &illegible; himself, might have produced my Letter, and also swore, according to the largeness of his conscience, what he had pleased against me; which might have been look’d upon by &illegible; and Bradshaw &c. as crime enough to have hanged me up will &illegible; any more &illegible; for &illegible; with their declared Traytor the PRINCE, seeing they could not (as they earnestly desired) murder me any other way: and this act of Verney’s should have, to the eyes of the world, been &illegible; enough to have saved Verney’s life, and also precured him his liberty from his Lords and Masters Haslerig and Bradshaw &c. who for his traiterous and good services done them, protect him against all the complaints of cheating, perjury, forgery, and all manner of knavery that my intelligence tels on daily is brought in against him. Which Verny, a few dayes ago (as I am from extraordinary good hands informed) had the impudence, for all the high complaints against him, to petition (or otherwise to sue for) an annuall Pension for his good services done them, in forsaking his Interest in the PRINCE, and adhering to Them in any thing they put him upon (though &illegible; so wicked)
Fourthly, Haslerigs design in endeavouring to murther me is not only evident, in his Associate imprisoning me for nothing, and so robbing me of my trade and credit, but also in close imprisoning me from the society of all my friends, and denying me the just and legall allowance due to me in my case and condition, (not one penny of which I have received to this day) but &illegible; to taking away compleatly betwixt 24 and 2500 l. that so I may not have a penny &illegible; to buy me &illegible; &illegible; family a bit of bread.
But to &illegible; I would fain have HASLERIG to ‘consider seriously from his friend S. Johns words, and the rest foregoing what he deserves, that not only by these or murther breaks one of the Laws of England, but endeavours to destroy, and actually plucks up by the &illegible; the whole Fabrick of the Laws of England? and so destroyes HUMANE SOCIETY, by bringing all things into the originall Chaos of confusion, and when he hath so done doubly and trebly, protects and secures himself by force of the sand and other tyrannicall Priviledges, from all manner of Process of Law or &illegible; &illegible; he deserves whereever he be found, to be dealt with as Felton did with the &illegible; of &illegible; which for my part I protest seriously, I judge to be more juster both &illegible; God and man a thousand times over, then Haslerigs dealing with me, and the &illegible; and ultimate refuge and remedie that all such men have in such cases, and a thousand &illegible; more just then for a man to murder himself by &illegible; in silence, by such &illegible; oppressive and tyrannicall &illegible; with him. And if Strafford upon S. John &illegible; principles were A FOX and A WOLF for arbitrarily &illegible; the Law, and taking &illegible; &illegible; and estates &illegible; proceedings upon Paper &illegible; then &illegible; &illegible; &illegible; a FOX and a WOLF in &illegible; &illegible; the Law, and taking &illegible; &illegible; with &illegible; much as any proceedings at all, or any Paper &illegible; against me, &illegible; &illegible; so much as receiving and producing any pretended Commission from any Legall, or pretended Magistracy so to doe.
And &illegible; &illegible; rom S. Johns and his own grounds may as a POLCAT, &illegible; FOX and a WOLF, yea and as a Destroyer of these &illegible; of &illegible; and &illegible; &illegible; the(**) head where ever &illegible; &illegible; &illegible; &illegible; &illegible; which &illegible; before much time may be &illegible; may be for his &illegible; and that &illegible; &illegible; both &illegible; God and man, ‘seeing no law in the world &illegible; be &illegible; against him in the least, or take hold of him: And therefore as in a Speech made, one thousand six hundred and forty it is said against the Ship-money &illegible; Speeches and passages of Parliament page 275. Much &illegible; &illegible; may I say now, when &illegible; Liberties are &illegible; &illegible; Fundamentall Laws abrogated, our Modern &illegible; already &illegible; the &illegible; of our Estates alienated, nothing left us we can call our own, but our misery and our patience, if ever any Nation might justifiably, this certainly may &illegible; now most properly, most seasonably, cry out, and cry aloud, VEL SACRA REGNAT JUSTITIA, VEL RUAT CÆLUM, that is, Either let the &illegible; fall, or let Sacred Justice reign. But if he should deny that that which at Newcastle he hath seized upon is none of mine, I prove my Legall right thus.
1. Admit I had in the eye of the law illegally come by it, yet being in possession of it, he hath no pretence in the world to dispossess me of it, of his owne head, and by his own will; but 2ly I answer that against the law of equity, reason and Justice, yea, and the law of England. “I was in the year 1637. 1638. 1639. 1640. most illegally and tyrannically dealt with by the High Commission, Councel-Board and Star-Chamber; by Doctor Guinne, Doctor Lambe, Doctor Alit, and the Lord Keeper Coventry, Lord Privy Seal Manchester Lord Newberg, Old Sir Henry Vane, Lord Chief Justice Bramston, and Judge Jones; And by the Arch-Bishop of Canterbury, Lord Keeper againe, Lord Treasurer Bishop of London, Lord Privy, Seal again, Earl of Arundel, Earl of Salisbury, Lord Cottington, Secretary Cook and Secretary Windebank and the Warden of the Fleet, who &illegible; me upon the &illegible; without order in writing: Of which, the 3. of Novemb. &illegible; being the first day the late dissolved Parliament fare, I according to Law and Justice &illegible; my Petition and Complaint to to them; who upon the reading of my &illegible; on, immediately ordered &illegible; my &illegible; being, as I remember, the first &illegible; in England set at liberty by them] to follow my &illegible; and according to the legall &illegible; of Parliaments make it &illegible; by proof before a select Committee appointed by them to that purpose, Mr. &illegible; Rouse having the &illegible; before whom many particular dayes one after and the. I appeared with my Councel [being Mr. Robert &illegible; brother to Mr. &illegible; &illegible; now Member of the &illegible; &illegible; or pretended House of Commons and my Witnesses, and fully proved all my Petition. Upon the report of all which by Mr. &illegible; the Chairman, the House of Commons the fourth of May &illegible; [being the very same day that the King himself caused me to be arraigned for high Treason at the &illegible; of the House of Peers] voted and resolved upon the Question,
“That the Sentence of Star-chamber given against John Lilburn is illegall, and against the libertie of the Subject, and also &illegible; &illegible; &illegible; barbarous, and tyrannicall.
Resolved upon the Question. “That reparations ought to be given to M. Lilburn for his imprisonment, sufferings, and &illegible; &illegible; by that illegall sentence.
Ordered, “That the Committee shall prepare this case of Mr &illegible; to be transmitted to the Lords, with &illegible; other of Dr. &illegible; Doctor &illegible; Mr &illegible; and Mr. Pryn.
H. &illegible; &illegible; Parl. Dem. Cem.
After which Votes (being in a full, free, &illegible; or &illegible; legall, and unquestionable Parliament (after a full, open, free* and &illegible; hearing, and examining of all my foresaid sufferings and complaints) troubles and the warres came on, and being in my own conscience, fully satisfied of the justness, of the Parliaments then cause, in the &illegible; of zeale accompanied with judgment and conscience, “upon the principles I have largely laid down in the 26. 27. 75. 76 pages of my book of the 8th of June 1649. intituled Englands legal, fundamentall, &c. I took up Armes for them, and fought heartily and faithfully in their quarrel, (for maintaining of which I had like to have been hanged at Oxford, while during my in prisonnment there, I lost 5 or 600 l. out of my estate at London,) till the plesant Earle of Manchester, had like to have hanged me, for being a little to quick in taking in Tikell Castle, which spoyled a souldier of me ever since; after which in the year 1648. I followed the House of Commons &illegible; to transmit my foresaid &illegible; to the Lords; which with much difficulty (occasioned chiefly by Mr. William &illegible; and other his zealous Presbyterian friends) I got by peice-meales transmitted, where by reason of Manchesters interest I might have expected long delay, yet I found quick dispatch, and upon the 1 of December 1645 by specially decree, they took off the fine set upon me by the Starchamber; and afterwards I got the whole &illegible; transmitted, who at their open Barre, Judicially upon the 13 of February 1645, appointed me a solemn hearing de novo of the whole matter, and assigned Mr. John Bradshaw and Mr. John Cook for my counsell; who with abundance of witnesses accordingly appeared, where Mr. Bradshaw did most notably open the Starchamber injustice towards me, but especially their(*) ex officio or interogatogatory proceedings with me and produced my witnesses upon oath punctually to prove every head of his argument Upon which full hearing the Lords made a notable decree; and adjudged, and declared the said proceedings of the said Starchamber, against the said John Lilburn, to be illegall and most unjust and against the Liberty of the Subject, and Law of the Land, and Magna Charta, and unfit to &illegible; upon record.
But not assigning me any reparations in that Decree (the doing of which the House of Commons left unto them, and the Lords according to former custome looked upon to be their right in law to do,) whereupon I got Mr. John Cook to draw me up that dayes work with most pregnant and notable aggravations, which I printed and presented a few dayes after to every one of the Lords; praying their assigning me particular reparations according to Law and Justice out of the Estates of my unjust Judges, that had done me so much wrong; upon which new addresse to them they did upon the fifth of March 1645. order and decree; and assigned to be paid unto the said John Lilburne the summe of ten thousand pounds for his Reparations which for many reasons (as there being ayding in the warres to the King &c.) they fixed upon the Estates reall and personall of Francis Lord Cottington, Sir Francis Windebank, and James Ingram late Deputy Warden of the Fleet, and afterwards by an other Decree for the present levying thereof out of their lands at eight yeers purchase (as they were before the Warres,) with the allowance of Interest at 8 l. per &illegible; per annum; in case of obstruction; for all or any part of it; and to this purchase &illegible; an Ordinance to be drawn up which fully passed their House the 15. 20. and 27. of Aprill 1646. and afterwards transmitted it to the House of Commons, where by reason of my bloody adversary old Sir Henry Veins Interests and of my imprisonment by Manchesters means in the Tower of London it lay asleep till the 1. of August 1648 at which time 7. or 8000. of my true friends’ in London, signed and caused to be delivered a Petition to the House of Commons for my Liberty, and the passing of the said Ordinance: which Petition is since printed, with the Speech of my true Friend Sir John Maynard upon it. And in reference to which Ordinance the House made this Order:
Sir John Maynard. Sir Peter Wentvvorth. Lord Carre. Col. Bosvvei. Col. Ludiovv. Mr Holland. Mr Copley.
IT is referred to this Committee, of any five of them, to consider how Colonel John Lilburn may have such satisfaction and allowance for &illegible; &illegible; as was formerly intended him by this House.
Henry Elsynge Cler. Parl. Dom. Com.
Upon which Order I got the Committee to meet, and preferred a Petition to them, the true copy of which followeth in meaddresse to every individuall Member. dated 4 of September 1648. Upon which Petition, at my discourse with them, the Parliament having disposed of all that part of the Lord Cottingtons estate that I should have had, unto the Lord Sey, and also compounded with Sir Francis Windebank’s heir; the said Committee were pleased (&illegible; they judged it a difficult piece of work for me to get it proportionably from all or most part of my unjust Judges) to fix it intirely upon the Lord Keepers estate, as the principal guilty man: of which, when the young Lord Coventry his Son and Heir heard thereof in France, he came posting to England as in a maze, fearing what such a precedent might being upon him, if his Fathers estate [then dead] should be compell’d to make me satisfaction; he being so capitall in injustice, that if that course should be taken, his estate left him by his Father [if it were trebled] would not satisfie for his Fathers palpable injustice committed in his life time. And Manchester being in the same Bryers with his Father, being as unjust as the other, and having a Brother (viz. George Montague) and other considerable Interests in the House of Commons, so plyed their friends there, that they put a stop to the second reading of the aforesaid Ordinance. Which I &illegible; fully understood by the Speakers means, then my great pretended friend, who one day began to reason with a Member of the House [and my special Friend] about the unreasonablenesse to fix my Reparations upon the estate of the deceased Lord Coventry; nay, or to give me any Reparations at all out of the estates of those persons that did me wrong, for fear the precedent in time might reach to themselves; “for Sir, said the Speaker, [as the Member told me] if my Son and Heir should be liable in law to make satisfaction to all those men [out of that Estate I should leave him] that I have in the eye of the Law wronged [by signing Warrants, Orders and &illegible; by the Command of my Superiours] he would soon be a begger, although I should leave him 5 or 6000 l. per annum; and therefore desired, as it were, the said Members concurrence with them; who see a necessity, both in justice, and for the clamorous importunity [as they called it] of me and my friends, to give me reparations; but yet to do it in such a way, that the Precedent might not in future make themselves smart for their injustice to particular men. Of which, when the said Member told me, and withall told me, they were resolved to make the Common wealth my Pay-Master out of the publick Treasury, and colour over the justness of it with this pretence, “That &illegible; estate &c. formerly assigned me, they had since disposed of for the Commonwealths use, to the Lord Sey; and therefore now it would be no injustice to the Common-wealth [although in the Star-chamber it never wronged me] to pay me my reparation. Of all which, when I understood their designe, I was not a little troubled and perplexed in my spirit (although I was grown much into debt by reason of my long and chargeable sufferings and large losses) to see that my sufferings should produce no benefit at all to the Common-wealth; which I must, as before God, in the sincerity of my heart aver, was much in mine eye, no earthly Treasure in the world being of that value to me, to make me undergo those sorrows and distresses that I underwent in the Bishops time: neither had I undertaken any hazards (and continued in them) out of any other consideration, but out of conscience and duty to God, and my native Country, I was much perplexed and raised up in my spirit, seeing the main end of my struglings was like to be frustrated, which was, That the Nation might have good by it, by the creating of Precedents, and terrour for the future to Tyrants and Knaves; that so the people hereafter might live more in freedom and peace, in the enjoyment of their Laws and Liberties; the consideration of which made me something fearlesse of my own particular welfare; and in my discourse at their door, to set all my expectation on the Tenter-hooks: and a little recollecting my thoughts, I modellized the fore-mentioned Addresse of the 4 of September, 1648, and printed it, and the next day (as I remember) with my own hands presented it to every Member that would receive it, as they went into the House: The true copy of which thus followeth;
The Humble Remembrance of Lieut. Col. JOHN LILBURN, Septemb. 4. 1648.
Honoured Sir,
VOuchasfe to take notice and seriously to consider, That the first week this present Parliament sate, which is now almost full 8 yeers agoe, I presented a humble Petition to the House of Commons, for justice and right against the cruell Judges of the high Commission Court, and the Star-chamber, and I had the honour (the same day it was presented) to be one of the first prisoners in England that was set at libert, by this Parliament, and also received a speedy, full, fair, and candid proceeding, in the hearing and examining of my tyrannicall sufferings: but by reason of multiplicity of publick businesse, and other great obstructions, I have not as yet been able to attain to the full end of my legall and just expectation and right, viz. Reparations for my long, sad and tormenting sufferings by the foresaid unjust and unrighteous Judges.
Be pleased also favourably to take notice, That upon the first of August last, there was an humble Petition presented to the Honourable House of Commons, subscribed by many thousands of honest citizens, &c. humbly to desire you to put me in the &illegible; possession of all your &illegible; just Votes about my foresaid sufferings: upon reading and debating of which Petition, as in answer to that particular of it, your House were pleased to make this ensuing Order.
Lord Carre, Sir John Maynard, Sir Peter Wentworth, Col. Boswell, Col. Ludlow, M. Copley, M. Holland.
IT is referred to this Committee, or any five of them, to consider how Col. John Lilburn may have such satisfaction and allowance for his sufferings and lesses as was formerly intended him by this House.
Henry Blsing Cler. Dom. Com.
Unto which said Committee at their first sitting, I presemed a Petition; the copy of which thus followeth.
To the Honourable the Committee of the House of Commons appointed to consider of Lieut. Col. Lilburns businesse in reference to the Star-chamber:
The humble Petition of Lieut. Col. John Lilburn.
SHEWETH,
THat besides your Petitioners sufferings by reason of his banishment into the Low Countries, he was first committed by D. Lomb, Gurn, Aylet, 1637. and afterwards had 3 yeers imprisonment in the common Gaole of the Fleet, being whipt from Fleet-bridg to Westminster, and enduring the cruell torment of about five hundred stripes with knotted cords: afterwards being set in the Pillory for the space of two hours; and by James Ingram Deputy Warden of the Fleet, gagged, tearing him jaws &illegible; in pieces, without Order: which Sentence was given by Lord Keeper Coventry, Earl of Manchester, Lord Privie Seale, Lord &illegible; Sir Henry Vane senior, Lord chief Justice Brampston, and Judge Jones. And after the barbarous execution of this Sentence, being April 18. 1638. the said Lord Coventry, Archbishop of Canterbury, Bishop of London, Earl of Manchester, Earl of &illegible; Earl of Salisbury, Lord &illegible; Lord Newburgh, Secretary Cock, and Windebank, passed another Sentence, in effect, for the Stoving of your Petitioner, and for the tormenting of him with irons upon both-hands and legs both night and day; and by keeping him close in the common Gacle of the Fleet from the speech of any of his friends: all which was executed with the greatest cruelty that could be for the space of almost three yeers together, to the apparant hazard of his life, both by starving him [which was with all art and industry severall wayes attempted;] and also by severall &illegible; made upon him by the said Wardens men [instigated thereunto by the said Deputy Warden, to the maiming and wounding him, whereby to this day he is totally deprived of the use of two of his fingers:] All which, with much more, too tedious to be here inserted, was fully proved by sufficient witnesses, before a Committee of your House, whereof M. &illegible; &illegible; had the Chair; upon whose report made May 4. 1641, your House voted, “That the Sentence in the Star-chamber given against the said John Lilburn, and all the proceedings thereupon was illegall, and against the liberty of the Subject, and also bloody, wicked, cruell, barbarous and tyrannicall; and that he ought to have good Reparations therefore. Which Votes (by reason of multiplicity of businesse in your House) cost your Petitioner some yeers of importunate and chargeable attendance to get them transmitted to the Lords; “which was obtained in February 1645. the 13 day of which month your Petitioners whole cause was effectually opened at the Lords Bar, by his learned Councel M. John Bradshaw, and M. John &illegible; and there every particular again proved upon Oath, by testimony of people of very good quality; whereupon they concurred in all things with the House of Commons, saving in the matter of Reparation; But upon the delivery of a true narrative, the Copy whereof is hereunto annexed, (which your Petitioner with his own hands in the same month delivered unto every individuall Lord) they made a further Decree, that &illegible; Petitioner should have 2000 l. reparations out of the estates of the said Lord Conington, Sir Francis Windebank, and James Ingram, for the reasons alledged in an Ordinance which they passed in April 1646, and transmitted to your House, where it hath lain dormant ever since, and is now referred to the consideration of this Honorable Committee.
Now, forasmuch as by the judicial Laws of God (which are the &illegible; laws of right reason) he &illegible; &illegible; by &illegible; his neighbour, is bound to the performance of these five things: First, “If it be a &illegible; or wound, Like for like, or to redeem it with money, thereby to satisfie him for his wound. Secondly. “For his pain and torment. Thirdly, “For the healing, Fourthly, “For his losse of time in his calling. Fifthly, “For the shame and disgrace; all which are to be considered according to the quality of the person damnified: which reparations are to be paid out of the best of the goods of him that damnified him, and that without delay.
And as the Law of God, so the Laws of this Nation doth abhorre, and hath severely punished (above all persons) Judges many times with the &illegible; of their|| lives and estates, who &illegible; colour of Law, have violated their Oaths, and destroyed the lives, liberties and properties of the People, whom by law they should have preserved: as may be instanced by the 44 Judges and Justices &illegible; in &illegible; yeer by King Alfred; divers of them for lesse crimes then hath been done in this case of your Petitioner; as may be read in the Law-book, called The &illegible; of Justice, pag. 239. 240. 241. &c. translated and re-printed this very Parliament: and by Justice Thorp in &illegible; the third his time, who was condemned to death for the violation of his Oath, for taking small &illegible; of money in Causes depending before him; as appears in the 3 part of Cooks Institutes, fol. 155. 156.
And by the Lord chief Justice Tresilians &c. who in full Parliament in Rich. the seconds time was attached as a Traitor in the &illegible; and had his throat cut at Tyburn in the afternoon, because he had given it under his hand that the King might create &illegible; himself as his pleasure, another &illegible; to walk by then the Law of the Land &illegible; him; as appears by the Parliament Records in the Tower, by many of your &illegible; Declarations, and also by the Chronicles of England.
Now forasmuch as your Petitioners sufferings hath been &illegible; and his prejudice sustained thereby altogether unreparrable; having lost his &illegible; &c. And forasmuch as by the Law of God, Nature and Nations, &illegible; for &illegible; and damages received, ought to be satisfied as for as may be in all persons, though done by accident and not intentionally, and though through ignorance: much more when the Persons offending, did it &illegible; and &illegible; purpose in the face, nay, in the spight of the fundamentall Laws of the Land, which they were sworn to preserve: And for that the reparations in the said Ordinance assigned doth &illegible; amount to what your Petitioner speat in his three yeers sad captivity, and his now almost eight yeers chargeable attendance, insuing for it, besides the losse of a rich and profitable &illegible; for eleven yeers together, and has &illegible; torments, &illegible; and disgrace, sustained by his said Tyannicall sentences.
He therefore humbly prayeth the favour and Justice of this honorable Committee for some considerable &illegible; of his said Reparations, and the rather, because his fellow sufferer Doctor &illegible; had 4000 l. reparations alotted him, whose sufferings (he submissively conceiveth) was nothing night so great, in torment, pain and shame, as your Petitioners) And forasmuch as the now Lord Coventry, fort and heir to the foresaid Lord Coventry, hath walked in his Father Strps. in enmity to the Laws Liberties, and freedom of the &illegible; by being in arms at the beginning of the Wars against the Parliament, and made his peace with the Earl of Essex for a small matter, & hath since &illegible; the Kingdom, living in France privately, receiving the profits of a vast estate which his Father left him. And forasmuch as his said Father (the late Lord Coventry) was the &illegible; man in infringing the Laws and liberties of the Nation; although a Lawyer and Judge, sitting on the supream seat of justice, and a person (as is groundedly conceived) who got a great &illegible; by corruption, and particularly a man that principally passed, as chief Judge of the Court, both the aforesaid sentence against your Petitioner: And in regard the estates of the said Lord &illegible; and Sir &illegible; Windebank, by subsequent orders of both Houses upon urgent occasions are much &illegible; and altered from the condition they &illegible; in 1646 when the Lords ordered your Petitioner 2000 Marks out of them, and for that the estate of James Ingram cannot be found, nor at present come by. Your Petitioner therefore most humbly prayeth. That the greatest part if &illegible; all your Petitioners &illegible; may be fixed upon the said now Lord Coventries estate, to be immediatly paid your Petitioner; or else that his Rents, and the profits of his woods and goods maybe seized in the respective Counties where they lie, for the satisfying thereof; that your Petitioner may no longer run the hazzard of ruine to him and his, by tedious delaies, having already contracted the debts of many hundreds of pounds, occasioned by the &illegible; to &illegible; hereof: And that if you shall think of conjoyning any other with him, That it may be principally the Judges of the Law; who ought to have been &illegible; and guides unto the rest of the Judges of that Court, who were Lords, and persons not knowing the Law.
And your Petitioner shall ever pray, &c.
JOHN LILBURN.
After the reading of which they entred into a serious debate of the whole busines, and thereupon passed severall Votes to be the Heads of an Ordinance to be drawn up and reported to the House, by the Right Honourable the Lord Car Chairman to the said Committee, who accordingly reported the proceedings and votes of the said Committee to your House, who approved of the said Votes, and ordered an Ordinance to be presented to the House consonant thereunto, which was accordingly done by the Lord Car, which Ordinance hath been once read in your House: The Copie of which thus followes:
An Ordinance of the Lords and Commons Assembled in Parliament, for the raising of three thousand pounds, out of the reall Estate of the late Thomas Lord Coventry, late Lord Keeper of the great Seal of England, for and towards the reparation and damages of. John Lilburn Gent. which he sustained by vertue and colour of two Sentences given and made against him, in the late Court of Star-chamber, the &illegible; the 13. of Febr. 1637. the other the 18. of April, 1638.
WHereas the cause of John Lilburn Gent. concerning two Sentences pronounced against him in the late Court of Star Chamber, 13 Febr. 13 Car. Regis, and 18. Apr. 14 Car. Regis, were voted the 4. of May 1641, by the House of Commons to be illegall, and against the Liberty of the Subject, and also bloody wicked, cruel, barbarous, and tyrannical, (which were transmitted from the said House of Commons, unto the House of Lords; who thereupon, by an order or decree by them made, 13 Feb. 1645. Adjudged &illegible; declared the said proceedings of the said Star chamber, against the said John Lilburn, to be I Illegall, and most unjust, and against the liberty of the Subject, and Mag. Chart. and unfit to continue upon Record, &c. And by another Order or Decree, made by them the said Lords, the 5. of March 1645, they assigned to be paid unto the said John Lilburn, the sum of two thousand pounds for his reparations; and the said House of Peers then &illegible; that sum upon the estates reall and personall, of Francis Lord Cottington, Sir Francis VVindebank and James Ingram,(**) late Deputy Warden of the Fleet: and afterwards for the present levying thereof, with allowance of interest in case of &illegible; while the same should be in levying, and of such part as should not be forthwith levyed; The said House of Peers did cause an Ordinance to be drawn up, and passed the same in their House, the 27 Aprill 1646. and afterwards transmitted the same to the House of Commons for their concurrence; with whom it yet dependeth. And for as much as since that transmission, all or the greatest part, of the estates of the said Lord Corrington and Sir Francis Windebank, is since by both Houses disposed of to other uses, and the estate of the said James Ingram is so small and weak, and so intangled with former &illegible; that mean afford little or no part unto the said John Lilburn of the said reparations. And for that the said late Lord Coventry, was the principall Judge, and chief Actor, in giving of both the said Illegall Sentences in the said Court of Starchamber; and for the barbarous inflicting of punishments thereupon:
Therefore, and or satisfaction of the said 2000 l. and for the increase of reparation unto the said John Lilburn for his extraordinary wrongs, sufferings and losses thereby sustained, and the &illegible; time hitherto elapsed without any satisfaction. The Lords and Commons assembled in Parliament do ordain, and be it hereby ordained by the said Lords and Commons and by Authority of the same, That the said John Lilburn shall receive the sum of 3000 l. cut of act or any the Manners, Mesuages, Lands, Tenements and Hereditaments, whereof he the said late Thomas Lord Coventry, or any other person or persons to or for his use, or in trust for him, was or were seized in see-simple, or see &illegible; or otherwise, at the time of the said sentences or decrees, or of either of them, &illegible; the said late Court of Star-chamber, or since within the Kingdom of England or Dominion of Wales, any Order &illegible; Ordinance heretofore made by either or both Houses of Parliament for the imployment of the estate of the said late Thomas Lord Coventry to the contrary hereof in any wise notwithstanding. And for the &illegible; speedly levying of the said summe of three thousand pounds, It is further Ordered and &illegible; That the severall and respective Sheriffs, of the severall and respective Counties, within England and Wales, wherein any of the said Lands, Tenements, or Hereditaments doe &illegible; shall forthwith upon sight, and by vertue of this Ordinance cause an inquisition to be made, and taken by the &illegible; of twelve or more lawfull men, where the same land do &illegible; and what the same are and do contain, and of the clear yearly value thereof, over and above all charges and re-prises; and after such inquisition so made and taken, the severall and respective Sheriffs, shall deliver unto the said John Lilburne true copies in Parchment of the same inquisitions by them taken, and shall then also deliver unto the said John Lilburn the said Lands, Tenements and Hereditaments which shall be so comprised or mentioned in the said inquisitions, To have and to hold, to him the said John Lilburne and his &illegible; without &illegible; of waste; and untill he shall have received out of the issues and profits thereof (to be estimated according to the yearly values contained in the said inquisions) the said summe of three thousand pounds; together with all reasonable charges and expences to be sustained from henceforth for obtaining the said summe of three thousand pounds: And all and every the said severall and respective Sheriffs, and all other person and persons whatsoever that shall any &illegible; act or &illegible; in &illegible; to this Ordinance, according to the &illegible; and meaning thereof, shall be therefore defended and kept harmelesse by the &illegible; &illegible; both Houses of Parliament.
Be pleased further to take notice, That after the foresaid Ordinance, was once read, became to a debate in your House for to be read the second &illegible; which was carried in the negative by majority of voices; and I cannot but apprehend that were divers in the house unsatisfied in the Ordinance it self, in regard the House was divided upon the debate and Vote, which I cannot but apprehend must flow from one of these two considerations.
First, Either because that the whole reparations is fixed upon the Lord &illegible; &illegible; singly; who had many co-partners in the sentences, and who also it may be supposed hath &illegible; his &illegible; by him death. Or else secondly, because in some mens thoughts, some of my late actions are or have been so evill in themselves, that they may seem to them to overballance the merrits of all my ancient sufferings.
To the first of which, besides the reasons contained in the foregoing Petition, I humbly crave leave to offer these unto your judicious consideration.
First, I have by almost eight years(*) dear bought experience, sound the interest of some of my fore-mentioned yet me Judges (who yet sit in both houses of Parliament, to be &illegible; for me to grapple with (and the onely cause in my apprehension that hath all this while kept me from my own) and therefore my own interest (which compels me strongly to endeavour by all just wayes and means to attain to my just end reparations) necessitates me as much as I can to wave the fixing upon them.
Secondly, I continually finde amongst the greatest part of my Judges an apprehension, in their own spirits, that in conscience and equity there ought to be favour shewed to those of my Star-chamber Judges that have joyned with the Parliament and Kingdom, rather then to these that have sought and contested against them both, and they seeing the latter are able enough in Estates to make satisfaction, &illegible; ought &illegible; conscience and equity soly to lie upon their heads; and I being not to guide or command my Judges, but rather to be in this guided and commanded by them, and to acquiess in their reasons they give me, especially when my own understanding tels me they most conduce to the obtaining my main end, which is justice in the possessing of my own. Now these things considered, and conjoyned to the reasons laid down in my foregoing Petition, I submissively conceive, as things now stand, in Law, equity and conscience, no juster objecton can be found for you to fix my reparations upon then the reall estate (whereever it is to be found) of the late Thomas Lord Coventry, who was the Principal Actor in this bloody Tragedy: and who was not lesse eminent in cruellty then in place, being judge of the highest seat of mercy, the Chancery, which ought to abate the edge of the Law, when it is too keen: Now for the chief(*) Judge of mercy to degenerate into a savage cruelty, not heard of amongst the Barbarians, nor to be &illegible; of in the Histories of the bloodiest Persecutors, how transcendently hainous and punishable is it?
And though he be dead, yet justice lives, and whatsoever is became of &illegible; his &illegible; ought to make satisfaction, according to the rule of his own court of Star-chamber, he that suffers not in his body, must suffer in his purse. And therefore I may justly expect my reparations out of his reall estate that he was possessor of at his death, where ever I can now find it; whether it be in the possession of the present Lord Coventry, or others; and you may there as righteous Judges fix it for these reasons.
First, Because the said Thomas late Lord Coventries reall estate, in equity, if not in the eye of the Common law, ought to satisfie his debts, though dead; though now it be in the possession of the present Lord Coventry, &c. and in reason & conscience there is at least &illegible; much equity that it should repair injuries, especially of so high a nature as mine is of; and the rather, if it be considered that the late Lord keeper Coventry had, besides his reall estate, a very considerable personall estate at his death, which I desire not to meddle with, although it be descended to his heirs, &c.
Secondly, Because the estate now in the hands of the son and heir, &c. of the late Lord Keeper Coventry descended from him, and was in the hands of the said late Lord Keeper Coventry himself, at the time and some years after his passing the forementioned two illegall and barbarous sentences against me. Now in case I could have injoyed the benefit of the Law then, or immediately after they were passed against me, I might by an act action of the case have had at Law satisfactory damages out of his estate: And if there was any Law or equity for reparations to be given me out of his estate then, the equity and justice of the case is nothing altered by the said late Lord Coventries decease, and bequest of the same estate to the present Lord Coventry his son or others.
Thirdly, Because the late Lord keeper Covensries passing such sentences as he did against me, was [as may appear by the Votes of your own House, made in the case, 4. May, 1641.] a subversion of the Fundamentall Lawes and Constitutions of the Land, and in the case of the Earle of Strafford, that was adjudged Treason: And in the case of Treason, the Law doth dis-enherit and dis-franchise all the posterity of any one adjudged guilty thereof; therefore my reparations (for transcendent injuries done, in such an extraordinary case,) out of the estate of the Father, though it be descended to the Son, or Sons, &c. is no injury to them in equity nor conscience: neither do I conceive, that in case this Parliament should impose a Fine of ten-times as much as my reparations amount unto, out of the aforesaid late Lord Coventries vast estate, to be paid to the publike purse of the Kingdome, for the satisfaction of the publike Justice thereof, and the expiation of his notorious and superlative crimes, could not in the least, in equity reason and conscience, be esteemed unjust in the eye of any impartiall, righteous, or just man in England; and so much in answer to the first Objection.
And now with all respect to the just honour of Parliament, a word or two to the second: which is, That it may be in some Parliament mens thoughts, the evill of some of my late actions may weigh down the merit and desert of all my ancient sufferings; and therefore to quit scores with me, without passing my Ordinance for Starchamber repatation, is too large Justice (in the &illegible; of Justice) for me?
To which with all modesty and respect, I Answer:
Admit my late actions were as vile, and as punishable, as by the worst of my enemies can be supposed to be, yet there can be no Justice in quitting scores with me therefore; and the reason is, because, that were not only to punish me for good actions done, which my sufferings against the Starchamber was, and was almost eight years age so adjudged by your own Votes: but it were also to acquit and gratifie the guilty and obnoxious, which the present Lord Coventry [upon your own principles] is; as well as his Father was: and the Spirit of truth saith, To justifie the wicked, and to &illegible; the righteous, is hath an abomination in the &illegible; of God.
Secondly, I answer &illegible; &illegible; not new seasonable for me to justifie my self,* but rather to intreat you to do me justice and right, in passing my present Ordinance, without any more delay, for my reparations; wherein I have deserved well, by your own often and ancient confessions, before ever you had any pretence of evill to fix upon me, or lay unto my charge; and when you have so done, if for any subsequent actions, any of you be offended again with me, I will put you in sufficient and good security to answer the Law, without &illegible; for mercy or compassion: But O if you be men of gallantry, justice, honesty, or conscience, punish not my poor and afflicted wife, and tender babes for my pretended transgressions, by exposing them to famish, or eat one another, by keeping my own from me, which should preserve them alive, voted unto me by your selves, almost eight years ago; and when you have done, do your pleasure with me, even whatsoever seems good in your eyes, rather then expose me to see my dearest Confort, and the tender off-spring of our wombs, to perish before my eyes; which I must ingeniously confesse, the strength of duty, and naturall indeared affections, will not inable me to behold, with patience and silence: So desiring God to direct your hearts, now at the last, to doe just and righteous things to me, and the Kingdome, for just and righteous ends; I take leave, in sincerity, to subscribe my selfe,
From the Tower of London,
this fourth of Septem. 1648.
Yours to the last drop of my heart-blood,
(if either you be Gods, or your Countreys,)
JOHN LILBURN.
Upon the presenting of which, my Ordinance was called for to be read the second time, which Elsynge the Clerke pretended he had laid ready upon the table before him; but what betwixt his knavery, old Henry Vanes, the Speakers, and young Mountagues, my Ordinance was stoln, and could never after be found: so that I was sent to out of the House to get another fair copie writ over presently, which being long in doing, my friends went away, not expecting it would any more be medled with that day; so that when most of them were gone, my adversaries took the advantage to call for it, and in a thin House read it the second time, and upon debate threw it out of doors, and at present to stop my mouth, voted me 300. l. ready money (as they pretended) out of Sir Charls Kemish his Composition, to inable me for present subsistence, and to follow my businesse, and also made this further Order,
ORdered by the Commons assembled in Parliament, that the sum of three thousand pounds be allowed and paid unto Lieutenant Colonell John Lilburne, for reparations of his damages sustained by colour of the sentences given against him in the late Court of Star-Chamber, where Lord Carr hath the Chaire, with the addition of Sir John Danvers, and Colonell Rigby, to consider of, and present to this House an Ordinance for setling of Lords to him and his beires, to the value of 3000. l. at twelve yeers purchase, out of the estates of new Delinquents in the Insurrections, not &illegible; &illegible;
H. Elsynge, Cler. Parl. Dom. Com.
Of which when I fully understood, I was troubled, but knew not how to help myself, and having already met with so many difficulties, and received so manie baffles, as I had done, I thought it was better (being almost wearied out with strugling) to take half a loaf, then go away without any &illegible; at all. so I addressed my selfe to the Committee, who left me to my choice to six my reparations upon what Delinquents I thought &illegible; that were not already disposed of, and some of them told me of an Order the House had made against Sir Henry Gibbs (who had a good estate in the County of Durham) upon an information M. &illegible; and the rest of their Commissioners from Scotland, had brought them; upon which they made this Order.
ORdered by the Commons assembled in Parliament, that the estate of Sir Henry Gibbs, reall and personall in England, be forthwith sequestred.
H. Elsynge, Cler. Parl. Dom. Com.
Upon consideration of which, and my Fathers and Uncles being Committee-men in the said County of Durham, I then judged it most fittest for me, for the speedy dispatch of my businesse (without any more baffles, delayes, or cheats) to fix in that County, and accordingly I got my foresaid Committee to write a Letter to them; the copy of which thus followeth:
Gentlemen,
IT being by an Order of the House of Commons of the &illegible; of this instant, referred to us to consider of, and to present unto them an Ordinance for setling of Lands upon Lieutenant Colonell John Lilburne, and his heirs, to the value of 3000. l. at twelve years purchase, out of the estates of new Delinquents in the insurrections not yet &illegible; we (that we may be the better inabled to performe this service) do desire you, or some three or more of you, to make Certificate unto &illegible; in writing with all convenient speed, of the names of such Gentlemen, or others in your County, who have been eminent and knowne Delinquents (or so proved before you) in these late insurrections, &illegible; also a particular in writing of their estates, and of the clear yeerly value thereof (communibus annis) &illegible; and above all charges and &illegible; and what termes and estates they have therein, and what &illegible; lie thereupon, as farre as can come to your knowledge, and to send by this Bearer Lievenant-Col. John Lilburne that Certificate sealed up unto us, who are
Dated at Westminster, Septem. p. 1648.
Your Friends and Servants.
Charles Carr, John Maynard, Alexander
Rigby, Godfrey Boswell, Edmond
Ludlow, Lionel Copley, &illegible;
Holland.
With which Letter, I immediately took a long, tedious, and chargeable journey into the North, and brought back an answer; the copy of which thus followeth:
Right Honorable,
WE received your Honours Letter dated the ninth of September last, for certifying the names and estates of such new Delinquents as have been in the late insurrections, wherein we have laboured as much as we can to informe our selves to give you satisfaction in your desires, and therefore have sent up these severall Certificates &illegible; &illegible; of the names of such persons as have been Delinquents in these late insurrections, amongst whom is Sir Henry Gibbs, for whose sequestration we have received a &illegible; Order from the Lords and Commons of Sequestrations, dated &illegible; 28. of August last; the other two are openly known to have been in these late warrs: We have also sent particulars of the yearely values of their estates in this County, so neere as we are able to learne, considering the shortnesse of the time allowed by the necessities of the Bearer concerned therein, and the fewnesse of us, who are now left to attend the service of the Sequestration in this County, being no more that will act as all, then we whose names are hereunto subscribed; we rest,
Durham, October 12. 1648.
Your Honours humble Servants,
Thomas Midford, Richard Lilburne,
George Lilburne.
Which forementioned Certificate in brief thus followeth; A rentall of Sir Henry Gibs Lands in Jarro, in the County of Durham above the reprises, for any thing we can find by examinations of the immediate Tenants of the said Lands in Octob. 1648.
Jarroe with the grounds thereunto belonging 22 2. l. per annum, belonging to Thomas Bow, Esquire (which he had with his wife) Octob. 1648. at Broadwood, &illegible; Pawse, Meadowes, &illegible; Riding, Birkclose, and Land in Medelton field, Foggerforth, and Evenwood, 308. l. 10. s. per annum (But as I remember, Evenwood being 80. l. per annum proved to be his brother Cradocks, and so &illegible; 228. l. 10. s.) belonging to Sir Henry &illegible; at Beamount hill, in the County of Durham, Octob. 1648. copy-hold, and worth 180. l. per annum.
Thomas Midford.
Richard Lilburn.
George Lilburn.
After I came to London with this, and delivered it to the Committee, they were willing I should fix upon Sir Henry Gibbs his Land at Jarroe, to make over to me, and to my heirs for ever, for my 3000. l. allotted, and accordingly drew up an Ordinance, and truly what with the personall Treaties vigorous going on, which rendred the making over such lands to be very dubious in the possessing of them, and the taking away his estate for ever, without visibly declaring any particular cause, or ever so much as summoning him &illegible; answer, for the Crimes the Parliament Commissioners (privately in their house) laid to his charge, upon which they sequestred him, (though I confesse I my selfe before rid into Scotland to inquire of him, and had enough to sequester him) or in default of appearance legally to outlaw him; all which laid together, with other things following, I had no stomack to his, or any other Delinquenes Lands, knowing no reason why Sir Henry Vane, &c. should shift off from themselves my reperations, for the transcendent &illegible; they had done me, and lay it upon the shoulders of those in an extraordinary manner, that never particularly had done me wrong, (and besides force me to put it to a &illegible; hazard, whether I should injoy it or no) and understanding that Sir Henry Gibbs had an impropriation in the said County, amounting to about 70. or 80. l. per an. besides a legall and just right in a great deal of wood in Bransboth Park, some part of which was ready feld, and so would make ready money, upon all which considerations, &c. in as plausable a manner as I could, I drew up a Petition to the foresaid Committee to avoid the &illegible; upon me the said Lands, the copy of which followeth,
The humble Petition of Lievtenant Colonell John Lilburn.
Sheweth,
THat upon severall debates of the Petitioners barbarous sufferings by the Starchamber in both Houses of Parliament, The House of Lords were pleased the 15. 20. 27. of April 1646. to passe an ordinance that your Petitioner should receive 2000. l. reparations out of the Lands of the Lord &illegible; &c. at eight years purchase and upon the humble Petition of your Petitioner, to this honourable Committee in August last, for &illegible; of his reparations, you were pleased for the reasons therein alledged, to &illegible; your Petitioner 3000. l. for his Reparations, to be &illegible; out of the estate of the &illegible; Lord Coventry in money, upon the report of which to the House of Commons, by the right honourable the Lord Carr, the House were pleased to confirm the said Vote, and upon the Lord Carrs presenting an Ordinance to the house to that end, the House past &illegible; once, but before it could be read twice, either by the carelesnesse or willfullnesse of Mr. Elsynge the Clarke, your Petitioners Ordinance was &illegible; and &illegible; and a new copy the same day was drawne and presented to a thin House, who threw it out of doors, and ordered your Petitioner to receive 3000. l. at 12. years purchase, out of the Lands of new Delinquents, which 3000. l. in effect and substance is not one 6. d. more, then the Lords 2000. l. was, the Lords 2000. l. being at 8. years purchase, and the House of Commons 3000. l. at 12. years purchase.
That upon the last sitting of this Committee, you were pleased to write to the Committee of Sequestrations of the County of Durham, to make Certificates to this Committee of the estates of new Delinquents in their County, who by their Letter and Certificates of the 12. of October present, certifie of the clear delinquency of Sir Henry &illegible; Knight, Sir Henry Bellingham Knight and Baronet, and Thomas &illegible; &illegible; all of whom have reall estates in the said County of Durham, the obtaining of which Certificate, cost your Petitioner a tedious and chargeable journey into those parts.
That your Petitioner, for divers weighty reasons in his own thoughts, fixed principally upon the estate of Sir Henry Gibb: but having been with divers and severall Counsellours learned in the Law of England, he clearly finds that in Law strictly, his &illegible; no other Delinquents Lands, can immediately be made over absolutely to your Petitioner, and his heirs for ever, without such clauses of reservation, as may totally indanger your Petitioner within a few moneths to lose the fruit of his almost eight yeares extraordinary chargeable attendance, for justice in the premises in your House, the termes of the conveyance in law being so &illegible; that your Petitioner would not willingly give one yeares purchase for land so conveyed.
Wherefore, and in regard your Petitioner cannot believe, that your House intends &illegible; a fiction without a substance; for his already twice voted 3000. l. reparation, he &illegible; &illegible; prayeth, that he may &illegible; your honourable assistance for the &illegible; &illegible; of an &illegible; for your Petitioner to &illegible; 8. l. per centum per annum &illegible; &illegible; of his money, from the &illegible; of the Committee of &illegible; of the &illegible; of &illegible; &illegible; &illegible; of the &illegible; sequestred on the said County of the said Sir Henry Gibb, Sir Henry &illegible; and Thomas &illegible; Esquire, beginning at the &illegible; of &illegible; &illegible; past, and that the &illegible; of the profits of the lands, woods or other &illegible; &illegible; &illegible; for &illegible; &illegible; lying in &illegible; &illegible; County, may as they arise go to the &illegible; &illegible; &illegible; &illegible; said 3000. l. &illegible; at be fully paid, with an assurance unto &illegible; &illegible; &illegible; that in case any, or all of them compound with the Parliament for their &illegible; &illegible; &illegible; &illegible; of your &illegible; &illegible; as then shall remaine, may be &illegible; and &illegible; out of &illegible; compositions.
And your Petitioner shall pray, &c.
John Lilburne.
Which Petition of &illegible; the Committee granted, and caused an Ordinance accordingly to be drawn up very fully, &illegible; &illegible; &illegible; friend John Blaxston and my &illegible; &illegible; George Lilburne being &illegible; &illegible; out, the man indeavoured to revenge himselfe of me, and bulled so hard against me in the House, as that he got all consideration for the future forbearance of my money &illegible; out: which I was &illegible; to beare with patience at &illegible; present, being not able to help my self; and as I remember it was read and past the second time, but the &illegible; of the House &illegible; after the personall Treaty, with the supposition or jealousie of divers of my acquaintance (and former friends amongst those &illegible; that I had too deep a hand in the late London Petition of 11. September 1648. which seemed to them to be a &illegible; peare to the Treaty, and they conceiving that I still &illegible; the same ends, made the chariot wheels of the &illegible; of my Ordinance to got &illegible; then they used to do; so that for my blood I totally could not get &illegible; to passe the House of Commons in October 1648. and other businesse of the Army coming on, I &illegible; looking after my Ordinance, and visibly and totally, devoted my self to an industrious indeavour to see if I with any other nicknamed levelling friends, could prevent another cheat by the Army (who promised faire in their large Remonstrance from S. Athens of 16. Novemb. 1648. pag. 66, 67, 68. but especially in their most remarkable Declaration, shewing the reasons of their last advance to London) the true narrative of my proceedings with them and their friends you may read in the 2. edition of my book of the 8. of June 1649. intituled The legall fundamentall Liberties of the People of England &illegible; &illegible; and &illegible; pag. 33, 34, 35, 36, 37, 38. which pages I intreat you seriously to read; and with them I continued very diligently and closely following them, to see if it were possible to get them consent to the &illegible; of the Kingdome upon the bases and foundations of the principles of true freedom and justice, by an* Agreement of the People that had not fought against their Freedoms; the onely and alone just cure of all Englands &illegible; not onely in my thoughts then, but still at this present day; but when I apparently and visibly saw their &illegible; and cheating, of which I with out feare told them, as you may read in pag. 39, 40. of my last named books. I say at the perceiving of their basenesse, I judged it Impossible for me even to get my Ordinance fully passe, unlesse I would be their slave and vassall, which Harrison, Sir William Constable, and Sir &illegible; &illegible; at their first coming to Whitehall laboured to get me to be, and to ingage my &illegible; for them, but my positive answer to them all three face to face (in their chamber, was, that I would as soon ingage for the &illegible; for them, unlesse they would come to a &illegible; center where they would sixedly acquiesce, before they so much as attempted the &illegible; with those &illegible; things they &illegible; as the breaking the House, and taking &illegible; the Kings &illegible; I say, perceiving they were &illegible; to be knaves in the highest, &illegible; go through with their intended resolutions what ever it cast, I thought &illegible; &illegible; for me to &illegible; before all their fears and troubles were over, to get my Ordinance fully &illegible; passe let me they fully got up into the throne, being confident it I staid till they had got that &illegible; businesse about the King over, I should never get it passe then, but upon &illegible; &illegible; to be their &illegible; which I &illegible; much abhorred as I did the &illegible; of &illegible; own &illegible; and therefore I put pen to paper and write a netling Letter to the Speaker about &illegible; being resolved to &illegible; my &illegible; at their door in the pursuit of it, and its &illegible; it had, &illegible; remember the next day my Ordinance was transmitted to the Lords, the copy of which Letter this followeth.
M. Speaker,
THough I cannot challenge much interest in you, yet being a suffering oppressed English-man, and considering you in the place you are in, I cannot choose but in black and white present you with a little of my sorrowes, which I assuredly know is now as &illegible; for you to redresse, (if you please) as it is almost for me to write these lines to you, it is not unknowne to your selfe what transcendent miseries I suffered before this Parliament by the Bishops, &c. for divers yeers together, and how that for betwixt eight and nine yeers I have in a manner constantly waited upon your House for redresse, without any reall fruit at all to this day, though I dare safely say it, I have spent well high 1500. l. one way and another, since I first begun my suit unto you, divers hundreds of which I must in truth tell you I am at this time ingaged for, and owe at this house, and how soon I may be throwne into a Jayle, and there not for want of payment of it, and see my wife and tender babes perish for warn before my eyes, I know not, and therefore truly Sir, I must with bitternesse of spirit say, a happinesse it had been for me, if when almost full eight years ago you voted me reparations to my barbarous sufferings, you had voted me to everlasting &illegible; out of the land of my nativity, and that it should have been immediate death for me to have returned, to have sought for any &illegible; at your hands; for alas, Sir, what a happy man as to the world had I been? to have had the improvement of my wasted money, and my eight years hazardous ill spent time, in waiting upon you for your often promised Justice, in my calling in some sorraigne land, for the subsistence of me and mine; whereas all the benefit I have really enjoyed from you hath been the tormenting of my spirits, and the filling of my &illegible; with aches and paines, in those hard, unrighteous and unjust imprisonments that I have six or seven severall times sustained from your House, and their Committees, in which I will not now say your selfe had a considerable hand in some of them, and yet have &illegible; been delivered by you as an innocent and righteous man, without ever having any thing laid unto my charge: Sir, I have often had many faire promises from you, and so have some of my friends besides of your readinesse and &illegible; to help me to justice and my own (though some other of my friends that have &illegible; within your walls have told me the quite contrary, which I have been loath to believe) and therefore I now write unto you, to put you to therest. Wherefore without any more delay I adjure you, as you will answer before God and &illegible; mighty Angells, that vow you &illegible; ingeniously end honestly with me, and either help one effectually to get my Ordinance past your House, for my 3000. l. reparations, and force that faith breaking man that hath not a spark of Gentleman in him, I mean Sir Charles Kemish, to help me to my 300. l. which by your assignment I should have had four moneths ago from him, or els tell me plainly and truly you will not, cannot, or dare not (for feare of my adversaries) meddle with my businesse to do me any effectuall good, and I do assure you I will take it for an honest finall answer, and never trouble you particularly any more, but put my businesse to a publike test, by one more printed addresse, sutable to my extremities, and if I must perish (because I cannot, nor will not creaturize, to crouch unto mens corrupt lusts and wills) I perise; but by Gods assistance I shall do the best I can, if it must needs be so, that it shall be with a witnesse. So with my service presented unto you, being desirous to &illegible; upon you at your lodging for an answer, I rest,
Yours, very desirous to have just cause to be
From my lodging in Brewers yard
in Kings three Westminster,
Decemb. 16. 1648.
Your Servant,
John Lilburne.
So when my Ordinance came to the Lords, they disinabled me to cut down any more timber trees, then what was already fell’d, which I judged fitter for me to content my self with, then to struggle any longer to get it passe, as the House of Commons had sent it up, so, the Lords in two or three daies dispatched it, and sent it down to the House of Commons for their concurrence, according to those abridgements they had made in it, and taking my opportunity to sprak to those in the House of Commons, I had interest in, I intreated them to dispute it no more, but passe it as the Lords had gelded it, and accordingly they did, the copy of which thus followeth.
An Ordinance of the Lords and Commons assembled in Parliament, for raising of three thousand pound, out of the sequestred estates and compositions of Sir Henry Gibb Knight, Sir Henry Bellingham Knight and Baroner, and Thomas Bowes Esquire, lying and being within the County of Durham, to be paid unto L. Col. John Lilburne, by the Committee of Sequestrations of the said County, for and towards the reparation and damages of the said John Lilburn, which he sustained by vertue & colour of two unjust Sentences, or Decrees given and made against him in the late Court of Starchamber, the one the 13. of February 1637. the other the 18. of April 1638.
WHereas the cause of Lievt. Col. John Lilburne, concerning two sentences pronounced against him in the late Court of Starchamber 13. February, decimo tertio Caroli Regis, and the 18. April decimo quærto Caroli Regis, (which were voted the 4. of May 1641. by the House of Commons to be illegall, and against the liberty of the Subject, and also bloody, wicked, cruell, barbarous and tyrannicall) were transmitted from the said House of Commons unto the House of Lords, in which the House of Peers concurred in judgment, and the 13. of February 1645. declared the said proceedings of the said Starchamber against the said John Lilburne to be illegall, most unjust, and against the liberty of the Subject, and law of the land, and Magna Charta, and unfit to continue upon record, &c. The said Lords and Commons taking into their serious consideration the extraordinary sufferings and barbarous tyranny that by colour of the said unjust Decrees were inflicted upon the said Lievt. Col. John Lilburne, and the long time hitherto elapsed without any satisfaction, do conceive it most just, equitable and reasonable, to repaire him in some considerable manner; and therefore in pursuance of two orders of the House of Commons, one of the &illegible; of August 1648. and the other of the 5. of September 1648. have ordained, and be it hereby ordained by the Lords and Commons assembled in Parliament, and by the authority of the same, That the said John Lilburne shall have, and receive the sum of 3000. l. to be paid unto him or his Assignes by the Committee of Sequestrations for the County of Durham out of the first profits of the sequestred estates both lands and goods of Sir Henry Gibb Knight, Sir Henry Bellingham Knight and &illegible; and Thomas Bowes Esquire, lying and being in the County of Durham, having been all &illegible; in the late &illegible; insurrections, and aiding and assisting to the most wicked invasion of Duke Hamilton. And the said Committee are hereby &illegible; to sell all such woods (except timber &illegible; now standing) as may conveniently be spared, and now standing upon the said lands (or already &illegible;) or any of them. And if the said Sir Henry Gibb, Sir Henry Bellingham, and Thomas Bowes, or any of them shall compound for their estate, so much of the said three thousand pounds as then shall remain unsatisfied, shall be paid unto the said John Lilburne, or his assignes, out of their, or the first of their Compositions. And this Ordinance or copie thereof attested under the hand, or hands of the Clerk, or Clerks of one or both Houses of Parliament, shall be a sufficient Warrant to the said Committee of Sequestrations in the said County of Durham, to pay the said 3000. l. &illegible; &illegible; before expressed, unto the said John Lilburne or his assignes; and likewise to &illegible; and save harmlesse, all, and every person or persons that shall any way act in the performance of the true intent and meaning of this Ordinance.*
Joh. Brown Cler. Parliamentorum.
H. Elsynge Cler. Parl. D. Com.
With which Ordinance I posted away to you of the Committee of Durham, where as you may remember, I found Sir Arthur Haslering amongst you, continually sitting with you, not onely as a Member of your Committee of Militia, and of Sequestrations, but also Chair-man to them both; and not only that, but also Lord paramount over you all, doing even what himselfe pleased by meere will, scaring your Orders, &illegible; &illegible; and putting in what he pleased; of the most of which I then being an eye-witnesse, I very seriously (as you may well remember) inquired of my Father, Colonell Midford, M. &illegible; and your selfe, whether by Ordinance of Parliament Sir Arthur was a Member of your Committees? and you all told me no, he was not of either of them; at which I wondered, and stood amazed, that he durst do that which he constantly did, and that you were men of such low and meane spirits, as to suffer him, yea, or to &illegible; him so much as to &illegible; amongst you; but it was replyed to me, as you may remember, how could you help it? for your County was more in slavery then all the Counties of England, never having either Knights, or Burgesses in Parliament, to speak and act there for the welfare of your County, or any that belong to it, and &illegible; it well, and besides, Sir Arthur was a great and a powerfull man both in Parliament and Army, and had souldiers enough at his heels: upon all which he &illegible; himselfe so high, that he presumes to do even what he pleaseth, and who dare to controule him? for, hath he not meerly by his will, and of his own Authority laid foure shillings a chaldern* Excize upon coles? (which at the dearest with you are sold under twenty shillings the chaldern) in which arbitrary taxation not onely all London is concerned but almost all the Sea and great Townes in the South of England, &c. and yet the City of London it selfe never prosecuted him therfore, no not so much as complained of him, and therefore much more may he doe what be pleaseth amongst you, who rationally have scarce any means afforded you so much as to complaine of him, much lesse to help your selves aganst him, and therefore you advised me then to &illegible; and see, and say nothing, but look after my owne businesse, to get that dispatched, which you very well know I fully acquainted your Committee with at Durham, while Sir Arthur Haslerig was there, before whom my Ordinance was read, and appeared of without the least exceptions, and the originalls delivered to your Clerke to record in vour Journall, and with whose consent and approbation (I meane Sir Arthurs) your Committee made this following Order.
WHereas by an Ordinance of Parliament dated Decemb. 21. 1648. it is declared, that I &illegible; Col. John Lilburne &illegible; had two Sentences pronounced against him in the &illegible; Court of Starchamber, Febr. 13. decimo &illegible; Caroli Regis, &illegible; 18. of April, decimo quarto Caroli Regis, which were &illegible; the 4. of May, 1641. by the House of Commons to be illegall, and against the Liberty of the Subject, and also &illegible; &illegible; cruell, &illegible; &illegible; &illegible; were &illegible; from the said House of Commons &illegible; the House of Lords; in which the House of Peers concurred in judgement, and the 13. of Febr. 1645. declared the &illegible; of the said Starchamber to be illegall, and most unjust, and against the Liberty of the Subject, and the Law of the Land, and Magna Charta, and unfit to continue upon record, &c. whereupon the Lords and &illegible; did conceive it most just, equitable and reasonable, to repaire him in some considerable manner; and therefore or &illegible; that the said Lievtenant-Col. John Lilburn shall have and receive the sum of 3000.l. to be paid unto him, or his Assigne, by the Committee of Sequestrations for the County of Durham, out of the first profits of the sequestred estates, both Lands and goods &illegible; Sir Henry Gibbs Knight, Sir Henry Bellingham, Knight and Baronet, and Thomas Bowes Esquatre, lying and being within this County of Durham, having been all active in the late Northern &illegible; and &illegible; and assisting to the most wicked &illegible; of Duke Humbleton, in obedience unto which said Ordinance, it is this day ordered by the Committee of Sequestrations for this County, That the said Lievtenant Colonell Lilburn or his assigns, &illegible; and may, and hereby is authorized to go to the severall &illegible; and &illegible; of the said severall Delinquents, to demand and &illegible; the severall &illegible; profits and debts, &illegible; to &illegible; or any of &illegible; for and towards the payment of the said three thousand pounds, and his or their receipt shall be their sufficient discharge, and the said &illegible; Farmers, or &illegible; &illegible; presently, or within 14. daies after, to send copies of the said &illegible; to this Committee; and the said &illegible; Colonell John Lilburn, is from time to &illegible; to certifie this Committee, the manner of his procedings &illegible; and he is also &illegible; hereby, to go and repair to Henry Young, Banchman of the &illegible; of &illegible; or to his Deputy or Deputies, and &illegible; to enquire and inform himself of the true estate and value of the said Collyery, as relating to the said Mr. Thomas &illegible; As also to repair to the Iron Mill and France at Hunwick and Witton, and there to take a true and perfect account, and Inventory, of all the Stock, Implements, &illegible; and &illegible; and of all profits and advantages arising, growing or coming thereby, unto the said Mr. Thomas Bowes, and speedily to certifie this &illegible; thereof, also to summon, John &illegible; Steward of the Iron works at Witron, and the said Henry Young, to be before this Committee at Gatshead, upon Wednesday next, to give in and testifie their knowledge, touching Mr. Bowes his &illegible; in the said Iron works and Collyery.
Isaac Gilpin Cler. Com.
By vertue of which Order, my Father and my self went to the Tenants of the three &illegible; Delinquents, as also to the foresaid Young and &illegible; which &illegible; and &illegible; according to the aforesaid order appeared at &illegible; before Sir Arthur &illegible; and your said Committee of Sequestrations unto whom I punctually gave an &illegible; account of Mr. &illegible; &illegible; at Karterthorn, and his Iron Mill and &illegible; at &illegible; and it &illegible; upon which the foresaid &illegible; were examined what they conceived Mr. Bowes interest in the said &illegible; and Iron Mill to be worth, and after they had given in their Verdict and opinion, the said Committee of Sequestration &illegible; &illegible; my &illegible; &illegible;) the said &illegible; his interest to Sir Arthur &illegible; &illegible; 400. l. &illegible; money, upon his ingagement to pay it me at London, (which he did) &illegible; the &illegible; &illegible; &illegible; a &illegible; after, as part of my 3000. l. and I &illegible; received then in the &illegible; of &illegible; &illegible; Tenants &c. of the &illegible; these &illegible; &illegible; 100. and 200. l. &illegible; money, &illegible; which I certified your Committee of &illegible; Durham, and by &illegible; &illegible; order, delivered to their Clark and &illegible; &illegible; of all the &illegible; I had &illegible; the severall Tenants, who comparing them with the respective &illegible; and &illegible; &illegible; for &illegible; and &illegible; (the &illegible; of which they had by them) did &illegible; my accounts, and gave me a &illegible; &illegible; &illegible; &illegible; &illegible; upon the &illegible; of February, 1648. &illegible; &illegible; Isaac Gilpin Cler. Com. &illegible; &illegible; &illegible; &illegible; so that new I have from step to step &illegible; you my &illegible; and &illegible; to my 3000. l. which is not &illegible; &illegible; given me, &illegible; &illegible; &illegible; &illegible; by the &illegible; but the &illegible; and product of severall legall Parliamentary judgements &illegible; given me for &illegible; &illegible; &illegible; &illegible; and losse of &illegible; and &illegible; by illegall unjust decrees made and given &illegible; me, which Parliamentary judgements and decrees of mine, and some of them of &illegible; standing, &illegible; &illegible; &illegible; &illegible; &illegible; the King and Parliament, others of 5 and 4. years standing, &illegible; &illegible; &illegible; and &illegible; were a free, just and &illegible; &illegible; in the &illegible; &illegible; I all the &illegible; in England, &illegible; of &illegible; and &illegible; &illegible; &illegible; &illegible; of the &illegible; of 3. and 2. years &illegible; &illegible; &illegible; Houses were commonly received and &illegible; &illegible; an unforced, &illegible; and &illegible; ‘Parliament; and the very last passing of my Ordinance was, by both &illegible; &illegible; the &illegible; &illegible; or the Kings &illegible; whose death in Law &illegible; &illegible; a &illegible; the Parliament.
For sail &illegible; &illegible; which &illegible; &illegible; &illegible; &illegible; the &illegible; &illegible; of &illegible; of the 8. &illegible; &illegible; &illegible; &illegible; The &illegible; &illegible; &illegible; Liberties of &illegible; &illegible; &illegible; &illegible; pag. 55. 56. &illegible; and Mr. William &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; the illegall tax of 90. &illegible; pounds per annum. pag. 3. 46. 47.In most of which judgements, Sir Arthur &illegible; &illegible; of &illegible; I am sure of it &illegible; in some of them, and who was one of those that was &illegible; in &illegible; one into a &illegible; just, and legall &illegible; (for so it was eminently up in his own &illegible;) of my long strugled for, and dear bought &illegible; &illegible; which in the &illegible; &illegible; of God or man, I have as true a judiciall legall right unto, as either he or you have, or &illegible; had, to any cloaths you wore in your lives, and therefore &illegible; I may well call it theft in &illegible; in &illegible; my goods or &illegible; &illegible; me by &illegible; &illegible; &illegible; just like a cutter upon the high way, yea and by &illegible; and the &illegible; Parliaments principles, &illegible; itself, in &illegible; &illegible; me of my legall and just come by estate, without any manner of &illegible; it &illegible; &illegible; &illegible; &illegible; as upon any &illegible; upon a paper Petition, or so much as ever &illegible; &illegible; to answer for my self, or to know what he had to lay to my charge, as a colourable pretence to take it away from me: it is impossible for him to plead ignorance of my right, be having as is before truly declared, been privy to all the circumstances of my just proceedings, yea as I understand, my Father did not a little plead my right with him, and produced my Ordinance &c. to his face to maintain it, when he took it away, which notwithstanding he valued not, but most &illegible; premiditately, and in &illegible; and contempt of the Law of England, and &illegible; trayterously in subversion thereof, bath exercised an arbitrary and tyrannicall power over and above the Law, in his taking it away, for which felonious and &illegible; Action of his, by Gods assistance I will stick as close to him, as ever his &illegible; did to &illegible; back, or as ever I did to the Bishop of &illegible; who for lesse villanies then his, I saw lose his head as a Traytor upon Tower Hill.
Sir, the late King hath lost his head by Sir Arthur and his associates for tyranny, &illegible; advancing his will above the Law of England, as in his impeachment, princed at the last end of my late Impeachment of Cromwell you may read pag. 57. 58. And yet I am sure &illegible; formerly, and (for any thing I groundedly know to the contrary) legally impeached Haslerig of high &illegible; and yet never pretended any right to a penny of his estate before conviction, but Haslering nor any body else never laid any crime in the world to my charge, either of Treason particularly, or of Felony, or Misdemeanour, or any thing else, and yet hath seized upon my &illegible; without any pretence or shadow, or colour of Law.
And that the King impeached him, you may read in &illegible; part Parliament. book &illegible; pag. 34. 35. which &illegible; thus followeth.
- 1. That they have trayterously endeavoured to subvert the fundamentall Laws and Government of this Kingdome, and deprive the King of his legall power, and to place on Subjects, an arbitrary and tyrannicall power.
- 2. That they have endeavoured by many foul aspersions, upon his Majesty and his Government, to alienate the affections of his people, and to make his Majesty &illegible; to them.
- 3. That they have endeavoured to draw his Majesties late Army to disobedience to his Majesties command, and to side with them in their trayterous design.
- 4. That they have trayterously invited and incouraged a Forraign Power, to invade his Majesties Kingdome of England.
- 5. That they have trayterously endeavoured to subvert the very rights and beings of Parliament.
- 6. That for the compleating of their trayterous designes, they have endeavoured as far as in them lay, by force and terrour, to compell the Parliament to joyn with them in their trayterous designs, and to that end, have actually &illegible; and countenanced &illegible; against the King and Parliament.
- 7. That they have trayterously conspired to levy, and actually have levied &illegible; against the King.
And therefore the premisses duly &illegible; Haslerig hath dealt more unjustly, more illegally and more unrighteously with me, thereover the King dealt with him, or his Associates, and therefore as a Tyrant and a &illegible; be ought to die therefore upon his own practised and declared principles. But moreover, although the King formally and for any thing I know to the contrary, Parliamentarily impeached him as a Tristour, and yet for all that never sought for or challenged any of his money, Lands, or Goods, untill be were Legally convicted: and yet by the Parliament it &illegible; it was looked upon &illegible; such a violation of the Law (because it was &illegible; they pretended formall in every punctilio according to the Law) as occasioned the highest &illegible; against the King that their pens could invent, with aggravation upon aggravation, and no personall &illegible; from the King himself could serve their &illegible; (&illegible; &illegible; of which you may notably and felly read in the 2 Edition of my book of the 8 of June 1649 pag. 12. 13. 14. 15. 18. 19. 20. 21.) till they had made it the first declared occasion to &illegible; the &illegible; &illegible; the &illegible; eight yeers cruell warres &illegible; England; yea and for it, and such like as it, at the &illegible; they took off the Kings head as a Tyrant, &illegible; that he had set his will above the lawly which he ought to have governed, as appears in the first Article of his impeachment, Therefore let Haslerig look to &illegible; for I &illegible; &illegible; if he or his bloodthirsty associates should &illegible; me, yet God out of &illegible; would &illegible; &illegible; vigorously to endeavour to bring his neck to the gallows, or his head to the black for his Tyrannies and Arbitrary dealing with me, and for my part so long as I have &illegible; (by &illegible; gracious assistance of God). I shall not bate him an &illegible; although I perish in the prosecution of &illegible; &illegible; &illegible; and all his associates do the worst they dare or can.
And therefore Sir, I most earnestly beg of you, to intreat my Father to pluck up so much courage, as truly and exactly to state the present condition of my businesse with Haslerig, and send me an exact Narrative of it from the beginning of Haslerigs medling with it: and also I intreat you your self, to certifie me (if you dare) under your hand, the manner and particulars of all his arbitrary dealings with your particular self, and your Committees &c.
And whether that he himself were not the absolute and single Instrument, that caused you and my Father for your publike and known good affection to the Common-wealth and nothing else, to be turned out of the Commission of the Peace, &c. And when he had so done, whether he alone by his meer Will and Prerogative did not name Master Henry Draper, and caused him to be made a Justice of the Peace, &c. although as I am credibly and certainly informed, &illegible; was a notable Cavalier, and had a Commission from the Earle of Newcastle, and not three months before HASLERIGS making him a Justice of Peace, he had paid part of his Composition to HASLERIGS own particular hands or his Treasurer by his order and appointment?
And whether he did not also lately name, and by his Prerogative will put in Sir Richard &illegible; for another Justice of Peace for your County, who to my own knowledge was &illegible; my last being in your County found and proved a Delinquent; Sir Arthur himselfe being one of his &illegible; Prosecutors, and stands sequestred as a &illegible; &illegible; Cavalier to this day?
And whether he did not lately the same to Sir George Vane, who you may remember at the Committee betwixt you and John &illegible; and his Cavalier brother in Law, Mr. &illegible; where Sir Arthur (at Westminster in &illegible; last) &illegible; Chairman? I offered &illegible; Sir Arthurs face, and all the rest of his fellow Members to prove Sir George Vane a Cavalier; and to have been actually in Arms with the King &illegible; &illegible; &illegible; and also opened to Haslerigs &illegible; and the whole Committees, Haslerigs &illegible; and &illegible; &illegible; in the North, in contradicting the Orders of your Committee of Sequestration, and racing out of their Orders what he pleased in the case of Shadforth and your self, and putting in what he pleased, yea and against the Order and mind of the Committee would have &illegible; his particular Order to passe for your and Shadforths drawing stakes (to the great intentionall cheating and &illegible; of the Common wealth, after Shadforth was fully proved a Delinquent upon the 14. Articles, and to save himself had impeached you (who desired nothing but a fair and judiciall triall) to be another; of which false Charge, since as I understand, for all Haslerings and John Blastons power and malice; The present Juncto hath fully &illegible; you, which Shadforth by his meere will as I understand he hath since made a justice of peace &c. as also Colonell Francis Wren: who he himself knowes, was most &illegible; and &illegible; in the head of his Regiment in Scotland, cashiered, by his friend Cromwell for a &illegible; &illegible; &c. And all the he hath done as to me clearly appears, that he may rule and govern you by his will and pleasure, and have &illegible; in power that shall &illegible; to &illegible; him, or to tell tale, of him: of which rather then he will faile, hee will against his owne declared Principles, and the ‘Ordinances of Lords and Commons, yea the acts of the present Juncto make use of the notablest Cavaliers amongst you to be your principall governours, and more especiall Rulers and yet lately would have hanged me for but appearing corresponding with the Princes Agents, of which be &illegible; zealous to take away my life for that rather then he would fail, he &c. attempted to tribe and &illegible; false witnesse to swear against me: declaring bare correspondency with the Prince his Agents to be crime enough to take away my life, as is truly noted and declared before pag. 7. 8. 9. 10. ‘O brave Arthur; whom for his base and villanous wicked dealings with me &c. I hope not onely to scare but also really to scourge, and thereby put him into a greater fright, then he was in when the Earle of Stamford (a lesser man then himself) &illegible; him as he was going to his house nigh Istington, although he had his sword his side; of which a few days after like a poor cowardly School boy, with little better then his finger in his eye, he complained of to his Masters of Associates in the House of Commons.
And as for your desire in your letter, for me a few dayes to come downe, to look after my owne businesse my selfe.: I cannot but return you this answer. First, If I would I cannot, for I am not absolutely at liberty as you suppose, onely I have liberty upon the day time to go see my distressed wife and family, which I procured not upon a petition to the house ‘(as their Friday Newes-mooger Henry Walker that lying and base fellow with other falshoods about me hath lately printed) but upon a letter the Copy of which thus followeth.
My Lord and Gentlemen,
‘A Greater triall then ever I had upon me in my life, forces and compells me to bee troublesome unto you, or else I should not have presumed to have pat you upon so unwelcome an imployment as to make a publike Motion for a man so despicable and obnoxious to the eyes of the great men in present power as I am; but necessity hath no Law, and therefore I must acquaint you, that the over-ruling disposing hand of him (that without whose over-ruling providence, the meanest hair of my head shall not fall to the ground) hath so pleased to lay his visiting hand upon my eldest son by a violent &illegible; for this 3. weeks, and my selfe being very dear to the poor boy continually in his sickness to the exceeding spending of his spirits) CRYED OUT TO SEE HIS FATHER OR BEE CARRIED TO PRISON TO HIM, and upon Saturday was sevennight, my child being very ill all night, crying scores and some hundreds of times for his Father to come to him, the knowledge of which in the morning very much pierced the bowels of his tender mother, and supposing that if I could be got to come and see him, it might much refresh his spirits, and so case the child of some of his extremitie of pain, Upon Lords day after in the morning in little better then half a distempered condition, the posted away to Mr. Holland to Sommerset house, and with teares begged him to get me two or three daies liberty upon my Paroll to come and see him, knowing he had if he pleased power enough to get it done, and have once again and again sent to him, but all in vain; Truly &illegible; I have often mused upon that saying of the Spirit of God, Prov. 12. 10. That the &illegible; &illegible; of the wicked are &illegible; but that the tender mercies of men professing God, &illegible; and a publike Reformation of tyranny and cruelty, should be so fail of &illegible; as to TORMENT THE POOR CHILD, FOR THEIR INDIGNATION AGAINST ME HIS FATHER, is that that &illegible; me and amazeth me, and makes death more desirable to me (fully knowing in &illegible; &illegible; &illegible; beleeve) then to &illegible; under such mens Government. Sure I am the BISHOPS in the days of the highest of Lands Tyranny, had more bowels of &illegible; &illegible; to men in my case, as I could instance; and all my torments suffered by &illegible; I can never equall to this. But how-ever, I must be patient, although my poor &illegible; lain in the height of torment till this afternoon, with His Absent Father Continually In His Mouth, so long as he had strength to speak of me, &illegible; whose sorrows and miseries, with both my other childrens falling sick upon Sunday &illegible; of the small Pocks (the youngest of which sucks its mothers brests) hath so overwhelmed her spirits, that yester-night it brought her close to deaths doo; Of which, when I understood to day, I posted away to you four, to Beg And Beseech You, or any one of you, at this great strait, to make a Motion openly in your House, &illegible; little liberty for me to go see my distressed Wife and Children. I Confesse I Should Not Have Put You To Such A Trouble For The Saving Of My Ovvn Particular Life, “But your House being risen, &illegible; messenger brings me tidings of the death of my poor babe, and the exceeding &illegible; ‘of my Wife, and her exceeding desire to see me in her great distresse. Therefore I earnestly beseech you, as bowels of men dwell within you, to make an effectuall and speedy Motion in your open House, for a few dayes liberty for me to go see my distressed Wife, giving satisfactory Security to the Lieutenant of the Tower for my faithfull return at the hour appointed. Make your own terms as strict as you please; For Though I Lie In A Dungeon In Fetters Of Iron At My Coming Back, “I care not, so I may but see her. So, with my reall Service presented to you all four, craving your pardon for my troubling of you for a Motion in your House, which I know cannot be pleasing to you, I take leave to rest,
Sirs,
Your affectionate and hearty Friend and Servant.
From my close Imprisonment
in the Tower of London,
this 17 of July, 1649.
JOHN LILBURN.
Upon the delivery of which said Letter to Col. Henry Martin, (the other three which it was directed to, being out of Town) he procured this following Order.
ORdered by the Commons assembled in Parliament, that the Lieutenant of the Tower of London, permit Lieut. Col. John Lilburn to go out of the Tower, to visit his Wife and Children, being sick, upon such security (as the Lieutenant of the Tower shall think &illegible;) &illegible; render himself again to the prison of the Tower.
Henry Scobel Cler. Parliament.
Secondly, Being as I am, although my not coming down would lose me six times as much as Haslering hath a reads &illegible; upon; yet could I not be &illegible; in my own spirit (against the dictates of which I &illegible; &illegible; go for all the world) to addresse my self to those men for liberty to come down; no, nor so much as give my consent that any other &illegible; do it for me.
But thirdly, If I were absolutely at liberty, I should &illegible; judge it either wisdom or discretion, to come immediately under the armed power of a man that hath so thirsted after my blood, and dealt so illegally and &illegible; with me as Haslering hath done, in the face of the throng of my friends: and without all question he that at London (where I have more friends then Haslering himself) will not stick to run the hazards of going so many indirect wayes to work, to take away my innocent life, will make no bones (himself) to knock my brains out, could he catch me in the &illegible; clutches of his armed &illegible; power at New-castle, far off from the throng of my friends. So with my true and obliged love and respect presented to your self, and my Ant your second self, I heartily commit you to God, and rest:
From my Imprisonment in
the Tower of London,
this 18 of Aug. 1649.
Your faithfull and affectionate loving Nephew,
JOHN LILBURN.
FINIS.
Endnotes
[(*) ] See notably to this purpose in the 2 p. instit. fol. 48.
[(*) ] Peruse carefully I intreat you the quotations in the 6 and 8 pages of my forementioned impeachment of high Treason against Cromwel, as also the 12 and 15 pages of the 2 edition of my forementioned book, dated the 8 of June 1649. Intituled The Legall fundamentall liberties, &c.
[(*) ] And their warrants since for my close imprisonment, &illegible; thus (without any cause or crime expressed in them Die Mercuri) 9 of May 1649 Ordered by the Commons assembled in Parliament, that there be restraine upon all persons from comming to Lieu Col. John Lilburne, M. Thomas Prince, M. William &illegible; and M. Richard Overton, except their wives and children and necessary servants, Hen. Scobel Cler. Parlie. and then the 12 of May 1649. It is Ordered and Resolved that we all four be &illegible; at close Prisoners, apart &illegible; from another in severall lodgings in the Tower, but he were wise that knew wherefore.
[(*) ] See the Act of his Attainder which saith, that he is impeached of high treason for endeavouring to subvert the ancient and fundamentall lawes and government of his Majesties Realmes of England and Ireland, and to introduce &illegible; Arbitrary and Tyrannicall government against law in the said Kingdoms, and for exercising a &illegible; and &illegible; power over and against the lawes of the said Kingdoms, over the Liberties, estate, and lives of his Majesties Subjects, for which he is adjudged and &illegible; of high Treason, and shall therefore suffer the paines of death, and losse of his estate. See this at large in the peoples &illegible; pag 29.
[(*) ] Which very language is now growne so common amongst them, that their little Beagles commonly yelp it out; See Master Prinnes Book, called a legall vindication of the Liberties of England against illegall taxes and &illegible; Acts of Parliament, lately enforced on the people, pag. 1
[* ] Whose legal interest thereunto is thus: Nicholas Young Esquire, had a Patent from Bishop &illegible; about 30 yeers since, confirmed by the Dean and Chapter of Winchester (which is unquestionably good in Law) for the keeping of the Manor of Winchester House in Southwark: and not only so, but also for his life to enjoy all the profits, benefits, &c. of the said Manor house, gardens, orchards, and all things thereunto belonging, as is largely set forth in the said Parent: All which, upon speciall view of Youngs Evidence by a select Committee of Parliament, hath been since solemnly confirmed by an Ordinance of a full, free and unquestionable Parliament about five yeers agoe; which Ordinance &illegible; Devenish to pay Young as his tenant, for his unquestionable, legal and confirmed right in the said house 52 l. &illegible; &illegible; for the bare Manor House; reserving unto the said Young as much besides, as was worth about as much more per annum: all which right the said Devenish bought for money of him, and M. Iohn Cook drew up the conveyances; who both often told me, Devenish his right was as good as either Law or Ordinance could make it: of which Devenish I took a Lease for three yeers, in case Young lives so long, for as much as I am to pay 18 l. per annum: and yet by force of arms, without any manner of proceedings at Law, by the command and wil of the said Trustees &c. we are dispossessed of our just and legall possessions by the stands of the Sheriff of Surrey, who (if we could enjoy any Law, as in the least we cannot) is liable to repay all our &illegible; &c. But for my part, seeing I live in a Land where Law and Justice is in word, professed, I am resolved as soon to part with my heart blood, as in silence, slave and vassal-like, part &illegible; my legal and unquestionable right and possession, although the Trusted, have lately sold it (as it is said) to M. Walker of Newington; which they have no more right to do, then so many theeves have to sel the clothes of my back O brave independent Justice! more abominable in their ways and doings, then all the corrupt Interest that pretendedly for tyranny they have pulled down.
[|| ] It was well said in a Speech against the Ship-mony Judges, Take from us (as the said Judges by that Judgment had done) the propriety of our estates, our subsistence, and we are no more a people: Speeches and Passages of Parliament pag. 271.
[**) ] The punishment of Conspirators saies Cook in his 3. Part Inst. f. 122 is fivesold, 1. That their bodies shall be imprisoned in the Common Goal. 2. Their Wives and children a moved out of their houses. Thirdly, that all their Houses and Lands shall be seized into the Kings hoods, and the House wasted, and the Trees extirpated. Fourthly, All their goods and chartels forseined to the King. Fiftly, That they shall lose the freedom and franchise of the Law. That is, 1. They shall never be of any jury, or recognisers of assize. 2. Nor ever be received for a witnesse in any case. That they shall never come into any of the King Courts, but make Attorney, if they have anything to do there; so this in called a villanour indictment (in the 24. 5. 3. f. 33. & 27. ass. 33.) because of the villany & insamy, which they deserve against whom it is given, and all is in &illegible; by the Common Law. See also f. 143. 153. See also more to this purpose, 1 part. Inst. fol. 294. and 2. part Insist. f. 130, 237, 238, 562.
[(**) ] Mark Haslerigs wicked, and bloodthirstiness after our innocent lives.
[(a) ] Yea an Agent of the said Haslerigs and Cromwels called Richard Arnold a Hopman at the Blue Anchor in Thames Street neer Billingate, and a Member of the Knavish Conspiracy called Mr. John Geo Iwins Congregation, upon the Exchange about the time that the Juncto’s new Treason trap came out, gave his Instruction to Justice Cooper in Southwark, under pretence of friendship to come and visit us on purpose by discourse to insnare us, and so to bear witnesse against us, of which one that heard the Instructions given, out of conscience of our integrity against his particular Interest, came to the Tower and told us all, how and by whom, Major, or Justice Cooper was appointed to come, the time when, and also the Subject and manner of his discourse, who accordingly the next day came accompanied with our &illegible; friend Justice Hist. once of Southwork, &c. and Cooper especially demeaned himself exactly according to his Instructions foretold to us; but being forewarned of his intended villany, and Arnolds plot to take away our lives, we were fitted for them, and within a few dayes after, we sent for Cooper, and before divers honest people, opened to his face all Arnolds bloody designe upon us, to both their insamy and shame.
[(*) ] And yet a greater Judasly villaine, never breathed upon the earth.
[(*) ] Its a common saying a &illegible; lier had need of a good memory, which Verney wonts; for at this time Scroops Regiment was &illegible; Salisbury in Rebellion against their Generall and Officers.
[(*) ] And yet as the same time had Bradshaws and Frosts Commission to write this Letter, O pure Rogue!
[(*) ] The answering of which in any &illegible; had apparently hazarded my life.
[(**) ] Read carefully for illustration hereof my Law-quotations in the Marginall note of the six: page of the &illegible; Impeachment of High Treason against Oliver Cromwel and his Son in law Henry Ireton.
[* ] “Where, I very well remember, Sir Arthur Haslerig was one of my zealous and forward Judges; and when Warned James &illegible; came to the &illegible; of the Court of Wards, and brought Master &illegible; &illegible; Councellor to plead for the Lords, and in excuse of himself, who &illegible; insisted in a high manner upon the orders and decrees of Star-Chamber, upon which I very well remember Sir Arthur with a great deale of indignation said unto &illegible; I value not a Decree of the Lords in Star-Chamber a &illegible; if the not expresly according to the tenor of their commission the Law, and I further tell you it is a ridiculous thing Sir to summon Parliaments to meet together to make Laws, if the Lords decrees in Star-Chamber against law should be binding; and therefore, although you have proved for your Clyant Master Ingram that the Lords in open Court (the Court sitting) commanded him on the Pillory to &illegible; Master Lilburne yet for speaking against them, I tell you by law that order ought to have beeen in writing according to the custom of the Court, which you confesse it was nor, and therefore Master Ingram must smart for his executing of orders on M. Lilburne made illegally.
[(*) ] Whose very words all are recorded by M. John Cook in his printed Relation of that dayes proceedings before the Lords, who in the 3 page thereof upon the reading of the Star-chamber sentence against me, most truly recites Mr. Bradshaws observations in these very words; viz. that the said sentence was &illegible; guilty of its own death, the ground whereof being because Mr Lilburne refused to take an oath, to answer to all such questions as should be demanded of him; It being so &illegible; to the Lawes of God, Nature, and the Kingdom, for any man to be his own &illegible; and yet the same Mr. Bradshaw after he hath most illegally taken away the Kings life and &illegible; his hands in his blood: commits me then to prison for suspition of Treason, meerely for refusing to answer to a question that he himself demanded of me, as fully appears in the 2 edition of my picture of the Councell of state pag 10. 11. 16.
[|| ] “See notably to this purpose those pregnant instances in my Epistle to my nick named Levelling friends, usually meeting at the &illegible; in &illegible; behind the Exchange, dated From my close imprisonment in the Tower of London, the 17 of July, and recorded in my Impeachment of high-Treason against Oliver Cromwel, &c. pag. 6. 7. 8.
[(**) ] ‘But the Lord Roberts, the Lord Wharton, &c. told mee severall times, if their estates had not been under Sequestration by Ordinance of Parliament, they would never have gone about to fix my reparations by Ordinance (which they must needs then doe to take off the Sequestration) but have issued out a decree and extent under the great Seal immediately to have put me in present possession of my 2000 l. which they said was their right by Law to doe.
[(*) ] ‘Viz. the Earle of Salisbury, but especially old Sr. Henry Vane that notorious and guilty Traitour, that betrayed all the North of England to the Earl of New-castle, the particulars whereof you may at large read in Englands birth-right pag. 19. 20, 21. and in my Resolved &illegible; Resolution, April 1647: pag. 14. 15, 16. 17, 18. See also the &illegible; Edition of my picture of my fore-mentioned book of the right of June 1649: pag. 19. 20. and the Impeachment of high Treason against Cromwell. pag. 6.
[(*) ] ‘Read carefully Mr. Iohn Cocks most remarkable aggravations in his fore-mentioned relation of my sufferings at the Lords bar &illegible; 13. 1645. p. 8, 9.
[* ] Yet I have &illegible; that &illegible; it with justification, as you may clearly and fully read in the second Edition of my book of the eighth of June, 1649. Intitulled, The legall fundamentall Liberties, &c. p. 23, 24, 25, 26, 27. 28, 29, 30. &c.
[* ] The speedy doing of which they both publikely and privately, as solemnly promised and ingaged to perform as almost it was possible for men to doe, &illegible; clearly you may fully read in their two last forementioned Declarations, but especially that of the reasons of their last advance to London, which being but &illegible; I have herewith sent you, and intreat you most seriously to peruse, as a cleare and everlasting testimony against their present wretched and apostatized basenesse.
[* ] And therefore for the Committee of Durham, who by this Ordinance stand ingaged to pay me my 3000. l. according to the tenure thereof, to suffer Sir Arthur Haslerig [that drama member of their Committee, and so by consequence hath no more to doe amongst them then any other man] by his meer will just tyrant like to take my money.
[* ] Sir Arthurs very excize of coles alone in the two Ports of Newcastle and Sunderland, being commonly by the knowingest Ship-masters, &c. computed to be worth wel nigh a hundred thousand pounds per annum.
T.209 (6.23) Six Soldiers (John Wood, Robert Everard, Hugh Hurst, Humphrey Marston, William Hutchinson, James Carpe), The Levellers (falsely so called) Vindicated (20 August 1649).↩
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ID NumberT.209 [1649.08.20] (6.23) Six Soldiers (John Wood, Robert Everard, Hugh Hurst, Humphrey Marston, William Hutchinson, James Carpe), The Levellers (falsely so called) Vindicated (20 August 1649).
Full titleSix Soldiers (John Wood, Robert Everard, Hugh Hurst, Humphrey Marston, William Hutchinson, James Carpe), The Levellers (falsely so called) Vindicated, or the Case of the twelve Troops (which by Treachery in a Treaty) was lately surprised, and defeated at Burford, truly stated, and offered to the Judgment of all unbyasses, and wel-minded People, especially of the Army, their fellow Souldiers, under the Conduct of the Lord Fairfax. By a faithful remnant, late of Col. Scroops, Commissary General Iretons, and Col. Harrisons Regiments, that hath not yet bowed their knee until Baal, whose names (in behalf of themselves, and by the appointment of the rest of their Friends) are hereunto subscribed.
Estimated date of publication14 May 1649.
Thomason Tracts Catalog informationTT1, p. 744; Thomason E. 571. (11.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
IT IS wel known, and yet fresh in the publike memory, with what monstrous and hateful defamations, as Anti-Scripturists, Libertines, Atheists, Mutiniers, Levellers, &c. we have most falsly and maliciously been deciphered out to the people and Army, on purpose to bury us under the rage and odium of our fellow-souldiers; and utterly to blast, and prejudice the common acceptance, against our late, lawful, and consciencious Undertaking: And seeing the equity of all transactions is most commonly measured by the event, and success that befals them; few considering how God many times suffereth unjust men to prosper, and spred themselves in the world, like the Green Bay Tree; and the just (for their correction and proof) to be subdued and trod under foot for a season. We are thereby at so great a seeming disadvantage amongst men, That in every thing we are fore-spoken, our truths (how palpable and evident soever) are rendred as incredible, and regardless, strength and power being on their side to countenance their actions, our enemies over awing all judgments, and forcing by the might of their lawless Sword, a credit or subjection to their own most perfidious and deceitful ways; so that, as for the fruit or success that we expect, we could still have sat in patience, and not have uttered a word, but the dishonest and treacherous dealings received, with the woful ruine of the Nation, therewith sustained in ours (evidently appearing) do so boyl at our hearts, and so prevalently press upon our consciences, that we are not able longer to rest in silence; but let the hazard to us be what it will, we shall so far presume upon the publike view, as faithfully and impartially, to set down the true state and maner of our whole proceedings in that our late undertaking, hitherto most falsly and deceitfully represented by the ruling Faction of the Army, and so leave the same to the judgment and timely consideration of all honest and consciencious people, especially of the Army, our fellow-souldiers, under the conduct of the Lord Fairfax, and amongst them in a special maner, all those that really in judgment and conscience, took up Arms for the Rights and Liberties of their Native Country, as the whole Army in their Declaration of the 14 of June, 1647. declare they all did. Thus then understanding, that we the Souldiers of Col. Scroops Regiment, and others, were allotted for the service of Ireland, without our consent; or of any of our fellow-souldiers in Counsel for us, we fell into serious debate (as in reason and honesty we could do no less, considering likewise our late solemn Engagement), whether we could lawfully, in safety to ourselves, and our own Native Rights in England, submit unto that forraign Service, or no? And finding by that our old solemn Engagement at New Market, and Triplo Heaths, June 5. 1647. with the manifold Declarations, Promises, and Protestations of the Army, in pursuance thereof, were all utterly declined, and most perfidiously broken, and the whole fabrick of the Common-wealth faln into the grossest and vilest Tyranny that ever English men groaned under; all their Laws, Rights, Lives, Liberties and Properties, wholly subdued (under the vizard and form of that Engagement) to the Boundless wills of some deceitful persons, having devolved the whole Magistracy of England into their Martial Domination, ruling the people with a Rod of Iron, as most mens woful experience can clearly witness; which, with the consideration of the particular, most insufferable abuses and dissatisfactions put upon us, moved us to an unanimous refusal to go, till our Conscience were discharged in the faithful fulfilment of our said Solemn Engagement to our Native Country; in which Engagement, we were expressly and particularly obliged against the service of Ireland, till full satisfaction and security were given to us, as Souldiers and Commoners, by a Councel of our own free Election, according to the rule and tenor of that Engagement, recorded in the Armies Book of Declarations pag. 23, 24, 15, 26, 27. Whereupon we drew up a Paper of some Reasons, by way of Declaration, concerning our said refusal, to deliver to our Colonel; unto which we all chearfully subscribed, with many of our Officers (especially Cornet Den, who then seemingly was extream forward in assisting us to effect our desires) which being delivered a day or two after, immediately our Officers caused a Rendezvous near unto Salisbury, where they declared, That the General intended not to force us, but that we might either go or stay; and so testifying our intents to stay, we were all drawn into the Town again, and the Colonell, with the rest of the Officers, full of discontent, threatened us the Souldiers; and because we were all, or most of one minde, he termed our Unity a Combination, or Mutiny; yet himself upon our request to know, told us, That he could not assure us, that he would go. Which fore-mentioned Paper, with a Letter, we sent to Commissary General Iretons Regiment, who took it so well, That they were immediately upon their march towards our quarters, to joyn with us, for the making good of their and our Engagement, which we, they, and the rest of the Army had engaged at New-Market and Triplo Heaths.
After this, all politike means that could be thought upon, Were put in practice to work us off from our Resolutions, as severing the Troops, and dealing with them apart, not suffering the Souldiers of one Troop to come to any of the other, employing Agents and Preaching Officers from Troop to Troop, to work us to that Service; and craftily, and lyingly, telling each Troop, That the other Troops were listed for the Irish Service, surrupticiously to overreach, and gain us by that deceit. A crime they most maliciously fix upon others, whom they would make the world believe drew us to that undertaking, as in their Declaration of their proceedings against us, published last May 22. is to be seen, where page 6. speaking scandalously of some persons, naming none, yet strongly implying our four worthy Friends in the Tower, they say of them, That they sent their Emissaries and Agents into all parts, pretending from one Regiment to another, that each Regiment had declared, That so by that Artifice, they might draw each to declare. To the Forces in Wales, and the west, they gave assurances, that the forces about London would revolt; to those about London, that those in Wales, and the west, would do the same. Thus to shroud their own vileness, and to effect their own evil ends, they are not sparing to blast innocent persons with their own wicked devices themselves are so apparently and foully guilty of; and yet wipe their mouths, as if no speck or stain were upon them, and raise the report upon others.
All those devices working nothing upon us (there being no satisfaction given to our just exceptions) our Colonel fell to violent threats, and commanded us to put our Horses in a Field two miles from our Quarters; which though at first we did, yet finding the bitterness of his spirit to encrease, and that upon his information, That the General, and Lieutenant General were preparing a force against us: what could we do less, then put our selves into the best posture we could to preserve our selves, which we immediately did (and in this no man was more forward, and violently earnest, then that perfidious Apostate, Cornet Den.) And for our justification therein, we need go no further then their own words in the Armies Declaration of the 14 of June, 1647. where to justifie their own opposition and rebellion to the Orders of a full, free, unforced, unravished and [Editor: illegible word] purged Parliament, they tell us, That the Parliament hath declared it no resisting of Magistracy, to side with the just principles, and Law of Nature and Nations, being that Law upon which the Army assisted; and that the Souldiers may lawfully hold the hands of the General that will turn his Cannon against his Army, on purpose to destroy them.
This being done, we had further Intelligence of the greatness and speediness of the Generals preparations against us, and that, Though what we had done, did not amount to so much, as the Army had formerly done at Saffron Walden, upon the Parliaments commanding them for Ireland, yet were we strangely represented to our fellow Souldiers, by the Lieutenant General in Hide Park, under the notion of Mutiniers, Levellers, and denyers of the Scriptures, of purpose to make them engage against us; [Missing marginal note: Though none act more directly against the tenor thereof then themselves, as is too manifest by their frequent breaking of all Faith, and Premises, making nothing of Treachery, dissembling, yea, and lying too (which is not once to be mentioned amongst Saints, as they would have men think of them.) O abominable Hypocrites I know ye not, that dissembling Piety is double Iniquity; but we fear, while ye pretend to Scripture, ye believe neither it;, nor the Resurrection: For if ye did, ye would not condemn the Innocent, against Knowledg and Conscience, of those things your selves are guilty. Repent betimes, or else your portion will be with Hypocrites.] so that now we saw, there was no way of safety left us, but by standing upon our Guard, and capitulating with our Sword in our hands, being encouraged thereto, as well by our own innocency, and the equity of those things, upon which we had grounded our Resolutions: As also for that we could not think our fellow Souldiers of the Army, who with us engaged at New-Market Heath, would fight against us, for upholding the said solemn Engagement, wherein they were equally concerned and obliged with us, both as Souldiers and Commoners to each other, to us, and the whole Nation, with whom it was made. But indeed, this Treacherous Tragedy was principally managed and acted by (that Turn Coat) Reynolds, and his Regiment; who for the most of them were strangers to that Engagement. A Company of Blood-thirsty Rogues, Murderers, Theeves, High-way-men, and some that were taken in Colchester, and such as were cashiered out of other Regiments, for high misdemeanors, being entertained therein. And these were the men principally designed, and to be trusted against us, as most fittest to fight for the truth of the Scriptures, and such Saints as the Lieutenant General. [Missing marginal note: These are of the men that usually asperce the Peoples best Friends with such Language as Atheists, Levellers, Anti-Scripturists, and who lives more like such, then they? for it is they who ruine all, and destroy Propriety, by their Arbitrary and Lawless Power; and who more like Jesuites then themselves for crafty Policy, Lying, and Treachery? and certainly these be the effects, or fruits of Atheism: For by their works you shall know them.]
But to return. Hereupon our Officers leaving us, we choose new ones, and disposed of our Colours, and immediately drew up a Declaration, wherein we signified the Resolutions of the General (upon our refusal to go for Ireland) in a slight and unworthy maner to disband us, after our so many yeers hard and faithful Services; which we then knew to have been practised upon many of our fellow Souldiers in Colonel Huesons, and Cooks Regiments; and thereupon, we resolved to stand to our former Engagements made at New-Market; which the proceedings of the General and our Officers, did expressly contradict and make voyd. This Declaration was publikely read at our Rendezvous in old Sarum, where four Troops of Commissaric General Iretons met us, and unanimously assented to by both Regiments: whereupon our conjunction we advanced to Marlborough, and so to Wantage, where Commissioners from the General met us, to wit. Major White, Captain Scotten, Captain Peverill, and Captain Lieutenant Baily, with whom that day we did nothing, but agreed to meet at Stamford Green, the next morning by eight of the Clock, where we were all according to appointment, but the Commissioners not coming, we marched out of the field, on our way towards Abbington; and as we were upon our march the Commissioners came posting after us, and we presently made a Hault; then they overtaking us, and told us, They had Order from the General, and Lieutenant General, to heare our Desires, and endevor the Composure of our Differences; then they read a Letter unto us from the General, which took but little effect upon our Spirits; and so marching a little further, two of Col. Harrisons Troops, to wit, Cap. Pecks and Captain Winthrops were marching to their Quarters, where Cornet Den and divers others met them, And read a Declaration to them, and used many glorious invitations of them to desire them to come and joyn with us, making appeare the lawfulnesse of our cause, telling them that we were resolved to stand to our first principles, and that if there were but ten men that would stand for those just things, he would make the eleventh, with divers such like expressions, the two Troops being very willing to be satisfied in the lawfulnesse of the engagement, telling us they were marching to Thame, and the next morning we should know their resolutions: But as we were marching back againe, before we were half out of the field, we spied a partie of horse, which it seemed was the Apostate Reynolds with his mercenary damme crew (such as in our hearing most desperately swore, That if the Devil would come from hell and give them a groat a day more then the State, they would fight for him against the Levellers or any others) well, upon, this we drew out a Forlorne hope, and thereupon two Troops of Colonel Harrisons marched with us towards them; they retreated towards New-bridge and kept it by force against us, but we unwilling to shed blood, or to be the original occasion of a new war (though they have often branded us with it as if we wholy fought it) but our actions did then cleerly manifest the contrary; for we seeing Souldiers, coming in a Hostile manner against us as aforesaid, did meet them, having forty or fifty of them at our mercy, and could have destroyed them, for we had them two miles from the foresaid bridg, but we did not then in the least offer them any violence or deminish a hair of their heads, but let them go to their body againe, and withall marched to a Ford, because we would not in the least be an occasion of any blood-shed; and having marched through the Ford into the Marsh on the other side, we called our Councel together, who referred the appointment of our quarters to Lieut. Ray, and Cornet Den, who designed us for Burford, where being in the Treatie with the Commissioners, and having intelligence, that the General and Lt. Generall were upon their march towards us, many of us severall times, urged to Major White, and prest upon him, that he came to betray us, to which he replyed, That the Generall and Lieutenant Generall had engaged their Honours not to engage against us in any Hostile manner till they had received our Answer, no not so much as to follow their Messengers or Commissioners with force, and being too credulous to the Generals words, knowing that he never broak ingagement with the Cavaleers in that kind; We gave the more credit to the Major, who seemed extream forward and hastie to make the Composure, pretending so far to approve of our standing for the things contained in our engagement at Triplo-Heath, that himself with our consents drew up a Paper in Answer to the Generall for us, so fully according to our desires as that it gave us satisfaction, so that the Agreement betwixt the Generals Commissioners and us, seemed to be even concluded and at an end; And for full satisfaction take Copie of the said Letter which is as followeth:
Wee are your Excellencies Souldiers, who have engaged our lives under your Excellencies conduct, through all difficulties and hazards in order to the procurement of Freedom Safety and Peace to this Nation, and our selves as Members thereof, and being lately designed by lot to be divided, and sent over into Ireland for the prosecution of that service, in order to the Peace and safety of this Common-wealth, which we think necessary to be performed, but looking back to take a view of our former proceeding, we finde that we cannot in conscience to ourselves, in duty to God, this Nation, and the rest of our fellow souldiers undertake that service, but by such a decision as is Agreeable to our solemn Engagement made at New-market Heath, the 5 of June 1647. where we did in the presence of God, with one consent solemnly engage one to another, not to disband nor divide, nor suffer our selves to be disbanded nor divided, Untill satisfaction and security was received by the judgment of a counsell consisting of two Officers and two Souldiers together with the Generall Officers that did concur, such satisfaction and security as that engagement refers unto; And being now departed from our obedience to you because you keep not Covenant with us: yet we shall not in the least harber any evill thought or prejudice against you, nor use any act of hostility, unlesse necessitated thereunto in our own defence, which we desire God to prevent; All that we desire (and we speak it in the presence of God, who knowes our hearts) is, that your Excellency will call a Generall Councell according to the solemn Engagement. In the judgment whereof we will acquicsse, and refer ourselves to them to take an account of our late actions. This being assured we will every man with cheerfulnesse returne to our obedience, and submit to your Excellency and the judgment of that Councell in all matters that concern us as Souldiers, or Members of this Common-wealth; this we beg of your Excellency to grant, out of the respect of your duty to God, this Nation, and the Army, that we may therby retain our peace with him and procure the happinesse of this Nation under him, which is the desire of our soules: If you shall deny us this, we must lay at your door all the Misery, Bloodshed and Ruine that will fall upon this Nation and Army; for we are resolved as one man by Gods assistance to stand in this Just desire, and although our bodies perish, yet we shall keep our consciences cleer, and we are confident our soules will be at peace; now till we have a full determination herein, we desire your Excellency will forbear all manner of hostility, or marching towards us for avoyding any inconveniencies that may come to our selves or the Country; these desires with affection being granted, we hope the falling out of friends will be the renewing of love, And we shall subscribe and manifest our selves your Excellencies faithfull Souldiers, and servants to this Common-wealth.
But to returne, during the time of treaty, white the Commissioners thus assured us all security, one of them, to wit, Captain Scotten privately slipt from us, and two others, to wit, Captain Bayley and Peverill left notes at every Town of our strength and condition, whilst Major White held us in hand, and told us, that if they fell upon us, he would stand between the bullets and us: So that when notice had been sufficiently given, and we with all the meanes that could be used, wrought into a secure condition at Burford, and after the setting of our Guard, which was commanded by Quarter-Master More who was thereupon appointed, by his Brother Traytor, Cornet Den (who himself) since his coming to London hath avowedly declared to Ma. W. W. to this effect that his beginning, and continuing with the Burford Troops was out of premeditated and complotted designe, that so at last he might the easier bring on their destruction, holding all the time he was with them, correspondency with the Generalls creatures, which said Quarter-Master More after he had set the Guard in this slight manner, and possest us with as much security as he could, and under the pretence of going to refresh himself and horse, did most villanously and treacherously leave the guard without any Orders, and himself in person posted away to the Generals forces and brought them in upon us, marching in the head of them with his sword drawn against us; And Quarter-Master More being afterward called Traitor by some of the Souldiers, Cap. Gotherd of Scroops Regiment made answer, he was none, for that he did nothing but what he was sent to do; so that most Treacherously, that same night the Generals forces came pouring on both sides of the Towne of Burford, where we had not been above three houres, swearing, Damme them and sink them, and violently fell upon us, and so by a fraudulent and Treacherous surprize defeated us, not expecting it during the Treatie, especially from them with whom we had joyned these seven years for the defence of Englands Liberties and Freedoms, and though divers of us had faire quarter promised us by Colonel Okey, Major Barton and the rest of the Officers then with them, as that not a hair of our heads should perish, yet did they suffer their souldiers to plunder us, strip us, and barbarously to use us, worse then Cavaliers, yea Cromwell stood by to see Cornet Tomson, Master Church and Master Perkins murthered, and we were all condemned to death, although Colonel Okey, Major Barton and others of the Grandees had ingaged that not a hair of our heads should perish, when they surrendred themselves unto them, Tompson being then at the head of a party of two Troops of horse, and the other with their fellow Souldiers made good their Quarters while they had the conditions promised them, and then Cromwel after this horrid murther was committed upon the three forementioned, contrary to Okeys, Bartons and others of their promises at their taking them, came to us in the Church, and making his old manner of dissembling speeches, told us it was not they that had saved our lives, but providence had so ordered it, and told us that he could not deny but that many of the things that we desired were good, and they intended to have many of them done, but we went in a mutinous way, and disobeyed the Generals Orders; but withall he told us that we should not be put off with dishonourable terms, because we should not become a reproach to the common Enemie: but we desire all unbyassed men to judge, whether ten shillings a man, and a peece of paper for seven years Service, be honourable terms: the paper being good for nothing but to sell to Parliament mens Agents, who have set them at work to buy them for three shillings, or four shillings in the pound at most; and we are forced to sell them to supply our wants, to keep us from starving, or forcing us to go to the high way, by reason they will not pay us one penny of our Arrears any other way but by papers, that so they may rob us and the rest of the Souldiers of the Armie of their seven yeers Service, to make themselves and their adherents the sole possessors of the late Kings Lands for little or nothing: and for ought we know, the moneys they buy our Debenters withall, is the money the Nation cannot have any account of. But this their dealing is not onely so to us, whom they pretend disobeyed their commands; but they dealt so basely by other Souldiers who never resisted their unjust Commands, as we beleeve no age can parallel: For in the first place, they turned them off with two months pay. Secondly, they have taken away three parts of their Arrears for Freequarter, though the Country (whose victuals, grasse and corn they eat) be never the better; and do also force them to sell their papers at the rate aforesaid. And deer fellow-Souldiers, think not, because you are in Arms a little longer then we, that you shall speed better then we, which they have disbanded before you; but be assured, that when they have their own ends served on you, as they have already on us, you shall have as bad conditions of them, and may be, worse, if it be possible, then we have had before you; and may also reward you for your good services, by raising a company of mercenary Rogues to cut your throats, as they did trayterously to cut ours at Burford.
But to return, from this sad and long digression: by this their serpentine craft, and our own over credulous innocency, we were overthrown, and our hopefull beginnings for the rescue and deliverie of our selves and the nation from thraldome, blasted and destroyed; and then utterly to break and dash in pieces our spirits, and in us all Assertors of the Freedoms of England, and to put an utter inconfidence and jealousie for ever amongst such upon all future engagements, they made that wretched Judas Den, to that end their pandor and slave: they pretendedly spare his life after his condemnation to death, although now upon good grounds and intelligence, (yea partly from his own confessions as is noted before) we doe beleeve that from the beginnings of our proceedings, he was their appointed Emissary (as well as the forementioned Quartermaster) to be most zealous and forward of any man for us, the better to compasse our ruine and lead us like poor sheep to the slaughter; they enjoyne Den, to preach Apostacy to us in the Pulpit of Burford Church, to assert and plead the unlawfulnesse of our engagement, as much as before the lawfulnesse to vindicate, and justifie all those wicked and abhominable proceedings of the Generall, Lieuetenant Generall and their officers against us, howling and weeping like a Crocadile, and to make him a perfect Rogue and villain upon everlasting Record, to which like the most abhorred of mankind to bring about their pernicious ends upon the people, he willingly submitted, and to this end published a Recantation paper fraught with lies, infamies and most Trayterous assertions of an arbitrary power evidently tending to the introduction thereof upon this Nation in the persons of the cheife Leaders of the Armie, and in that paper at the advantage of this wicked and treacherous overthrow of ours endeavoured to bury our sollemn Engagement at Newmarket heath in our ruines, as if long since cancell’d and of no longer force or obligation, pretending that by petition, we had call’d home our councell of Agitators and so dissolv’d our engagement at New-market heath, And so the Army absolved from all further observation thereof.
Now to this, is to be considered, that the said engagement was radicall upon the grounds of common freedom, safetie, and securitie to the Nation, and upon that account and to that end onely undertaken and solemnly made, and all righteous othes, vows, and covenants are indissolveble and of force till their full and perfect accomplishment; the Apostacy and defection of no man, though of him or those that vowes, or makes such oaths or engagements can absolve or untie them; and this no man that hath any spark of Conscience or Christianitie in him can deny. Therefore it was most deceitfully and corruptly urged, that the same power that gave it a being dissolved it; for till the vowes of that engagement be paid unto the people, it standeth firm and obligatorie, till then the gates of hell are not able to prevail against the being and obliging power thereof; and we are sure none can say, the genuine ends and intents of that engagement are yet obtained, but a thousand times further off, then at the making of that vow: besides, as that engagement enjoynes, what securitie or satisfaction to their private or publick rights, both as Souldiers and commoners, have we or the rest of our fellow souldiers yet received from a councell consisting of two Souldiers chosen out of every Regiment, two Commission officers with such Generall officers onely as assented to that undertaking, when or where was it? Indeed had such a Councell so concluded, and we the souldiers by our unanimous testimony and subscription (as we did to our engagement) testifie our satisfaction, there might have been some plausible pretence for its dissolution; but to this day it is evident to the whole world that no such thing hath been, and this was the expresse letter and intent of that New-market engagement; and to urge a petition for recalling the Agitators is a blind excuse; for put the case that there hath been such an one, and that of generall concurrence yet could it not detract or any way diminish from that righteous engagement; though the defection and subscription were both of Generall, Officers and Souldiers, yet the foundation of that Vow standeth sure to us all, it is immovable till its own proper end, viz. the accomplishment of the righteous end therein contained, affix its period: which we earnestly desire, may be conscienciously and seriously laid to heart by all our fellow souldiers in solemn covenant with us; for there is a God that over-seeth, and one day (when there will be no Articles of War to prevent) will call us to a strict reckoning for the breach of our faith and vows one to another, and the Nation, and account with us for all the blood, ruine, misery and oppression that thereby hath ensued, and still dependeth upon that most monstrous Apostacie. That pretended Petition at that day will be found to be but a broken reed to lean upon, it will nothing abate of the guilt: and how-ever it is now highly urged to wipe off all worldly dishonour from the iron Rulers of our Age, we are not such strangers to the Army, if any such Army Petition were, as not to know it: Sure wee are, no such Petition can be produced from any single Troop, Company, or Regiment, much lesse from the Armie. And though some such endeavours were for the promotion of so wicked and vile an enterprise, and now as evilly made use of; yet it never fell under the cognizance of the Army, neither yet of any single entire Regiment, Troop or Company; and the Engagement by the Army was made as an Army, by unanimous consent, and therefore no otherwise dissolvable, but unanimously as an Army and that neither otherwise then righteously, after the tenour and true intent of that Engagement, as we have clearly evinced, and therein have discharged our Consciences: See further upon this Subject a late Book of Aug. 1649 Lieut. Col. John Lilburns, Intituled, An Impeachment of High Treason against Oliver Cromwell and Henry Ireton Esquires page 4, 5. See also the 40, 41, 42, 43, 81 pages of the second Edition of his Book of the eight of June 1646 Intituled The Legall Fundamentall Liberties of the People of England, asserted, revived and vindicated.
Thus we have truly stated the case of our late proceedings and differences betwixt our Officers and us, and hope sufficiently to beget a right understanding and approvement, especially with all honest and conscientious people, of the equity of our late undertakings: however to those that are and shall come after, we have published and left upon record a perfect view and Prospect of our condition, that if the present Perusers shall not, yet happily that those that are to come may be thereby provoked to consideration thereof, and equall resentment with us of the righteous ends of that now betrayed, deserted, Engagement of the Army, which we chiefly desire and expect at the hands of our Fellow Souldiers, that they may not longer like their Leaders be numbred amongst such as will not be limited or circumscribed within any Bounds, Engagements, Oaths, Promises, or Protestations, but levell, break, frustrate and throw off all, (as if no tyes betwixt man and man were to be on mankind) to bring about the corrupt ends of their ambition and avarice, as not only in this case of ours, but in all others of their publike undertakings since the beginning of the Armies Engagement is clearly manifest, and yet all their successes, and advancements over the People, gaind by their perjury, fraud, equivocations, treacheries and deceipts they ascribe to the immediate approving hand of God, and zeal over their delusions with the glorious exercise of Religious formalities to the eye of the People, by which a thick mist, as thick as the Egyptian darkness is lately come over the eyes of the greatest pretenders to true puritie and Religion, and many conscientious people therewith bewitched into the favour and approvement of their alone jesuitical, wicked, desperate and bloody wayes, even to the opposition and persecution of the most faithfull and constant promoters of, and sufferers for, the just freedoms of the Nation.
But in case our fellow Souldiers will not remember their vows, but still slight and desert the same, their sin be upon their own heads, we have discharged our selves; yet considering they may again possibly incline to their countries redemption (as labouring more under ignorance then willfulnes) we shall offer them and all others that bear good will to the Nation, what in reason and Equity is most conducing to a safe and well grounded peace amongst us, and which by its greatest Adversaries cannot be denyed but to be righteous and just, though contradictory to the lawless Lordship and ambitions of their Officers.
And first, We desire it may be considered, that our Hostile engagements against the late King, was not against him as out of any personall enmity, but simply and singly against his Oppressions and Tyranny on the People, and for their removall, but the use and advantage on all the successe God hath been pleased to give us is perverted to that personall end, that by his removall the Ruling sword-men might intrude into his Throne, set up a Martiall Monarchie more cruell, Arbitrarie and Tyrannicall then England ever yet tasted of, and that under the Notion of a Free State, when as the People had no share at all in the constitution thereof, but by the perjurie and falseness of the Lieutenant Generall and his Son in Law Ireton with their Faction was enforced and obtruded by meer conquest upon the People, a Title which Mr John Cook in his Book Intituled King Charles his Case &c. there confesseth to be more fit for Wolves and Bears then amongst men, and that such Tyrants that doe so govern with a rod of Iron, doe not govern by Gods permissive hand of approbation, and in such Cases its lawfull for a People to rise up and force their deliverance, See page 8, 10.
Now, rather then thus to be vassallaged, and thus trampled and trod under foot by such that over our backs, and by the many lives, and losse of our blood from us and our fellow-souldiers, have thus stept into the chair of this hatefull Kingship and presumption over us, in despight and defiance of the consent, choice and allowance of the free-people of this Land the true fountain and original of all just power, (as their own Votes against the Kingly Government confesse) we will chuse subjection to the Prince, chusing rather ten thousand times to be his slaves then theirs, yet hating slavery under both: and to that end, to avoid it in both, we desire it may be timely and seriously weighed.
That whereas a most judicious and faithfull Expedient to this purpose, hath, as A Peace-offering been tendered to the acceptance of the free people of England, intituled, An Agreement of the People, dated May 1 1649, from our four faithfull Friends, now close prisoners in the Tower of London, we cannot but judge, that that way of Settlement, to wit, by an Agreement of the People is the onely and alone way of attonement, reconciliation, peace, freedom and security (under God) to the Nation; it being impossible by way of Conquest to allay the feud, divisions, parties and Quarrels amongst us, which if not stopt, will certainly devour us up in Civil and domestick Broils, though we should have none from abroad; for the Sword convinceth not, it doth but enforce; it begetteth no love, but fomenteth and engendreth hatred and revenge; for bloud thirsteth after bloud, and vengeance rageth for vengeance, and this devoureth and destroyeth all where it cometh. And though our present Rulers have setled themselves, and their conquest-Government over us; yet are we farther from peace and reconciliation then ever: the discontents and dissatisfactions amongst the people in the Kings time, which at length burst into desperate Warr was not the hundreth part so great as the discontents that are now; and if so much did follow the lesser, can better be expected from the greater? never were there such repinings, heart-burnings, grudgings, envyings and cursings in England as now, against the present Governours and Government; never such fraction and division into parties, binding, biting, countermining and plotting one against another for preheminency and majority then now; and of all this nothing is the cause, but this way of force and martiall obtrusion: And can it be imagined such counterplottings, repinings and divisions can be with safety and peace? it is impossible: Insurrections, tumults, revoltings, war and commotions are the proper issues of the wayes of such violence, and no better is to be expected: none but intruders, usurpers and tyrants can be for the way of force; such as would be but servants to the people, and not make the people their servants, cannot but abhor it, and lay down their glory at the feet of the people: these (that now ramp and rage over us) were they other then Tyrants, could do no lesse: they draw near it indeed in words, but are as far as hell from it in actions; they vote and declare the People the supreme Power, and the originall of all just Authority; pretend the promotion of an Agreement of the people, stile this the First yeer of Englands Freedom, intitle their Government a Free State, and yet none more violent, bloudy and perverse enemies thereto; for not under pains of death, and confiscation of lands and goods, may any man challenge and promote those rights of the nation, so lately pretended to by themselves: if we ask them a Fish, they give us a Scorpion, if bread, they give us a stone. Nothing but their boundlesse, lawless wits, their naked swords, Armies, arms and ammunition is now law in England; never were a people so cheated, so abused and trod under foot; enough to inrage them (as once the children of Israel against Adoram) to stone them to death as they passe the streets; which some could not certainly escape, were it not for the fiery sword, vengeance that surrounds them, which at the best is but the arm of flesh, for their shelter and protection, and may fail ere they are aware: all sorts of people watch but for their opportunity, and if it once come like a raging sea on Pharaoh and his host, they will swallow and devour them up alive: and sure, this kind of constitution of Government thus by force in despite of the people obtruded and setled, thus grutched, cursed and hated, will never bring any peace, quiet or rest unto this Nation, it will be but as a continuall fire in their bones: therefore this conquest Constitution is not the way of Englands peace: There is but two wayes, by Conquest, or Agreement; by fire and sword, or by compact and love; and both these are contrary to each other as light is to darkness, and take their rise from contrary ends; and the way of love must needs be of God, for God is love, and all his ways are love; therefore we are bold of all other ways and Expedients whatsoever, to commend only this way of love, of popular Agreement to the publick consideration for a well founded and safe setled peace: and upon this account, and no other, can any security or enjoyment be expected to any publick transactors in this English Theatry, whether Prince or others. We beleeve, he that now judgeth otherwise, will at the length, it may be, when it is too late, finde himself as much deceived, as lie that lost his head against his own Palace gate.
Therefore considering there can be no sure building without a firm foundation, and for prevention of further homebred divisions and backslidings into blood, we desire our fellow Souldiers for their severall Regiments of Horse and Foot to chuse their respective Agents to consider of this way of Peace, that yet at length they may be instrumentall in saving (as now they are in destroying) this Nation; but considering what unsetledness, and wavering from their principles, hath appeared among them, and how slender grounds we have of their return from Apostacy, we heartily desire that all serious and well-affected people, that have any bowels of compassion in them to an afflicted, distressed nation, any sence of piety, justice, mercy or goodness in them, any hatred to oppression or remorse of spirit, at the afflicted, or desire of deliverance, or freedome from their worse then Egyptian bondage, that they would lay the miserable condition of the Nation to heart and unite themselves in their endeavours for a new, equall and speedy Representative; and we humbly offer this motion as a just expedient to that end that they would chuse two or three or more faithfull persons from their severall and respective Counties of the Land to come up to London to demand the freedom and release of the Owners and Publishers of the foresaid Agreement unjustly detained in Prison by Wil and Force, to debate and consult with them &c. of some way if possible to accomplish the said Agreement, before a deluge of Intestine insurrections and Forraign Invasions from Ireland, Scotland, Swethland, Denmarke, France, and Spain, sweep us away from the Land of our Nativity; and for our parts we doe declare, that though we have been thus abused and defeated, we have still the hearts of Englishmen in us, and shall freely (if there be occasion) spend the Remainder of our strength and blood, for the redemption and purchase of an Agreement of the People, upon the foresaid principles, the which for the satisfaction of such as have not seen it, We have hereunto annexed the forementioned draught of the said Agreement of our 4 imprisoned Friends in the Tower of London, as containing those things our souls like and approve of as the most exactest that our eyes have seen, and commend the effectuall promoting of it to the serious consideration of all the true hearted friends of this miserable and distressed Nation, and rest
The Nations true Friends and hearty Wel-wishers while we have a drop of blood running in our Veines, signed at London this 20 of August 1649, by us
in the behalf of ourselves, and by the appointment of the rest of our forementioned Friends of the three forementioned Regiments.
T.210 (9.45) James Frieze, Why not? Eight queries made to the Parliament (22 August, 1649).↩
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ID NumberT.210 [1649.08.22] (9.45) James Frieze, Why not? Eight queries made to the Parliament (22 August, 1649).
Full titleJames Frieze, Why not? Eight queries, made to the Parliament, from the People of England, in 1649.
Estimated date of publication22 August, 1649.
Thomason Tracts Catalog informationTT1, p. 764; Thomason 669. f. 14. (67.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
Text goes here
WHY NOT Eight Queries, made to the Parliament, From the People of England, in 1649.
WHether this Nation shall be a free People, according to Magna Charta, (now regained with such a vast expence of Treasure, and effusion of blood) and according to our trust reposed in you, and your solemn deep Ingagements, Vows, and Promises, made to us, to make us a free People? And WHY NOT yet performed by you, according to your promise made to us, since the Kings death?
II. Whether you intend to pass the National Act for Liberty or not, and to take off all Capias for Arrests, That so we the people of England may be secured from trouble in our personal Liberties, and thereby inabled freely to follow our Callings and Endevors for Livelihood? And WHY NOT, seeing it is our just Birth-Right?
III. Whether this Nation shall still be inslaved in their Estates, personal Liberties, and Lives, to the present corrupt, delatory, chargable practises of the Law, and to the cruel, impious (unparalel’d) mercenary Instruments of the same (by whom thousands of this Nation have been ruined and destroyed) even by Lawyers and Gaolers? And WHY SO, seeing they are abominable and wicked?
IIII. Whether you intend to prefer the impious flourishing State of an inconsiderable number of corrupt Judges, and mercenary Lawyers, and cruel murthering Gaolers (Enemies to Englands Liberties) before the just Liberties, Peace, and Welfare of this great Nation? And WHY SO? seeing he that treadeth in their Pathes, shall never have Peace nor Rest, Isai. 59. 7, 8.
V. Whether Justice shall be freely administred to all (both rich and poor) the oppressed relieved,Isai. 59. 1. 2, 3. 4, 5. 6. 7, 8. 9, 10, 11. with full satisfaction and reparation for their wrongs sustained, and the imprisoned set free, SO, as their persons may not be still subject to imprisonment every two or three days, or as often as their malicious cruel Adversaries shall think meet so to do? And WHEN, after eight yeers Expectation? contrary to Isai. 33. 15, 16.
VI. Whether the Creditors, according to Magna Charta, shall be enabled to reap Due and Real Satisfaction for their Debts, out of the real and personal Estates of all able Debtors, in the two third parts thereof (Intailed Lands also not exempted) without any tedious jugling, chargable delatory tricks in the Law? And WHY NOT, rather then Lawyers and Gaolers, to rob them, and the Debtors?
VII. Whether all persons by you intrusted with many Millions of the National Treasure, (and by them perverted) shall be called to a just and strict accompt for the same, whereby the Souldiery may be duly satisfied, and this whole Nation eased and acquitted from the unsupportable Burdens of all the several great Taxes, and daily Plunders, wherein the Souldiery is made to appear the Actors, (conceived to be done by the Speaker and Lawyers) meerly to render the Souldiers the more odious and detestable to this whole Nation (a subtle contrivance, to imbrue the Nation again into a Sea of Blood) through the daily increase of all the peoples heart-burnings against you, and the Souldiers? And WHY NOT, that so Knaves may be known?
VIII. Whether you intend to abolish Tithes, restore the Rights of the Poor, call a new Representative, provided, That all mercenary Lawyers be exempted from being any more elected or chosen to sit as Members of the same; the people also prevented from coming up to Westminster for Justice; and the Law practised in our English tongue, in some brief expedicious way, without any delatory Cheats, Fees, or Bribes, (as now used) according to the command of God, the present practise of all other Nations in the World, where more Justice is to be had for eight pence, then here in our Land for 800 l. And WHY NOT unjust things abolished?
Finally, our desires are, That because there is a far greater number of able, honest, Consciencious, understanding men, in every of our Cities, Counties, Hundreds, Towns, and Villages, that are able to judg and determine all Controversies between a man and his Neighbor, better then any of those Instruments of Contention, The Lawyers, (Englands Cankerworms) whose Nature and Profession is to fish in troubled Waters, and to make the Wound of Contention deeper and far larger, rather then to cure it, That therefore they may no ways be thought fit to decide any Controversie in Judgment, nor to sit in our National Assemblies, but to be expunged and expelled the House of Commons, even as the Bishops, Lords, and Judges were before them? And WHY NOT the power of such Serpents destroyed, and quite confounded, confounded?
FINIS. WHY NOT?
Amen.
T.211 (6.24) [Signed by several but attributed to John Lilburne], An Outcry of the Youngmen and Apprentices of London (29 August 1649).↩
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ID NumberT.211 [1649.08.29] (6.24) [Signed by several but attributed to John Lilburne], An Outcry of the Youngmen and Apprentices of London (29 August 1649).
Full title[Signed by several but attributed to John Lilburne], An Outcry of the Youngmen and Apprentices of London: or, An inquisition after the lost fundamentall lawes and liberties of England. Directed (August 29. 1649.) in an epistle to the private souldiery of the Army, especially all those that signed the solemne ingagement at Newmarket-Heath, the fifth of June, 1647. But more especially to the private souldiers of the Generalls Regiment of Horse, that helped to plunder and destroy the honest and true-hearted English-men, trayterously defeated at Burford the 15. of May, 1649. Signed by Charles Collins, Anthony Bristlebolt, William Trabret, Stephen Smith, Edward Waldgrave, Thomas Frisby, Edward Stanley, William White, Nicholas Blowd, John Floyd in the name and behalf of themselves, and the young-men and apprentices of the City of London. Who are cordiall approvers of the paper, called, The agreement of the free people, dated May 1. 1649. and the defeated Burford-mens late vindication, dated the 20. of August, 1649.
LAMENT. a. 11, 12.
Mine eyes do faile with tears: my bowells are troubled: my liver is powred upon the earth, for the destruction of the daughter of my people, because the children and the sucklings swoon in the streets of the City.
They say to their mothers, Where is corne and wine? when they swooned as the wounded in the streets of the City, when their soule was powred out into their mothers bosome.
The Tract contains the following parts:
- Letter
- To the supreme Authority of this Nation, the Commons of England assembled in Parliament: The humble Petition of the oppressed of the County of Surrey, which have cast in their Mite into the Treasury of this Common-wealth
Estimated date of publication
29 August 1649.
Thomason Tracts Catalog informationTT1, p. 766; Thomason E. 572. (13.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
We are all of one Nation, and People, it is the sword only that differeth; but how just a title that is over us, your owne private thoughts surely are our determiners, however your actions import: For, it is not imaginable, (except amongst Bears, Wolves, and Lions,) that brethren of one cause, one Nation, and family, can without remorse and secret check of conscience, impose such Iron yokes of cruelty and oppression upon their fellowes, as by the awe and force of your Sword rampant, is imposed upon the people of this Nation; you see it; we are at best but your hewers of wood, and drawers of water; our very persons, our lives and properties, are all over-awed to the supportation only of the raging lawlesse Sword, drench’t in the precious blood of the people, the ancient and famous Magistracy of this Nation, the Petition of Right, the great Charter of England, above thirty times confirmed in open and free Parliament, with all other the fundamentall laws, safeties, and securities of the people, which our Ancestors at an extraordinary dear rate (as with abundance of their blood and treasure) purchased for the inheritance of us, and of the Generations after us, and for which you pretendedly took up arms against the late King and his party, are now all subverted, broken down and laid wast, the Military Power being thrust into the very office and seat of the Civil Authority, The king not onely most illegally put to death, by a strange, monstrous, illegall, arbitrary Court, such as England never knew; Monarchy extirpated (not rectified) without, and besides the consent of the people, (though the actors of that bloody scene have owned and declared them to be the original of all just humane Authority) but even our Parliaments (the very interest, marrow, and soule of all the native rights of the people) put downe, and the name and power thereof transmitted to a pick’d party of your forcible selecting, and such as your Officers (our Lords, and Rulers) have often and frequently stiled no better then a mock Parliament, a shadow of a Parliament, a seeming Authority, or the like, pretending the continuance thereof, but till a new and equall Representative, by a mutuall Agreement of the free People of England could be elected, although now for subserviency to their exaltation and Kingship, they prorogue, and perpetrate the same in the name, and under colour thereof, introducing a Privy Counsell, or as they call it, a Counsell of State, of superintendency, and suppression to all future successive Parliaments for ever, erecting a martiall Government (by blood and violence impulsed upon us) making souldiers to be executioners of Orders and VVartants, pretending to the Civill Authority, and in every particular (notwithstanding, all your famous and glorious Declarations of Freedom and Liberty) dealing with us, as an absolute, conquered and inslaved People The Law being nothing but a mock protection to our lives, liberties and properties; the Judges set apart, for the executors of it, a meer delusion, our Sheriffs, Mayors, Justices of Peace, Constables, &c. being laid by, or made no better then ciphers, (the choise of them, by will without right) appropriated to a few factious men, while the right owners (the people) are rob’d of their free and popular elections of them) as not daring to execute Justice upon the rudest or meanest souldier in England, although the Law sufficiently warrants them thereunto, but contrarywise, Commoners are forceably convened and tryed before a Councell of VVarr, and some sentenced even unto death, others by a private verball order made to run the gantlop, and whipt most barbarously, for refusing to take false and illegall oaths; and the blood of war (expresly against the Petition of right, and for which amongst other crimes, the Earle of Strafford lost his head as a Traytor, shed in times of Peace, as the blood of Mr. Richard Arnell upon the 15. November, 1647. near Ware, of Mr. Robert Lockier the 17. of April, 1649 (so much bewailed and lamented at London) of Col. Poyer, of Cornet Thompson, Mr. Perkins, and Mr. Church, upon the 16. of May 1649 at Burford, contrary to promises, and solemn ingagements at the taking of them, (as their friends lately defeated with them, in their vindication of the 20. of August, 1649 fully declare, pag. 6. 7.) and others yet fresh in our memory doth witnesse: parties of horse and foot, (contrary and in direct defiance, of the due course and process of Law) sent at unseasonable houres, to hale and pull people out of their beds and houses, from their wives and children, without so much as ever summoning of them, and without any crime or accusation showne, or accuser appearing, or the least pretence or shadow of Law produced, some sent into remote Garrisons, where they have been most barbarously used, and indeavoured to be starved, and took from Garrison to Garrison, others lock’d up close prisoners, with centinels night and day upon their doors, and all due tryalls and help at Law, stoop’d and denyed, and no remedy to be obtained, yet free men most barbarously put out of their legall possessions, by force of arms; without any manner of triall at Law, yea the Law damn’d, and stoopt up against them, for recovering of their legall rights and they threatned severely to be punished, if they desist not their suits at Law; yea, and free-mens states never pretended to be within the compasse of the Ordinances of sequestrations, seized on to so great virtue (by some great mens wills, protected by their swords, to do even what they list, without controul) without any manner of tryall or conviction, or any shadow of legall presence, or ever so much as laying any pretended crime to the parties charge; all which are the very (if not higher) crimes, then the Earle of Strafford principally lost his head for, as a Traytor, as clearly appears by his Act of Attainder, and by his large printed additionall Impeachment, 1640. both in English and Irish cases, as clearly appears in the preamble thereof; and in Article 2. 3. 4. 5. 6. 7. 8. But that which is worst of all, the best and most faithfull maintainers of the English Freedomes, are most maligned, abused, and vilified, that it is now become a crime of the greatest perill and penalty, to be faithfull to the declared interest of Parliaments, or rights of the people therein; a thing so dreadfully complained of by the Parliament, in the beginning of their first Remonstrance of December 1641. New Acts of high Treason, to that end devised to ensnare and intrap the most conscientious, so that we cannot talk or discourse of our lost Freedomes, or open our mouths of our oppressions, but we are in as bad a condition, as our Fore-Fathers were, in the daies of VVilliam the Conqueror, (that thought any fact crime enough to intitle him to their estates,) if not worse by being Treason struck; and besides all this, multitudes of pick pocket, murdering taxes are heap’d, and continued upon the old, and in default of payment, souldiers are put upon straining, seizing and plundering of our Masters goods, and houses, for which violence and villany, they must be largely paid, or else they will plunder over again for that; yea and the late large Act about Excize, so transcendent and insnaring in its penalties, that no man well knows how to behave himself in his trading, for fear of being undone; yea, so numberlesse are our most insufferable cruelties, overspreading and wounding the whole Land and people, that our borders are even filled with the lamentations, mournings, tears, sighs and dolefull groans, of the oppressed and inslaved ruinated people. Trade decayed and fled, misery, poverty, calamity, confusion, yea and beggery grown so sore, and so extream upon the people, as the like never was, in England, under the most tyrannicall of all our Kings, that were before these in present power, since the daies of the Conqueror himself; no captivity, no bondage, no oppression like unto that, no sorrow or misery like unto ours, (of being inslaved, undone and destroyed by our large pretended friends, for whose preservation, we could have even pul’d out our very eyes) the people become desolate and forsaken, wandring, pining, and mourning (like those in Jeremies Lamentations, unto whose sorrows, they said, none was like), after their lost fundamentall Laws, their native, and just freedoms, and rights, and there is none to comfort, none to pitty, none to relieve, none to help or to save. Alas, alas for pitty, For,
Your hearts seem to us as obdurate as the flinty rock, as savage and inhumane, as if the flesh and blood, the bones and marrow of the people, were become your meat, as already it is in effect, and instead of incouragement and support to our true friends, and reall relievers (at least in faithfull desire and indeavour) as shall stand in the gap betwixt our destroyers and us, all waies and meanes are used to impoverish, destroy, and suppresse them, and in them to break and vassallage the spirits of all the English, which in all ages have had the preheminency of other Nations, that there may not be so much of gallantry or courage left amongst the people, that one amongst them shall dare to assert or maintaine their freedomes, (which Act is not a little aggravated by M. John Pym, in his remarkable Speech against the Earl of Strafford, as the highest of Treasons against any Nation in Common wealth,) for if any do but murmure and complain, or seek for remedy, though by way of Petition or Addresse to the House, presently their houses, as with Furies, are beset, with armed mercenary Janisaries, Guards, and Centinels, set upon their doores and passages, no consideration had of the terror or affrightment of our Masters, their wives, children, or servants, or of reason, or law, and their persons as Traytors therefore imprisoned, for weeks, and moneths; yea, and close imprisoned from the society of all their friends, without ever so much as ever seeing either informer, accuser, prosecutor, or witnesse, yea, or ever seeing Indictment, Impeachment, or Charge, yea, or face to face, or in their Mittimus’s, or any other formall or legall way, ever so much as having any crime, or presence of a crime laid unto their charge, by those very men before whom they are brought, and who by the rules of their meer will commit them therefore, although the Parliament in severall Declarations have declared, That they have received Petitions for the removall of things established by Law, and we must say, and all that know what belongeth to the course or practise of Parliament will say, that we ought so to do, and that both 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 agrieved by them, can seek redresse, and that it is in tumult to deliver Petitions by popular multitudes, a part book of Parliaments Declarations, pag. 123. 201. 202. 209. 533. 548. 691. 720.
Yea, and your very selves, and your jugling Officers quarrell’d with, and took up armes against the Parliament, your creators and originall Lords and Masters, for prohibiting you to petition, and make knowne your grievances to them, and sufficiently envy and exclaime against them for so doing, and impeach some of them as Traytors therefore, as clearly appears in your own book of Declar. p. 10. 11. 17. 23. 33. 35. 44. 60. 61. 62. 83. 85. 118.
And yet nothing but the boundlesse wills and humors of those fore-mentioned men of blood, inrageth and ruleth over us: and is this all the return and fruit, that people are to expect at your hand doth your solemn ingagement at New-market, and Triplo heath, with your Declaratious, Remonstrances, Vowes and Protestations unto us all, center in this bed-roll of cruelties? we pray you give us leave to make inquiry amongst you after those things, and give losers leave to complain. Remember you not with what cheerfullnesse and alacrity our fellow-Apprentices; the glory and flower of the youth of this Nation, and multitudes of our selves yet surviving, ran in to your assistance or of a conscientious intent, to uphold and maintain the fundamentall Constitution of this Common VVealth? viz. the interest and right of the people in their Parliaments, it being most rationall, and unquestionably just, that the people should not be bound but by their owne consent given to their Deputies in Parliament, which by the Laws and customes of England, ought [wholly new] to bee annuall), to deliver and clear the Land from its heavy pressures and bonds, not ingaging in the least, against the person of the king, as king, or with any thought or presence of destroying, but regulating kingship, but meerly for the removall of all those cruelties and oppressions, he had laid upon the people by his will, contrary to Law; this you know to bee true, your owne papers extant to the world are our record and witnesses, as might plentifully be recited, but they are known to all men, that know your affairs, you cannot deny it; but where is the fulfilment of all your glorious words, registered in your book of Declarations? in which pag. 14. you say, you shall through the grace of God, discharge your duties to the Parliament, &c. and also demonstrate, that the good and quiet of the Kingdome is much dearer to you, then any particular concerament of your own; and in pag. 23. the Generall to both Houses in his Letter of the 6. of June 1647. assures the Parliament, it is his study and care to avoid a new war, and (further thus saith) so I find it to be the unanimous desire, and study of the Army, that a firm peace in this Kingdome may be setled, and the liberties of the people cleared, and secured accordingly, to the many Declarations by which we were invited, and induced to ingage in the late warre, most seriously there promising them, they will not meddle to the advancement of any particular parts or interest whatsoever.
And in your solemn ingagement of the 5. June 1647. pag. 26. you promise and ingage to God, the Kingdome, and to each other, that you will not disband, divide, nor suffer your selves to be disbanded, nor divided (either for Ireland, or any other place else) untill we have first such satisfaction [as you say] to the Army, in relation to our grievances, and desires heretofore presented, & such security. That we of our selves (when disbanded, and in the condition of private men) or other the free-born people of England (to whom the consequence of our case (about petitioning) doth equally extend) (had to remain subject to the like oppression, injury or abuse, as in the premises hath been attempted and put upon while an Army.
O that there had been an heart in you, to have made this good before your gross apostacy from all your engagements and promises, that hath already occasioned so much misery, warr and bloodshed. Or, oh that yet there were hearts within you vigorously and effectually to go about the accomplishment and fulfilment thereof (and thereby prevent all the miseries, blood-shed and desolations that for want thereof undoubtedly must and will ensue) which you are bound and tyed unto both before God and man, as is (in our judgments) unanswerably proved in the foresaid treacherously defeated Burford mens Vindication, pag. 8. 9. 10.
But to return, in your said engagement, in the fore-recited 26. page, you positively there disown and disclaim all purposes or designes in our late or present proceedings, to advance or insist upon a particular interest, to the overthrow of Magistracy, &c. neither (by you) would we (if we might or could) advance or set up any particular party or interest in the Kingdom [though imagined never so much our own] but shall much rather [as far as may be within our sphear or power] study to promote such an establishment of common equall right and freedom to the whole, as all might equally partake of.
And in that most choyce and best of Declarations made by the whole Army of Souldiers, as well as Officers June 14. 1647, tendered to the Parliament, concerning their just and fundamentall rights and liberties of themselves and the Kingdom, Book Decl pag. 36. 37. you say, That we may no longer be the dissatisfaction of our friends, the subject of our enemies malice [to work jealousies and misrepresentations upon] and the suspicion [if not astonishment] of many in the Kingdom, in our late or present transactions and conduct of business; we shall in all faithfulnesse and cleernesse profess and declare unto you, these things which have of late protracted and hindered our disbanding, the present grievances which possesse the Army, and are yet unremedied; with our desires, as to the compleat settlement of the Liberties and peace of the Kingdom, which is that blessing of God, then which (of all worldly blessing) nothing is more dear unto us, or more precious in our thoughts, we having hitherto thought all our present enjoyments [whether of life or livelihood, or neerest relations] twice but sufficient to the purchase of so rich a blessing, that we, and all the free-born people of this Nation may lie down in quiet under our vines, and under the pious administration of Justice and Righteousnesse, and in full possession of those fundamentall Rights and Liberties, without which we can have little hopes (as to humane condition) to enjoy either any comforts of life, or so much as life itself, but at the pleasure of some men, ruling meerly according to will and power.
And in the same Declaration pag. 38. 39. you further say thus; Nor will it now (we say) seem strange or unreasonable to rationall and honest men, who consider the consequence of our present case, to their own and the Kingdoms [as well as our] future concernment, in point of right, freedom, peace and safety (if from a deep sense of the high consequence of our present case, both to our selves [in future] and all other people) we shall, before disbanding, proceed in our own and the kingdoms behalf, to propound and further some provision for our and the kingdoms satisfaction and future security, in relation to those things especially, considering that we were not a meer mercenary Army, hired to serve any arbitrary power of a State, but called forth and conferred by the severall Declarations of Parliament, to the defence of our own and the peoples full Rights and Liberties: and so we took up arms in judgment and conscience to those ends, and have so continued them, and are resolved, according to your first just desires in your Declarations, and such principles as we have received from your frequent informations, and our own common sense, concerning those our fundamentall Rights and Liberties, to assert and vindicate the just power and rights of this Kingdom in Parliament for those common ends promised against all arbitrary power, violence and oppression, and against all particular parties and interests, whatever. The said Declaration is still directing us to the equitable sense of all Laws and Constitutions (and, as dispensing with the very letter of the Law, and being fundamental, where the safety and perturbation of all is concerned: and assuring us that all authority lies fundamentally vested in the Office, but administerially in the Persons.
And on page [Editor: illegible], speaking in general of purging some evil members out of the Parliament, you declare, “your carriage towards them shall be such, as that the world shall see we aim at nothing of private revenge and animosities but that Justice may have a free course, and the Kingdom be eased and secured, by disenabling such men [at least] from place of Judicature, who desiring no advantage and set up themselves and their party in a generall confusion, have endeavoured to put the Kingdom into a new time of Warr, then which nothing is more abhorrent to us. And in the same Declaration, spending the 42 and 43 pages in most excellent expressions, of the excellency and benefit of frequent and successive Parliaments [totally new] and the mischief, bondage and vassallage of the long continuance of any Parliament, at pa.44 you say, And thus a firm foundation being laid in the authority and constitution of Parliaments, for the hopes at least of common and equitable Right and Freedom to our selves, and all the free born people of this Land; we shall for our parts freely and cheerfully commit our stock or share of interest in this Kingdom into this common bottom of Parliaments, and though it may [for our particulars] go ill with us in one voyage, yet we shall thus hope, [if right be with us] to fare better in another.
And in the last end of that transcendant Declaration, pag. 46. you conclude thus: “We have thus freely and clearly declared the depth and bottom of our hearts and desires in order to the Rights, Liberties and peace of the Kingdom; wherin we appeal to all men, whether we seek anything of advantage to our selves, or any particular party whatsoever, or to the prejudice of the whole; and whether the things we wish and seek for, do not equally concern and conduce to the good of others in common with our selves, according to the sincerity of our desires and intentions (wherein as we have already found the concurrent sense of the people in divers Countries, by their petitions to the General, expressing their deep resentment of these things, and pressing us to stand for the interest of the kingdom therein; so we shall wish and expect the unanimous concurrence of all others, who are equally concerned with us in these things, and wish well to the Publick.
And in p. 52. being writing to the Lord Mayor Aldermen, and Commons of the City of London in Common Councel assembled, it is thus said To conclude, we say from our hearts that our especiall ends are the glory of God, and the good of this whole Land, so my endeavour shall be to prosecute the same without prejudice to the being or well being of Parliaments in generall; the maintenance whereof we value above our own lives or (as we have formerly said) of this Parliament in particular, but together in order to the good and Peace of the Nation, and wish a most tender regard to your City.
And in page 57, 58. its said that, In our last Representation it may appear what desires are, as Members of the Common-wealth in behalf of our selves and all others the cleering, setling and securing of the rights, liberties and Peace of the Kingdom; for justnesse, reasonableness, necessity and common concernment whereof unto all, we dare appeal to the whole Kingdom, and to the world.
And in page 76 to the Lord Mayor of London, &c. it is said, “That it is a sudden and substantial settlement of the whole we desire in a generall, safe, and well grounded peace, and the establishment of such good Laws, as may only and readily render to every man their just rights liberties; and for the obtaining of these, not only our intentions had led us too, but we think that all the blood, treasure and labour spent in this War, was for the accomplishing those very things, which are of that concernment both to our selvs and propertie, that neither we nor they can live comfortably without them, and therefore their help is much pressed for to bring things to a happy conclusion, to the satisfaction of all honest mens expectation, and that in all our undertakings we shall be found men of truth, fully and singly answering the things we have held forth to the kingdom in our severall Declarations and Papers, without byas or base respects to any private end of interest whatsoever.
And in page 97. is recorded a notable Proposall to the Parliament from Redding, July 12. 1647. which doth sufficiently condem your late tyrannicall dealing with some of the very parties therein mentioned; The Proposall thus followeth; “Wee doe earnestly desire, That all persons imprisoned in England or Dominion of Wales, not for Delinquency in relation to the last Warre, but for other pretended misdemeanours,) and whose imprisonment is not by the regulated course of Law, but by Order from either Houses of Parliament, (or of Committees flowing from them) may be put into a speedy regular and equitable way of Triall, (or if the necessity of setling the generall affairs of the Kingdom admit not their present triall) then they may have present libertie (upon reasonable security) to their apppearance at a certain day, to answer what shall be charged against them in a Legall way, and that when they should be tryed, if they appear wrongfully or unduly imprisoned, they may have reparation according to their sufferings.
In particular we desire this may be done in behalfe of L. Colonel John Lilborn, Master John Musgrave, Master Overton and others (in their condition) imprisoned in and about London. Read also more fully to this purpose p. 101. 105. 110. 112. 118. 128. 132. 137. so also the large Remonstrance from Saint Albans of the 16. of November 1648. pag 6. 89 12. 14. 15. 22. 23. 29. 43. 45. 47. 48. 57. 62. but especially 65. 66. 67. 68. 69.
But after this large (but yet profitable and necessary) digression, let us seriously expostulate with you and put you in mind of your most wicked and grosse apostacy (such as the world never see or read of before, from men that professe God and godlinesse in a strict manner, and would be reputed the CHOICEST SAINTS in England) and cry out unto you with astonishment and admonition; and thus interrogate your very consciences (where God alone ought to sit King) Oh heare you not the blood of our dear fellow Apprentices, and of the rest of the good People of England spilt for the redemption of this inthraled Nation (especially since your first contest with the Parliament) cry aloud in your ears and hearts (where ever you goe) for vengeance upon you, the peoples perfidious abusers, betrayers and destroyers? Oh do not you hear them cry out unto your very conscences; O give our Fathers, or Mothers, our Brothers, our Sisters, and others of our neer and dear relations, the full and speedy accomplishment of all your forementioned inravishing promises and engagement, by vertue of the power and efficacy of which you stole away their heart, and spirits from all their relations, and made them with willingnesse and cheerfullnesse become sacrifices for your assistance; for that end principally (if not only) that they that survived might enjoy the full and ample fruition of all your glorious promises and engagements, for common freedom, distributive Justice and righteousnesse upon the earth; Oh do you not hear their blood cry unto you? O mock not (nor dally with) God any longer, but without delay, give our friends and country-men the promised price of all our blood, by the full and speedy paying of all your vows, and engagements made unto God for that end, lest for all your perjury, apostacy, and perfidiousnesse he create a mighty and irresistible spirit of revenge amongst the people, and knit together (their otherwise divided hearts, in one, is one man to rise up in one day to destroy you, with a more fatall scouring destruction then you have already destroyed others (yea the highest in the Nation) pretendedly for oppressions, breach of Oaths, Faith and Covenants) yea to sweep you away from the land of the living; with an overflowing deluge of destruction, as the enslaved women about six or seven hundred years agoe, did the Danes in one night throughout England.
Oh do not your hearts at all relent? can you consider this your forecited unparalleled and horrible defection and apostacy, and not tremble and be amazed, and even confounded? Is there lesse remorse of conscience in you then was in Belshazzar, who at his seeing the hand writing upon the wall, hanged his countenance, and his thoughts troubled him, so that the joynts of his loins were loosed, and his knees smote one against another, (though otherwise in as great Jolity and prosperity as any of yourselves or Officers) or have you lesse apprehension of the Majesty of God then was in the heathen Roman Governour Felix, who when he heard Paul reason or Preach of rightousnesse, temperance and Judgement to come trembled and feared, and durst not proceed in fury against him, although much thereunto provoked by his adversaries, Act. 24. since all sense and compunction of conscience is not totally departed from you; hear us therefore in the yearning bowels of love and kindnes we intreat and beseech you with patience and do not abuse us for complaining and crying out, for the knife hath been very long at the very throats of our Liberties and Freedoms, and our burthens are too great and too many for us, we are not able to bear them and contain our selves, our oppressions are even ready to make us despair, (or forthwith to fly to the prime Lawes of nature, viz. the redolent remedy at hand, light it where it will, or upon whom it will) they are become as devouring set in our bones, ready to burn us up, rendring us desperate and carelesse of our lives, prising those that are already dead, above those that are yet living, who are rid of that paine and torment, that we do & must indure, by sensibly seeing and beholding not only the doing, but the daily burial of our native Liberties and Freedoms, that we care not what becomes of us, seeing that we are put into that originall state or chaos of confusion; wherein lust is become a law, envy and malice are become laws, and the strongest sword rules and governes all by will and pleasure; all our ancient boundaries and land-marks, and puld up by the roots, and all the tyes and bonds of humane society in our English horizon totally destroyed and exterpated. Alas for pity.
We had rather die then live this life of languishing death, in which our Masters possesse nothing (to buy themselves or us bread to keep us alive) that they can call their own; therefore it is no boot for us to serve out our times, and continue at our drudging and toyling trades while these oppressions, cruelties and inhumanities are upon us, and the rest of the people; exposing thereby the Nation not only to domestick broyles, wars and blood-sheds (wherein we insure our bodies must be the principall bars) but to forraign Invasions by France, Spaine, Denmark, Sweathland, &c. as was well observed by our endeared and faithfull friends of the forementioned late treacherously defeated party at Burford in their Book of the 20 of August, 1649. Intituled the Levellers vindicated, or the Case of their 12 Troops truly stated, pag. 11. which we cannot but seriously recommend (with them) to your serious perusall and judgement and desire to know of you (but especially the private souldiery of the Generals Regiment of horse, what we understand had a hand in seasing upon and plundering our true friends at Burford) whether you do own the abominable and palpable treacherous dealings of your Generall and Lieutenant Generall Cromwel and their perfidious Officers with them or no? (that so we may not condemn the innocent with the guilty, and may know our friends from our foes) as also to tell us, whether we do approve of the totall deflection of your Army under which it now lyeth, from their Faithful solemn engagement made at Newmarket-heath, June the 5 1647, not one of those righteous men in behalf of the Parliament and people, on which your vow was made, being yet fulfilled or obtained; but on the contrary (as we have before rehearsed) a whole flood-gate of tyrannies are let in upon us, and even over-whelme us; and whether you justify all those actions done in the name of the Army upon your account, and under pretext of that Engagement since the Engagement it self was broken, and your Councill of Agitators dissolved? And whether you will hold up your Swords to maintaine the totall abolition of the peoples choicest interest or freedom, viz. frequent and successive Parliaments, by an Agreement of the People, or obstruct the annuall succession? Whether you doe allow of the late shedding of the blood of war in time of peace, to the subversion of all our Laws and Liberties? And whether you do countenance the usurpation of the fundamental Freedoms of this Commonwealth? as their revocation or nullity of the Great Charter of England, The Petition of Right, &c And whether you do assent to the erection of Arbitrary prerogative Courts that have or shall overrule, or make void, our ancient way of tryals in criminal Cases, by a Jury of 12 men of the neighbourhood? and whether you will assist or joyne in the forcible obtrusion of this Martial and Tyrannical Rule over us? Also whether you will fight against and destroy those of our friends that shall endeavour the composure of our differences, together with the procurement of our Freedoms and settlement of our peace (your plenty and prosperity) accordingly as it was offered by the 4 Gentlemen prisoners in the Tower of London, upon the first of May 1649 (as a peace-offering to this Nation) by the Agreement of the People?
Lastly, We earnestly beseech you to acquaint us, whether from your hands (to your power) we may expect any help or assistance in this our miserable distressed condition, to the removall of those iron bands and yolks of oppression, that have thus inforced us to complain, and addresse our selves thus to your serious consideration.
For we cannot chuse but acquaint you, that we are seriously resolved, through the strength and assistance of God, (with all the interest we have in the world) to adhere to the righteous things contained in our treacherously defeated freinds forementioned late vindication; very much approving of that unparalel’d expedient (of an agreement of the free people,) they propose in the latter end thereof, for the firm setling of the peace, Liberties and Freedoms of this distracted nation, which hath so much justice, righteousnesse and safety in it, that we hope it will in a very short time levell all self interests before it & make it clearly appear to him that claims the greatest personall share in the government of this Nation, that there is no way to obtain the true love of the understanding English people (without which he will never obtain his desired Crown) but by a cheerefull, hearty and reall promotion of such principles therein contained as doe sufficiently tye his hands from cutting the peoples throats, at his will and pleasure, the endeavouring of which, exposed his father to that fatall end that befell him; which may be a seasonable caveat to all Princes &c, to take heed of that desperate rock, viz. the attempting to govern the people by will, and not by Law; by force, and not by love; the onely and alone durable and permanent tie or bond amongst the sons of men; We say that expedient of an Agreement of the free people appears to us to have so much equity righteousnesse and common safety in it, that we are resolved to bury all by-past DISTASTS at the greatest of Englishmen that shall heartily and cordially, signe and put forth their power and interest, to promote the establishment of the principalls therein contained; and in the ADHERING TO, AND STANDING BY, all such as shall be in any danger for walking in such paths, we shall through the strength of the Lord God Omnipotent (to the uttermost of our power and abilities) resolvedly hazard our our lives and all that is dear to us.
For the effectuall promotion of which said Agreement we are necessitously compeld, to resolve in close union to joyn our selves, or our Commissioners (chosen for that end) the Counsel with our foresaid Burford friends, or their Commissioners, and to resolve to run all hazards, to methodize all our honest fellow Prentices, in all the Wards of London, and the out-Parishes, to chuse out their Agents to joyn with us or ours: to write Exhortative Epistles, to all the honest hearted freemen of England, in all the particular Countries thereof, to erect severall Councels amongst themselves, out of which we shall desire (and exhort them) to chuse Agents or Commissioners (impowered and intrusted by them) speedily to meet us and the Agents of all our, (and the Agreement of the People) adherents at London, resolvedly to consider of a speedy and effectuall method, and way how to promote the Election of a new and equall Representative or Parliament, by the Agreement of the free People, seeing those men that now sit at Westminster, and pretendedly stile themselves the Parliament of England, and who are (as they say (although most falsly) in the Declaration for a Free State, dated March 17. 1643, p.17. intrusted, aund authorized by the consent of all the People of England whose Representatives they are) make it their chiefest and principallest work, continually to part and share amongst themselves, all the great, rich, and profitablest places of the Nation, as also the Nations publike treasure and Lands, and wil not ease our intolerable oppressions, no nor so much as of late receive our Particular Petitions having upon Thursday last, August 23 1649. rejected that most excellent of Petitions ready at their door to be presented to them by divers honest men (our true hearted neighbours of Surrey) the true Copie of which for the worth of it although it be at large already printed in Friday Occurences and the Tuesday Moderate,) we desire here to insert.
The humble Petition of the oppressed of the County of Surrey, which have cast in their Mite into the Treasury of this Common-wealth.
THat as the Oppressions of this Nation in time foregoing this Parliament were so numerous and burdensome, as will never be forgotten; so were the hopes of our deliverance by this Parliament exceeding great, and full of confidence, which as they were strengthened by many Acts of yours in the beginning, especially towards conscientious people, without respect unto their judgments or opinions; did the gratitude of the wel-minded people, exceed all presidents or example sparing neither estate, limb, liberty, or life, to make good the authority of this honorable house, as the foundation and root of all just Freedom, although we many times observed (to our grief) some proceedings holding resemblance rather with our former bondage: yet did we impute the fame to the troublesomness of the times of War, persistently and silently passing them over, as undoubtedly hoping a perfect remedy, so soon as the Warres were ended: But perceiving our expectations in some particulars frustrated: and considering some late dealings with some of our friends, &c. the consideration of which lies so heavy on our spirit that for prevention thereof, we conceive our selves bound in conscience and duty to God, to set before you once more, the generall grievances of the Commonwealth, and the earnest desires of the ingenious and well-minded people.
First, That the Petition of the Eleventh of September last, and the Agreement of the People may be reassumed, and the particulars therof speedily established.
Secondly, we most earnestly beg, with many other of your faithfull friends in all the Counties of England that that most irksome and intolerable oppression of Tythes, which is retained in no reformed Church, neverthelesse more firmly established then ever by your Ordinance for treble dammages, made in the Parliaments corruption, and yet no Act against it, which causes our hearts to be discouraged, and brought into much fear and doubt of the removall of these and other bondages by this Representative: Wherefore we cannot passe it by, but again intreat, that the Ordinance for Tythes may be speedily revoked, and that a more equall way of maintenance be provided by the publique Ministery.
Thirdly, That all proceedings in law may be in English, that a short time may be inserted for the tryall of all causes, and that by Twelve men of the Neighborhood, and that none may be debarred of Freedom to plead his own or his Neighbours Cause, [as by Law any man may and ought to doe, as clearly appears by the Statute of 28 Edw 1 ch.11.] before any court of Justice, although no Lawyer. And that no member of your House be suffered to plead as a Lawyer, whilst a member thereof.
Fourthly, That some course may be taken for the future, to pay the Army; not laying such intolerable Burthen and taxes on its people which we are not able to bear, And so we shall for ever stand by you an all Representatives for the freedom of the Nation, as formerly. Desiring that we may obtain speedily a new and equal Representative.
We say, considering what is before premised, we are necessitated and compeld to doe the utmost we can for our owne preservations; and for the preservation of the Land of our Nativity; and never (by popular petitions) addresse our selves to the men sitting at Westminster any more, or to take any notice of them, then as of so many Tyrants and Usurpers, and for time to come to hinder (as much and as farr as our poor despised interest will extend to) all others whatsoever from subscribing or presenting any more popular petitions to them: And only now as our last Paper-refuge, mightily cry out to each other, of our intolerable oppressions in Letters and Remonstrances, signed in the behalf, and by the appointment of all the rest by some of the stoutest and stiffest amongst us that we hope will never apostasize, but be able through the strength of God, to lay down their very lives for the maintaining of that which they set their hands to.
You our fellow-Countrymen (the private Souldiers of the Army) alone, being the instrumentall authors of your own slavery and ours; therefore as there is any bowels of men in you, any love to your Native Country, Kindred, friends or relations, any sparks of conscience in you, any hopes of glory or immortality in you, or any pity, mercy, or compassion, to an inslaved, undone, perishing, dying people, Oh help, help! save and redeem us from totall vassalage and slavery, and be no more like brute beasts, to fight against us or our friends, your loving and dear brethren after the flesh: to your own vassalage as well as ours.
And as an assured pledg of your future cordialnesse to us (and the true and reall liberties of the Land of your Nativitie) we beseech and beg of you, (but especially those amongst you that subscribed the solemn engagement at Newmarket heath and the of June 1649) speedily to chuse out from amongst your selves, Two of the ablest and constantest faithfull men amongst you in each Troop and Company, now at last, (by corresponding each with other, and with your honest friends in the Nation) to consider of some effectuall course (beyond all pretences and cheat) to accomplish the real end of all your engagements and fightings, viz. the settling of the Liberties and Freedoms of the people, which can never permanently be done, but upon the sure foundation of a POPULAR AGREEMENT: who (viz. the people) in Justice, gratitude, and common equity, cannot choose but voluntarily and largely make better provision for your future subsistance (by the payment of your ARREARS) then ever your Officer, or this pretended Parliament intends, or you can rationally expect from them; witnesse, their cutting off three parts of your Arreares in four for Free-quarter and then necessitating abundance of your fellow-Souldiers (now cashiered, &c.) to sell their Debenters at two shillings six pence, three shillings and at most four shillings per l. by meanes of which you that keep your Debenters being necessitated to vie with the greatest bidder, in the purchase of the late Kings Lands, they are able to give above 30 years purchase, for that you cannot give a years purchase for; and if you will not give with the most you must have no Land, so that the most of your Debenters are likely to prove waste papers, and those that purchase will have but a slippery security of their possessions, by reason of generall discontents amongst all sorts of people, and particularly by so extraordinarily disengaging and cheating so many Souldiers as they have done, of their just expected recompence of reward.
And also, as a further demonstration of the cordialnesse of your hearts to us, OUR BURFORD FRIENDS, and our own and our Liberties; we desire you to take some speedy course for the faithfull restoring to the right Owners, all such Horses, Money, Clothes, &c. as you, any of you, plundered or stole from our true friends, (cheated and defeated) at Burford, publish some kinde of Demonstration of your or any of your remorse of Conscience for your being instrumentall in destroying of them there, that stood for your good, freedomes and ARREARS, as much, (and as well) as their own, especially considering they have in their foresaid Vindication made it evident and apparent (and we understand they are at face to face to prove) That both our Generall, and Lieutenant Generall Cromwell broke their faith with them, and treacherously surprised them; and so dealt worse and more vilely with them, then ever they did with the worst of Cavaliers, with whom in that kinde they never broke faith with, in their lives; but more especially we desire the last fore-mentioned thing in your hands; because upon that Trayterous and wicked defeat of those our true Friends, (and wilfully murthering of three of them) that really stood for the Nations interest, Liberties, and Freedoms your Generall and Cromwell, with the rest of their faction made a most transcendent Feast, to insult over the Liberties and freedoms of the servants of the most high God as though by that most vile act, they had subdued and buryed all the Liberties of the Nation in eternall oblivion, and FOYL’D the Lord of life and glory himself, from distilling any more Spirit of Courage and Resolution into any to stand for them; and in that wickedest of Feasts, not onely a great measure imitated Belshazzar, Dan. 5. That made a great Feast to a thousand of his Lords, and fetched out the vessels, that by the spolie of the people of God, his father Nebuchadnezzar had gone to the Temple of the Lord, and drank wine in them, and praised the gods of gold and of silver, of brasse, of iron, of wood, and of stone, but also imitated the greatest of the enemies of Christ, who at the slaying of the two witnesses, Rev. 11. rejoiced over them and made merry and sent gifts one to another (as in Gold and Silver plate, &c. was most largely done to your General Fairfax and Lieutenant-General Cromwell) the reason of which is there rendred, which is, because the two Prophets (of Truth and Justice) tormented them that dwelt on the earth; but with comfort and joy we cannot but serve the next words to them, which is, That within a little season after, the Spirit of life from God entred into them, (as we hope and doubt not, but it will abundantly now doe upon the true defenders for justice and righteousnesse amongst men) and they stood upon their feet, and great feare fell upon them that saw them, and great Earthquakes followed, in the nick of which is proclamation that the Kingdoms of this world are become the Kingdoms of our Lord and of his Christ; and he shall reign for ever and ever; unto which we heartily say, Amen, Amen. So with our hearty true love remembred to you all, expecting your, or some of your speedy answer, we commit you to God, and rest
T.212 (9.46) Gerrard Winstanley, A Watch-word to the City of London (10 September, 1649).↩
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ID NumberT.212 [1649.09.10] (9.46) Gerrard Winstanley, A Watch-word to the City of London (10 September, 1649).
Full titleGerrard Winstanley, A Watch-word to the City of London, AND THE ARMIE: WHEREIN You may see that Englands freedome, which should be the result of all our Victories, is sinking deeper under the Norman power, as appears by this relation of the unrighteous proceedings of Kingstone-Court against some of the Diggers at George-hill, under colour of Law; but yet thereby the cause of the Diggers is more brightened and strengthened: so that every one singly may truly say what his freedome is, and where it lies. By Jerrard Winstanly.
When these clay-bodies are in grave, and children stand in place,
This shewes we stood for truth and peace, and freedom in our daies;
And true born sons we shall appear of England that’s our mother,
No Priests nor Lawyers wiles t’imbrace, their slavery wee’l discover.
LONDON, Printed for Giles Calvert at the Sign of the black Spread-Eagle, at the West end of Pauls, 1649.
Estimated date of publication10 September, 1649
Thomason Tracts Catalog informationTT1, p. 768; Thomason E. 573. (1.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
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To the City of London, Freedome and Peace desired.
THou City of London, I am one of thy sons by freedome, and I do truly love thy peace; while I had an estate in thee, I was free to offer my Mite into thy publike Treasury Guild-hall, for a preservation to thee, and the whole Land; but by thy cheating sons in the theeving art of buying and selling, and by the burdens of, and for the Souldiery in the beginning of the war, I was beaten out both of estate and trade, and forced to accept of the good will of friends crediting of me, to live a Countrey-life, and there likewise by the burthen of Taxes and much Free-quarter, my weak back found the burthen heavier then I could bear; yet in all the passages of these eight yeers troubles I have been willing to lay out what my Talent was, to procure Englands peace inward and outward, and yet all along I have found such as in words have professed the same cause, to be enemies to me. Not a full yeere since, being quiet at my work, my heart was filled with sweet thoughts, and many things were revealed to me which I never read in books, nor heard from the mouth of any flesh, and when I began to speak of them, some people could not bear my words, and amongst those revelations this was one, That the earth shall be made a common Treasury of livelihood to whole mankind, without respect of persons; and I had a voice within me bad me declare it all abroad, which I did obey, for I declared it by word of mouth wheresoever I came, then I was made to write a little book called, The new Law of righteousnesse, and therein I declared it; yet my mind was not at rest, because nothing was acted, and thoughts run in me, that words and writings were all nothing, and must die, for action is the life of all, and if thou dost not act, thou dost nothing. Within a little time I was made obedient to the word in that particular likewise; for I tooke my spade and went and broke the ground upon George-hill in Surrey, thereby declaring Freedome to the Creation, and that the earth must be set free From intanglements of Lords and Landlords, and that it shall become a common Treasury to all, as it was first made and given to the sonnes of men: For which doing the Dragon presently casts a flood of water to drown the manchild, even that freedom that now is declared, for the old Norman Prerogative Lord of that Mannou; M Drake, caused me to be arrested for a trespasse against him, in digging upon that barren Heath, and the unrighteous proceedings of Kingstone Court in this businesse I have here declared to thee, and to the whole land, that you may consider the case that England is in; all men have stood for freedom, thou hast kept fasting daies, and prayed in morning exercises for freedom; thou hast given thanks for victories, because hopes of freedome; plentie of Petitions and dost nothing. Within a little time I was made obedient to the word in that particular likewise; for I took my spade and went and broke the ground upon George Hill in Surrey, thereby declaring freedom to the creation, and that the earth must be set free from entanglements of lords and landlords, and that it shall become a common treasury to all, as it was first made and given to the sons of men. For which doing the dragon presently casts a flood of water to drown the man-child, even that freedom that now is declared, for the old Norman prerogative lord of that manor, Mr Drake, caused me to be arrested for a trespass against him, in digging upon that barren heath, and the unrighteous proceedings of Kingston court in this business I have here declared to thee and to the whole land, that you may consider the case that England is in. All men have stood for freedom, thou hast kept fasting days and prayed in morning exercises for freedom; thou hast given thanks for victories, because hopes of freedom; plenty of petitions and promises thereupon have been made for freedom; and now the common enemy is gone, you are all like men in a mist, seeking for freedom and know not where nor what it is: and those of the richer sort of you that see it are ashamed and afraid to own it, because it comes clothed in a clownish garment, and open to the best language that scoffing Ishmael can afford, or that railing Rabsheka can speak, or furious Pharoah can act against him. For freedom is the man that will turn the world upside down, therefore no wonder he hath enemies.
And assure yourselves, if you pitch not right now upon the right point of freedom in action, as your Covenant hath it in words, you will wrap up your children in greater slavery than ever you were in. The Word of God is love, and when all thy actions are done in love to the whole creation, then thou advancest freedom, and freedom is Christ in you and Christ among you; bondage is Satan in you and Satan among you. No true freedom can be established for England’s peace, or prove you faithful in covenant, but such a one as hath respect to the poor as well as the rich; for if thou consent to freedom to the rich in the City and givest freedom to the freeholders in the country, and to priests and lawyers and lords of manors and impropriators, and yet allowest the poor no freedom, thou art then a declared hypocrite, and all thy prayers, fasts and thanksgivings are and will be proved an abomination to the Lord, and freedom himself will be the poor’s portion when thou shalt lie groaning in bondage.
I have declared this truth to the Army and Parliament, and now I have declared it to thee likewise, that none of you that are the fleshly strength of this land may be left without excuse, for now you have been all spoken to, and because I have obeyed the voice of the Lord in this thing, therefore do the freeholders and lords of manors seek to oppress me in the outward livelihood of the world, but I am in peace. And London, nay England, look to thy freedom! I’ll assure thee, thou art very near to be cheated of it, and if thou lose it now after all thy boasting, truly thy posterity will curse thee for thy unfaithfulness to them. Every one talks of freedom, but there are but few that act for freedom, and the actors for freedom are oppressed by the talkers and verbal professors of freedom; if thou wouldst know what true freedom is, read over this and other my writings, and thou shalt see it lies in the community in spirit, and community in the earthly treasury; and this is Christ the true man-child spread abroad in the creation, restoring all things into himself. And so I leave thee,
August 26 1649.
Being a free denizen of thee, and a true
lover of thy peace,
Gerrard Winstanley.
A VVatch-word to the City of London, and the Army.
WHereas we Henry &illegible; Thomas Star, and Jerrard VVinstanly, were arrested into Kingstone Court, by Thomas VVenman, Ralph &illegible; and Richard VVinwood, for a trespasse in digging upon George-hill in Surrey, being the rights of Mr. Drake the Lord of that Mannour, as they say, we all three did appear the first Court day of our arrest, and demanded of the Court, what was laid to our Charge, and to give answer thereunto our selves: But the answer of your Court was this, that you would not tell us what the Trespasse was, unlesse we would see an Attorney to speak for us; we told them we were to plead our own cause, for we knew no Lawyer that we could trust with this businesse: we desired a copie of the Declaration, and profered to pay for it; and still you denied us, unlesse we would see an Attorney. But in conclusion, the Recorder of your Court told us, the cause was not entred; we appeared two Court daies after this, and desired to see the Declaration, and still you denied us, unlesse we will see an Attorney; so greedy are these Attorneys after money, more then to justifie a righteous cause: we told them we could not see any, unlesse we would willfully break our Nationall Covenant, which both Parliament and people have taken joyntly together to endeavour a Reformation. And unlesse we would be professed Traytors to this Nation and Common-wealth of England, by upholding the old Norman tyrannicall and destructivo Lawes, when they are to be cast out of equity, and reason be the Moderator.
Then seeing you would not suffer us to speak, one of us brought this following writing into your Court, that you might read our answer; because we would acknowledge all righteous proceedings in Law, though some slanders us, and say we deny all Law, because we deny the corruption in Law, and endeavour a Reformation &illegible; our place and calling, according to that Nationall Covenant: and we know if your Lawes be built upon equity and reason, you ought both to have heard us speak, and read our answer; for that is no righteous Law, whereby to keep a Common-wealth in peace, when one sort shall be suffered to speak, and not another, as you deal with us, to passe sentence and execution upon us, before both sides be heard to speak.
This principle in the forehead of your Laws, forecells &illegible; to this Common-wealth: for it declares that the Laws that &illegible; such refusall, are selfish and theevish, and full of murder, protecting &illegible; that get money by their Laws, and crushing all others.
The writer hereof does require Mr. Drake, &illegible; he is a &illegible; man; therefore a man counted able to speak rationally, to &illegible; cause of digging with me, and if he shew a just and rationall &illegible; Lords of Mannours have to the Commons, and that they have &illegible; power from God, to call it their right, shutting out others; &illegible; will write as much against it, as ever I writ for this cause. But if I &illegible; by the Law of Righteousnesse, that the poorest man hath as true a &illegible; and just right to the Land, as the richest man, and that undeniably &illegible; earth ought to be a common treasury of livelihood for all, without &illegible; persons: Then I shall require no more of Mr. Drake, &illegible; that he would justifie our cause of digging, and declare abroad, &illegible; the Commons ought to be free to all sorts, and that it is a great &illegible; passe before the Lord God Almighty, for one to hinder another of &illegible; liberty to dig the earth, that he might &illegible; and cloath himself with the fruits of his labor therefrom freely, without owning any Landlord, or paying any rent to any person of his own kind.
I sent this following answer to the Arrest, in writing into Kingstone Court: In foure passages, your Court hath gone contrary to &illegible; righteousnesse of your own Statute Laws: for first it is mentioned in 36. Ed. 3. 15. that no Processe, Warrant, or Arrest should be served, till after the cause was recorded and entred; but your &illegible; either could not, or would not tell us the cause when he arrested us, and Mr. Rogers your Recorder told us the first Court day we appeared, that our cause was not entred.
Secondly, we appeared two other Court daies, and desired a copy of the Declaration, and profered to pay for it, and you denied us. This is contrary to equity and reason, which is the foundation your Lawes are, or should be built upon, if you would have England to be a Common-wealth, and stand in peace.
Thirdly, we desired to plead our own cause, and you denied us, but told us we must see an Attorney to speak for us, or els you would mark us for default in not appearance. This is contrary to your own Laws likewise, for in 28. Ed. 1. 11. chap. there is freedome given to a man to speak for himself, or els he may choose his father, friend or neighbor to plead for him, without the help of any other Lawyer.
Fourthly, you have granted a judgement against us, and are proceeding to an execution, and this is contrary likewise to your own Laws, which say, that no plaint ought to be received, or judgement passed, till the cause be heard, and witnesses present, to testifie the &illegible; to be true, &illegible; Sir Edward Cook 2. part of &illegible; as upon the 29. chap. of Magna Charta, fol. 51. 52. 53. The Mirror of Justice.
But that all men may see, we are neither ashamed nor afraid, to justifie that cause we are arrested for, neither to refuse to answer to it in a righteous way, therefore we have here delivered this up in writing, and we leave it in your hands, disavowing the proceedings of your Court, because you uphold Prerogative oppression, though the Kingly office be taken away, and the Parliament hath declared England a Common-Wealth; so that Prerogative Laws cannot be in force, unlesse you be besotted by your covetousnesse and envy.
We deny that vve have trespassed against those three men, or Mr. Drake either, or that vve should trespasse against any, if vve should dig up, or plovv for a livelihood, upon any the vvast Land in England, for thereby we break no particular Law made by any Act of Parliament, but only an ancient custome, bred in the strength of Kingly Prerogative, vvhich is that old Lavv or custome, by vvhich Lords of Mannours lay claime to the Commons, vvhich is of no force novv to bind the people of England, since the Kingly povver and office vvas cast out: and the common people, who have cast out the oppressor, by their purse and person, have not authorized any as yet, to give away from them their purchased freedome; and if any assume a power to give away, or withhold this purchased freedome, they are Traytors to this Common-Wealth of England: and if they imprison, oppresse, or &illegible; to death any for standing to maintaine the purchased freedome, they are murderers and thieves, and no just rulers.
Therefore in the light of reason and equity, and in the light of the Nationall Covenant, which Parliament and people have taken, with joynt consent: all &illegible; Prerogative customes, which by experience we have found to burden the Nation, ought to be cast out, with the Kingly office, and the Land of England now ought to be a free Land, and a common treasury to all her children, otherwise it cannot properly be called a Common-Wealth.
Therefore we justifie our act of digging upon that &illegible; to make the earth a common treasurie First because the earth was made by Almighty God, to be a common treasury of livelihood for whole mankind in all his branches, without respect of persons; and that not any one according to the Word of God (which is love) the pure Law of righteousnesse, ought to be Lord or landlord over another, but whole mankind was made equall, and knit into one body by one spirit of love, which is Christ in you the hope of glory, even all the members of &illegible; body, called the little world, are united into equality of love, &illegible; serve the whole body.
But since the fall of man there from, which came in by the &illegible; of covetousnesse in the heart of mankind (to which Serpent the &illegible; consented) and from thence mankind was called &illegible; for this covetousnesse makes mankind to be a stoppage of freedome in the &illegible; and by this covetous power, one branch of mankind began to lift up himself above another, as Cain lifted up himself, and killed his brother Abel: and so one branch did kill and steal away the comfortable use of the earth from another, as it is now: the elder brother lives in a continuall the every, stealing the Land from the younger brother. And the plain truth is, theeves and murderers upheld by preaching witches and deceivers, rule the Nations: and for the present, the Laws and Government of the world, are Laws of darknesse, and the divells Kingdome, for covetousnesse rules all. And the power of the sword over brethren in Armies, in Arrests, in Prisons, in gallows, and in other inferiour torments, inflicted by some upon others, as the oppression, of Lords of Mannours, hindring the poore from the use of the common Land, is Adam fallen, or Cain killing Abel to this very day.
And these Prerogative oppressors, are the Adamites & Cainites that walk contrary to the Word of God (which is love) by upholding murder and theft, by Laws which their Fathers made, and which they novv justifie; for in the conquests that. Kings got, their Ancestors did murder and kill, and steal away the earth, and removed the Land mark from the conquered, and made Lavvs to imprison, torment, or put to death, all that vvould adventure to take the Land from them againe, and left both that stoln Land, and murdering Lavvs to their children, the Lords of Mannours, and Freeholders, vvho novv vvith violence, do justifie their Fathers vvickednesse, by holding fast, that vvhich vvas left them by succession.
For vvhat are all the Lavvs of the Nations, in this corrupt covetous Government, lifting up one branch of Adam mankind above another, the Conqueror, above the conquered, or those that have povver above them that are vveak, I say vvhat are they, but Lavvs of murder and theft, yea enmity it self, against the Lavv of righteousnesse, vvhich is love, vvhich makes people do, as they vvould be done unto?
And so all Kingly power, (in one or many mens hands) raigning by the sword, giving the use of the earth to some of mankind (called by him his Gentry) and denying the free use of the Earth to others, called the younger brothers, or common people, is no other but Cain lifted up above Abel; the Prerogative Lawes is Belzabub, for they are the strength of coverousnesse and bondage in the creation, lifting up one, and casting down another: the Atturneys, and Priests, and Lawyers, and Bayliffs are servants to Belzabub, and are Devils; their Prisons, Whips, and Gallows are the torments of this Hell, or government of darknesse; for mind it all along, and you shall see, that covetousnesse and bitter envie gets freedome by these Lawes; But the sincere and meek in spirit, is trod under foot.
And this is that power, that hath made such havock in the Creation, it is that murderer and Devill that is to be cast one: this power of covetousnesse, is he that does countenance murder and theft in them that maintaines his Kingdom by the sword of Iron, and punishes it in others: and so that which is called a sin in the Common people, if they act such things, is counted no sin in the action of Kings, because the have they power of the sword in their hands, the fear whereof makes people to feare them.
But since this Kingly Office by the Parliament, is cast out of England, and England by them is declared to be a free State or Common-wealth, we are in the first place thereby set free from those bonds and ties that the Kings laid upon us: Therefore this Tyranny of one over another, as of Lords of Mannors over the Common people, and for people to be forced to hire Lawyers to plead their causes for them, when they are able to plead themselves, ought to be taken away with the Kingly Office, because they are the strength of the Ancient Prerogative custom.
Secondly we justifie out digging upon George’s hill to make the Earth a common Treasury, because all sorts of people have lent assistance of purse and person to cast out the Kingly Office, as being a burden England groaned under; therefore those from whom money and blood was received, ought to obtain freedom in the Land to themselves and Posterity, by the Law of contract between Parliament and People.
But all sorts, poor as well as rich, Tenant as well as Landlord, have paid Taxes, Free-quarter, Excise, or adventured their lives, to cast out that Kingly Office.
Therefore, all sorts of people ought to have freedom in the Land of this their nativity, without respecting persons, now the Kingly Office is cast out, by their joynt assistance. And those that doe imprison, oppresse and take away the livelihood of those that rise up to take Possession of this purchased freedome, are Traitors to this Nation, and Enemies to righteousnesse: And of this number are those men that have arrested, or that may arrest the Diggers, that endeavour to advance freedom; therefore I say &illegible; sorts ought to have their freedom.
And that in regard they have not only joyned persons and purses together, but in regard likewise, they took the Nationall Covenant, with joynt &illegible; together, which the Parliament did make, of whom Mr Drake &illegible; caused us to be arrested was one; which Covenant likewise, the Ministers in their Sermons, most vehemently prest upon the people to take the &illegible; whereof was this, That every one in his severall place and calling, should endeavor the peace, safety and freedom of England and that the Parliament should assist the people, and the people the Parliament, and every one that had taken it, should assist those that had taken it, while they were in persuit thereof, as in the sixth Article of the Nationall Covenant.
But now Mr. Drake that was one that made this Covenant, and the Surrey Ministers that took it with great real at Kingstone, which I was eye witnesse to, and shall be of their hypocrisie therein, have set up a &illegible; at Cobham one purpose to drive off the Diggers to forsake the persuit of their Covenant are the most vehement to break Covenant and to hinder them that would keep it, neither entring into peace themselves, nor suffering them that are entring into enter.
But in regard some of us did dig upon George’s Hill, thereby to take Possession &illegible; that freedom we have recovered out of the hands of the Kingly Office, and thereby endeavour a Reformation in our place and calling according to the Word of God (which is Love:) And while we are in persuit of this our Covenant, we expect both Parliament than made the Covenant, and the Officers of this Court, and Parish Ministers, and Lords of Mannors themselves, and especially Mr Drake, to assist us herein, against all that shall oppose us in this righteous work of making the Earth a common Treasury; and not to bear us, imprison us, or take away our estates or lives, unlesse they will wilfully break Covenant with God and man, to please their own covetous sroward heart, and thereby declare themselves to be the worst of Devils.
Therefore, in that we doe dig upon that Hill, we do not thereby take away other mens rights neither do we demand of this Court, or from the Parliament, what is theirs and not ours: But we demand our own to be set free to us and them out of the Tyrannicall oppression of ancient custome of Kingly Prerogative; and let us have no more gods to rule over us, but the King of righteousnesse only.
Therefore as the Free-holders claime a quietnesse and freedom in their inclosures, as it is fit they should have, so we that are younger brothers, or the poore oppressed, we claime our freedome in the Commons, that so elder and younger brother may live quietly and in peace, together freed from the straits of poverty and oppression, in this Land of our nativitie.
THus we have in writing declared in effect, what we should say, if we had liberty to speak before you, declaring withall, that your Court cannot end this Controversie in that equity and reason of it, which wee stand to maintaine: Therefore we have appealed to the Parliament, who have received our Appeal and promised an Answer, and we wait for it; And we leave this with you, and let Reason and righteousnesse be our Iudge; therefore we hope you will do nothing rashly, but seriously consider of this cause before you proceed to execution upon us.
You say God will blast our work, and you say, you are in the right, and we are in the wrong: Now if you be Christians, as you say you are; Then doe you act love to us, as we doe to you; and let both sides waite with patience on the Lord, to see who he blesses; but if you oppose by violence, arrest us judge, condemn and execute us, and yet will not suffer us to speak for our selves, but you will force us to give money to our Enemies to speak for us, surely you cannot say your cause is right; but hereby you justifie our cause to be right, because you are the Persecutors of a loving meek spirited people, and so declare that the God you say that will blast us, is covetousnesse, whom you serve by your persecuting power.
Covetous might may overcome rationall right for a time,
But rationall right must conquer covetous might, and that’s the life of mine.
The Law is righteous, just and good, when Reason is the rule,
But who so rules by the fleshly will, declares himself a foole.
Well, this same writing was delivered into their Court, but they cast it away and would not read it, and all was because I would not see an Atturney; and then the next Court day following, before there was any tryall of our cause, for there was none suffered to speak but the Plaintiffe, they passed a Iudgement, and after that an Execution.
Now their Iury was made of rich Free-holders, and such as stand strongly for the Norman power: And though our digging upon that barren Common hath done the Common good, yet this Iury brings on damages of ten pounds a man, and the charges of the Plaintiffe in their Court, twenty nine shilling, and a peny; and this was their sentence and the passing of the Execution upon us.
And 2 dayes after (for in this case they can end a cause speedily in their Court; but when the Atturney and Lawyer get money they keep a cause depending seven yeares, to the utter undoing of the parties, so unrighteous in the Law, and Lawyers) I say, two dayes after they sent to execute the execution, and they put Henry Beckarstaffe in prison, but after three dayes, Mr Drake released him again, Beckarstaffe not knowing of it till the release came; They seek after Thomas Star to imprison his body, who is a poore man not worth ten pounds.
Then they came privately by day to Gerrard Winstanleys house, and drove away foure Cowes; I not knowing of it and some of the Lords Tenants rode to the next Town shouting the diggers were conquered, the diggers were conquered. Truly it is an easie thing to beat a man, and cry conquest over him after his hands are tied, as they tyed ours. But if their cause be so good, why will they not suffer us to speak, and let reason and equity, the foundation of righteous Lawes, judge them and &illegible; But strangers made rescue of those Cowes, and drove them astray out of the Bailiffes hands, so that the Bailiffes lost them; but before the Bailiffes had lost the Cowes, I hearing of it went to them and said here is my body, take me that I may come to speak to those Normans that have stolne our land from us; and let the Cowes go, for they are none of mine; and after some time, they telling me that they had nothing against my body; it was my goods they were to have; then said I take my goods, for the Cowes are not mine: and so I went away and left them, being quiet in my heart, and filled with comfort within my self, that the King of righteousnesse would cause this to work for the advancing of his own Cause, which I prefer above estate or lively hood,
Saying within my heart as I went along, that if I could not get meat to eat, I would feed upon bread, milk and cheese; and if they take the Cowes, that I cannot feed on this, or hereby make a breach between me and him that owns the Cowes, then He feed upon bread and beere, till the King of righteousnesse clear up my innocency, and the justice of his own cause; and if this be taken from me for maintaining his Cause, He stand still and see what he will doe with me, for as yet I know not.
Saying likewise within my heart as I was walking along, O thou King of righteousnesse shew thy power, and do thy work thy self, and free thy people now from under this heavy bondage of miserie, Pharaoh the covetous power. And the answer in my heart was satisfactory, and full of sweet joy and peace: and so I said Father, do what thou will, this cause is thine, and thou knowest that the love to righteousnesse makes me do what I do.
I was made to appeal to the Father of life in the speakings of my heart likewise thus: Father thou knowest that what I have writ or spoken, concerning this light, that the earth should be restored and become a common Treasurie for all mankind, without respect of persons, was thy free revolation to me, I never read it in any book, I heard it from no mouth of flesh till I understood it from thy teaching first within me. I did not study not imagine the conceit of it; self-love to my own particular body does not carry me along in the mannaging of this businesse; but the power of love flowing forth to the liberty and peace of thy whole Creation, to enemies as well as friends: nay towards those that oppresse me, endeavouring to make me a beggar to them. And since I did obey thy voice, to speak and act this truth, I am hated, reproached, and oppressed on evere side. Such as make profession of thee, yet revile me. And though they see I cannot fight with fleshly weapons, yet they will strive with me by that power. And so I see Father, that England yet does choose rather to fight with the Sword of Iron, and coveteousnesse, then by the Sword of the Spirit which is love: and what thy purpose is with this land, or with my body, I know not; but establish thy power in me, and then do what pleases thee.
These and such like sweet thoughts dwelt upon my heart as I went along, and I feel my self now like a man in a storm, standing under shelter upon a hill in peace, waiting till the storm be over to see the end of it, and of many other things that my eye is fixed upon: But I will let this passe,
And return again to the Dragons Den, or Horners best, the selfish murdering fleshly Lawes of this Nation, which hangs some for stealing, and protects others in stealing; Lords of Mannours stole the land from their fellow creatures formerly in the conquests of Kings, and now they have made Lawes to imprison and hang all those that seek to recover the land again out of their thieving murdering hands.
They took away the Cowes which were my livelyhood, and beat them with their clubs, that the Cowes heads and sides did swell, which grieved tender hearts to see: and yet these Cowes never were upon George Hill, nor never digged upon that ground, and yet the poore beasts must suffer because they gave milk to feed me, but they were driven away out of those Devills hands the Bailiffes, and were delivered out of hell at that time.
And thus Lords of Mannours, their Bailiffes the true upholders of the Norman power, and some Freeholders that doe oppose this publick work, are such as the countrey knowes have beene no friends to that Cause the Parliament declared for, but to the Kingly power; and now if they get the foot fast in the stirrup, they will list themselves again into the Norman saddle; and they do it secretly; for they keep up the Norman Lawes, and thereby Traytours to freedome, get into places of Law and power, and by that will enslave England more then it was under the Kingly power.
Therefore England beware; thou art in danger of being brought under the Norman power more then ever. The King Charles that was successour to William the Conquerour thou hast cast out: and though thy Parliament have declared against the Kingly office, and cast it out, and proclaimed England a Common wealth, that is to be a free land for the liberty and livelyhood of all her children;
Yet William the Conquerours Army begins to gather into head againe, and the old Norman Prerogative Law is the place of their randezvous &illegible; though their chief Captain Charles be gone, yet his Colonells, which &illegible; Lords of Mannours, his Councellours and Divines, which are out Lawyers and Priests, his inferiour officers and Souldiers, which are the Freeholders and Land-lords, all which did steal away our Land from us when they killed and murdered our Fathers in that Norman conquest: And the Bailiffes that are slaves to their covetous lusts and all the ignorant bawling women, against our digging for freedome, are the snapsack boyes and the &illegible; &illegible; that follow the Norman Camp.
These are all striving to get into a body againe, that they may set up a new Norman slaverie over us; and the place of their randezvous, Prerogative power is senced already about, with a Line of Communication. An act made by a piece of the Parliament to maintain the old Lawes, which if once this Camp be fortified in his full strength, it will cost many a fighting heart, and burdened spirit before it be taken.
And this Norman Camp are got into so numerous a body already, that they have appointed their Sutlers to drive away the Cowes which were my livelyhood, and some of them they would sell to make money of to pay the Atturney, Gilder, and Lawyers their sees, for denying the diggers our priviledge to plead our own cause; for as it is clearly seen that it we be suffered to speak we shall batter to pieces all the old Lawes, and prove the maintainers of them hypocrites and Traitours to this Common wealth of England, and then the Atturneys and Lawyers Trade goes down, and Lords Mannours must be reckoned equall to other men. And this covetous &illegible; and blood cannot endure.
And other of the Cows were to be killed to victuall the Camp, that is, to feed those Normans Wil Star & &illegible; both Freeholders & others the snaplack boyes, and ammunition drabs that helped to drive away the Cows that they might be encouraged by a belly full of stoln goods to stick the closer to the businesse another time. Or else the price of these Cowes were to pay for the sack and Tobacco which the Norman officers of Knights, Gentlemen, and rich Freeholders did spend at the White Lion at Cobham, when they met the 24. of August 1649, to advise together what course they should take to subdue the diggers; for say they, if the cause of the diggers stand, we shall lose all our honour and titles, and we that have had the glory of the earth shall be of no more account then those slaves our servants and yonger brothers that have been footstools to us and our Fathers ever since the Norman William our beloved Generall took this land (not by love) but by a sharp sword, the power by which we stand: and though we own Christ by name, yet we will not do as he did to save enemies, but by our sword we will destroy our enemies, and do we not deserve the price of some of the diggers &illegible; to pay us for this our good service? And doe not our reverend Ministers tell us that William the Conquerour, and the succeeding Kings were Gods annointed? And do not they say that our inclosures which were goe by that murdering sword, and given by William the Conquerour to our Fathers, and so successivly from them, the land is our inheritance, and that God gave it us, and shall these broken fellows, and beggarly rogues take our rights from us, and have the use of the land equall with us? Thus do these Norman Gentlemen comfort their hearts, and support themselves with broken reeds, when they meet together in their Counsels.
But stay you Norman Gentlemen, let me put in a word amongst you, doth the murderers sword make, any man to be Gods’ &illegible; Surely, Iesus Christ was called Gods annointed not because he conquered with a Sword of iron, but because he conquered by love, and the spirit of patience: therefore your Generall was not Gods annointed, as Christ was.
And then the Earth was not made to be the successive inheritance of children of murderers, that had the strongest arm of flesh, and the best sword, that can tread others under foot with a bold brasen forehead under colour of the Law of justice as the Norman power does; But it was made for all by the Law of righteousnesse, and he gives the whole Earth to be the inheritance of every single branch of mankind without respect of persons, and he that is filled with the love of this righteous King, doing as he would be done by is a true annointed one.
Therfore, that god whom you serve, and which did intitle you Lords, Knights Gentlemen, and Landlords, is covetousnesse, the god of this world, which alwayes was a murderer, a devil and father of lies, under whose dark governing power, both you and all the nations of the world for the present are under. But the King of righteousnesse or God of love whom I serve, did not call the earth your inheritance, shutting our others, but gave the earth to be a common treasurie to whole mankind (who is the Lord of it) without respect of person.
This power of love, is the King of righteousnesse, the Lord God Almighty that rules the whole Creation in peace, that is the Seed that &illegible; covetousnesse the Serpents head; he is the restoring power, that is now rising upto change all things into his own nature, he will be your Iudge, for vengance is his; and for any wrong you have done me, as I can tell you of many, yet I have given all matters of judgment and vengance into his hand, and I am sure he will doe right, and discover him that is the &illegible; Trespasser, that takes away my rights from me.
And take notice of this, you Lords of Mannors, and Norman Gentry, though you should kill my body or starve me in prison, yet know, that the more you strive, the more troubles you hearts shall be filled with; and doe the worst you can to hinder publick freedom, you shall come off losers in the later end, I &illegible; you shall lose your Kingdom of darknesse, though I lose my livelihood, he poor Cowes that is my living, and should be imprisoned: you have been told this 12 Months &illegible; that you should lose ground by striving, and will you not take warning, will you needs shame your selves, to let the poore Diggers take away your Kingdome from you? surely, the power that is in them, will take the rule and government from you, and give it a people that will make better use of it.
Alas! you poor blind earth mouls, you strive to take away my livelihood, and the liberty of this poor weak frame my body of flesh, which is my house I dwell in for a time; but I strive to cast down your kingdom of darknesse, and to open Hell gates, and to break the Devils &illegible; asunder, wherewith you are tied, that you my Enemies may live in peace, and that is all the harm I would have you to have.
Therefore you Lords of Mannors, you Free-holders, you Norman-Clergy, oppressing Tith-mungers, and you of the Parliament men, that have plaid fast and loose with this poor Nation, for what is past let it goe; hereafter advance freedom and liberty, and pluck up bondage; and sinne no more by Lording it over your Lords and Masters, that set you upon those Parliament Seats, left worse things befall you then yet hath.
But to return again to Mr Gilders advice, the Atturney of Kingstone Court, and the proceeding of that Court with the Cowes; you heare how they did judge, condemn and execute me, not suffering me to speak; and though those four Cowes were rescued out of their hands by strangers, not by me; and so by their own Law, they should have looked after the Rescuers, yet contrary to their own Law, they came againe to Winstanleys dwelling a fortnight after, and drove away seven Cowes and a Bull in the night time, some of the Cowes being Neighbour’s that had hired pasture; and yet the damage which their Norman Iury, and their covetous besotted ignorant Atturney Mr Gilder, had judged me to pay for a &illegible; in digging upon that barren George’s Hill, was but eleven pound &illegible; shillings and a &illegible; charges & all, which they are like never to have &illegible; me, for an empty carrier will dance and sing before these Norman &illegible; and &illegible; And thus you see they judged and passed sentence upon &illegible; but once at their prerogative pleasure, which they call Englands &illegible; &illegible; &illegible; me twice, that they might be sure to kill me. But yet &illegible; &illegible; likewise are brought home againe, and the heart of my Enemies is put into the pound of vexation because the Cowes are set free. Surely, these Lords of Mannors and the Atturney Mr Gilder, that gave advice to Arrest us for digging, have burned their Bibles long agoe, because they have so quite and clean forgotten that Petition in the Lords prayer, forgive &illegible; &illegible; trespasses &illegible; we forgive them; for they make this a trespasse against them, for digging upon the wast land of our mother the Land of England for a livelihood, when as their Law it self saith, That the Commons and waste belong to the poore.
So that you see the Norman Camp is grown very numerous and big, that they want much &illegible; to vituall them and they are such hungry &illegible; that they will eat poor lean Cowes that are little better then skin & bone; and poor Cowes if I keep them in the winter, they are like to be poorer for for want of Hay; for before the report of our digging was much known, I bought three Acres of &illegible; of a Lord of a Mannor, whom I will not here name because I know the councel of others made him prove fals to me; for when the time came to &illegible; I brought &illegible; to pay him before hand; but he answered me. I should not have it, but sold it to another before my face; this was because his Parish Priest, and the &illegible; Ministers, and sorry ones too they are that have set up a Lecture at &illegible; for a little time, to preach down the Diggers, have bid the people neither to buy nor sell with us, but to beat us, imprison us, or banish us; and thereby they prove themselves to be members of the Beast that had two horns, like a Lamb, and yet speak like a Dragon, & so they fulfill that Scripture in &illegible; 13. 16. that no man might buy and sell, save he that had the mark of the Beast. Or else surely, they do it no purpose to quicken us to our &illegible; and to drive us to Plant the Commons with all speed as may be.
But though the Cowes were poor, yet they care not, so the skins will but pay the Lawyers and Atturneys Gilder his Fees, and the flesh to feed the snapsack &illegible; either to eat and make &illegible; with, or else to sell to make money of, to pay those that drive away the Cowes for their paines or charges they have been at, in this 18 weeks striving to beat the Diggers off their work: But the bones will serve the &illegible; to pick, because their action will be both proved thievery in stealing another mans &illegible; and their trespasse very great against the same man, in opening &illegible; Gates round about the ground, where &illegible; dwels, and &illegible; Hegs and comman &illegible; &illegible; the standing &illegible; and other corn, which the right owned will &illegible; satisfaction for.
So that the sury of this Norman Camp against the Diggers is so great, that they would not only drive away all the Cowes upon the ground, but spoyl the corn too, and when they had done this mischief, the Bayliffs, & the other Norman snapsack boyes went hollowing and shooting, as if they were dancing at a whitson Ale; so &illegible; are to do mischief to the Diggers, that they might hinder the work of freedome.
And why are they so surious against us? but because we endeavour to dig up their Tythes, their Lawyers Fees, their Prisons, and all that Art and Trade of darknesse, whereby they get money under couller of Law; and to plant the plesant fruit trees of freedom, in the room of that cursed the &illegible; the power of the murdering sword; for they say, they doe all they do by the Law of the Land which the Parliament hath confirmed to them by an Act: And if so, Then Souldiers where is the price of your blood? and Countrey-men, and Citizens, Where is the price of your Taxes and Free-quarter? If this be the freedom, you are like to have, to be beaten and not be suffered to say why doe you so, and shall have no remedy, unlesse you will Fee a Lawyer (an Enemy) to plead for you, when you are able to plead your own cause better your self, and save that charge, and have your cause ended sconer and with more peace and quietnesse.
And you zealous Preachers, and professors of the City of London and you great-Officers and Souldiery of the Army, Where are all your Victories over the Cavaliers, that you made such a blaze in the Land, in giving God thanks for, and which you begged in your Fasting dayes, and morning Exercises; Are they all sunck into the Norman power again, and must the old Prerogative Laws stand; what freedom then did you give thanks for? Surely, that you had killed him that rid upon you, that you may getup into his saddle to ride upon others; O thou City, thou Hypocriticall City! thou blindfold drowsie England, that steps and snorts in the bed of coveousnesse, awake awake, the Enemies is upon thy back, he is ready to scale the walls and &illegible; Possession, and wilt thou not look out.
Does not the streames of bondage run in the same river that it did, and with a bigger stream of Norman power; so that if you awaken not betimes, the stood of the Norman Prerogative power, will drown you all; here’s more rivers comes into the maine stream; since the storm fell and the waters of fury rises very high, banked in by Laws; and while you are talking and disputing about words, the Norman Souldiers are secretly working among you to advance their power again; and so will take away the benefit of all your victories by a &illegible; act of &illegible; Lawes, which the sword in the field could not do against you: and when you have lost that freedom, which you boasted of that you will leave to your posterity, then who must give thanks you that vapoured in words or they that lay close in action, &illegible; to trip up you hee a by policy, when the sword could not do it.
I tell thee thou England, thy battells now are &illegible; &illegible; Dragon against the Lamb, and the power of love against the power of coverousnesse; therefore all that will be Souldiers for Christ, the Law of righteousnesse joyn to the Lamb. He that takes the iron sword now shall perish with it, and would you be a strong Land and flourish in beauty, then fight the Lambs battels, and &illegible; strength shall be thy wall and bulwarks.
You Knights, Gentlemen, and Freeholders, that sat in councell at the which Lion it Cobhans to find out who are our backers, and who stirs us up to dig the Commons Ile tel you plainly who it is, it is love, the King of righteousnes ruling in out hearts that makes us &illegible; to act that the creation may be set at liberty, and now I have answered your inquire, do what you can to him and us his servants: And we &illegible; you in his name to let our cause have a publick triall, and do not work any longer in darknesse, set not your Bailiffes and slaves to come by night to steal away the Cowes of poore men under colour of justice, when as the cause was never yet heard in open Court.
He that backs you; and that &illegible; you to work, to deny to us out younger brother the use of the common land, is &illegible; which is &illegible; the greatest, devil so that there is the 2 generalls known, which you & we fight under, the 2 great Princes of light and darknes bondage and freedom, that does Act all flash in the great controversies of the world. These are the a men that stir in this busines, that is, the wicked man that councels, & &illegible; &illegible; be so envious and &illegible; against us, and the righteous man Christ, that backs and councells us to love you our enemies. And do we not see that Gobal, &illegible; and &illegible; and all the rabble of the nations, Lords, Knights, Gentlemen, Lawyers, Bailiffes, Priests, and all the Norman snapsack boyes, and ammunition women to the old Norman-Camp do all combine together in the art of &illegible; fury, to drive the poore diggers off from their work, that the name of community and freedome which is Christ, may not be known in earth. Thus I have deale plainly with you all, and I have not &illegible; Parliament, Army, City, nor Countrey, but have declared in this, and other writings the whole light of that truth revealed to me by the word of the Lord: and I shall now wait to see his hand to do his own work in what time, and by what instruments he pleases. And I see the poore must first be picked out, and honoured in this work, for they begin to receive the word of righteousnesse, but the rich generally are enemies to &illegible; freedome.
The work of digging still goes on, and steps not for a rest:
The Cowes were gone, but are return’d, and we are all at &illegible;
No money’s paid, nor never shall, to Lawyer or his man
To plead our cause, for therein wee’ll do the best we can.
In Cobham on the little Heath our digging there goes on.
And all our friends they live in love, as if they were &illegible; one.
Thus you Gentlemen, that will have no Law to rule over you, but your &illegible; will must be above Law, and above us that are the yonger brother in the &illegible; but if you say, no, your wil shal be subject to Law: then I demand of you Mr &illegible; Mr Gilder, and other the Bailiffes and Officers of Kingston Court, why will you &illegible; rest us, and trouble us, and say we trespasse against you, and though we &illegible; &illegible; &illegible; to your arrest, and to plead our own cause, yet contrary to the equity &illegible; contrary to the bare letter that the Law, as I shewed you before, you denyed, me that priviledge, but went on and did condemne and execute aforceable power upon body and goods, it not your will here, above Law? do you not hereby uphold the Norman conquest?
Mr Drake, you are a Parliament man, and was not the beginning of &illegible; &illegible; between King Charles and your House? This the King pleaded to uphold Prerogative, and you were against it, and yet must a Parliament man be the first man to uphold Prerogative, who are but servants to the Nation for the peace and liberty of every one, not conquering Kings to make their wil a Law? did you not promise liberty to the whole Nation, in case the Cavalier party were cast our? and why now wil you seek liberty to your self and Gentry, with the &illegible; of just liberty and freedome to the common people, that have born the greatest burden?
You have arrested us for digging upon the common Land, you have executed your &illegible; &illegible; power, in distraining &illegible; imprisoning our bodies, and yet our cause was never publicks beard, neither can it be proved that we have broke any Law, that is built upon equity and reason therfore we wonder where you had your power to rule over us by will, more then we to rule over you by &illegible; will. We request you before you go too far, not to let &illegible; be your &illegible; &illegible; not others under your &illegible; under colour of Law, as if none knew equity of Law but your for we and our estates shall be horns in your eyes, and &illegible; in your sides, and you may curse that Councell bid you beg our estates, or imprison our persons. But this we request that you would let us have a fair open triall, and do not carry on the course of Law in secret, like &illegible; that is afraid to have his businesse come to light; therefore I challenge you once more, seeing you professe your selves Christians, to let us be brought to a trial of our cause; let your &illegible; plead with us in this scriptures, & let your Lawyers plead with us in the equity & reason of your own Law; and if your &illegible; us &illegible; then we shal lay down our work and acknowledge we have trespassed against you in digging upon the Commons, & then punish us. But if we prove by Scripture & reason that &illegible; the land belongs to one as well as another, then you shal own our work, justifie our cause, it declare that you have done wrong to Christ, who you say in your Lord and &illegible; &illegible; &illegible; &illegible; his servants, & your fellow creatures, while we are doing his work. Therefore I &illegible; &illegible; be men of moderation in outward shew, I desire that your actions towards your fellow treasures may not &illegible; like one beast to mother, but carry your selves, like man to man; for your proceeding in your pretence of law hither to against us, it both unrighteous &illegible; & &illegible; and &illegible; of the &illegible; of man seen in it. You Atturnies and Lawyers, you say you are ministers of justice, & we know that equity and reason it, or ought to be the foundation of Law; if so, than plead not for mony altogether but stand for &illegible; justice & equity; then you will have peace; otherwise both you with the &illegible; Clergy will be cast out as &illegible; salt.
FINIS.
T.213 (9.47) Anon., The Remonstrance of many Thousands of the Free-People of England (21 September, 1649).↩
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ID NumberT.213 [1649.09.21] (9.47) Anon., The Remonstrance of many Thousands of the Free-People of England (21 September, 1649).
Full titleAnon., The Remonstrance of many Thousands of the Free-People of England. Together with the Resolves of the Young-men and Apprentices of the City of London, in behalf of Themselves, and those called Levelers, For the Attainment of their just Requestes in their Petition of May 20. 1647. Also their petition of January 19. 1647. and of September 11. 1648. Together with the Agreement of the Free People of England May. 1. 1649. With Their Solemn Engagement for Redeeming, Setling, and Securing the Peoples Rational, and just Rights, and Liberties, against all Tyrants whatsoever, whether in Parliament, Army, or Councel of State.
London, Printed in the yeer, 1649.
21 September, 1649.
Thomason Tracts Catalog informationTT1, p. 770; Thomason E. 574. (15.)
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THE REMONSTRANCE Of (those Reproachfully Called) the LEVELLERS, In behalf of Themselves and all the Free People of ENGLAND:
FOrasmuch as many Adresses have been made by us the Free People of England, to the Supream visible Authority of the Nation, and all have proved Barren and Fruitless, although by us Cordially and Really intended for the firm Setling and Establishment of the Peace, Liberties, and Freedoms of this Distracted and Distressed Nation: Yet notwithstanding all our good Meanings and Intentions (by the Usurped Tyranny of a Traytorous Party amongst them) have not only been mis-construed, but branded with Treasonous, Schismatical, Dangerous, and the like; and our dearest Friends the Promoters thereof, some of them killed, others robb’d, and the rest imprisoned in the Tower, by which means our Distractions are more and more encreased, and our Burdens become so insupportable, that dispairing of any other way of Redress, we are inforced and compelled to make use of that Means Nature teacheth us for our own preservation, and for the preservation of this oppressed Country and land of our Nativity; fully Resolving and Protesting against all those Tyrants and Usurpers now sitting at Westminster, or any their Acts, Ordinances, Decrees, Orders, or Votes; and Denying any the least Obedience to, or observance of the same, till all and every our former Petitions (with the Agreement of us Free People of England) be duely Considered, and fully Granted.
In the mean time we utterly deny the Payment of all Taxes, Assessements, Tythes, or being burdened with Free-Quarter; Resolving (God willing) to shake off that insupportable and Iron-yoak put about our necks by the Usurping Tyrants and Destroyers of the Laws, Liberties, and Freedoms of the People, whether Fairfax, Cromwel, Ireton, Hasterigge, Bradshaw, Harrison, or any of those now in Combination at Westminster, or of those calling themselves a Councel of State: For effectual doing of which;
WEE shall Resolve to run all hazzards in Protecting the Free-People [as much as in us lieth] from the force and violence of the Sword of their and our Enemies, and do our utmost to bring to speedy Justice all those that have already Murdered and Robbed our Friends, whether at Ware, Burford, London, Oxford, or else-where.
All that come unto us, shall [not only be freed from all Taxes, but] have his free Vote [after the Dissolution of this Corrupt Session] to Chuse and Elect a Representative in the Country, or Burrough wherein he liveth, for Setling the FREEDOMS and LIBERTIES of the People upon the permanent and sure foundation of a Popular Agreement.
That all Souldiers that shall Side with us in the just Attainment of those Ends before mentioned, shall have all and every part of their Debenters for past Service assured to them presently upon their Engagement.
Seeing divers Parliament-men, Committees, Sequestrators, Excize-men, and others, have enriched themselves these times of trouble; If any two honest men can testifie upon Oath what every such Parliament-man, Committee-man, Excize-man, or Sequestrator, &c. was worth in Personal Estate at the beginning of this Parliament, or how much he stood indebted at such time as this Parliament began, he shall enjoy only that Estate he then had, and no more: and if indebted, the Debts he hath paid since, [as well as the Estate he hath since got] shall be liable to make Satisfaction to all and every Free Commoner that hath been any wayes damnified either by KING or PARLIAMENT, since the beginning of these un-natural troubles.
That all and every Member of this pretended Parliament, [in case such Witnesses cannot be found] shall be put to his Oath, what Estate he at such time enjoyed.
That all the Lands, Goods, and Hereditaments of the late King, [in case a Free Parliament duely Elected, shall abolish the Kingly Office] shall satisfie the Publick Debts of the Kingdom; and if not enough, the rest to be made good, by way of equal Subsidies, till all the Publick Debts be fully defrayed, and all the Souldiery paid.
That every Free Commoner shall be put into a way, and inabled with Means for his Natural subsistance, and those that deny lawful Labour for their Livelyhood shall be forced therto, or punished as idle Vagrants, or lewd persons.
That after a Settlement according to the Popular Agreement, every man shall be Protected in his just Right of Life and Goods against all pretended and law-lesse Powers whatsoever.
That all Laws and Customs of this Realm shall be written in the plain English tongue, without any Abridgement or Abreviation whatsoever.
That all differences whatsoever, shall be tryed in every Respective County by 12 men of the Neighbor-hood, and that no Offender whatsoever shall be denied a Legal Tryal at the first Sessions after his Commitment; at ever such Tryal or Goal-delivery, to be Acquitted or Condemned, as his Crime shall be proved: And in case he be found Innocent, that those that Prosecured him wrongfully, shall make him satisfaction out of his, or her Estate; and if not able, to be imprisoned twice the time the innocent party was.
That no Monopoly whatsoever, or Restriction of Trade shall be tollerated or allowed, but a Free Trade restored all the Land over: and that all Monopolizers shall give Reparations to the Common-wealth, and the persons that have been damnified by them, or suffer imprisonment accordingly.
That no Officer whatsoever, Chosen or to be Chosen, Continue his Office above one yeer at most, and then a new one to be Chosen by the Generallity of the people; every one above the Age of twenty (except Servants, Beggars, or Criminaries) to have a free voice in the Election, and the major part to carry it by voices or signing of hands thereto.
In case this Common-wealth shall not, or cannot be at peace without one Head or King to Reign over them, that then Certificates shall be forthwith Printed, and sent into all Countries for approval thereof: that if we must have a King, the Crown of England may return to the right Owner: or if most appear against that Government; it may be Governed as Free Estates, and not otherwise: our Persons delivered and acquitted of imprisonment and the rage of cruel Goalers, and we become an absolute Free People, according to Solemn deep Engagements, Vows, and Promises formerly made unto us; and no more become a prey to mercinary bribing Lawyers, Cruel Goalers, that for lucre and gain, sell God, King, Truth, Law, Gospel, Justice, Mercy, Right, Lives, Estates, and Liberties; and expose us [Free People] to Beggary, Shame, Reproach, and Rapine of the Sword of our fellow Subjects, Tyrants, Traytors, and Usurpers: And that hereafter no Lawyer [being a Member of the House] shall be suffered to Plead as a Lawyer whilst he is a Member thereof.
That no man whatsoever be imprisoned for his Religion, but that every one may be obedient to the Moral and Civil Laws of the Land, every one living quietly and Brotherly one by another, notwithstanding difference in judgements or Religion, but by the Bands of Love all may be drawn to the right knowledge of the Truth, and no Compulsion or Persecution used otherwise to subvert or with-draw any man from his Religion or Faith.
Lastly, For the attainment of all these Ends before mentioned, we have drawn our Swords, and are Resolved not to put them up again, till we have obtained the things before specified; not doubting of the Aide and Assistance of all honest and well-meaning men.
And further we Declare, That what Damage any man shall have by joyning with us, either from the pretended Parliament, or their Apostatizing Army, we promise in the Name of Free Commoners to see made good out of the Estates of those that procure any such Damage.
This may serve as a Mirror for all Christian men to look into the Reallity of our Intentions and Resolutions which we have undertaken to free ourselves from Tyranny, Slavery, and Bondage; which we may the more easily facillitate, if we consider that we have the Hands, and the Strength of the Kingdom on our sides, that their power and force are likely to be diminished daily by Revolting from them; together with the power of the Prince being now successeful over them in Ireland, their perfidious joyning with Oneal that barbarous bloudy Rebel, [a profest Papist] their breach of all Oaths, Engagements, and Declarations with the King and Kingdom; their slinging by their Engagement with their Brethren the Scots: their erecting a Tyrannous Councel of State, far worse then the Star-Chamber, Councel-Board, or High-Commission; Burdening the several Counties with increase of Taxes, Sessments, Excise, Free-Quarter, and the like; the barbarous and inhuman imprisoning and shooting to death many Consciencious and godly people: all which we have taken into serious and deep Consideration, knowing that all our Lives are as deeply, and equally engaged, as those that so unjustly suffered; therefore we Protest [as in the presence of the All-seeing Eye] that we shall still go cheerfully forward [notwithstanding those many discouragements we have already received] and therein will Sacrifice all the Remainder of our Lives and Estates, as we have began, we will [by the blessing of God] recover our lately lost Liberties, earned at so dear a rate, as the precious Lives of so many of his dear Saints; revenge the bloud of our Brethren; and so long as we have breath, or strength, to do our utmost endeavors to bring all Tyrants or Traytors [notwithstanding any Priviledge to the Contrary] to exact Tryal, and shall for ever hereafter, as formerly, think it more honor to die like men, then live like slaves under any pretended Authority whatsoever.
And so help us God.
This is already Signed with 98064 hands, and more to be added daily; so soon as we can give notice hereof to our Afflicted Brethren in all the Counties of England and Wales.
FINIS.
T.273 [1649.10] John Milton, Eikonoklastes (Oct., 1649).↩
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Source or Full titleThe Prose Works of John Milton: With a Biographical Introduction by Rufus Wilmot Griswold. In Two Volumes (Philadelphia: John W. Moore, 1847). In vol. 1 </titles/1209#lf0233-01_head_163>.
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Text of Pamphlet
ἘΙΚΟΝΟΚΛΑΣΤΗΣ.
- Prov. xxviii. 15. As a roaring lion, and a raging bear, so is a wicked ruler over the poor people.
- 16. The prince that wanteth understanding, is also a great oppressor; but he that hateth covetousness, shall prolong his days.
- 17. A man that doth violence to the blood of any person, shall fly to the pit, let no man stay him.
sallust. conjurat. catilin.
Regium imperium, quod initio, conservandæ libertatis, atque augendæ reipublicæ causâ fuerat, in superbiam, dominationemque se convertit.
Regibus boni, quam mali, suspectiores sunt, semperque his aliena virtus formidolosa est Impunè quælibet facere, id est regem esse.
published by authority.
THE PREFACE.
To descant on the misfortunes of a person fallen from so high a dignity, who hath also paid his final debt, both to nature and his faults, is neither of itself a thing commendable, nor the intention of this discourse. Neither was it fond ambition, nor the vanity to get a name, present or with posterity, by writing against a king. I never was so thirsty after fame, nor so destitute of other hopes and means, better and more certain to attain it; for kings have gained glorious titles from their favourers by writing against private men, as Henry VIIIth. did against Luther; but no man ever gained much honour by writing against a king, as not usually meeting with that force of argument in such courtly antagonists, which to convince might add to his reputation. Kings most commonly, though strong in legions, are but weak at arguments; as they who ever have accustomed from the cradle to use their will only as their right hand, their reason always as their left. Whence unexpectedly constrained to that kind of combat, they prove but weak and puny adversaries: nevertheless, for their sakes, who, through custom, simplicity, or want of better teaching, have no more seriously considered kings, than in the gaudy name of majesty, and admire them and their doings as if they breathed not the same breath with other mortal men, I shall make no scruple to take up (for it seems to be the challenge both of him and all his party) to take up this gauntlet, though a king’s, in the behalf of liberty and the commonwealth.
And further, since it appears manifestly the cunning drift of a factious and defeated party, to make the same advantage of his book, which they did before of his regal name and authority, and intend it not so much the defence of his former actions, as the promoting of their own future designs, (making thereby the book their own rather than the king’s, as the benefit Edition: current; Page: [442] now must be their own more than his;) now the third time to corrupt and disorder the minds of weaker men, by new suggestions and narrations, either falsely or fallaciously representing the state of things to the dishonour of this present government, and the retarding of a general peace, so needful to this afflicted nation, and so nigh obtained; I suppose it no injury to the dead, but a good deed rather to the living, if by better information given them, or, which is enough, by only remembering them the truth of what they themselves know to be here misaffirmed, they may be kept from entering the third time unadvisedly into war and bloodshed: for as to any moment of solidity in the book itself, (save only that a king is said to be the author, a name, than which there needs no more among the blockish vulgar, to make it wise, and excellent, and admired, nay to set it next the Bible, though otherwise containing little else but the common grounds of tyranny and popery, dressed up the better to deceive, in a new protestant guise, trimly garnished over,) or as to any need of answering, in respect of staid and well-principled men, I take it on me as a work assigned rather, than by me chosen or affected: which was the cause both of beginning it so late, and finishing it so leisurely in the midst of other employments and diversions. And though well it might have seemed in vain to write at all, considering the envy and almost infinite prejudice likely to be stirred up among the common sort, against whatever can be written or gainsaid to the king’s book, so advantageous to a book it is only to be a king’s; and though it be an irksome labour, to write with industry and judicious pains, that which, neither weighed nor well read, shall be judged without industry or the pains of well-judging, by faction and the easy literature of custom and opinion; it shall be ventured yet, and the truth not smothered, but sent abroad in the native confidence of her single self, to earn, how she can, her entertainment in the world, and to find out her own readers: few perhaps, but those few, of such value and substantial worth, as truth and wisdom, not respecting numbers and big names, have been ever wont in all ages to be contented with. And if the late king had thought sufficient those answers and defences made for him in his lifetime, they who on the other side accused his evil government, judging that on their behalf enough also hath been replied, the heat of this controversy was in all likelihood drawing to an end; and the further mention of his deeds, not so much unfortunate as faulty, had in tenderness to his late sufferings been willingly foreborne; and perhaps for the present age might have slept with him unrepeated, while his adversaries, calmed and assuaged with the success of their cause, had been the less unfavourable to his memory. But since he himself, making new appeal to truth and the world, hath left behind him this book, as the best advocate and interpreter of his own actions, and that his friends by publishing, dispersing, commending, and almost adoring it, seem to place therein the chief strength and nerves of their cause; it would argue doubtless in the other party great deficience and distrust of themselves, not to meet the force of his reason in any field whatsoever, the force and equipage of whose arms they have so often met victoriously: and he who at the bar stood excepting against the form and manner of his judicature, and complained that he was not heard; neither he nor his friends shall have that cause now to find fault, being met and debated with in this open and monumental court of his erecting; and not only heard uttering his whole mind at large, but answered: which to do effectually, if it be necessary, that to his book nothing the more respect be had for being his, they of his own party can have no just reason to exclaim. For it were too unreasonable that he, because dead, should have the liberty in his book to speak all evil Edition: current; Page: [443] of the parliament; and they because living, should be expected to have less freedom, or any for them, to speak home the plain truth of a full and pertinent reply. As he, to acquit himself, hath not spared his adversaries to load them with all sorts of blame and accusation, so to him, as in his book alive, there will be used no more courtship than he uses; but what is properly his own guilt, not imputed any more to his evil counsellors, (a ceremony used longer by the parliament than he himself desired,) shall be laid here without circumlocutions at his own door. That they who from the first beginning, or but now of late, by what unhappiness I know not, are so much affatuated, not with his person only, but with his palpable faults, and doat upon his deformities, may have none to blame but their own folly, if they live and die in such a strooken blindness, as next to that of Sodom hath not happened to any sort of men more gross, or more misleading. Yet neither let his enemies expect to find recorded here all that hath been whispered in the court, or alleged openly, of the king’s bad actions; it being the proper scope of this work in hand, not to rip up and relate the misdoings of his whole life, but to answer only and refute the missayings of his book.
First, then, that some men (whether this were by him intended, or by his friends) have by policy accomplished after death that revenge upon their enemies, which in life they were not able, hath been oft related. And among other examples we find, that the last will of Cæsar being read to the people, and what bounteous legacies he had bequeathed them, wrought more in that vulgar audience to the avenging of his death, than all the art he could ever use to win their favour in his lifetime. And how much their intent, who published these overlate apologies and meditations of the dead king, drives to the same end of stirring up the people to bring him that honour, that affection, and by consequence that revenge to his dead corpse, which he himself living could never gain to his person, it appears both by the conceited portraiture before his book, drawn out to the full measure of a masking scene, and set there to catch fools and silly gazers; and by those Latin words after the end, Vota dabunt quæ bella negarunt; intimating, that what he could not compass by war, he should achieve by his meditations: for in words which admit of various sense, the liberty is ours, to choose that interpretation, which may best mind us of what our restless enemies endeavour, and what we are timely to prevent. And here may be well observed the loose and negligent curiosity of those, who took upon them to adorn the setting out of this book; for though the picture set in front would martyr him and saint him to befool the people, yet the Latin motto in the end, which they understand not, leaves him, as it were, a politic contriver to bring about that interest, by fair and plausible words, which the force of arms denied him. But quaint emblems and devices, begged from the old pageantry of some twelfthnight’s entertainment at Whitehall, will do but ill to make a saint or martyr: and if the people resolve to take him sainted at the rate of such a canonizing, I shall suspect their calendar more than the Gregorian. In one thing I must commend his openness, who gave the title to this book, Ειϰὼν Βασιλιϰὴ, that is to say, The King’s Image; and by the shrine he dresses out for him, certainly would have the people come and worship him. For which reason this answer also is entitled, Iconoclastes, the famous surname of many Greek emperors, who in their zeal to the command of God, after long tradition of idolatry in the church, took courage and broke all superstitious images to pieces. But the people, exorbitant and excessive in all their motions, are prone ofttimes not to a religious only, but to a civil kind of idolatry, Edition: current; Page: [444] in idolizing their kings: though never more mistaken in the object of their worship; heretofore being wont to repute for saints those faithful and courageous barons, who lost their lives in the field, making glorious war against tyrants for the common liberty; as Simon de Momfort, earl of Leicester, against Henry the IIId; Thomas Plantagenet, earl of Lancaster, against Edward IId. But now, with a besotted and degenerate baseness of spirit, except some few who yet retain in them the old English fortitude and love of freedom, and have testified it by their matchless deeds, the rest, imbastardized from the ancient nobleness of their ancestors, are ready to fall flat and give adoration to the image and memory of this man, who hath offered at more cunning fetches to undermine our liberties, and put tyranny into an art, than any British king before him: which low dejection and debasement of mind in the people, I must confess, I cannot willingly ascribe to the natural disposition of an Englishman, but rather to two other causes; first, to the prelates and their fellow-teachers, though of another name and sect,* whose pulpit-stuff, both first and last, hath been the doctrine and perpetual infusion of servility and wretchedness to all their hearers, and whose lives the type of worldliness and hypocrisy, without the least true pattern of virtue, righteousness, or self-denial in their whole practice. I attribute it next to the factious inclination of most men divided from the public by several ends and humours of their own. At first no man less beloved, no man more generally condemned, than was the king; from the time that it became his custom to break parliaments at home, and either wilfully or weakly to betray protestants abroad, to the beginning of these combustions. All men inveighed against him; all men, except court-vassals, opposed him and his tyrannical proceedings; the cry was universal; and this full parliament was at first unanimous in their dislike and protestation against his evil government. But when they, who sought themselves and not the public, began to doubt, that all of them could not by one and the same way attain to their ambitious purposes, then was the king, or his name at least, as a fit property first made use of, his doings made the best of, and by degrees justified; which begot him such a party, as, after many wiles and strugglings with his inward fears, emboldened him at length to set up his standard against the parliament: whenas before that time, all his adherents, consisting most of dissolute swordsmen and suburb-roysters, hardly amounted to the making up of one ragged regiment strong enough to assault the unarmed house of commons. After which attempt, seconded by a tedious and bloody war on his subjects, wherein he hath so far exceeded those his arbitrary violences in time of peace, they who before hated him for his high misgovernment, nay fought against him with displayed banners in the field, now applaud him and extol him for the wisest and most religious prince that lived. By so strange a method amongst the mad multitude is a sudden reputation won, of wisdom by wilfulness and subtle shifts, of goodness by multiplying evil, of piety by endeavouring to root out true religion.
But it is evident that the chief of his adherents never loved him, never honoured either him or his cause, but as they took him to set a face upon their own malignant designs, nor bemoan his loss at all, but the loss of their own aspiring hopes: like those captive women, whom the poet notes in his Iliad, to have bewailed the death of Patroclus in outward show, but indeed their own condition.
Πάτροϰλον προϕασιν, σϕῶν δ’ ϰὐτῶν ϰήδε ἑϰάςη.—
And it needs must be ridiculous to any judgment unenthralled, that they, who in other matters express so little fear either of God or man, should in this one particular outstrip all precisianism with their scruples and cases, and fill men’s ears continually with the noise of their conscientious loyalty and allegiance to the king, rebels in the meanwhile to God in all their actions besides: much less that they, whose professed loyalty and allegiance led them to direct arms against the king’s person, and thought him nothing violated by the sword of hostility drawn by them against him, should now in earnest think him violated by the unsparing sword of justice, which undoubtedly so much the less in vain she bears among men, by how much greater and in highest place the offender. Else justice, whether moral or political, were not justice, but a false counterfeit of that impartial and godlike virtue. The only grief is, that the head was not strook off to the best advantage and commodity of them that held it by the hair:* an ingrateful and perverse generation, who having first cried to God to be delivered from their king, now murmur against God that heard their prayers, and cry as loud for their king against those that delivered them. But as to the author of these soliloquies, whether it were undoubtedly the late king, as is vulgarly believed, or any secret coadjutor, and some stick not to name him; it can add nothing, nor shall take from the weight, if any be, of reason which he brings. But allegations, not reasons, are the main contents of this book, and need no more than other contrary allegations to lay the question before all men in an even balance; though it were supposed, that the testimony of one man, in his own cause affirming, could be of any moment to bring in doubt the authority of a parliament denying. But if these his fair-spoken words shall be here fairly confronted and laid parallel to his own far differing deeds, manifest and visible to the whole nation, then surely we may look on them who, notwithstanding, shall persist to give to bare words more credit than to open deeds, as men whose judgment was not rationally evinced and persuaded, but fatally stupefied and bewitched into such a blind and obstinate belief: for whose cure it may be doubted, not whether any charm, though never so wisely murmured, but whether any prayer can be available. This however would be remembered and well noted, that while the king, instead of that repentance which was in reason and in conscience to be expected from him, without which we could not lawfully readmit him, persists here to maintain and justify the most apparent of his evil doings, and washes over with a court-fucus the worst and foulest of his actions, disables and uncreates the parliament itself, with all our laws and native liberties that ask not his leave, dishonours and attaints all protestant churches not prelatical, and what they piously reformed, with the slander of rebellion, sacrilege, and hypocrisy; they, who seemed of late to stand up hottest for the covenant, can now sit mute and much pleased to hear all these opprobrious things uttered against their faith, their freedom, and themselves in their own doings made traitors to boot: the divines, also, their wizards, can be so brazen as to cry Hosanna to this his book, which cries louder against them for no disciples of Christ, but of Iscariot; and to seem now convinced with these withered arguments and reasons here, the same which in some other writings of that party, and in his own former declarations and expresses, they have so often heretofore endeavoured to confute and to explode; none appearing all this while to vindicate church or state from these calumnies and reproaches but a small handful of men, whom they Edition: current; Page: [446] defame and spit at with all the odious names of schism and sectarism. I never knew that time in England, when men of truest religion were not counted sectaries: but wisdom now, valour, justice, constancy, prudence united and embodied to defend religion and our liberties, both by word and deed, against tyranny, is counted schism and faction. Thus in a graceless age things of highest praise and imitation under a right name, to make them infamous and hateful to the people, are miscalled. Certainly, if ignorance and perverseness will needs be national and universal, then they who adhere to wisdom and to truth, are not therefore to be blamed, for being so few as to seem a sect or faction. But in my opinion it goes not ill with that people where these virtues grow so numerous and well joined together, as to resist and make head against the rage and torrent of that boisterous folly and superstition, that possesses and hurries on the vulgar sort. This therefore we may conclude to be a high honour done us from God, and a special mark of his favour, whom he hath selected as the sole remainder, after all these changes and commotions, to stand upright and stedfast in his cause; dignified with the defence of truth and public liberty; while others, who aspired to be the top of zealots, and had almost brought religion to a kind of trading monopoly, have not only by their late silence and neutrality belied their profession, but foundered themselves and their consciences, to comply with enemies in that wicked cause and interest, which they have too often cursed in others, to prosper now in the same themselves.
I.: Upon the king’s calling this last parliament.
That which the king lays down here as his first foundation, and as it were the head stone of his whole structure, that “he called this last parliament, not more by others’ advice, and the necessity of his affairs, than by his own choice and inclination;” is to all knowing men so apparently not true, that a more unlucky and inauspicious sentence, and more betokening the downfall of his whole fabric, hardly could have come into his mind. For who knows not, that the inclination of a prince is best known either by those next about him, and most in favour with him, or by the current of his own actions? Those nearest to this king, and most his favourites, were courtiers and prelates; men whose chief study was to find out which way the king inclined, and to imitate him exactly: how these men stood affected to parliaments cannot be forgotten. No man but may remember, it was their continual exercise to dispute and preach against them; and in their common discourse nothing was more frequent, than that “they hoped the king should now have no need of parliaments any more.” And this was but the copy, which his parasites had industriously taken from his own words and actions, who never called a parliament but to supply his necessities; and having supplied those, as suddenly and ignominiously dissolved it, without redressing any one grievance of the people: sometimes choosing rather to miss of his subsidies, or to raise them by illegal courses, than that the people should not still miss of their hopes to be relieved by parliaments.
The first he broke off at his coming to the crown, for no other cause than to protect the duke of Buckingham against them who had accused him, besides other heinous crimes, of no less than poisoning the deceased king his father; concerning which matter the declaration of “No more Addresses” Edition: current; Page: [447] hath sufficiently informed us. And still the latter breaking was with more affront and indignity put upon the house and her worthiest members, than the former. Insomuch that in the fifth year of his reign, in a proclamation he seems offended at the very rumour of a parliament divulged among the people; as if he had taken it for a kind of slander, that men should think him that way exorable, much less inclined: and forbids it as a presumption to prescribe him any time for parliaments; that is to say, either by persuasion or petition, or so much as the reporting of such a rumour: for other manner of prescribing was at that time not suspected. By which fierce edict, the people, forbidden to complain, as well as forced to suffer, began from thenceforth to despair of parliaments. Whereupon such illegal actions, and especially to get vast sums of money, were put in practice by the king and his new officers, as monopolies, compulsive knighthoods, coat, conduct, and ship-money, the seizing not of one Naboth’s vineyard, but of whole inheritances, under the pretence of forest or crown-lands; corruption and bribery compounded for, with impunities granted for the future, as gave evident proof, that the king never meant, nor could it stand with the reason of his affairs, ever to recall parliaments: having brought by these irregular courses the people’s interest and his own to so direct an opposition, that he might foresee plainly, if nothing but a parliament could save the people, it must necessarily be his undoing.
Till eight or nine years after, proceeding with a high hand in these enormities, and having the second time levied an injurious war against his native country Scotland; and finding all those other shifts of raising money, which bore out his first expedition, now to fail him, not “of his own choice and inclination,” as any child may see, but urged by strong necessities, and the very pangs of state, which his own violent proceedings had brought him to, he calls a parliament; first in Ireland, which only was to give him four subsidies and so to expire; then in England, where his first demand was but twelve subsidies to maintain a Scots war, condemned and abominated by the whole kingdom: promising their grievances should be considered afterwards. Which when the parliament, who judged that war itself one of their main grievances, made no haste to grant, not enduring the delay of his impatient will, or else fearing the conditions of their grant, he breaks off the whole session, and dismisses them and their grievances with scorn and frustration.
Much less therefore did he call this last parliament by his own choice and inclination; but having first tried in vain all undue ways to procure money, his army of their own accord being beaten in the north, the lords petitioning, and the general voice of the people almost hissing him and his ill acted regality off the stage, compelled at length both by his wants and by his fears, upon mere extremity he summoned this last parliament. And how is it possible, that he should willingly incline to parliaments, who never was perceived to call them but for the greedy hope of a whole national bribe, his subsidies; and never loved, never fulfilled, never promoted the true end of parliaments, the redress of grievances; but still put them off, and prolonged them, whether gratified or not gratified; and was indeed the author of all those grievances? To say, therefore, that he called this parliament of his own choice and inclination, argues how little truth we can expect from the sequel of this book, which ventures in the very first period to affront more than one nation with an untruth so remarkable; and presumes a more implicit faith in the people of England, than the pope ever commanded from the Romish laity; or else a natural sottishness fit to be abused and ridden; while in the judgment of wise men, by laying the foundation Edition: current; Page: [448] of his defence on the avouchment of that which is so manifestly untrue, he hath given a worse soil to his own cause, than when his whole forces were at any time overthrown. They therefore, who think such great service done to the king’s affairs in publishing this book, will find themselves in the end mistaken; if sense and right mind, or but any mediocrity of knowledge and remembrance, hath not quite forsaken men.
But to prove his inclination to parliaments, he affirms here, “to have always thought the right way of them most safe for his crown, and best pleasing to his people.” What he thought, we know not, but that he ever took the contrary way, we saw; and from his own actions we felt long ago what he thought of parliaments or of pleasing his people: a surer evidence than what we hear now too late in words.
He alleges, that “the cause of forbearing to convene parliaments was the sparks, which some men’s distempers there studied to kindle.” They were indeed not tempered to his temper; for it neither was the law, nor the rule, by which all other tempers were to be tried; but they were esteemed and chosen for the fittest men, in their several counties, to allay and quench those distempers, which his own inordinate doings had inflamed. And if that were his refusing to convene, till those men had been qualified to his temper, that is to say, his will, we may easily conjecture what hope there was of parliaments, had not fear and his insatiate poverty, in the midst of his excessive wealth, constrained him.
“He hoped by his freedom and their moderation to prevent misunderstandings.” And wherefore not by their freedom and his moderation? But freedom he thought too high a word for them, and moderation too mean a word for himself: this was not the way to prevent misunderstandings. He still “feared passion and prejudice in other men;” not in himself: “and doubted not by the weight of his” own “reason, to counterpoise any faction;” it being so easy for him, and so frequent, to call his obstinacy reason, and other men’s reason faction. We in the mean while must believe that wisdom and all reason came to him by title with his crown; passion, prejudice, and faction came to others by being subjects.
“He was sorry to hear, with what popular heat elections were carried in many places.” Sorry rather, that court-letters and intimations prevailed no more, to divert or to deter the people from their free election of those men, whom they thought best affected to religion and their country’s liberty, both at that time in danger to be lost. And such men they were, as by the kingdom were sent to advise him, not sent to be cavilled at, because elected, or to be entertained by him with an undervalue and misprision of their temper, judgment, or affection. In vain was a parliament thought fittest by the known laws of our nation, to advise and regulate unruly kings, if they, instead of hearkening to advice, should be permitted to turn it off, and refuse it by vilifying and traducing their advisers, or by accusing of a popular heat those that lawfully elected them.
“His own and his children’s interest obliged him to seek, and to preserve the love and welfare of his subjects.” Who doubts it? But the same interest, common to all kings, was never yet available to make them all seek that, which was indeed best for themselves and their posterity. All men by their own and their children’s interest are obliged to honesty and justice: but how little that consideration works in private men, how much less in kings, their deeds declare best.
“He intended to oblige both friends and enemies, and to exceed their desires, did they but pretend to any modest and sober sense;” mistaking the whole business of a parliament; which met not to receive from him obligations, Edition: current; Page: [449] but justice; nor he to expect from them their modesty, but their grave advice, uttered with freedom in the public cause. His talk of modesty in their desires of the common welfare argues him not much to have understood what he had to grant, who misconceived so much the nature of what they had to desire. And for “sober sense,” the expression was too mean, and recoils with as much dishonour upon himself, to be a king where sober sense could possibly be so wanting in a parliament.
“The odium and offences, which some men’s rigour, or remissness in church and state, had contracted upon his government, he resolved to have expiated with better laws and regulations.” And yet the worst of misdemeanors committed by the worst of all his favourites in the height of their dominion, whether acts of rigour or remissness, he hath from time to time continued, owned, and taken upon himself by public declarations, as often as the clergy, or any other of his instruments, felt themselves overburdened with the people’s hatred. And who knows not the superstitious rigour of his Sunday’s chapel, and the licentious remissness of his Sunday’s theatre; accompanied with that reverend statute for Dominical jigs and maypoles, published in his own name, and derived from the example of his father James? Which testifies all that rigour in superstition, all that remissness in religion, to have issued out originally from his own house, and from his own authority. Much rather then may those general miscarriages in state, his proper sphere, be imputed to no other person chiefly than to himself. And which of all those oppressive acts or impositions did he ever disclaim or disavow, till the fatal awe of this parliament hung ominously over him? Yet here he smoothly seeks to wipe off all the envy of his evil government upon his substitutes and under-officers; and promises, though much too late, what wonders he purposed to have done in the reforming of religion: a work wherein all his undertakings heretofore declared him to have had little or no judgment: neither could his breeding, or his course of life, acquaint him with a thing so spiritual. Which may well assure us what kind of reformation we could expect from him; either some politic form of an imposed religion, or else perpetual vexation and persecution to all those that complied not with such a form. The like amendment he promises in state; not a step further “than his reason and conscience told him was fit to be desired;” wishing “he had kept within those bounds, and not suffered his own judgment to have been overborne in some things,” of which things one was the earl of Strafford’s execution. And what signifies all this, but that still his resolution was the same, to set up an arbitrary government of his own, and that all Britain was to be tied and chained to the conscience, judgment, and reason of one man; as if those gifts had been only his peculiar and prerogative, entailed upon him with his fortune to be a king? Whenas doubtless no man so obstinate, or so much a tyrant, but professes to be guided by that which he calls his reason and his judgment, though never so corrupted; and pretends also his conscience. In the mean while, for any parliament or the whole nation to have either reason, judgment, or conscience, by this rule was altogether in vain, if it thwarted the king’s will; which was easy for him to call by any other plausible name. He himself hath many times acknowledged, to have no right over us but by law; and by the same law to govern us: but law in a free nation hath been ever public reason, the enacted reason of a parliament; which he denying to enact, denies to govern us by that which ought to be our law; interposing his own private reason, which to us is no law. And thus we find these fair and specious promises, made upon the experience of many hard sufferings, and his most mortified retirements, being thoroughly sifted to Edition: current; Page: [450] contain nothing in them much different from his former practices, so cross, and so reverse to all his parliaments, and both the nations of this island. What fruits they could in likelihood have produced in his restorement, is obvious to any prudent foresight.
And this is the substance or his first section, till we come to the devout of it, modelled into the form of a private psalter. Which they who so much admire, either for the matter of the manner, may as well admire the archbishop’s late breviary, and many other as good manuals and handmaids of Devotion, the lip-work of every prelatical liturgist, clapped together and quilted out of Scripture phrase, with as much ease, and as little need of Christian diligence or judgment, as belongs to the compiling of any ordinary and saleable piece of English divinity, that the shops value. But he who from such a kind of psalmistry, or any other verbal devotion, without the pledge and earnest of suitable deeds, can be persuaded of a zeal and true righteousness in the person, hath much yet to learn; and knows not that the deepest policy of a tyrant hath been ever to counterfeit religious. And Aristole in his Politics hath mentioned that special craft among twelve other tyrannical sophisms. Neither want we examples: Andronicus Commenus the Byzantine emperor, though a most cruel tyrant, is reported by Nicetas, to have been a constant reader of Saint Paul’s epistles; and by continual study had so incorporated the phrase and style of that transcendant apostle into all his familiar letters, that the imitation seemed to vie with the original. Yet this availed not to deceive the people of that empire, who, notwithstanding his saint’s vizard, tore him to pieces for his tyranny. From stories of this nature both ancient and modern which abound, the poets also, and some English, have been in this point so mindful of decorum, as to put never more pious words in the mouth of any person, than of a tyrant. I shall not instance an abstruse author, wherein the king might be less conversant, but one whom we well know was the closet companion of these his solitudes, William Shakespeare; who introduces the person of Richard the third, speaking in as high a strain of piety and mortification as is uttered in any passage of this book, and sometimes to the same sense and purpose with some words in this place; “I intended,” saith he, “not only to oblige my friends but my enemies.” The like saith Richard, Act II. Scene 1.
- “I do not know that Englishman alive,
- With whom my soul is any jot at odds,
- More than the infant that is born to night;
- I thank my God for my humility.”
Other stuff of this sort may be read throughout the whole tragedy, where in the poet used not much license in departing from the truth of history which delivers him a deep dissembler, not of his affections only, but of religion.
In praying therefore, and in the outward work of devotion, this king we see hath not at all exceeded the worst of kings before him. But herein the worst of kings, professing Christianism, have by far exceeded him. They, for aught we know, have still prayed their own, or at least borrowed from fit authors. But this king, not content with that which, although in a thing holy, is no holy theft, to attribute to his own making other men’s whole prayers, hath as it were unhallowed and unchristened the very duty of prayer itself, by borrowing to a Christian use prayers offered to a heathen god. Who would have imagined so little fear in him of the true all-seeing Deity, so little reverence of the Holy Ghost, whose office is to dictate and present our Christian prayers, so little care of truth in his last words, or honour to himself, or to his friends, or sense of his afflictions, or of that sad Edition: current; Page: [451] hour which was upon him, as immediately before his death to pop into the hand of that great bishop who attended him, for a special relic of his saintly exercises, a prayer stolen word for word from the mouth of a heathen woman* praying to a heathen god; and that in no serious book, but the vain amatorious poem of Sir Philip Sidney’s Arcadia; a book in that kind full of worth and wit, but among religious thoughts and duties not worthy to be named; nor to be read at any time without good caution, much less in time of trouble and affliction to be a Christian’s prayer-book? They who are yet incredulous of what I tell them for a truth, that this philippic prayer is no part of the king’s goods, may satisfy their own eyes at leisure, in the 3d book of Sir Philip’s Arcadia, p. 248, comparing Pamela’s prayer with the first prayer of his majesty, delivered to Dr. Juxton immediately before his death, and entitled a Prayer in time of Captivity, printed in all the best editions of his book. And since there be a crew of lurking railers, who in their libels, and their fits of railing up and down, as I hear from others, take it so currishly, that I should dare to tell abroad the secrets of their Ægyptian Apis; to gratify their gall in some measure yet more, which to them will be a kind of alms, (for it is the weekly vomit of their gall which to most of them is the sole means of their feeding,) that they may not starve for me, I shall gorge them once more with this digression somewhat larger than before: nothing troubled or offended at the working upward of their salevenom thereupon, though it happen to asperse me; being, it seems, their best livelihood, and the only use or good digestion that their sick and perishing minds can make of truth charitably told them. However, to the benefit of others much more worth the gaining, I shall proceed in my assertion; that if only but to taste wittingly of meat or drink offered to an idol, be in the doctrine of St. Paul judged a pollution much more must be his sin, who takes a prayer so dedicated into his mouth, and offers it to God. Yet hardly it can be thought upon (though how sad a thing!) without some kind of laughter at the manner and solemn transaction of so gross a cozenage, that he, who had trampled over us so stately and so tragically, should leave the world at last so ridiculously in his exit, as to bequeath among his deifying friends that stood about him such a precious piece of mockery to be published by them, as must needs cover both his and their heads with shame, if they have any left. Certainly they that will may now see at length how much they were deceived in him, and were ever like to be hereafter, who cared not, so near the minute of his death, to deceive his best and dearest friends with the trumpery of such a prayer, not more secretly than shamefully purloined; yet given them as the royal issue of his own proper zeal. And sure it was the hand of God to let them fall, and be taken in such a foolish trap, as hath exposed them to all derision; if for nothing else, to throw contempt and disgrace in the sight of all men, upon this his idolized book, and the whole rosary of his prayers; thereby testifying how little he excepted them from those, who thought no better of the living God than of a buzzard idol, fit to be so served and worshiped in reversion, with the polluted arts and refuse of Arcadias and romances, without being able to discern the affront rather than the worship of such an ethnic prayer. But leaving what might justly be offensive to God, it was a trespass also more than usual against human right, which commands, that every author should have the property of his own work reserved to him after death, as well as living. Many princes have been rigorous in laying taxes on their subjects by the head, but of any king heretofore that made a levy upon their wit, and Edition: current; Page: [452] seized it as his own legitimate, I have not whom beside to instance. True it is, I looked rather to have found him gleaning out of books written purposely to help devotion. And if in likelihood he have borrowed much more out of prayerbooks than out of pastorals, then are these painted feathers, that set him off so gay among the people, to be thought few or none of them his own. But it from his divines he have borrowed nothing, nothing out of all the magazine, and the rheum of their mellifluous prayers and meditations let them who now mourn for him as for Tamuz, them who howl in their pulpits, and by their howling declare themselves right wolves, remember and consider in the midst of their hideous faces, when they do only not cut their flesh from him like those rueful priests whom Elijah mocked; that he who was once their Ahab, now their Josiah, though feigning outwardly to reverence churchmen, yet here hath so extremely set at naught both them and their praying faculty, that being at a loss himself what to pray in captivity, he consulted neither with the liturgy, nor with the directory, but neglecting the huge fardel of all their honeycomb devotions, went directly where he doubted not to find better praying to his mind with Pamela, in the Countess’s Arcadia. What greater argument of disgrace and ignominy could have been thrown with cunning upon the whole clergy, than that the king, among all his priestery, and all those numberless volumes of their theological distillations not meeting with one man or book of that coat that could befriend him with a prayer in captivity, was forced to rob Sir Philip and his captive shepherdess of their heathen orisons to supply in any fashion his miserable indigence, not of bread, but of a single prayer to God? I say therefore not of bread, for that want may befall a good man and yet not make him totally miserable: but he who wants a prayer to beseech God in his necessity, it is inexpressible how poor he is; far poorer within himself than all his enemies can make him. And the unfitness, the indecency of that pitiful supply which he sought, expresses yet further the deepness of his poverty.
Thus much be said in general to his prayers, and in special to that Arcadian prayer used in his captivity; enough to undeceive us what esteem we are to set upon the rest.
For he certainly, whose mind could serve him to seek a Christian prayer out of a pagan legend, and assume it for his own, might gather up the rest God knows from whence; one perhaps out of the French Astræa, another out of the Spanish Diana; Amadis and Palmerin could hardly scape him. Such a person we may be sure had it not in him to make a prayer of his own, or at least would excuse himself the pains and cost of his invention so long as such sweet rhapsodies of heathenism and knight-errantry could yield him prayers. How dishonourable then, and how unworthy of a Christian king, were these ignoble shifts to seem holy, and to get a saintship among the ignorant and wretched people; to draw them by this deception, worse than all his former injuries, to go a whoring after him? And how unhappy, how forsook of grace, and unbeloved of God that people, who resolve to know no more of piety or of goodness, than to account him their chief saint and martyr, whose bankrupt devotion came not honestly by his very prayers; but having sharked them from the mouth of a heathen worshipper, (detestable to teach him prayers!) sold them to those that stood and honoured him next to the Messiah, as his own heavenly compositions in adversity, for hopes no less vain and presumptuous (and death at that time so imminent upon him) than by these goodly relics to be held a saint and martyr in opinion with the cheated people!
And thus far in the whole chapter we have seen and considered, and it Edition: current; Page: [453] not but be clear to all men, how, and for what ends, what concernments and necessities, the late king was no way induced, but every way constrained, to call this last parliament; yet here in his first prayer he trembles not to avouch as in the ears of God, “That he did it with an upright intention to his glory, and his people’s good:” of which dreadful attestation, how sincerely meant, God, to whom it was avowed, can only judge, and he hath judged already, and hath written his impartial sentence in characters legible to all Christendom; and besides hath taught us, that there be some, whom he hath given over to delusion, whose very mind and conscience is defiled; of whom St. Paul to Titus makes mention.
II.: Upon The Earl of Strafford’s Death.
This next chapter is a penitent confession of the king, and the strangest, if it be well weighed, that ever was auricular. For he repents here of giving his consent, though most unwillingly, to the most seasonable and solemn piece of justice, that had been done of many years in the land: but his sole conscience thought the contrary. And thus was the welfare, the safety, and within a little the unanimous demand of three populous nations, to have attended still on the singularity of one man’s opinionated conscience; if men had always been so to tame and spiritless, and had not unexpectedly found the grace to understand, that, if his conscience were so narrow and peculiar to itself, it was not fit his authority should be so ample and universal over others: for certainly a private conscience sorts not with a public calling, but declares that person rather meant by nature for a private fortune.
And this also we may take for truth, that he, whose conscience thinks it sin to put to death a capital offender, will as oft think it meritorious to kill a righteous person. But let us hear what the sin was, that lay so sore upon him, and, as one of his prayers given to Dr. Juxton testifies, to the very day of his death; it was his signing the bill of Strafford’s execution; a man whom all men looked upon as one of the boldest and most impetuous instruments that the king had, to advance any violent or illegal design. He had ruled Ireland, and some parts of England, in an arbitrary manner; had endeavoured to subvert fundamental laws, to subvert parliaments, and to incense the king against them; he had also endeavoured to make hostility between England and Scotland; he had counselled the king, to call over that Irish army of papists, which he had cunningly raised, to reduce England, as appeared by good testimony then present at the consultation: for which, and many other crimes alleged and proved against him in twenty-eight articles, he was condemned of high treason by the parliament. The commons by far the greater number cast him: the lords, after they had been satisfied in a full discourse by the king’s solicitor, and the opinions of many judges delivered in their house, agreed likewise to the sentence of treason. The people universally cried out for justice. None were his friends but courtiers and clergymen, the worst at that time, and most corrupted sort of men; and court ladies, not the best of women; who, when they grow to that insolence as to appear active in state-affairs, are the certain sign of a dissolute, degenerate, and pusillanimous commonwealth. Last of all the king, or rather first, for these were but his apes, was not satisfied in conscience to condemn him of high treason; and declared to both houses, “that no fears or respects whatsoever should make him alter Edition: current; Page: [454] that resolution founded upon his conscience:” either then his resolution was indeed not founded upon his conscience, or his conscience received better information, or else both his conscience and this his strong resolution strook sail, notwithstanding these glorious words, to his stronger fear; for within a few days after, when the judges at a privy council and four of his elected bishops had picked the thorn out of his conscience, he was at length persuaded to sign the bill for Strafford’s execution. And yet perhaps, that it wrung his conscience to condemn the earl of high treason is not unlikely; not because he thought him guiltless of highest treason, had half those crimes been committed against his own private interest or person, as appeared plainly by his charge against the six members; but because he knew himself a principal in what the earl was but his accessory, and thought nothing treason against the commonwealth, but against himself only.
Had he really scrupled to sentence that for treason, which he thought not treasonable, why did he seem resolved by the judges and the bishops? and if by them resolved, how comes the scruple here again? It was not then, as he now pretends, “the importunities of some, and the fear of many,” which made him sign, but the satisfaction given him by those judges and ghostly fathers of his own choosing. Which of him shall we believe? for he seems not one, but double; either here we must not believe him professing that his satisfaction was but seemingly received and out of fear, or else we may as well believe that the scruple was no real scruple, as we can believe him here against himself before, that the satisfaction then received was no real satisfaction. Of such a variable and fleeting conscience what hold can be taken? But that indeed it was a facile conscience, and could dissemble satisfaction when it pleased, his own ensuing actions declared; being soon after found to have the chief hand in a most detested conspiracy against the parliament and kingdom, as by letters and examinations of Percy, Goring, and other conspirators came to light; that his intention was to rescue the earl of Strafford, by seizing on the Tower of London; to bring up the English army out of the North, joined with eight thousand Irish papists raised by Strafford, and a French army to be landed at Portsmouth, against the parliament and their friends. For which purpose the king, though requested by both houses to disband those Irish papists, refused to do it, and kept them still in arms to his own purposes. No marvel then, if, being as deeply criminous as the earl himself, it stung his conscience to adjudge to death those misdeeds, whereof himself had been the chief author: no marvel though instead of blaming and detesting his ambition, his evil counsel, his violence, and oppression of the people, he fall to praise his great abilities; and with scholastic flourishes beneath the decency of a king, compares him to the sun, which in all figurative use and significance bears allusion to a king, not to a subject: no marvel though he knit contradictions as close as words can lie together, “not approving in his judgment,” and yet approving in his subsequent reason all that Strafford did, as “driven by the necessity of times, and the temper of that people;” for this excuses all his misdemeanors. Lastly, no marvel that he goes on building many fair and pious conclusions upon false and wicked premises, which deceive the common reader, not well discerning the antipathy of such connexions: but this is the marvel, and may be the astonishment, of all that have a conscience, how he durst in the sight of God (and with the same words of contrition wherewith David repents the murdering of Uriah) repent his lawful compliance to that just act of not saving him, whom he ought to have delivered up to speedy Edition: current; Page: [455] punishment; though himself the guiltier of the two. If the deed were so sinful, to have put to death so great a malefactor, it would have taken much doubtless from the heaviness of his sin, to have told God in his confession, how he laboured, what dark plots he had contrived, into what a league entered, and with what conspirators, against his parliament and kingdoms, to have rescued from the claim of justice so notable and so dear an instrument of tyranny; which would have been a story, no doubt, as pleasing in the ears of Heaven, as all these equivocal repentances. For it was fear, and nothing else, which made him feign before both the scruple and the satisfaction of his conscience, that is to say, of his mind: his first fear pretended conscience, that he might be borne with to refuse signing; his latter fear, being more urgent, made him find a conscience both to sign, and to be satisfied. As for repentance, it came not on him till a long time after; when he saw “he could have suffered nothing more, though he had denied that bill.” For how could he understandingly repent of letting that be treason which the parliament and whole nation so judged? This was that which repented him, to have given up to just punishment so stout a champion of his designs, who might have been so useful to him in his following civil broils. It was a worldly repentance, not a conscientious; or else it was a strange tyranny, which his conscience had got over him, to vex him like an evil spirit for doing one act of justice, and by that means to “fortify his resolution” from ever doing so any more. That mind must needs be irrecoverably depraved, which, either by chance or importunity, tasting but once of one just deed, spatters at it, and abhors the relish ever after. To the scribes and Pharisees woe was denounced by our Saviour, for straining at a gnat and swallowing a camel, though a gnat were to be strained at: but to a conscience with whom one good deed is so hard to pass down as to endanger almost a choking, and bad deeds without number, though as big and bulky as the ruin of three kingdoms, go down currently without straining, certainly a far greater woe appertains. If his conscience were come to that unnatural dyscrasy, as to digest poison and to keck at wholesome food, it was not for the parliament, or any of his kingdoms, to feed with him any longer. Which to conceal he would persuade us, that the parliament also in their conscience escaped not “some touches of remorse” for putting Strafford to death, in forbidding it by an after-act to be a precedent for the future. But, in a fairer construction, that act implied rather a desire in them to pacify the king’s mind, whom they perceived by this means quite alienated: in the mean while not imagining that this after-act should be retorted on them to tie up justice for the time to come upon like occasion, whether this were made a precedent or not, no more than the want of such a precedent, if it had been wanting, had been available to hinder this.
But how likely is it, that this after-act argued in the parliament their least repenting for the death of Strafford, when it argued so little in the king himself: who, notwithstanding this after-act, which had his own hand and concurrence, if not his own instigation, within the same year accused of high treason no less than six members at once for the same pretended crimes, which his conscience would not yield to think treasonable in the earl: so that this his subtle argument to fasten a repenting, and by that means a guiltiness of Strafford’s death upon the parliament, concludes upon his own head; and shows us plainly, that either nothing in his judgment was treason against the commonwealth, but only against the king’s person; (a tyrannical principle!) or that his conscience was a perverse and prevaricating conscience, to scruple that the commonwealth should Edition: current; Page: [456] punish for treasonous in one eminent offender that which he himself sought so vehemently to have punished in six guiltless persons. If this were “that touch of conscience, which he bore with greater regret” than for any sin committed in his life, whether it were that proditory aid sent to Rochel and religion abroad, or that prodigality of shedding blood at home, to a million of his subjects’ lives not valued in comparison to one Strafford; we may consider yet at last, what true sense and feeling could be in that conscience, and what fitness to be the master conscience of three kingdoms.
But the reason why he labours, that we should take notice of so much “tenderness and regret in his soul for having any hand in Strafford’s death,” is worth the marking ere we conclude: “he hoped it would be some evidence before God and man to all posterity, that he was far from bearing that vast load and guilt of blood” laid upon him by others: which hath the likeness of a subtle dissimulation; bewailing the blood of one man, his commodious instrument, put to death most justly, though by him unwillingly, that we might think him too tender to shed willingly the blood of those thousands whom he counted rebels. And thus by dipping voluntarily his finger’s end, yet with show of great remorse, in the blood of Strafford, whereof all men clear him, he thinks to scape that sea of innocent blood, wherein his own guilt inevitably hath plunged him all over. And we may well perceive to what easy satisfactions and purgations he had inured his secret conscience, who thought by such weak policies and ostentations as these to gain belief and absolutions from understanding men.
III.: Upon his going to the House of Commons.
Concerning his unexcusable and hostile march from the court to the house of commons, there needs not much be said; for he confesses it to be an act, which most men, whom he calls “his enemies,” cried shame upon, “indifferent men grew jealous of and fearful, and many of his friends resented, as a motion arising rather from passion than reason:” he himself, in one of his answers to both houses, made profession to be convinced, that it was a plain breach of their privilege; yet here, like a rotten building newly trimmed over, he represents it speciously and fraudulently, to impose upon the simple reader; and seeks by smooth and supple words not here only, but through his whole book, to make some beneficial use or other even of his worst miscarriages.
“These men,” saith he, meaning his friends, “knew not the just motives and pregnant grounds with which I thought myself furnished;” to wit, against the five members, whom he came to drag out of the house. His best friends indeed knew not, nor could ever know, his motives to such a riotous act; and had he himself known any just grounds, he was not ignorant how much it might have tended to his justifying, had he named them in this place, and not concealed them. But suppose them real, suppose them known, what was this to that violation and dishonour put upon the whole house, whose very door forcibly kept open, and all the passages near it, he beset with swords and pistols cocked and menaced in the hands of about three hundred swaggerers and ruffians, who but expected, nay audibly called for, the word of onset to begin a slaughter?
“He had discovered, as he thought, unlawful correspondences, which they had used, and engagements to embroil his kingdoms;” and remembers Edition: current; Page: [457] not his own unlawful correspondences and conspiracies with the Irish army of papists, with the French to land at Portsmouth, and his tampering both with the English and Scots army to come up against the parliament: the least of which attempts, by whomsoever, was no less than manifest treason against the commonwealth.
If to demand justice on the five members were his plea, for that which they with more reason might have demanded justice upon him, (I use his own argument,) there needed not so rough assistance. If he had “resolved to bear that repulse with patience,” which his queen by her words to him at his return little thought he would have done, wherefore did he provide against it with such an armed and unusual force? but his heart served him not to undergo the hazard that such a desperate scuffle would have brought him to. But wherefore did he go at all, it behoving him to know there were two statutes, that declared he ought first to have acquainted the parliament, who were the accusers, which he refused to do, though still professing to govern by law, and still justifying his attempts against law? And when he saw it was not permitted him to attaint them but by a fair trial, as was offered him from time to time, for want of just matter which yet never came to light, he let the business fall of his own accord; and all those pregnancies and just motives came to just nothing.
“He had no temptation of displeasure or revenge against those men:” none but what he thirsted to execute upon them, for the constant opposition which they made against his tyrannous proceedings, and the love and reputation which they therefore had among the people; but most immediately, for that they were supposed the chief, by whose activity those twelve protesting bishops were but a week before committed to the Tower.
“He missed but little to have produced writings under some men’s own hands.” But yet he missed, though their chambers, trunks, and studies were sealed up and searched; yet not found guilty. “Providence would not have it so.” Good Providence! that curbs the raging of proud monarchs, as well as of mad multitudes. “Yet he wanted not such probabilities” (for his pregnant is come now to probable) “as were sufficient to raise jealousies in any king’s heart;” and thus his pregnant motives are at last proved nothing but a tympany, or a Queen Mary’s cushion; for in any king’s heart, as kings go now, what shadowy conceit or groundless toy will not create a jealousy?
“That he had designed to insult the house of commons,” taking God to witness, he utterly denies; yet in his answer to the city, maintains that “any course of violence had been very justifiable.” And we may then guess how far it was from his design: however, it discovered in him an excessive eagerness to be avenged on them that crossed him; and that to have his will, he stood not to do things never so much below him. What a becoming sight it was, to see the king of England one while in the house of commons, and by-and-by in the Guildhall among the liveries and manufacturers, prosecuting so greedily the track of five or six fled subjects; himself not the solicitor only, but the pursuivant and the apparitor of his own partial cause! And although in his answers to the parliament, he hath confessed, first, that his manner of prosecution was illegal, next “that as he once conceived he had ground enough to accuse them, so at length that he found as good cause to desert any prosecution of them;” yet here he seems to reverse all, and against promise takes up his old deserted accusation, that he might have something to excuse himself, instead of giving due reparation, which he always refused to give them whom he had so dishonoured.
“That I went,” saith he of his going to his house of commons, “attended Edition: current; Page: [458] with some gentlemen;” gentlemen indeed! the ragged infantry of stews and brothels; the spawn and shipwreck of taverns and dicing-houses: and then he pleads, “it was no unwonted thing for the majesty and safety of a king to be so attended, especially in discontented times.” An illustrious majesty no doubt, so attended! a becoming safety for the king of England, placed in the fidelity of such guards and champions! happy times, when braves and hacksters, the only contented members of his government, were thought the fittest and the faithfullest to defend his person against the discontents of a parliament and all good men! Were those the chosen ones to “preserve reverence to him,” while he entered “unassured,” and full of suspicions, into his great and faithful counsel? Let God then and the world judge, whether the cause were not in his own guilty and unwarrantable doings: the house of commons, upon several examinations of this business, declared it sufficiently proved, that the coming of those soldiers, papists, and others, with the king, was to take away some of their members, and in case of opposition or denial, to have fallen upon the house in a hostile manner. This the king here denies; adding a fearful imprecation against his own life, “if he purposed any violence or oppression against the innocent, then,” saith he, “let the enemy prosecute my soul, and tread my life to the ground, and lay my honour in the dust.” What need then more disputing? He appealed to God’s tribunal, and behold! God hath judged and done to him in the sight of all men according to the verdict of his own mouth: to be a warning to all kings hereafter how they use presumptuously the words and protestations of David, without the spirit and conscience of David. And the king’s admirers may here see their madness, to mistake this book for a monument of his worth and wisdom, whenas indeed it is his doomsday-book; not like that of William the Norman his predecessor, but the record and memorial of his condemnation; and discovers whatever hath befallen him, to have been hastened on from divine justice by the rash and inconsiderate appeal of his own lips. But what evasions, what pretences, though never so unjust and empty, will he refuse in matters more unknown, and more involved in the mists and intricacies of state, who, rather than not justify himself in a thing so generally odious, can flatter his integrity with such frivolous excuses against the manifest dissent of all men, whether enemies, neuters, or friends? But God and his judgments have not been mocked; and good men may well perceive what a distance there was ever like to be between him and his parliament, and perhaps between him and all amendment, who for one good deed, though but consented to, asks God forgiveness; and from his worst deeds done, takes occasion to insist upon his righteousness!
IV.: Upon the Insolency of the tumults.
We have here, I must confess, a neat and well-couched invective against tumults, expressing a true fear of them in the author; but yet so handsomely composed, and withal so feelingly, that, to make a royal comparison, I believe Rehoboam the son of Solomon could not have composed it better. Yet Rehoboam had more cause to inveigh against them; for they had stoned his tribute-gatherer, and perhaps had as little spared his own person, had he not with all speed betaken him to his chariot. But this king hath stood the worst of them in his own house without danger, when his coach and Edition: current; Page: [459] horses, in a panic fear, have been to seek: which argues, that the tumults at Whitehall were nothing so dangerous as those at Sechem.
But the matter here considerable, is not whether the king or his household rhetoricians have a pithy declamation against tumults; but first, whether these were tumults or not; next, if they were, whether the king himself did not cause them. Let us examine therefore how things at that time stood. The king, as before hath been proved, having both called this parliament unwillingly, and as unwillingly from time to time condescended to their several acts, carrying on a disjoint and private interest of his own, and not enduring to be so crossed and overswayed, especially in the executing of his chief and boldest instrument, the deputy of Ireland first tempts the English army, with no less reward than the spoil of London, to come up and destroy the parliament. That being discovered by some of the officers, who, though bad enough, yet abhorred so foul a deed; the king, hardened in his purpose, tempts them the second time at Burrowbridge, promises to pawn his jewels for them, and that they should be met and assisted (would they but march on) with a gross body of horse under the earl of Newcastle. He tempts them yet the third time, though after discovery, and his own abjuration to have ever tempted them, as is affirmed in the declaration of “No more Addresses.” Neither this succeeding, he turns him next to the Scotch army, and by his own credential letters given to O Neal and Sir John Henderson, baits his temptation with a richer reward; not only to have the sacking of London, but four northern counties to be made Scottish, with jewels of great value to be given in pawn the while. But neither would the Scots, for any promise of reward, be brought to such an execrable and odious treachery: but with much honesty gave notice of the king’s design both to the parliament and city of London. The parliament moreover had intelligence, and the people could not but discern, that there was a bitter and malignant party grown up now to such a boldness, as to give out insolent and threatening speeches against the parliament itself. Besides this, the rebellion in Ireland was now broke out; and a conspiracy in Scotland had been made, while the king was there, against some chief members of that parliament; great numbers here of unknown and suspicious persons resorted to the city. The king, being returned from Scotland, presently dismisses that guard, which the parliament thought necessary in the midst of so many dangers to have about them, and puts another guard in their place, contrary to the privilege of that high court, and by such a one commanded, as made them no less doubtful of the guard itself. Which they therefore, upon some ill effects thereof first found, discharge; deeming it more safe to sit free, though without guard, in open danger, than enclosed with a suspected safety. The people therefore, lest their worthiest and most faithful patriots, who had exposed themselves for the public, and whom they saw now left naked, should want aid, or be deserted in the midst of these dangers, came in multitudes, though unarmed, to witness their fidelity and readiness in case of any violence offered to the parliament. The king, both envying to see the people’s love thus devolved on another object, and doubting lest it might utterly disable him to do with parliaments as he was wont sent a message into the city forbidding such resorts. The parliament also both by what was discovered to them, and what they saw in a malignant party, (some of which had already drawn blood in a fray or two at the court gate, and even at their own gate in Westminster-hall,) conceiving themselves to be still in danger where they sat, sent a most reasonable and just petition to the king, that a guard might be allowed them out of the city, whereof the king’s own chamberlain the earl of Essex, might have Edition: current; Page: [460] command; it being the right of inferior courts to make choice of their own guard. This the king refused to do, and why he refused the very next day made manifest: for on that day it was that he sallied out from Whitehall, with those trusty myrmidons, to block up or give assault to the house of commons. He had, besides all this, begun to fortify his court, and entertained armed men not a few; who, standing at his palace gate, reviled and with drawn swords wounded many of the people, as they went by unarmed, and in a peaceable manner, whereof some died. The passing by of a multitude, though neither to St. George’s feast, nor to a tilting, certainly of itself was no tumult; the expression of their loyalty and steadfastness to the parliament, whose lives and safeties by more than slight rumours they doubted to be in danger, was no tumult. If it grew to be so, the cause was in the king himself and his injurious retinue, who both by hostile preparations in the court, and by actual assailing of the people, gave them just cause to defend themselves.
Surely those unarmed and petitioning people needed not have been so formidable to any, but to such whose consciences misgave them how ill they had deserved of the people; and first began to injure them, because they justly feared it from them; and then ascribe that to popular tumult, which was occasioned by their own provoking.
And that the king was so emphatical and elaborate on this theme against tumults, and expressed with such a vehemence his hatred of them, will redound less perhaps than he was aware to the commendation of his government. For besides that in good governments they happen seldomest, and rise not without cause, if they prove extreme and pernicious, they were never counted so to monarchy, but to monarchical tyranny; and extremes one with another are at most antipathy. If then the king so extremely stood in fear of tumults, the inference will endanger him to be the other extreme. Thus far the occasion of this discourse against tumults: now to the discourse itself, voluble enough, and full of sentence, but that, for the most part, either specious rather than solid, or to his cause nothing pertinent.
“He never thought any thing more to presage the mischiefs that ensued, than those tumults.” Then was his foresight but short, and much mistaken. Those tumults were but the mild effects of an evil and injurious reign; not signs of mischiefs to come, but seeking relief for mischiefs past: those signs were to be read more apparent in his rage and purposed revenge of those free expostulations and clamours of the people against his lawless government. “Not any thing,” saith he, “portends more God’s displeasure against a nation, than when he suffers the clamours of the vulgar to pass all bounds of law and reverence to authority.” It portends rather his displeasure against a tyrannous king, whose proud throne he intends to overturn by that contemptible vulgar; the sad cries and oppressions of whom his loyalty regarded not. As for that supplicating people, they did no hurt either to law or authority, but stood for it rather in the parliament against those whom they feared would violate it.
“That they invaded the honour and freedom of the two houses,” is his own officious accusation, not seconded by the parliament, who, had they seen cause, were themselves best able to complain. And if they “shook and menaced any, they were such as had more relation to the court than to the commonwealth; enemies, not patrons of the people. But if their petitioning unarmed were an invasion of both houses, what was his entrance into the house of commons, besetting it with armed men? In what condition then was the honour and freedom of that house?
Edition: current; Page: [461]“They forebore not rude deportments, contemptuous words and actions, to himself and his court.”
It was more wonder, having heard what treacherous hostility he had designed against the city and his whole kingdom, that they forebore to handle him as people in their rage have handled tyrants heretofore for less offences.
“They were not a short ague, but a fierce quotidian fever.” He indeed may best say it, who most felt it; for the shaking was within him, and it shook him by his own description “worse than a storm, worse than an earthquake;” Belshazzar’s palsy. Had not worse fears, terrors, and envies made within him that commotion, how could a multitude of his subjects, armed with no other weapon than petitions, have shaken all his joints with such a terrible ague? Yet that the parliament should entertain the least fear of bad intentions from him or his party, he endures not; but would persuade us, that “men scare themselves and others without cause:” for he thought fear would be to them a kind of armour, and his design was, if it were possible, to disarm all, especially of a wise fear and suspicion; for that he knew would find weapons.
He goes on therefore with vehemence, to repeat the mischiefs done by these tumults. “They first petitioned, then protested; dictate next, and lastly overawe the parliament. They removed obstructions, they purged the houses, cast out rotten members.” If there were a man of iron, such as Talus, by our poet Spencer, is feigned to be, the page of justice, who with his iron flail could do all this, and expeditiously, without those deceitful forms and circumstances of law, worse than ceremonies in religion; I say, God send it done, whether by one Talus, or by a thousand.
“But they subdued the men of conscience in parliament, backed and abetted all seditious and schismatical proposals against government ecclesiastical and civil.”
Now we may perceive the root of his hatred, whence it springs. It was not the king’s grace or princely goodness, but this iron flail, the people, that drove the bishops out of their baronies, out of their cathedrals, out of the lords’ house, out of their copes and surplices, and all those papistical innovations, threw down the high-commission and star-chamber, gave us a triennial parliament, and what we most desired; in revenge whereof he now so bitterly inveighs against them; these are those seditious and schismatical proposals then by him condescended to as acts of grace, now of another name; which declares him, touching matters of church and state, to have been no other man in the deepest of his solitude, than he was before at the highest of his sovereignty.
But this was not the worst of these tumults; they played the hasty “midwives, and would not stay the ripening, but went straight to ripping up, and forcibly cut out abortive votes.”
They would not stay perhaps the Spanish demurring, and putting off such wholesome acts and counsels, as the politic cabinet at Whitehall had no mind to. But all this is complained here as done to the parliament, and yet we heard not the parliament at that time complain of any violence from the people, but from him. Wherefore intrudes he to plead the cause of parliament against the people, while the parliament was pleading their own cause against him; and against him were forced to seek refuge of the people? It is plain then, that those confluxes and resorts interrupted not the parliament, nor by them were thought tumultuous, but by him only and his court faction.
“But what good man had not rather want any thing he most desired for the public good, than attain it by such unlawful and irreligious means?” Edition: current; Page: [462] As much as to say, had not rather sit still, and let his country be tyrannized, than that the people, finding no other remedy, should stand up like men, and demand their rights and liberties. This is the artificialest piece of finesse to persuade men into slavery that the wit of court could have invented. But hear how much better the moral of this lesson would befit the teacher. What good man had not rather want a boundless and arbitrary power, and those fine flowers of the crown, called prerogatives, than for them to use force and perpetual vexation to his faithful subjects, nay to wade for them through blood and civil war? So that this and the whole bundle of those following sentences may be applied better to the convincement of his own violent courses, than of those pretended tumults.
“Who were the chief demagogues to send for those tumults, some alive are not ignorant.” Setting aside the affrightment of this goblin word; for the king, by his leave, cannot coin English, as he could money, to be current, (and it is believed this wording was above his known style and orthography, and accuses the whole composure to be conscious of some other author,) yet if the people were sent for, emboldened and directed by those demagogues, who, saving his Greek, were good patriots, and by his own confession “men of some repute for parts and piety,” it helps well to assure us there was both urgent cause, and the less danger of their coming.
“Complaints were made, yet no redress could be obtained.” The parliament also complained of what danger they sat in from another party, and demanded of him a guard; but it was not granted. What marvel then if it cheered them to see some store of their friends, and in the Roman, not the pettifogging sense, their clients so near about them; a defence due by nature both from whom it was offered, and to whom, as due as to their parents; though the court stormed and fretted to see such honour given to them, who were then best fathers of the commonwealth. And both the parliament and people complained, and demanded justice for those assaults, if not murders, done at his own doors by that crew of rufflers; but he, instead of doing justice on them, justified and abetted them in what they did, as in his public answer to a petition from the city may be read. Neither is it slightly to be passed over, that in the very place where blood was first drawn in this cause, at the beginning of all that followed, there was his own blood shed by the executioner: according to that sentence of divine justice, “in the place where dogs licked the blood of Naboth, shall dogs lick thy blood, even thine.”
From hence he takes occasion to excuse that improvident and fatal error of his absenting from the parliament. “When he found that no declaration of the bishops could take place against those tumults.” Was that worth his considering, that foolish and self-undoing declaration of twelve cipher bishops, who were immediately appeached of treason for that audacious declaring? The bishops peradventure were now and then pulled by the rochets, and deserved another kind of pulling; but what amounted this to “the fear of his own person in the streets?” Did he not the very next day after his irruption into the house of commons, than which nothing had more exasperated the people, go in his coach unguarded into the city? Did he receive the least affront, much less violence, in any of the streets, but rather humble demeanors and supplications? Hence may be gathered, that however in his own guiltiness he might have justly feared, yet that he knew the people so full of awe and reverence to his person, as to dare commit himself single among the thickest of them, at a time when he had most provoked them. Besides, in Scotland they had handled the bishops in a more robustious manner; Edinburgh had been full of tumults; two armies from Edition: current; Page: [463] thence had entered England against him; yet after all this he was not fearful, but very forward to take so long a journey to Edinburgh; which argues first, as did also his rendition afterward to the Scots army, that to England he continued still, as he was indeed, a stranger, and full of diffidence, to the Scots only a native king, in his confidence; though not in his dealing towards them. It shows us next beyond doubting, that all this his fear of tumults was but a mere colour and occasion taken of his resolved absence from the parliament, for some end not difficult to be guessed. And those instances wherein valour is not to be questioned for not “scuffling with the sea, or an undisciplined rabble,” are but subservient to carry on the solemn jest of his fearing tumults; if they discover not withal the true reason why he departed, only to turn his slashing at the court-gate to slaughtering in the field; his disorderly bickering to an orderly invading; which was nothing else but a more orderly disorder.
“Some suspected and affirmed, that he meditated a war when he went first from Whitehall.” And they were not the worst heads that did so, nor did any of his former acts weaken him to that, as he alleges for himself; or if they had, they clear him only for the time of passing them, not for whatever thoughts might come after into his mind. Former actions of improvidence or fear, not with him unusual, cannot absolve him of all aftermeditations.
He goes on protesting his “no intention to have left Whitehall,” had these horrid tumults given him but fair quarter; as if he himself, his wife, and children had been in peril. But to this enough hath been answered.
“Had this parliament, as it was in its first election,” namely, with the lord and baron bishops, “sat full and free,” he doubts not but all had gone well. What warrant this of his to us, whose not doubting was all good men’s greatest doubt?
“He was resolved to hear reason, and to consent so far as he could comprehend.” A hopeful resolution: what if his reason were found by oft experience to comprehend nothing beyond his own advantages; was this a reason fit to be intrusted with the common good of three nations?
“But,” saith he, “as swine are to gardens, so are tumults to parliaments.” This the parliament, had they found it so, could best have told us. In the mean while, who knows not that one great hog may do as much mischief in a garden as many little swine?
“He was sometimes prone to think, that had he called this last parliament to any other place in England, the sad consequences might have been prevented.” But change of air changes not the mind. Was not his first parliament at Oxford dissolved after two subsidies given him, and no justice received? Was not his last in the same place, where they sat with as much freedom, as much quiet from tumults, as they could desire; a parliament, both in his account and their own, consisting of all his friends, that fled after him, and suffered for him, and yet by him nicknamed, and cashiered for a “mongrel parliament, that vexed his queen with their base and mutinous motions,” as his cabinet-letter tells us? Whereby the world may see plainly, that no shifting of place, no sifting of members to his own mind, no number, no paucity, no freedom from tumults, could ever bring his arbitrary wilfulness, and tyrannical designs, to brook the least shape or similitude, the least counterfeit of a parliament.
Finally, instead of praying for his people as a good king should do, he prays to be delivered from them, as “from wild beasts, inundations, and raging seas, that have overborne all loyalty, modesty, laws, justice, and religion.” God save the people from such intercessors!
V.: Upon the Bill for triennial Parliaments, and for settling this, &c.
The bill for a triennial parliament was but the third part of one good step toward that which in times past was our annual right. The other bill for settling this parliament was new indeed, but at that time very necessary; and in the king’s own words no more than what the world “was fully confirmed he might in justice, reason, honour, and conscience grant them;” for to that end he affirms to have done it.
But whereas he attributes the passing of them to his own act of grace and willingness, (as his manner is to make virtues of his necessities,) and giving to himself all the praise, heaps ingratitude upon the parliament, a little memory will set the clean contrary before us; that for those beneficial acts, we owe what we owe to the parliament, but to his granting them neither praise nor thanks. The first bill granted much less than two former statutes yet in force by Edward the Third; that a parliament should be called every year, or oftener, if need were: nay, from a far ancienter law-book called the “Mirror,” it is affirmed in a late treatise called “Rights of the Kingdom,”* that parliaments by our old laws ought twice a year to be at London. From twice in one year to once in three years, it may be soon cast up how great a loss we fell into of our ancient liberty by that act, which in the ignorant and slavish minds we then were, was thought a great purchase. Wisest men perhaps were contented (for the present, at least) by this act to have recovered parliaments, which were then upon the brink of danger to be for ever lost. And this is that which the king preaches here for a special token of his princely favour, to have abridged and overreached the people five parts in six of what their due was, both by ancient statute and originally. And thus the taking from us all but a triennial remnant of that English freedom which our fathers left us double, in a fair annuity enrolled, is set out, and sold to us here for the gracious and over-liberal giving of a new enfranchisement. How little, may we think, did he ever give us, who in the bill of his pretended givings writes down imprimis that benefit or privilege once in three years given us, which by so giving he more than twice every year illegally took from us; such givers as give single to take away sixfold, be to our enemies! for certainly this commonwealth, if the statutes of our ancestors be worth aught, would have found it hard and hazardous to thrive under the damage of such a guileful liberality. The other act was so necessary, that nothing in the power of man more seemed to be the stay and support of all things from that steep ruin to which he had nigh brought them, than that act obtained. He had by his ill stewardship, and, to say no worse, the needless raising of two armies intended for a civil war, beggared both himself and the public; and besides had left us upon the score of his needy enemies for what it cost them in their own defence against him. To disengage him and the kingdom, great sums were to be borrowed, which would never have been lent, nor could ever be repaid, had the king chanced to dissolve this parliament as heretofore. The errors also of his government had brought the kingdom to such extremes, as were incapable of all recovery without the absolute continuance of a parliament. It had been else in vain to go about the settling of so great distempers, if he, who first caused the malady, might, when he pleased, reject the remedy. Notwithstanding all which, that he granted both these acts unwillingly, and as a mere passive Edition: current; Page: [465] instrument, was then visible even to most of those men who now will see nothing.
At passing of the former act, he himself concealed not his unwillingness; and testifying a general dislike of their actions, which they then proceeded in with great approbation of the whole kingdom, he told them with a masterly brow, that “by this act he had obliged them above what they had deserved,” and gave a piece of justice to the commonwealth six times short of his predecessors, as if he had been giving some boon or begged office to a sort of his desertless grooms.
That he passed the latter act against his will, no man in reason can hold it questionable. For if the February before he made so dainty, and were so loth to bestow a parliament once in three years upon the nation, because this had so opposed his courses, was it likely that the May following he should bestow willingly on this parliament an indissoluble sitting, when they had offended him much more by cutting short and impeaching of high treason his chief favourites? It was his fear then, not his favour, which drew from him that act, lest the parliament, incensed by his conspiracies against them about the same time discovered, should with the people have resented too heinously those his doings, if to the suspicion of their danger from him he had also added the denial of this only means to secure themselves.
From these acts therefore in which he glories, and wherewith so oft he upbraids the parliament, he cannot justly expect to reap aught but dishonour and dispraise; as being both unwillingly granted, and the one granting much less than was before allowed by statute, the other being a testimony of his violent and lawless custom, not only to break privileges, but whole parliaments; from which enormity they were constrained to bind him first of all his predecessors; never any before him having given like causes of distrust and jealousy to his people. As for this parliament, how far he was from being advised by them as he ought, let his own words express.
He taxes them with “undoing what they found well done:” and yet knows they undid nothing in the church but lord bishops, liturgies, ceremonies, high-commission, judged worthy by all true protestants to be thrown out of the church. They undid nothing in the state but irregular and grinding courts, the main grievances to be removed; and if these were the things which in his opinion they found well done, we may again from hence be informed with what unwillingness he removed them; and that those gracious acts, whereof so frequently he makes mention, may be Englished more properly acts of fear and dissimulation against his mind and conscience.
The bill preventing dissolution of this parliament he calls “an unparalleled act, out of the extreme confidence that his subjects would not make ill use of it.” But was it not a greater confidence of the people, to put into one man’s hand so great a power, till he abused it, as to summon and dissolve parliaments? He would be thanked for trusting them, and ought to thank them rather for trusting him: the trust issuing first from them, not from him.
And that it was a mere trust, and not his prerogative, to call and dissolve parliaments at his pleasure; and that parliaments were not to be dissolved, till all petitions were heard, all grievances redressed, is not only the assertion of this parliament, but of our ancient law-books, which aver it to be an unwritten law of common right, so engraven in the hearts of our ancestors, and by them so constantly enjoyed and claimed, as that it Edition: current; Page: [466] needed not enrolling. And if the Scots in their declaration could charge the king with breach of their laws for breaking up that parliament without their consent, while matters of greatest moment were depending; it were unreasonable to imagine, that the wisdom of England should be so wanting to itself through all ages, as not to provide by some known law, written or unwritten, against the not calling, or the arbitrary dissolving of, parliaments; or that they who ordained their summoning twice a year, or as oft as need required, did not tacitly enact also, that as necessity of affairs called them, so the same necessity should keep them undissolved, till that were fully satisfied. Were it not for that, parliaments, and all the fruit and benefit we receive by having them, would turn soon to mere abusion. It appears then, that if this bill of not dissolving were an unparalleled act, it was a known and common right, which our ancestors under other kings enjoyed as firmly, as if it had been graven in marble; and that the infringement of this king first brought it into a written act: who now boasts that as a great favour done us, which his own less fidelity than was in former kings constrained us only of an old undoubted right to make a new written act. But what needed written acts, whenas anciently it was esteemed part of his crown oath, not to dissolve parliaments till all grievances were considered? whereupon the old “Modi of Parliament” calls it flat perjury, if he dissolve them before: as I find cited in a book mentioned at the beginning of this chapter, to which and other law-tractats I refer the more lawyerly mooting of this point, which is neither my element, nor my proper work here; since the book, which I have to answer, pretends reason, not authorities and quotations: and I hold reason to be the best arbitrator, and the law of law itself.
It is true, that “good subjects think it not just, that the king’s condition should be worse by bettering their’s.” But then the king must not be at such a distance from the people in judging what is better and what worse; which might have been agreed, had he known (for his own words condemn him) “as well with moderation to use, as with earnestness to desire, his own advantages.”
“A continual parliament, he thought, would keep the commonwealth in tune.” Judge, commonwealth, what proofs he gave, that this boasted profession was ever in his thought.
“Some,” saith he, “gave out, that I repented me of that settling act.” His own actions gave it out beyond all supposition; for doubtless it repented him to have established that by law, which he went about so soon after to abrogate by the sword.
He calls those acts, which he confesses “tended to their good, not more princely than friendly contributions.” As if to do his duty were of courtesy, and the discharge of his trust a parcel of his liberality; so nigh lost in his esteem was the birth-right of our liberties, that to give them back again upon demand, stood at the mercy of his contribution.
“He doubts not but the affections of his people will compensate his sufferings for those acts of confidence:” and imputes his sufferings to a contrary cause. Not his confidence, but his distrust, was that which brought him to those sufferings, from the time that he forsook his parliament; and trusted them never the sooner for what he tells “of their piety and religious strictness,” but rather hated them as puritans, whom he always sought to extirpate.
He would have it believed, that “to bind his hands by these acts, argued a very short foresight of things, and extreme fatuity of mind in him,” if he had meant a war. If we should conclude so, that were not the only argument: Edition: current; Page: [467] neither did it argue, that he meant peace; knowing that what he granted for the present out of fear, he might as soon repeal by force, watching his time; and deprive them the fruit of those acts, if his own designs, wherein he put his trust, took effect.
Yet he complains, “that the tumults threatened to abuse all acts of grace, and turn them into wantonness.” I would they had turned his wantonness into the grace of not abusing Scripture. Was this becoming such a saint as they would make him, to adulterate those sacred words from the grace of God to the acts of his own grace? Herod was eaten up of worms for suffering others to compare his voice to the voice of God; but the borrower of this phrase gives much more cause of jealousy, that he likened his own acts of grace to the acts of God’s grace.
From profaneness he scarce comes off with perfect sense. “I was not then in a capacity to make war,” therefore “I intended not.” “I was not in a capacity,” therefore “I could not have given my enemies greater advantage, than by so unprincely inconstancy to have scattered them by arms, whom but lately I had settled by parliament.” What place could there be for his inconstancy in that thing whereto he was in no capacity? Otherwise his inconstancy was not so unwonted, or so nice, but that it would have easily found pretences to scatter those in revenge, whom he settled in fear.
“It had been a course full of sin, as well as of hazard and dishonour.” True; but if those considerations withheld him not from other actions of like nature, how can we believe they were of strength sufficient, to withhold him from this? And that they withheld him not, the event soon taught us.
“His letting some men go up to the pinnacle of the temple, was a temptation to them to cast him down headlong.” In this simile we have himself compared to Christ, the parliament to the devil, and his giving them that act of settling, to his letting them go up to “the pinnacle of the temple.” A tottering and giddy act rather than a settling. This was goodly use made of Scripture in his solitudes: but it was no pinnacle of the temple, it was a pinnacle of Nebuchadnezzar’s palace, from whence he and monarchy fell headlong together.
He would have others see that “all the kingdoms of the world are not worth gaining by ways of sin which hazard the soul;” and hath himself left nothing unhazarded to keep three. He concludes with sentences, that, rightly scanned, make not so much for him as against him, and confesses, that “the act of settling was no sin of his will;” and we easily believe him, for it hath been clearly proved a sin of his unwillingness.
With his orisons I meddle not, for he appeals to a high audit. This yet may be noted, that at his prayers he had before him the sad presage of his ill success, “as of a dark and dangerous storm, which never admitted his return to the port from whence he set out.” Yet his prayer-book no sooner shut, but other hopes flattered him; and their flattering was his destruction.
VI.: Upon his Retirement from Westminster.
The simile wherewith he begins I was about to have found fault with, as in a garb somewhat more poetical than for a statist: but meeting with many strains of like dress in other of his essays, and hearing him reported a more diligent reader of poets than politicians, I begun to think that the whole book might perhaps be intended a piece of poetry. The words Edition: current; Page: [468] are good, the fiction smooth and cleanly; there wanted only rhyme, and that, they say, is bestowed upon it lately. But to the argument.
“I staid at Whitehall, till I was driven away by shame more than fear.” I retract not what I thought of the fiction, yet here, I must confess, it lies too open. In his messages and declarations, nay in the whole chapter next but one before this, he affirms, that “the danger wherein his wife, his children, and his own person” were by those tumults, was the main cause that drove him from Whitehall, and appeals to God as witness: he affirms here that it was “shame more than fear.” And Digby, who knew his mind as well as any, tells his new-listed guard, “that the principal cause of his majesty’s going thence was to save them from being trod in the dirt.” From whence we may discern what false and frivolous excuses are avowed for truth, either in those declarations, or in this penitential book. Our forefathers were of that courage and severity of zeal to justice and their native liberty, against the proud contempt and misrule of their kings, that when Richard the Second departed but from a committee of lords, who sat preparing matter for the parliament not yet assembled, to the removal of his evil counsellors, they first vanquished and put to flight Robert de Vere his chief favourite; and then, coming up to London with a huge army, required the king, then withdrawn for fear, but no further off than the Tower, to come to Westminster, which he refusing, they told him flatly, that unless he came they would choose another. So high a crime it was accounted then for kings to absent themselves, not from a parliament, which none ever durst, but from any meeting of his peers and counsellors, which did but tend towards a parliament. Much less would they have suffered, that a king, for such trivial and various pretences, one while for fear of tumults, another while “for shame to see them,” should leave his regal station, and the whole kingdom bleeding to death of those wounds, which his own unskilful and perverse government had inflicted.
Shame then it was that drove him from the parliament, but the shame of what? Was it the shame of his manifold errors and misdeeds, and to see how weakly he had played the king? No; “but to see the barbarous rudeness of those tumults to demand any thing.” We have started here another, and I believe the truest cause of his deserting the parliament. The worst and strangest of that “Any thing,” which the people then demanded, was but the unlording of bishops, and expelling them the house, and the reducing of church-discipline to a conformity with other protestant churches; this was the barbarism of those tumults: and that he might avoid the granting of those honest and pious demands, as well demanded by the parliament as the people, for this very cause more than for fear, by his own confession here, he left the city; and in a most tempestuous season forsook the helm and steerage of the commonwealth. This was that terrible “Any thing,” from which his Conscience and his Reason chose to run, rather than not deny. To be importuned the removing of evil counsellors, and other grievances in church and state, was to him “an intolerable oppression.” If the people’s demanding were so burdensome to him, what was his denial and delay of justice to them?
But as the demands of his people were to him a burden and oppression, so was the advice of his parliament esteemed a bondage; “Whose agreeing votes,” as he affirms, “were not by any law or reason conclusive to his judgment.” For the law, it ordains a parliament to advise him in his great affairs; but if it ordain also, that the single judgment of a king shall out-balance all the wisdom of his parliament, it ordains that which frustrates the end of its own ordaining. For where the king’s judgment may dissent, Edition: current; Page: [469] to the destruction, as it may happen, both of himself and the kingdom, their advice, and no further, is a most insufficient and frustraneous means to be provided by law in cases of so high concernment. And where the main and principal law of common preservation against tyranny is left so fruitless and infirm, there it must needs follow, that all lesser laws are to their several ends and purposes much more weak and ineffectual. For that nation would deserve to be renowned and chronicled for folly and stupidity, that should by law provide force against private and petty wrongs, advice only against tyranny and public ruin. It being therefore most unlike a law, to ordain a remedy so slender and unlawlike, to be the utmost means of all public safety or prevention,* as advice is, which may at any time be rejected by the sole judgment of one man, the king, and so unlike the law of England, which lawyers say is the quintessence of reason and mature wisdom; we may conclude, that the king’s negative voice was never any law, but an absurd and reasonless custom, begotten and grown up either from the flattery of basest times, or the usurpation of immoderate princes. Thus much to the law of it by a better evidence than rolls and records, reason.
But is it possible he should pretend also to reason, that the judgment of one man, not as a wise or good man, but as a king, and ofttimes a wilful, proud, and wicked king, should outweigh the prudence and all the virtue of an elected parliament? What an abusive thing were it then to summon parliaments, that by the major part of voices greatest matters may be there debated and resolved, whenas one single voice after that shall dash all their resolutions?
He attempts to give a reason why it should, “Because the whole parliaments represent not him in any kind.” But mark how little he advances; for if the parliament represent the whole kingdom, as is sure enough they do, then doth the king represent only himself; and if a king without his kingdom be in a civil sense nothing, then without or against the representative of his whole kingdom, he himself represents nothing; and by consequence his judgment and his negative is as good as nothing: and though we should allow him to be something, yet not equal† or comparable to the whole kingdom, and so neither to them who represent it: much less that one syllable of his breath put into the scales should be more ponderous than the joint voice and efficacy of a whole parliament, assembled by election, and endued with the plenipotence of a free nation, to make laws, not to be denied laws; and with no more but no, a sleeveless reason, in the most pressing times of danger and disturbance to be sent home frustrate and remediless.
Yet here he maintains, “to be no further bound to agree with the votes of both houses, than he sees them to agree with the will of God, with his just rights as a king, and the general good of his people.” As to the freedom of his agreeing or not agreeing, limited with due bounds, no man reprehends it; this is the question here, or the miracle rather, why his only not agreeing should lay a negative bar and inhibition upon that which is agreed to by a whole parliament, though never so conducing to the public good or safety? To know the will of God better than his whole kingdom, whence should he have it? Certainly court-breeding and his perpetual conversation with flatterers was but a bad school. To judge of his own rights could not belong to him, who had no right by law in any court to judge of so much as felony or treason, being held a party in both these cases, much more in this; and his rights however should give place to the Edition: current; Page: [470] general good, for which end all his rights were given him. Lastly, to suppose a clearer insight and discerning of the general good, allotted to his own singular judgment, than to the parliament and all the people, and from that self-opinion of discerning, to deny them that good which they, being all freemen, seek earnestly and call for, is an arrogance and iniquity beyond imagination rude and unreasonable; they undoubtedly having most authority to judge of the public good, who for that purpose are chosen out and sent by the people to advise him. And if it may be in him to see oft “the major part of them not in the right,” had it not been more his modesty, to have doubted their seeing him more often in the wrong?
He passes to another reason of his denials, “because of some men’s hydropic unsatiableness, and thirst of asking, the more they drank, whom no fountain of regal bounty was able to overcome.” A comparison more properly bestowed on those that came to guzzle in his wine-cellar, than on a freeborn people that came to claim in parliament their rights and liberties, which a king ought therefore to grant, because of right demanded; not to deny them for fear his bounty should be exhausted, which in these demands (to continue the same metaphor) was not so much as broached; it being his duty, not his bounty, to grant these things. He who thus refuses to give us law, in that refusal gives us another law, which is his will; another name also, and another condition—of freemen to become his vassals.
Putting off the courtier, he now puts on the philosopher, and sententiously disputes to this effect, “That reason ought to be used to men, force and terror to beasts; that he deserves to be a slave, who captivates the rational sovereignty of his soul and liberty of his will to compulsion; that he would not forfeit that freedom, which cannot be denied him as a king, because it belongs to him as a man and a Christian, though to preserve his kingdom; but rather die enjoying the empire of his soul, than live in such a vassalage, as not to use his reason and conscience, to like or dislike as a king.” Which words, of themselves, as far as they are sense, good and philosophical, yet in the mouth of him, who, to engross this common liberty to himself, would tread down all other men into the condition of slaves and beasts, they quite lose their commendation. He confesses a rational sovereignty of soul and freedom of will in every man, and yet with an implicit repugnancy would have his reason the sovereign of that sovereignty, and would captivate and make useless that natural freedom of will in all other men but himself. But them that yield him this obedience he so well rewards, as to pronounce them worthy to be slaves. They who have lost all to be his subjects, may stoop and take up the reward. What that freedom is, which “cannot be denied him as a king, because it belongs to him as a man and a Christian,” I understand not. If it be his negative voice, it concludes all men, who have not such a negative as his against a whole parliament, to be neither men nor Christians: and what was he himself then, all this while that we denied it him as a king? Will he say, that he enjoyed within himself the less freedom for that? Might not he, both as a man and as a Christian, have reigned within himself in full sovereignty of soul, no man repining, but that his outward and imperious will must invade the civil liberties of a nation? Did we therefore not permit him to use his reason or his conscience, not permitting him to bereave us the use of ours? And might not he have enjoyed both as a king, governing us as freemen by what laws we ourselves would be governed? It was not the inward use of his reason and of his conscience, that would content him, but to use them both as a law over all his subjects, “in whatever he declared as a king to like or dislike.” Which use of reason, most reasonless and unconscionable, Edition: current; Page: [471] is the utmost that any tyrant ever pretended over his vassals.
In all wise nations the legislative power, and the judicial execution of that power, have been most commonly distinct, and in several hands; but yet the former supreme, the other subordinate. If then the king be only set up to execute the law, which is indeed the highest of his office, he ought no more to make or forbid the making of any law agreed upon in parliament than other inferior judges, who are his deputies. Neither can he more reject a law offered him by the commons, than he can new make a law which they reject. And yet the more to credit and uphold his cause, he would seem to have philosophy on his side; straining her wise dictates to unphilosophical purposes. But when kings come so low, as to fawn upon philosophy, which before they neither valued nor understood, it is a sign that fails not, they are then put to their last trump. And philosophy as well requites them, by not suffering her golden sayings either to become their lips, or to be used as masks and colours of injurious and violent deeds. So that what they presume to borrow from her sage and virtuous rules, like the riddle of Sphinx not understood, breaks the neck of their own cause.
But now again to politics: “He cannot think the Majesty of the crown of England to be bound by any coronation oath in a blind and brutish formality, to consent to whatever its subjects in parliament shall require.” What tyrant could presume to say more, when he meant to kick down all law, government, and bond of oath? But why he so desires to absolve himself the oath of his coronation would be worth the knowing. It cannot but be yielded, that the oath, which binds him to performance of his trust, ought in reason to contain the sum of what his chief trust and office is. But if it neither do enjoin, nor mention to him, as a part of his duty, the making or the marring of any law, or scrap of law, but requires only his assent to those laws which the people have already chosen, or shall choose; (for so both the Latin of that oath, and the old English; and all reason admits, that the people should not lose under a new king what freedom they had before;) then that negative voice so contended for, to deny the passing of any law, which the commons choose, is both against the oath of his coronation, and his kingly office. And if the king may deny to pass what the parliament hath chosen to be a law, then doth the king make himself superior to his whole kingdom; which not only the general maxims of policy gainsay, but even our own standing laws, as hath been cited to him in remonstrances heretofore, that “the king hath two superiors, the law, and his court of parliament.” But this he counts to be a blind and brutish formality, whether it be law, or oath, or his duty, and thinks to turn it off with wholesome words and phrases, which he then first learnt of the honest people, when they were so often compelled to use them against those more truly blind and brutish formalities thrust upon us by his own command, not in civil matters only, but in spiritual. And if his oath to perform what the people require, when they crown him, be in his esteem a brutish formality, then doubtless those other oaths of allegiance and supremacy, taken absolute on our part, may most justly appear to us in all respects as brutish and as formal; and so by his own sentence no more binding to us, than his oath to him.
As for his instance, in case “he and the house of peers attempted to enjoin the house of commons,” it bears no equality; for he and the peers represent but themselves, the commons are the whole kingdom.
Thus he concludes “his oath to be fully discharged in governing by laws Edition: current; Page: [472] already made,” as being not bound to pass any new, “if his reason bids him deny.” And so may infinite mischiefs grow, and he with a pernicious negative may deny us all things good, or just, or safe, whereof our ancestors, in times much differing from ours, had either no foresight, or no occasion to foresee; while our general good and safety shall depend upon the private and overweening reason of one obstinate man, who, against all the kingdom, if he list, will interpret both the law and his oath of coronation by the tenour of his own will. Which he himself confesses to be an arbitrary power, yet doubts not in his argument to imply, as if he thought it more fit the parliament should be subject to his will, than he to their advice; a man neither by nature nor by nurture wise. How is it possible, that he, in whom such principles as these were so deep rooted, could ever, though restored again, have reigned otherwise than tyrannically?
He objects, “That force was but a slavish method to dispel his error.” But how often shall it be answered him, that no force was used to dispel the error out of his head, but to drive it from off our necks? for his error was imperious, and would command all other men to renounce their own reason and understanding, till they perished under the injunction of his allruling error.
He alleges the uprightness of his intentions to excuse his possible failings, a position false both in law and divinity; yea, contrary to his own better principles, who affirms in the twelfth chapter, that “the goodness of a man’s intention will not excuse the scandal and contagion of his example.” His not knowing, through the corruption of flattery and court-principles, what he ought to have known, will not excuse his not doing what he ought to have done: no more than the small skill of him, who undertakes to be a pilot, will excuse him to be misled by any wandering star mistaken for the pole. But let his intentions be never so upright, what is that to us? what answer for the reason and the national rights, which God hath given us, if having parliaments, and laws, and the power of making more to avoid mischief, we suffer one man’s blind intentions to lead us all with our eyes open to manifest destruction?
And if arguments prevail not with such a one, force is well used; not “to carry on the weakness of our counsels, or to convince his error,” as he surmises, but to acquit and rescue our own reason, our own consciences, from the force and prohibition laid by his usurping error upon our liberties and understandings.
“Never any thing pleased him more, than when his judgment concurred with theirs.” That was to the applause of his own judgment, and would as well have pleased any self-conceited man.
“Yea, in many things he chose rather to deny himself than them.” That is to say, in trifles. For “of his own interests” and personal rights he conceives himself “master.” To part with, if he please; not to contest for, against the kingdom, which is greater than he, whose rights are all subordinate to the kingdom’s good. And “in what concerns truth, justice, the right of church, or his crown, no man shall gain his consent against his mind.” What can be left then for a parliament, but to sit like images, while he still thus either with incomparable arrogances assumes to himself the best ability of judging for other men what is truth, justice, goodness, what his own and the church’s right, or with unsufferable tyranny restrains all men from the enjoyment of any good, which his judgment, though erroneous, thinks not fit to grant them; notwithstanding that the law and his coronal oath requires his undeniable assent to what laws the parliament agree upon?
Edition: current; Page: [473]“He had rather wear a crown of thorns with our Saviour.” Many would be all one with our Saviour, whom our Saviour will not know. They who govern ill those kingdoms which they had a right to, have to our Saviour’s crown of thorns no right at all. Thorns they may find enow of their own gathering, and their own twisting; for thorns and snares, saith Solomon, are in the way of the froward: but to wear them, as our Saviour wore them, is not given to them, that suffer by their own demerits. Nor is a crown of gold his due, who cannot first wear a crown of lead; not only for the weight of that great office, but for the compliance which it ought to have with them who are to counsel him, which here he terms in scorn “An imbased flexibleness to the various and oft contrary dictates of any factions,” meaning his parliament; for the question hath been all this while between them two. And to his parliament, though a numerous and choice assembly of whom the land thought wisest, he imputes, rather than to himself, “want of reason, neglect of the public, interest of parties, and particularity of private will and passion;” but with what modesty or likelihood of truth, it will be wearisome to repeat so often.
He concludes with a sentence fair in seeming, but fallacious. For if the conscience be ill edified, the resolution may more befit a foolish than a Christian king, to prefer a self-willed conscience before a kingdom’s good; especially in the denial of that, which law and his regal office by oath bids him grant to his parliament and whole kingdom rightfully demanding. For we may observe him throughout the discourse to assert his negative power against the whole kingdom; now under the specious plea of his conscience and his reason, but heretofore in a louder note; “Without us, or against our consent, the votes of either or of both houses together, must not, cannot, shall not.” Declar. May 4, 1642.
With these and the like deceivable doctrines he leavens also his prayer.
VII.: Upon the Queen’s Departure.
To this argument we shall soon have said; for what concerns it to us to hear a husband divulge his household privacies, extolling to others the virtues of his wife? an infirmity not seldom incident to those who have least cause. But how good she was a wife, was to himself, and be it left to his own fancy; how bad a subject, is not much disputed. And being such, it need be made no wonder, though she left a protestant kingdom with as little honour as her mother left a popish.
That this “is the example of any protestant subjects, that have taken up arms against their king a protestant,” can be to protestants no dishonour; when it shall be heard, that he first levied war on them, and to the interest of papists more than of protestants. He might have given yet the precedence of making war upon him to the subjects of his own nation, who had twice opposed him in the open field long ere the English found it necessary to do the like. And how groundless, how dissembled is that fear, lest she who for so many years had been averse from the religion of her husband, and every year more and more, before these disturbances broke out, should for them be now the more alineated from that, to which we never heard she was inclined? But if the fear of her delinquency, and that justice which the protestants demanded on her, was any cause of her alienating the more, to have gained her by indirect means had been no advantage to religion, much less then was the detriment to lose her further off. It had been happy if Edition: current; Page: [474] his own actions had not given cause of more scandal to the protestants, than what they did against her could justly scandalize any papist.
Them who accused her, well enough known to be the parliament, he censures for “men yet to seek their religion, whether doctrine, discipline, or good manners;” the rest he soothes with the name of true English protestants, a mere schismatical name, yet he so great an enemy of schism.
He ascribes “rudeness and barbarity, worse than Indian,” to the English parliament; and “all virtue” to his wife, in strains that come almost to sonneting: how fit to govern men, undervaluing and aspersing the great council of his kingdom, in comparison of one woman! Examples are not far to seek, how great mischief and dishonour hath befallen nations under the government of effeminate and uxorious magistrates; who being themselves governed and overswayed at home under a feminine usurpation, cannot but be far short of spirit and authority without doors, to govern a whole nation.
“Her tarrying here he could not think safe among them, who were shaking hands with allegiance, to lay faster hold on religion;” and taxes them of a duty rather than a crime, it being just to obey God rather than man, and impossible to serve two masters: I would they had quite shaken off what they stood shaking hands with; the fault was in their courage, not in their cause.
In his prayer he prays, that the disloyalty of his protestant subjects may not be a hinderance to her love of the true religion; and never prays, that the dissoluteness of his court, the scandals of his clergy, the unsoundness of his own judgment, the lukewarmness of his life, his letter of compliance to the pope, his permitting agents at Rome, the pope’s nuncio, and her jesuited mother here, may not be found in the sight of God far greater hinderances to her conversion.
But this had been a subtle prayer indeed, and well prayed though as duly as a Paternoster, if it could have charmed us to sit still, and have religion and our liberties one by one snatched from us, for fear lest rising to defend ourselves we should fright the queen, a stiff papist, from turning protestant! As if the way to make his queen a protestant, had been to make his subjects more than halfway papists.
He prays next, “that his constancy may be an antidote against the poison of other men’s example.” His constancy in what? Not in religion, for it is openly known, that her religion wrought more upon him, than his religion upon her; and his open favouring of papists, and his hatred of them called puritans, (the ministers also that prayed in churches for her conversion, being checked from court,) made most men suspect she had quite perverted him. But what is it, that the blindness of hypocrisy dares not do? It dares pray, and thinks to hide that from the eyes of God, which it cannot hide from the open view of man.
VIII.: Upon his Repulse at Hull, and the Fate of the Hothams.
Hull, a town of great strength and opportunity both to sea and land affairs, was at that time the magazine of all those arms, which the king had bought with money most illegally extorted from his subjects of England, to use in a causeless and most unjust civil war against his subjects of Scotland. The king in high discontent and anger had left the parliament, and was gone towards the north; the queen into Holland, where she pawned and Edition: current; Page: [475] set to sale the crown jewels; (a crime heretofore counted treasonable in kings;) and to what intent these sums were raised, the parliament was not ignorant. His going northward in so high a chafe they doubted was to possess himself of that strength, which the storehouse and situation of Hull might add suddenly to his malignant party. Having first therefore in many petitions earnestly prayed him to dispose and settle, with consent of both houses, the military power in trusty hands, and he as oft refusing, they were necessitated by the turbulence and danger of those times, to put the kingdom by their own authority into a posture of defence; and very timely sent Sir John Hotham, a member of the house, and knight of that county, to take Hull into his custody, and some of the trained bands to his assistance. For besides the general danger, they had, before the king’s going to York, notice given them of his private commissions to the earl of Newcastle, and to Colonel Legg, one of those employed to bring the army up against the parliament; who had already made some attempts, and the former of them under a disguise, to surprise that place for the king’s party. And letters of the Lord Digby were intercepted, wherein was wished, that the king would declare himself, and retire to some safe place; other information came from abroad, that Hull was the place designed for some new enterprise. And accordingly Digby himself not long after, with many other commanders, and much foreign ammunition, landed in those parts. But these attempts not succeeding, and that town being now in custody of the parliament, he sends a message to them, that he had firmly resolved to go in person into Ireland, to chastise those wicked rebels, (for these and worse words he then gave them,) and that towards this work he intended forthwith to raise by his commissions, in the counties near Westchester, a guard for his own person, consisting of 2000 foot, and 200 horse, that should be armed from his magazine at Hull. On the other side, the parliament, foreseeing the king’s drift, about the same time send him a petition, that they might have leave for necessary causes to remove the magazine of Hull to the Tower of London, to which the king returns his denial; and soon after going to Hull attended with about 400 horse, requires the governor to deliver him up the town: whereof the governor besought humbly to be excused, till he could send notice to the parliament, who had intrusted him; whereat the king much incensed proclaims him traitor before the town walls, and gives immediate order to stop all passages between him and the parliament. Yet himself dispatches post after post to demand justice, as upon a traitor; using a strange iniquity to require justice upon him, whom he then waylaid, and debarred from his appearance. The parliament no sooner understood what had passed, but they declare, that Sir John Hotham had done no more than was his duty, and was therefore no traitor.
This relation, being most true, proves that which is affirmed here to be most false; seeing the parliament, whom he accounts his “greatest enemies,” had “more confidence to abet and own” what Sir John Hotham had done, than the king had confidence to let him answer in his own behalf.
To speak of his patience, and in that solemn manner, he might better have forborne; “God knows,” saith he, “it affected me more with sorrow for others, than with anger for myself; nor did the affront trouble me so much as their sin.” This is read, I doubt not, and believed: and as there is some use of every thing, so is there of this book, were it but to show us, what a miserable, credulous, deluded thing that creature is, which is called the vulgar; who, notwithstanding what they might know, will believe such vainglories as these. Did not that choleric and vengeful act of proclaiming him traitor before due process of law, having been convinced Edition: current; Page: [476] so late before of his illegality with the five members declare his anger to be incensed? doth not his own relation confess as much? and his second message left him fuming three days after, and in plain words testifies “his impatience of delay” till Hotham be severely punished, for that which he there terms an insupportable affront.
Surely if his sorrow for Sir John Hotham’s sin were greater than his anger for the affront, it was an exceeding great sorrow indeed, and wonderous charitable. But if it stirred him so vehemently to have Sir John Hotham punished, and not at all, that we hear, to have him repent, it had a strange operation to be called a sorrow for his sin. He who would persuade us of his sorrow for the sins of other men, as they are sins, not as they are sinned against himself, must give us first some testimony of a sorrow for his own sins, and next for such sins of other men as cannot be supposed a direct injury to himself. But such compunction in the king, no man hath yet observed; and till then his sorrow for Sir John Hotham’s sin will be called no other than the resentment of his repulse; and his labour to have the sinner only punished, will be called by a right name, his revenge.
And “the hand of that cloud, which cast all soon after into darkness and disorder,” was his own hand. For assembling the inhabitants of Yorkshire and other counties, horse and foot, first under colour of a new guard to his person, soon after, being supplied with ammunition from Holland, bought with the crown jewels, he begins an open war by laying siege to Hull: which town was not his own, but the kingdom’s; and the arms there, public arms, bought with the public money, or not his own. Yet had they been his own by as good right as the private house and arms of any man are his own; to use either of them in a way not private, but suspicious to the commonwealth, no law permits. But the king had no propriety at all, either in Hull or in the magazine: so that the following maxims, which he cites “of bold and disloyal undertakers,” may belong more justly to whom he least meant them. After this he again relapses into the praise of his patience at Hull, and by his overtalking of it seems to doubt either his own conscience or the hardness of other men’s belief. To me, the more he praises it in himself, the more he seems to suspect that in very deed it was not in him; and that the lookers on so likewise thought.
Thus much of what he suffered by Hotham, and with what patience; now of what Hotham suffered, as he judges, for opposing him: “he could not but observe how God not long after pleaded and avenged his cause.” Most men are too apt, and commonly the worst of men, so to interpret and expound the judgments of God, and all other events of Providence or chance, as makes most to the justifying of their own cause, though never so evil; and attribute all to the particular favour of God towards them. Thus when Saul heard that David was in Keilah, “God,” saith he, “hath delivered him into my hands, for he is shut in.” But how far that king was deceived in his thought that God was favouring to his cause, that story unfolds; and how little reason this king had to impute the death of Hotham to God’s avengement of his repulse at Hull, may easily be seen. For while Hotham continued faithful to his trust, no man more safe, more successful, more in reputation than he: but from the time he first sought to make his peace with the king, and to betray into his hands that town, into which before he had denied him entrance, nothing prospered with him. Certainly had God purposed him such an end for his opposition to the king, he would not have deferred to punish him till then, when of an enemy he was changed to be the king’s friend, nor have made his repentance and amendment the occasion of his ruin. How much more likely is it, since Edition: current; Page: [477] he fell into the act of disloyalty to his charge, that the judgment of God concurred with the punishment of man, and justly cut him off for revolting to the king! to give the world an example, that glorious deeds done to ambitious ends, find reward answerable; not to their outward seeming, but to their inward ambition. In the mean while, what thanks he had from the king for revolting to his cause, and what good opinion for dying in his service, they who have ventured like him, or intend, may here take notice.
He proceeds to declare, not only in general wherefore God’s judgment was upon Hotham, but undertakes by fancies, and allusions, to give a criticism upon every particular: “that his head was divided from his body, because his heart was divided from the king; two heads cut off in one family for affronting the head of the commonwealth; the eldest son being infected with the sin of his father, against the father of his country.” These petty glosses and conceits on the high and secret judgments of God, besides the boldness of unwarrantable commenting, are so weak and shallow, and so like the quibbles of a court sermon, that we may safely reckon them either fetched from such a pattern, or that the hand of some household priest foisted them in; lest the world should forget how much he was a disciple of those cymbal doctors. But that argument, by which the author would commend them to us, discredits them the more: for if they be so “obvious to every fancy,” the more likely to be erroneous, and to misconceive the mind of those high secrecies, whereof they presume to determine. For God judges not by human fancy.
But however God judged Hotham, yet he had the king’s pity: but mark the reason how preposterous; so far he had his pity, “as he thought he at first acted more against the light of his conscience, than many other men in the same cause.” Questionless they who act against conscience, whether at the bar of human or divine justice, are pitied least of all. These are the common grounds and verdicts of nature, whereof when he who hath the judging of a whole nation is found destitute, under such a governor that nation must needs be miserable.
By the way he jerks at “some men’s reforming to models of religion, and that they think all is gold of piety, that doth but glister with a show of zeal.” We know his meaning, and apprehend how little hope there could be of him from such language as this: but are sure that the piety of his prelatic model glistered more upon the posts and pillars, which their zeal and fervency gilded over, than in the true works of spiritual edification.
“He is sorry that Hotham felt the justice of others, and fell not rather into the hands of his mercy.” But to clear that, he should have shown us what mercy he had ever used to such as fell into his hands before, rather than what mercy he intended to such as never could come to ask it. Whatever mercy one man might have expected, it is too well known the whole nation found none; though they besought it often, and so humbly; but had been swallowed up in blood and ruin, to set his private will above the parliament, had not his strength failed him. “Yet clemency, he counts a debt, which he ought to pay to those that crave it; since we pay not any thing to God for his mercy but prayers and praises.” By this reason we ought as freely to pay all things to all men; for of all that we receive from God, what do we pay for, more than prayers and praises? We looked for the discharge of his office, the payment of his duty to the kingdom, and are paid court-payment with empty sentences that have the sound of gravity, but the significance of nothing pertinent.
Yet again after his mercy past and granted, he returns back to give sentence Edition: current; Page: [478] upon Hotham; and whom he tells us he would so fain have saved alive, him he never leaves killing with a repeated condemnation, though dead long since. It was ill that somebody stood not near to whisper him, that a reiterating judge is worse than a tormentor. “He pities him, he rejoices not, he pities him” again; but still is sure to brand him at the tail of his pity with some ignominious mark, either of ambition or disloyalty. And with a kind of censorious pity aggravates rather than lessens or conceals the fault: to pity thus, is to triumph.
He assumes to foreknow, that “after-times will dispute, whether Hotham were more infamous at Hull, or at Tower-hill.” What knew he of after-times, who, while he sits judging and censuring without end, the fate of that unhappy father and his son at Tower-hill, knew not the like fate attended him before his own palace gate; and as little knew whether after-times reserve not a greater infamy to the story of his own life and reign?
He says but over again in his prayer what his sermon hath preached: how acceptably to those in heaven, we leave to be decided by that precept, which forbids “vain repetitions.” Sure enough it lies as heavy as he can lay it upon the head of poor Hotham.
Needs he will fasten upon God a piece of revenge, as done for his sake; and take it for a favour, before he know it was intended him: which in his closet had been excusable, but in a written and published prayer too presumptuous. Ecclesiastes hath a right name for such kind of sacrifices.
Going on, he prays thus, “Let not thy justice prevent the objects and opportunities of my mercy.” To folly, or to blasphemy, or to both, shall we impute this? Shall the justice of God give place, and serve to glorify the mercies of a man? All other men, who know what they ask, desire of God, that their doings may tend to his glory; but in this prayer, God is required, that his justice would forbear to prevent, and as good have said to intrench upon the glory of a man’s mercy. If God forbear his justice, it must be, sure, to the magnifying of his own mercy: how then can any mortal man, without presumption little less than impious, take the boldness to ask that glory out of his hand? It may be doubted now by them who understand religion, whether the king were more unfortunate in this his prayer, or Hotham in those his sufferings.
IX.: Upon the listing and raising Armies, &c.
It were an endless work, to walk side by side with the verbosity of this chapter; only to what already hath not been spoken, convenient answer shall be given. He begins again with tumults: all demonstration of the people’s love and loyalty to the parliament was tumult; their petitioning tumult; their defensive armies were but listed tumults; and will take no notice that those about him, those in a time of peace listed into his own house, were the beginners of all these tumults; abusing and assaulting not only such as came peaceably to the parliament at London, but those that came petitioning to the king himself at York. Neither did they abstain from violence and outrage to the messengers sent from parliament; he himself either countenancing or conniving at them.
He supposes, that “his recess gave us confidence, that he might be conquered.” Other men suppose both that and all things else, who knew him neither by nature warlike, nor experienced, nor fortunate; so far was any Edition: current; Page: [479] man, that discerned aught, from esteeming him unconquerable; yet such are readiest to embroil others.
“But he had a soul invincible.” What praise is that? The stomach of a child is ofttimes invincible to all correction. The unteachable man hath a soul to all reason and good advice invincible; and he who is intractable, he whom nothing can persuade, may boast himself invincible; whenas in some things to be overcome, is more honest and laudable than to conquer.
He labours to have it thought, that “his fearing God more than man” was the ground of his sufferings; but he should have known, that a good principle not rightly understood may prove as hurtful as a bad; and his fear of God may be as faulty as a blind zeal. He pretended to fear God more than the parliament, who never urged him to do otherwise; he should also have feared God more than he did his courtiers, and the bishops, who drew him, as they pleased, to things inconsistent with the fear of God. Thus boasted Saul to have “performed the commandment of God,” and stood in it against Samuel; but it was found at length, that he had feared the people more than God, in saving those fat oxen for the worship of God, which were appointed for destruction. Not much unlike, if not much worse, was that fact of his, who, for fear to displease his court and mongrel clergy, with the dissolutest of the people, upheld in the church of God, while his power lasted, those beasts of Amalec, the prelates, against the advice of his parliament and the example of all reformation; in this more inexcusable than Saul, that Saul was at length convinced, he to the hour of death fixed in his false persuasion; and soothes himself in the flattering peace of an erroneous and obdurate conscience; singing to his soul vain psalms of exultation, as if the parliament had assailed his reason with the force of arms, and not he on the contrary their reason with his arms; which hath been proved already, and shall be more hereafter.
He twits them with “his acts of grace;” proud, and unself-knowing worde in the mouth of any king, who affects not to be a god, and such as ought to be as odious in the ears of a free nation. For if they were unjust acts, why did he grant them as of grace? If just, it was not of his grace, out of his duty and his oath to grant them.
“A glorious king he would be, though by his sufferings:” but that can never be to him, whose sufferings are his own doings. He feigns “a hard choice” put upon him, “either to kill his subjects, or be killed.” Yet never was king less in danger of any violence from his subjects, till he unsheathed his sword against them; nay, long after that time, when he had spilt the blood of thousands, they had still his person in a foolish veneration.
He complains, “that civil war must be the fruits of his seventeen years reigning with such a measure of justice, peace, plenty, and religion, as all nations either admired or envied.” For the justice we had, let the council-table, star-chamber, high-commission speak the praise of it; not forgetting the unprincely usage, and, as far as might be, the abolishing of parliaments, the displacing of honest judges, the sale of offices, bribery, and exaction, not found out to be punished, but to be shared in with impunity for the time to come. Who can number the extortions, the oppressions, the public robberies and rapines committed on the subject both by sea and land under various pretences? their possessions also taken from them, one while as forest-land, another while as crown-land; nor were their goods exempted, no not the bullion in the mint; piracy was become a project owned and authorized against the subject.
Edition: current; Page: [480]For the peace we had, what peace was that which drew out the English to a needless and dishonourable voyage against the Spaniard at Cales? Or that which lent our shipping to a treacherous and antichristian war against the poor protestants of Rochel our suppliants? What peace was that which fell to rob the French by sea, to the embarring of all our merchants in that kingdom? which brought forth that unblest expedition to the Isle of Rhee, doubtful whether more calamitous in the success or in the design, betraying all the flower of our military youth and best commanders to a shameful surprisal and execution. This was the peace we had, and the peace we gave, whether to friends or to foes abroad. And if at home any peace were intended us, what meant those Irish billetted soldiers in all parts of the kingdom, and the design of German horse to subdue us in our peaceful houses?
For our religion, where was there a more ignorant, profane, and vicious clergy, learned in nothing but the antiquity of their pride, their covetousness, and superstition? whose unsincere and leavenous doctrine, corrupting the people, first taught them looseness, then bondage; loosening them from all sound knowledge and strictness of life, the more to fit them for the bondage of tyranny and superstition. So that what was left us for other nations not to pity, rather than admire or envy, all those seventeen years, no wise man could see. For wealth and plenty in a land where justice reigns not, is no argument of a flourishing state, but of a nearness rather to ruin or commotion.
These were not “some miscarriages” only of government, “which might escape,” but a universal distemper, and reducement of law to arbitrary power; not through the evil counsels of “some men,” but through the constant course and practice of all that were in highest favour: whose worst actions frequently avowing he took upon himself; and what faults did not yet seem in public to be originally his, such care he took by professing, and proclaiming openly, as made them all at length his own adopted sins. The persons also, when he could no longer protect, he esteemed and favoured to the end; but never, otherwise than by constraint, yielded any of them to due punishment; thereby manifesting that what they did was by his own authority and approbation.
Yet here he asks, “whose innocent blood he hath shed, what widows’ or orphans’ tears can witness against him?” After the suspected poisoning of his father, not inquired into, but smothered up, and him protected and advanced to the very half of his kingdom, who was accused in parliament to be author of the fact; (with much more evidence than Duke Dudley, that false protector, is accused upon record to have poisoned Edward the Sixth;) after all his rage and persecution, after so many years of cruel war on his people in three kingdoms! Whence the author of “Truths manifest,”* a Scotsman, not unacquainted with affairs, positively affirms, “that there hath been more Christian blood shed by the commission, approbation, and connivance of King Charles, and his father James, in the latter end of their reign, than in the ten Roman persecutions.” Not to speak of those many whippings, pillories, and other corporal inflictions, wherewith his reign also before this war was not unbloody; some have died in prison under cruel restraint, others in banishment, whose lives were shortened through the rigour of that persecution, wherewith so many years he infested Edition: current; Page: [481] the true church. And those six members all men judged to have escaped no less than capital danger, whom he so greedily pursuing into the house of commons, had not there the forbearance to conceal how much it troubled him, “that the birds were flown.” If some vulture in the mountains could have opened his beak intelligibly and spoke, what fitter words could he have uttered at the loss of his prey? The tyrant Nero, though not yet deserving that name, set his hand so unwillingly to the execution of a condemned person, as to wish “he had not known letters.” Certainly for a king himself to charge his subjects with high treason, and so vehemently to prosecute them in his own cause, as to do the office of a searcher, argued in him no great aversation from shedding blood, were it but to “satisfy his anger,” and that revenge was no unpleasing morsel to him, whereof he himself thought not much to be so diligently his own caterer. But we insist rather upon what was actual, than what was probable.
He now falls to examine the causes of this war, as a difficulty which he had long “studied” to find out. “It was not,” saith he, “my withdrawing from Whitehall; for no account in reason could be given of those tumults, where an orderly guard was granted.” But if it be a most certain truth, that the parliament could never yet obtain of him any guard fit to be confided in, then by his own confession some account of those pretended tumults “may in reason be given;” and both concerning them and the guards enough hath been said already.
“Whom did he protect against the justice of parliament?” Whom did he not to his utmost power? Endeavouring to have rescued Strafford from their justice, though with the destruction of them and the city; to that end expressly commanding the admittance of new soldiers into the tower, raised by Suckling and other conspirators, under pretence for the Portugal; though that ambassador, being sent to, utterly denied to know of any such commission from his master. And yet that listing continued: not to repeat his other plot of bringing up the two armies. But what can be disputed with such a king, in whose mouth and opinion the parliament itself was never but a faction, and their justice no justice, but “the dictates and overswaying insolence of tumults and rabbles?” and under that excuse avouches himself openly the general patron of most notorious delinquents, and approves their flight out of the land, whose crimes were such, as that the justest and the fairest trial would have soonest condemned them to death. But did not Catiline plead in like manner against the Roman senate, and the injustice of their trial, and the justice of his flight from Rome? Cæsar also, then hatching tyranny, injected the same scrupulous demurs, to stop the sentence of death in full and free senate decreed on Lentulus and Cethegus, two of Catiline’s accomplices, which were renewed and urged for Strafford. He vouchsafes to the reformation, by both kingdoms intended, no better name than “innovation and ruin both in church and state.” And what we would have learned so gladly of him in other passages before, to know wherein, he tells us now of his own accord. The expelling bishops out of the house of peers, that was “ruin to the state;” the “removing” them “root and branch,” this was “ruin to the church.”
How happy could this nation be in such a governor, who counted that their ruin, which they thought their deliverance; the ruin both of church and state, which was the recovery and the saving of them both?
To the passing of those bills against bishops how is it likely that the house of peers gave so hardly their consent, which they gave so easily before to the attaching them of high treason, twelve at once, only for protesting that the parliament could not act without them? Surely if their rights Edition: current; Page: [482] and privileges were thought so undoubted in that house, as is here maintained; then was that protestation, being meant and intended in the name of their whole spiritual order, no treason; and so that house itself will become liable to a just construction either of injustice to appeach them for so consenting, or of usurpation, representing none but themselves, to expect that their voting or not voting should obstruct the commons: who not for “five repulses of the lords,” no not for fifty, were to desist from what in the name of the whole kingdom they demanded, so long as those lords were none of our lords. And for the bill against root and branch, though it passed not in both houses till many of the lords and some few of the commons, either enticed away by the king, or overawed by the sense of their own malignancy not prevailing, deserted the parliament, and made a fair riddance of themselves; that was no warrant for them who remained faithful, being far the greater number, to lay aside that bill of root and branch, till the return of their fugitives; a bill so necessary and so much desired by themselves as well as by the people.
This was the partiality, this degrading of the bishops, a thing so wholesome in the state, and so orthodoxal in the church both ancient and reformed; which the king rather than assent to “will either hazard both his own and the kingdom’s ruin,” by our just defence against his force of arms; or prostrate our consciences in a blind obedience to himself, and those men, whose superstition, zealous or unzealous, would enforce upon us an antichristian tyranny in the church, neither primitive, apostolical, nor more anciently universal than some other manifest corruptions.
But “he was bound, besides his judgment, by a most strict and indispensable oath, to preserve the order and the rights of the church.” If he mean that oath of his coronation, and that the letter of that oath admit not to be interpreted either by equity, reformation, or better knowledge, then was the king bound by that oath, to grant the clergy all those customs, franchises, and canonical privileges granted to them by Edward the Confessor: and so might one day, under pretence of that oath and his conscience, have brought us all again to popery: but had he so well remembered as he ought the words to which he swore, he might have found himself no otherwise obliged there, than “according to the laws of God, and true profession of the gospel.” For if those following words, “established in this kingdom,” be set there to limit and lay prescription on the laws of God and truth of the gospel by man’s establishment, nothing can be more absurd or more injurious to religion. So that however the German emperors or other kings have levied all those wars on their protestant subjects under the colour of a blind and literal observance to an oath, yet this king had least pretence of all; both sworn to the laws of God and evangelic truth, and disclaiming, as we heard him before, “to be bound by any coronation oath, in a blind and brutish formality.” Nor is it to be imagined, if what shall be established come in question, but that the parliament should oversway the king, and not he the parliament. And by all law and reason that which the parliament will not is no more established in this kingdom, neither is the king bound by oath to uphold it as a thing established. And that the king (who of his princely grace, as he professes, hath so oft abolished things that stood firm by law, as the star-chamber and high-commission) ever thought himself bound by oath to keep them up, because established; he who will believe, must at the same time condemn him of as many perjuries, as he is well known to have abolished both laws and jurisdictions that wanted no establishment.
“Had he gratified,” he thinks, “their antiepiscopal faction with his Edition: current; Page: [483] consent, and sacrificed the church-government and revenues to the fury of their covetousness,” &c. an army had not been raised. Whereas it was the fury of his own hatred to the professors of true religion, which first incited him to prosecute them with the sword of war, when whips, pillories, exiles, and imprisonments were not thought sufficient. To colour which he cannot find wherewithal, but that stale pretence of Charles the Vth, and other popish kings, that the protestants had only an intent to lay hands upon the church-revenue, a thing never in the thoughts of this parliament, till exhausted by his endless war upon them, their necessity seized on that for the commonwealth, which the luxury of prelates had abused before to a common mischief.
His consent to the unlording of bishops, (for to that he himself consented, and at Canterbury the chief seat of their pride, so God would have it!) “was from his firm persuasion of their contentedness to suffer a present diminution of their rights.” Can any man, reading this, not discern the pure mockery of a royal consent, to delude us only for “the present,” meaning, it seems, when time should serve, to revoke all? By this reckoning, his consents and his denials come all to one pass: and we may hence perceive the small wisdom and integrity of those votes, which voted his concessions of the Isle of Wight for grounds of a lasting peace. This he alleges, this controversy about bishops, “to be the true state” of that difference between him and the parliament. For he held episcopacy “both very sacred and divine;” with this judgment, and for this cause, he withdrew from the parliament, and confesses that some men knew “he was like to bring again the same judgment which he carried with him.” A fair and unexpected justification from his own mouth afforded to the parliament, who, notwithstanding what they knew of his obstinate mind, omitted not to use all those means and that patience to have gained him.
As for delinquents, “he allows them to be but the necessary consequences of his and their withdrawing and defending,” a pretty shift! to mince the name of a delinquent into a necessary consequent: what is a traitor, but the necessary consequence of his treason? What a rebel, but of his rebellion? From his conceit he would infer a pretext only in the parliament “to fetch in delinquents,” as if there had indeed been no such cause, but all the delinquency in London tumults. Which is the overworn theme and stuffing of all his discourses.
This he thrice repeats to be the true state and reason of all that war and devastation in the land: and that “of all the treaties and propositions” offered him, he was resolved “never to grant the abolishing of episcopal, or the establishment of presbyterian, government.” I would demand now of the Scots and covenanters, (for so I call them, as misobservers of the covenant,) how they will reconcile “the preservation of religion and their liberties, and the bringing of delinquents to condign punishment,” with the freedom, honour, and safety of this avowed resolution here, that esteems all the zeal of their prostituted covenant no better than “a noise and show of piety, a heat for reformation, filling them with prejudice, and obstructing all equality and clearness of judgment in them.” With these principles who knows but that at length he might have come to take the covenant, as others, whom they brotherly admit, have done before him? And then all, no doubt, had gone well, and ended in a happy peace.
His prayer is most of it borrowed out of David; but what if it be answered him as the Jews, who trusted in Moses, were answered by our Saviour; “there is one that accuseth you, even David, whom you misapply.”
Edition: current; Page: [484]He tells God, “that his enemies are many,” but tells the people, when it serves his turn, they are but “a faction of some few, prevailing over the major part of both houses.”
“God knows he had no passion, design, or preparation, to embroil his kingdom in a civil war.” True; for he thought his kingdom to be Issachar, a “strong ass that would have couched down between two burdens,” the one of prelatical superstition, the other of civil tyranny: but what passion and design, what close and open preparation he had made, to subdue us to both these by terror and preventive force, all the nation knows.
“The confidence of some men had almost persuaded him to suspect his own innocence.” As the words of Saint Paul had almost persuaded Agrippa to be a Christian. But almost, in the works of repentance, is as good as not at all.
“God,” saith he, “will find out bloody and deceitful men, many of whom have not lived out half their days.” It behoved him to have been more cautious how he tempted God’s finding out of blood and deceit, till his own years had been further spent, or that he had enjoyed longer the fruits of his own violent counsels.
But instead of wariness he adds another temptation, charging God “to know, that the chief design of this war was either to destroy his person, or to force his judgment.” And thus his prayer, from the evil practice of unjust accusing men to God, arises to the hideous rashness of accusing God before men, to know that for truth which all men know to be most false.
He prays, “that God would forgive the people, for they know not what they do.” It is an easy matter to say over what our Saviour said; but how he loved the people other arguments than affected sayings must demonstrate. He who so oft hath presumed rashly to appeal to the knowledge and testimony of God in things so evidently untrue, may be doubted what belief or esteem he had of his forgiveness, either to himself, or those for whom he would *so feign that men should hear he prayed.
X.: Upon their seizing the magazines, forts, &c.
To put the matter soonest out of controversy who was the first beginner of this civil war, since the beginning of all war may be discerned not only by the first act of hostility, but by the counsels and preparations foregoing, it shall evidently appear, that the king was still foremost in all these. No king had ever at his first coming to the crown more love and acclamation from a people; never any people found worse requital of their loyalty and good affection: first, by his extraordinary fear and mistrust, that their liberties and rights were the impairing and diminishing of his regal power, the true original of tyranny; next, by his hatred to all those who were esteemed religious; doubting that their principles too much asserted liberty. This was quickly seen by the vehemence, and the causes alleged of his persecuting, the other by his frequent and opprobrious dissolution of parliaments; after he had demanded more money of them, and they to obtain their rights had granted him, than would have bought the Turk out of Morea, and set free all the Greeks. But when he sought to extort from us, by way of tribute, that which had been offered to him conditionally in Edition: current; Page: [485] parliament, as by a free people, and that those extortions were now consumed and wasted by the luxury of his court, he began then (for still the more he did wrong, the more he feared) before any tumult or insurrection of the people to take counsel how he might totally subdue them to his own will. Then was the design of German horse, while the duke reigned, and, which was worst of all, some thousands of the Irish papists were in several parts billeted upon us, while a parliament was then sitting. The pulpits resounded with no other doctrine than that which gave all property to the king, and passive obedience to the subject. After which, innumerable forms and shapes of new exactions and exactors overspread the land: nor was it enough to be impoverished, unless we were disarmed. Our trained bands, which are the trustiest and most proper strength of a free nation not at war with itself, had their arms in divers counties taken from them; other ammunition by design was ingrossed and kept in the Tower, not to be bought without a license, and at a high rate.
Thus far and many other ways were his counsels and preparations beforehand with us, either to civil war, if it should happen, or to subdue us without a war, which is all one, until the raising of his two armies against the Scots, and the latter of them raised to the most perfidious breaking of a solemn pacification: the articles whereof though subscribed with his own hand, he commanded soon after to be burned openly by the hangman. What enemy durst have done him that dishonour and affront, which he did therein to himself?
After the beginning of this parliament, whom he saw so resolute and unanimous to relieve the commonwealth, and that the earl of Strafford was condemned to die, other of his evil counsellors impeached and imprisoned; to show there wanted not evil counsel within himself sufficient to begin a war upon his subjects, though no way by them provoked, he sends an agent with letters to the king of Denmark, requiring aid against the parliament: and that aid was coming, when Divine Providence, to divert them, sent a sudden torrent of Swedes into the bowels of Denmark. He then endeavours to bring up both armies, first the English, with whom 8000 Irish papists, raised by Strafford, and a French army were to join; then the Scots at Newcastle, whom he thought to have encouraged by telling them what money and horse he was to have from Denmark. I mention not the Irish conspiracy till due place. These and many other were his counsels toward a civil war. His preparations, after those two armies were dismissed, could not suddenly be too open: nevertheless there were 8000 Irish papists, which he refused to disband, though entreated by both houses, first for reasons best known to himself, next under pretence of lending them to the Spaniard; and so kept them undisbanded till very near the month wherein that rebellion broke forth. He was also raising forces in London, pretendedly to serve the Portugal, but with intent to seize the Tower; into which divers cannoniers were by him sent with many fireworks and grenadoes; and many great battering pieces were mounted against the city. The court was fortified with ammunition, and soldiers new listed, who followed the king from London, and appeared at Kingston some hundred of horse in a warlike manner, with wagons of ammunition after them; the queen in Holland was buying more; of which the parliament had certain knowledge, and had not yet so much as demanded the militia to be settled, till they knew both of her going over sea, and to what intent. For she had packed up the crown jewels to have been going long before, had not the parliament, suspecting by the discoveries at Burrow-bridge what was intended with the jewels, used means Edition: current; Page: [486] to stay her journey till the winter. Hull and the magazine there had been secretly attempted under the king’s hand; from whom (though in his declarations renouncing all thought of war) notes were sent over sea for supply of arms; which were no sooner come, but the inhabitants of Yorkshire and other counties were called to arms, and actual forces raised, while the parliament were yet petitioning in peace, and had not one man listed.
As to the act of hostility, though not much material in whom first it began, or by whose commissions dated first, after such counsels and preparations discovered, and so far advanced by the king, yet in that act also he will be found to have had precedency, if not at London by the assault of his armed court upon the naked people, and his attempt upon the house of commons, yet certainly at Hull, first by his close practices on that town, next by his siege. Thus whether counsels, preparations, or acts of hostility be considered, it appears with evidence enough, though much more might be said, that the king is truly charged to be the first beginner of these civil wars. To which may be added as a close, that in the Isle of Wight he charged it upon himself at the public treaty, and acquitted the parliament.
But as for the securing of Hull and the public stores therein, and in other places, it was no “surprisal of his strength;” the custody whereof by authority of parliament was committed into hands most fit and most responsible for such a trust. It were a folly beyond ridiculous, to count ourselves a free nation, if the king, not in parliament, but in his own person, and against them, might appropriate to himself the strength of a whole nation as his proper goods. What the laws of the land are, a parliament should know best, having both the life and death of laws in their lawgiving power: and the law of England is, at best, but the reason of parliament. The parliament therefore, taking into their hands that whereof most properly they ought to have the keeping, committed no surprisal. If they prevented him, that argued not at all either “his innocency or unpreparedness,” but their timely foresight to use prevention.
But what needed that? “They knew his chiefest arms left him were those only, which the ancient Christians were wont to use against their persecutors, prayers and tears.” O sacred reverence of God! respect and shame of men! whither were ye fled when these hypocrisies were uttered? Was the kingdom, then, at all that cost of blood to remove from him none but prayers and tears? What were those thousands of blaspheming cavaliers about him, whose mouths let fly oaths and curses by the volley; were those the prayers? and those carouses drank to the confusion of all things good or holy, did those minister the tears? Were they prayers and tears that were listed at York, mustered on Heworth moor, and laid siege to Hull for the guard of his person? Were prayers and tears at so high a rate in Holland, that nothing could purchase them but the crown jewels? Yet they in Holland (such word was sent us) sold them for guns, carabines, mortar-pieces, cannons, and other deadly instruments of war; which, when they came to York, were all, no doubt by the merit of some great saint, suddenly transformed into prayers and tears: and, being divided into regiments and brigades, were the only arms that mischieved us in all those battles and encounters.
These were his chief arms, whatever we must call them, and yet such arms as they who fought for the commonwealth have by the help of better prayers vanquished and brought to nothing.
He bewails his want of the militia, “not so much in reference to his own protection, as the people’s, whose many and sore oppressions grieve him.” Edition: current; Page: [487] Never considering how ill for seventeen years together he had protected them, and that these miseries of the people are still his own handiwork, having smitten them, like a forked arrow, so sore into the kingdom’s sides, as not to be drawn out and cured without the incision of more flesh.
He tells us, that “what he wants in the hand of power,” he has in “the wings of faith and prayer.” But they who made no reckoning of those wings, while they had that power in their hands, may easily mistake the wings of faith for the wings of presumption, and so fall headlong.
We next meet with a comparison, how apt let them judge who have travelled to Mecca, “that the parliament have hung the majesty of kingship in airy imagination of regality, between the privileges of both houses, like the tomb of Mahomet.” He knew not that he was prophesying the death and burial of a Turkish tyranny, that spurned down those laws which gave it life and being, so long as it endured to be a regulated monarchy.
He counts it an injury “not to have the sole power in himself to help or hurt any;” and that the “militia, which he holds to be his undoubted right, should be disposed as the parliament thinks fit:” and yet confesses, that, if he had it in his actual disposing, he would defend those whom he calls “his good subjects, from those men’s violence and fraud, who would persuade the world, that none but wolves are fit to be trusted with the custody of the shepherd and his flock.” Surely, if we may guess whom he means here, by knowing whom he hath ever most opposed in this controversy, we may then assure ourselves, that by violence and fraud he means that which the parliament hath done in settling the militia, and those the wolves into whose hands it was by them intrusted: which draws a clear confession from his own mouth, that if the parliament had left him sole power of the militia, he would have used it to the destruction of them and their friends.
As for sole power of the militia, which he claims as a right no less undoubted than the crown, it hath been oft enough told him, that he hath no more authority over the sword, than over the law; over the law he hath none, either to establish or to abrogate, to interpret or to execute, but only by his courts and in his courts, whereof the parliament is highest; no more therefore hath he power of the militia, which is the sword, either to use or to dispose, but with consent of parliament; give him but that, and as good give him in a lump all our laws and liberties. For if the power of the sword were any where separate and undepending from the power of the law, which is originally seated in the highest court, then would that power of the sword be soon master of the law: and being at one man’s disposal might, when he pleased, control the law; and in derision of our Magna Charta, which were but weak resistance against an armed tyrant, might absolutely enslave us. And not to have in ourselves, though vaunting to be freeborn, the power of our own freedom, and the public safety, is a degree lower than not to have the property of our own goods. For liberty of person, and the right of self-preservation, is much nearer, much more natural, and more worth to all men, than the propriety of their goods and wealth. Yet such power as all this did the king in open terms challenge to have over us, and brought thousands to help him win it; so much more good at fighting than at understanding, as to persuade themselves, that they fought then for the subject’s liberty.
He is contented, because he knows no other remedy, to resign this power “for his own time, but not for his successors:” so diligent and careful he is, that we should be slaves, if not to him, yet to his posterity, and fain would leave us the legacy of another war about it. But the parliament have done well to remove that question: whom, as his manner is to dignify with Edition: current; Page: [488] some good name or other, he calls now a “many-headed hydra of government, full of factious distractions, and not more eyes than mouths.” Yet surely not more mouths, or not so wide, as the dissolute rabble of all his courtiers had, both hees and shees, if there were any males among them.
He would prove, that to govern by parliament hath “a monstrosity rather than perfection;” and grounds his argument upon two or three eminent absurdities: first, by placing counsel in the senses; next, by turning the senses out of the head, and in lieu thereof placing power supreme above sense and reason: which be now the greater monstrosities? Further to dispute what kind of government is best would be a long debate; it sufficeth that his reasons here for monarchy are found weak and inconsiderable.
He bodes much “horror and bad influence after his eclipse.” He speaks his wishes; but they who by weighing prudently things past foresee things to come, the best divination, may hope rather all good success and happiness, by removing that darkness, which the misty cloud of his prerogative made between us and a peaceful reformation, which is our true sun-light, and not he, though he would be taken for our sun itself. And wherefore should we not hope to be governed more happily without a king, whenas all our misery and trouble hath been either by a king, or by our necessary vindication and defence against him?
He would be thought “enforced to perjury,” by having granted the militia, by which his oath bound him to protect the people. If he can be perjured in granting that, why doth he refuse for no other cause the abolishing of episcopacy? But never was any oath so blind as to swear him to protect delinquents against justice, but to protect all the people in that order, and by those hands which the parliament should advise him to, and the protected confide in; not under the show of protection to hold a violent and incommunicable sword over us, as ready to be let fall upon our own necks, as upon our enemies; nor to make our own hands and weapons fight against our own liberties.
By his parting with the militia he takes to himself much praise of his “assurance in God’s protection;” and to the parliament imputes the fear “of not daring to adventure the injustice of their actions upon any other way of safety.” But wherefore came not this assurance of God’s protection to him till the militia was wrung out of his hands? It should seem by his holding it so fast, that his own actions and intentions had no less of injustice in them, than what he charges upon others, whom he terms Chaldeans, Sabeans, and the devil himself. But Job used no such militia against those enemies, nor such a magazine as was at Hull, which this king so contended for, and made war upon us, that he might have wherewithal to make war against us.
He concludes, that, “although they take all from him, yet can they not obstruct his way to heaven.” It was no handsome occasion, by feigning obstructions where they are not, to tell us whither he was going: he should have shut the door, and prayed in secret, not here in the high street. Private prayers in public ask something of whom they ask not, and that shall be their reward.
XI.: Upon the Nineteen Propositions, &c.
Of the nineteen propositions he names none in particular, neither shall the answer: But he insists upon the old plea of “his conscience, honour, Edition: current; Page: [489] and reason;” using the plausibility of large and indefinite words, to defend himself at such a distance as may hinder the eye of common judgment from all distinct view and examination of his reasoning. “He would buy the peace of his people at any rate, save only the parting with his conscience and honour.” Yet shows not how it can happen that the peace of a people, if otherwise to be bought at any rate, should be inconsistent or at variance with the conscience and honour of a king. Till then, we may receive it for a better sentence, that nothing should be more agreeable to the conscience and honour of a king, than to preserve his subjects in peace; especially from civil war.
And which of the propositions were “obtruded on him with the point of the sword,” till he first with the point of the sword thrust from him both the propositions and the propounders? He never reckons those violent and merciless obtrusions, which for almost twenty years he had been forcing upon tender consciences by all sorts of persecution, till through the multitude of them that were to suffer, it could no more be called a persecution, but a plain war. From which when first the Scots, then the English, were constrained to defend themselves, this their just defence is that which he calls here, “their making war upon his soul.”
He grudges that “so many things are required of him, and nothing offered him in requital of those favours which he had granted.” What could satiate the desires of this man, who being king of England, and master of almost two millions yearly what by hook or crook, was still in want; and those acts of justice which he was to do in duty, counts done as favours; and such favours as were not done without the avaricious hope of other rewards besides supreme honour, and the constant revenue of his place?
“This honour,” he saith, “they did him, to put him on the giving part.” And spake truer than he intended, it being merely for honour’s sake that they did so; not that it belonged to him of right: for what can he give to a parliament, who receives all he hath from the people, and for the people’s good? Yet now he brings his own conditional rights to contest and be preferred before the people’s good; and yet unless it be in order to their good, he hath no rights at all; reigning by the laws of the land, not by his own; which laws are in the hands of parliament to change or abrogate as they shall see best for the commonwealth, even to the taking away of kingship itself, when it grows too masterful and burdensome. For every commonwealth is in general defined, a society sufficient of itself, in all things conducible to well-being and commodious life. Any of which requisite things, if it cannot have without the gift and favour of a single person, or without leave of his private reason or his conscience, it cannot be thought sufficient of itself, and by consequence no commonwealth, nor free; but a multitude of vassals in the possession and domain of one absolute lord, and wholly obnoxious to his will. If the king have power to give or deny any thing to his parliament, he must do it either as a person several from them, or as one greater: neither of which will be allowed him: not to be considered severally from them; for as the king of England can do no wrong, so neither can he do right but in his courts and by his courts; and what is legally done in them, shall be deemed the king’s assent, though he as a several person shall judge or endeavour the contrary; so that indeed without his courts, or against them, he is no king. If therefore he obtrude upon us any public mischief, or withhold from us any general good, which is wrong in the highest degree, he must do it as a tyrant, not as a king of England, by the known maxims of our law. Neither can he, as one greater, give aught to the parliament which is not in their own power, but he must Edition: current; Page: [490] be greater also than the kingdom which they represent: so that to honour him with the giving part was a mere civility, and may be well termed the courtesy of England, not the king’s due.
But the “incommunicable jewel of his conscience” he will not give, “but reserve to himself.” It seems that his conscience was none of the crown jewels; for those we know were in Holland, not incommunicable, to buy arms against his subjects. Being therefore but a private jewel, he could not have done a greater pleasure to the kingdom, than by reserving it to himself. But he, contrary to what is here professed, would have his conscience not an incommunicable, but a universal conscience, the whole kingdom’s conscience. Thus what he seems to fear lest we should ravish from him, is our chief complaint that he obtruded upon us; we never forced him to part with his conscience, but it was he that would have forced us to part with ours.
Some things he taxes them to have offered him, “which, while he had the mastery of his reason, he would never consent to.” Very likely; but had his reason mastered him as it ought, and not been mastered long ago by his sense and humour, (as the breeding of most kings hath been ever sensual and most humoured,) perhaps he would have made no difficulty. Meanwhile at what a fine pass is the kingdom, that must depend in greatest exigencies upon the fantasy of a king’s reason, be he wise or fool, who arrogantly shall answer all the wisdom of the land, that what they offer seems to him unreasonable!
He prefers his “love of truth” before his love of the people. His love of truth would have led him to the search of truth, and have taught him not to lean so much upon his own understanding. He met at first with doctrines of unaccountable prerogative; in them he rested, because they pleased him; they therefore pleased him because they gave him all; and this he calls his love of truth, and prefers it before the love of his people’s peace.
Some things they proposed, “which would have wounded the inward peace of his conscience.” The more our evil hap, that three kingdoms should be thus pestered with one conscience; who chiefly scrupled to grant us that, which the parliament advised him to, as the chief means of our public welfare and reformation. These scruples to many perhaps will seem pretended; to others, upon as good grounds, may seem real; and that it was the just judgment of God, that he who was so cruel and so remorseless to other men’s consciences, should have a conscience within him as cruel to himself; constraining him, as he constrained others, and ensnaring him in such ways and counsels as were certain to be his destruction.
“Other things though he could approve, yet in honour and policy he thought fit to deny, lest he should seem to dare deny nothing.” By this means he will be sure, what with reason, honour, policy, or punctilios, to be found never unfurnished of a denial; whether it were his envy not to be overbounteous, or that the submissness of our asking stirred up in him a certain pleasure of denying. Good princes have thought it their chief happiness to be always granting; if good things, for the things’ sake; if things indifferent, for the people’s sake; while this man sits calculating variety of excuses how he may grant least; as if his whole strength and royalty were placed in a mere negative.
Of one proposition especially he laments him much, that they would bind him “to a general and implicit consent for whatever they desired.” Which though I find not among the nineteen, yet undoubtedly the oath of his coronation binds him to no less; neither is he at all by his office to interpose Edition: current; Page: [491] against a parliament in the making or not making of any law; but to take that for just and good legally, which is there decreed, and to see it executed accordingly. Nor was he set over us to vie wisdom with his parliament, but to be guided by them; any of whom possibly may as far excel him in the gift of wisdom, as he them in place and dignity. But much nearer is it to impossibility, that any king alone should be wiser than all his council; sure enough it was not he, though no king ever before him so much contended to have it thought so. And if the parliament so thought not, but desired him to follow their advice and deliberation in things of public concernment, he accounts it the same proposition, as if Samson had been moved “to the putting out his eyes, that the Philistines might abuse him.” And thus out of an unwise or pretended fear, lest others should make a scorn of him for yielding to his parliament, he regards not to give cause of worse suspicion, that he made a scorn of his regal oath.
But “to exclude him from all power of denial seems an arrogance;” in the parliament he means: what in him then to deny against the parliament? None at all, by what he argues: for “by petitioning, they confess their inferiority, and that obliges them to rest, if not satisfied, yet quieted with such an answer as the will and reason of their superior thinks fit to give.” First, petitioning, in better English, is no more than requesting or requiring; and men require not favours only, but their due; and that not only from superiors, but from equals, and inferiors also. The noblest Romans, when they stood for that which was a kind of regal honour, the consulship, were wont in a submissive manner to go about, and beg that highest dignity of the meanest plebeians, naming them man by man; which in their tongue was called petitio consulatus. And the parliament of England petitioned the king, not because all of them were inferior to him, but because he was inferior to any one of them, which they did of civil custom, and for fashion’s sake, more than of duty; for by plain law cited before, the parliament is his superior.
But what law in any trial or dispute enjoins a freeman to rest quieted, though not satisfied with the will and reason of his superior! It were a mad law that would subject reason to superiority of place. And if our highest consultations and purposed laws must be terminated by the king’s will, then is the will of one man our law, and no subtlety of dispute can redeem the parliament and nation from being slaves: neither can any tyrant require more than that his will or reason, though not satisfying, should yet be rested in, and determine all things. We may conclude therefore, that when the parliament petitioned the king, it was but merely form, let it be as “foolish and absurd” as he pleases. It cannot certainly be so absurd as what he requires, that the parliament should confine their own and all the kingdom’s reason to the will of one man, because it was his hap to succeed his father. For neither God nor the laws have subjected us to his will, nor set his reason to be our sovereign above law, (which must needs be, if he can strangle it in the birth,) but set his person over us in the sovereign execution of such laws as the parliament establish. The parliament therefore, without any usurpation, hath had it always in their power to limit and confine the exorbitancy of kings, whether they call it their will, their reason, or their conscience.
But this above all was never expected, nor is to be endured, that a king, who is bound by law and oath to follow the advice of his parliament, should be permitted to except against them as “young statesmen,” and proudly to suspend his following their advice, “until his seven years experience had shown him how well they could govern themselves.” Doubtless the Edition: current; Page: [492] law never supposed so great an arrogance could be in one man; that he whose seventeen years unexperience had almost ruined all, should sit another seven years school-master to tutor those who were sent by the whole realm to be his counsellors and teachers. And with what modesty can he pretend to be a statesman himself, who with his father’s king-craft and his own, did never that of his own accord, which was not directly opposite to his professed interest both at home and abroad; discontenting and alienating his subjects at home, weakening and deserting his confederates abroad, and with them the common cause of religion; so that the whole course of his reign, by an example of his own furnishing, hath resembled Phæton more than Phœbus, and forced the parliament to drive like Jehu; which omen taken from his own mouth, God hath not diverted?
And he on the other side might have remembered, that the parliament sit in that body, not as his subjects, but as his superiors, called, not by him, but by the law; not only twice every year, but as oft as great affairs require, to be his counsellors and dictators, though he stomach it; nor to be dissolved at his pleasure, but when all grievances be first removed, all petitions heard and answered. This is not only reason, but the known law of the land.
“When he heard that propositions would be sent him,” he sat conjecturing what they would propound; and because they propounded what he expected not, he takes that to be a warrant for his denying them. But what did he expect? He expected that the parliament would reinforce “some old laws.” But if those laws were not a sufficient remedy to all grievances, nay, were found to be grievances themselves, when did we lose that other part of our freedom to establish new? He thought “some injuries done by himself and others to the commonwealth were to be repaired.” But how could that be, while he the chief offender took upon him to be sole judge both of the injury and the reparation? “He staid till the advantages of his crown considered, might induce him to condescend to the people’s good.” When as the crown itself with all those advantages were therefore given him, that the people’s good should be first considered; not bargained for, and bought by inches with the bribe of more offertures and advantages to his crown. He looked “for moderate desires of due reformation;” as if any such desires could be immoderate. He looked for such a reformation “both in church and state, as might preserve” the roots of every grievance and abuse in both still growing, (which he calls “the foundation and essentials,”) and would have only the excrescences of evil pruned away for the present, as was plotted before, that they might grow fast enough between triennial parliaments, to hinder them by work enough besides from ever striking at the root. He alleges, “They should have had regard to the laws in force, to the wisdom and piety of former parliaments, to the ancient and universal practice of Christian churches.” As if they who come with full authority to redress public grievances, which ofttimes are laws themselves, were to have their hands bound by laws in force, or the supposition of more piety and wisdom in their ancestors, or the practice of churches heretofore; whose fathers, notwithstanding all these pretences, made as vast alterations to free themselves from ancient popery. For all antiquity that adds or varies from the Scripture, is no more warranted to our safe imitation, than what was done the age before at Trent. Nor was there need to have despaired of what could be established in lieu of what was to be annulled, having before his eyes the government of so many churches beyond the seas; whose pregnant and solid reasons wrought so with the parliament, as to desire a uniformity rather with all other protestants, Edition: current; Page: [493] than to be a schism divided from them under a conclave of thirty bishops, and a crew of irreligious priests that gaped for the same preferment.
And whereas he blames those propositions for not containing what they ought, what did they mention, but to vindicate and restore the rights of parliament invaded by cabin councils, the courts of justice obstructed, and the government of the church innovated and corrupted? All these things he might easily have observed in them, which he affirms he could not find; but found “those demanding” in parliament, who were “looked upon before as factious in the state, and schismatical in the church; and demanding not only toleration for themselves in their vanity, novelty, and confusion, but also an extirpation of that government, whose rights they had a mind to invade.” Was this man ever likely to be advised, who with such a prejudice and disesteem sets himself against his chosen and appointed counsellors? likely ever to admit of reformation, who censures all the government of other protestant churches, as bad as any papist could have censured them? And what king had ever his whole kingdom in such contempt, so to wrong and dishonour the free elections of his people, as to judge them, whom the nation thought worthiest to sit with him in parliament, few else but such as were “punishable by the laws?” yet knowing that time was, when to be a protestant, to be a Christian, was by law as punishable as to be a traitor; and that our Saviour himself, coming to reform his church, was accused of an intent to invade Cæsar’s right, as good a right as the prelate bishops ever had; the one being got by force, the other by spiritual usurpation; and both by force upheld.
He admires and falls into an ecstasy, that the parliament should send him such a “horrid proposition,” as the removal of episcopacy. But expect from him in an ecstasy no other reasons of his admiration than the dream and tautology of what he hath so often repeated, law, antiquity, ancestors, prosperity, and the like, which will be therefore not worth a second answer, but may pass with his own comparison into the common sewer of other popish arguments.
“Had the two houses sued out their livery from the wardship of tumults,” he could sooner have believed them. It concerned them first to sue out their livery from the unjust wardship of his encroaching prerogative. And had he also redeemed his overdated minority from a pupilage under bishops, he would much less have mistrusted his parliament; and never would have set so base a character upon them, as to count them no better than the vassals of certain nameless men, whom he charges to be such as “hunt after faction with their hounds the tumults.” And yet the bishops could have told him, that Nimrod, the first that hunted after faction, is reputed by ancient tradition the first that founded monarchy; whence it appears, that to hunt after faction is more properly the king’s game; and those hounds, which he calls the vulgar, have been often hallooed to from court, of whom the mongrel sort have been enticed; the rest have not lost their scent, but understood aright, that the parliament had that part to act, which he had failed in; that trust to discharge, which he had broken; that estate and honour to preserve, which was far beyond his, the estate and honour of the commonwealth, which he had embezzled.
Yet so far doth self opinion or false principles delude and transport him, as to think “the concurrence of his reason” to the votes of parliament, not only political, but natural, “and as necessary to the begetting,” or bringing forth of any one “complete act of public wisdom as the sun’s influence is necessary to all nature’s productions.” So that the parliament, it seems, Edition: current; Page: [494] is but a female, and without his procreative reason, the laws which they can produce are but wind-eggs: wisdom, it seems, to a king is natural, to a parliament not natural, but by conjunction with the king; yet he professes to hold his kingly right by law; and if no law could be made but by the great council of a nation, which we now term a parliament, then certainly it was a parliament that first created kings; and not only made laws before a king was in being, but those laws especially whereby he holds his crown. He ought then to have so thought of a parliament, if he count it not male, as of his mother, which to civil being created both him and the royalty he wore. And if it hath been anciently interpreted the presaging sign of a future tyrant, but to dream of copulation with his mother, what can it be less than actual tyranny to affirm waking, that the parliament, which is his mother, can neither conceive or bring forth “any authoritative act” without his masculine coition? Nay, that his reason is as celestial and life-giving to the parliament, as the sun’s influence is to the earth: what other notions but these, or such like, could swell up Caligula to think himself a god?
But to be rid of these mortifying propositions, he leaves no tyrannical evasion unessayed; first, “that they are not the joint and free desires of both houses, or the major part;” next, “that the choice of many members was carried on by faction.” The former of these is already discovered to be an old device put first in practice by Charles the Fifth, since the reformation: who when the protestants of Germany for their own defence joined themselves in league, in his declarations and remonstrances laid the fault only upon some few, (for it was dangerous to take notice of too many enemies,) and accused them, that under colour of religion they had a purpose to invade his and the church’s right; by which policy he deceived many of the German cities, and kept them divided from that league, until they saw themselves brought into a snare. That other cavil against the people’s choice puts us in mind rather what the court was wont to do, and how to tamper with elections: neither was there at that time any faction more potent, or more likely to do such a business, than they themselves who complain most.
But “he must chew such morsels as propositions, ere he let them down.” So let him; but if the kingdom shall taste nothing but after his chewing, what does he make of the kingdom but a great baby? “The straightness of his conscience will not give him leave to swallow down such camels of sacrilege and injustice as others do.” This is the Pharisee up and down, “I am not as other men are.” But what camels of injustice he could devour, all his three realms were witness, which was the cause that they almost perished for want of parliaments. And he that will be unjust to man, will be sacrilegious to God; and to bereave a Christian conscious of liberty for no other reason than the narrowness of his own conscience, is the most unjust measure to man, and the worst sacrilege to God. That other, which he calls sacrilege, of taking from the clergy that superfluous wealth, which antiquity as old as Constantine, from the credit of a divine vision, counted “poison in the church,” hath been ever most opposed by men, whose righteousness in other matters hath been least observed. He concludes, as his manner is, with high commendation of his own “unbiassed rectitude,” and believes nothing to be in them that dissent from him, but faction, innovation, and particular designs. Of these repetitions I find no end, no not in his prayer; which being founded upon deceitful principles, and a fond hope that God will bless him in those errors, which he calls “honest,” finds a fit answer of St. James, “Ye ask and receive not, because Edition: current; Page: [495] ye ask amiss.” As for the truth and sincerity, which he prays may be always found in those his declarations to the people, the contrariety of his own actions will bear eternal witness, how little careful or solicitous he was, what he promised or what he uttered there.
XII.: Upon the Rebellion in Ireland.
The rebellion and horrid massacre of English protestants in Ireland, to the number of 154,000 in the province of Ulster only, by their own computation; which added to the other three, makes up the total sum of that slaughter in all likelihood four times as great; although so sudden and so violent, as at first to amaze all men that were not accessary; yet from whom and from what counsels it first sprung, neither was nor could be possibly so secret, as the contrivers thereof, blinded with vain hope, or the despair that other plots would succeed, supposed. For it cannot be imaginable, that the Irish, guided by so many subtle and Italian heads of the Romish party, should so far have lost the use of reason, and indeed of common sense, as not supported with other strength than their own, to begin a war so desperate and irreconcilable against both England and Scotland at once. All other nations, from whom they could expect aid, were busied to the utmost in their own most necessary concernments. It remains then that either some authority, or some great assistance promised them from England, was that whereon they chiefly trusted. And as it is not difficult to discern from what inducing cause this insurrection first arose, so neither was it hard at first to have applied some effectual remedy, though not prevention. And yet prevention was not hopeless, when Strafford either believed not, or did not care to believe, the several warnings and discoveries thereof, which more than once by papists and by friars themselves were brought him; besides what was brought by deposition, divers months before that rebellion, to the archbishop of Canterbury and others of the king’s council; as the declaration of “no addresses” declares. But the assurance which they had in private, that no remedy should be applied, was, it seems, one of the chief reasons that drew on their undertaking. And long it was before that assurance failed them; until the bishops and popish lords, who, while they sat and voted, still opposed the sending aid to Ireland, were expelled the house.
Seeing then the main excitement and authority for this rebellion must be needs derived from England, it will be next inquired, who was the prime author. The king here denounces a malediction temporal and eternal, not simply to the author, but to the “malicious author” of this bloodshed: and by that limitation may exempt, not himself only, but perhaps the Irish rebels themselves, who never will confess to God or man that any blood was shed by them maliciously; but either in the catholic cause, or common liberty, or some other specious plea, which the conscience from grounds both good and evil usually suggests to itself: thereby thinking to elude the direct force of that imputation, which lies upon them.
Yet he acknowledges, “it fell out as a most unhappy advantage of some men’s malice against him:” but indeed of most men’s just suspicion, by finding in it no such wide departure or disagreement from the scope of his former counsels and proceedings. And that he himself was the author of that rebellion, he denies both here and elsewhere, with many imprecations, but no solid evidence: What on the other side against his denial hath been Edition: current; Page: [496] affirmed in three kingdoms, being here briefly set in view, the reader may so judge as he finds cause.
This is most certain, that the king was ever friendly to the Irish papists, and in his third year, against the plain advice of parliament, like a kind of pope, sold them many indulgences for money; and upon all occasions advancing the popish party, and negotiating underhand by priests, who were made his agents, engaged the Irish papists in a war against the Scots protestants. To that end he furnished them, and had them trained in, arms, and kept them up, either openly or underhand, the only army in his three kingdoms, till the very burst of that rebellion. The summer before that dismal October, a committee of most active papists, all since in the head of that rebellion, were in great favour at Whitehall; and admitted to many private consultations with the king and queen. And to make it evident that no mean matters were the subject of those conferences, at their request he gave away his peculiar right to more than five Irish counties, for the payment of an inconsiderable rent. They departed not home till within two months before the rebellion; and were either from the first breaking out, or soon after, found to be the chief rebels themselves. But what should move the king besides his own inclination to popery, and the prevalence of his queen over him, to hold such frequent and close meetings with a committee of Irish papists in his own house, while the parliament of England sat unadvised with, is declared by a Scots author, and of itself is clear enough. The parliament at the beginning of that summer, having put Strafford to death, imprisoned others his chief favourites, and driven the rest to fly; the king, who had in vain tempted both the Scots and the English army to come up against the parliament and city, finding no compliance answerable to his hope from the protestant armies, betakes himself last to the Irish; who had in readiness an army of eight thousand papists, which he had refused so often to disband, and a committee here of the same religion. With them, who thought the time now come, (which to bring about they had been many years before not wishing only, but with much industry complotting, to do some eminent service for the church of Rome and their own perfidious natures, against a puritan parliament and the hated English their masters,) he agrees and concludes, that so soon as both armies in England were disbanded, the Irish should appear in arms, master all the protestants, and help the king against his parliament. And we need not doubt, that those five counties were given to the Irish for other reason than the four northern counties had been a little before offered to the Scots. The king, in August, takes a journey into Scotland; and overtaking the Scots army then on their way home, attempts the second time to pervert them, but without success. No sooner come into Scotland, but he lays a plot, so saith the Scots author, to remove out of the way such of the nobility there as were most likely to withstand, or not to further his designs. This being discovered, he sends from his side one Dillon, a papist lord, soon after a chief rebel, with letters into Ireland; and dispatches a commission under the great seal of Scotland, at that time in his own custody, commanding that they should forthwith, as had been formerly agreed, cause all the Irish to rise in arms. Who no sooner had received such command, but obeyed, and began in massacre; for they knew no other way to make sure the protestants, which was commanded them expressly; and the way, it seems, left to their discretion. He who hath a mind to read the commission itself, and sound reason added why it was not likely to be forged, besides the attestation of so many Irish themselves, may have recourse to a book, entitled, “The Mystery of Iniquity.” Besides Edition: current; Page: [497] what the parliament itself in the declaration of “no more addresses” hath affirmed, that they have one copy of that commission in their own hands, attested by the oaths of some that were eye-witnesses, and had seen it under the seal: others of the principal rebels have confessed, that this commission was the summer before promised at London to the Irish commissioners; to whom the king then discovered in plain words his great desire to be revenged on the parliament of England.
After the rebellion broke out, which in words only he detested but underhand favoured and promoted by all the offices of friendship, correspondence, and what possible aid he could afford them, the particulars whereof are too many to be inserted here; I suppose no understanding man could longer doubt who was “author or instigator” of that rebellion. If there be who yet doubt, I refer them especially to that declaration of July 1643, with that of “no addresses” 1647, and another full volume of examinations to be set out speedily concerning this matter. Against all which testimonies, likelihoods, evidences, and apparent actions of his own, being so abundant, his bare denial, though with imprecation, can no way countervail; and least of all in his own cause.
As for the commission granted them, he thinks to evade that by retorting, that “some in England fight against him, and yet pretend his authority.” But though a parliament by the known laws may affirm justly to have the king’s authority, inseparable from that court, though divided from his person, it is not credible that the Irish rebels, who so much tendered his person above his authority, and were by him so well received at Oxford, would be so far from all humanity, as to slander him with a particular commission, signed and sent them by his own hand.
And of his good affection to the rebels this chapter itself is not without witness. He holds them less in fault than the Scots, as from whom they might allege to have fetched “their imitation;” making no difference between men that rose necessarily to defend themselves which no protestant doctrine ever disallowed, against them who threatened war and those who began a voluntary and causeless rebellion, with the massacre of so many thousands, who never meant them harm.
He falls next to flashes, and a multitude of words, in all which is contained no more than what might be the plea of any guiltiest offender: He was not the author, because “he hath the greatest share of loss and dishonour by what is committed.” Who is there that offends God or his neighbour, on whom the greatest share of loss and dishonour lights not in the end? But in the act of doing evil, men use not to consider the event of these evil doings; or if they do, have then no power to curb the sway of their own wickedness: so that the greatest share of loss and dishonour to happen upon themselves, is no argument that they were not guilty. This other is as weak, that “a king’s interest, above that of any other man, lies chiefly in the common welfare of his subjects;” therefore no king will do aught against the common welfare. For by this evasion any tyrant might as well purge himself from the guilt of raising troubles or commotions among the people, because undoubtedly his chief interest lies in their sitting still.
I said but now, that even this chapter, if nothing else, might suffice to discover his good affection to the rebels, which in this that follows too notoriously appears; imputing this insurrection to “the preposterous rigour, and unreasonable severity, the covetuous zeal and uncharitable fury of some men;” (these “some men,” by his continual paraphrase, are meant the parliament;) and, lastly, “to the fear of utter extirpation.” If the whole Irishry Edition: current; Page: [498] of rebels had feed some advocate to speak partially and sophistically in their defence, he could have hardly dazzled better; yet nevertheless would have proved himself no other than a plausible deceiver. And, perhaps (nay more than perhaps, for it is affirmed and extant under good evidence, that) those feigned terrors and jealousies were either by the king himself, or the popish priests which were sent by him, put into the head of that inquisitive people, on set purpose to engage them. For who had power “to oppress” them, or to relieve them being oppressed, but the king, or his immediate deputy? This rather should have made them rise against the king, than against the parliament. Who threatened or ever thought of their extirpation, till they themselves had begun it to the English? As for “preposterous rigour, covetous zeal, and uncharitable fury,” they had more reason to suspect those evils first from his own commands, whom they saw using daily no greater argument to prove the truth of his religion than by enduring no other but his own Prelatical; and, to force it upon others, made episcopal, ceremonial, and common-prayer book wars. But the papists understood him better than by the outside; and knew that those wars were their wars. Although if the commonwealth should be afraid to suppress open idolatry, lest the papists thereupon should grow desperate, this were to let them grow and become our persecutors, while we neglected what we might have done evangelically to be their reformers: or to do as his father James did, who instead of taking heart and putting confidence in God by such a deliverance as from the powder-plot, though it went not off, yet with the mere conceit of it, as some observe, was hit into such a hectic trembling* between protestant and papist all his life after, that he never durst from that time do otherwise than equivocate or collogue with the pope and his adherents.
He would be thought to commiserate the sad effects of that rebellion, and to lament that “the tears and blood spilt there did not quench the sparks of our civil” discord here. But who began these dissensions? and what can be more openly known than those retardings and delays, which by himself were continually devised, to hinder and put back the relief of those distressed protestants? which undoubtedly, had it not been then put back, might have saved many streams of those tears and that blood, whereof he seems here so sadly to bewail the spilling. His manifold excuses, diversions, and delays, are too well known to be recited here in particular, and too many.
But “he offered to go himself in person upon that expedition,” and reckons up many surmises why he thinks they would not suffer him. But mentions not that by his underdealing to debauch armies here at home, and by his secret intercourse with the chief rebels, long ere that time every where known, he had brought the parliament into so just a diffidence of him, as that they durst not leave the public arms to his disposal, much less an army to his conduct.
He concludes, “That next the sin of those who began that rebellion, theirs must needs be who hindered the suppressing, or diverted the aids.” But judgment rashly given, ofttimes involves the judge himself. He finds fault with those “who threatened all extremity to the rebels,” and pleads much that mercy should be shown them. It seems he found himself not so much concerned as those who had lost fathers, brothers, wives, and children by their cruelty; whom in justice to retaliate is not, as he supposes, “unevangelical;” so long as magistracy and war are not laid down under the Edition: current; Page: [499] gospel. If this his sermon of affected mercy were not too pharisaical, how could he permit himself to cause the slaughter of so many thousands here in England for mere prerogatives, the toys and gewgaws of his crown, for copes and surplices, the trinkets of his priests; and not perceive his own zeal, while he taxes others, to be most preposterous and unevangelical? Neither is there the same cause to destroy a whole city for the ravishing of a sister, not done out of villainy, and recompense offered by marriage; nor the same cause for those disciples to summon fire from heaven upon the whole city where they were denied lodging; and for a nation by just war and execution to slay whole families of them, who so barbarously had slain whole families before. Did not all Israel do as much against the Benjamites for one rape committed by a few, and defended by the whole tribe? and did they not the same to Jabesh-Gilead for not assisting them in that revenge? I speak not this that such measure should be meted rigorously to all the Irish, or as remembering that the parliament ever so decreed; but to show that this his homily hath more craft and affectation in it, than of sound doctrine.
But it was happy that his going into Ireland was not consented to; for either he had certainly turned his raised forces against the parliament itself, or not gone at all; or had he gone, what work he would have made there, his own following words declare.
“He would have punished some;” no question; for some, perhaps, who were of least use, must of necessity have been sacrificed to his reputation, and the convenience of his affairs. Others he “would have disarmed;” that is to say in his own time: but “all of them he would have protected from the fury of those that would have drowned them, if they had refused to swim down the popular stream.” These expressions are too often met, and too well understood, for any man to doubt his meaning. By the “fury of those,” he means no other than the justice of parliament, to whom yet he had committed the whole business. Those who would have refused to swim down the popular stream, our constant key tells us to be papists, prelates, and their faction; these, by his own confession here, he would have protected against his puritan parliament: and by this who sees not that he and the Irish rebels had but one aim, one and the same drift, and would have forthwith joined in one body against us?
He goes on still in his tenderness of the Irish rebels, fearing lest “our zeal should be more greedy to kill the bear for his skin, than for any harm he hath done.” This either justifies the rebels to have done no harm at all, or infers his opinion that the parliament is more bloody and rapacious in the prosecution of their justice, than those rebels were in the execution of their barbarous cruelty. Let men doubt now and dispute to whom the king was a friend most—to his English parliament, or to his Irish rebels.
With whom, that we may yet see further how much he was their friend, after that the parliament had brought them every where either to famine or a low condition, he, to give them all the respite and advantages they could desire, without advice of parliament, to whom he himself had committed the managing of that war, makes a cessation; in pretence to relieve the protestants, “overborne there with numbers;” but, as the event proved, to support the papists, by diverting and drawing over the English army there, to his own service here against the parliament. For that the protestants were then on the winning hand, it must needs be plain; who notwithstanding the miss of those forces, which at their landing here mastered without difficulty great part of Wales and Cheshire, yet made a shift to keep their own in Ireland. But the plot of this Irish truce is in good part discovered Edition: current; Page: [500] in that declaration of September 30, 1643. And if the protestants were but handfuls there, as he calls them, why did he stop and waylay, both by land and sea, to his utmost power, those provisions and supplies which were sent by the parliament? How were so many handfuls called over, as for a while stood him in no small stead, and against our main forces here in England?
Since therefore all the reasons that can be given of this cessation appear so false and frivolous, it may be justly feared, that the design itself was most wicked and pernicious. What remains then? He “appeals to God,” and is cast; likening his punishment to Job’s trials, before he saw them to have Job’s ending. But how could charity herself believe there was at all in him any religion, so much as but to fear there is a God; whenas, by what is noted in the declaration of “no more addresses,” he vowed solemnly to to the parliament, with imprecations upon himself and his posterity, if ever he consented to the abolishing of those laws which were in force against papists; and, at the same time, as appeared plainly by the very date of his own letters to the queen and Ormond, consented to the abolishing of all penal laws against them both in Ireland and England? If these were acts of a religious prince what memory of man, written or unwritten, can tell us news of any prince that ever was irreligious? He cannot stand “to make prolix apologies.” Then surely those long pamphlets set out for declarations and protestations in his name were none of his; and how they should be his, indeed, being so repugnant to the whole course of his actions augments the difficulty.
But he usurps a common saying, “That it is kingly to do well, and hear ill.” That may be sometimes true: but far more frequently to do ill and hear well; so great is the multitude of flatterers, and them that deify the name of king!
Yet, not content with these neighbours, we have him still a perpetual preacher of his own virtues, and of that especially, which who knows not to be patience perforce?
He “believes it will at last appear, that they who first began to embroil his other kingdoms, are also guilty of the blood of Ireland.” And we believe so too; for now the cessation is become a peace by published articles, and commission to bring them over against England, first only ten thousand by the earl of Glamorgan,* next all of them, if possible, under Ormond, which was the last of all his transactions done as a public person. And no wonder; for he looked upon the blood spilt, whether of subjects or of rebels, with an indifferent eye, “as exhausted out of his own veins;” without distinguishing, as he ought, which was good blood and which corrupt; the not letting out whereof endangers the whole body.
And what the doctrine is, ye may perceive also by the prayer, which, after a short ejaculation for the “poor protestants,” prays at large for the Irish rebels, that God would not give them over, or “their children, to the covetousness, cruelty, fierce and cursed anger” of the parliament.
He finishes with a deliberate and solemn curse “upon himself and his father’s house.” Which how far God hath already brought to pass, is to the end, that men, by so eminent an example, should learn to tremble at his judgments, and not play with imprecations.
XIII.: Upon the calling in of the Scots, and their coming.
It must needs seem strange, where men accustom themselves to ponder and contemplate things in their first original and institution, that kings, who as all other officers of the public, were at first chosen and installed only by consent and suffrage of the people, to govern them as freemen by laws of their own making, and to be, in consideration of that dignity and riches bestowed upon them, the entrusted servants of the commonwealth, should, notwithstanding, grow up to that dishonest encroachment, as to esteem themselves masters, both of that great trust which they serve, and of the people that betrusted them; counting what they ought to do, both in discharge of their public duty, and for the great reward of honour and revenue which they receive, as done all of mere grace and favour; as if their power over us were by nature, and from themselves, or that God had sold us into their hands. Indeed, if the race of kings were eminently the best of men, as the breed at Tutbury is of horses, it would in reason then be their part only to command, ours always to obey. But kings by generation no way excelling others, and most commonly not being the wisest or the worthiest by far of whom they claim to have the governing; that we should yield them subjection to our own ruin, or hold of them the right of our common safety, and our natural freedom by mere gift, (as when the conduit pisses wine at coronations,) from the superfluity of their royal grace and beneficence, we may be sure was never the intent of God, whose ways are just and equal; never the intent of nature, whose works are also regular; never of any people not wholly barbarous, whom prudence, or no more but human sense, would have better guided when they first created kings, than so to nullify and tread to dirt the rest of mankind, by exalting one person and his lineage without other merit looked after, but the mere contingency of a begetting, into an absolute and unaccountable dominion over them and their posterity. Yet this ignorant or wilful mistake of the whole matter had taken so deep root in the imagination of this king, that whether to the English or to the Scot, mentioning what acts of his regal office (though God knows how unwillingly) he had passed, he calls them, as in other places, acts of grace and bounty; so here “special obligations, favours, to gratify active spirits, and the desires of that party.” Words not only sounding pride and lordly usurpation, but injustice, partiality, and corruption. For to the Irish he so far condescended, as first to tolerate in private, then to covenant openly the tolerating of popery: so far to the Scot, as to remove bishops, establish presbytery, and the militia in their own hands; “preferring, as some thought, the desires of Scotland before his own interest and honour.” But being once on this side Tweed, his reason, his conscience, and his honour became so frightened with a kind of false virginity, that to the English neither one nor other of the same demands could be granted, wherewith the Scots were gratified; as if our air and climate on a sudden had changed the property and the nature both of conscience, honour, and reason, or that he found none so fit as English to be the subjects of his arbitrary power. Ireland was as Ephraim, the strength of his head; Scotland as Judah, was his lawgiver; but over England as over Edom, he meant to cast his shoe: and yet so many sober Englishmen, not sufficiently awake to consider this, like men enchanted with the Circæan cup of servitude, will not be held back from running their own heads into the yoke of bondage.
Edition: current; Page: [502]The sum of his discourse is against “settling of religion by violent means;” which, whether it were the Scots’ design upon England, they are best able to clear themselves. But this of all may seem strangest, that the king, who, while it was permitted him, never did thing more eagerly than to molest and persecute the consciences of most religious men; he who had made a war, and lost all, rather than not uphold a hierarchy of persecuting bishops, should have the confidence here to profess himself so much an enemy of those that force the conscience. For was it not he, who upon the English obtruded new ceremonies, upon the Scots a new Liturgy, and with his sword went about to engrave* a bloody Rubric on their backs? Did he not forbid and hinder all effectual search of truth; nay, like a besieging enemy, stopped all her passages both by word and writing? Yet here can talk of “fair and equal disputations:” where, notwithstanding, if all submit not to his judgment, as not being “rationally convicted,” they must submit (and he conceals it not) to his penalty, as counted obstinate. But what if he himself, and those his learned churchmen, were the convicted or the obstinate part long ago; should reformation suffer them to sit lording over the church in their fat bishoprics and pluralities, like the great whore that sitteth upon many waters, till they would vouchsafe to be disputed out? Or should we sit disputing, while they sat plotting and persecuting? Those clergymen were not “to be driven into the fold like sheep,” as his simile runs, but to be driven out of the fold like wolves or thieves, where they sat fleecing those flocks which they never fed.
He believes “that presbytery, though proved to be the only institution of Jesus Christ, were not by the sword to be set up without his consent;” which is contrary both to the doctrine and the known practice of all protestant churches, if his sword threaten those who of their own accord embrace it.
And although Christ and his apostles, being to civil affairs but private men, contended not with magistrates; yet when magistrates themselves, and especially parliaments, who have greatest right to dispose of the civil sword, come to know religion, they ought in conscience to defend all those who receive it willingly, against the violence of any king or tyrant whatsoever. Neither is it therefore true, “that Christianity is planted or watered with Christian blood:” for there is a large difference between forcing men by the sword to turn presbyterians, and defending those who willingly are so, from a furious inroad of bloody bishops, armed with the militia of a king their pupil. And if “covetousness and ambition be an argument that presbytery hath not much of Christ,” it argues more strongly against episcopacy; which, from the time of her first mounting to an order above the presbyters, had no other parents than covetousness and ambition. And those sects, schisms, and heresies, which he speaks of, “if they get but strength and numbers,” need no other pattern than episcopacy and himself, to “set up their ways by the like method of violence.” Nor is there any thing that hath more marks of schism and sectarism than English episcopacy; whether we look at apostolic times, or at reformed churches; for “the universal way of church-government before,” may as soon lead us into gross error, as their universally corrupted doctrine. And government, by reason of ambition, was likeliest to be corrupted much the sooner of the two. However, nothing can be to us catholic or universal in religion, but what the Scripture teaches; whatsoever without Scripture pleads to be universal in the church, in being universal is but the more schismatical. Much Edition: current; Page: [503] less can particular laws and constitutions impart to the church of England any power of consistory or tribunal above other churches, to be the sole judge of what is sect or schism, as with much rigour, and without Scripture, they took upon them. Yet these the king resolves here to defend and maintain to his last, pretending, after all those conferences offered, or had with him, “not to see more rational and religious motives than soldiers carry in their knapsacks.” With one thus resolved, it was but folly to stand disputing.
He imagines his “own judicious zeal to be most concerned in his tuition of the church.” So thought Saul when he presumed to offer sacrifice, for which he lost his kingdom; so thought Uzziah when he went into the temple, but was thrust out with a leprosy for his opinioned zeal, which he thought judicious. It is not the part of a king, because he ought to defend the church, therefore to set himself supreme head over the church, or to meddle with ecclesial government, or to defend the church, otherwise than the church would be defended; for such defence is bondage: nor to defend abuses and stop all reformation, under the name of “new moulds fancied and fashioned to private designs.” The holy things of church are in the power of other keys than were delivered to his keeping. Christian liberty, purchased with the death of our Redeemer, and established by the sending of his free spirit to inhabit in us, is not now to depend upon the doubtful consent of any earthly monarch; nor to be again fettered with a presumptuous negative voice, tyrannical to the parliament, but much more tyrannical to the church of God; which was compelled to implore the aid of parliament, to remove his force and heavy hands from off our consciences, who therefore complains now of that most just defensive force, because only it removed his violence and persecution. If this be a violation to his conscience, that it was hindered by the parliament from violating the more tender consciences of so many thousand good Christians, let the usurping conscience of all tyrants be ever so violated!
He wonders, fox wonder! how we could so much “distrust God’s assistance,” as to call in the protestant aid of our brethren in Scotland; why then did he, if his trust were in God and the justice of his cause, not scruple to solicit and invite earnestly the assistance both of papists and of Irish rebels? If the Scots were by us at length sent home, they were not called to stay here always; neither was it for the people’s ease to feed so many legions longer than their help was needful.
“The government of their kirk we despised” not, but their imposing of that government upon us; not presbytery, but archpresbytery, classical, provincial, and diocesan presbytery, claiming to itself a lordly power and superintendency both over flocks and pastors, over persons and congregations no way their own. But these debates, in his judgment, would have been ended better “by the best divines in Christendom in a full and free synod.” A most improbable way, and such as never yet was used, at least with good success, by any protestant kingdom or state since the reformation: every true church having wherewithal from Heaven, and the assisting spirit of Christ implored, to be complete and perfect within itself. And the whole nation is not easily to be thought so raw, and so perpetually a novice, after all this light, as to need the help and direction of other nations, more than what they write in public of their opinion, in a matter so familiar as church-government.
In fine, he accuses piety with the want of loyalty, and religion with the breach of allegiance, as if God and he were one master, whose commands were so often contrary to the commands of God. He would persuade the Edition: current; Page: [504] Scots, that their “chief interest consists in their fidelity to the crown.” But true policy will teach them, to find a safer interest in the common friendship of England, than in the ruins of one ejected family.
XIV.: Upon the Covenant.
Upon this theme his discourse is long, his matter little but repetition, and therefore soon answered. First, after an abusive and strange apprehension of covenants, as if men “pawned their souls” to them with whom they covenant, he digresses to plead for bishops; first from the antiquity of their “possession here, since the first plantation of Christianity in this island;” next from “a universal prescription since the apostles, till this last century.” But what avails the most primitive antiquity against the plain sense of Scripture? which, if the last century have best followed, it ought in our esteem to be the first. And yet it hath been often proved by learned men, from the writings and epistles of most ancient Christians, that episcopacy crept not up into an order above the presbyters, till many years after that the apostles were deceased.
He next “is unsatisfied with the covenant,” not only for “some passages in it referring to himself,” as he supposes, “with very dubious and dangerous limitations,” but for binding men “by oath and covenant” to the reformation of church-discipline. First, those limitations were not more dangerous to him, than he to our liberty and religion; next, that which was there vowed, to cast out of the church an antichristian hierarchy which god had not planted, but ambition and corruption had brought in, and fostered to the church’s great damage and oppression, was no point of controversy to be argued without end, but a thing of clear moral necessity to be forthwith done. Neither was the “covenant superfluous, though former engagements, both religious and legal, bound us before;” but was the practice of all churches heretofore intending reformation. All Israel, though bound enough before by the law of Moses “to all necessary duties;” yet with Asa their king entered into a new covenant at the beginning of a reformation: and the Jews, after captivity, without consent demanded of that king who was their master, took solemn oath to walk in the commandments of God. All protestant churches have done the like, notwithstanding former engagements to their several duties. And although his aim were to sow variance between the protestation and the covenant, to reconcile them is not difficult. The protestation was but one step, extending only to the doctrine of the church of England, as it was distinct from church discipline; the covenant went further, as it pleased God to dispense his light and our encouragement by degrees, and comprehended church-government: Former with latter steps, in the progress of well-doing, need not reconcilement. Nevertheless he breaks through to his conclusion, “that all honest and wise men ever thought themselves sufficiently bound by former ties of religion;” leaving Asa, Ezra, and the whole church of God, in sundry ages, to shift for honesty and wisdom from some other than his testimony. And although after-contracts absolve not till the former be made void, yet he first having done that, our duty returns back, which to him was neither moral nor eternal, but conditional.
Willing to persuade himself that many “good men” took the covenant, either unwarily or out of fear, he seems to have bestowed some thoughts how these “good men,” following his advice, may keep the covenant and Edition: current; Page: [505] not keep it. The first evasion is, presuming “that the chief end of covenanting in such men’s intentions was to preserve religion in purity, and the kingdom’s peace.” But the covenant will more truly inform them, that purity of religion and the kingdom’s peace was not then in state to be preserved, but to be restored; and therefore binds them not to a preservation of what was, but to a reformation of what was evil, what was traditional, and dangerous, whether novelty or antiquity, in church or state. To do this, clashes with “no former oath” lawfully sworn either to God or the king, and rightly understood.
In general, he brands all “such confederations by league and covenant, as the common road used in all factious perturbations of state and church.” This kind of language reflects, with the same ignominy, upon all the protestant reformations that have been since Luther; and so indeed doth his whole book, replenished throughout with hardly other words or arguments than papists, and especially popish kings, have used heretofore against their protestant subjects, whom he would persuade to be “every man his own pope, and to absolve himself of those ties,” by the suggestion of false or equivocal interpretations too oft repeated to be now answered.
The parliament, he saith, “made their covenant, like manna, agreeable to every man’s palate.” This is another of his glosses upon the covenant; he is content to let it be manna, but his drift is that men should loath it or at least expound it by their own “relish,” and “latitude of sense;” wherein, lest any one of the simpler sort should fail to be his craftsmaster, he furnishes him with two or three laxative, he terms them “general clauses, which may serve somewhat to relieve them” against the covenant taken: intimating as if “what were lawful and according to the word of God,” were no otherwise so, than as every man fancied to himself. From such learned explications and resolutions as these upon the covenant, what marvel if no royalist or malignant refuse to take it, as having learnt from these princely instructions his many “salvoes, cautions, and reservations,” how to be a covenanter and anticovenanter, how at once to be a Scot, and an Irish rebel.
He returns again to disallow of “that reformation which the covenant” vows, “as being the partial advice of a few divines.” But matters of this moment, as they were not to be decided there by those divines, so neither are they to be determined here by essays and curtal aphorisms, but by solid proofs of Scripture.
The rest of his discourse he spends, highly accusing the parliament, “that the main reformation” by them “intended, was to rob the church,” and much applauding himself both for “his forwardness” to all due reformation, and his averseness from all such kind of sacrilege. All which, with his glorious title of the “Church’s Defender,” we leave him to make good by “Pharaoh’s divinity,” if he please, for to Joseph’s piety it will be a task unsuitable. As for “the parity and poverty of ministers,” which he takes to be so sad of “consequence,” the Scripture reckons them for two special legacies left by our Saviour to his disciples; under which two primitive nurses, for such they were indeed, the church of God more truly flourished than ever after, since the time that imparity and church revenue rushing in, corrupted and belepered all the clergy with a worse infection than Gehazi’s; some one of whose tribe, rather than a king, I should take to be compiler of that unsalted and Simoniacal prayer annexed: although the prayer itself strongly prays against them. For never such holy things as he means were given more to swine, nor the church’s bread more to dogs, than when it fed ambitious, irreligious, and dumb prelates.
XV.: Upon the many Jealousies, &c.
To wipe off jealousies and scandals, the best way had been by clear actions, or till actions could be cleared, by evident reasons; but mere words we are too well acquainted with. Had “his honour and reputation been dearer to him” than the lust of reigning, how could the parliament of either nation have laid so often at his door the breach of words, promises, acts, oaths, and execrations, as they do avowedly in many of their petitions and addresses to him? Thither I remit the reader. And who can believe that whole parliaments, elected by the people from all parts of the land, should meet in one mind and resolution not to advise him, but to conspire against him, in a worse powder-plot than Catesbie’s, “to blow up,” as he terms it, “the people’s affection towards him, and batter down their loyalty by the engines of foul aspersions:” Water-works rather than engines to batter with, yet those aspersions were raised from the foulness of his own actions: whereof to purge himself, he uses no other argument than a general and so often iterated commendation of himself; and thinks that court holy-water hath the virtue of expiation, at least with the silly people; to whom he familiarly imputes sin where none is, to seem liberal of his forgiveness where none is asked or needed.
What ways he hath taken toward the prosperity of his people, which he would seem “so earnestly to desire,” if we do but once call to mind, it will be enough to teach us, looking on the smooth insinuations here, that tyrants are not more flattered by their slaves, than forced to flatter others whom they fear.
For the people’s “tranquillity he would willingly be the Jonah;” but lest he should be taken at his word, pretends to foresee within ken two imaginary “winds” never heard of in the compass, which threaten, if he be cast overboard, “to increase the storm;” but that controversy divine lot hath ended.
“He had rather not rule, than that his people should be ruined:” and yet, above these twenty years, hath been ruining the people about the niceties of his ruling. He is accurate “to put a difference between the plague of malice and the ague of mistakes; the itch of novelty, and the leprosy of disloyalty.” But had he as well known how to distinguish between the venerable gray hairs of ancient religion and the old scurf of superstition, between the wholesome heat of well governing and the feverous rage of tyrannizing, his judgment in state physic had been of more authority.
Much he prophesies, “that the credit of those men, who have cast black scandals on him, shall ere long be quite blasted by the same furnace of popular obloquy, wherein they sought to cast his name and honour.” I believe not that a Romish gilded portraiture gives better oracle than a Babylonish golden image could do, to tell us truly who heated that furnace of obloquy, or who deserves to be thrown in, Nebuchadnezzar or the three kingdoms. It “gave him great cause to suspect his own innocence,” that he was opposed by “so many who professed singular piety.” But this qualm was soon over, and he concluded rather to suspect their religion than his own innocence, affirming that “many with him were both learned and religious above the ordinary size.” But if his great seal, without the parliament, were not sufficient to create lords, his parole must needs be far more unable to create learned and religious men; and who shall authorize his unlearned judgment to point them out?
He guesses that “many well-minded men were by popular preachers Edition: current; Page: [507] urged to oppose him.” But the opposition undoubtedly proceeded and continues from heads far wiser, and spirits of a nobler strain; those priestled Herodians, with their blind guides, are in the ditch already; travelling, as they thought, to Sion, but moored in the Isle of Wight.
He thanks God “for his constancy to the protestant religion both abroad and at home.” Abroad, his letter to the pope; at home, his innovations in the church, will speak his constancy in religion what it was, without further credit to this vain boast.
His “using the assistance of some papists,” as the cause might be, could not hurt his religion; but, in the settling of protestantism, their aid was both unseemly and suspicious, and inferred that the greatest part of protestants were against him and his obtruded settlement.
But this is strange indeed, that he should appear now teaching the parliament what no man, till this was read, thought ever he had learned, “that difference of persuasion in religious matters may fall out where there is the sameness of allegiance and subjection.” If he thought so from the beginning, wherefore was there such compulsion used to the puritans of England, and the whole realm of Scotland, about conforming to a liturgy? Wherefore no bishop, no king? Wherefore episcopacy more agreeable to monarchy, if different persuasions in religion may agree in one duty and allegiance? Thus do court maxims, like court minions, rise or fall as the king pleases.
Not to tax him for want of elegance as a courtier, in writing Oglio for Olla the Spanish word, it might be well affirmed, that there was a greater medley and disproportioning of religions, to mix papists with protestants in a religious cause, than to entertain all those diversified sects, who yet were all protestants, one religion though many opinions.
Neither was it any “shame to protestants,” that he, a declared papist, if his own letter to the pope, not yet renounced, belie him not, found so few protestants of his religion, as enforced him to call in both the counsel and the aid of papists to help establish protestancy, who were led on, not “by the sense of their allegiance,” but by the hope of his apostacy to Rome, from disputing to warring; his own voluntary and first appeal.
His hearkening to evil counsellors, charged upon him so often by the parliament, he puts off as “a device of those men, who were so eager to give him better counsel.” That “those men” were the parliament, and that he ought to have used the counsel of none but those, as a king, is already known. What their civility laid upon evil counsellors, he himself most commonly owned; but the event of those evil counsels, “the enormities, the confusions, the miseries,” he transfers from the guilt of his own civil broils to the just resistance made by parliament; and imputes what miscarriages of his they could not yet remove for his opposing, as if they were some new misdemeanours of their bringing in, and not the inveterate diseases of his own bad government; which, with a disease as bad, he falls again to magnify and commend: and may all those who would be governed by his “retractions and concessions,” rather than by laws of parliament, admire his self-encomiums, and be flattered with that “crown of patience,” to which he cunningly exhorted them, that his monarchical foot might have the setting it upon their heads!
That trust which the parliament faithfully discharged in the asserting of our liberties, he calls “another artifice to withdraw the people from him to their designs.” What piece of justice could they have demanded for the people, which the jealousy of a king might not have miscalled a design to disparage his government, and to ingratiate themselves? To be more just, Edition: current; Page: [508] religious, wise, or magnanimous than the common sort, stirs up in a tyrant both fear and envy; and straight he cries out popularity, which, in his account, is little less than treason. The sum is, they thought to limit or take away the remora of his negative voice, which, like to that little pest at sea, took upon it to arrest and stop the commonwealth steering under full sail to a reformation: they thought to share with him in the militia, both or either of which he could not possibly hold without consent of the people, and not be absolutely a tyrant. He professes “to desire no other liberty than what he envies not his subjects according to law;” yet fought with might and main against his subjects, to have a sole power over them in his hand, both against and beyond law. As for the philosophical liberty which in vain he talks of, we may conclude him very ill trained up in those free notions, who to civil liberty was so injurious.
He calls the conscience “God’s sovereignty;” why, then, doth he contest with God about that supreme title? why did he lay restraints, and force enlargements, upon our consciences in things for which we were to answer God only and the church? God bids us “be subject for conscience sake;” that is, as to a magistrate, and in the laws; not usurping over spiritual things, as Lucifer beyond his sphere. And the same precept bids him likewise, for conscience sake, be subject to the parliament, both his natural and his legal superior.
Finally, having laid the fault of these commotions not upon his own misgovernment, but upon the “ambition of others, the necessity of some men’s fortune, and thirst after novelty,” he bodes himself “much honour and reputation, that, like the sun, shall rise and recover himself to such a splendour, as owls, bats, and such fatal birds shall be unable to bear.” Poets, indeed, used to vapour much after this manner. But to bad kings, who, without cause, expect future glory from their actions, it happens, as to bad poets, who sit and starve themselves with a delusive hope to win immortality by their bad lines. For though men ought not to “speak evil of dignities” which are just, yet nothing hinders us to speak evil, as often as it is the truth, of those who in their dignities do evil. Thus did our Saviour himself, John the Baptist, and Stephen the martyr. And those black veils of his own misdeeds he might be sure would ever keep “his face from shining,” till he could “refute evil speaking with well doing,” which grace he seems here to pray for; and his prayer doubtless as it was prayed, so it was heard. But even his prayer is so ambitious of prerogative, that it dares ask away the prerogative of Christ himself, “To become the headstone of the corner.”
XVI.: Upon the Ordinance against the Common Prayer Book.
What to think of liturgies, both the sense of Scripture, and apostolical practice, would have taught him better, than his human reasonings and conjectures: nevertheless, what weight they have, let us consider. If it “be no news to have all innovations ushered in with the name of reformation,” sure it is less news to have all reformation censured and opposed under the name of innovation, by those who, being exalted in high place above their merit, fear all change, though of things never so ill or so unwisely settled. So hardly can the dotage of those that dwell upon antiquity allow present times any share of godliness or wisdom.
The removing of liturgy he traduces to be done only as a “thing plausible Edition: current; Page: [509] to the people;” whose rejection of it he likens, with small reverence, to the crucifying of our Saviour; next, that it was done “to please those men who gloried in their extemporary vein,” meaning the ministers. For whom it will be best to answer, as was answered for the man born blind, “They are of age, let them speak for themselves;” not how they came blind, but whether it were liturgy that held them tongue-tied.
“For the matter contained in that book,” we need no better witness than King Edward the Sixth, who to the Cornish rebels confesses it was no other than the old mass-book done into English, all but some few words that were expunged. And by this argument, which King Edward so promptly had to use against that irreligious rabble, we may be assured it was the carnal fear of those divines and politicians that modelled the liturgy no farther off from the old mass, lest by too great an alteration they should incense the people, and be destitute of the same shifts to fly to, which they had taught the young king.
“For the manner of using set forms, there is no doubt but that, wholesome” matter and good desires rightly conceived in the heart, wholesome words will follow of themselves. Neither can any true Christian find a reason why liturgy should be at all admitted, a prescription not imposed or practised by those first founders of the church, who alone had that authority: without whose precept or example, how constantly the priest puts on his gown and surplice, so constantly doth his prayer put on a servile yoke of liturgy. This is evident, that they “who use no set forms of prayer,” have words from their affections; while others are to seek affections fit and proportionable to a certain dose of prepared words; which as they are not rigorously forbid to any man’s private infirmity, so to imprison and confine by force, into a pinfold of set words, those two most unimprisonable things, our prayers, and that divine spirit of utterance that moves them, is a tyranny that would have longer hands than those giants who threatened bondage to heaven. What we may do in the same form of words is not so much the question, as whether liturgy may be forced as he forced it. It is true that we “pray to the same God;” must we, therefore, always use the same words? Let us then use but one word, because we pray to one God. “We profess the same truths,” but the liturgy comprehends not all truths: “we read the same Scriptures,” but never read that all those sacred expressions, all benefit and use of Scripture, as to public prayer, should be denied us, except what was barrelled up in a common-prayer book with many mixtures of their own, and, which is worse, without salt. But suppose them savory words and unmixed, suppose them manna itself, yet, if they shall be hearded up and enjoined us, while God every morning rains down new expressions into our hearts; instead of being fit to use, they will be found, like reserved manna, rather to breed worms and stink. “We have the same duties upon us, and feel the same wants;” yet not always the same, nor at all times alike; but with variety of circumstances, which ask variety of words: whereof God hath given us plenty; not to use so copiously upon all other occasions, and so niggardly to him alone in our devotions. As if Christians were now in a worse famine of words fit for prayer, than was of food at the siege of Jerusalem, when perhaps the priests being to remove the shewbread, as was accustomed, were compelled every sabbath day, for want of other loaves, to bring again still the same. If the “Lord’s Prayer” had been the “warrant or the pattern of set liturgies,” as is here affirmed, why was neither that prayer, nor any other set form, ever after used, or so much as mentioned by the apostles, much less commended to our use? Why was their care wanting in a thing so useful to the church? Edition: current; Page: [510] so full of danger and contention to be left undone by them to other men’s penning, of whose authority we could not be so certain? Why was this forgotten by them, who declare that they have revealed to us the whole counsel of God? who, as he left our affections to be guided by his sanctifying spirit, so did he likewise our words to be put into us without our premeditation;* not only those cautious words to be used before Gentiles and tyrants, but much more those filial words, of which we have so frequent use in our access with freedom of speech to the throne of grace. Which to lay aside for other outward dictates of men, were to injure him and his perfect gift, who is the spirit, and the giver of our ability to pray; as if his ministration were incomplete, and that to whom he gave affections, he did not also afford utterance to make his gift of prayer a perfect gift; to them especially, whose office in the church is to pray publicly.
And although the gift were only natural, yet voluntary prayers are less subject to formal and superficial tempers than set forms: for in those, at least for words and matter, he who prays must consult first with his heart, which in likelihood may stir up his affections; in these, having both words and matter ready made to his lips, which is enough to make up the outward act of prayer, his affections grow lazy, and come not up easily at the call of words not their own; the prayer also having less intercourse and sympathy with a heart wherein it was not conceived, saves itself the labour of so long a journey downward, and flying up in haste on the specious wings of formality, if it fall not back again headlong, instead of a prayer which was expected, presents God with a set of stale and empty words.
No doubt but “ostentation and formality” may taint the best duties; we are not therefore to leave duties for no duties, and to turn prayer into a kind of lurry. Cannot unpremeditated babblings be rebuked and restrained in whom we find they are, but the Spirit of God must be forbidden in all men? But it is the custom of bad men and hypocrites, to take advantage at the least abuse of good things, that under that covert they may remove the goodness of those things, rather than the abuse. And how unknowingly, how weakly is the using of set forms attributed here to “constancy,” as if it were constancy in the cuckoo to be always in the same liturgy.
Much less can it be lawful that an Englished mass-book, composed, for ought we know, by men neither learned, nor godly, should justle out, or at any time deprive us the exercise of that heavenly gift, which God by special promise pours out daily upon his church, that is to say, the spirit of prayer. Whereof to help those many infirmities, which he reckons up, “rudeness, impertinency, flatness,” and the like, we have a remedy of God’s finding out, which is not liturgy, but his own free Spirit. Though we know not what to pray as we ought, yet he with sighs unutterable by any words, much less by a stinted liturgy, dwelling in us makes intercession for us, according to the mind and will of God, both in private and in the performance of all ecclesiastical duties. For it is his promise also, that where two or three gathered together in his name shall agree to ask him any thing, it shall be granted; for he is there in the midst of them. If then ancient churches, to remedy the infirmities of prayer, or rather the infections of Arian and Pelagian heresies, neglecting that ordained and promised help of the Spirit, betook them almost four hundred years after Christ to liturgy, (their own invention,) we are not to imitate them; nor to distrust God in the removal of that truant help to our devotion, which by him never Edition: current; Page: [511] was appointed. And what is said of liturgy, is said also of directory, if it be imposed: although to forbid the service-book there be much more reason, as being of itself superstitious, offensive, and indeed, though Englished, yet still the mass-book; and public places ought to be provided of such as need not the help of liturgies or directories continually, but are supported with ministerial gifts answerable to their calling.
Lastly, that the common-prayer book was rejected because it “prayed so oft for him,” he had no reason to object: for what large and laborious prayers were made for him in the pulpits, if he never heard, it is doubtful they were never heard in heaven. We might now have expected, that his own following prayer should add much credit to set forms; but on the contrary we find the same imperfections in it, as in most before, which he lays here upon extemporal. Nor doth he ask of God to be directed whether liturgies be lawful, but presumes, and in a manner would persuade him, that they be so; praying, “that the church and he may never want them.” What could be prayed worse extempore? unless he mean by wanting; that they may never need them.
XVII.: Of the differences in point of Church-Government.
The government of church by bishops hath been so fully proved from the Scriptures to be vicious and usurped, that whether out of piety or policy maintained, it is not much material; for piety grounded upon error can no more justify King Charles, than it did Queen Mary, in the sight of God or man. This however must not be let pass without a serious observation; God having so disposed the author in this chapter as to confess and discover more of mystery and combination between tyranny and false religion, than from any other hand would have been credible. Here we may see the very dark roots of them both turned up, and how they twine and interweave one another in the earth, though above ground shooting up in two several branches. We may have learnt both from sacred history and times of reformation, that the kings of this world have both ever hated and instinctively feared the church of God. Whether it be for that their doctrine seems much to favour two things to them so dreadful, liberty and equality; or because they are the children of that kingdom, which, as ancient prophecies have foretold, shall in the end break to pieces and dissolve all their great power and dominion. And those kings and potentates who have strove most to rid themselves of this fear, by cutting off or suppressing the true church, have drawn upon themselves the occasion of their own ruin, while they thought with most policy to prevent it. Thus Pharaoh, when once he began to fear and wax jealous of the Israelites, lest they should multiply and fight against him, and that his fear stirred him up to afflict and keep them under, as the only remedy of what he feared, soon found that the evil which before slept, came suddenly upon him, by the preposterous way he took to prevent* it. Passing by examples between, and not shutting wilfully our eyes, we may see the like story brought to pass in our own land. This king, more than any before him, except perhaps his father, from his first entrance to the crown, harbouring in his mind a strange fear and suspicion of men most religious, and their doctrine, which in his own language he here acknowledges, terming it “the seditious exorbitancy” Edition: current; Page: [512] of ministers’ tongues, and doubting “lest they,” as he not Christianly expresses it, “should with the keys of heaven let out peace and loyalty from the people’s hearts;” though they never preached or attempted aught that might justly raise in him such thoughts,* he could not rest, or think himself secure, so long as they remained in any of his three kingdoms unrooted out. But outwardly professing the same religion with them, he could not presently use violence as Pharaoh did, and that course had with others before but ill succeeded. He chooses therefore a more mystical way, a newer method of antichristian fraud, to the church more dangerous; and like to Balak the son of Zippor, against a nation of prophets thinks it best to hire other esteemed prophets, and to undermine and wear out the true church by a false ecclesiastical policy. To this drift he found the government of bishops most serviceable; an order in the church, as by men first corrupted, so mutually corrupting them who receive it, both in judgment and manners. He, by conferring bishoprics and great livings on whom he thought most pliant to his will, against the known canons and universal practice of the ancient church, whereby those elections were the people’s right, sought, as he confesses, to have “greatest influence upon churchmen.” They on the other side, finding themselves in a high dignity, neither founded by Scripture, nor allowed by reformation, nor supported by any spiritual gift or grace of their own, knew it their best course to have dependence only upon him: and wrought his fancy by degrees to that degenerate and unkingly persuasion of “No bishop, no king.” When as on the contrary all prelates in their own subtle sense are of another mind; according to that of Pius the Fourth remembered in the history of Trent,† that bishops then grow to be most vigorous and potent, when princes happen to be most weak and impotent. Thus when both interest of tyranny and episcopacy were incorporate into each other, the king, whose principal safety and establishment consisted in the righteous execution of his civil power, and not in bishops and their wicked counsels, fatally driven on, set himself to the extirpating of those men whose doctrine and desire of church-discipline he so feared would be the undoing of his monarchy. And because no temporal law could touch the innocence of their lives, he begins with the persecution of their consciences, laying scandals before them; and makes that the argument to inflict his unjust penalties both on their bodies and estates. In this war against the church, if he hath sped so, as other haughty monarchs whom God heretofore hath hardened to the like enterprise, we ought to look up with praises and thanksgivings to the author of our deliverance, to whom victory and power, majesty, honour, and dominion belongs for ever.
In the mean while, from his own words we may perceive easily, that the special motives which he had to endear and deprave his judgment to the favouring and utmost defending of episcopacy, are such as here we represent them: and how unwillingly and with what mental reservation, he condescended against his interest to remove it out of the peers’ house, hath been shown already. The reasons, which he affirms wrought so much upon his judgment, shall be so far answered as they be urged.
Scripture he reports, but distinctly produces none; and next the “constant practice of all Christian churches, till of late years tumult, faction, pride and covetousness, invented new models under the title of Christ’s government.” Could any papist have spoken more scandalously against all reformation? Well may the parliament and best-affected people not Edition: current; Page: [513] now be troubled at his calumnies and reproaches, since he binds them in the same bundle with all other the reformed churches; who also may now further see, besides their own bitter experience, what a cordial and wellmeaning helper they had of him abroad, and how true to the protestant cause.
As for histories to prove bishops, the Bible, if we mean not to run into errors, vanities, and uncertainties, must be our only history. Which informs us that the apostles were not properly bishops; next, that bishops were not successors of apostles, in the function of apostleship: and that if they were apostles, they could not be precisely bishops; if bishops, they could not be apostles; this being universal, extraordinary, and immediate from God; that being an ordinary, fixed, and particular charge, the continual inspection over a certain flock. And although an ignorance and deviation of the ancient churches afterward, may with as much reason and charity be supposed as sudden in point of prelaty, as in other manifest corruptions, yet that “no example since the first age for 1500 years can be produced of any settled church, wherein were many ministers and congregations, which had not some bishops above them;” the ecclesiastical story, to which he appeals for want of Scripture, proves clearly to be a false and overconfident assertion. Sozomenus, who above twelve hundred years ago, in his seventh book, relates from his own knowledge, that in the churches of Cyprus and Arabia (places near to Jerusalem, and with the first frequented by apostles) they had bishops in every village; and what could those be more than presbyters? The like he tells of other nations; and that episcopal churches in those days did not condemn them. I add, that many western churches, eminent for their faith and good works, and settled above four hundred years ago in France, in Piemont and Bohemia, have both taught and practised the same doctrine, and not admitted of episcopacy among them. And if we may believe what the papists themselves have written of these churches, which they call Waldenses, I find it in a book written almost four hundred years since, and set forth in the Bohemian history, that those churches in Piemont* have held the same doctrine and government, since the time that Constantine with his mischievous donations poisoned Sylvester and the whole church. Others affirm they have so continued there since the apostles; and Theodorus Belvederensis in his relation of them confesseth, that those heresies, as he names them, were from the first times of Christianity in that place. For the rest I refer me to that famous testimony of Jerome, who upon that very place which he cites here,† the epistle to Titus, declares openly that bishop and presbyter were one and the same thing, till by the instigation of Satan, partialities grew up in the church, and that bishops rather by custom than any ordainment of Christ, were exalted above presbyters; whose interpretation we trust shall be received before this intricate stuff tattled here of Timothy and Titus, and I know not whom their successors, far beyond court-element, and as far beneath true edification. These are his “fair grounds both from scripturecanons and ecclesiastical examples;” how undivine-like written, and how like a worldly gospeller that understands nothing of these matters, posterity no doubt will be able to judge; and will but little regard what he calls apostolical, who in his letter to the pope calls apostolical the Roman religion.
Edition: current; Page: [514]Nor let him think to plead, that therefore, “it was not policy of state,” or obstinacy in him which upheld episcopacy, because the injuries and losses which he sustained by so doing were to him “more considerable than episcopacy itself:” for all this might Pharaoh have had to say in his excuse of detaining the Israelites, that his own and his kingdom’s safety, so much endangered by his denial, was to him more dear than all their building labours could be worth to Egypt. But whom God hardens them also he blinds.
He endeavours to make good episcopacy not only in “religion, but from the nature of all civil government, where parity breeds confusion and faction.” But of faction and confusion, to take no other than his own testimony, where hath more been ever bred than under the imparity of his own monarchical government? of which to make at this time longer dispute, and from civil constitutions and human conceits to debate and question the convenience of divine ordinations, is neither wisdom nor sobriety: and to confound Mosaic priesthood with evangelic presbytery against express institution, is as far from warrantable. As little to purpose is it, that we should stand polling the reformed churches, whether they equalize in number “those of his three kingdoms;” of whom so lately the far greater part, what they have long desired to do, have now quite thrown off episcopacy.
Neither may we count it the language or religion of a protestant, so to vilify the best reformed churches (for none of them but Lutherans retain bishops) as to fear more the scandalizing of papists, because more numerous, than of our protestant brethren, because a handful. It will not be worth the while to say what “schismatics or heretics” have had no bishops: yet, lest he should be taken for a great reader, he who prompted him, if he were a doctor, might have remembered the forementioned place in Sozomenus; which affirms, that besides the Cyprians and Arabians, who were counted orthodoxal, the Novations also, and Montanists in Phrygia, had no other bishops than such as were in every village: and what presbyter hath a narrower diocese? As for the Aërians we know of no heretical opinion justly fathered upon them, but that they held bishops and presbyters to be the same. Which he in this place not obscurely seems to hold a heresy in all the reformed churches; with whom why the church of England desired conformity, he can find no reason, with all his “charity, but the coming in of the Scots’ army;” such a high esteem he had of the English!
He tempts the clergy to return back again to bishops, from the fear of “tenuity and contempt,” and the assurance of better “thriving under the favour of princes;” against which temptations if the clergy cannot arm themselves with their own spiritual armous, they are indeed as “poor a carcass” as he terms them.
Of secular honours and great revenues added to the dignity of prelates, since the subject of that question is now removed, we need not spend time: but this perhaps will never be unseasonable to bear in mind out of Chrysostom, that when ministers came to have lands, houses, farms, coaches, horses, and the like lumber, then religion brought forth riches in the church, and the daughter devoured the mother.
But if his judgment in episcopacy may be judged by the goodly choice he made of bishops, we need not much amuse ourselves with the consideration of those evils, which by his foretelling, will “necessarily follow” their pulling down, until he prove that the apostles, having no certain diocese or appointed place of residence, were properly “bishops over those Edition: current; Page: [515] presbyters whom they ordained, or churches they planted:” wherein ofttimes their labours were both joint and promiscuous: or that the apostolic power must “necessarily descend to bishops, the use and end” of either function being so different. And how the church hath flourished under episcopacy, let the multitude of their ancient and gross errors testify, and the words of some learnedest and most zealous bishops among them; Nazianzen in a devout passion, wishing prelaty had never been; Bazil terming them the slaves of slaves; Saint Martin, the enemies of saints, and confessing that after he was made a bishop, he found much of that grace decay in him which he had before.
Concerning his “Coronation oath,” what it was, and how far it bound him, already hath been spoken. This we may take for certain, that he was never sworn to his own particular conscience and reason, but to our conditions as a free people, which required him to give us such laws as ourselves should* choose. This the Scots could bring him to, and would not be baffled with the pretence of a coronation-oath, after that episcopacy had for many years been settled there. Which concession of his to them, and not to us, he seeks here to put off with evasions that are ridiculous. And to omit no shifts, he alleges that the presbyterian manners gave him no encouragement to like their modes of government. If that were so, yet certainly those men are in most likelihood nearer to amendment, who seek a stricter church-discipline than that of episcopacy, under which the most of them learned their manners. If estimation were to be made of God’s law by their manners, who, leaving Egypt, received it in the wilderness, it could reap from such an inference as this nothing but rejection and disesteem.
For the prayer wherewith he closes, it had been good some safe liturgy, which he so commends, had rather been in his way; it would perhaps in some measure have performed the end for which they say liturgy was first invented; and have hindered him both here, and at other times, from turning his notorious errors into his prayers.
XVIII.: Upon the Uxbridge Treaty, &c.
“If the way of treaties be looked upon” in general, “as retiring” from bestial force to human reason, his first aphorism here is in part deceived. For men may treat like beasts as well as fight. If some fighting were not manlike, then either fortitude were no virtue, or no fortitude in fighting: And as politicians ofttimes through dilatory purposes and emulations handle the matter, there hath been no where found more bestiality than in treating; which hath no more commendations in it, than from fighting to come to undermining, from violence to craft; and when they can no longer do as lions, to do as foxes.
The sincerest end of treating after war once proclaimed is, either to part with more, or to demand less, than was at first fought for, rather than to hazard more lives, or worse mischiefs. What the parliament in that point were willing to have done, when first after the war begun, they petitioned him at Colebrook to vouchsafe a treaty, is not unknown. For after he had taken God to witness of his continual readiness to treat, or to offer treaties to the avoiding of bloodshed, had named Windsor the place of treaty, Edition: current; Page: [516] and passed his royal word not to advance further, till commissioners by such a time were speeded towards him; taking the advantage of a thick mist, which fell that evening, weather that soon invited him to a design no less treacherous and obscure; he follows at the heels of those messengers of peace with a train of covert war; and with a bloody surprise falls on our secure forces, which lay quartering at Brentford in the thoughts and expectation of a treaty. And although in them who make a trade of war, and against a natural enemy, such an onset might in the rigour of martial* law have been excused, while arms were not yet by agreement suspended; yet by a king, who seemed so heartily to accept of treating with his subjects, and professes here, “he never wanted either desire or disposition to it, professes to have greater confidence in his reason than in his sword, and as a Christian to seek peace and ensue it,” such bloody and deceitful advantages would have been forborne one day at least, if not much longer; in whom there had not been a thirst rather than a detestation of civil war and blood, and a desire to subdue rather than to treat.
In the midst of a second treaty not long after, sought by the parliament, and after much ado obtained with him at Oxford, what subtle and unpeaceable designs he then had in chase, his own letters discovered: What attempts of treacherous hostility successful and unsuccessful he made against Bristol, Scarborough, and other places, the proceedings of that treaty will soon put us in mind; and how he was so far from granting more of reason after so much of blood, that he denied then to grant what before he had offered; making no other use of treaties pretending peace, than to gain advantages that might enable him to continue war: What marvel then if “he thought it no diminution of himself,” as oft as he saw his time, “to be importunate for treaties,” when he sought them only as by the upshot appeared “to get opportunities?” And once to a most cruel purpose, if we remember May 1643. And that messenger of peace from Oxford, whose secret message and commission, had it been effected, would have drowned the innocence of our treating, in the blood of a designed massacre. Nay, when treaties from the parliament sought out him, no less than seven times, (oft enough to testify the willingness of their obedience, and too oft for the majesty of a parliament to court their subjection,) he, in the confidence of his own strength, or of our divisions, returned us nothing back but denials, or delays, to their most necessary demands; and being at lowest, kept up still and sustained his almost famished hopes with the hourly expectation of raising up himself the higher, by the greater heap which he sat promising himself of our sudden ruin through dissension.
But he infers, as if the parliament would have compelled him to part with something of “his honour as a king.” What honour could he have, or call his, joined not only with the offence or disturbance, but with the bondage and destruction of three nations? whereof, though he be careless and improvident, yet the parliament, by our laws and freedom, ought to judge, and use prevention; our laws else were but cobweb laws. And what were all his most rightful honours, but the people’s gift, and the investment of that lustre, majesty, and honour, which for the public good, and no otherwise, redounds from a whole nation into one person? So far is any honour from being his to a common mischief and calamity. Yet still he talks on equal terms with the grand representative of that people, for whose sake he was a king; as if the general welfare and his subservient rights were of equal moment or consideration. His aim indeed hath Edition: current; Page: [517] ever been to magnify and exalt his borrowed rights and prerogatives above the parliament and kingdom, of whom he holds them. But when a king sets himself to bandy against the highest court and residence of all his regal power, he then, in the single person of a man, fights against his own majesty and kingship, and then indeed sets the first hand to his own deposing.
“The treaty at Uxbridge,” he saith, “gave the fairest hopes of a happy composure;” fairest indeed, if his instructions to bribe our commissioners with the promise of security, rewards, and places, were fair: what other hopes it gave, no man can tell. There being but three main heads whereon to be treated; Ireland, episcopacy, and the militia; the first was anticipated and forestalled by a peace at any rate to be hastened with the Irish rebels, ere the treaty could begin, that he might pretend his word and honour passed against “the specious and popular arguments” (he calls them no better) which the parliament would urge upon him for the continuance of that just war. Episcopacy he bids the queen be confident he will never quit: which informs us by what patronage it stood: and the sword he resolves to clutch as fast, as if God with his own hand had put it into his. This was the “moderation which he brought;” this was “as far as reason, honour, conscience,” and the queen, who was his regent in all these, “would give him leave.” Lastly, “for composure,” instead of happy, how miserable it was more likely to have been, wise men could then judge; when the English, during treaty were called rebels; the Irish, good and catholic subjects; and the parliament beforehand, though for fashion’s sake called a parliament, yet by a jesuitical sleight not acknowledged, though called so; but privately in the council books enrolled no parliament: that if accommodation had succeeded, upon what terms soever, such a devilish fraud was prepared, that the king in his own esteem had been absolved from all performance, as having treated with rebels and no parliament; and they, on the other side, instead of an expected happiness, had been brought under the hatchet. Then no doubt “war had ended,” that massacre and tyranny might begin. These jealousies, however raised, let all men see whether they be diminished or allayed, by the letters of his own cabinet opened. And yet the breach of this treaty is laid all upon the parliament and their commissioners, with odious names of “pertinacy, hatred of peace, faction, and covetousness,” nay, his own brat “superstition” is laid to their charge; notwithstanding his here professed resolution to continue both the order, maintenance, and authority of prelates, as a truth of God.
And who “were most to blame in the unsuccessfulness of that treaty,” his appeal is to God’s decision; believing to be very excusable at that tribunal. But if ever man gloried in an unflexible stiffness, he came not behind any; and that grand maxim, always to put something into his treaties, which might give colour to refuse all that was in other things granted, and to make them signify nothing, was his own principal maxim and particular instructions to his commissioners. Yet all, by his own verdict, must be construed reason in the king, and depraved temper in the parliament.
That the “highest tide of success,” with these principles and designs, “set him not above a treaty,” no great wonder. And yet if that be spoken to his praise, the parliament therein surpassed him; who, when he was their vanquished and their captive, his forces utterly broken and disbanded, yet offered him three several times no worse proposals or demands, than when he stood fair to be their conqueror. But that imprudent surmise that his lowest ebb could not set him “below a fight,” was a presumption that ruined him.
He presaged the future “unsuccessfulness of treaties by the unwillingness Edition: current; Page: [518] of some men to treat;” and could not see what was present, that their unwillingness had good cause to proceed from the continual experience of his own obstinacy and breach of word.
His prayer therefore of forgiveness to the guilty of “that treaty’s breaking,” he had good reason to say heartily over, as including no man in that guilt sooner than himself.
As for that protestation following in his prayer, “how oft have I entreated for peace, but when I speak thereof they make them ready to war;” unless he thought himself still in that perfidious mist between Colebrook and Hounslow, and thought that mist could hide him from the eye of Heaven as well as of man, after such a bloody recompense given to our first offers of peace, how could this in the sight of Heaven without horrors of conscience be uttered?
XIX.: Upon the various events of the War.
It is no new or unwonted thing, for bad men to claim as much part in God as his best servants; to usurp and imitate their words, and appropriate to themselves those properties, which belong only to the good and righteous. This not only in Scripture is familiarly to be found, but here also in this chapter of Apocrypha. He tells us much, why “it pleased God” to send him victory or loss, (although what in so doing was the intent of God, he might be much mistaken as to his own particular,) but we are yet to learn what real good use he made thereof in his practice.
Those numbers, which he grew to “from small beginnings,” were not such as out of love came to protect him, for none approved his actions as a king, except courtiers and prelates, but were such as fled to be protected by him from the fear of that reformation which the pravity of their lives would not bear. Such a snowball he might easily gather by rolling through those cold and dark provinces of ignorance and lewdness, where on a sudden he became so numerous. He imputes that to God’s “protection,” which, to them who persist in a bad cause, is either his long-suffering or his hardening; and that to wholesome “chastisement,” which were the gradual beginnings of a severe punishment. For if neither God nor nature put civil power in the hands of any whomsoever, but to a lawful end, and commands our obedience to the authority of law only, not to the tyrannical force of any person; and if the laws of our land have placed the sword in no man’s single hand, so much as to unsheath against a foreign enemy, much less upon the native people; but have placed it in that elective body of the parliament, to whom the making, repealing, judging, and interpreting of law itself was also committed, as was fittest, so long as we intended to be a free nation, and not the slaves of one man’s will; then was the king himself disobedient and rebellious to that law by which he reigned; and by authority of parliament to raise arms against him in defence of law and liberty, we do not only think, but believe and know, was justifiable both “by the word of God, the laws of the land, and all lawful oaths;” and they who sided with him, fought against all these.
The same allegations, which he uses for himself and his party, may as well fit any tyrant in the world: for let the parliament be called a faction when the king pleases, and that no law must be made or changed, either civil or religious, because no law will content all sides, then must be made or changed no law at all, but what a tyrant, be he protestant or papist, Edition: current; Page: [519] thinks fit. Which tyrannous assertion forced upon us by the sword, he who fights against, and dies fighting, if his other sins outweight not, dies a martyr undoubtedly both of the faith and of the commonwealth; and I hold it not as the opinion, but as the full belief and persuasion, of far holier and wiser men than parasitic preachers; who, without their dinner-doctrine, know that neither king, law, civil oaths, or religion, was ever established without the parliament: and their power is the same to abrogate as to establish: neither is any thing to be thought established, which that house declares to be abolished. Where the parliament sits, there inseparably sits the king, there the laws, there our oaths, and whatsoever can be civil in religion. They who fought for the parliament, in the truest sense, fought for all these; who fought for the king divided from his parliament, fought for the shadow of a king against all these; and for things that were not, as if they were established. It were a thing monstrously absurd and contradictory, to give the parliament a legislative power, and then to upbraid them for transgressing old establishments.
But the king and his party having lost in this quarrel their heaven upon earth, begin to make great reckoning of eternal life, and at an easy rate in forma pauperis canonize one another into heaven; he them in his book, they him in the portraiture before his book: but as was said before, stagework will not do it, much less the “justness of their cause,” wherein most frequently they died in a brutish fierceness, with oaths and other damning words in their mouths; as if such had been all “the only oaths” they fought for; which undoubtedly sent them full sail on another voyage than to heaven. In the mean while they to whom God gave victory, never brought to the king at Oxford the state of their consciences, that he should presume without confession, more than a pope presumes, to tell abroad what “conflicts and accusations,” men whom he never spoke with, have “in their own thoughts.” We never read of any English king but one that was a confessor, and his name was Edward; yet sure it passed his skill to know thoughts, as this king takes upon him. But they who will not stick to slander men’s inward consciences, which they can neither see nor know, much less will care to slander outward actions, which they pretend to see, though with senses never so vitiated.
To judge of “his condition conquered,” and the manner of “dying” on that side, by the sober men that chose it, would be his small advantage: it being most notorious, that they who were hottest in his cause, the most of them were men oftener drunk, than by their good will sober, and very many of them so fought and so died.*
And that the conscience of any man should grow suspicious, or be now convicted by any pretensions in the parliament, which are now proved false and unintended, there can be no just cause. For neither did they ever pretend to establish his throne without our liberty and religion, nor religion without the word of God, nor to judge of laws by their being established, but to establish them by their being good and necessary.
He tells the world “he often prayed, that all on his side might be as faithful to God and their own souls, as to him.” But kings, above all other men, have in their hands not to pray only, but to do. To make that prayer Edition: current; Page: [520] effectual, he should have governed as well as prayed. To pray and not to govern, is for a monk, and not a king. Till then he might be well assured, they were more faithful to their lust and rapine than to him.
In the wonted predication of his own virtues he goes on to tell us, that to “conquer he never desired, but only to restore the laws and liberties of his people.” It had been happy then he had known at last, that by force to restore laws abrogated by the legislative parliament, is to conquer absolutely both them and law itself. And for our liberties none ever oppressed them more, both in peace and war; first like a master by his arbitrary power, next as an enemy by hostile invasion.
And if his best friends feared him, and “he himself, in the temptation of an absolute conquest,” it was not only pious but friendly in the parliament, both to fear him and resist him; since their not yielding was the only means to keep him out of that temptation, wherein he doubted his own strength.
He takes himself to be “guilty in this war of nothing else, but of confirming the power of some men:” Thus all along he signifies the parliament, whom to have settled by an act, he counts to be his only guiltiness. So well he knew, that to continue a parliament, was to raise a war against himself; what were his actions then, and his government the while? For never was it heard in all our story, that parliaments made war on their kings, but on their tyrants; whose modesty and gratitude was more wanting to the parliament, than theirs to any of such kings.
What he yielded was his fear; what he denied was his obstinacy. Had he yielded more, fear might perchance have saved him; had he granted less, his obstinacy had perhaps the sooner delivered us.
“To review the occasions of this war,” will be to them never too late, who would be warned by his example from the like evils: but to wish only a happy conclusion, will never expiate the fault of his unhappy beginnings. It is true, on our side the sins of our lives not seldom fought against us: but on their side, besides those, the grand sin of their cause.
How can it be otherwise, when he desires here most unreasonably, and indeed sacrilegiously, that we should be subject to him, though not further, yet as far as all of us may be subject to God; to whom this expression leaves no precedency? He who desires from men as much obedience and subjection, as we may all pay to God, desires not less than to be a god: a sacrilege far worse than meddling with the bishops’ lands, as he esteems it.
His prayer is a good prayer and a glorious; but glorying is not good, if it know not that a little leaven leavens the whole lump. It should have purged out the leaven of untruth, in telling God that the blood of his subjects by him shed, was in his just and necessary defence. Yet this is remarkable; God hath here so ordered his prayer, that as his own lips acquitted the parliament, not long before his death, of all the blood spilt in this war, so now his prayer unwittingly draws it upon himself. For God imputes not to any man the blood he spills in a just cause; and no man ever begged his not imputing of that, which he in his justice could not impute: so that now, whether purposely or unaware, he hath confessed both to God and man the blood-guiltiness of all this war to lie upon his own head.
XX.: Upon the Reformation of the Times.
This chapter cannot punctually be answered without more repetitions than now can be excusable: which perhaps have already been more humoured than was needful. As it presents us with nothing new, so with his exceptions against reformation pitifully old, and tattered with continual using; not only in his book, but in the words and writings of every papist and popish king. On the scene he thrusts out first an antimasque of bugbears, novelty, and perturbation; that the ill looks and noise of those two may as long as possible drive off all endeavours of a reformation. Thus sought pope Adrian, by representing the like vain terrors, to divert and dissipate the zeal of those reforming princes of the age before in Germany. And if we credit Latimer’s sermons, our papists here in England pleaded the same dangers and inconveniences against that which was reformed by Edward the Sixth. Whereas if those fears had been available, Christianity itself had never been received. Which Christ foretold us would not be admitted, without the censure of novelty, and many great commotions. These therefore are not to deter us.
He grants reformation to be “a good work,” and confesses “what the indulgence of times and corruption of manners might have depraved.” So did the forementioned pope, and our grandsire papists in this realm. Yet all of them agree in one song with this here, that “they are sorry to see so little regard had to laws established, and the religion settled.”
“Popular compliance, dissolution of all order and government in the church, schisms, opinions, undecencies, confusions, sacrilegious invasions, contempt of the clergy and their liturgy, diminution of princes;” all these complaints are to be read in the messages and speeches almost of every legate from the pope to those states and cities which began reformation. From whence he either learned the same pretences, or had them naturally in him from the same spirit. Neither was there ever so sincere a reformation that hath escaped these clamours.
He offered a “synod or convocation rightly chosen.” So offered all those popish kings heretofore; a course the most unsatisfactory, as matters have been long carried, and found by experience in the church liable to the greatest fraud and packing; no solution, or redress of evil, but an increase rather; detested therefore by Nazianzen, and some other of the fathers. And let it be produced, what good hath been done by synods from the first times of reformation.
Not to justify what enormities the vulgar may commit in the rudeness of their zeal, we need but only instance how he bemoans “the pulling down of crosses” and other superstitious monuments, as the effect “of a popular and deceitful reformation.” How little this savours of a protestant, is too easily perceived.
What he charges in defect of “piety, charity, and morality,” hath been also charged by papists upon the best reformed churches; not as if they the accusers were not tenfold more to be accused, but out of their malignity to all endeavour of amendment; as we know who accused to God the sincerity of Job; an accusation of all others the most easy, when as there lives not any mortal man so excellent, who in these things is not always deficient. But the infirmities of the best men, and the scandals of mixed hypocrites in all times of reforming, whose bold intrusion covets to be ever seen in things most sacred, as they are most specious, can lay no just blemish upon the integrity of others, much less upon the purpose of reformation Edition: current; Page: [522] itself. Neither can the evil doings of some be the excuse of our delaying or deserting that duty to the church, which for no respect of times or carnal policies can be at any time unseasonable.
He tells, with great show of piety, what kind of persons public reformers ought to be, and what they ought to do. It is strange, that in above twenty years, the church growing still worse and worse under him, he could neither be as he bids others be, nor do as he pretends here so well to know; nay, which is worst of all, after the greatest part of his reign spent in neither knowing nor doing aught toward a reformation either in church or state, should spend the residue in hindering those by a seven-years’ war, whom it concerned, with his consent or without it, to do their parts in that great performance.
It is true, that the “method of reforming” may well subsist without “perturbation of the state;” but that it falls out otherwise for the most part, is the plain text of Scripture. And if by his own rule he had allowed us to “fear God first,” and the king in due order, our allegiance might have still followed our religion in a fit subordination. But if Christ’s kingdom be taken for the true discipline of the church, and by “his kingdom” be meant the violence he used against it, and to uphold an antichristian hierarchy, then sure enough it is, that Christ’s kingdom could not be set up without pulling down his: and they were best Christians who were least subject to him. “Christ’s government,” out of question meaning it prelatical, he thought would confirm his: and this was that which overthrew it.
He professes “to own his kingdom from Christ, and to desire to rule for his glory, and the church’s good.” The pope and the king of Spain profess every where as much; and both by his practice and all his reasonings, all his enmity against the true church we see hath been the same with theirs, since the time that in his letter to the pope he assured them both of his full compliance. “But evil beginnings never bring forth good conclusions:” they are his own words, and he ratified them by his own ending. To the pope he engaged himself to hazard life and estate for the Roman religion, whether in compliment he did it, or in earnest; and God, who stood nearer than he for complimenting minded, wrote down those words; that according to his resolution, so it should come to pass. He prays against “his hypocrisy and pharisaical washings,” a prayer to him most pertinent, but chokes it straight with other words, which pray him deeper into his old errors and delusions.
XXI.: Upon his letters taken and divulged.
The king’s letters taken at the battle of Naseby, being of greatest importance to let the people see what faith there was in all his promises and solemn protestations, were transmitted to public view by special order of the parliament. They discovered his good affection to papists and Irish rebels, the strict* intelligence he held, the pernicious and dishonourable peace he made with them, not solicited, but rather soliciting, which by all invocations that were holy, he had in public abjured. They revealed his endeavours to bring in foreign forces, Irish, French, Dutch, Lorrainers, and our old invaders the Danes upon us, besides his subtleties Edition: current; Page: [523] and mysterious arts in treating; to sum up all, they showed him governed by a woman. All which, though suspected vehemently before, and from good grounds believed, yet by him and his adherents peremptorily denied, were by the opening of that cabinet visible to all men under his own hand.
The parliament therefore, to clear themselves of aspersing him without cause, and that the people might no longer be abused and cajoled, as they call it, by falsities and court impudence, in matters of so high concernment; to let them know on what terms their duty stood, and the kingdom’s peace, conceived it most expedient and necessary, that those letters should be made public. This, the king affirms, was by them done without “honour and civility;” words, which if they contain not in them, as in the language of a courtier most commonly they do not, more of substance and reality, than compliment, ceremony, court-fawning, and dissembling, enter not I suppose further than the ear into any wise man’s consideration. Matters were not then between the parliament, and a king their enemy, in that state of trifling, as to observe those superficial vanities. But if honour and civility mean, as they did of old, discretion, honesty, prudence, and plain truth, it will be then maintained against any sect of those Cabalists, that the parliament, in doing what they did with those letters, could suffer in their honour and civility no diminution. The reasons are already heard.
And that it is with none more familiar than with kings, to transgress the bounds of all honour and civility, there should not want examples good store, if brevity would permit: in point of letters, this one shall suffice.
The duchess of Burgundy, and heir of duke Charles, had promised to her subjects, that she intended no otherwise to govern, than by advice of the three estates; but to Lewis the French king had written letters, that she had resolved to commit wholly the managing of her affairs to four persons, whom she named. The three estates, not doubting the sincerity of her princely word, send ambassadors to Lewis, who then besieged Arras belonging to the duke of Burgundy. The king, taking hold of this occasion to set them at division among themselves, questioned their credence: which when they offered to produce with their instructions, he not only shows them the private letter of their duchess, but gives it them to carry home, wherewith to affront her; which they did, she denying it stoutly; till they, spreading it before her face in a full assembly, convicted her of an open lie. Which, although Comines the historian much blames, as a deed too harsh and dishonourable in them who were subjects, and not at war with their princess, yet to his master Lewis, who first divulged those letters, to the open shaming of that young governess, he imputes no incivility or dishonour at all, although betraying a certain confidence reposed by that letter in his royal secrecy.
With much more reason then may letters not intercepted only, but won in battle from an enemy, be made public to the best advantages of them that win them, to the discovery of such important truth or falsehood. Was it not more dishonourable in himself to feign suspicions and jealousies, which we first found among those letters, touching the chastity of his mother, thereby to gain assistance from the king of Denmark, as in vindication of his sister? The damsel of Burgundy at sight of her own letter was soon blank, and more ingenuous than to stand outfacing; but this man, whom nothing will convince, thinks by talking world without end, to make good his integrity and fair dealing, contradicted by his own hand and seal. They who can pick nothing out of them but phrases shall be counted bees: they that discern further both there and here, that constancy to his wife is set in place before laws and religion, are in his naturalities no better than spiders.
Edition: current; Page: [524]He would work the people to a persuasion, that “if he be miserable, they cannot be happy.” What should hinder them? Were they all born twins of Hippocrates with him and his fortune, one birth, one burial? It were a nation miserable indeed, not worth the name of a nation, but a race of idiots, whose happiness and welfare depended upon one man. The happiness of a nation consists in true religion, piety, justice, prudence, temperance, fortitude, and the contempt of avarice and ambition. They in whomsoever these virtues dwell eminently, need not kings to make them happy, but are the architects of their own happiness; and whether to themselves or others are not less than kings. But in him which of these virtues were to be found, that might extend to the making happy, or the well-governing of so much as his own household, which was the most licentious and ill-governed in the whole land?
But the opening of his letters was designed by the parliament “to make all reconciliation desperate.” Are the lives of so many good and faithful men, that died for the freedom of their country, to be so slighted as to be forgotten in a stupid reconcilement without justice done them? What he fears not by war and slaughter, should we fear to make desperate by opening his letters? Which fact he would parallel with Cham’s revealing of his father’s nakedness: when he at that time could be no way esteemed the Father of his Country, but the destroyer; nor had he ever before merited that former title.
“He thanks God he cannot only bear this with patience, but with charity forgive the doers.” Is not this mere mockery, to thank God for what he can do, but will not? For is it patience to impute barbarism and inhumanity to the opening of an enemy’s letter, or is it charity to clothe them with curses in his prayer, whom he hath forgiven in his discourse? In which prayer, to show how readily he can return good for evil to the parliament, and that if they take away his coat he can let them have his cloak also; for the dismantling of his letters he wishes “they may be covered with the cloak of confusion.” Which I suppose they do resign with much willingness, both livery, badge, and cognizance, to them who chose rather to be the slaves and vassals of his will, than to stand against him, as men by nature free; born and created with a better title to their freedom, than any king hath to his crown.
XXII.: Upon his going to the Scots.
The king’s coming in, whether to the Scots or English, deserved no thanks: for necessity was his counsellor; and that he hated them both alike, his expressions everywhere manifest. Some say his purpose was to have come to London, till hearing how strictly it was proclaimed, that no man should conceal him, he diverted his course. But that had been a frivolous excuse: and besides, he himself rehearsing the consultations had, before he took his journey, shows us clearly that he was determined to adventure “upon their loyalty who first began his troubles.” And that the Scots had notice of it before, hath been long since brought to light. What prudence there could be in it, no man can imagine; malice there might be, by raising new jealousies to divide friends. For besides his diffidence of the English, it was no small dishonour that he put upon them, when rather than yield himself to the parliament of England, he yielded to a hireling army of Scots in England, paid for their service here, not in Sotch coin, Edition: current; Page: [525] but in English silver; nay, who from the first beginning of these troubles, what with brotherly assistance, and what with monthly pay have defended their own liberty and consciences at our charge. However, it was a hazardous and rash journey taken, “to resolve riddles in men’s loyalty,” who had more reason to mistrust the riddle of such a disguised yielding; and to put himself in their hands whose loyalty was a riddle to him, was not the course to be resolved of it, but to tempt it. What providence denied to force, he thought it might grant to fraud, which he styles Prudence; but Providence was not cozened with disguises, neither outward nor inward.
To have known “his greatest danger in his supposed safety, and his greatest safety, in his supposed danger,” was to him a fatal riddle never yet resolved; wherein rather to have employed his main skill, had been much more to his preservation.
Had he “known when the game was lost,” it might have saved much contest; but the way to give over fairly, was not to slip out of open war into a new disguise. He lays down his arms, but not his wiles; nor all his arms; for in obstinacy he comes no less armed than ever cap à pé. And what were they but wiles, continually to move for treaties, and yet to persist the same man, and to fortify his mind before-hand, still purposing to grant no more than what seemed good to that violent and lawless triumvirate within him, under the falsified names of his reason, honour, and conscience, the old circulating dance of his shifts and evasions?
The words of a king, as they are full of power, in the authority and strength of law, so like Samson, without the strength of that Nazarite’s lock, they have no more power in them than the words of another man.
He adores reason as Domitian did Minerva, and calls her the “Divinest power,” thereby to intimate as if at reasoning, as at his own weapon, no man were so able as himself. Might we be so happy as to know where these monuments of his reason may be seen; for in his actions and his writing they appear as thinly as could be expected from the meanest parts, bred up in the midst of so many ways extraordinary to know something. He who reads his talk, would think he had left Oxford not without mature deliberation: yet his prayer confesses, that “he knew not what to do.” Thus is verified that Psalm; “he poureth contempt upon princes, and causeth them to wander in the wilderness where there is no way.” Psal. cvii.
XXIII.: Upon the Scots delivering the king to the English.
That the Scots in England should “sell their king,” as he himself here affirms, and for a “price so much above that,” which the covetousness of Judas was contented with to sell our Saviour, is so foul an infamy and dishonour cast upon them, as befits none to vindicate but themselves. And it were but friendly counsel to wish them beware the son, who comes among them with a firm belief, that they sold his father. The rest of this chapter he sacrifices to the echo of his conscience, out-babbling creeds and aves: glorying in his resolute obstinacy, and as it were triumphing how “evident it is now, not that evil counsellors,” but he himself, hath been the author of all our troubles. Herein only we shall disagree to the world’s end, while he, who sought so manifestly to have annihilated all our laws and liberties, hath the confidence to persuade us, that he hath fought and suffered all this while in their defence.
Edition: current; Page: [526]But he who neither by his own letters and commissions under hand and seal, nor by his own actions held as in a mirror before his face, will be convinced to see his faults, can much less be won upon by any force of words, neither he, nor any that take after him; who in that respect are no more to be disputed with, than they who deny principles. No question then but the parliament did wisely in their decree at last, to make no more addresses. For how unalterable his will was, that would have been our lord, how utterly averse from the parliament and reformation during his confinement, we may behold in this chapter. But to be ever answering fruitless repetitions, I should become liable to answer for the same myself. He borrows David’s psalms, as he charges the assembly of divines in his twentieth discourse, “To have set forth old catechisms and confessions of faith new dressed:” had he borrowed David’s heart, it had been much the holier theft. For such kind of borrowing as this, if it be not bettered by the borrower, among good authors is accounted plagiary. However, this was more tolerable than Pamela’s prayer stolen out of Sir Philip.
XXIV.: Upon the denying him the attendance of his Chaplains.
A chaplain is a thing so diminutive and inconsiderable, that how he should come here among matters of so great concernment, to take such room up in the discourses of a prince, if it be not wondered, is to be smiled at. Certainly by me, so mean an argument shall not be written; but I shall huddle him, as he does prayers. The Scripture owns no such order, no such function in the church; and the church not owning them, they are left, for aught I know, to such a further examining as the sons of Sceva the Jew met with. Bishops or presbyters we know, and deacons we know, but what are chaplains? In state perhaps they may be listed among the upper serving-men of some great household, and be admitted to some such place, as may style them the sewers, or the yeomanushers of devotion, where the master is too resty or too rich to say his own prayers, or to bless his own table. Wherefore should the parliament then take such implements of the court cupboard into their consideration? They knew them to have been the main corruptors at the king’s elbow; they knew the king to have been always their most attentive scholar and imitator, and of a child to have sucked from them and their closetwork all his impotent principles of tyranny and superstition. While therefore they had any hope left of his reclaiming, these sowers of malignant tares they kept asunder from him, and sent to him such of the ministers and other zealous persons, as they thought were best able to instruct him, and to convert him. What could religion herself have done more, to the saving of a soul? But when they found him past cure, and that he to himself was grown the most evil counsellor of all, they denied him not his chaplains, as many as were fitting, and some of them attended him, or else were at his call, to the very last. Yet here he makes more lamentation for the want of his chaplains, than superstitious Micah did to the Danites, who had taken away his household priest: “Ye have taken away my gods which I made, and the priest, and what have I more?” And perhaps the whole story of Micah might square not unfitly to this argument: “Now know I,” saith he, “that the Lord will do me good, seeing I have a Levite to my priest,” Micah had as great a care that his priest should be Mosaical, as the king had, that his should be apostolical; yet both in an error touching their priests. Household and private orisons Edition: current; Page: [527] were not to be officiated by priests; for neither did public prayer appertain only to their office. Kings heretofore, David, Solomon, and Jehosaphat, who might not touch the priesthood, yet might pray in public, yea in the temple, while the priests themselves stood and heard. What ailed this king then, that he could not chew his own matins without the priest’s Ore tenus? Yet is it like he could not pray at home, who can here publish a whole prayer book of his own, and signifies in some part of this chapter, almost as good a mind to be a priest himself, as Micah had to let his son be! There was doubtless therefore some other matter in it, which made him so desirous to have his chaplains about him, who were not only the contrivers, but very oft the instruments also of his designs.
The ministers which were sent him, no marvel he endured not; for they preached repentance to him: the others gave him easy confession, easy absolution, nay, strengthened his hands, and hardened his heart, by applauding him in his wilful ways. To them he was an Ahab, to these a Constantine; it must follow then, that they to him were as unwelcome as Elijah was to Ahab, these as dear and pleasing as Amaziah the priest of Bethel was to Jeroboam. These had learned well the lesson that would please; “Prophesy not against Bethel, for it is the king’s chapel, the king’s court;” and had taught the king to say of those ministers, which the parliament had sent, “Amos hath conspired against me, the land is not able to bear all his words.”
Returning to our first parallel, this king looked upon his prelates, “as orphans under the sacrilegious eyes of many rapacious reformers:” and there was as great fear of sacrilege between Micah and his mother, till with their holy treasure, about the loss whereof there was such cursing, they made a graven and a molten image, and got a priest of their own. To let go his criticising about the “sound of prayers, imperious, rude, or passionate,” modes of his own devising, we are in danger to fall again upon the flats and shallows of liturgy. Which if I should repeat again, would turn my answers into Responsories, and beget another liturgy, having too much of one already.
This only I shall add, that if the heart, as he alleges, cannot safely “join with another man’s extemporal sufficiency,” because we know not so exactly what they mean to say; then those public prayers made in the temple by those forenamed kings, and by the apostles in the congregation, and by the ancient Christians for above three hundred years before liturgies came in, were with the people made in vain.
After he hath acknowledged, that kings heretofore prayed without chaplains, even publicly in the temple itself, and that every “private believer is invested with a royal priesthood;” yet like one that relished not what he “tasted of the heavenly gift, and the good word of God,” whose name he so confidently takes into his mouth, he frames to himself impertinent and vain reasons, why he should rather pray by the officiating mouth of a closet chaplain. “Their prayers,” saith he, “are more prevalent, they flow from minds more enlightened, from affections less distracted.” Admit this true, which is not, this might be something said as to their prayers for him, but what avails it to their praying with him? If his own mind “be encumbered with secular affairs,” what helps it his particular prayer, though the mind of his chaplain be not wandering, either after new preferment, or his dinner? The fervency of one man in prayer cannot supererogate for the coldness of another; neither can his spiritual defects in that duty be made out, in the acceptance of God, by another man’s abilities. Let him endeavour to have more light in himself, and not to walk by another man’s Edition: current; Page: [528] lamp, but to get oil into his own. Let him cast from him, as in a Christian warfare, that secular encumbrance, which either distracts or overloads him; his load else will never be the less heavy, because another man’s is light. Thus these pious flourishes and colours, examined thoroughly, are like the apples of Asphaltis, appearing goodly to the sudden eye, but look well upon them, or at least but touch them, and they turn into cinders.
In his prayer he remembers what “voices of joy and gladness” there were in his chapel, “God’s house,” in his opinion, between the singing men and the organs; and this was “unity of spirit in the bond of peace;” the vanity, superstition, and misdevotion of which place, was a scandal far and near: Wherein so many things were sung and prayed in those songs, which were not understood; and yet he who makes a difficulty how the people can join their hearts to extemporal prayers, though distinctly heard and understood, makes no question how they should join their hearts in unity to songs not understood.
I believe that God is no more moved with a prayer elaborately penned, than men truly charitable are moved with the penned speech of a beggar.
Finally, O ye ministers, ye pluralists, whose lips preserve not knowledge, but the way ever open to your bellies, read here what work he makes among your wares, your gallipots, your balms and cordials, in print; and not only your sweet sippets in widows’ houses, but the huge gobbets wherewith he charges you to have devoured houses and all; the “houses of your brethren, your king, and your God.” Cry him up for a saint in your pulpits, while he cries you down for atheists into hell.
XXV.: Upon his penitential Meditations and Vows at Holmby.
It is not hard for any man, who hath a Bible in his hands, to borrow good words and holy sayings in abundance; but to make them his own, is a work of grace, only from above. He borrows here many penitential verses out of David’s psalms. So did many among those Israelites, who had revolted from the true worship of God, “invent to themselves instruments of music like David,” and probably psalms also like his; and yet the prophet Amos complains heavily against them. But to prove how short this is of true repentance, I will recite the penitence of others, who have repented in words not borrowed, but their own, and yet by the doom of Scripture itself, are judged reprobates.
“Cain said unto the Lord, My iniquity is greater than I can bear: behold thou hast driven me this day from the face of the earth, and from thy face shall I be hid.”
“And when Esau heard the words of his father, he cried with an exceeding bitter cry, and said, Bless me, even me also, O my father; yet found no place of repentance, though he sought it carefully with tears.” Heb. xii.
“And Pharaoh said to Moses, The Lord is righteous, I and my people are wicked; I have sinned against the Lord your God, and against you.”
“And Balaam said, Let me die the death of the righteous, and let my last end be like his.”
“And Saul said to Samuel, I have sinned, for I have transgressed the commandment of the Lord; yet honour me now, I pray thee, before the elders of my people.”
“And when Ahab heard the words of Elijah, he rent his clothes, and put sackcloth upon his flesh, and fasted, and lay in sackcloth, and went softly.”
Edition: current; Page: [529]“Jehoram also rent his clothes, and the people looked, and behold he had sackcloth upon his flesh;” yet in the very act of his humiliation he could say, “God do so, and more also to me, if the head of Elisha shall stand on him this day.”
“Therefore saith the Lord, They have not cried unto me with their heart, when they howled upon their beds. They return, but not to the Most High.” Hosea vii.
“And Judas said, I have sinned, in that I have betrayed innocent blood.”
“And Simon Magus said, Pray ye to the Lord for me, that none of these things come upon me.”
All these took the pains both to confess and to repent in their own words, and many of them in their own tears, not in David’s. But transported with the vain ostentation of imitating David’s language, not his life, observe how he brings a curse upon himself and his father’s house (God so disposing it) by his usurped and ill-imitated prayer, “Let thy anger I beseech thee be against me and my father’s house; as for these sheep, what have they done?” For if David indeed sinned in numbering the people, of which fault he in earnest made that confession, and acquitted the whole people from the guilt of that sin; then doth this king, using the same words, bear witness against himself to be the guilty person; and either in his soul and conscience here acquits the parliament and the people, or else abuses the words of David, and dissembles grossly to the very face of God; which is apparent in the next line; wherein he accuses even the church itself to God, as if she were the church’s enemy, for having overcome his tyranny by the powerful and miraculous might of God’s manifest arm: For to other strength, in the midst of our divisions and disorders, who can attribute our victories? Thus had this miserable man no worse enemies to solicit and mature his own destruction, from the hastened sentence of divine justice, than the obdurate curses which proceeded against himself out of his own mouth.
Hitherto his meditations, now his vows; which, as the vows of hypocrites used to be, are most commonly absurd, and some wicked. Jacob vowed, that God should be his God, if he granted him but what was necessary to perform that vow, life and subsistence; but the obedience proffered here is nothing so cheap. He, who took so heinously to be offered nineteen propositions from the parliament, capitulates here with God almost in as many articles.
“If he will continue that light,” or rather that darkness of the gospel, which is among his prelates, settle their luxuries, and make them gorgeous bishops;
If he will “restore” the grievances and mischiefs of those obsolete and popish laws, which the parliament without his consent had abrogated, and will suffer justice to be executed according to his sense;
“If he will suppress the many schisms in church,” to contradict himself in that which he hath foretold must and shall come to pass, and will remove reformation as the greatest schism of all, and factions in state, by which he means in every leaf the parliament;
If he will “restore him” to his negative voice and the militia, as much as to say, to arbitrary power, which he wrongfully avers to be the “right of his predecessors;”
“If he will turn the hearts of his people” to their old cathedral and parochial service in the liturgy, and their passive obedience to the king;
Edition: current; Page: [530]“If he will quench” the army, and withdraw our forces from withstanding the piracy of Rupert, and the plotted Irish invasion;
“If he will bless him with the freedom” of bishops again in the house of peers, and of fugitive delinquents in the house of commons, and deliver the honour of parliament into his hands, from the most natural and due protection of the people, that entrusted them with the dangerous enterprise of being faithful to their country against the rage and malice of his tyrannous opposition;
“If he will keep him from that great offence” of following the counsel of his parliament, and enacting what they advise him to; which in all reason, and by the known law, and oath of his coronation, he ought to do, and not to call that sacrilege, which necessity through the continuance of his own civil war hath compelled him to; necessity, which made David eat the shewbread, made Ezekiah take all the silver which was found in God’s house, and cut off the gold which overlaid those doors and pillars, and gave it to Senacherib; necessity, which ofttimes made the primitive church to sell her sacred utensils, even to the communion-chalice;
“If he will restore him to a capacity of glorifying him by doing” that both in church and state, which must needs dishonour and pollute his name;
“If he will bring him again with peace, honour, and safety, to his chief city,” without repenting, without satisfying for the blood spilt, only for a few politic concessions, which are as good as nothing;
“If he will put again the sword into his hand, to punish” those that have delivered us, and to protect delinquents against the justice of parliament;
Then, if it be possible to reconcile contradictions, he will praise him by displeasing him, and serve him by disserving him.
“His glory,” in the gaudy copes and painted windows, mitres, rochets, altars, and the chaunted service-book, “shall be dearer to him,” than the establishing his crown in righteousness, and the spiritual power of religion.
“He will pardon those that have offended him in particular,” but there shall want no subtle ways to be even with them upon another score of their supposed offences against the commonwealth; whereby he may at once affect the glory of a seeming justice, and destroy them pleasantly, while he feigns to forgive them as to his own particular, and outwardly bewails them.
These are the conditions of his treating with God, to whom he bates nothing of what he stood upon with the parliament: as if commissions of array could deal with him also.
But of all these conditions, as it is now evident in our eyes, God accepted none, but that final petition, which he so oft, no doubt but by the secret judgment of God, importunes against his own head; praying God, “That his mercies might be so toward him, as his resolutions of truth and peace were toward his people.” It follows then, God having cut him off, without granting any of these mercies, that his resolutions were as feigned, as his vows were frustrate.
XXVI.: Upon the Army’s surprisal of the King at Holmby.
To give account to royalists what was done with their vanquished king, yielded up into our hands, is not to be expected from them, whom God hath Edition: current; Page: [531] made his conquerors. And for brethren to debate and rip up their falling out in the ear of a common enemy, thereby making him the judge, or at least the well-pleased auditor of their disagreement, is neither wise nor comely. To the king therefore, were he living, or to his party yet remaining, as to this action, there belongs no answer. Emulations, all men know, are incident among military men, and are, if they exceed not, pardonable. But some of the former army, eminent enough for their own martial deeds, and prevalent in the house of commons, touched with envy to be so far outdone by a new model which they contemned, took advantage of presbyterian and independent names, and the virulence of some ministers, to raise disturbance. And the war being then ended, thought slightly to have discarded them who had faithfully done the work, without their due pay, and the reward of their invincible valour. But they who had the sword yet in their hands, disdaining to be made the first objects of ingratitude and oppression, after all that expense of their blood for justice, and the common liberty, seized upon the king their prisoner, whom nothing but their matchless deeds had brought so low as to surrender up his person: though he, to stir up new discord, chose rather to give up himself a captive to his own countrymen, who less had won him. This in likelihood might have grown to some height of mischief, partly through the strife which was kindling between our elder and our younger warriors, but chiefly through the seditious tongues of some false ministers, more zealous against schisms, than against their own simony and pluralities, or watchful of the common enemy, whose subtile insinuations had got so far in among them, as with all diligence to blow the coals. But it pleased God, not to embroil and put to confusion his whole people for the perverseness of a few. The growth of our dissension was either prevented, or soon quieted: the enemy soon deceived of his rejoicing, and the king especially disappointed of not the meanest morsel that his hope presented him, to ruin us by our division. And being now so nigh the end, we may the better be at leisure to stay a while, and hear him commenting upon his own captivity.
He saith of his surprisal, that it was a “motion eccentric and irregular.” What then? his own allusion from the celestial bodies puts us in mind, that irregular motions may be necessary on earth sometimes, as well as constantly in heaven. This is not always best, which is most regular to written law. Great worthies heretofore by disobeying law, ofttimes have saved the commonwealth; and the law afterward by firm decree hath approved that planetary motion, that unblameable exorbitancy in them.
He means no good to either independent or presbyterian, and yet his parable, like that of Balaam, is overruled to portend them good, far beside his intention. Those twins, that strove enclosed in the womb of Rebecca, were the seed of Abraham; the younger undoubtedly gained the heavenly birthright; the elder, though supplanted in his simile, shall yet no question find a better portion than Esau found, and far above his uncircumcised prelates.
He censures, and in censuring seems to hope it will be an ill omen, that they who build Jerusalem divided their tongues and hands. But his hope failed him with his example; for that there were divisions both of tongues and hands at the building of Jerusalem, the story would have certified him; and yet the work prospered; and if God will, so may this, notwithstanding all the craft and malignant wiles of Sanballat and Tobiah, adding what fuel they can to our dissensions; or the indignity of his comparison, that likens us to those seditious zealots, whose intestine fury brought destruction to the last Jerusalem.
Edition: current; Page: [532]It being now no more in his hand to be revenged on his opposers, he seeks to satiate his fancy with the imagination of some revenge upon them from above; and like one who in a drowth observes the sky, he sits and watches when any thing will drop, that might solace him with the likeness of a punishment from Heaven upon us; which he straight expounds how he pleases. No evil can befall the parliament or city, but he positively interprets it a judgment upon them for his sake: as if the very manuscript of God’s judgments had been delivered to his custody and exposition. But his reading declares it well to be a false copy which he uses; dispensing often to his own bad deeds and successes the testimony of divine favour, and to the good deeds and successes of other men divine wrath and vengeance. But to counterfeit the hand of God, is the boldest of all forgery: And he who without warrant, but his own fantastic surmise, takes upon him perpetually to unfold the secret and unsearchable mysteries of high providence, is likely for the most part to mistake and slander them; and approaches to the madness of those reprobate thoughts, that would wrest the sword of justice out of God’s hand, and employ it more justly in their own conceit. It was a small thing, to contend with the parliament about the sole power of the militia, when we see him doing little less than laying hands on the weapons of God himself, which are his judgments, to wield and manage them by the sway and bent of his own frail cogitations. Therefore “they that by tumults first occasioned the raising of armies” in his doom must needs “be chastened by their own army for new tumults.”
First, note here his confession, that those tumults were the first occasion of raising armies, and by consequence that he himself raised them first, against those supposed tumults. But who occasioned those tumults, or who made them so, being at first nothing more than the unarmed and peaceable concourse of people, hath been discussed already. And that those pretended tumults were chastised by their own army for new tumults, is not proved by a game at tic-tac with words; “tumults and armies, armies and tumults,” but seems more like the method of a justice irrational than divine.
If the city were chastened by the army for new tumults, the reason is by himself set down evident and immediate, “their new tumults.” With what sense can it be referred then to another far-fetched and imaginary cause, that happened so many years before, and in his supposition only as a cause? Manlius defended the Capitol and the Romans from their enemies the Gauls: Manlius for sedition afterward was by the Romans thrown headlong from the Capitol; therefore Manlius was punished by divine justice for defending the Capitol, because in that place punished for sedition, and by those whom he defended. This is his logic upon divine justice; and was the same before upon the death of Sir John Hotham. And here again, “such as were content to see him driven away by unsuppressed tumults, are now forced to fly to an army.” Was this a judgment? Was it not a mercy rather, that they had a noble and victorious army so near at hand to fly to?
From God’s justice he comes down to man’s justice. Those few of both houses, who at first withdrew with him for the vain pretence of tumults, were counted deserters; therefore those many must be also deserters, who withdrew afterwards from real tumults: as if it were the place that made a parliament, and not the end and cause. Because it is denied that those were tumults, from which the king made show of being driven, is it therefore of necessity implied, that there could be never any tumults for the future? If some men fly in craft, may not other men have cause to fly in Edition: current; Page: [533] earnest? But mark the difference between their flight and his; they soon returned in safety to their places, he not till after many years, and then a captive to receive his punishment. So that their flying, whether the cause be considered, or the event, or both, neither justified him, nor condemned themselves.
But he will needs have vengeance to pursue and overtake them; though to bring it in, cost him an inconvenient and obnoxious comparison, “As the mice and rats overtook a German bishop.” I would our mice and rats had been as orthodoxal here, and had so pursued all his bishops out of England; then vermin had rid away vermin, which now hath lost the lives of too many thousand honest men to do.
“He cannot but observe this divine justice, yet with sorrow and pity.” But sorrow and pity in a weak and overmastered enemy is looked upon no otherwise than as the ashes of his revenge burnt out upon himself: or as the damp of a cooled fury, when we say, it gives. But in this manner to sit spelling and observing divine justice upon every accident and slight disturbance, that may happen humanly to the affairs of men, is but another fragment of his broken revenge; and yet the shrewdest and the cunningest obloquy, that can be thrown upon their actions. For if he can persuade men, that the parliament and their cause is pursued with divine vengeance, he hath attained his end, to make all men forsake them, and think the worst that can be thought of them.
Nor is he only content to suborn divine justice in his censure of what is past, but he assumes the person of Christ himself, to prognosticate over us what he wishes would come. So little is any thing or person sacred from him, no not in heaven, which he will not use, and put on, if it may serve him plausibly to wreak his spleen, or ease his mind upon the parliament. Although, if ever fatal blindness did both attend and punish wilfulness, if ever any enjoyed not comforts for neglecting counsel belonging to their peace, it was in none more conspicuously brought to pass than in himself: and his predictions against the parliament and their adherents have for the most part been verified upon his own head, and upon his chief counsellors.
He concludes with high praises of the army. But praises in an enemy are superfluous, or smell of craft; and the army shall not need his praises, nor the parliament fare worse for his accusing prayers that follow. Wherein, as his charity can be no way comparable to that of Christ, so neither can his assurance, that they whom he seems to pray for, in doing what they did against him, “knew not what they did.” It was but arrogance therefore, and not charity, to lay such ignorance to others in the sight of God, till he himself had been infallible, like him whose peculiar words he overweeningly assumes.
XXVII.: Entitled, To the Prince of Wales.
What the king wrote to his son, as a father, concerns not us; what he wrote to him as king of England, concerns not him; God and the parliament having now otherwise disposed of England. But because I see it done with some artifice and labour, to possess the people, that they might amend their present condition, by his, or by his son’s restorement, I shall show point by point, that although the king had been reinstalled to his desire, or that his son admitted should observe exactly all his father’s precepts, yet that this would be so far from conducing to our happiness, either as a Edition: current; Page: [534] remedy to the present distempers, or a prevention of the like to come, that it would inevitably throw us back again into all our past and fulfilled miseries; would force us to fight over again all our tedious wars, and put us to another fatal struggling for liberty and life, more dubious than the former. In which, as our success hath been no other than our cause; so it will be evident to all posterity, that his misfortunes were the mere consequence of his perverse judgment.
First, he argues from the experience of those troubles, which both he and his son have had, to the improvement of their piety and patience; and by the way bears witness in his own words, that the corrupt education of his youth, which was but glanced at only in some former passages of this answer, was a thing neither of mean consideration, nor untruly charged upon him or his son: himself confessing here, that “court-delights are prone either to root up all true virtue and honour, or to be contented only with some leaves and withering formalities of them, without any real fruits tending to the public good.” Which presents him still in his own words another Rehoboam, softened by a far worse court than Solomon’s, and so corrupted by flatteries, which he affirms to be unseparable, to the overturning of all peace, and the loss of his own honour and kingdoms. That he came therefore thus bred up and nurtured to the throne far worse than Rehoboam, unless he be of those who equalized his father to King Solomon, we have here his own confession. And how voluptuously, how idly reigning in the hands of other men, he either tyrannized or trifled away those seventeen years of peace, without care or thought, as if to be a king had been nothing else in his apprehension, but to eat and drink, and have his will, and take his pleasure; though there be who can relate his domestic life to the exactness of a diary, there shall be here no mention made. This yet we might have then foreseen, that he who spent his leisure so remissly and so corruptly to his own pleasing, would one day or other be worse busied and employed to our sorrow. And that he acted in good earnest what Rehoboam did but threaten, to make his little finger heavier than his father’s loins, and to whip us with two-twisted scorpions, both temporal and spiritual tyranny, all his kingdoms have felt. What good use he made afterwards of his adversity, both his impenitence and obstinacy to the end, (for he was no Manasseh,) and the sequel of these his meditated resolutions, abundantly express: retaining, commending, teaching, to his son all those putrid and pernicious documents both of state and of religion, instilled by wicked doctors, and received by him as in a vessel nothing better seasoned, which were the first occasion both of his own and all our miseries. And if he, in the best maturity of his years and understanding, made no better use to himself or others of his so long and manifold afflictions, either looking up to God, or looking down upon the reason of his own affairs; there can be no probability, that his son, bred up, not in the soft effeminacies of a court only, but in the rugged and more boisterous license of undisciplined camps and garrisons, for years unable to reflect with judgment upon his own condition, and thus ill instructed by his father, should give his mind to walk by any other rules than these, bequeathed him as on his father’s death-bed, and as the choicest of all that experience, which his most serious observation and retirement in good or evil days had taught him. David indeed, by suffering without just cause, learned that meekness and that wisdom by adversity, which made him much the fitter man to reign. But they who suffer as oppressors, tyrants, violaters of law, and persecutors of reformation, without appearance of repenting; if they once get hold again of that dignity and power, which they had lost, are but Edition: current; Page: [535] whetted and enraged by what they suffered, against those whom they look upon as them that caused their sufferings.
How he hath been “subject to the sceptre of God’s word and spirit,” though acknowledged to be the best government; and what his dispensation of civil power hath been, with what justice, and what honour to the public peace; it is but looking back upon the whole catalogue of his deeds, and that will be sufficient to remember us. “The cup of God’s physic,” as he calls it, what alteration it wrought in him to a firm healthfulness from any surfeit, or excess whereof the people generally thought him sick, if any man would go about to prove, we have his own testimony following here, that it wrought none at all.
First, he hath the same fixed opinion and esteem of his old Ephesian goddess, called the Church of England, as he had ever; and charges strictly his son after him to persevere in that antipapal schism, (for it is not much better,) as that which will be necessary both for his soul’s and the kingdom’s peace. But if this can be any foundation of the kingdom’s peace, which was the first cause of our distractions, let common sense be judge. It is a rule and principle worthy to be known by Christians, that no Scripture, no nor so much as any ancient creed, binds our faith, or our obedience to any church whatsoever, denominated by a particular name; far less, if it be distinguished by a several government from that which is indeed catholic. No man was ever bid be subject to the church of Corinth, Rome, or Asia, but to the church without addition, as it held faithful to the rules of Scripture, and the government established in all places by the apostles; which at first was universally the same in all churches and congregations; not differing or distinguished by the diversity of countries, territories, or civil bounds. That church, that from the name of a distinct place takes authority to set up a distinct faith or government, is a schism and faction, not a church. It were an injury to condemn the papist of absurdity and contradiction, for adhering to his catholic Romish religion, if we, for the pleasure of a king and his politic considerations, shall adhere to a Catholic English.
But suppose the church of England were as it ought to be, how is it to us the safer by being so named and established, whenas that very name and establishment, by this contriving, or approbation, served for nothing else but to delude us and amuse us, while the church of England insensibly was almost changed and translated into the church of Rome. Which as every man knows in general to be true, so the particular treaties and transactions tending to that conclusion are at large discovered in a book entitled the “English Pope.” But when the people, discerning these abuses, began to call for reformation, in order to which the parliament demanded of the king to unestablish that prelatical government, which without Scripture had usurped over us; straight as Pharaoh accused of idleness the Israelites that sought leave to go and sacrifice to God, he lays faction to their charge. And that we may not hope to have ever any thing reformed in the church either by him or his son, he forewarns him, “that the devil of rebellion doth most commonly turn himself into an angel of reformation:” and says enough to make him hate it, as the worst of evils, and the bane of his crown: nay he counsels him to “let nothing seem little or despicable to him, so as not speedily and effectually to suppress errors and schisms.” Whereby we may perceive plainly, that our consciences were destined to the same servitude and persecution, if not worse than before, whether under him, or if it should so happen, under his son; who count all protestant churches erroneous and schismatical, which are not episcopal. His next Edition: current; Page: [536] precept is concerning our civil liberties; which by his sole voice and predominant will must be circumscribed, and not permitted to extend a hand’s breadth further than his interpretation of the laws already settled. And although all human laws are but the offspring of that frailty, that fallibility and imperfection, which was in their authors, whereby many laws in the change of ignorant and obscure ages, may be found both scandalous, and full of grievance to their posterity that made them, and no law is further good than mutable upon just occasion; yet if the removing of an old law, or the making of a new, would save the kingdom, we shall not have it, unless his arbitrary voice will so far slacken the stiff curb of his prerogative, as to grant it us; who are as freeborn to make our own laws, as our fathers were, who made these we have. Where are then the English liberties, which we boast to have been left us by our progenitors? To that he answers, that “our liberties consist in the enjoyment of the fruits of our industry, and the benefit of those laws, to which we ourselves have consented.” First, for the enjoyment of those fruits, which our industry and labours have made our own upon our own, what privilege is that above what the Turks, Jews, and Moors enjoy under the Turkish monarchy? For without that kind of justice, which is also in Algiers, among thieves and pirates between themselves, no kind of government, no society, just or unjust, could stand; no combination or conspiracy could stick together. Which he also acknowledges in these words: “that if the crown upon his head be so heavy as to oppress the whole body, the weakness of inferior members cannot return any thing of strength, honour, or safety to the head; but that a necessary debilitation must follow.” So that this liberty of this subject concerns himself and the subsistence of his own regal power in the first place, and before the consideration of any right belonging to the subject. We expect therefore something more, that must distinguish free government from slavish. But instead of that, this king, though ever talking and protesting as smooth as now, suffered it in his own hearing to be preached and pleaded without control or check, by them whom he most favoured and upheld, that the subject had no property of his own goods, but that all was the king’s right.
Next, for the “benefit of those laws, to which we ourselves have consented,” we never had it under him; for not to speak of laws ill executed, when the parliament, and in them the people, have consented to divers laws, and, according to our ancient rights, demanded them, he took upon him to have a negative will, as the transcendant and ultimate law above all our laws; and to rule us forcibly by laws, to which we ourselves did not consent, but complained of. Thus these two heads, wherein the utmost of his allowance here will give our liberties leave to consist, the one of them shall be so far only made good to us, as may support his own interest and crown from ruin or debilitation; and so far Turkish vassals enjoy as much liberty under Mahomet and the Grand Signior: the other we neither yet have enjoyed under him, nor were ever like to do under the tyranny of a negative voice, which he claims above the unanimous consent and power of a whole nation, virtually in the parliament.
In which negative voice to have been cast by the doom of war, and put to death by those who vanquished him in their own defence, he reckons to himself more than a negative martyrdom. But martyrs bear witness to the truth, not to themselves. If I bear witness of myself, saith Christ, my witness is not true. He who writes himself martyr by his own inscription, is like an ill painter, who, by writing on a shapeless picture which he hath drawn, is fain to tell passengers what shape it is: which else no man could Edition: current; Page: [537] imagine: no more than how a martyrdom can belong to him, who therefore dies for his religion, because it is established. Certainly if Agrippa had turned Christian, as he was once turning, and had put to death scribes and Pharisees for observing the law of Moses, and refusing Christianity, they had died a truer martyrdom. For those laws were established by God and Moses, these by no warrantable authors of religion, whose laws in all other best reformed churches are rejected. And if to die for an establishment of religion be martyrdom, then Romish priests executed for that, which had so many hundred years been established, in this land, are no worse martyrs than he. Lastly, if to die for the testimony of his own conscience, be enough to make him a martyr, what heretic dying for direct blasphemy, as some have done constantly, may not boast a martyrdom. As for the constitution or repeal of civil laws, that power lying only in the parliament, which he by the very law of his coronation was to grant them, not to debar them, not to preserve a lesser law with the contempt and violation of a greater; it will conclude him not so much as in a civil and metaphorical sense to have died a martyr of our laws, but a plain transgressor of them. And should the parliament, endued with legislative power, make our laws, and be after to dispute them piece-meal with the reason, conscience, humour, passion, fancy, folly, obstinacy, or other ends of one man, whose sole word and will shall baffle and unmake what all the wisdom of a parliament hath been deliberately framing; what a ridiculous and contemptible thing a parliament would soon be, and what a base unworthy nation we, who boast our freedom, and send them with the manifest peril of their lives to preserve it, they who are not marked by destiny for slaves may apprehend! In this servile condition to have kept us still under hatches, he both resolves here to the last, and so instructs his son.
As to those offered condescensions of a “charitable connivance, or toleration,” if we consider what went before, and what follows, they moulder into nothing. For, what with not suffering ever so little to seem a despicable schism, without effectual suppression, as he warned him before, and what with no opposition of law, government, or established religion to be permitted, which is his following proviso, and wholly within his own construction; what a miserable and suspected toleration, under spies and haunting promooters, we should enjoy, is apparent. Besides that it is so far beneath the honour of a parliament and free nation, to beg and supplicate the godship of one frail man, for the bare and simple toleration of what they all consent to be both just, pious, and best pleasing to God, while that which is erroneous, unjust, and mischievous in the church or state, shall by him alone against them all be kept up and established, and they censured the while for a covetous, ambitious, and sacrilegious faction.
Another bait to allure the people is the charge he lays upon his son to be tender of them. Which if we should believe in part, because they are his herd, his cattle, the stock upon his ground, as he accounts them, whom to waste and destroy would undo himself, yet the inducement, which he brings to move him, renders the motion itself something suspicious. For if princes need no palliations, as he tells his son, wherefore is it that he himself hath so often used them? Princes, of all other men, have not more change of raiment in their wardrobes, than variety of shifts and palliations in their solemn actings and pretences to the people.
To try next if he can ensnare the prime men of those who have opposed him, whom, more truly than his meaning was, he calls the “patrons and vindicators of the people,” he gives out indemnity, and offers acts of oblivion. But they who with a good conscience and upright heart did their Edition: current; Page: [538] civil duties in the sight of God, and in their several places, to resist tyranny and the violence of superstition banded both against them, he may be sure will never seek to be forgiven that, which may be justly attributed to their immortal praise; nor will assent ever to the guilty blotting out of those actions before men, by which their faith assures them they chiefly stand approved, and are had in remembrance before the throne of God.
He exhorts his son “not to study revenge.” But how far he, or at least they about him, intend to follow that exhortation, was seen lately at the Hague, and now lateliest at Madrid; where to execute in the basest manner, though but the smallest part of that savage and barbarous revenge, which they do nothing else but study and contemplate, they cared not to let the world know them for professed traitors and assassinators of all law both divine and human, even of that last and most extensive law kept inviolable to public persons among all fair enemies in the midst of uttermost defiance and hostility. How implacable therefore they would be, after any terms of closure or admittance for the future, or any like opportunity given them hereafter, it will be wisdom and our safety to believe rather, and prevent, than to make trial. And it will concern the multitude, though courted here, to take heed how they seek to hide or colour their own fickleness and instability with a bad repentance of their well-doing, and their fidelity to the better cause; to which at first so cheerfully and conscientiously they joined themselves.
He returns again to extol the church of England, and again requires his son by the joint authority of “a father and a king, not to let his heart receive the least check or disaffection against it.” And not without cause, for by that means, “having sole influence upon the clergy, and they upon the people, after long search and many disputes,” he could not possibly find a more compendious and politic way to uphold and settle tyranny, than by subduing first the consciences of vulgar men, with the insensible poison of their slavish doctrine: for then the body and besotted mind without much reluctancy was likeliest to admit the yoke.
He commends also “parliaments held with freedom and with honour.” But I would ask how that can be, while he only must be the sole free person in that number; and would have the power with his accountable denial, to dishonour them by rejecting all their counsels, to confine their lawgiving power, which is the foundation of our freedom, and to change at his pleasure the very name of a parliament into the name of a faction.
The conclusion therefore must needs be quite contrary to what he concludes; that nothing can be more unhappy, more dishonourable, more unsafe for all, than when a wise, grave, and honourable parliament shall have laboured, debated, argued, consulted, and, as he himself speaks, “contributed” for the public good all their counsels in common, to be then frustrated, disappointed, denied and repulsed by the single whiff of a negative, from the mouth of one wilful man; nay, to be blasted, to be struck as mute and motionless as a parliament of tapestry in the hangings; or else after all their pains and travel to be dissolved, and cast away like so many noughts in arithmetic, unless it be to turn the O of their insignificance into a lamentation with the people, who had so vainly sent them. For this is not to “enact all things by public consent,” as he would have us be persuaded, this is to enact nothing but by the private consent and leave of one not negative tyrant; this is mischief without remedy, a stifling and obstructing evil that hath no vent, no outlet, no passage through: grant him this, and the parliament hath no more freedom than if it sat in his noose, which when he pleases to draw together with one twitch of his negative, Edition: current; Page: [539] shall throttle a whole nation, to the wish of Caligula, in one neck. This with the power of the militia in his own hands over our bodies and estates, and the prelates to enthral our consciences either by fraud or force, is the sum of that happiness and liberty we were to look for, whether in his own restitution, or in these precepts given to his son. Which unavoidably would have set us in the same state of misery, wherein we were before; and have either compelled us to submit like bondslaves, or put us back to a second wandering over that horrid wilderness of distraction and civil slaughter, which, not without the strong and miraculous hand of God assisting us, we have measured out, and survived. And who knows, if we make so slight of this incomparable deliverance, which God hath bestowed upon us, but that we shall, like those foolish Israelites, who deposed God and Samuel to set up a king, “cry out” one day, “because of our king,” which we have been mad upon; and then God, as he foretold them, will no more deliver us.
There remains now but little more of his discourse, whereof to take a short view will not be amiss. His words make semblance as if he were magnanimously exercising himself, and so teaching his son, “to want as well as to wear a crown;” and would seem to account it “not worth taking up or enjoying, upon sordid, dishonourable, and irreligious terms;” and yet to his very last did nothing more industriously, than strive to take up and enjoy again his sequestered crown, upon the most sordid, disloyal, dishonourable, and irreligious terms, not of making peace only, but of joining and incorporating with the murderous Irish, formerly by himself declared against, for wicked and detestable rebels, odious to God and all good men.” And who but those rebels now are the chief strength and confidence of his son? While the presbyter Scot that woos and solicits him, is neglected and put off, as if no terms were to him sordid, irreligious, and dishonourable, but the Scottish and presbyterian, never to be complied with, till the fear of instant perishing starve him out at length to some unsound and hypocritical agreement.
He bids his son “keep to the true principles of piety, virtue, and honour, and he shall never want a kingdom.” And I say, people of England! keep ye to those principles, and ye shall never want a king. Nay, after such a fair deliverance as this, with so much fortitude and valour shown against a tyrant, that people that should seek a king, claiming what this man claims, would show themselves to be by nature slaves, and arrant beasts; not fit for that liberty, which they cried out and bellowed for, but fitter to be led back again into their old servitude, like a sort of clamouring and fighting brutes, broke loose from their copy-holds, that know not how to use or possess the liberty which they fought for; but with the fair words and promises of an old exasperated foe, are ready to be stroked and tamed again, into the wonted and well-pleasing state of their true Norman villainage, to them best agreeable.
The last sentence, whereon he seems to venture the whole weight of all his former reasons and argumentations, “That religion to their God, and loyalty to their king, cannot be parted, without the sin and infelicity of a people,” is contrary to the plain teaching of Christ, that “No man can serve two masters; but, if he hold to the one, he must reject and forsake the other.” If God, then, and earthly kings be for the most part not several only, but opposite masters, it will as oft happen, that they who will serve their king must forsake their God; and they who will serve God must forsake their king; which then will neither be their sin, nor their infelicity; but their wisdom, their piety, and their true happiness; as to be Edition: current; Page: [540] deluded by these unsound and subtle ostentations here, would be their misery; and in all likelihood much greater than what they hitherto have undergone: if now again intoxicated and moped with these royal, and therefore so delicious because royal, rudiments of bondage, the cup of deception, spiced and tempered to their bane, they should deliver up themselves to these glozing words and illusions of him, whose rage and utmost violence they have sustained, and overcome so nobly.
XXVIII.: Entitled Meditations upon Death.
It might be well thought by him, who reads no further than the title of this last essay, that it required no answer. For all other human things are disputed, and will be variously thought of to the world’s end. But this business of death is a plain case, and admits no controversy: in that centre all opinions meet. Nevertheless, since out of those few mortifying hours, that should have been intirest to themselves, and most at peace from all passion and disquiet, he can afford spare time to inveigh bitterly against that justice which was done upon him; it will be needful to say something in defence of those proceedings, though briefly, in regard so much on this subject hath been written lately.
It happened once, as we find in Esdras and Josephus, authors not less believed than any under sacred, to be a great and solemn debate in the court of Darius, what thing was to be counted strongest of all other. He that could resolve this, in reward of his excellent wisdom, should be clad in purple, drink in gold, sleep on a bed of gold, and sit next Darius. None but they doubtless who were reputed wise, had the question propounded to them: who after some respite given them by the king to consider, in full assembly of all his lords and gravest counsellors, returned severally what they thought. The first held, that wine was strongest, another that the king was strongest. But Zorobabel prince of the captive Jews, and heir to the crown of Judah, being one of them, proved women to be stronger than the king, for that he himself had seen a concubine take his crown from off his head to set it upon her own: and others besides him have likewise seen the like feat done, and not in jest. Yet he proved on, and it was so yielded by the king himself, and all his sages, that neither wine, nor women, nor the king, but truth of all other things was the strongest. For me, though neither asked, nor in a nation that gives such rewards to wisdom, I shall pronounce my sentence somewhat different from Zorobabel; and shall defend that either truth and justice are all one, (for truth is but justice in our knowledge, and justice is but truth in our practice; and he indeed so explains himself, in saying that with truth is no accepting of persons, which is the property of justice,) or else if there be any odds, that justice, though not stronger than truth, yet by her office is to put forth and exhibit more strength in the affairs of mankind. For truth is properly no more than contemplation; and her utmost efficiency is but teaching: but justice in her very essence is all strength and activity; and hath a sword put into her hand, to use against all violence and oppression on the earth. She it is most truly, who accepts no person, and exempts none from the severity of her stroke. She never suffers injury to prevail, but when falsehood first prevails over truth; and that also is a kind of justice done on them who are so deluded. Though wicked kings and tyrants counterfeit her sword, as some did that buckler, fabled to fall Edition: current; Page: [541] from heaven into the capitol, yet she communicates her power to none but such as like herself are just, or at least will do justice. For it were extreme partiality and injustice, the flat denial and overthrow of herself, to put her own authentic sword into the hand of an unjust and wicked man, or so far to accept and exalt one mortal person above his equals, that he alone shall have the punishing of all other men transgressing, and not receive like punishment from men, when he himself shall be found the highest transgressor.
We may conclude therefore, that justice, above all other things, is and ought to be the strongest: she is the strength, the kingdom, the power, and majesty of all ages. Truth herself would subscribe to this, though Darius and all the monarchs of the world should deny. And if by sentence thus written, it were my happiness to set free the minds of Englishmen from longing to return poorly under that captivity of kings, from which the strength and supreme sword of justice hath delivered them, I shall have done a work not much inferior to that of Zorobabel: who by well praising and extolling the force of truth, in that contemplative strength conquered Darius; and freed his country and the people of God, from the captivity of Babylon. Which I shall yet not despair to do, if they in this land, whose minds are yet captive, be but as ingenuous to acknowledge the strength and supremacy of justice, as that heathen king was to confess the strength of truth: or let them but, as he did, grant that, and they will soon perceive, that truth resigns all her outward strength to justice: justice therefore must needs be strongest, both in her own, and in the strength of truth. But if a king may do among men whatsoever is his will and pleasure, and notwithstanding be unaccountable to men, then contrary to his magnified wisdom of Zorobabel, neither truth nor justice, but the king, is strongest of all other things, which that Persian monarch himself, in the midst of all his pride and glory, durst not assume.
Let us see therefore what this king hath to affirm, why the sentence of justice, and the weight of that sword, which she delivers into the hands of men, should be more partial to him offending, than to all others of human race. First, he pleads, that “no law of God or man gives to subjects any power of judicature without or against him.” Which assertion shall be proved in every part to be most untrue. The first express law of God given to mankind was that to Noah, as a law, in general, to all the sons of men. And by that most ancient and universal law, “Whosoever sheddeth man’s blood, by man shall his blood be shed;” we find here no exception. If a king therefore do this, to a king, and that by men also, the same shall be done. This in the law of Moses, which came next, several times is repeated, and in one place remarkably, Numb. xxxv. “Ye shall take no satisfaction for the life of a murderer, but he shall surely be put to death: the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it.” This is so spoken as that which concerned all Israel, not one man alone, to see performed; and if no satisfaction were to be taken, then certainly no exception. Nay, the king, when they should set up any, was to observe the whole law, and not only to see it done, but to “do it; that his heart might not be lifted up above his brethren;” to dream of vain and useless prerogatives or exemptions, whereby the law itself must needs be founded in unrighteousness.
And were that true, which is most false, that all kings are the Lord’s anointed, it were yet absurd to think that the anointment of God should be, as it were, a charm against law, and give them privilege, who punish others, to sin themselves unpunishably. The high priest was the Lord’s Edition: current; Page: [542] anointed as well as any king, and with the same consecrated oil: yet Solomon had put to death Abiathar, had it not been for other respects than that anointment. If God himself say to kings, “touch not mine anointed,” meaning his chosen people, as is evident in that psalm, yet no man will argue thence, that he protects them from civil laws if they offend; then certainly, though David as a private man, and in his own cause, feared to lift his hand against the Lord’s anointed, much less can this forbid the law, or disarm justice from having legal power against any king. No other supreme magistrate, in what kind of government soever, lays claim to any such enormous privilege; wherefore then should any king, who is but one kind of magistrate, and set over the people for no other end than they?
Next in order of time to the laws of Moses are those of Christ, who declares professedly his judicature to be spiritual, abstract from civil managements, and therefore leaves all nations to their own particular laws, and way of government. Yet because the church hath a kind of jurisdiction within her own bounds, and that also, though in process of time much corrupted and plainly turned into a corporal judicature, yet much approved by this king; it will be firm enough and valid against him, if subjects, by the laws of church also, be “invested with a power of judicature” both without and against their king, though pretending, and by them acknowledged, “next and immediately under Christ, supreme head and governor.” Theodosius, one of the best Christian emperors, having made a slaughter of the Thessalonians for sedition, but too cruelly, was excommunicated to his face by St. Ambrose, who was his subject; and excommunion is the utmost of ecclesiastical judicature, a spiritual putting to death. But this, ye will say, was only an example. Read then the story; and it will appear, both that Ambrose avouched it for the law of God, and Theodosius confessed it of his own accord to be so; “and that the law of God was not to be made void in him, for any reverence to his imperial power.” From hence, not to be tedious, I shall pass into our own land of Britain; and show that subjects here have exercised the utmost of spiritual judicature, and more than spiritual, against their kings, his predecessors. Vortiger, for committing incest with his daughter, was by St. German, at that time his subject, cursed and condemned in a British council about the year 448; and thereupon soon after was deposed. Mauricus, a king in Wales, for breach of oath and the murder of Cynetus, was excommunicated and cursed, with all his offspring, by Oudoceus, bishop of Llandaff, in full synod, about the year 560; and not restored, till he had repented. Morcant, another king in Wales, having slain Frioc his uncle, was fain to come in person, and receive judgment from the same bishop and his clergy; who upon his penitence acquitted him, for no other cause than lest the kingdom should be destitute of a successor in the royal line. These examples are of the primitive, British, and episcopal church; long ere they had any commerce or communion with the church of Rome. What power afterwards of deposing kings, and so consequently of putting them to death, was assumed and practised by the canon law, I omit, as a thing generally known. Certainly, if whole councils of the Romish church have in the midst of their dimness discerned so much of truth, as to decree at Constance, and at Basil, and many of them to avouch at Trent also, that a council is above the pope, and may judge him, though by them not denied to be the vicar of Christ, we in our clearer light may be ashamed not to discern further, that a parliament is by all equity and right above a king, and may judge him, whose reasons and pretensions to hold of God only, as his immediate vicegerent, we know how far fetched they are, and insufficient.
Edition: current; Page: [543]As for the laws of man, it would ask a volume to repeat all that might be cited in this point against him from all antiquity. In Greece, Orestes, the son of Agamemnon, and by succession king of Argos, was in that country judged and condemned to death for killing his mother: whence escaping, he was judged again, though a stranger, before the great council of Areopagus in Athens. And this memorable act of judicature was the first, that brought the justice of that grave senate into fame and high estimation over all Greece for many ages after. And in the same city, tyrants were to undergo legal sentence by the laws of Solon. The kings of Sparta, though descended lineally from Hercules, esteemed a god among them, were often judged, and sometimes put to death, by the most just and renowned laws of Lycurgus; who, though a king, thought it most unequal to bind his subjects by any law, to which he bound not himself. In Rome, the laws made by Valerius Publicola, soon after the expelling of Tarquin and his race, expelled without a written law, the law being afterward written; and what the senate decreed against Nero, that he should be judged and punished according to the laws of their ancestors, and what in like manner was decreed against other emperors, is vulgarly known; as it was known to those heathen, and found just by nature ere any law mentioned it. And that the Christian civil law warrants like power of judicature to subjects against tyrants, is written clearly by the best and famousest civilians. For if it was decreed by Theodosius, and stands yet firm in the code of Justinian, that the law is above the emperor, then certainly the emperor being under law, the law may judge him; and if judge him, may punish him, proving tyrannous: how else is the law above him, or to what purpose? These are necessary deductions; and thereafter hath been done in all ages and kingdoms, oftener than to be here recited.
But what need we any further search after the law of other lands, for that which is so fully and so plainly set down lawful in our own? Where ancient books tell us, Bracton, Fleta, and others, that the king is under law, and inferior to his court of parliament; that although his place “to do justice” be highest, yet that he stands as liable “to receive justice” as the meanest of his kingdom. Nay, Alfred the most worthy king, and by some accounted first absolute monarch of the Saxons here, so ordained; as is cited out of an ancient law-book called the “Mirror;” in “Rights of the Kingdom,” p. 31, where it is complained on “as the sovereign abuse of all,” that “the king should be deemed above the law, whereas he ought to be the subject to it by his oath.” Of which oath anciently it was the last clause, that the king “should be as liable, and obedient to suffer right, as others of his people.” And indeed it were but fond and senseless, that the king should be accountable to every petty suit in lesser courts, as we all know he was, and not be subject to the judicature of parliament in the main matters of our common safety or destruction; that he should be answerable in the ordinary course of law for any wrong done to a private person, and not answerable in court of parliament for destroying the whole kingdom. By all this, and much more that might be added, as in an argument over-copious rather than barren, we see it manifest that all laws, both of God and man, are made without exemption of any person whomsoever; and that if kings presume to overtop the law by which they reign for the public good, they are by law to be reduced into order; and that can no way be more justly, than by those who exalt them to that high place. For who should better understand their own laws, and when they are transgrest, than they who are governed by them, and whose consent first made them? Edition: current; Page: [544] And who can have more right to take knowledge of things done within a free nation, than they within themselves?
Those objected oaths of allegiance and supremacy we swore, not to his person, but as it was invested with his authority; and his authority was by the people first given him conditionally, in law, and under law, and under oath also for the kingdom’s good, and not otherwise; the oaths then were interchanged, and mutual; stood and fell together; he swore fidelity to his trust; (not as a deluding ceremony, but as a real condition of their admitting him for king; and the conqueror himself swore it oftener than at his crowning;) they swore homage and fealty to his person in that trust. There was no reason why the kingdom should be further bound by oaths to him, than he by his coronation oath to us, which he hath every way broken: and having broken, the ancient crown oath of Alfred above mentioned conceals not his penalty.
As for the covenant, if that be meant, certainly no discreet person can imagine it should bind us to him in any stricter sense than those oaths formerly. The acts of hostility, which we received from him, were no such dear obligements, that we should owe him more fealty and defence for being our enemy, than we could before when we took him only for a king. They were accused by him and his party, to pretend liberty and reformation, but to have no other end than to make themselves great, and to destroy the king’s person and authority. For which reason they added that third article, testifying to the world, that as they were resolved to endeavour first a reformation in the church, to extirpate prelacy, to preserve the rights of parliament, and the liberties of the kingdom, so they intended, so far as it might consist with the preservation and defence of these, to preserve the king’s person and authority; but not otherwise. As far as this comes to, they covenant and swear in the sixth article, to preserve and defend the persons and authority of one another, and all those that enter into that league; so that this covenant gives no unlimitable exemption to the king’s person, but gives to all as much defence and preservation as to him, and to him as much as to their own persons, and no more; that is to say, in order and subordination to those main ends, for which we live and are a nation of men joined in society either Christian, or at least human. But if the covenant were made absolute, to preserve and defend any one whomsoever, without respect had, either to the true religion, or those other superior things to be defended and preserved however, it cannot then be doubted, but that the covenant was rather a most foolish, hasty, and unlawful vow, than a deliberate and well-weighed covenant; swearing us into labyrinths and repugnances, no way to be solved or reconciled, and therefore no way to be kept; as first offending against the law of God, to vow the absolute preservation, defence, and maintaining of one man, though in his sins and offences never so great and heinous against God or his neighbour; and to except a person from justice, whereas his law excepts none. Secondly, it offends against the law of this nation, wherein, as hath been proved, kings in receiving justice, and undergoing due trial, are not differenced from the meanest subject. Lastly, it contradicts and offends against the covenant itself, which vows in the fourth article to bring to open trial and condign punishment all those that shall be found guilty of such crimes and delinquencies, whereof the king, by his own letters and other undeniable testimonies not brought to light till afterward, was found and convicted to be chief actor in what they thought him, at the time of taking that covenant, to be overruled only by evil counsellors; and those, or whomsoever Edition: current; Page: [545] they should discover to be principal, they vowed to try, either by their own “supreme judicatories,” (for so even then they called them,) “or by others having power from them to that effect.” So that to have brought the king to condign punishment hath not broke the covenant, but it would have broke the covenant to have saved him from those judicatories, which both nations declared in that covenant to be supreme against any person whatsoever. And besides all this, to swear in covenant the bringing of his evil counsellors and accomplices to condign punishment, and not only to leave unpunished and untouched the grand offender, but to receive him back again from the accomplishment of so many violences and mischiefs, dipped from head to foot, and stained over with the blood of thousands that were his faithful subjects, forced to their own defence against a civil war by him first raised upon them; and to receive him thus, in this gory pickle, to all his dignities and honours, covering the ignominious and horrid purple robe of innocent blood, that sat so close about him, with the glorious purple of royalty and supreme rule, the reward of highest excellence and virtue here on earth; were not only to swear and covenant the performance of an unjust vow, the strangest and most impious to the face of God, but were the most unwise and unprudential act as to civil government. For so long as a king shall find by experience, that, do the worst he can, his subjects, overawed by the religion of their own covenant, will only prosecute his evil instruments, not dare to touch his person; and that whatever hath been on his part offended or transgressed, he shall come off at last with the same reverence to his person, and the same honour as for well doing, he will not fail to find them work; seeking far and near, and inviting to his court all the concourse of evil counsellors, or agents, that may be found: who, tempted with preferments and his promise to uphold them, will hazard easily their own heads, and the chance of ten to one but they shall prevail at last, over men so quelled and fitted to be slaves by the false conceit of a religious covenant. And they in that superstition neither wholly yielding, nor to the utmost resisting, at the upshot of all their foolish war and expense, will find to have done no more but fetched a compass only of their miseries, ending at the same point of slavery, and in the same distractions wherein they first begun. But when kings themselves are made as liable to punishment as their evil counsellors, it will be both as dangerous from the king himself as from his parliament, to those that evil counsel him: and they, who else would be his readiest agents in evil, will then not fear to dissuade or to disobey him, not only in respect of themselves and their own lives, which for his sake they would not seem to value, but in respect of that danger which the king himself may incur, whom they would seem to love and serve with greatest fidelity. On all these grounds therefore of the covenant itself, whether religious or political, it appears likeliest, that both the English parliament and the Scotch commissioners, thus interpreting the covenant, (as indeed at that time they were the best and most authentical interpreters joined together,) answered the king unanimously, in their letter dated January the 13th, 1645, that till security and satisfaction first given to both kingdoms for the blood spilled, for the Irish rebels brought over, and for the war in Ireland by him fomented, they could in nowise yield their consent to his return. Here was satisfaction, full two years and upward after the covenant taken, demanded of the king by both nations in parliament for crimes at least capital, wherewith they charged him. And what satisfaction could be given for so much blood, but justice upon him that spilled it? till which done, they neither took themselves Edition: current; Page: [546] bound to grant him the exercise of his regal office by any meaning of the covenant which they then declared, (though other meanings have been since contrived,) nor so much regarded the safety of his person, as to admit of his return among them from the midst of those whom they declared to be his greatest enemies; nay, from himself as from an actual enemy, not as from a king, they demanded security. But if the covenant, all this notwithstanding, swore otherwise to preserve him that in the preservation of true religion and our liberties, against which he fought, if not in arms, yet in resolution, to his dying day, and now after death still fights again in this his book, the covenant was better broken, than he saved. And God hath testified by all propitious and the most evident sign, whereby in these latter times he is wont to testify what pleases him, that such a solemn and for many ages unexampled act of due punishment was no mockery of justice, but a most grateful and well-pleasing sacrifice. Neither was it to cover their perjury, as he accuses, but to uncover his perjury to the oath of his coronation.
The rest of his discourse quite forgets the title; and turns his meditations upon death into obloquy and bitter vehemence against his “judges and accusers;” imitating therein, not our Saviour, but his grandmother Mary queen of Scots, as also in the most of his other scruples, exceptions, and evasions; and from whom he seems to have learnt, as it were by heart, or else by kind, that which is thought by his admirers to be the most virtuous, most manly, most Christian, and most martyr-like, both of his words and speeches here, and of his answers and behaviour at his trial.
“It is a sad fate,” he saith, “to have his enemies both accusers, parties, and judges.” Sad indeed, but no sufficient plea to acquit him from being so judged. For what malefactor might not sometimes plead the like? If his own crimes have made all men his enemies, who else can judge him? They of the powder-plot against his father might as well have pleaded the same. Nay, at the resurrection it may as well be pleaded, that the saints, who then shall judge the world, are “both enemies, judges, parties, and accusers.”
So much he thinks to abound in his own defence, that he undertakes an unmeasurable task, to bespeak “the singular care and protection of God over all kings,” as being the greatest patrons of law, justice, order, and religion on earth. But what patrons they be, God in the Scripture oft enough hath expressed; and the earth itself hath too long groaned under the burden of their injustice, disorder, and irreligion. Therefore “to bind their kings in chains, and their nobles with links of iron,” is an honour belonging to his saints; not to build Babel, (which was Nimrod’s work, the first king, and the beginning of his kingdom was Babel,) but to destroy it, especially that spiritual Babel; and first to overcome those European kings, which receive their power, not from God, but from the beast; and are counted no better than his ten horns. “These shall hate the great whore,” and yet “shall give their kingdoms to the beast that carries her; they shall commit fornication with her,” and yet “shall burn her with fire,” and yet “shall lament the fall of Babylon,” where they fornicated with her. Revelations chap. xvii. and xviii.
Thus shall they be to and fro, doubtful and ambiguous in all their doings, until at last, “joining their armies with the beast,” whose power first raised them, they shall perish with him by the “King of kings,” against whom they have rebelled; and “the fowls shall eat their flesh.” This is their doom written, Rev. xix. and the utmost that we find concerning them Edition: current; Page: [547] in these latter days; which we have much more cause to believe, than his unwarranted revelation here, prophesying what shall follow after his death, with the spirit of enmity, not of St. John.
He would fain bring us out of conceit with the good success, which God hath vouchsafed us. We measure not our cause by our success, but our success by our cause. Yet certainly in a good cause success is a good confirmation; for God hath promised it to good men almost in every leaf of Scripture. If it argue not for us, we are sure it argues not against us; but as much or more for us, than ill success argues for them; for to the wicked God hath denounced ill success in all they take in hand.
He hopes much of those “softer tempers,” as he calls them, and “less advantaged by his ruin, that their consciences do already” gripe them. It is true, there be a sort of moody, hotbrained, and always unedified consciences; apt to engage their leaders into great and dangerous affairs past retirement, and then upon a sudden qualm and swimming of their conscience, to betray them basely in the midst of what was chiefly undertaken for their sakes.* Let such men never meet with any faithful parliament to hazard for them; never with any noble spirit to conduct and lead them out; but let them live and die in servile condition and their scrupulous queasiness, if no instruction will confirm them! Others there be, in whose consciences the loss of gain, and those advantages they hoped for, hath sprung a sudden leak. These are they that cry out, the covenant broken! and to keep it better slide back into neutrality, or join actually with incendiaries and malignants. But God hath eminently begun to punish those, first in Scotland, then in Ulster, who have provoked him with the most hateful kind of mockery, to break his covenant under pretence of strictest keeping it; and hath subjected them to those malignants, with whom they scrupled not to be associates. In God therefore we shall not fear what their false fraternity can do against us.
He seeks again with cunning words to turn our success into our sin. But might call to mind, that the Scripture speaks of those also, who “when God slew them, then sought him;” yet did but “flatter him with their mouth, and lied to him with their tongues; for their heart was not right with him.” And there was one, who in the time of his affliction trespassed more against God. This was that king Ahaz.
He glories much in the forgiveness of his enemies; so did his grandmother at her death. Wise men would sooner have believed him, had he not so often told us so. But he hopes to erect “the trophies of his charity over us.” And trophies of charity no doubt will be as glorious as trumpets before the alms of hypocrites; and more especially the trophies of such an aspiring charity, as offers in his prayer to share victory with God’s compassion, which is over all his works. Such prayers as these may haply catch the people, as was intended: but how they please God is to be much doubted, though prayed in secret, much less written to be divulged. Which perhaps may gain him after death a short, contemptible, and soon fading reward; not what he aims at, to stir the constancy and solid firmness of any wise man, or to unsettle the conscience of any knowing Christian, (if he could ever aim at a thing so hopeless, and above the genius of his cleric elocution,) but to catch the worthless approbation of an inconstant, irrational, and image-doting rabble; that like a credulous and hapless herd, begotten to servility, and enchanted with these popular institutes of tyranny, subscribed Edition: current; Page: [548] with a new device of the king’s picture at his prayers, hold out both their ears with such delight and ravishment to be stigmatized and bored through, in witness of their own voluntary and beloved baseness. The rest, whom perhaps ignorance without malice, or some error, less than fatal, hath for the time misled, on this side sorcery or obduration, may find the grace and good guidance, to bethink themselves and recover.
The Presbyterians.
The author adds in the first edition, “which observation, though made by a common enemy, may for the truth of it hereafter become a proverb.”
The second edition for woman, has fiction.
Written by Mr. Sadler, of which the best edition is that of 1649, in quarto; the edition of 1687 being curtailed. It is an excellent book.
Second edition has it “of all our safety or prevention.”
Second edition has “equivalent.”
The title of the treatise here referred to, is, Truth its Manifest; or, a short and true Relation of divers main Passages of Things (in some whereof the Scots are particularly concerned) from the very first Beginning of these unhappy Troubles to this Day. Published in 12mo. 1645. A reply to this was published in quarto, 1646, entitled, Manifest Truths; or, an Inversion of Truths Manifest.
The second edition has so fain. To feign, is to dissemble; but we use the word feign for fond desire of a thing.
The second edition has “shivering.”
See this fully proved in Dr. Birch’s Inquiry into the share which King Charles I. had in the transactions of the earl of Glamorgan, 2d edition, 1756.
The second edition has “score.”
The promise of the Spirit’s assistance, here alluded to, was extraordinary, and belonged only to the first age; so that the author’s argument is in this part inconclusive.
The second edition has “to shun it.”
The second edition has “apprehensions.”
The second edition has “in the Trentine story.”
We have a very curious history of these churches, written by Samuel Morland, Esq., who went commissioner extraordinary from O. Cromwell for relief of the protestants in the valleys of Piemont. It was published in folio, 1658.
The second edition has it thus, “who upon this very place which he only roves as here [Editor: illegible words?].”
The second edition has “shall choose.”
The second edition has “military.”
Hear what description an historian of that party gives of those on the royal side: “Never had any good undertaking so many unworthy attendants, such horrid blasphemers and wicked wretches, as ours hath had; I quake to think, much more to speak, what mine ears have heard from some of their lips; but to discover them is not my present business.”—Symmon’s Defence of King Charles I. p. 165.
The second edition has the old word “straight.”
A severe rebuke this to the Presbyterians.
T.214 (10.17) John Lilburne, Strength Out of Weaknesse (19 October, 1649).↩
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Bibliographical Information
ID NumberT.214 [1649.10.19] (10.17) John Lilburne, Strength Out of Weaknesse (19 October, 1649).
Full titleJohn Lilburne, Strength out of VVeaknesse. OR, The finall and absolute Plea of Lieutenant-Col. John Lilburn, prisoner in the Tower of London, against the present Ruling Power siting at Westminster. Being an Epistle writ by him, Sep. 30. 1649. To his much honored and highly esteemed Friend, Master John Wood, Mr. Robert Everard, Mr. Humphrey Marson, Mr. Hugh Hust, Mr. William Huchinson, Mr. James Carpen; whose names are subscribed Aug. 20. 1649. to that excellent Peece, entituled The Levellers (falsly so called) Vindicated; being the stated Case of the late defeated Burford Troops. And to Charles Collins, Anthony Bristlebolt, William Trabret, Stephen Smith, Edward Walgrave, Thomas Frisby, Ed|ward Stanley, William White, Nicholas Blowd, and John Floyd; whose names are subscribed, August 29. 1649. to that choicest of Peeces, Entituled An Out-Cry of the Young-men and Apprentices of London, after the lost fundamentall-Lawes and Liberties of England. Which said Plea or Epistle, doth principally contein the substance of a Conference, betwixt Master Edmond Prideaux, the (falsly so called) Attorney-Generall, and Lievetenant-Colonell John Lilburne, upon Friday the 14 of September 1649. at the Chamber of the said Mr. Prideaux, in the Inner-Temple.
PSALME 8.2. Out of the Mouth of Babes and Sucklings hast thou Ordained Strength, because of thine Enemies, that thou mightest still the Enemy and Avenger.
MAT. 10.19.20. But when they deliver you up, take no thought how or what you shall speake; for it shall be given you in that same houre what yee shall speake: For it is not yee that speake, but the Spirit of your Father that speaketh in you.
LONDON, Printed 1649.
The Tract contains the following parts:
- Letter to John Wood (30 Sept., 1649)
- For my honored Friend Col. Alexander Rigby (24 Aug., 1649)
- Postscript
Estimated date of publication
19 October, 1649.
Thomason Tracts Catalog informationTT1, pp. 772–73; E. 575. (18.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
Text goes here
Gentlemen, and loving Frinds,
I Know no men in England that in my owne Spirit I more highly prize and honour then your selves, for your Parts in making, & Mettle in subscribing the two fore-mentioned Discourses; which, without slattery, appeares to mee to be two of the most sensible and choice Peeces, for the present times, that ever I did see with mine eyes; and for which, in my opinion, the honest plaine-hearted men of England are as much oblieged to you, as possibly they can be to men for two Papers: at the last of which I heare (in especiall manner) the great men in Power are exceeding mad; and well may they, for in the 11 page of the Out-Cry, you have light upon the true Remedy of all England’s Maladies, and the reall-Way to its Peace and Freedom (viz.) The choosing out of Agents amongst those that yet are honest in the Army and Countrey, to promote the calling of a new Parliament, upon the Principles of the Paper called The Agreement of the People, Dated 1 May 1649. which they hate above all things in the Earth and Hell besides; as that which unavoydably will put a certain Period to their hatefull and most detestable, new, upstart-Tyranny; and therefore to assright you from the farther prosequnting of those excellent things you there promise, they have granted a Comission (as it is said) to set up a Bull-begger, called A Court of Oyer and Terminer, to try you for your Lives, which Comission (of Oyer and Terminer) is a meere Innovation upon our Liberties and Freedoms, and against the tenor of Magna Charta, and so void and null in Law, by the very letter of the late Act that abolished the Star-Chamber, as at the latter end hereof I intend more fully and particularly to shew you; it being an Extraordinary, Surprizing, Partiall, Præ-judging manner of Tryall; and therefore null, void, and illegall; being of the same Nature with the House of Lords, the High Court of Justice, and the Councell of State; and therefore the same Arguments that I used against them, will serve against this pretended Court of Oyer and Terminer: But my main and principall Exception against it, you will find conteined in the following Narrative of my late Discourse with Mr. Prideaux, the nick-named Attorney-Generall, which is, That the present pretended-Power is no true-Power, Authority, or Parliament in any sense; upon the strength of which Arguments, I am resolved (through the Power of my Lord God Omnipotent) to venter my Life, and all that in this world is deare to me, and therefore out of my indeered affection to you, shall exhort you to doe the same, as the most just, safe and honorable Plea in the World (as things now stand) that you can cast your Lives upon; The substance of which, without any intentionall or desirable wronging of Mr. Prideaux, thus followeth.
UPON Friday, being the 14. of September 1649. I was carried by the Lieutenant of the Tower to Mr. Prideaux’s Chamber in the Inner Temple, who when I came there, the Lievetenant went in unto him, and as I conceive acquainted him with my Salua Libertate that I had given him at the Tower, which is now in Print, which I beleeve Mr. Prideaux read, and after a little space of time I was called in to Mr. Prideaux’s Chamber, who civily saluted mee by my name, and I him by his; the rest that passed, so neare as my memory will enable me, I shall here set down without wilfully wronging of Mr. Prideaux in the least, who was very civill in his behaviour towards me, though otherwise smoothly cunning in his pretended Examining of me; but to go on, divers of my friend, in London (it seemes) had notice of my going thither, although I my selfe had little above two houres notice, and out of their affection they heare (I hope) to those Principles of Righteousnesse and Justice, for which I suffer, and publiquely hold out unto the world, came to see what would become of me, and therefore severall of them being in the outter Chamber with me, when I was called in to Mr. Prideaux’s inner Chamber, my friends followed mee at my heeles, which Mr. Prideaux seeing, after hee and I had done our Salute, desired them to withdraw, which because I was resolved not to own; his Attorney Generall-ship, but meerely to talke with him as a private man, I was not solicitous for their staying in: but the doore, as I perceived, being left open they stood there, and I am sure the most of them might easily heare mee what I said, for I spake high enough, although Mr. Prideaux spoake with a lower voice, who said to this effect; Lieutenant Collonel Lilburn, I am authorised by the Parliament, by vertue of my place I hold under them, to pursue some things that doth concerns you, and having taken some evidences of consequence about high matters that you are and will bee charged with; I thought it convenient before a Tryall upon them came, to acquaint you first with them to see what you would say to them, and receive your answer about them; and judging it the most civill way I could, I sent for you by wood of mouth, at which, it seemes, you tooke some distaste, therefore I writ my warrant for you the moderatest way I could word it; therefore to begin, there is a Booke with your name to it (which hee handed over the Table to me) Intituled, An Impeachment of high Treason against Oliver Cromwell, &c. wherein you lay grievous things to his charge, and I doubt not but you will make them good by proofe, and owne the Booke, will you not? So after a little pause, having stood bare while hee stood bare, I put on my hat when hee put on his, and pulling out a new booke out of my glove, I said with an audible voice to this effect, Mr. Prideaux, there is a new booke with my name to it, which is of my owne writing, every line of which (saving the Printers errours, which are many) I will owne and seale with my blood; in it you may reade of Sir Arthur Haslerings barbarous and Arbitrary dealing with me, in Robbing mee, by the Rules of his owne will of my estate; just Cutter like, while you unjustly keeps mee Prisoner in the Tower of London; but Sir, for to returne you an answer to your question, which is, whether that booke bee mine or no? I cannot, nor will not, because in the first place, I neither owne your Power, nor the Power of those that impowred you, which you call the Parliament; and therefore not knowing any such man is Attorney Generall Prideaux, neither being resolved to owne any such, yet seeing I am heare I will if you please in a private way talke with Mr. Prideaux Post-master Generall of England, and discourse with him upon any Subject hee pleaseth as long as her pleaseth, let him make the best advantage hee can; and this I will doe for that end that you may see I have some ingenuitie in me, and am able in any ground in England where ever I come, to say something for my selfe &illegible; my sufferings without &illegible; &illegible; amazement of &illegible; in the least, at all the &illegible; and tempe, is that it’s &illegible; to raise against me? And therefore Mr. Prideaux having knowne you many yeares as a gentleman of some note, I will upon these &illegible; (if you please) discourse with you and bee as civill unto you both in word and jesture, as you can desire, and I shall (I hope) so continue, unlesse you breake out first.
Well Mr. &illegible; (said hee) I shall bee as civill as you, as ’tis &illegible; for a man to bee with faithfullnesse to my trust and place; but I wonder that you should renounce the Parliaments Authoritie; I have knowne you when you have owned even this that &illegible; &illegible; So hee beckning to me to sit downe, I told him no I was resolved to stand while hee stood, and to sit downe when hee did, so wee stood, he &illegible; one end of the &illegible; and my selfe at the other all the time of our discourse; but I answered him and said; Well Mr. Prideaux wee are, it seemes, resolved to bee civill each to other, and for my part I say, let him hee judg’d an uncivill man &illegible; first breakes the Rules of Civil &illegible; betwixt us: but Sir, are you freely willing to heare mee, and I will &illegible; and ingeniously speake to that point of the Parliament? I with all my heart Mr. &illegible; (said hee.)
Well then Mr. Prideaux thus, you may remember the last yeare the Personall Treaty was &illegible; going on, which the Princes of the Army, thought to hee destructive not only to them, but also to the Peace, Freedome, and Liberties of the Nation and thereupon there was some overtures from them (amongst others) to a company of honest and plaine People here at London, commonly (but most unjustly) called Levellers, to joyne interest with them for the accomplishment of those ends wee all (at least in pretence) had beene long &illegible; for, viz. the Liberties and Freedomes of the Nation, and accordingly the Principles of the Army in their large Remonstrance from St. &illegible; of the 16. of November 1648. most gloriously and most &illegible; Declare, it was the this &illegible; of their Soules to see the Peace and Liberties of this Nation setled, and that not upon old rotten Principles, but upon the firme and &illegible; Principles of Reason and common equity, that so &illegible; and Righteousnesse might run downe the streets like a mighty streame; and Tyranny and Oppressions (as much as human: Reason could provide for) &illegible; banished for ever out of the Land of England, in which great worke they Declare, so to Act as before the Lord, and to approve themselves both to God and good men, unto both whose Jugements they &illegible; to submit, &illegible; and &illegible; the minding of themselves, or particular Interests or Parties; [See page 6. 7. 8. 12. 14. 15. &illegible; 23. 43. 45. 47. 48. 57. 62. 65. 66. 67. 69.] and least Generalls should signifie nothing to the People (as indeede they doe not) towards the latter end of that Remonstrance, they fix upon the things particularly, that will really make the People happy, which are; first, The fixing upon a set and speedy day for ending this long Parliament; And Secondly, For providing for the speedy setling of the Nations Peace upon the Principles or grounds of common Right, Freedome and Safety, viz. the often and certaine meeting, sitting and ending of Parliaments, flowing from as neare an equall choise of the People as may bee, with other bounds and limitations that might tender them move &illegible; and lesse arbitrary then in times by past they have beene: and all this by that unparralel’d way of contract or Agreement amongst the free People; yea, and they also there earnestly desire, that the good things of &illegible; well minded People (or well wishers to common good) contained in the Petition of the 11. of September 1648. may seriously bee considered of, and thereby the grievances of the People removed, for their &illegible; benefit and prosperity, that so the Parliament may, when it sayes downe it’s trust, leave a good &illegible; &illegible; them, both to the name of Parliaments and also of men &illegible; &illegible;
And Sir, I say, there was not only &illegible; to such kind of ingenious men upon the comming out of the &illegible; &illegible; but also in their &illegible; Declaration dated the —— 1648. at &illegible; which &illegible; the Reasons of their then Advance with the Army to London, they positively declare, that the Parliament Treating with the King, and &illegible; all &illegible; and &illegible; Counsells given them; is no lesse then a &illegible; or Corrupt neglect of, and &illegible; from the publique trust reposed in them, yet not &illegible; to themselves (as there in words they say) a standing Power of Judgement (as of Right &illegible; Trust) to conclude others thereby, acknowledging that is &illegible; &illegible; properly to &illegible; &illegible; the &illegible; &illegible; choose and trust to judge for them. But considering that such power, as where ever it is, &illegible; committed &illegible; in trust, and &illegible; neither this Nation nor any other People did ever give up their Naturall capacities of common &illegible; or reason, as to the ends and fundamentalls of that trust: And as for the Parliaments breach of trust, there being no formall power of man in being to appeale to, in the present case, they positively Declare, They cannot but exercise that common Judgement which in their naturall capacity is left to them, and therefore considering that the Parliaments then breach of Trust, so &illegible; great, as that it was a totall &illegible; of destruction to that Interest, and to those People, for &illegible; especially (they say) the trust was reposed; and seeing there is no orderly and open way left for a just succession of another formall and proper Judicature to bee appealed unto in due time, therefore they there renounced the then Parliament, and with confidence appealed to the common Judgements of indifferent and uncorrupted men, exciting all those that yet were faithfull to their trust in the Parliament to come out and joyne with them, and in such a case of &illegible; they promise to looke upon them (not as a Parliament, but) as Persons materially having the chiefe trust of the Kingdome remaining in them, though not a formall &illegible;* power, to bee continued in them or drawne into ordinary Presidents; yet the best and most Rightfull that can bee had, as the present state and exigency of Affaires then &illegible; and wee shall (say they) accordingly owne them, adhere to them, and be &illegible; by them (not in all their commands) but in their faithfull prosecution of their trust (according to the &illegible; will and mind of the Principles or the Army, our Law givers) which they there Declare to bee only in order unto (marke &illegible; well) and untill the introducing of a more full and formall Power in a just Representative to bee speedily &illegible; and ratified by an Agreement and subscription of the People thereunto. O vile Apostates, never seriously to think of this more, after they had Declared, but &illegible; Murther and Destroy all those that effectually shall put them in mind of it, which short Declaration is so fully fraught with glorious expressions of Truth, Justice, &illegible; and selfe denyingn Ile, as that they call God to witnesse, they did not seeke themselves in their then Proceedings, but were even Resolved they would not take advantages to themselves, either in point of profit or Power; but rather lay downe themselves: That it was enough to ravish the heart or any ingenious man in the World, and to seale it after them, and I confesse unto you Sir, it did mine.
But &illegible; those Declarations, I must truly tell you Sir, upon their forementioned first overtures and invitations of Conjunction of Interests, with my forementioned friends the nick-named Levellers, I was chosen by them to bee one of their foure Commissioners, to goe to &illegible; to &illegible; with the Princes of the Army, who upon the place openly, constantly, and &illegible; called the then Parliament; a Trayterous Apostatised Parliament, that had but the name, and was but the &illegible; Shaddow, or Shell of a Parliament, having againe and againe broke and forfeited their Trust, and confessing that &illegible; they should pick out of them could bee no Parliament in any &illegible; either in Law or Reason, but only at most a mock Power or a mock Parliament, which they said they must bee forced for a little time to keepe up, to keepe the People in &illegible; as the fiction or shaddow of Majestrates, seeing the People so much doted upon and looked after such kind of outside things; and this was not only &illegible; and Harrisons frequent expressions, but also Mr. &illegible; Hollands; not only at Windsor, but also at London, both before and after their breaking and by force dissolving your House: to the two first of which, if they shall bee so unworthy and base as to deny what now I say and averse to you, I will make it good as a Souldier, with my Sword in my hand, in any ground in England to the teeth of them both or either of them: and for the third and last of which, I know if hee and I were face to face hee durst not bee so unworthy to deny it, but if hee should I could &illegible; by pluralitie of honest witnesses, prove it to his &illegible; and I believe Sir, I might salely produce your acquaintance and my by past faithfull friend Barron Rigby for the proofe of a great part of it.
Nay Sir I say further unto you, That they engaged and contracted with us, as solemnly as could be, That they would keep up the men they picked cut of the Parliament to joyne with, for no other end in the World, but for the avoiding of a new Warre; for the better, easier and speedier obtaining of a new and equall Parliament or Representative, which they Declared, againe and againe, their Soules as much thirsted after as any of ours. And truly Sir, upon this score and account, as the safestand unhazardablest way that I could possibly see to settle the Freedoms and Liberties of the Nation, I was willing and desirous in a crowd, to goe along with other men, (and not to be singular) to give the Name and Title of a Parliament to their againe and againe Declared mock-Power, or shadow, or shell of Power; and if I did evill in so doing, I am sure my intent was the quietnesse of the Nation; and my sin and evill in so doing I have seen and Repented of, and am heartily sory for it, and hope I shall (have strength enough) for the future to doe so no more.
But Sir, when I cleerly and visibly saw that when they had accomplished their own ends, by all their faire and smooth Promises and Declarations, and made use of them for no other end in the World, but meerly to enable them to bee Princes over the People, and to have their Lives, Liberties and Estates at their &illegible; and Command, and began to challenge a right to Rule over them at their &illegible; and Pleasure; my Soule began to loath and &illegible; them, for the vilest and &illegible; &illegible; that ever the Sun did shine upon; and with the same indignation I began to loath their mock-Parliament, whose fictionated Power I thought it my duty (and to render my self faithfull and upright in my generation) to discover to my friends and Countrey-men; which when a Member of &illegible; pretended House viz. Mr. Holland perceived [in the inner Court of Wards he took me sharply to taske] and told mee wee were not able to move them, for they had an Army strong enough to stand by them to back them, but I told him to this &illegible; That I thought they had had Consciences which would have compelled them to have made good their many solemn Engagements* and Promises, but seeing you have not, not it seemes never intended &illegible; to performe what you engaged, but doe intend to cheat both God and Man, and then make it good with your Swords; for all your Force and Arme of Flesh, Mr. Holland, I tell you to your face, wee will force you, in spight &illegible; your teeth, to the one &illegible; these two things: first, either to doe honest Actions, though your hearts are never so base, or else, secondly, wee will by our constant and vigorous endeavors for our freedoms and Liberties, put you so to it, that you shall judge your selves necessitated, for your own base preservation, to run such violent and barbarous &illegible; as either in a short time shall breake your &illegible; or else make you as &illegible; to the People of this Nation, of all sorts and kinds, as ever men on earth were, and in the doing of this Sir, I tell you plainly, make the best or worst use of it you can, I will be one of those herein shall leade the Van, as long as I have breath.
And Mr. Prideaux, though at that time I knew in a manner, as much of your pretended Parliaments nothingnesse, as I doe at this day; yet being an Englishman, that &illegible; loved my native Countrey, yea the Peace and Welfare of which I then did, and still do value above my own Life, or the lives of my Wife and Posterity; & knowing the danger and mischiefe that in the eye of Reason might probably ensue, by Declaring openly and &illegible; unto the People, That all the Magistracy of England was broke by the Army, who had by their Swords reduced us into the Originall state or &illegible; of Confusion, wherein every mans lusts becomes his Law, and his depraved will and &illegible; Power his Judge and &illegible; I say I did not then what since I have inavoidibly been &illegible; to doe, for, it’s true, I did the 26 of Feb. 1648 at the Bar of the present pretended House of Commons present a Petition or Addresse, fronted with a title as if it were as unquestionable a Representative of the People as could be chosen; but that was out of the considerath &illegible; before &illegible; and because without such a &illegible; we could not have had any accesse unto them, although our &illegible; was then very great; the Petition is &illegible; printed, and Intituled Englands new Chaines Discovered, which if you please seriously to cast your eyes upon, you will cleerly see that we &illegible; &illegible; it and presented it understood the condition of that House, and that we gave them sufficient hints to understand us, that so ours, and the Kingdoms safety might speedily by them be provided for, without any more strugling, or &illegible; any more &illegible; hazards therfore. But when we could get no answere unto that, I &illegible; to draw up a second Adresse, now in print, Intituled The second part of Englands new Chains discover’d wherein we spoke more plain; & in the last page of which, we appealed to the next speedy Parliament, Declaring this in effect to be, what in truth that, ever awed by the Sword [and now Mr. Prideaux, to speake in plain English] whose &illegible; Schoolhorses, and no better, you are; But Sir, I say, the last forementioned Addresse, touching Prince Cromwell and his associates to the quick, hee most unjustly compelled your mock House, in effect, to vote &illegible; a Traitor in generall, which Sir, as you are a Lawyer I know you know to bee nothing in Law, for it must bee a particular act, as aboundance of your owne Declarations declare, that in the eye of the Law, renders a man capable of being taxed with Treason, Fellony, &c. without hearring mee speake for my selfe or ever calling mee in &illegible; your house, although a good part of that day I was at your very doore, seene &illegible; and spoke unto by some of your Members; yea I am confident of it, my greatest Adversaries I had in the house knew I was at the &illegible; part of that very day, for Barron Rigby, from some of their Agents, at the very &illegible; spake unto me, and in their names &illegible; mee no small thing, so I would bee a good boy and learn the lesson they would teach mee, which when to his face I scorned with the greatest &illegible; in the world; it was no many &illegible; after, till I was in generall voted a Traytor, without hearing or knowing any Accuses or Accusation; which is such a &illegible; of Justice, that the very Pagans and &illegible; in Pauls time would have blush’t at; and then the next morning, although I over night knew what was done and could have runne away, or hid my selfe, it I had pleased, which I scorn’d; I was sent for; not by &illegible; Constables, or Justices of the Peace; but, as if I had beene a &illegible; &illegible; or &illegible; man, that with my &illegible; had beene able to &illegible; destroyed &illegible; &illegible; Generation of men, and &illegible; &illegible; out of my bed and house, from my Wife and Children, by a hundred, two or three, of Armed &illegible; and &illegible; and &illegible; as a poore &illegible; slave or &illegible; through the &illegible; by them; although alas, I had never forcibly resisted the Parliament in my life, nor never so much as committed a single contempt against &illegible; most Arbitrary and &illegible; of their Committees, but alwaies came at their first sending for me, although the Messenger was my &illegible; Enemy, and although I had beene severall times imprisoned for nothing by them, yet for all this, must I now bee dealt with [because I had sinn’d against Prince Cromwell] as if I had &illegible; my house against the Parliament, or Army, or had had three or foure hundred Armed men in it for my guard; when as alas Sir, the Designe is easily seene through, which was no more but this; Cromwell was resolved to play the &illegible; and I stood in his way, and neither by faire words and faire promises, nor by threats would bee brought over to a complyance with him in his visible base waies, and therefore I must bee taken out of the way in the plausiblest manner hee could; and for that end hee &illegible; mee prejudged and condemned before hearing, and that by a &illegible; Law, made after the Fact committed, and then sent hundreds of his Armed and &illegible; &illegible; who are no executers of the Law, to apprehend mee, knowing I was of a hot spirit, and was in my owne Soule glued unto my Freedomes, for the maintaining of which he hoped I would have resisted and so should therefore have beene knock’t on the head, or runne through by his guard, which for any thing I know hee had instructed to that end and purpose; which Act if they had done, Cromwells creatures would have Justified it, and said they had &illegible; kil’d a voted and declared Traitor, who being privy and conscious of and to his own guilt, therefore resisted those that came to apprehend him to bring him to a legall-Triall, for his Crime must needes bee &illegible; great, or else the Wisdome of the Parliament, and the Councell of State would never have sent such a Guard to apprehend him, and therefore, seeing hee is gone, let him goe; and there is a good riddance of him, for hee was a stiffe and troublesome Man.
But Sir (said I) after my apprehension, I was by the Officers and Souldiers carried away to the Guard at &illegible; in London, and from &illegible; to White-Hall, and from thence to the Councel of State,* as you &illegible; and coming there before Mr. Bradshaw, Mr. Cromwell, Sir Arthur Haslering, and severall other Gentlemen I have known many yeeres together, and some of whom I very much honored, which induced mee to give them more civill respect then otherwise I would, and considering with my selfe, (as is before declared) that I was condemned before I was heard, without Witnesses or &illegible; without the least shadow of any Legall and Judiciall Proceedings; and seeing I was apprehended in such a manner, in terrorem, and carried to the Councel of State, to be againe there prejudged, and it might be to be turned over by them, with all these clogs and prejudgements upon mee, to a Triall at Law; and considering with my selfe, that never a Jury in England durst do otherwise then condemne mee after all this (though otherwise never so innosent) I had no other rationall course left mee in the World, to make any &illegible; for my life, or to dye &illegible; otherwise (which I every day &illegible; for) &illegible; as a perfect &illegible; but absolutely and positively to &illegible; against the Power of the &illegible; of State, and the Authority of those that impowred &illegible; which I did to Mr. Bradshaw’s face, and gave him &illegible; my Reasons and Arguments therefore, which you may fully read in the second Edition of my Booke Entituled, The Picture of the Councell of State, especially in page. 5, 6, 7, 8, 9, 11. which Booke, Master Prideaux, without answering to any of your Interrogatories (but of my own accord) I tell you is mine, and I will (by Gods assistance) seale the truth of every line in it (saving the Printers &illegible;) with my heart blood.
Gentlemen.
And Sir, by the said Councell of State I was committed to the Tower of London, without any manner of Crime laid to my Charge; whereupon divers honest people, in and about London, old and young, male and female; yea, and in severall Counties too, being sensible of the wrong particularly done to mee and my fellow Prisoners, and of the wound their own Freedoms had received, in that unjust and irregular dealing that was exercised towards mee, &c. and being understanding and well-wishing People to the Peace of England, were loath to be just occasioners of new Disturbances in the Nation, to avoid which, They presented severall &illegible; just, and reasonable Petitions to the Parliament, as you call it, in which they intreated them not to be too hasty, or too suddain in their Proceedings against us, nor anticipate the just, quiet, and regular Proceedings of the Law, and that wee forthwith might be set at Liberty from our irregular Imprisonment, putting in security to be forthwith coming to Answer (according to Law) whatsoever could be laid to our Charge; That so de novo, from the beginning to the end we may have, before a Justice of Peace, &c. such a Proceeding in every particular as the Law requires.
And truly Sir, for any thing I know, if that had been granted, I should have absolutely cast my selfe upon such a Triall, although I then did (as well as now) know that all your Iustices of the Peace, and Iudges of the Law, are no more Iustices or Iudges than my self, or the &illegible; man in England, either in the &illegible; of Law or Reason, and that all those men that are Executed by their Iudgements, in the &illegible; of the Law are meerly murdered and &illegible;
But seing no just or rational answer could be &illegible; to any of their Petitions, but on the contrary, all other Petitions from the base, bloudy, and unworthy Ring-leaders of the pretended Churches has came in against us, were &illegible; and exceedingly embraced; and unworthy &illegible; &illegible; &illegible; at work to write base, lying, and &illegible; abominable &illegible; Books against us, to the siting the People to &illegible; us in &illegible; and to be unsatisfied with any thing but our Lives; and seing that you your self was by a special Order authorised to proceed at Common Law, to give us a Tryal after we were condemned, and our condemnation by special letters from the Councel of State, (&illegible; all the Sheriffs in England) proclaimed in all the Market Towns thereof; And seing your self had, (as I was most certainly again and again informed) many meetings with the Iudges at Sergeants &illegible; &c. about &illegible; Tryal; I say, considering all this, I was &illegible; and compelled to draw up my Plea, and publish it to the view of the Nation, Wherein I have renounced your Authority, and &illegible; proved you no more a Parliament then so many &illegible; upon the high way: To which Plea (by the strength of God) I will stand so long as I have a &illegible; and being; which Plea is contained in the second Edition of my Book of the eight of June 1649. &illegible; The Legal Fundamental Liberties of the People of England revived, asserted, and vindicated, which (M. Prideaux of mine own &illegible; accord, I sell you) I caused to be printed; But as for answering your question, Whether that prioted Impeachment of Cromwel, which you ask me whether it be mine or no, I tell you, I &illegible; to be so unworthy and base, and such a Traytor to my Liberty, as to answer you to your question.
Whereupon M. Prideaux spoke to &illegible; effect, M. Lilburn, As for that irregular proceeding towards you (as you call it) it was from a Parliament, and you must know, That a Parliament is not tyed to the &illegible; of the Law in their proceedings, &illegible; other Inferior Courts are.
Unto which I replyed to this effect, but M. Prideaux, with your good favor, you are too &illegible; for me, for you take that for granted which &illegible; and which I am &illegible; you can never prove while you breath; for I &illegible; you are no Parliament, either upon the principles of Law or Reason. But secondly, for Argument &illegible; &illegible; you to be a Parliament, yet by your own Principles, and by the Principle, of the Law of England, Law-makers are not, cannot, not ought to be Law &illegible; But thirdly, upon your own Principles I answer, and do believe, you have not &illegible; to &illegible; a Lawyer, but you have carefully read over the fourth part of Cooks Institutes, that great Oracle among you Lawyers, and if you please &illegible; recollect your memory, you may very well remember in several places of his chapter of High Court of Parliament, there he often &illegible; and &illegible; and &illegible; down Arguments and Reasons to prove, That the Parliament ought to be more just and righteous in &illegible; proceedings, then other insevior* Courts, and ought to be Presidents of Righteousness and Justice to other Courts; and I am sure that Book is published by the special Order of the late Parliament for good Law.
Whose expressions there, f. 37, 38, 39. in the Case of the L. Cromwel in H. 8. time, and in the case of Sir &illegible; Mortimer, in H. 6. time, and &illegible; Barton, and other in H. 8. time, are so just, excellent, transcendent, and glorious, that they deserve to be written in letters of gold, and posted upon all the publike places of the Nation, a witnesses and testimonies of condemnation against the base proceeding of the present large pretenders to righteousness, with my self & divers other.
But Sir, said M. Prideaux, Did you not own that for a Parliament that sate at Westminster before the Armies last coming to London; I am sure you ventured your life at their command, and to maintain their Authority, and also suffered much for them at Oxford.
Its true M. Prideaux, if I had not owned the Lords and Commons siting at Westminster, for a Parliament, according to the constitution of England, five, six, or seven yeers ago, and also bin satisfied in my own Conscience of the justness of their quarrel with the King, I would never have ventured my life so heartily for them as I did, for I must truly tell you, without much vaunting, I fought as resolutely, and served them (or rather, the Nation, and its Liberties in them, or by them) as faithfully as any man in England dids yea, and did more (when I was like to be hanged at Oxford for them) then &illegible; heard of any in England did for them; for I pleaded to my Indictment resolutely and understandingly, as a man that well knew and understood what I went about, and was resolved to dy in the justification of &illegible; destingly to his adversaries. And after my deliverance from them, I took up Arms again in their service, and served them faithfully and heartily, till I see them begin to change their Principles, and to turn their backs upon their Primitive Declarations and Promises, to make the People free and happy; yea, and see them in their own persons to practise that that they condemned in the King, and pretended they took up Arms against for; which when I throughly saw, I threw down my sword, and could never since be induced to serve them; yet I never served against them, nor never for sook the Principles that they owned and declared, when they first engaged; And as for the Lords and Commons, since for necessities sake, and quietness sake, I never since dis-owned them, although I never durst act under them, especially considering I had so much in my own thoughts to say against them, especially the House of Commons, who I am sure intentionally, were never originally betrusted by the people that obuse them, to sit above a year at most; and their our-striping their Commission in length of time, &illegible; their Trust. But Sir, What of all this to you that sit now?
Sir (said he) very much; For my self, I am sure I am as much chosen and betrusted now as ever.
That I deny Sir, for upon your own single Principles of the Law, The Kings single death nullifies you, for you were summoned, chosen, and sent, to consult with him, which &illegible; cannot do when he is dead.
Well Sir (said M. Prideaux) if you had no more to say but the Kings death for the dissolution of the Parliament that would be easily answered.
Sir (said I) let me tell you with confidence, that I am confident it is so strong in Law, as all the Law in your brains will never be able to answer it, and if you please, I will argue the case out with you in Law: You know it was so resolved in the case of the death of Henry the fourth, and you know it is so declared by the Lord Cook in his fourth part of his Institutes, f. 46. and by the whole stream of all the Law-books, and Lawyers of England, without so much or one single contradiction that ever I could hear or read of: But &illegible; Sir, I tell you, There was an UNDENIABLE NULLITY TO YOUR HOUSE BEFORE YOU TRYED THE KING, FOR THE POWER OF THE SWORD HAD TOTALLY DISSOLVED YOU, So that now you in no sense sit by the Peoples Chosse and Trust, but meerly and singly, by your Masters and impowrers, the Soldiers; who broke you all to pieces, and kept our above four parts of five, and only let such go in, as the PRINCES among them thought their servants, or did engage so to be: and Sir, let me tell you, to my knowledge you your self were at that time as much against the Soldiers proceedings with you, as a man could be, nor their proceedings against the King and Lords you did not like, for you ingaged against none of them visibly although your place of Aturney Generalship, led you out to have bin the chiefest man in prosecuting of them all.
Ab M. Liburn (said he,) you are in a great error, neither the Kings death, nor the Soldiers force upon the House doth dissolve us; for we now sit by vertue of an Act of Parliament which impowers us to be a House till we our selves dissolve our selves.
Well Sir, to that I answer thus; your trust by those that at first chose you, WAS INTENTIONALLY BVT FOR ONE YEER AT MOST, for by the Fundamentall Liberties of England, and three severall Acts of Parliament yet in force, the People of this Nation ought to have a Parliament once every yeer, or oftner if need require; and Sir, let me freely tell you, that if the King were an Officer of Trust, as you have declared he was (and I believe he was) them Sir let me tell you, that hie passing of the perpetual Act, was the greated &illegible; of Trust that ever he committed in his &illegible; for which he paid deer enough, for that single Act alone, hath bin the chief instrumental occasion of the Warrs, and of both the loss of his Crown and life. And Sir let me tell you further, or you that were chosen and trusted by the people, to make them more free, but not less free, and authorized by them to continue in that trust but for a yeer at most. TO GO ABOVT TO DESTROY BY A LAW THE VERY SOVL AND LIFE OF ALL THE PEOPLES LIBERTIES, viz. CONSTANT AND SUCCESSIVE PARLIAMENTS; And to &illegible; in your selves by the perpetual Act for ever (if you please) an Arbytrary Power, WITHOVT BOVNDS, LIMITS, CHECK, OR CONTROWIE, is the highest Treason (in your so doing) that ever was acted, or committed by the sonnes of men.
But Secondly Sir, you your selves have broak that Act to peices, in that you have destroyed two parts of three, that by that Act you were to treat, and joyn with to make I awes, nay, and not only so, but also above two parts in three of the third part, viz. your selves, by the power of the Sword are destroyed, and your selves that remain sit not, nor Act nor in Freedom as a Parliament ought to do, but have your work cut out, and have the Power of the Sword held over you, by which indeed at the present to speak properly, you are chosen and trusted; they themselve, (I mean the PRINCES OF THE ARMY) having put a Period to your first Trust, and instuted you by their wills and Swords into a second, upon their own individual score so at the most you are but the Armys Parliament, and not the Peoples; and your Votes or Orders (in any since) now, cannot be binding to them; for if in your own thought; you were not absolutely instated in a new Trust, but remained in the old, how come you to have power to set up new Constitutions, and to alter the Government of the Nation from a Kingdom to a Common-wealth? which power the People never gave you.
M. Lilburn (saith he) we come to have that power by our first Trust, for I hope you will not say, but a People for their own benefit, &illegible; the Form of their own Government in a Nation, may they not? Yes (said I) they may &illegible; M. Prideaux what is that to you? Yes much said he; which way I beseech you? I hope you will not say your power it absolute? Yes Lord will said M. Prideaux.
Well then Sir, shew me which way you came by it, for your affirmation is a Paradox to me, for you have confessed (again and again) you are at most but a deligated or betrusted Power, and I am sure of it, no betrusted Power it absolute the People chuse you, and yet you are absolute, I pray Sir reconcile me these contrarieties.
And besides Sir, the People chuse you not in the least to set &illegible; Commonwealths, but to treat and consult with the King and Lords, and therefore your sering up a Common-wealth without any shaddow, or pretence of power or Commission from them, is an imperious and tyranical usurpation; For let me aver it to you, that though the People may by a common consent alter their Government (for no Form of Civil Government is Iure Divine) yet none can do it for them but only themselves or their Commissioners, chosen and impowered by them for that end and purpose, which your House Sir was never in the least.
But M. Lilburn, for all your thus reasoning, I know you have in times by past liked a Common-wealth better then the Government of a King, have you not? Yes that I have, and still do, provided it be rightly Constituted, from the consent of the People, with &illegible; bounds and limitations, that as little as may be is left to arbitraries: but all its Magistrates annualy elective, and accountable, and upon these tearmes I am withall my heart for a Common wealth: But to have the name of a Common-wealth imposed upon us by the Sword, wherein we are and shall be more slaves then ever we were under Kingship, with a suprem pretended power held over us, that in their Original and Fundamental constitution admit of no boundaries, but iudge themselves as absolutely arbitrary, at the Great Turke; and that they do not make such Vassels and slaves of us as he doeth of his people, is their Civility and courtisie (more then any thing of obligation, or duty) such a Common-wealth as this I abhor and derest as the Devil himself; BVT SVCH A ONE IS YOVRS, and therefore I had rather (as the case stands) be under a King reasonable bounded then under you, and your new Sword Tyranny, called a Common-wealth.
But Sir (saith he) you have bin very &illegible; against the King, its true said I, but not QVA KING, but against his Arbitrary and Tyrannical Will, when he made it a rule unto himself, and the People above the Law; I tell you Sir, the same principle that let me to hate Will in the King, leads me a thousand times more to hate Will in you, seeing you have promised better things, ye absolute Freedom, and yet perform nothing, but do worse then ever he did; by Governing us purely by the Sword and your own Wills. You wrong us M. Lilburn (said he you are governed by a just Magistracy, for the Parliament votes freely, without compulsion.
&illegible; for shame M. Prideaux, that you should talk so against your own Conscience, I know your Conscience tells you, there is no Magistracy in England, either upon the Principles of Law, or Reason: for the Princes of the Army by their Swords (Conqueror like) have broak it to peices in every particular, ye also your House, and have kept out four part, of five, and at first would let none go in to sit there, but those that they had listed in a paper, and had some assurance of, would be good boys, and learn to say their Lesson as they their Lords and Masters would teach them, and then they gave to those &illegible; to form a pretended Committee to Catechise all that since have bin admitted and unless to that Committee they gave good assurance, (of which also the &illegible; House must &illegible; &illegible; that the, had &illegible; or at least laid &illegible; their English &illegible; &illegible; an &illegible; learned the Armies canting language, or at least were willingly &illegible; after them, till they have absolutely learned it, there was &illegible; &illegible; for &illegible; &illegible; you know to be true, and therefore M. Prideaux I WONDER WITH THAT FACE YOV CAN CALL THIS A PARLIAMENT, who indeed and in &illegible; are nothing else, but the PRINCES OF THE ARMYS SLAVES &illegible; &illegible; and Sir let me be plain with you, I and tell you, I know you &illegible; as well &illegible; &illegible; &illegible; and bite off your fingers ends, as to the purpose to &illegible; &illegible; their Wills and &illegible; which if you should do, I know you your selves know; they would purge you, and purge you, again and again, to SVCH LOATHSOME &illegible; THAT YOVR VERY SELVES SHOVLD ABHOR YOVR SELVES: But Sir it forms, you judge it better to go hand in hand with them, and to be at their beeks, that so you may go sharers with them, in the spoiles of the Nation, and in taking the Peoples money from them, and deviding it amongst your selves then to &illegible; with them; and you may say it is good being in such a condition: for you can do any thing, and every thing to any man, and crush him to peices and destroy him: but he can have no Right, or Iustice against you.
Why will you say so M. Lilburn (said he) I am sure the Parliament hath given up their Priviledges in answering mens actions, more then ever Parliament did.
Sir, said I, I say that which is truth; its true of ancient time (when Parliaments were often and short) Priviledging of the Persons of Perl. men from arrests, might have some pretence of Justice and Equity in it, BUT IN AN ETERNAL, OR A NINE YEERS PARLIAMENT, IT CAN HAVE NONE; and I tell you Sir, I know it is &illegible; to destroy a man (though a Member of your House do him never so much wrong) if he do but so much as open his lips against him: and how many men have &illegible; undone for complaining of the villanous and visible baseness of your Members? It is as the sin against the holy &illegible; among you: And as for a petry inconsiderable Member of your House now and then (OF BOON AND CURTESIE) to be ordered, in point of debt or the like, to answer the Law, &illegible; what is it, it is no more then a cheat, for it is nor only before a iudge of his own making, who with his Under Officers will find tricks enough to please their Lord and Master. And besides Sir, The thing that I drive is to shew, That it is an inherent Principle in you, that this is not done out of Right, but permitted out of Orace and Favor: this remaining still at the &illegible; That there is an inherent Principle of Arbytrariness, Unboundedness, and Absoluteness inherent in you, at your pleasure to make absolute slaves of the People (if you will) and to make your selves absolutely unaccomptable if you please.
Why M. Lilburn, would you have no Government?
Yes (M. Prideaux) that I would; But yet such a Government as hath not at the root and bottom of it, all the Principles of Tyranie in the World, to make the People absolute slaves at the Will and Pleasure of their Governors: But I would have such a Government, that is founded upon the Basis of Freedom, Reason, Iustice, and Common Equity, and shall &illegible; the hand of the Governor, that he shall not be able at his Will and Pleasure to destroy the Governed, without runing an apparent and visible hazard of destruction to Himself, Estate, and Family.
I but M. Lilburn, who shall be Iudge said he?
Sir, (said I) Reason is demonstrable of it self, and every man (less or more) is endued with it; and it hath but one ballance to weigh it in, or one touch-stone to try it by, viz. To teach a man to do as he would be done to. The Sun is demonstrable of it self by it, heat and light, and stands in need of no mans Iudgement when it shines, to judge whether it doth so or no, or of reasons to prove it the Sun; Even so, Reason is demonstrable by its innate glory, life, and efficacy; and man being a reasonable creature, is Judge for himself: But by reason of his present corrupted estate, and want of perfection, he is somthing partial in his own case, and therefore wherein many are concerned, Reason reis him, Commissioners chosen out, and tyed to such rational Instructions as the Chusers give them, are the most proper, and equallest Judges: But yet Sir let me tell you, That a Commission given unto them against the Rules of common Reason, IS VOYD IN IT SELF; and a power exercised by the Commissioners beyond the Rule of Common Reason, It not OBLIGATORY, or BINDING in the least.
Well then Sir (said M. Prideaux) the Parliament now siting are the Commissioners of the People, and they have authorised me to ask you whether this be your Book or no?
By your favor M. Prideaux, you are to quick, for you take that for granted, which I absolutely again deny, and which your self is never able to prove while you live; and I tell you again, They are no more a Parliament then I am; But admit they were a Parliament, They cannot authorise you to examine me against my self and therefore Sir, I detest the returning you any answer to your question.
Without doubt (said he) M. Lilburn you are mistaken, for I never yet knew it an evil, or illegal to ask a question.
But by your favor M. Prideaux, I say it is against the Law of England to compel a man to answer to a question against himself; and your House did so adjudge it in the daies of their Primitive purity, in mine own Case, in reference to the Star-chamber proceedings against me.
But (said he) They never adjudged the Kings Arrumies General asking you questions, to be illegal.
Yes Sir (said I) but they did, for though in the Star-Chamber I was principally sentenced for refusing in open Court to take an Oath to answer to all the questions that should be demanded of me; the latitude of which oath did not barely extend (if I had take it) to such questions as the Court siting should demand of me, but also to all such questions as the Atturney General (by Order from the Court) should have demanded of me: to whose interrogatories I refused to answer, although he examined me by the Orders of that Court; Of which he bitterly complained: and I am sure of it, The House of Commons, and the House of Lords both, did not onely judge the Sentence it self, but the whole proceeding upon it, (&illegible; as well as following) to be illegal most unjust, barbarous &c.
But Sir (said he) You sent one of these Books (meaning the impeachment of Cromwel) down to Colonel Ayres at Warwick Castle, and ordered the bearer to deliver it to him as a token from you, did you not?
Sir, I scorn to tell you whether I did or I did not; it may be I did, it may be I did not, I will not tell you; but if I did, this I &illegible; to you, I know no evil in so doing. So he shewed me the Apprentises Out-ers; Sir, said he, you had a finger too in the making this book, had you not? Said I, it may be I had not onely a finger in it, but also a thumb too; and what then? but it may be I had not, and what then? But whether I had, or had not, I will not tell you; But the Sir of mine own voluntary accord I will tell you, I have &illegible; enough in me to set my Name to all Books I write, without fear or dread: I pray see if you find my name there.
No Sir (saith he) it is not; but it seems then, that all books that hath your name to them, are yours: Will you own this impeachment, for heres your name to it?
No Sir, with your favor, it doth not therefore follow, that all books that have my name to them, are mine, for it is as easie to counterset my name, as to counterset another mans; and it may be it is so now, it may be it is not so, I will not tell you; but this I will tell you of mine own accord, That I have read the Book, and there I find the substance of an Impeachment of high Treason against Cromwel, that I delivered at your open Bar, the 19 of January 1647. for which you committed me to the Tower, as a Traytor in general. And M. Prideaux, I know that you know, at your Bar I offered the House upon my life, to prove and make good what I said; and therefore, why did not you or Cromwel then put me to it? But it seems, he was conscious of his own guilt, and durst not do it.
But M. Lilburn, will you own this Book and make it good now; for it is yours?
Sir, I scorn to deny any Book that ever I made in my life, for I never made a book, but upon mature, sollid, and substantial deliberation considering well before hand what it would cost me; and all the fear in such cases that I am in, is onely till I have got it printed, that I may keep it close and private from the fingers of your Catch-poles, and when it is abroad, I have part of mine end, and use to tell no body, but as many as I can of it: and the desperatest book I ever made in my life, I was never so unworthy to renounce or deny: and I will not say that is not my book, neither will I grant it to be mine. But me-thinks M. Prideaux you are uncivil, that you will not receive an answer when again and again it is given you: and alas Sir, admit it was mine, what &illegible; or just play could I expect to &illegible; &illegible; to make good the things contained in it, Seing Cromwel by his sword hath dissolved the Parliament, and set up a few of his slaves among you for a mock-Parliament, that dare not do but what he will have you?
Sir, (saith he) Cromwel is absent and you lay mighty things to his charge; methinks you should not be backward to make them good.
Sir (said I) if Cromwel &illegible; &illegible; this room. I would tell him to his teeth, he is a base unworthy fellow, and hath under-hand &illegible; and indirect means, for these 2 yeers together, fought to take away my life and bloud, for nothing but my honesty; and in his dealing with me, hath not so much as manifested one bit of &illegible; man, or that he hath an ounce of Personal Valour in him; for a man of mettle, and pure Valour, would have scorned to have dealt so basely with me as he hath done.
Well then Sir, it seems there is a Personal quarrel betwixt you and General Cromwel.
Yes Sir, said I, He hath made it partly so, but I am onely Defendant; and were he here, I would let him know I scorn to give him an inch of ground, but would answer him upon equal term; in any way he himself would chuse: and Sir, I tell you he is the man, yea the principal instrument that hath destroyed the Peace and Liberties of this Nation; yea, and by force of Arm, hath null’d and destroyed the Parliament, and hath left no Majestracy at all in the Nation; for which, he is (upon both the Principles of Law and reason) a Traitor, and ought to dy therefore.
Sir, said he, I tell you the Parliament by force cannot be destroyed; for its continued by an Act, till themselves please to dissolve themselves.
I tell you Mr. Prideaux I have answered that already, and shewed the fallacy and weaknesse of it, but seeing you will not be answered, I will upon your and their own declared principals give it you a little more fully. I find in the Armies Book of Declarations, that upon the 26. of July, 1647. the Apprentises of London, and some other of the rude Rabble, (but for a few hour) forced the House with a few threats, without Arms, and yet they never came down, but one part of a day; and when they did come, they did not pick and cull, and keep out five parts of six, as the Army hath done: and yet the PRINCES of the Army themselves, hath declared that Act Treason, and the Actors in it Traitors; yea, and have declared, that that force upon the Parliament tends to the dissolution of all Government: and though there was but about forty or fifty of both Houses, LIKE VALIANT MEN, that ran away from the avowed discharge of their Trust, to the Army; and left abundently the major part behind them, who the next day of their sitting, and the other day after sat quietly without the Apprentices force; yet the Army would not own them, BVT CALD THEM A PRETENDED PARLIAMENT, A FEW LORDS AND GENISAMEN, SITTING AT WESTMINSTER THAT TREACHEROVSLY ACTED AGAINST THE PEACE AND SAFETY OF THE KINGDOM: ASSVMING TO THEMSELVES THE NAME OF PARLIAMENT, all whose Acts, ORDERS AND ORDINANCES, they declared to be null and &illegible; and not PARLIAMENTARY, NOR BINDING, (See the Armies Book of Declarations, most full in all these particulars, page 49. 53, 54. 67. 82. 100, 101. 104, &illegible; 111. 123. 125, 126, 127, 134, 135, 136. 138, 139, 140, 141. 143, 144.) for being Abbettors to that force: (See Article 4.) yea, and impeached some of the eleven Members at Traitors: nay and the Speaker himself in his Declaration, calls their forced Votes, NOT THE VOTES OF THE REPRESENTATIVE BODY OF THE KINGDOM, BUT THE VOTES OF A TVMVLTVOVS MVLTITVDE. Now Sir, if a little force of the &illegible; for a few hours nullifie the Votes and Orders of Parliament, and make them no Parliament that sit under that force, (being far more the major part) in the place where they ought to sit, yea and is so infectious, as that it tends to the dissolution of all Government; abundantly much more upon their and your own grounds master for greater force of the Souldiers, dissolve the Parliament and nullifie all their Votes and Orders, and absolutely tend to the dissolution of all Government.
Sir (saith hee) it’s very true, there were such Declarations that did declare the howse that sate in the absence of us, that were forc’d to fly to Hounsloe Heath, to bee no Parliament, and all their Votes and Orders they made in our absence, to bee null and void; but yet the Parliament was kept on &illegible; by our comming back and sitting; and so was not dissolved.
Why Mr. Prideaux, doe you think I have lost all my braines and reason? for the forced Parliament, as you call it, was either a house of Parliament, or no house of Parliament, but if a house of Parliament, you that adhered to the Army were sa pack of Traytors, so voted and declared by them, and by consequence all the rest of their votes and Orders were Legall and Binding: But if it were no house of Parliament, then there was none in England, for your house as a house never adjourned to Hounsloe Heath, but to the usuall place in Westminster, and if those that met and sate there were no house of Parliament, then your house was sine die, and so dissolved, and your coming back from Housloe Heath to sit againe, could not make it a house; for being sine die, and so, in Law, dissolved, you could as a Parliament meete no more, without a new Summons, either from King or People; I am sure not without a new choice Election, and impowring from the People; and therefore every &illegible; upon your owne grounds you are no Parliament, but absolute Usurpers, and all your Actions null and void in Law, and you liable to severe punishment for your Usurpations.
But Sir saith Mr. Prideaux, you had a finger in dispersing this booke of the Prentises; for I have evidence that you gave some of them away, and that you sent those to whome you gave them to a place where they should have more, did you not?
Truly Mr. Prideaux I must now tell you, you are not civill (nor so ingenious a man as I had thought you had beene) thus with cunning tricks to force me to answer your Interrogatories, and without doubt Sir, your braines are not in temper, that you are not capable to receive an answer, although I have given you it over and over againe and againe, and told you I am not bound to answer you in Law, neither will I; but if I were bound, yet you are no Majestrate at all, in any sense, and therefore I should countenance an Usurper against my owne Judgement and Conscience if I should answer you; but yet this of my owne accord I will say to you, I have read that booke of the Prentices, and I find no evill in it, but a great many cleere truths and honest things; and it may bee I bestowed a shilling or three in them liking the Booke well, and it may bee I gave them away when I had so done, and what is that to any man, my money is mine owne, and hee that can pick an advantage against me let him doe it; but it may bee I bought never a one of them, nor gave none of them away, but whether I did or did not, I will not tell you, and therefore Mr. Prideaux, I pray have so much braines and ingenuitie in you, as to apprehend and judge you are Answered, and aske mee no more Questions, for if you doe I wil vex you, and again I tell you, I renounce your Authority, and those that impowred you.
Good Mr. Lilburn bee not Angry, but give mee leave to bee faithfull in the discharge of the Trust reposed in mee.
Good Mr. Prideaux your authoritie and your trusters, I both renounce, as a fiction and Usurpation, and I beseech you bee not mistaken in mee, to take mee for a silly novice, for I have my braines, wit, and nimblenesse lively about mee, which are beyond your abilities to catch; for Sir, I must tell you, when I was a stripling boy of about twenty yeares of age, and was examined by Sir John Banks, the Kings Attourney Generall, in the yeare 1637. which Sir John Banks I owned for a legall Majestrate, at also his Master the King, and the Judges of the Starre-Chamber, that in that particular set him at worke, and at that time I had never beene in trouble before, nor never had to my remembrance read any of the printed Lawes and Statutes of England, but barely the Petition of Right, from which Law alone, and Pauls Plea before the Pagan Roman Governours, I had learned so much Law for my owne defence, that I then bastled Sir John Banks and would answer none of his Interrogatories; and doth Mr. Prideaux think, that now at this age, after I have beene learning this twelve yeares together, all the learning that the grand Schoole of experience can teach mee, and read aboundance of the Lawes of England through and through, and beene test and tumbled againe and again from Goale to Goale, for standing for my Legall Rights; that Mr. Prideaux (that I know to bee no Majestrate) can bastle, catch, insuare, or intrap me, with his often (as bee thinks unawares) asking mee one and the same question twenty times over, no &illegible; warrant you Sir, you are mistaken; and therefore againe I tell you finally; I renounce both your Power and your Masters the Parliament, as you call them. But yet notwithstanding this, I will freely say to you, that so you may know that I am a true English man, that happily loves the Peace and Prosperity of my Native Countrey and have no guilt in my owne Conscience to recuse mee of any misdoings to man, though I must and doe ingeniously confesse, as to God, I have my failings and infirmites with other men, there being heere on earth in these fleshly mortall bodies or houses of ours, no perfection: But yet Sir, I say as to man, that I may cleerely demonstrate my inward Peace and my reall affection to my Native Countrey, and that there may bee no pretence of Commotions or troubles occasioned any more about mee; on that condition that you, that now pretend your selves a Parliament, will bee willing in six moneths time wee shall have a new one, and give good cautionary securitie for the performance of your promises, that really wee may have a new Parliament, either upon the old Principles or upon the Principles of an Agreement of the free People (the latter of which abountdanly I more desire) I will bee willing to remaine in Prison till then, and give good securitie not to write a line, no nor directly nor indirectly to indeavour any publique disturbance, and also I will ingage freely to surrender my selfe up to a Tryall at Law before Judges of the next Parliaments making, and plead to the Indictment let all the adversaries I have in England, upon this condition, lay the greatest load upon me that possible they can, or if this will not bee imbraced: then,
Secondly, as I have divers moneths agoe proffered in the Tower, face to face, to Mr. Dell, who hath beene Generall Fairfax his Chaplain, and also Cromwells and who in Interest is ingaged with them, being largely as I understand promoted by them; and yet notwithstanding being conscious of my owne integritie and uprightnesse, and that upon their owne primitive declared Principles; and believing that the said Mr. Dell hath a Conscience, I will bee willing to avoid any further publique disturbance, that my adversaries shall chuse Mr. Peters, my already provoked, ingaged and incensed adversary, and I will choose Mr. Dell, which two I shall bee willing shall bee finall Arbitrators, Umpires or Judges to decide all manner of differences betwixt us, unto whose finall Judgement (all though it reach to life) I will tie my selfe to stand: provided wee may have a faire, free, publique and open hearing, indifferently for the accuser and accused; and this Mr. Prideaux I desire you to acquaint your Masters with, and further I tell you, if you please, I will give it you now under my land, and if this will serve their turne, or satisfie them, well and good, if not; let them doe their worst, I renounce their Power and bid defiance to their malice.
Nay further Mr. Prideaux that you may know I am ingenious and not a dry stick, although I cannot owne nor discourse with Mr. Prideaux Attorney Generall yet if Mr. Prideaux the Lawyer or Mr. Prideaux as a private gentleman please a any time to send for me, I will at his desire without dispute, come to him (if the Lieutenant of the Tower will let mee) and I will friendly and fairely discourse with him an houre, two or three, or as long as hee pleaseth, even till hee bee weary, upon any subject hee pleaseth, either upon Law or Divinitie, mirth or sorrow; nay I will bee willing that if Mr. Prideaux please, hee shall have present six, eight, ten, or twelve of his fellow Members the ablest hee can pick amongst them, and I will discourse with you all one after another, make the best advantage to your selves you can of my discouse; provided I may have two or three friends quietly to sit by, to observe what passeth, that so I bee not belyed behind my back when the discourse is done.
I but Mr. Lilburne a man doth not know well how to talke to you, you are so subject to print every thing is said to you.
Truly Mr. Prideaux, I would have you to know, I can if I please keepe a secret as well as your selfe, and I yet never discoursed with any man about my Trade, or any other thing, that ever I publikely made use of to his detriment, and I would have you to know Mr. Prideaux, if any man, what ever, communicate a secret in discourse to me, I scorne to bee so base and unworthy, and to bee so ignorant of the rules of humane societie, as to publish &illegible; to his prejudice, or to make any other use of it but according to the ingagement made by mee to him, when hee communicated his secret to me; but Mr. Prideaux, if any man under the pretence of friendship, shall discouse with me meerely as a Rogue to take advantage of it, to my detriment, or if any man through weaknesse, shall make use of my discourse with him to my prejudice: truly Mr. Prideaux in both these cases I will publish or otherwise, as I please, make use of his discouse with mee, for my justification or vindication, and in this I commit no act of basenesse or incivilitie, neither is it in the least against the rules of friendship or humane converse. or,
Thirdly, Mr. Prideaux, if any man shall send for me on set purpose to discourse with me to catch me, as I know you now doe, let him looke well to himselfe, for I will dresse him if I can, and therefore Sir I tell you, I looke upon you as my Antagonist, who against my own free will and consent, have caused me to be brought before you, on purpose to &illegible; with me (not in friendship but to ensnare and intrap me, and therefore Mr. Prideaux) seeing I know this, I have set all my Guards upon you, and looke to your selfe as well as you can, and catch a hole in my coate if you can, for I am in the vaine to discourse with you as long as you please, and will not give over till your self declare your weatinesse, and that you will discourse no more, and this I doe assure you aforehand, that say what you will, I will observe it as well as I can, and if I bee like to be in a straite, I will make use of your discourse for my owne best advantage, yea, and if I judge it advantageous to me, I will also print it, therefore locke to your selfe,
True it is Mr. Lilburn, in the sence you speake, to print any mans discourse is not &illegible; worthy, but just; and ’tis true, I am your Antagonist, and my place & office leads me out to be so, and I wish I had no occasion at this time to be your Antagonist, but truly Mr. Librune, I am afraid I shall shortly meete with you at a place where I shall be your Antagonist upon more uneven-termes then now I am.
Truly Mr. Prideaux it may very well be so, for you must needs bee upon unequall termes with mee, when you have at your command &illegible; thousand &illegible; to make good what ever you say against me, and I have nothing to defend my selfe withall but this poore single Cane; and it is true Mr. Prideaux, being already prejudged, yea and condemned without hearing; You, who represent those you call the supreme Authority, and who by virtue or your being a Member of the House, are Judge of the Judges before whom you pleads, as also a Lawyer, full of Sophistry, and therefore an unequall &illegible; in all which respects you must needs bee too hard for me, if you shall being me to the Bar, before those Judges, to Try me, that are made by your selves and others that have already condemned mee before ever you heard mee speake one word for my selfe; (but yet Sir, whensoever you shall presse mee to doe this, I doubt not but so to handle you, that you shall get neither credit, safety nor gaine by it, (for the King himself never did the like) But Sir, upon equall termes, unprejudged before a just Majestracy, I dare with confidence mee to you and all the Lawyers in your House at any Bar in England, and doubt not but with your owne weapons, me only to &illegible; but sufficiently &illegible; you, but Sir, bring me when you please, upon all your own, unequall termes, I value you not the paring of my raise, for, I blesse God, I am sitted for you, having cast up my Account long since, and I am at peace with Death, and I tell you Sir, no man can bee a Slave but he that is afraid to die, which I blesse God I am not in the least, and therefore desie you.
Well, said Mr. Prideaux, you will be &illegible; by a just Magistracy shortly. No Sir said I, I deny &illegible; for I you Try me before any in present being, it must bee such a Magistracy as Wil. the &illegible; or &illegible; tooke away English-men: Lives and Estates with end by, viz., his &illegible; and Sword; but whenever you doe it, it will be nothing for your credit &illegible; &illegible; to lay me in Prison for nothing, and keepe mee six Moneths together &illegible; without laying ever any pretence of a Crime, in Law, unto my Charge all that time, but &illegible; more Tyrannically with me then the Pagant did with Paul, in denying me the visits and accesse of my friends, nay locking mee up &illegible; from the Societie of my fellow Prisoners, to &illegible; me of my Estate to a great value, without any pretence of triall at Law, as you will reade in that book I gave you, Sir &illegible; &illegible; hath done, and yet notwithstanding deny mee that Legall and Customary allowance that is my right by the custome of the place where I am a Prisoner, to live upon; yea, and endeavor when you can finde no Crime in me, to &illegible; false witnesses to sweare against me to take away my Life, as is truly discovered also in that booke, pag. 8, 9, 10, 11, 12, 13. I say Sir, considering all these things, for you to lay me in Prison for nothing, and then Moneth after Moneth for you to lay all the provocations upon me that possibly you can to compell me either to since under, or cry out upon your oppression, and when they are more then I can well &illegible; for you then to &illegible; advantage of my crying out, and goe about to hang me therefore, weighing all your originall pretences of Crimes for which you imprisoned me, will be nothing for your honour or credit, but will be a &illegible; demonstration that I was an innocent, Righteous, &illegible; man when you first committed mee, and that &illegible; Malice was the ground of your Commitment, and nothing else: But Mr. Prideaux doe your worst, all of you put together, I weigh you not, not value you not; for I tell you Sir, &illegible; I told the L. Heath when I was arraigned at Oxford, for fighting in your first Warre against the King, I blesse God I have already learned to die, having ever since my first contest with the Bishops alwaies carried my &illegible; in my hand, ready at a &illegible; of an &illegible; warning to lay it downe; and I tell you againe Sir, I blesse God I did looke round about me, to every side and corner of the quarrell that I am in, and did seriously weigh, consider and debate betwixt God and my owne Soule, whether my present engagement was worth the hazard of my little finger; For, and upon a cleere &illegible; in my own Conscience, I found it to be worth the engaging of my Life for; it being for the maintaining of that that differs and distinguisheth me from a Beast, viz. for my Liberties and Freedoms; yet for the &illegible; &illegible; of the absolute Soveraignty of God, and that alegiance, by naturall creation, that I owe him; which is to owne him alone as the absolute Soveraigne and Law giver by his Will and Pleasure, without any competitor in the World; and Sir &illegible; you I am knowingly, deliberately and understandingly engaged, and by the gracious assistance of the Lord Almighty, being so deepely engaged as I am, I will spend the last drop of my heart-blood before I will violate my inward Peace, by seeming against my owne understanding, in giving ground one inch, or turning my back upon my present engagement.
But wil not the care of the future well-sate of your Wife and Children prevaile with you to desist.
No Sir, said I, not in the least, although I love my wife as &illegible; as any &illegible; in the world loves his, for I blesse God he hath endowed me with that Judgement and understanding that he hath enabled me to looke upon my Wife and Children, but as subordinate things to his Will and Pleasure; and to looke upon himselfe &illegible; the &illegible; and perfection of all Good, who alone, of right, is to be owned, in the &illegible; of all other things, if he require it: and I cell you Sir, what ever you and others may think of me for a rash man, yet upon a cleere tryall of me you will not find me &illegible; but a man that walkes by Judgement, Counsell, and deliberation; yea and that by the Counsell of the greatest Counsellour that ever was; for I tell you Sir, I am not easily ingaged upon any businesse; but, when I am about on undertaking, I looke round about it, and into the midst of it, as well as all that reason and understanding my Creator hath given mee will inable mee, and if I find God satisfying my understanding, that the ingagement is lost and righteous, and that in duty and Conscience I am ingaged in a kind of necessitie to undertake it, let men and &illegible; &illegible; &illegible; mee in it, I will either through with it or dye in it; and ingaged over &illegible; and eares I am at the present, and therefore resolved I am never to &illegible; &illegible; while I breath, cost it what it will, for Money, &illegible; Honour are &illegible; of my &illegible; &illegible; but &illegible; under me as the dust of my &illegible;
Put Mr. Lilburne, may not you bee mistaken in your Ingagements as well as other men.
Yes Mr. Prideaux, it’s possible I may, for I assume unto my selfe &illegible; Spirit &illegible; &illegible; but if I should bee mistaken in my Ingagement, the punishment is principally to my selfe, but sure I am in my present ingagement, I am not mistaken, but &illegible; upon as &illegible; &illegible; and &illegible; a &illegible; as &illegible; any ingagement I was upon in my life; therefore it in the prosecution of it I &illegible; I &illegible;
Well Mr. Lilburne (saith &illegible;) I think you have ingaged against (and &illegible; with; all the Powers in this Nation, both King, Lords, and Commons, have you not).
Mr. Prideaux, if I mistake you not, you aske mee if I have not ingaged against King Lords and Commons, because they were Powers, to which I answer no.
No Mr. Lilburne, I aske you if you have not ingaged against all them Powers.
Yes Sir, that I have and more &illegible; but &illegible; because they were Powers, but because they lost and &illegible; &illegible; that declared and knowne &illegible; by which they themselves were to bee Ruled and guided, in the exercise of that Power, for, Sir, I say to Power an earth is absolute but God &illegible; and all other Powers are dependants upon him, and those Principles of Reason and Righteousnesse that hee hath indowed man with, upon the true &illegible; of which all earthly &illegible; Majestracy ought to be founded, and when a power or Majestracy degenerates from that Rule, by which it is to mee Ruled, and betakes it selfe to its &illegible; and innovating will; it is to bee no &illegible; a Power or Majestracy, but an &illegible; Teranny to bee resisted by all those that would not willingly have man to &illegible; the Soveraigntie of God to Rule by his will and pleasure; and therefore it was thet I opposed the Bishops and Star-Chamber, because they &illegible; the Declared Law of England, their Rule and guide and would have Ruled over me by their crooked wills and pleasures; and either this my contest with them &illegible; just and righteous, or else you in the house of Commons and also in the house or Lords, were a company of unjust &illegible; so eminently to justifie mee in it &illegible; &illegible; &illegible; Orders and Decrees as you have done, which Votes, Orders and Decrees &c. became grounds, incouragements and incitements to mee to oppose the Kings will yee and not only his but the Lords and yours also, and as for my contest &illegible; the King and house of Lords, you your selves have done more then Justified mee &illegible; both of them, for you have &illegible; the functions of them &illegible; which was higher then ever &illegible; &illegible; with &illegible; of them, for my contest with both was &illegible; &illegible; but against &illegible; and as &illegible; my contest with your selves (I meane the house &illegible; Commons, as it is commonly taken) you your selves have alwaies hither toward justified mee in that; for although I have beene seven, eight or nine severall times your Prisoner, yet &illegible; to you never in all your life laid any pretence of &illegible; to my Charge, but alwaies released mee as an Innocent and honest man.
&illegible; Sir, said hee, that was their lenity, mercy and compassion towards you.
&illegible; Mr Prideaux by your favour you are very much mistaken, for I never craved any item them, but alwaies scorned it, continually standing upon my Justification and &illegible; &illegible; to them, as in my present imprisonment I am resolved to the death to doe.
But Mr. Lilburne, why may not you as well owne our Authoritie (I meane the Parliament) as owne Barron Rigby that is made by us: for you have call’d him Barron Rigby once or twice, and I am sure hee was noe Barron till the present Parliament made him one.
Truly Mr. Prideaux, I heartily cry you mercy, forgive mee this crime or errour and I doe assure you, you shall never catch mee in the like fault; but truly Sir to excuse it, I must tell you I have many materiall things in my discourse to think upon and I conceive this but a circumstantiall or accidentall one, occasioned by meere forgetfullnesse; having many things at present in my head: but truly Sir, having the other day occasion to write him a Letter, at a time when my braine was troubled with nothing else; I stiled him only Collonel Alexander Rigby, and if you will not beleeve mee I have the copie of it about mee, which I will reade to you if you please, which though I did not then, yet because I was unawares catch’t upon the hip, take heere the copie of it.
Honoured Sir,
MY Particular obligations to your selfe in times by past, I cannot but in Ingenuitie acknowledge have beene very many, and I could wish it had beene in my power really to expresse them in any other manner then words; Sir, the Reasons of my troubling you with these lines is, because I understand your man was at my house a few houres agoe as from your selfe, as my wife tells mee; therefore, although I had rather bee silent then my scribling give distast to a man I have found so much reality in as I have done in your selfe, yet out of the lowest degree of Civiltie and ingenuitie, I cannot doe lesse (though I must freely let you know, I looke upon you and my selfe as now positively ingaged in two contrary Interests that can never subsist one by th’othe, without continuall warres each with other) then tender my hearty respects personally to you, and further let you know that I should bee very desirous (if you conceive it might not bee prejudiciall to your selfe) to waite upon you at the time and place you please to appoint to exchange a few words with you, and so I commit you to God and rest,
Yours particularly very
much Oblieged,
Winchester house this
24. of August 1649.
John Lilburne.
But Sir, I must confesse unto you Col. Rigby is a man (setting his present place aside) I have a great deale of cause to love and honour; hee hath beene my faithfull and true friend, and I have alwaies, to mee in particular, found him a very &illegible; righteous and obliging man; and in that regard being my selfe but a fraile man, may bee like the rest of the men of the world, and out of partiallity give him (on a suddaine) a stile more then is his due; but as I said before Sir, so I continue still beging your pardon for this one fault, and I doe assure you, you shall not catch mee commiting the like.
So Mr. Prideaux, it seemes, being almost wearied with discourse, takes up my booke against Sir Arthur Haslering, and reads a preparrative to an &illegible; and Cry after Sir Arthur Haslering, a late Member of the forceable dissolved house of Commons, and now the present wicked, bloody & tyrannicall governour of New Castle upon Tyne.
Saith hee in Lataine to this purpose, good words would have done well and have beene better Mr. Lilburne.
Beleeve mee Mr. Prideaux, for any thing I know those very words are too good for his base actions towards me, as I beleeve you will cleerely find it so when you read the booke seriously through, which I earnestly intreat you to doe, and then it may bee it will take off the &illegible; of your prosecuting me: for can any words bee too bad for a man, that by his will without legall cause casts another man in prison, and when hee hath him there indeavours to hire false witnesses to take away his life, yea and robs him of his Estate bywill and power that should buy him, and his, bread to keepe them alive. So hee spake another sentence in latine, which I being not able to understand, intreated him to speake in English, for I was but a bare English man, understanding no Latine but a company of common words, and therefore intreated him to speake only English if hee would talke any more, but if hee was weary hee might give over when hee pleased, but for my part I was not weary, nor would not give over the discourse so long as hee pleased to hould it:
Truly Mr. Lilburne saith hee, for my furious prosecuting of you, the duty of my place requires mee to doe what I doe, and I doe assure you I doe not know that ever personally I did you any wrong, did I?
Truly Mr. Prideaux, at present I doe not remember, but if ever you did; I doe not call to mind at present that ever personally I gave you a provocation, or did you personally any wrong; but it is likely Mr. Prideaux, when you doe mee wrong, either personally or officially, that you shall heare sufficiently of it.
Whereupon he took up my book, and looking upon it, said to this effect; Mr. Lilburn, without doubt you scarce sleep for studying and writing of books. doe you? Yes Mr. Prideaux that I doe, as well and as heartily as you or any man in England and as or such a book as that is, if I be well in my health and my eyes, and be in the vein of studying, I can mak such a book, upon any subject in 3 or 4 daies space.
I but &illegible; he &illegible; & lacremæ in your sufferings were better.
I confesse Sir to you it were so, for then you might commit all manner of oppression and Tyranny towards mee without feare or dread of ever beeing told of it againe; but Sir, I know no man hath so much cause to use Prayers and teares as oppressors and Tyrants, for the wrong and injury they doe to other men; but Sir, this Argument was the Bishops old weapon which they used to keepe the People in peace with; but sure I am Paul made use of his Reason to defend himselfe against his adversaries as well as Prayers and Teares; yea and with it to save himselfe, with it set them together by the &illegible; Act 23. 6, 7, 8, 9. But I pray Sir, why did not you your selve (I mean the house of Commons) make use of these weapons and none else against the &illegible; who I am sure upon your owne Principles was a legall Majestrate; and therefore Sir, if you believe that Prayers and Teares are the only weapons that Christians must use against oppressing Majestrates, you your selves might have done well to have led us the example (for examples are most commonly of the strongest operation upon the mind) and have suffered the King (a lawfull Majestrate) to have cut your throats, without either your Reason (in your Declarations and Remonstrances against him, or your Force and Swords, in Fights and Battells) against him, and therefore Sir, you your selves having in your Actions and Practise (which are the most forcible Preachers) made use of other weapons then Prayers and Teares against the King when hee oppressed you; give mee leave I beseech you to walke towards your selves in you owne steps, to make use of your own weapons against your selves when you oppresse mee; but I assure you Sir, if you will not give mee leave I will take and use it, and teach it to bee used to the utmost of my Power and as far as I am able; and therefore Sir, it is a vaine thing for you to Preach any such old Popish Doctrine to me, especially considering your owne is quite contrary to your present verball Doctrine; and therefore right or wrong, if I doe by you as you have done by others, you (of all men in the World) cannot say it is unjust in mee so to doe.
Thus my true friends I have given you as exactly as my memory will inable mee, the true substance of my discourse with Mr. Prideaux the nik-named Attorney Generall; who appearing to mee pretty well exhausted of matter, fairely and civilly told one hee had done with mee as present, and therefore bid mee farewell, and I him; and comming out into his next roome, wee found it very full of my old acquaintance and true friends, at the fight of so many I could not but wonder, considering that the Lievetenant of the Tower did so surprize mee in time, as is before declared, before hee let mee know of his warrant, that considering the framing and writing of my forementioned &illegible; I had scarce time or oportunitie to give notice to any of my friends that lives highest to mee; but coming back to the Tower, the twenty-seveneth of September 1649. Collonell west was pleased to shew mee a warrant which severall dayes before hee had in his hands, the copie of which thus followeth.
Whereas Lievetenant Collonell John Lilburne hath beene formerly committed prisoner to the Tower of London for High Treason and that wee are informed, that there is sufficient evidence against him, for bringing him to his Triall for Treason: These are therefore to will and require you forthwith to take into your custody the said Lievetenant Collonel John Lilburne, and him safely to keepe in the said Tower of London in order to his Triall, for the said crime, of which you are in no wise to faile, and for which this shall be your sufficient warrant. Given at the Councel of State at White-Hall this 19. of Sept. 1649.
To the Lieutenant
of the Tower.
Signed in the name, and by Order of the Councel
of State, appointed by Authority of Parliament:
John Bradshaw, President.
And since the knowledge of this Warrant, I understand they have in Order to my particular Tryal, signed at the great Seale (as they call it) a pretended special Commission of Oyer and Terminer for London and Middlesex, to which I cannot so fully speak, as by Gods assistance I intend, till I have seen a Copy of the Commission, which I hope shortly to do, and therefore must now crave your favour to suspend the performance of my promise exprest in the foregoing, page &illegible; for a little time longer, and intreat of you to accept this which here already I have writ to you in good part, till more come, and to look upon this as the substance of my Plea and defence against them, whensoever I come before them; upon which, by the strength of God I will dye, for which (I blesse his name) I am prepared, as scorning their curtesie and bidding &illegible; to their malice, who are to me no more a Parliament or Majestrates in any sence, then so many strong robbing Theeves in the high way; whose Power or Authority, by the Assistance of the Almighty, I shall never while I breath stoope unto, or so much as hereafter directly or indirectly addresse unto, or suffer any in my name, or for my benefit (so farre as I am able to hinder) to addresse unto; only this I intreat of you, that if I should die in this contest (for putting them in mind of their promises) that you will improve your utmost interest, that this Epistle may live, and many Thousands of them he re-printed, and seeing by their new pretended Act about Printing they cannot be sold, they may be thrown away, and given, and sent all up and down the Nation; So with my true love presented to you all, I commit you to the safe Protection of the Lord God omnipotent, and rest,
From my unjust and causelesse
captivity in the Tower of
London, this 30. of
Sept. 1649.
Your faithfull friend and Countreyman,
so long as he is.
John Lilburne.
Postscript,
ALL The Petitions to the pretended House, for their Courtesie or Favour towards mee, by any Persons whatsoever, though never so nigh to mee; I totally disavow, disclaime, and disowne, as altogether done against my Consent, Will, and &illegible; being absolutely Resolved, by the strength of God, to lay down the last drop of my blood, in Defence of my foregoing Discourse.
October 13. 1649.
John Lilburne.
Endnotes
[* ] and if not a formall standing Power, then at most they can &illegible; to no power at all, but to govern according to those wholsome Lawes and Ordinances they found in being, at this the Armies finall forcing and disolving of them, till a just and unquestionable Representative can bee chosen and &illegible; having by this their owne confession no power in the least to make any new Lawes at all, or any Orders to &illegible; so much as the pretended name or stamp of Lawes; but they have verified the old Proverb, that oportunity makes a &illegible; for their successe hath made them Tyrants and regardlesse of all their promises.
[* ] see those notable instances of God’s vengeance upon Faith and Covenant breakers Recorded in the 9, 10, 12, 13, pages of my booke of the 31 of May 1647. called Rash Oathes unwarrantable, & in the 2. edition of my Book of the 9 of June 1649. Intituled The Legall Fundamentall Liberties of the People of England Revived pa. 16, 17, and in that most remarkable Epistle of Mr. James Freize Merchant, (Prisoner in the &illegible;) to the Generall, dated 25 Aug. 1649. and Intituled the Levellers Vindication, page 6, 7, 8.
[* ] I am necessitated to acquaint you, that the difficulties accompanying the Presse, by reason of the late Act against unlicensed Printing, hath occasioned abundance of faults in this my present Epistle, and hath likewise been the occasion of leaving out almost a whole page of my Copy, betwixt the latter end of the first &illegible; and the beginning of the second, which hath constrained me to insert it after this manner.
[move from vol. 7??] T.256 (7.39) William Bray, A Plea for the Peoples Good Old Cause (2nd ed., 17 October, 1659; 1st ed. 24 Oct., 1649).↩
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ID NumberT.256 [1659.10.17] (7.39) William Bray, A Plea for the Peoples Good Old Cause (2nd ed., 17 October, 1659; 1st ed. 24 Oct., 1649).
Full titleWilliam Bray, A Plea for the Peoples Good Old Cause: Or, The Fundamental Lawes and Liberties of England Asserted, proved, and acknowledged, to be Our Right before the Conquest, and by above 30 Parliaments, and by the late King Charls; and by the Parliament and their Army in their severall Declarations in their particular Streights and Differences. By way of Answer to Mr. James Harrington his cxx. Political Aphorismes, in his second Edition. By Capt. William Bray.
Acts 22.28, 29. And Paul said BUT I was FREEBORNE. Then straightway they departed from him which should have examined him; And the Chief Captain also was afraid, after he knew he was a Roman, and because he had bound him.
Entered according to Order. London, Printed by J.C. and are to be sold by Francis Smith at the Elephant and Castle near Temple-Barr. 1659
Estimated date of publication1st edition: 24 October, 1649; 2nd edition: 17 October, 1659.
Thomason Tracts Catalog informationTT2, p. 260; Thomason 763 [7]
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
Text goes here
I.
AS to the first Aphorisme, it is granted you, that the errours and sufferings of a People, are from their Governours; But I desire you to consider, and grant the Reason thereof which is, (as I conceive) because they have laid aside the RIGHT RULE (viz. the FUNDAMENTAL LAW) to be directed, and governed by, and to govern others also by, in this grand and humane concernment, as to LIFE, LIMB, LIBERTY and ESTATE, according to the 29th Chapter of the great CHARTER of England.
II.
As to your second Aphorism I averr, That the foundation of the Government of England is LAW, and a sufficient unmoveable Foundation, and is termed a Fundamental Law, not only from the unknown Original of the great Antiquity of it, (by mutual consent, agreement, and usage of the People (as is to be presumed) upon mature and serious deliberation, without any violent imposition) But because of the justness, peaceableness, and impartiality thereof, for the provident means of conservation of all our Lives, Limbs, Liberties and Estates, from illegal, and Arbitrary violence, and destruction, and to procure Justice and Right in the Land of our Nativity; And for the Governours (being generally but temporary, and subject to imperfection, death, and divers humane casualties) they are in the eye of the Law subordinate to the being, and Excellency of the Law, neither did ever any wise and just person (as I conceive) who loved his Country) in any age or time, (upon just and serious consideration with himself (requisite in such cases of weight) endeavour to alter it. And if any persons have laboured an alteration (to gratifie an unjust Faction or interest, or for some other Reasons presented (though very plausible) it hath oftentimes proved very fatal to the Innovators themselves in the experience of the People in the exercise of two of the sences, (viz.) of Sight and Feeling, although you say in your 5th Aphorism, they cannot see but feel.
The 29th Chapter of the Great Charter consists of these ensuing Particulars.
That no man shall be taken or imprisoned in the first Place; because the Liberty of a mans Person is more precious to him then all the rest.
None shall be disseissed (that is dispossessed of his Freehold (that is) Lands, or Livelihood, or Liberties, or Free Customs, (that is) of Franchises, Freedomes, and Free Customes, as belong to him by Free BIRTHRIGHT.
None shall be Out-lawed made an Exlex, put out of the Law, (that is) deprived of the benefit of the Law.
None shall be exiled or banished out of his Country (that is) no man shall loose his Country.
None shall be in any sort destroyed, unless it be by the Verdict of his Equals, or according to the Law of the Land.
No man shall be condempned at the Kings Suit, either before the King in his Bench, or before any COMMISSIONER or JUDGE whatsoever, but by the lawful Judgment of his Peers, (that is, Equals) or according to the Law of the Land.
And further to manifest that it is to be presumed, that the people were sensible that there was a possibility & probability of imperfection in a King (as he was a man) what through himself on the one hand, or what through evil advice on the other hand, which may surprize greatness and seduce it contrary (peradventure sometimes) to their own inclination, suitable to that saying of the Apostle 1 John 1. 8. 10. If we say we have no sin, we deceive our selves and the truth is not in us. If we say we have not sinned, we make him a lyar and his word is not in us, Rom. 3. 9, 10. What then are we better then they? No, in no wise: for we have before proved both Jews and Gentiles, that they are all under sin; As it is written, There is none righteous no not one. For no single PERSON or PERSONS in the world that ever did or may Rule among men, can say of himself or themselves as Paul in the 4 Heb. 15. said of CHRIST, who though he was tempted yet was without sin; therefore it was necessary there should be a Legal Supremacy in our FUNDAMENTAL LAWS and RIGHTS, and to manifest (as I conceive) that there was like Knowledge, and necessary indubitable apprehention in a King (in the daies of many Monarchs) as well as in the People, that there was such a possibility and probability of imperfection if the Law should not be a Rule to the Governours (as well as governed) there is in the end of the said 29th Chapter these other and last ensuing Legal and necessary particulars, and Obligations, to bind him from intermedling, and doing Acts of evil, or hindring Acts of Justice or Right, and that the Peple in their Methodical Fundamental way of Justice might distribute Justice, and Mercy one amongst another, according to that RIGHTEOUS RULE 7 Matt. 12. Do in all things as you would be done unto.
We shall sell to no man Justice or Right; So that Coverousness, (which by the Reverend Apostles, and divers Scriptures, is said, to be the Root of all evil) was to be abandoned by this FUNDAMENTAL LAW, and no profit was to stand in the way of Right to any man whatsoever.
We shall deny to no man Justice or Right so that the Law saith, it was not in the power or courtesie of Princes to give us Right as a favour, for they were bound by the Common Law, which was our Right for many hundred years ago before the CHARTER, and by the CHARTER, and by OATH, not to deny us Right, yea impartiall Justice or Right. And therefore VVilliam the Conquetour after he had Conquered all almost, yet did sweare to confirme, and defend our Lawes, and antient Customes and Rights.
We shall deferr to no man justice or Right, so that thereby it is apparent, there was no way for Evasion of this wise CHARTER of Confirmation or Restitution of our Common Law, or to avoyde the injoyment of our Fundamentall Rights (without which we cannot live) For it is a clear thing to all rationall men, that Justice or Right is not to be sold or denyed to any, but if it be neither sold or denyed (in any visible Fact or Deed,) yet if it should be delayed, it would be a lingring, and wasting spoyle and Consumption, and as destructive to the interest of the People, as if the two last precedent Provisions and benefits, had no being at all, for the renowned Lord Cook saith, dilatio est quædam negatio; And therefore I shall say as it is said by the Translator to the Reader in the Book called the Mirror of Justices, (who rationally declined the opinion of some) That our Common Lawes as to the generality slowed first out of Normandy) As Cicero was bold to derive the Pedigree of his Roman Law from the great God Jupiter, so (saith he) I hope without offence, I may be imboldened in the person of our Common Law, to say, That when the Lawes of God and Reason came first into England, then came I in. This I declare, and recite, to shew the excellency of the Fundamentall Law of the Nation.
The Lord Cook in the first part of his Institutes in his Commentary upon Littleton, Lib. 2. Cap. 4 Sect. 108. Magna CHARTA is so called in respect of the weightiness, and weighty greatness of the matter contayned in it in few words, being the Fountaine of all the Fundamentall Lawes of the Realme, and therefore to be presumed inviolable, and saith he, it may be truly said of it, That it is Magnum in parvo: It is in our Books called CHARTA LIBERTATUM. COMMUNIS LIBERT AS Angliæ, or Libertates Angliæ, or CHARTA de LIBERTATIBUS, MAGNA CHARTA confirmed above 30 times in full PARLIAMENT. And by the Stature of the 42 Ed. 3. cap. 3. if any Statute be made against it; it shall be voyd; whereby it doth appeare by the wise Act of our Ancestors (in former and peaceable times,) that they did foresee that future Parliaments might possiby endeavour to make this Fundamentall Law ineffectuall, by making somthing or other against it: And further he saith (To demonstrate Parliaments are, and are justly to be limitted, and guided by it, so as to make no Act contrary to it, or inconsistent with it) It is the FOUNDATION OF ALL OTHER ACTS OF PARLIAMENT: And further he saith (to manifest that this Law was common Law, and was before the Charter in the peoples possession:) It is but a Confirmation or Restitution of the Common Law, as in the Stature, made Confirmatio Chartarum. An. 25. Ed. 1. it appeareth by the opinion of all the Justices: And it is a Maxime in the Law, No man ought to be wiser then the Law, and Ed. 1. for demonstrating his affection to the excellent common Law of England had the honorable Title to be stiled Vindex Anglicanæ Libertatis, as appeares by Mr. John Bashawes Argument of Law (in Parliament) against the Bishops Cannons: And likewise Mr. Sollicitor St. Johns in his Argument of Law against the Earle of Strafford, saith the destruction of the Law dissolves the Arteries, and Ligaments that hold the body together, and cites the Case of Empson and Dudley, who were beheaded for executing that ILLEGALL ACT of PARLIAMENT, 11. H. 7. cap. 3. which gave power to Justices of Assise as well as Justices of the Peace VVithout any finding or presentment by Jury of 12 men of the Neighbourhood being the ancient BIRTH-RIGHT of the subject, upon bare information for the King before them made to have full power, and Authority by their discretions to heare and determine all offences, or contempts committed or done by any person or persons against the order, forme, manner or effect, of any Statute made, and not repealed: By colour of which Act of Parliament SHAKEING the FUNDAMENTAL LAVV, viz: the 29. cap. of Magna CHARTA it is not credible (saith he,) what Exactions and Oppressions were done to the dammage of many People, both indicted at Common Law, and by Act of Parliament 21 H. 8. both lost their heads. And the Lord Cook in the 4th part of his Institutes, calls that ACT OF PARLIAMENT A MISCHIEVOVS ACT, with a Flattering Preamble, The Colour and Fraudulent pretences (to avoyde our ANTIENT BIRTH-RIGHT, TO DELUDE, and amuze the People) were to avoyde divers mischiefs.
- 1. To the displeasure of Almighty God.
- 2. To the great Let of the Common Law.
- 3. The great Let of the wealth of the Land, as high pretences as any (that would make Innovation) can devise.
It was one of the Principle Treasons of Trisilian cheife Justice for dilivering his opinion in subversion of the Law, for which he was deprived of his life: And the Lord Cook in his Proeme to the second part of his Institutes, sets forth that Edward the first did ordaine that Magna CHARTA should be sent under the great Seale to all Justices of the Forrest as to others, and to all Sheriffs, and to all other Officers, and to all Cityes, and to all Cathedrall Churches, and read and published in every County foure times in the year in full County, 25 Ed. 1. cap. 1. and cap. 3. and 28 Ed. 1. cap. 2. 17. And in the Preamble of the great Charter, as the Lord Cook shewes in the second part of his Institutes, This antient, this Common Law was assented unto, and confirmed in these words in the CHARTER, viz. that the King did it spontanea & bona voluntate, that so the King might not plead per duresse, as King John did, who sought to avoyd it upon pretence of Duress; And further saith the Lord Cook in his Proeme to the second part of his Institutes. The Common Law of England, the great Charter cannot be avoyded by the pretence and suggestion of the minority of a King, because his pollitique capacity did alwayes judge him to be of age and no Minor, that no argument whatsoever might avoyde our Fundamentall Lawes and Libertyes: And further he saith that the onely thing that hath impugned our Liberties, hath been evill Counsel, Flattery, and Ambition, and cites the Case of Hugo de Burgo cheife Justice in Henry the 3d, his time, which is above 400 yeares agoe, and Hugh Spencer, &c: for giving rash and evill Counsell to Ed. the 2d, but their advice proved destructive to them, as the Lord Cook that renowned and industrious PATRIOT, excellently shewes and illustrates in the second part of his Institutes of the Lawes, of England in his Proem, and upon the 20th, Chapter of the great Charter. All which (with friendly submission) (although you are a stranger to me) to your impartiall, serious, and just consideration, is of great use, and worthy your reading, and of extending your abilityes, and understanding to manifest your affections, to those Fundamentall Legal Aphorismes therein contained, or to be naturally deduced instead of your own Politicall ones.
And further to continue to manifest the Excellency of the being and supremacy of the Law averred, and mutually confessed in the dayes of Monarchy, and by honourable Parliamentary Counsell, you may see in Rastalls Abridgements of the Statutes Title Justice and Right Justices, An. 2. Ed. 3. Cap. 8. By the assent of the great men, and otherwise men of our Counsell, we have commanded all our Justices that they shall from hence forth do even LAVV and execution of RIGHT, to all our Subjects Rich and Poore, without having regard to any Person, and without letting to do RIGHT, for any Letters or Commandement which may come to them from VS, or from any other, or for any other CAUSE, suitable to this also hath all the Kings of England been obliged by the Sacred and inviolable Obligation of an Oath, and therefore Saint Paul saith, 6 Heb. 16, 17. Men verily sweare by the greater, and an Oath for Confirmation is to them an end of all Strife, and that God (to shew the immutability of his Counsell) confirmed his promises by an Oath; And in the first Remonstrance of Parliament, dated the 15th of December, 1641. you may find what Particulars were declared as grand evils, Incumbrances, Breaches, and Inconveniences done against the Righteous antient Lawes and LIBERTIES of the People, which shewes what the GOOD OLD CAUSE was originally declared to be, in defence of which cause there hath been shed so much precious Blood, Destruction of FAMILIES, and many MILLIONS of Treasure spent.
I have been a little tedious in this, partly, because I saw an ingenious Pen take some just Cause of offence (as I conceive) from your Petition, directed to the Parliament of the Commonwealth, pag. 4. cited by Mr. Rogers in his Book called A CHRISTIAN CONCERTATION, &c.: your words he cites are these, (viz) Your minds are not settled in any known Constitution of Government, or Fundamentall Orders, according to which all LAWS should be made.
The late King Charls in his Declaration (published by advice of his Privy Councell, in the Book of Collections of Remonstrances and Declarations printed by Edward Husbands by Authority of Parliament, pag. 28, 29.) saith, That the Law is the INHERITANCE of every Subject, and the onely security he can have for his LIFE, LIBERTY and ESTATE.
And in an answer to the Petition of the House of Commons, 28 Jan. 1641. pag. 61. he called God to witness that the LAVV and LIBERTIE of the Subject should be as much his care, and industry as of his life, or of the Lives of his deerest Children.
And in the said book of Declarations of Parliament, 19th, May, 1642. pag. 211. 212. We are fully (say they) of the Kings mind, that he might rest so secure of the affections of his Subjects, That he should not need of Forraigne force to preserve him from Oppression, and are very confident he should never want an abundant evidence of the good wishes and assistance of the whole Kingdom, especially if he shall be pleased to hold that Gratious resolution of building upon that sure FOUNDATION the LAW of the Land. Then their Remonstrance of Parliament May 26. 1642. pag. 263. That they would be tender of the LAW, which they acknowledged be the Safeguard of all PUBLICK and PRIVATE Interests. And page 657 and 666, That the Parliament raised the Army for their just defence and LAWS NECESSARY PRESERVATION when an Army was marching towards them to destroy them both. And in the Book of the Declarations of the Army Printed by Matthew Simmons 27, Sept. 1647. After their then victory, they hoped to to put an end to Tyranny and Oppression, that Justice and Equity according to the LAW of the LAND should have been done to the People, That the meanest Subject should fully enjoy his RIGHT, LIBERTIE and PROPRIETY in all things which the Parliament had made known to all the world in divers of their Declarations, to which they had so often bound themselves to perform by their OATHS, VOWS, COVENANTS, & PROTESTATIONS, and the Parliament in the aforesaid Book of Declarations, page 659, 666, 661, amongst other words declared that the Cause was, That the Commonalty might enjoy (in the maintenance of their LAVVS, LIBERTY. RELIGION, their own BIRTH-RIGHTS, FREEDOM and LIBERTY of the LAVVS of the LAND, being equally intituled thereunto, with the greatest Subject, yet we hope (say they) this is far from any purpose, to raise malice and hatred between them and the Gentry; but rather to knit and unite them more fast together, and the late KING CAARLES in his Declaration in the aforesaid Book of Declarations, page 768, 769. Confesses and averrs, That the LAW makes the meanest Subject as much a LORD, of his own as much as the greatest Peere to be valued, and considered as by the said several Declarations will fully and largly (upon perusal) appear.
So that I have shewed some of the chief FOUNDATIONS of our Government, which is unchangeable, and which all personal authorities are subservient unto (their greatest duty and care being to preserve the same inviolable) and the People will be miserable if these FOUNDATIONS or any suitable superstructure to this FOUNDATIONAL RIGHT, Government or Freedom be changed.
III.
As to your third Aphorism, you would have done well to have informed the People, and Parliament of the Common-wealth of England, wherein, or in what particulars the Government by Lawes formerly in the time of Monarchy were imperfect, or ineffectual, that so they might have had some benefit by you, by being made capable to know what you mean, and how to redresse any Invasion upon our FUNDAMENTAL RIGHTS, but a general Charge (in the judgement of Law or Reason) signifies nothing according to an approved Maxim in Law, Dolosus versatur in generalibus.
IIII.
As to your fourth Aphorism, It hath been the Peoples misery that there hath been so many various Governments (as you call them) by Arms. But the use of Arms in a generally professed and pretended, Christian and rational Common-wealth, that hath such excellent Laws (as we have) must be only as contingent things and subservient to the Supream Government the FUNDAMENTAL LAWS of Justice, Peace, and Safety, & PARLIAMENT ART constant COUNSELS
V.
As to your 5th Aphorism, Its hard to judge and averr, that the People cannot see as well as feel, and it is much if the losse of many thousand persons and Families (several waies) Millions of Treasure, Destruction of Trade, and all other sad inconveniences and consequences thereof, should not make them see. Indeed, if you had said that a party of the People whose eys have swelled with fatness, and have had more than heart can well or reasonably wish, and who have had great and continual places of profit in the Common-wealth, under every Power almost For these not to see because they have not felt, I should have more approved of such a kind of Aphorism.
VI.
To your sixth Political Aphorism I say, That the declared end of this late sad intestine War, was that we might have our peaceable Government by Laws, abhorring all things of Force; The GOVERNMENT by good Laws (as ours are) is just, peaceable, and certain. The Government by FORCE, cannot properly be called a GOVERNMENT, but ought to be subservient to the Supream Fundamental Law, and to the Supream peaceable PARLIAMENT ART Legislators or CONSERVATORS of that Law.
VII.
To the seventh Aphorism, I say in agreement with you, That it is every FREE-BORN mans duty whatsoever, to endeavour to attain to that righteous end the Government by LAWS.
VIII, IX, X, XI, XII, XIII.
To the 8, 9, 10, 11, 12, 13. I say in brief, What the People of England may do, if not trusted with their Rights, I know not: or if trusted, I know not, I cannot divine. I think it is only known to the infinite wise God, who foresees all events; But I have shewed you that our Laws are sufficient, And by a Fundamental Constitution, and as a lawful means to preserve our Rights, it is our Right to have our constant SUCCESSION of PARLIAMENTS, 1 Rem. of Parliament 15. Dec. 1641. The Parliament declared. That the Triennial Parliament for the matter of it did not extend to so much as by LAW they ought to have required, there being two Statutes still in force for a Parliament to be once a year. And the Lord Cook in the 4th part of his Institutes, treating of the High Court of Parliament, cites 36 Ed. 3. cap. 10. A Parliament every year, 4 Ed. 3. cap. Iuter Leges Edgar Cap. 5. Before the Conquest Parliaments were to be holden twice every year. Sithence good men are rare, and also sithence you say, it is not Prudence to be sure of Assemblies of good men, and that there is but a possibility of good in a personal security, a Constant Succession of Parliaments would be a LAWFUL means to make men good, if it were to be supposed, or uncharitably to be presumed not to be in conscience and prudence; yet for fear of the evil, and infamy that may ensue to themselves if they should destroy good Laws, and make bad ones. So that I hope that it is clear, The nature of our form is good, and that it will require necessary action and use, and I suppose your 13th doth conclude with my opinion, viz. Where the SECURITY is in the PERSONS the GOVERNMENT maketh good men EVIL: where the SECURITY is in the FORM the GOVERNMENT maketh evil men GOOD, (especially if the good Law or Form hath its course without violent interruption or Fraud) Hazael had a good opinion of himself a Kings 8. 12, 13. when he asked the weeping Prophet, Is thy servant a Dog that he should do this great thing?
XIIII, XV, XVI, XVII, XVIII.
To your 14, 15, 16, 17, 18. Aphorisms I agree, That Assemblies legitimatly elected by the People, are the only party that can govern without an Army, and that the People are deceived by Names, and not by things, and that the People are generally satisfied in a well ordered Common-wealth, and where they are justly dissatisfied it runs to confusion, and the sad consequences thereof.
XIX.
To your 19 Aphorism, It were good you should endeavour to convince the several parties of England, wherein they hold any thing inconsistent with the Commonweale, that so they may know what you meane. That a GOVERNMENT to be mannaged by a few or a party, is inconsistent with a Common-wealth, I agree with you in this, for it is contrary to our ancient FUNDAMENTAL CONSTITUTION, Lord Coke in his 4th part of his Institutes, upon his treating of the HIGH COURT of PARLIAMENT:, 1 H. 4 M. 70. The high Court of PARLIAMENT to be committed to a few, is against the Dignity of a Parliament, and no such Commission ought to be granted.
XXI, XXII.
To your 21 & 22 Aphorisms, It seems to me strange, that after all this blood and misery you should plead for a National Religion or Ministery, and to hold That any GOVERNMENT without it, is inconsistent with a Common-weale; If your meaning be that the Magistrate, or any of the People, may give a publick voluntary indowment to any, out of their own Labours, Proprieties, and Estates, I conceive they have that Liberty because they have a Liberty of their own Conscience, and so the Magistracy may have an Inspection into the Ministery, they being voluntarily (and according to their judgment and Conscience) obliged one to the other, and so it is the MAGISTRATES MINISTERY; But if you mean that a Magistrate shall impose a National Religion, and indowment upon the People or upon any consciencious dissenting part, when no man can justly give such a Power to the Magistracy, to Lord it over his Conscience (which is tender) and to have dominion over his understanding (which is only subordinate to God in point of Worship.) I am not of your judgment. For that if the People, or any of the People shall be to void of Reason, to pretend to give it, they pretend to give what is not in their Power to give, and the Magistrate receives a pretended power which is unlawful, inconvenient and distracting to receive, and indeed impossible (in manifold considerations) to be well and peacably mannaged if it were given, or received, or usurped, (by its being not given, as indeed it is not in FUNDAMENTAL LAW or Reason) Therefore how barbarous, and irrational, as well as unchristian it is for a MAGISTRATE that is mutable in his understanding (as most Ages and times have shewed) & not LORD of his OWN CONSCIENCE: (no more then any other man) to impose upon another in Worship or charge that which is against his Spirit, when the very command and imposition (if against Conscience) may cause the sin of Hypocrisie, and make the Spirit boyl and rise in unpeaceableness within himself against the Worship, and Form thereof, as well as against the person imposed, there being nothing but indisposition of mind both to Person, Doctrine, Faith and mutual society, Whereas the reverend Apostle saith, VVhatsoever is not of Faith is sin. And God himself doth not value a worship if in Hypocrisie and without Faith, and conviction; I might mention the miserable and great calamity the endeavours of imposition upon the Conscience hath occasioned, How grievious and burthensome were the waies thereof (declared publickly to be offered) by the Bishops to men of different Judgements who came to be distinguished by Presbyter, &c. What calamities did they declare to suffer? And what change of calamity came upon the flourishing Episcopacy? And how grievious and contrary was it (a great while (and peradventure yet still remains) to the Conscience of the Episcopacy, to subject to the Judgment, Form and Worship of the Presbyter, and how difficult hath it proved to the Presbyter to endeavour to intermeddle with matters that concern the Conscience or Reason of any other men different from themselves, I submit to your self, and ingenuous and impartial Readers, Besides, if you take a view of the whole body of the Scriptures of the new Testament you will find that the greatest part of the National Ministery, and the special Prophets and Apostles of God, and of Christ were for the most part contrary one to the other; and how that God by his Son Christ, and his said special Apostles and Prophets brands them with words of infamy, as grand and capital instigators to Kings & Princes, by advising them to shew their advantage & beoppressive to their great danger, cares, and trouble of mind, perplexity of State and sometimes desolation, aswel as the calamity of multitudes of good People, and effusion of innocent blood. And indeed in our late times, Mr. Bagshawe in his Argument of Law in Parliament (against the Bishops Cannons) averreth, That the Liberty of Conscience is comprehended in the Charter of our Liberties. And I also remember, I have read that the Macedonians petitioning Jovianus the Emperour, for banishing of those who were not of their judgement in matters of their Religion; The Emperour perusing their Supplication gave them no other answer but this, I tell you travely I cannot away with contention, but such as do imbrace Unity and Concord, I do honour and reverence them: And I have also read, that it was the saying of Maximilianus the Emperour, To seek to domineer over the Conscience, is impudently to invade the Tower of Heaven; And how inconsistent it is with that golden Rule, (which every man should endeavour actually to excel another in, according to the saying of the Heathen Orator, Omnis virtut is law in actione consist it, the praise of all vertue consists in action) 7 Matt. 12. VVhatsoever things you would have others do to you, do the same to them, 7 Matt. 2. Judge not that ye be not judged, with what measure you mete, it shall be met to you again.
And Mr. Alexander Hinderson (the great Scot) in his Paper to the late King Charles about 1646. hath this quotation I remember (saith he) that the famous Joannes Picus Mirandula proveth by irresragable reasons, which no rational man will contradict, that no man hath so much power over his own understanding, as to make himself beleeve what he will, or to think that to be true which his own reason telleth him is false; much less is it possible for any man to have his reason commanded by the will or pleasure of another. And further he confessed, That,
It is a true saying of the Schoolmen; Voluntas imper at intellectui, quoad exorcitium non quod specificationem, Mine own will or the will of another may command me to think upon a matter; but no will or command, can constrain me to determine otherwise then my reason teacheth me. See also Mr. Rogers his Christian Concertation as to this point of Christ, his being King and Lord of the Conscience, and Sir Henry Vane his Healing question, pag. 6. therefore let me close up my opinion against your 21 Aphorism, with the force of your own words in your 22 Aphorism, (viz.) To hold that there may be Liberty of Conscience, and not Liberty of Conscience is inconsistent with a Commonwealth that hath the Liberty of her own Conscience, or that is not Popish.
XXIII, XXIV, XXV.
As to your 23, 24, 25, Aphorismes I agree with you, that where civil liberty is intire, it includes liberty of Conscience, and where liberty of Conscience is intire, it includes civil liberty; They are the inseparable RIGHT of the people. As to your 25th. Liberty of conscience must have security under any GOVERNMENT; or else the opposers thereof wil descend into an inevitable Tyranny.
XXVI.
To your 26th. Aphorism I have cited and declared unto you the great and chief Foundations of our Government, which are GOOD ANCIENT LAWS, and SUCCESSIVE PARLIAMENTS; so that you need not put your self to the danger of introducing Government, or waving Prudence, and committing things to chance.
XXVII.
To your 27th. Aphorism, I shall onely say in addition to what I have already said, That our aforesaid Fundamental Laws, & Government of England, made and confirmed legally by our good and peaceable Ancestors, goeth Universally upon natural principles, and so is not inconsistent with Scriptures, the said laws of England are grounded upon the Laws of God and Nature Doctor and Student, and Fineux and Priset former chief Justices in England (in the dayes of Monarchy) said the Laws of England are founded upon the laws of God.
XXVIII.
To your 28th. Aphorism I agree, that the wisdom of man in the Formation of humane Government, may not go upon supernatural principles, because they are inconsistent with a Commonwealth, upon many and divers considerations, too tedious and too impertinent at present to treat of, considering we have such righteous Fundamentals already laid, better then which we none can lay, which foundations no men upon any pretence can justly destroy.
XXIX.
To your 29th. Aphorism wherein you aver and say in these words. viz. To hold that (Hirelings as they are termed by some) or an indowed Ministry to be removed out of the Church is in-consistent with a Commonwealth. I conceive I have sufficiently answered this in answer to your 21, 22, 23, 24. Aphorismes wherein the people have their lawful liberty, and the endowed Ministry have their lawful liberty to receive the Contribution (if voluntary) of either Magistracie or others, and to expect more is a violent imposition and intrenchment, upon the natural and Christian Rights of the People, which judgement I confess I shall be of, unless I shall be rationally satisfied in answer to what I have already said; and unless it can be also made appear to me, that the incomparable PERSON CHRIST, and his Apostles did aduise Magistracie, to compel pe sons to violent actions to constrain maintenance to them, or any other of their successive Ministry, Matth. 10. 6, 7, 8, 9, 10. Christ bids his Apostle; preach to the Lost Sheep of the house of Israel, commands them freely to give because they had freely received; and orders them neither to provide Gold, nor Silver, nor Brass in their Purses, nor scrip for their journey, nor two Coats, nor Shooes, nor stasse, and if the House, City, or Town, was not worthy or should not receive them or hear their Word, they were to depart, and shake the dust off their feet, agreeing with Luke 9. 2, 3. and Luke 10. 3, 4. He told them he sent them as Lambs amongst VVolves, and to the end they (in their loving and Christian kind nature, as examples for others) might not scruple eating and drinking such things as were freely set before them. They were approved in accepting thereof, because the Labourer is worthy of his hire. And 2 Cor. 8. 1, 2, 3. 4, 5. Paul commends the Churches of Macedonia, that they were willing of them, selves to be bountiful, and to make intreaty to the Apostle for his acceptance of their liberality, and yet not as he hoped for it, He was so far from using arguments or FORCE and Violence to Magistrace inducing them to compel others to their subsitency. And I must confess if you can prove that the indowed Ministry at this day (many of whom are Learned and Wise men) can safely intitle themselves to be the Lineal descent, and especial Ministry of Christ, yet it will still remain to prove that they can legally extend their Authority, or desire the Sword of Magistracie to extend his strength higher or in another way, or method, (upon any pretence or dispensation) then either Christ or his Apostles did: I presume there may be given a thousand-sold more reason and Evangelical apparent arguments (against such an Innovation) then for it.
XXX. XXXI.
To your 30, & 31, Aphorisms (viz.) That nature is of God, and that some part in every Religion is Natural, You should explain your fel how it may be said to bee of God, and what part in every Religion is Natural; if you would have another know your Judgment, and be convinced by you; In order to which I shall commend unto you an excellent little Treatise, entituled Natures Vindication, by Capt. Robert Euerard.
XXXII, XXXIII.
To these Aphorisms I agree at present, That an universal effect demonstrateth or may demonstrate an Universal Cause, there being a Reason for it in your 33 Because a Universal Cause is Nature it self.
XXXIIII. XXXV, XXXVI, XXXVII, XXXVIII, XXXIX, XL.
I agree to the 34, That every man hath some sense of Religion in him (if you mean by it, an acknowledgement of God, which is presumed to be in his understanding) and for your 35, I shall not disagree to it, if the rational Principle be not destroyed, upon colour or pretence of Religion; For your 36, I agree with you, That Government is of humane prudence, and humane Prudence is adequate unto mans nature; But humane Prudence and mans nature, will never destroy a Legal ancient Government of a Nation, (grounded upon humane Prudence, and the Law of nature, (as ours is) For your 37, A Prudential Government (if you mean by Frudence, true Wisdom) cannot be regardless of true Religion; for thereby it would be dissatisfactory unto mans nature; But yet on the other hand, there may be a Religion National or Publick, or a Publick leading, (terms in your 39, 40, & 41 Aphorisms) That may be directly against God, Law, Nature and Nation. As to your 39, It doth not prove, or infer a publick leading in Religion to be good, because the Major part of Mankind, giveth up it self unto it, and therefore you had no reason to make such an Aphorism as your 40th, wherein you say, There must be a National Religion, that there may be a Publick leading, Witness the daies of Q. Mary, &c.
XLI. XLII. XLIII, XLIIII. XLV. XLVI.
I agree with yovr 41, & 42 taking what I have already said in this Point before and what you have already granted in your 22, 23, 24, Aphorisms. That if either Major or Minor part in a Nation, deprives the others of Liberty of Conscience, it is Tyranny. To your 43, & 44, The great pretence of the National Ministery is, That they are Ministers of Christ, and not relating to the Priesthood before Christ: so that to endeavour to attain to maintainance by Violence and Imposition, is against that Christian Apostolical example. And as for abolishing the Nationall Religion, none can or ought to endeavour to do that but the National Magistracy if he see Just cause, because they are the Magistrates particular indowed Ministery, the Magistrate having the liberty of his own Conscience, So that there is no rational Foundation, for the unconverted Jews (your own terms) to take away the Liberty of Conscience from Christians, For equal Justice and Conscience being observed, there would be no disturbing one another; Therefore if you are for such an impartiall Liberty of Conscience, you may have such a National Religion or endowed Clergy.
I thought to have treated more upon this subject, but I leave it to some other occasion, only I shall commend unto you the excellent Treatise of John Osborne Esquire, in his Book called an Indictment against Tythes, or Tythes no VVages for Gospel Ministers, (which is a Title pretended to in these times) which Book was Printed for Livewel Chapman at the Crown in Popes-head Alley London.
XLVII, XLVIII, XLIX, L. LI, LII, LIII, LIIII, LV, LVI, LVII, LVIII, LIX, LX,
To all these particulars, I only say in short, they are things determinable by SUPREAM PARLIAMENT ART COUNCELS, and our Nation is built upon the Foundations of Just Laws, and Liberties already, and our stedfastness unto that would be a means to promote our welfare, and save us from destruction; but to tell us of any thing that favours of Innovation, of the Presidents of the Athenians the Romans or the Hinted Provinces, &c, can be no more pleasing or safe to us, then (I conceive) it would be pleasing to them for us to soment Innovation amongst them.
LXI, to the CXX.
To these I onely say, that I know not what Sir George Booth (if he had prevailed) would have done or introduced, whether a Commonwealth or a King, I leave it to those that were privy to it, and to his Council (if any.) But if Monarchy should ever be restored, I beleeve it would find a great inevitable incumbrance and affliction to it self, if it should Govern without LAWS and PARLIAMENTS. For it is no pleasant thing to Govern by Armes, neither to the GOVERNOURS or GOVERNMENED and if the Fundamental Laws and Constant Parliaments be not observed inviolable the people are miserable, and the common interest of the the people will be laid aside inevitably, and we shall thereby fully declare, That we will fully slight and undervalue that peace and tranquillty that we may possess as some fruit of that blood and treasure which hath been consumed in this Nation. So that I say and averre by the requirable just application of your XCII Aphorisme, to lay aside our Fundamental Laws and CONSTANT constitution of PARLIAMENTS (as most probable Conservators of our FUNDAMENTALS.) VVe leave our our selves and our Posterity to a further purchase of that which we may presently injoy, and hereafter leave to our Posterity in peace and glory, not to be taken away from them. As our Ancestors have left them unto us not to be taken away from us. I hope I have already proved that the Fundamental Laws and Government of this Nation is so just and of known, and approved good in the injoyment whereof neither Monarchy Aristocracie, or Democracy can justly hurt us, by any invention, or judgement. And although you say in your CXVII Aphorism, That it is not below the Dignity of the greatest Assembly, but according to the practise of the best Commonwealths, to admit of any man that is able to propose to them for the good of his Country, Yet I conceive it is not convenient for a Supream Legislative Councel to admit any man wilfully to propose any thing (apparently Innovating) to subvert a Fundamental Law and Liberty, many having (upon peaceable and prudent judgement of our Ancestors) been highly discouraged therein and felt their indignation, as I have already urged and proved.
The Rechabites obedience may be applyed (as I conceive) in this case, who were commended of God for denying his Prophet to drink Wine, because their father commanded them to the contrary. Although the Record saith, The WORD came unto Joremiah FROM THE LORD, in the days of Jehoiakim, son of Josiah, King of Judah; saying: Go to the house of the Rechabites, and speak to them, and bring them into the house of the LORD, into one of the Chambers, and GIVE them VVINE to drink, Jer. 35. 1, 2, 3, 4, 5, 6, &c. 18, 19, verses. And indeed if we should admit Innovations upon our FUNDAMENTAL LAVVS received as I have said before, from our Ancestors, we should make an illegal President to subject our selves, not onely to the destruction of the good being of them, but to a thousand other Innovations, as often as the Moon changes, or occasions, or discontents, arise, or power prevails, or as often as any person or persons whatsoever may suggest, whereby to introduce an inevitable dangerous ARBITRARY POVVER, contrary to all the Declarations, Promises, Vows, and pretences, and what the consequences of that may be, iyes onely in the breast of the Almighty.
An Innovation it self, (if by any party) contrary to a FUNDAMENTAL LAW is ARBITRARY. And Arbitrariness is contrary to NATURE, LAW, AND PEACE.
The PARLIAMENTS long Remonstrance of Grieviances 16 Dec. 1641, vindicated the PETITION of RIGHT in full Parliament, Counselled the People against Arbitrary Power, violating the Law, and breaking the Priveledges of Parliament, calling it a bold and presumptious Injustice of such Ministers, as durst break the Laws, and suppress the Liberties, The Book of Declarations printed by Edward Hashands, & page 484 The Parliament declared themselves offended that the Kings party did endeavour to possess the people that they intended to take away the Law, and introduce an Arbitrary Government, a thing which every honest morall man abhorrs (say they) much more the Wisdom, Justice and Piety of both Houses of parliament. And page 709, It is well known, say they, The Laws of holding PARLIAMENTS once a year LAY ASLEEP for a long time, yet the practise was NO ARGUMENT AGAINST the RIGHT. And pag. 574, 575. They complained, That the Kings party were laying a Foundation of an ARBITRARY GOVERNMENT,
In the late KING CHARLES his Declaration pag. 768, 769. are words to this effect, viz.
That the RULES of an unlimited ARBITRARY POWER, are inconsistent with the least pretence or shaddow of that property it seems to defend. And in the said KING CHARLES his Speech and Protestation made 19 Sept. 1642, page 614 are these words (viz.) I do promise in the presence of Almighty God, and as I hope for his blessing and protection, &c. To maintain the JUST PRIVILEDGE and FREEDOM of PARLIAMENT, and to Govern by the known Lawes of the Land to my utmost Power, and particularly to observe inviolably the Lawes consented unto by me this PARLIAMENT.
In the Book of the Armies Declarations page 38, in 1647, Printed by
Matthew Simmons.
That they were not a meet mercinary Army, to serve an ARBITRARY, POWER of State, That they took up Arms in Judgment and Conscience, for their own and the Peoples just Rights and Liberties, To assert and vindicate the Just Power, and Rights of the People in Parliament, against all ARBITRARY Power, violence, and Oppression against all particular parties or interests whatsoever. And pag. 41, That they could not wish to have an ARBITRARY POVVER in any in whom they, more confided, or who were most of their oipinon or Principles, or whom they might have most personal assurance of, or interest in. I have read that when Bassianus had slain his Brother, and Coemperour Geta in his Mothers Arms, he intreated Papiniarus a famous Lawyer to plead his excuse, whose noble answer was, and is to be be commended, (viz.) Non tam facile est excusare quam facere fratricidium; It is not so easie to excuse, as to commit a fratricide, so I may say in this Case, It may be easier to endeavour and to introduce a hundred Innovations then to justifie one.
Thus I have given you my thoughts of your Aphorisins, in general intending to your own satisfaction (as well as others, and the discharge of my own Conscience) For some things which I conceive do chiefly belong to PARLIAMENT ART COVNCIL I wholly omit; But only in love to my Countrey (in which I have bin 11 years a very great sufferer) I put in my mite, without intended disrespect to you (you being a stranger to me) And so I shall conclude with subscribing my self,
24 Octob. 1649.
Your friend and Country-man.
W. BRAY.
FINIS.
T.215 (6.25) John Lilburne, Truths Victory over Tyrants and Tyranny (16 November 1649).↩
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ID NumberT.215 [1649.11.16] (6.25) John Lilburne, Truths Victory over Tyrants and Tyranny (16 November 1649).
Full titleJohn Lilburne, Truths Victory over Tyrants and Tyranny. Being the Tryall
of that Worthy Assertor of his Countreys Freedoms, Lieftenant Colonell John
Lilburne, Defender of the Ancient and known Laws of England, against Men and
Devills, whether in King, Parliament, Army, or Councell of State. Guild-hall
London, Octob. 26. Freed in open Court, from his unjust and Illegall Charge
of High-Treason, and cruell Imprisonment in the Tower, by the unbyassed and
just Verdict of this Jewry, whose Names are here inserted; Miles Pettit, Holburn-Condu.
Stephen Iles, Friday-street. Abraham Smith, Smithfield. John King Smithfield.
Nicholas Murrin, Gosling-str. Thomas Daintie, Cheapside. Edmund Keysar, Holb-bridge
Edward Perkins Smithfield. Ralph Packman, Smithfield. William Cummins, Cheap.
Symon Weeden, Bredstr. Henry Tooley, Bredstreet. All good men and true.
Printed in the fall of Tyranny. 1649.
The Tract contains the following parts:
- Truths Victory over Tyrants and Tyranny
- A Copy of a Warrant, sent from the Councel of State, for the Releasement of Lievtenant Colonel Iohn Lilburne from his Imprisonment in the TOWER
Estimated date of publication
26 October 1649.
Thomason Tracts Catalog informationTT1, p. 774; Thomason E. 579. (12.)
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
TRUTHS VICTORY Over TYRANTS AND TYRANNY.
I Should before this have given you the Tryall of honest John Lilburne in Print, by Order of the House, but that it was so rediculous on their part, that they cannot endure so much as to hear of it; so farr as I can gather from Mr. Hinde, and others who took his Tryall in Short-writing, (besides my self) being both eye and ear witnesses of their Proceedings against him in that Court.
His Charge was not one Jot lesse then High-Treason (with a new found-diddle) for which that honest Liev. Colonell John Lilburn, was a week before he came to Guild-hall condemned by their Tyrannicall Counsell of State, only they would venter at a legall Tryall, thinking with their bigge looks, and Guards of Souldiers to make honest John and the Iewrie say after them; but it proved otherwise; The most materiall things that the forsworne Iudges did accuse him of, was.
THat he the said Iohn Lilburne did at or about Easter last, 1648, and divers times before and since, against the Peace of the Common-wealth of England, and the Testimony of his owne Conscience (not setting God before his eyes) most perfideously, wickedly, perniciously, and Treasonably write, and cause to be Printed, Published and Divulged divers Papers and dangerous Books of very evill Consequence, to the derogatition of divers Members of Parliament, and the subvertion of the Parliament and present Government by Slanders, Lyes, and false Suggestions cunningly by him insinuated and spread amongst the People, to take off, & divide the People, and alienate their Affections from that just Authority which is set over them for their good and safety, and to bring a low and mean esteem upon the Persons, and a suspition and hatred upon the courses and intentions of the most faithful Members of the Peoples Representative in Parliament, and of other Ministers of State, that are most conscientious in discharging their trust, & are therefore become the utmost object of his wretched spleen and malice.
Here they began to read over his Books, which pleased the People as well, as if they had acted before them one of Ben Iohnsons Playes, for their excellency, I shall give you the names of them, desiring all well affected People to buy them; because they are filled with Law and Truth.
1. His two Pictures of the Counsell of State, in which Books you may see them, as in a glasse, sitting together to cheat the Common-wealth, like a pack of Jugling Knaves.
2. His DISCOURSE with Mr. Peters, in which Peters told him, That there was no Law; whereupon honest Lilburn, replyd, That he & his masters were then a company of Roagues, or Fools, to fight for the Laws, when there were none.
3. His INPEACHMENT of High Treason against CROMWEL and IRETON, in which there is an excellent Epistle directed to William Lenthall Speaker, to those Knights Gentlemen and Burgesses left by Colonel Thomas Pryde Esq; (late Dray-man in Smithfield) in his purge to the House of Commons, who with the Assistance of the Army (saith JOHN) are now pulling down the good and old Laws, of the Land, and setting up their own Ambition and Tyrannicall Wills.
4. A HUE and CRY after Sir Arthur Hasterigge Governour of New-castle, and Tyrant of the North.
5. His DISCOURSE with Prideaux some few dayes before his Tryall, in which he plainly made it appear, That this Parliament was Null and VOID; First by the death of the KING, which was by them Illegally acted; Secondly by their owne Arguments.
For at that time when the House was Affronted by some disorderly Apprentices for one afternoon, the next day (like a company of Cowards,) some Thirty or thereabouts, (being but a small part of the House,) fled to the Army about Uxbridge, and would not owne them at Westminster as a House, as they Sate, though Free and without any Force; but wrote to them by the Title of Knights and Gentlemen Sitting at Westminster: And when the Speaker with his Crew was again put into the House, he said, Those which had Acted in their absence was no Parliament; and that all their Acts and Orders were Null and Void: then surely saith he, this is none; for that the Major Part was by Force pulled out of the House, and a Guard set to keep them out, and to awe them who sate to Act according to the Humor of the Grandees; which Prideaux could not deny: The Particulers out of these Papers, with malitious agravations of jeering Iarman, sneaking Keeble, and the puppit Prideaux; they drew up their Indictment, which lasted a whole day the Reading; which when they had ended, they Required honest JOHN to Answer them presently: He said unto them,
I Desire time; for have you been this Six Months knocking your heads about this; and must I who am here upon my Life, give you an Answer at this instant; I pray you hold, and make not too much haste to hang True Folkes, you know not how soon it may be your owne Turnes,
Then Ieering Iarman bawl’d out, and said, with vehemency of Malice,
Master Lilburn, either Answer now, or for ever hold your tongue.
But then that Innocent Gentleman, Liev. Colonel JOHN LILBURNE desired, That if he might not be allowed two dayes time to answer their tedious CHARGE, that they would grant him but two houres.
But the States three Beagles yelped out with full mouth, No, no, no, not an inch of Time.
So soon as they had said this, a Scaffold in the Hall fell down, some (being hurt) crying out, which so amazed, and terrifyed the unjust Judges, that for almost the space of an houre, they did nothing but stare one upon another, in which time Mr. Lilburne did so prepare himself for them that when he came to speake, he did confute them with good Law, and honest Reason (telling them, that they had prated like Fools, and knew no more LAW then so many Geese) whereupon the Lubbers of the Keepers of ENGLANDS LIBERTIES had not a single Sillable to utter in the defence of themselves or MASTERS, but left it to the Iewry, with as many Items and Nodds as they durst give them, to follow their Wills.
But the honest-hearted JEWRY-MEN [being all unbyased men, and such as had no dependency on them by OFFICE or the like] did as justly as honestly and gallantly discharge their Consciences; not fearing their great looks, nor new invented ACTS; but in their Verdict did unanimously declare,
THAT THE PRISONER WAS NOT GUILTY OF HIGH-TREASON.
At which time the People (for Joy) gave a great shout, that made Guild-Hall to ring again, which made his unjust Judges to pull in their hornes, slip off their Gowns, and betake themselves to run, as if they had been so many Gadarines, for fear the PEOPLE should pull them off their seats of JUSTICE by the eares; and in their Passage home, were scoff’d mock’d and derided by Men, Women and Children.
Then was that worthy Champion, and Patriot of his COUNTRY, Lievtenant Colonel JOHN LILBURNE attended back to the TOWER, not onely with the Joy and acclamation of his friends, but of all sorts of PEOPLE; for his unexpected delivery from the cruel pawes of his mercilesse and fell Enemies, who made no other account but to sacrifice to their unlimmited, Tyrannical, lawlesse and unbounded Wills that worthy and gallant Sufferer for his Countreys FREEDOMS, who had been so long, and so cruelly handled by them, and illegally kept their Prisoner without any just Cause, and had so remained all his Life time, had it not been as the common Proverb saith; FOR SHAME OF THE WORLD, AND SPEECH OF PEOPLE.
There was at night Ringing of Bells, and Bonfires in many places of the City of LONDON, and a gennerall joy in his very Enemies, so odious are the now present Juncto sitting at Westminster, that al the Tyrants that ever exerciz’d Power here were not halfe so hatefull to the PEOPLE, or halfe so burthensome to their shoulders, as these perjur’d Hypocriticall Changlings are to the over-ridden People of England, as appears by their love to those that oppose them.
And that the sordid basenesse of both them and their Creatures, may more evidently appear (next the Names and abodes of the Ieury that stood so firmly to the Law, and their fellow-Commoner) I will give you the Copy of his Discharge, signed by Bradshaws own hand.
The Names of the Jury-men.
All Good Men and true.
A Copy of a Warrant, sent from the Councel of State, for the Releasement of Lievtenant Colonel Iohn Lilburne from his Imprisonment in the TOWER.
WHereas Leivtenant Colonel John Lilburne hath been Committed Prisoner to the Tower upon Suspition of High Treason in Order to his Tryal at Law; which Tryal he hath received, and is thereby acquitted.
These are therefore to will and require you, upon sight hereof, to Discharge and set at Liberty the said Lievetenant Colonel John Lilburne from his Imprisonment, for which this shall be your sufficient Warrant.
President.
Mr Walwyn, Mr Prince, and Mr Overton, must either lie in Prison till they were starved, or take the new Engagement; and of two Evils they choose the less; and have set their Hands to the new Engagement, which they promise to keep as faithfully as Bradshaw, Vain, or Prideaux have done the Covenant.
T.216 (7.1) Richard Hollingworth, An Exercitation concerning Usurped Powers (18 December, 1649/1650).↩
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ID NumberT.216 [1649.12.18] (7.1) Richard Hollingworth,, An Exercitation concerning Usurped Powers (18 December, 1649/1650).
Full titleRichard Hollingworth,, An Exercitation concerning Usurped Powers: wherein the Difference betwixt Civill Authority and Usurpation is stated. That the Obedience due to lawfull Magistrates, is not owing, or payable, to Usurped Powers, is maintained. The Obligation of Oaths, and other Sanctions to the former, notwithstanding the Antipolitie of the latter is Asserted. And the arguments urged on the contrary part in divers late printed discourses are answered. Being modestly, and inoffensively managed: by one studious of Truth and Peace both in Church and State.
Tyrannus sine titulo ille est qui imperium ad se, absque legitimâ ratione rapit, huic quisque privatus resistat, & sipossit e medio tollat. Vide sacram Theolog. per Dudleium Fennerum. cap. 13. de polit. civili. pag. 80.
Si Invasor imperium arripuerit, neque paction ulla sequuta sit, aut fides illi data, sed sola vi retineatur possessio, à quolibet privato jure potest interfici Grotius de jure pacis ac belli, p. 86.
Luke 21.8. But when ye shall hear of Warres, and commotions (or seditions) be not terrified.
London, Printed in the yeer, 1650.
Estimated date of publication18 December, 1649/1650. [Thomason records the date he collected this pamphlet as "18 December, 1649 but the pamphlet is dated "1650" on the front page.]
Thomason Tracts Catalog informationTT1, p. 779; Thomason E.585 [2]
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
Text goes here
The Contents of the &illegible; Part.
- CHAP. I. Of Vsurpation, what it is. A Case propounded, wherein it is not hard to determine whether Vsurpation be chargeable, or not.
- CHAP. II. Of yeelding Obedince to a Power usurped as above said. That it is not lawfull to give up ones self to the Allegiance of such a Power.
- CHAP. III. This Question discussed. Whether submission to, and acting under a usurped Power, for the time, be lawfull, with a reservation of allegiance to the lawfull Power, supposed to be expulsed.
- CHAP. IV. The obligatorinesse of the Oaths and Covenant, urged in the second Chapter against Obedience to Vsurpers, made good against divers late Authors.
- CHAP. V. The Reasons brought for obedience to Vsurpers, and acting under them, Answered.
To the Reader.
Christian Reader,
If thou knewest the Gentleman the Authour of this Tract, thou wouldest reade it for his sake. And if thou once reade it through without prejudice, thou wilt respect it for its own sake.
His eminent fidelity to the Parliament, according to their first declared principles, is evidenced, as heretofore by severall appearings and sufferings in their behalf, so now by this Tract. It is weighty for the matter, and wisely handled for the manner and method of it. A strain of Religion, and strength of Reason running all along through it. His weapons are spirituall, the Word of God and right reason, not carnall policy or power, weapons now most in use.
He judgeth of actions (as wise men doe) by themselves, not by their successes: he accounts not prosperous vice a vertue, nor prevalent resistance of lawfull Magistracy lesse sinfull, then if it had not been prevalent, nor the Mahumetan party to be any whit the more blessed or beloved of God, because by force or fraud (through Gods permission) they at first raised, and have for sundry centuries of years continued to themselves a large Empire by the ruine of many millions of Christian Souls: knowing that the prosperity of fools (that is of Hypocrites and wicked men) shall at last destroy them. Prov 1. 32.
By that wisdome which is from above, which is first pure then peaceable, he rightly seeks after Peace, by clearing up Truth, promoting righteousnesse: proportioning to each their own due, and placing them in their own rank and station, Truth, order, rightteousnesse are foundations and pillars, if not parts of true Peace; without these either there is no peace (as if the servants of this City being more & stronger, then their Masters should slay or banish them, & quietly divide amongst themselves their Lands and Goods, were this a Peace?) or if it may be called a peace, it is but a base brutish, &illegible; practise, and destroy the mightle and holy people. Dan. 23, 24, 25.
This Authors real for the obligation of solemne Oaths, Vows, and Covenants may well be born with; if it be a fault, there is but little (too little) of it in England. But the good man though he sweareth to his own hurt, changeth not. Psal. 15. 4.
I will say no more, but Tolle lege, take up and read, understand what them readest; Remember and practise what thou understandest to be the will and minde of God, and pray for such (whether of the Gentry, Ministery, or others) as long, and labour for thy Information, and reformation, if them wandrest; and for thy confirmation, and consolation if them walkest aright. The God of truth and peace be with thee. Amen.
Of Vsurpation, what it is; a Case propounded, wherein it is not hard to determine whether Vsurpation be chargeable, or not.
USurpation is an intrusion into the Seat of Authority, a presuming to possesse, and manage the place & power thereof without a lawfull calling, right, or title thereunto. A lawfull call or title to that rule, and Government which is supreme (of which I have to speak) is derived, or comes from God, There is no power but of God, (saith the Apostle) the powers that be are ordained of God: Rom. 13. 1. It were a sense too large, and not to be defended to take these words absolutely, and unlimitedly of all power, in regard either of title, or measure, and use. An unjust power in regard of Measure, or the stretching of Power beyond its due bounds, or the abuse of it is generally denyed to be of God by way of warrant; and an unjust power in regard of title, or an Authority set up, and admitted against, or without right, God himself denyes to be of him. They have set up Kings, but not by me; they have made Princes, and I knew it not: saith he, Hosea 8.4. Which speech is by the current ofa Expositors applyed to Jeroboam, and his successors, coming in to be Kings of Israel in that manner as they did; For although Jeroboam had a prediction (yea, suppose it a grant) that he should be King of ten Tribes, 1 King. 11. 29. yet the people, at Solomons death, had no command, or direction from God to cast off Rehoboams government, and make him their King; it was therefore sedition, and rebellion in them; and both a manifest breach of the fifth Commandment;Vide Paræum in Hos. 8. 4. and of the positive Law of God, Dent. 17. 14, 15. and Jeroboam was faulty in that, though he had Gods preconcession of a Kingdom over ten Tribes; yet having had no order from him about the time, manner, or the particularten which they should be; he did not seek and tarry for a further direction, and calling from God; as David did in the like caseb. And although the Lord, when it was done, testified that the thing was from himc; yet we must understand it to have been so by his permissive counsell, and generall concourse, or providence onely, as all actions as they are actions, and all events that are evils of punishment; and as they are such, are, though the actors among men that bring them be never so sinfull in them; but not by his approbation, appointment, or constitution; the event was from God; but not the sinfull means by which it was accomplished; he ordered the evil carriage of men to that effect, but he gave them no order for that evil carriage: so that though, in a sense, it was of him; yet in regard of authorizing, it was without, and against him, and, in the Apostles sense, none of Gods ordinance. But of this we shall have occasion to speak again hereafter.
God giveth a calling, or invests with a right to Soveraignty, either immediately, by making and declaring the choice, and designing the person himself; or mediately, by committing it to the people to elect, and constitute both their form of Government, and the persons that are to sway it over them, which he hath done to all Nations; yet with a reservation to himself of power to interpose with his own immediate designation when he pleaseth: and when he doth not so, the vote of the people is the voice of God, (ordinarily) and they passing their consent when a Magistrate is to be set over them, that power, so constituted, is of God, as his ordinance. And this may be the reason why that, which in one place is called the ordinance of God, is, in another called the ordinance of man, or an humane creature: 1 Pet. 2. 13. By the former way the Judges and Kings of Israel had, or ought to have had their admission to rule,d and that was extraordinary, and peculiar to that people; the latter is the onely ordinary, lawfull, and warrantable way of creating a right, and title to the &illegible; of Magistracy in other Nations. And as in the former the call of God was sometimes personall, or of one single person; as was that of Moses, Joshus, Samuel, Saul, and others: and again, sometimes lineall, or of a whole race: as was that of David and his seede: So it is in the latter,f the peoples constitution of their Governors may either be individuall, or intransient; as in those kingdoms, or States which are called (in a strict acception) Elective; or it may be continuated, and successive; as in those Kingdoms, or Principalities which are called hereditary, and possessed by descent: both wayes Princes are by the peoples Election, and Consent; and the latter is preferred, by many wise Statists, before the formerg.
I shall not insist on the distinctions, that might be observed touching the manner of the peoples passing their consent; nor determine which of them is sufficient, and which not, to make this right or title, whether it must be antecedent to possession, or may be consequent, expresse, or tacite: collective, or representative: absolute, or conditionated: free, or enforced: revocable, or irrevocable. The consideration of these is not materiall to the resolution of what is in question; it sufficeth that it be yeelded, that the peoples consent is (besides that which is by commission immediately sent and signed from heaven) the onely derivation of a lawfull call, or claim to Governmenth. When our Saviour Christ (who being such an extraordinary person, might have warrant to do what would have been presumption in any other) was appealed to in a cause that appertained to the civill Magistrates decision; he refused to deal in it, with these words, Who made me a Judge, or a divider over you? according to which words of him, who was the truth, he that may rule, must be placed in that office by some body, and may not undertake it of himself: no man may take this honour to himself, or be his own advancer to the Throne; but he must be installed by another: and what other creature, besides the Nation it self, can challenge a power to appoint over it its Rulers is not to me imaginable. Angels are not of this Occonomie, do not intermeddle in this businesse, and for other people, or forrein States they are but in an equalitie, and have no partnership in this matter; they have no more to do to impose Governors over their neighbours, then they have reciprocally over them; and to whichsoever may attempt it towards the other, by the analogy of our Saviours words, it may be said,Luk. 12. 13, 14. Who made thee a Judge, or Rule-maker over me?
A calling from the people, who are to be subject being so necessary, and essentiall to a humanely constituted Magistracie; it is easie to discern what is Usurpation, viz: that which is opposite to it, or privative thereof, which is a snatching hold of the Scepter, and wresting it out of the hands of those who are to dispose of it, or have it committed to them: it is ordinarily termed, a tyrannie in regard of title, or without title: The distinction betwixt lawfull Magistrates and Tyrants is thus given by Aristotle:h Kings do reign, not onely according to the Law, but over them that consent to them; Tyrants rule over men against their wils.Etenim si nolentibus imperatut, regnum protinus esse definit. Tyrannis efficirur quæ vi dominatur. If any govern against the minde of the governed, it ceaseth to be a Kingdom, and becometh a Tyrannie which ruleth by force. All lawfull power then is founded upon the wils of those over whom it is set; Contrariwise Usurpation is built upon the will and power of them that hold the Government; it is a self-created, or self authorised Power, such was that ofi Cinna, and Carbo, who made themselves Consuls, without any Court-election, in the time of the Romane sociall war betwixt Sylla and Marius and that ofk Julius Cæsar who made himself Consul, together with Publius Servilius; such was that of the Chaldeans over the Jews, Hab. 1. 7. Their judgement and their dignity shall proceed of themselves, saith the Prophet, that is, as Deodate expounds it, they received no Law,Verum regnum est imperium voluntate civium delatum: at si quis vel fraude, vel violentia dominatur manileste Tyrannis est. idem. li. 5. num. 112. nor assistance from any; their right consists in their will, and the execution in their power.
Usurpation being defined, we may proceed to distinguish of it according to severall heights, or degrees it is capable of; as 1. It is either where the Throne is vacant, and undisposed of (which may happen sundry wayes, as when a Common-wealth is new erected, or the possessors of the Government resigne, or are extinct, and none left to lay claim to it) or, where it is full, and possessed de jure, and the Rulers are onely violently extruded, and kept out.
2. Usurpation is either meerly in point of Title, and administration of a received and settled Government; or by way of innovating in the Government it self; over-turning the constitution of it, and forming it a new.
3. It may come to be acted either from those without, viz: Forreiners, and strangers to the State; or by Natives, and naturall Subjects of the Kingdome.
4. It is done by these, either against the single tye and duty of obedience and Allegiance owed to the present lawfull Authority; or against Allegiance bound with Oaths and sacred Covenants. All the sorts of each of these distinctions are direct, and formall usurpations, but the latter of each far surpasseth the other respectively, and a conspiration of them all makes an Usurpation of a meridian altitude; when a party owing obedience and subjection to a long continued, and undoubted lawfull power, and solemnly sworn to submit too, and support that Government, shall rise up, and presume to thrust out the possessors, and invest it self, yea, and not onely seize on the Power; but of its own minde, and will, or, by its force alone, abolish the settled, and set up a new mould of government; this is Usurpation to the culmen or height of it.
Having thus found out what Usurpation, and what the Zenith of it is; we may put a case wherein it will be easie to give a Judgement cleerly. Suppose a Nation in America, whose fundamentall government is, and hath been anciently and confessedly constituted, and placed in a King, an House of Peers, and an House of Commons sitting in a collaterall, or coordinate rank, in regard of supremacy of power; the King being the supreme in order (unto whom, in such an association, Oaths of Allegiance and supremacy are generally sworn) next to him the Peers as the Upper, and the Commons as the Lower House of Parliament. Suppose also, the King, according to his place, summoning them, and they conformably assembling together in Parliament, and he and they personally concurring to act in the highest affairs of government; in the processe whereof differences arise betwixt the King, and the said two Houses; which grow to that height, as that he in person departs from them, a war breaks out betwixt them; the Kingdom is divided by partieship with them, on the one side or the other; the two Houses continue acting joyntly, no: onely in managing their military defence; but in the other publick, both religious and civill affairs of the Kingdom; they petition, remonstrate, and declare for a necessitie of an association, and conjunction of the King and the two Houses as the fundamentall constitution, and government of the Kingdome; they enter into, and prescribe to the people Protestations, Vows, Oaths, and Covenants, for the upholding of the Authority and Power of both so constituted: they professedly fight for that associated Power, they proclaim them Enemies and Traitors, they prosecute them with fire and sword, sequestration of estates, and other punishments, that go about to divide them asunder, or oppose the aforesaid Authority; and all this they do, and avow as the indispensably necessary discharge of their trust. Suppose after all this, the Army raised and imployed by the said two Houses in the aforesaid war, consederating in their Leaders (as by the immediate sequell manifestly appears) with a small party in the Lower House; Remonstrates to that House (without any addresse to the other) many high and strange things they would have done by them, and amongst the rest, that the King be proceeded against, as for treason, and other capitall crimes; in like manner his two eldest Sons, if they render not themselves within a day to be set them: that it be declared that the peoples Representatives in the House of Commons shall have the supreme Power, and all other shall be subject to them; in which demands, that House not being so obsequious to them as they expect, but standing upon the collegueship of that Government, which they with their associates, the King, and the House of Peers are intrusted with; the Army, forthwith, marcheth up to the doores, and by force of Arms selzeth on, and shuts up in hold one sort of them; and by a strong guard set at their doores shuts out another, suffering onely a small number of them, and such as please them to sit in the House. Suppose lastly, this little number, left in the House, shall approve of, and second these proceedings of this Army; and by their act, or Vote confirm the seclusion of that greater number of the Members of that House; and, taking upon them to Act in the name of that House, shall Enact or declare themselves to be the onely Supreame Authority in the Nation, and by that pretended solitarinesse, and supremacy of power shall take away, and abolish the other House of Parliament, destroy the life of the King, deny, and disanull the Title of his Heirs, and Successors, to the Crown and Kingdome; abollish the office of a King, and ordain and govern solitarily over the people, as their onely supreame Power, and require their obedience, and subjection as to such. The quare, in this case thus propounded is, whether this said party, as thus acting, and as to this latitude of Authority, be usurpers, yea, or no? whether this their removing others from the Seat of Supreame Power, and assuming it peculiarly to themselves, be, or be not Usurpation (as Usurpation hath been before prescribed) and that to the very apex, or highest pinacle of it; yea, whether they be, or be not guilty of a double Usurpation?
First, in usurping the name and Authority of that House. It may haply be said for this. 1. That possibly they may make a quorum, or as many in number as are required to act. R: But are they not supposed to be under actuall and present force, which hath been, without contradiction by any, adjudged a ground of nullity to Parliamentary proceedings. For though all are not required to be present, yet the House must be free for all to come to, that their acts may be free and authorative.
2ly, That perhaps they may be most willing, voluntary, and free in their acts, and the force that hath taken away others may be no force but a security to them, being of the same principles, apprehensions, and designes with them. R: But though they as men may be free, yet taking upon them the name of the House, are they free as an House? the House includeth virtually every Member of it, many whereof being violently excluded by those that guard the meeting place, how free soever those persons are that sit, how can the House be said to be free? nay, doth not their voluntarinesse and free complyance make the Usurpation compleater? Could they be said to be enforc’d to declard, and act such things, we might by a favourable interpretation, onely judge their Acts to be null; but when their proceedings flow from their own wils, and they so concur to the exclusion of others more then themselves from the exercise of the power they with them are intrusted with, and assume to themselves a power, never confirmed on them by the people, but meerly of their own creation, how can this be lesse then Usurpation to the life?
2ly, In usurping (in the name of that House) the sole supremacy of Power in the Nation. It will be pleaded: perhaps, that the House of Commons, in the supposed case, is the onely Representative of the people, to whom alone the Nation hath committed the Supreme Power. R: 1. That House is not a Representative of the whole Nation, but onely of the Commons, which though the bulk, and far more numerous part; yet cannot stand for the whole in choosing a Representative, but onely for themselves. 2. If it could be made good, a that to that House, the whole Nation, in the originall constitution of Government, had committed the sole Power; the quare would easily be cast in the negative: but how will that be proved? The case, as it is put, presupposeth Antiquitie, and by past practise: and the actings of the present House of Commons, untill brought under force, to proclaim the quite contrary. 3. If nothing, ab origine, can be shewed for that, did the King that summoned this Parliament, or the People that chose this House of Commons, supposed in the Case, passe over any such prerogative to them de novo; If either of them did, let us hear how. 4. It is too grosse an absurdity to be charged upon the supposed present, and all former Representatives; that being intrusted by the people with the sole Supremacy, they have of themselves associated to them the King, and the House of Peers, it being beyond the power of the constituted, and onely in the Constitutors to make such an alteration in the fundamentall Constitution; as Representatives cannot make Representatives or Proxies, so can they not take in Associates, or advance others, not impowered by them that impowered them into a Collegueship with them. I leave it therefore to every Reader to determine the Case, and passe Judgement. Whether the sole supreme Power, in the presupposed party, be derived to them legitimately, or be not a Self-created-power, and so a meer Usurpation, and that of the fullest dimension; being against a lawfully settled Government, in prejudice both of the just Magistrates and the people: and in contradiction to both the single tye of Subjects Allegiance to Soveraignty, and the sacred sanction of Vows, Oaths, and Religious Covenants.
Of yeelding obedience to a Power usurped at abovesaid. That it is not lawfull to give up ones self to the Allegiance of such a Power.
COncerning Obedience to an usurped Authority, I meet with two opinions, which I shall severally examine. 1. Is of those who hold obedience as due, and necessary; and that in as full á manner to such, as it is to the lawfullest Power. This is held, and argued for in a Tract, entituled, The lawfulnesse of obeying the present Government: as also in A Discourse, wherein is examined, what is particularly lawfull; &c. By Aat: Asbeam Gent: See in his 2d. Part, cap: 9. Although indeed they both propound their opinion in the Title of their Discourse for obedience as lawfull; yet, in the prosecution, they plead for it in that fulnesse of latitude as due, and necessarie. This their Tenent they strive to maintain in relation to the present State of England. I shall deal with it in reference to the case above proposed, and in thesi: 2. Is of those who, reserving their obedience as due and devoted to the lawfull Power, supposed to be still existent; do yet conceive they may submit and act under a usurped Power for the time, and during the intervall of its prevalency.
I begin with the former; wherein it is asserted by one of the foresaid Authorsa, (nd the other comes not short of him in the sense and current of his Discourse) That upon the issue of a warre, and the Expulsion of a just party, a man may lawfully give up himself to the finall Allegiance of the unjust party. Against this Position must my Judgement stand, which dictates to me that I owe no obedience to an Usurper; and to yeeld up my self in obedience or Allegiance unto Usurpers, who have no other title but their usurpation, is unjustifiable, and unlawfull, and that upon these grounds.
1. I cannot (if I would) yeeld up my self in obedience to him that hath no authority over me; take him as a Usurper, and my Allegiance is incompetible to him; obedience and authority; Magistrate, and Subject, are tearms of relation, and do Se mutuo ponere & tellere: they are inseparable from one another; if there be no Magistracy in him, there can be no obedience properly, and formally in me to him. I may (either warrantably or unwarrantably) do an act possibly which he commandeth, but that cannot be truly and properly said to be an act of obedience to him: his authority is null, of no realityb. He is no Magistrate, but a private person; my fellow Subject, (if one of the Nation) or a forreiner to me; his commanding over me and others is, as if a private Souldier should take upon him to give orders to his Company, or an inferiour Officer to an Army; or a servant should offer to rule over his fellow-servants.
In saying he is a usurper, you say enough for the nullifying of his Authority, and my obedience; whatever strength he may have to compell, he hath no Authority to command me: He is a Magistrate that bath the Subjects committed to his charge and care, say the Leyden Divinesc in their Synopsis, and principality, Lypsiusd defines to be, A government delivered by Custome, or Law, and constitution to him that sustains is; and undertaken and managed by him for the good of the Subjects. Another defines a Magistrate to bee A publick person, elected by succession, let, or suffrage; which hath the right and power of Consultation, Judgement, and Command.
2. I may not (if I could) yeeld up my self as a Subject to the Usurper; in so doing, I should take away the right of the lawfull Magistrate which he hath over me, and injure him in the allegiance which I stand tyed in to him, and he still retaineth the claim of at my hands. The Magistrate is (in the case in hand) granted to be in being; he is but deprived of possession and enjoyment, not of property or title; he is yet standing in the relation of a Magistrate to me; and is onely outed of his station perforce. The obedience of a Subject is not so arbitrary, or loose a thing, as that I may place and remove it at pleasure, or as affairs go; but it is a debt which I must render to him unto whom it is due.Rom. 13. 7. Neither is Soveraignty so common, ambulatory, or prostitute a matter, as that its title ceaseth unto him that is violently extruded, or dispossessed of it, and becometh any ones that by force captivates it to himself; the expulsed Magistrate still standing upon his claim and right, and the power in possession having no title but his injurious and forcible entrance; the Subject is not disobliged from him that is expelled, nor at his choice to transfer his obedience to another, neither can the violent intruder challenge it. But in respect of the consequence of that which I here assert as unto resolution in this case, and for that I find the Gentleman, in the afore-named Discoursef positively delivering the direct contrary to it; and that which is (as I think) very strange doctrine both in Christianity and politiques, viz: That we are bound to own Princes so long as it pleaseth God to give them power to command us; and when we see others possest of their Powers,Part. 1. Chap. 5 page 22, 23. Part. 2. cap 9. page 90. we may then say, that the King of kings hath changed our Vice-royes; And further, that the point of right is a thing alwayes doubtfull;—possession generally is the strongest title that Princes have. And if possession was really the truest evidence to us of their (to wit, the expelled Princes) rights, then it is equitable to follow it still, though it be perhaps in a person of more injustice then they were. And the other book, I before cited, (viz: The lawfulnesse of obeying the present Government) maintains the same thing (both whose arguments, for what they say, I shall take notice of, when I have layed down mine own sense and Reasons) I shall therefore here labour to make good these two things: 1. That meer forcible extrusion deprives not any lawfull Magistrate of his right and title to supreame Power. 2. That violent possession gives no right to the Seat of Authority; and consequently the Subjects allegiance is not turned about by the changes of powerfull possession, and dispossession.
1. Forcible extrusion or dispossession divests not of Dominion, that the state of the Subjects allegiancee should be altered by it.
First, if the vindication or recovery of a Princes, or peoples right of Dominion, out of which he, or they are elected, or excluded be a justifiable ground for his, their, and others in their behalf leavying and waging war, and prosecuting with the sword those that withstand the said recovery; then the right of him that is expulsed by force is not cancelled, or disanulled. The reason of this consequence is of it self evident, for nothing can be the ground of a war but a just and reall title, either to be defended, or recovered; but I assume, the recovery or redemption of a Princes or peoples right to a Kingdome with-held, or wrested from him or them, is a just ground of drawing the Sword, and commencing a war. This is proved (if it needeth any proof) by the war of the Judges & people of Israel, against the Kings and Nations that at severall times invaded and ruled over them; against whom they rose up, and rescued themselves, and the Dominion of their Land from them: the story of which acts, we have in the book of Judges, and by the warres of Samuel and Saul against the Philistines recorded in the 1. Book of Samuel: as also by Davids warlike undertaking against, and suppression of Absolom, who had carried away all Israel after him, into a Rebellion against David, & expulsed him out of the Land, 2 Sam. 15. &c. and 19. 9. In like manner by Jehoiada’s and the peoples rising in Arms against Athalia, the usurping Queen, in the right of Joash; and their suppressing, and destroying her,1 Macca. chap. 1. &c. and enthroning him by force of Arms. 2 King. 11. And by the wars of the Maccabees against Antiochus, Epiphanes, and his successors.g And the many undoubtedly lawfull wars of other Princes and States in such causes as these, which to insist on is superfluous in so clear a matter.
Secondly, If right and title to Soveraignty be not built upon possession, but upon the Law of the Land, or other consent of the people, then it is not lost by dispossession; this consequence is founded upon that which a learned &illegible;h saith, Is a received maxime almost unshaken, and infallible, Nihil magis nature consentantum est, quam ut iisdem modis res dissalvantur quibui constituantur: There is nothing more agreeable to nature, then that things should be disolved by the same means they are constituted. From which he Infers, very pertinently to our case in hand, That if the part of the people, or Estate be somewhat in the Election, you cannot make them nulles or ciphers in the prorivation or translation. But the right and title of Soveraignty is not built upon possession, (which the proof of the latter Position will clear) but upon the peoples consent, which hath gone for so currant an axiome, especially of late, that it will certainly passe without contradiction.
Thirdly, If a private property be not lost by losse of possession, neither (or rather much lesse) can such a publique property be lost by that means; there can be no such difference made betwixt them as to enervate this consequence, and however, who sees not the incongruitie of this, that that which is the conservatory and protection of a private mans property, should be of a so much more slipperie tenure then it; but a private property is not lost by dispossession, if it were, for what use serveth the Law, or Magistracy? one main end of which hath been, to vindicate the Subjects right from usurpation, or what call you property? But he that either hath any, or granteth such a thing to be as property, will let this assumption passe.
Fourthly, If violent extrusion take away a Soveraignes right, then rebellion where it prospers and prevails is no treason; for there can be no treason, or other crime imputed as against the Crown, dignity, or authority of them, whose right therein is extinct and null; so that they are onely (according to this opinion) traitors or rebels, that rise up in Arms, and rebellion against the lawfull Power, and do not succeed and speed according to their desires. By this account, treason and rebellion shall consist, not in the maliciousnesse of the intent or attempt; but in the misfortune of successe, or impotency of the prosecution of it.
Fifthly, If force dissolve Magistracy; then that prohibition of resistance under pain of domination. Rom. 13. 2. is in vain, in that it concerns onely them that cannot resist effectually, and is no more then if he had said, resist not ye that want power to do it, lest if ye do, ye incur damnation: for they that have power, and please to use it to the deposing of the Magistrate, being that in so doing they put an end to his fight, how can guilt remain on them?
2. Violent intrusion into, and possession of the Seat of Authority gives no right to it; and consequently neither draws allegiance after it, nor evacuates it in relation to another.
First, an unjust action cannot produce, or create a right.i Morall good, and evill are at such distance, that the one cannot be the cause, the other the effect; but violent intrusion into Authority is an unjust action: Luk. 12. 14. Man who made me a Judge, &c. and that whether it be by one that should be a Subject to that power, Rom. 13. 2. Whosoever therefore resisteth, &c. ver. 5. Wherefore ye must needs be subject, &c. Tit. 3. 1. 1 Pet. 2. 13. or by a Forreiner, Judg. 11. 12. 27. 2 Chron. 20. 10.
2ly, If violent occupation made a right;k then it were lawfull for any, that could make a sufficient strength for it, to rise up in Arms, invade, and seise on any Kingdome or Territory, he can prevail over; yea to kill and destroy men and Countreys for Empire and Dominion, asl Cæsar inclined to hold; for that which is of it self the way and means to place a man in a lawfull estate, or calling, and makes him a lawfull possessor of it, must needs be lawfull: but it cannot be held lawfull for any, that can finde power, and advantage, to invade Crowns and Countreys, as is evident by the proof of the Assumption of the preceeding Argument.
3ly, If possession by power give a title; then its unlawfull for an oppressed Prince, or people to raise warre, or use any other means to expell an Invader, or remove such as have come in, and hold meerly by force; for its unlawfull to resist, or fight against a just Magistrate, Rom 13. 1, 2. But it is lawfull for an oppressed Prince or people, by Arms, or otherwise to free themselves from a forcible Usurper, as manifestly appeareth by those presidents given in the proof of the assumption of the first argument for the former Proposition, to wit, the wars of Israel in the book of Judges, and 1. of Samuel, of David, Jehoiadah, and the Maccabees, and by the known Law and practise of all Nations, and consent of all Divines, and Christians, who with one vote allow defensive and recuperative Arms, excepting the Anabaptists, and some ancient Hereticks of their stamp.
4ly, All force ought to presuppose a right in that about which it is conversant; whether for the defence or recovery of its wars (saith Francis Lord Verulam,m &c.) (I speak not of ambitious predatorie wars) are suits of appeal to the tribunall of Gods justice, when there are no superiors on earth to determine the cause, and they are as civill Pleas, either Plaints or Defences: Force therefore cannot create a right, seeing it is to follow it, and both give it the precedencie in time, and own it as its ground-work; Adde to this, that the Sword is committed to the Magistrate (and to him alone, saith Peter Martyrn) as its subject or owner; so that the Magistrate is before it, not made by it. The Sword makes not the Magistrate, (that is, it is not its principle of Generation,) but the Magistrate à warranto authorizeth the Sword; the sword may make for his conservation, but not for his Creation.
5ly, If force give a title (renitente populo) then that late so much decantated Aphorisme, All Power (to wit, Authority) is from the People, must be called in again; yea all Donations, Elections, Compacts and Covenants betwixt Prince and people are void, and null businesses. A third person that can get hold or power, and lists to usurp, may dissolve and evacuate them all; yea the Prince that comes in by them, when once he hath possession of the Power, holds by his power, and not by them, and can no longer, nor further look to retain his right to Authority then he can enforce it; and what Turkish and tyrannicall practises doth this doctrine put him upon of necessitie, if he will sit fast.
Mr. Asheam part. 1. ca. 2. Sect. 4.6ly, No man naturally is more a Magistrate then another: Magistracy being in truth not a naturall, but a civill relation; as is that of husband and wife, master and servant: it must therfore be founded on some mutuall and reciprocall act, or agreement of both parties, to wit, Rulers and Subjects; and cannot result out of the action of one alone of them, nor can neither partie be meerly passive, in contracting such a relation. A mutuall civill obligation cannot arise but of the joynt or interchangeable concurrance of both.
7ly, Power and right, as also possession and right, are separable, as all experience demonstrates; so it was in the controversie betwixt David and Absolom, and so it frequently happens to be: successe and victory doth not seldome follow the wrong party; and he would be thought irrationall amongst all men, wheresoever in the world, but where reason it self is brought under tyrannie, that should say, successe is the onely Arbitrator of Controversies of right, and is ever infallible.
8ly, Strength and Authority also are two distinct and separable things, and rarely meet in the same subject, but where either bruitishnesse, or all miseries prevail; man hath dominion given him over the beasts, many whereof are (and were by creation) stronger then he; What is a Generals natural strength to that of the Army over which he commands? What is a Kings, or a Counsels personall strength to that of the body of the people over which it sways? yea what is the hand in the naturall body to all the members under its government, in point of force? We see a small board or two, put in the place of a rudder, guides the whole vessel. Amongst some beasts indeed the strongest rules; but amongst men it is not regularly so: yea, among some unreasonable Animals, not force, but fitnesse designed by Election obtains the rule. Bees, they say, choose their king, of whomo Plinie observes, that either he hath no sting, or Nature hath denyed him the use of it; being onely armed with majestie. And Aristotle saith,p It is by a kinde of naturall equitie and merit, that he that is of a sage and disercet understanding should rule; on the other hand he should obey, and be in subjection, that hath more strength of body, and Arms to perform service.
9ly, Where there is no title but power, there can be no rule for Government but power and will: onely that which gives right to Magistracy must set bounds to it; how can they be tyed to Laws, in exercising Government, that are tyed to none in coming by it? If the basis or bottome of Government be power, that must also be the measure of it;q so that a Magistrate, so holding, is confined to no justice, or Law; restrained from no violence, or sacriledge that his Power may extend to. That power, against whose forcible intrusion the Laws, and Constitutions made by Prince and people, for the settling of the Crown or Soveraigne rule, are of no validity, can reasonably have no obligation upon it from any other Laws made by the same parties;r the Authority that makes the Law is the Soul that quickens it; the Law springs from Authority, as the act doth from its habit or principle; so that grant, or prostitute Authority to the Sword as its right, and you subvert all settled Laws, whether fundamentall or superstructory; and this all experience, as well as reason, dictates; for where, or in what Age did meer force assume the Empire without a lawlesse arbitrarinesse challenged to it self?
10ly, If your yeeld the Sword such a right where it can be master in the publick or civill State; why should it not have the same interest in the private, domesticall, and personall? So that pyrates, theeves, and robbers, may justly claim a right to that which they can lay their hands on, and be accountable to none for their spoil and rapine.
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&illegible;ος.11ly, Whereas the Apostle to the Romans Chap. 13. 2. forbiddeth resistance (or contraordination) to the lawfull power ordained of God, and that upon pain of damnation to be received by him that doth it, if force give a right to that power; his action, that resists with victory, shall be justifiable, and the resister shall gain a Crown instead of receiving damnation; and none shall fall under the guilt and penalty of resistance, but he that offers to resist, and cannot make it good. The sense then which this Position puts upon this text is catachresticall, and it glosseth the words so, as to be an incouragement to resist the power, for he that resisteth the power prosperously (according to it) possesseth justly that ordinance of God, and in truth purchaseth to himself (not damnation, but) domination.
Having thus, I hope, sufficiently cleered the duty of Allegiance to be not the violent intruders, but the oppressed and violently extruded Magistrates; I shall proceed to other Reasons against Subjects giving up themselves to the obedience of a usurping party.
3. If I should do that, I should yeeld assistance to the Usurper in his wrong doing, and usurpation; and so become a partaker of his sin: obedience to one, as the supreame Magistrate, is a comprehensive thing, and includes many duties towards him at a power, viz: Receiving Commission from him for offices, or acts otherwayes not competible to me; maintaining and defending him in his power by pay, counsell, intelligence, Arms, and prayers; all which I am bound to yeeld the Usurper, to my power, if I resigne mine allegiance up to him: and how shall I do these things, and not 1. support, and have communion with him in his wickednes. 2. Combine against, betray, and resist the right of the injuriously dethroned Magistrate. 3. And make my self uncapable of obedience, or being a Subject to the lawfull Power hereafter.
4. It were a publick wrong to the Nation I am a member of so to bestow mine allegiance; were I and the Countrey free from all tye of subjection (in the presupposed Case) to the expulsed Magistrate; yet I could not lawfully make such a private bargain of my allegiance, its the part and duty of a particular person in a Nation (that is joyned together as one body politick or Common-wealth) not to choose his head, or supreame Governor by his single election, or vote, but, when a new Magistracy is to be erected, or Magistrate advanced, to attend the common and generall vote of the people, or body politick he is of; solitarily, or with a small party to alter the state and posture of my publick allegiance (in this case) would be sedition, and faction; the current of the people or community I am of it to be followed, at least where they justly dispose of the Soveraignty over them. It was in it self a loyall, and right resolution (had it been in such a case as this, and not misapplyed) which Hushai exprest, Nay, but whom the Lord and this people, and all the men of Israel choose; his will I be, and him will I follow; It would be to me (I confesse) a difficult case, and harder then I will here undertake to resolve, if the body of the Kingdom (in the case in hand) should either collectively, or representatively conspire; notwithstanding their oaths, vows, and Covenants, to abrogate the ancient Soveraigne Power, and to set up the Usurpers; but that’s not the present case, here is no generall consent of the Kingdom presupposed, or pleaded for in behalf of the Usurper; the dispute is about obedience to meer Usurpation. And in this state of things, to leave every man free, to make over his allegiance by himself, is to open a doore to more divisions then ever yet were in any Age, or Nation, and would confound all, not an heptarchy; but a chiliarchy,1 Sam. 10. 27. 2 Sam. 19. 41. 20. 1. or myriarchy might follow. When Saul had a generall vote of the people to be King, they were children of Belial that refused him; and at Davids re-invelling after Absoloms treason, and fall, the men of Israel challenged them of Judah for going about to restore the King without them; the far greater part of the Kingdom, and that man of Belial, Sheba, the son of Bichri, was justly pursued with the sword unto death, for blowing a trumpet of defection from David, when they both had consented to re-advance him.
5. But there is a bar yet behinde, of as main a strength as any yet stood on, to keep back such a submittance to the Usurper, and that is the Oaths, Vows, Protestations, and Covenants presupposed above to be taken by the people, for their owning, obeying and defending the power or Magistracy displaced, and In opposition to whose right the Usurper comes and continues in.
I have hitherto discussed the question in a case without reflection upon any particular Kingdom, or reall Subject; and so I shall do still, onely I shall borrow leave, in the prosecution of this Argument, to presuppose, in the aforesaid Case, the Oaths and Covenant were the same that have been taken in this Kingdom of England. The Author of the book called, The lawfulnesse of obeying the present Government, in his 11. page moveth an inquiry thus: It were good to consider whether there be any clause in any Oath, or Covenant, which, in a fair and common sense, forbid obedience to the Commands of the present Government, and Authority: and proceeding, he onely makes enquiry into one clause of the Oath of Allegiance, which he thives to bow to his sense, and passeth by all besides. I shall speak to what he saith on that clause anen; and shall here onely interrogate, or propound by way of quære, concerning divers clauses in the Oaths, Protestations, Vows and Covenants.
First, concerning the Oaths of Allegiance and Supremacy, whereas in the former, it is sworn, I shall bear faith, and true Allegiance to his Majestie, his Heirs, and Successors: and him and them will defend to the uttermost of my power, against all conspiracies, and attempts whatsoever, which shall be made against his, or their persons, their Crown, or dignity. And in the latter, I shall bear faith, and true allegiance to the Kings Highnesse, his Heirs, and lawfull Successors: and, to my power, shall assist, and defend all jurisdictions, priviledges, preheminencies, and Authorities granted to the Kings Highnesse, his Heirs, and Successors; or united and annexed to the Imperiall Crown of this Realm. First, do not these Oaths binde, whomsoever hath taken them, clearly, plainly, and in terminis to an Allegiance, over-living his Majesties person, and pitched upon his Heirs and Successors; so that he is not free from the Oaths at his Majesties decease, or then left at randome to pay his allegiance to whom he will choose? 2. Do they not intend, by His Majesties Heirs and Successors, the same persons, joyning them together with the copulative (and) and not using the discretive (or) and the former Oath twice comprizing both in the following clauses under the same terme or pronoune, (viz: them, theirs) so that, according to these Oaths, His Heirs, are of right his successors, and none can be his Successor, (whilest he hath an Heir, and longer the Oath lasts not) but his Heir; and If any conspiracy or attempt should be made to prevent his Heir from being and continuing his successor, or to make any one his successor that is not his heir, (if he hath one) is not the Subject sworn, by vertue of this Oath, to continue his allegiance to his Heir as the right successor, and to defend him in that his right to his uttermost? 3. And doth not the tearm (lawfull) annexed to Successors (in the Oath of Supremacy) manifestly exclude all cavill of a distinction betwixt Heirs and successors; the word (lawfull) (whether you interpret it of legitimation of birth, or proximity of succession in regard of line, according to the Law of the Land, entailing the Crown upon his Majesties issue; or rather both the latter including the former, restraining successors from meaning any other then his heirs? 4. And do not both these Oathes binde the swearer to assist and defend to his uttermost power, against all attempts, Monarchy, or the Kingly Office, and Government (in the race of his Majestie) cleerly expressed by many tearms, to wit, Their Crown or dignity, all jurisdictions, priviledges, preheminences, and Authorities, granted to the Kings Highnesse, his heirs, and successors, or united, and annexed to the Imperiall Crown of this Realm. How then can he yeeld obedience to them that are not his heirs, nor lawfull successors, nor do so much as wear his Crown, or sway the Regall Scepter? How can he not oppose, and withstand them in the assistance and defence of the right of his Majesties heirs and lawfull successors?
2. Concerning the Vow and Protestation of the 5. of May, 1641, and the Solemn League and Covenant. 1. How can any that hath taken the said Protestation according to it, maintain and defend the true Protestant Religion, expressed in the Doctrine of the Church of England, against all Popery, and Popish innovations within this Realm, contrary to the same Doctrine; and yet yeeld obedience to an usurping authority, coming in, and holding in derogation of, and opposition to the lawfull Prince; when as the publick doctrine of that Church (layed down in the 2. Tome of Homilies, and the last Homily thereof approved of by the 35. Article of Religion) fully and flatly refuteth, and condemneth any Subjects removing, or disposing their Prince, upon any pretence whatsoever?
2ly, How can any man according to the Protestation, maintain and defend, the power and privileges of Parliament, and according to the Covenant preserve the rights and privileges of Parliament; and yet yeeld obedience to a small party of one of the Houses of Parliament, as the Supreame Power, the said party excluding the rest of that House, and the other House wholly; and deposing the lawfull Prince, and abolishing the Office of the King, whose presence, personall, or legall, and politicall, hath been declared inseparable from the Parliament, and joyning with an Army, that with force hath demanded, and carried on these things?
3. How can be, according to the Protestation, maintain and defend the lawfull rights, and liberties of the Subjects, and, according to the Covenant, preserve the liberties of the Kingdom; and yet obey, and own a meerly usurped power. Whereas the most fundamentall civill Liberty of a Kingdom, and Subjects is to have a Government over them, set up by the constitution, or consent of the people; not obtruded on them by those, who of their own will and power, without any calling from them, assume it to themselves?
4. How can he, according to the Covenant, preserve and defend the Kings Majesties Person, and Authority, &c. and yet yeeld obedience to those usurpers, who, after his death, cast down his Authority, and place themselves instead thereof as the Supreame Power; whereas his Authority, in the plain intention of the Covenant, is to be preserved and defended beyond the tearme of his life, and in his posterity; as it appears from this clause compared with those words in the preface, Having before our eyes the glory of God,—the honour and happinesse of the Kings Majestie, and his posterity?
5. Lastly, how doth he, according to the Protestation, to his power, and as far as lawfully he may, oppose, and by all good wayes, and means endev’ur to bring to condigne punishment all such as shall either by force, practise, counsels, plots, conspiracies, or otherwise, do any thing to the contrary of any thing in this present Protestation contained; and, according to the Covenant, not suffer himself directly, or indirectly, by whatsoever combination, persuasion, or terror to be divided, or withdrawn from this blessed Union and conjunction; whether to make defection to the contrary part, or give himself to a detestable indifferencie, or neutrality in this cause, which so much concerneth the glory of God, the good of the Kingdome, and honour of the King, but, all the dayes of his life, zealously, and constantly continue therein against all opposition, and promote the same, according to his power, against all lets and impediments whatsoever, that yeeldeth allegiance, and obedience to a party standing, and leading all those that agree to obey them in so palpable contradiction, and opposition to some materiall points, and concernments of Religion, divers most fundamentall rights of the Parliament and people, and all the Authority and whole being of the King, contained and covenanted for, in the aforesaid Protestation and Covenant respectively.
The question discussed, Whether submission to, and acting under a usurped Power for the time, be lawfull, with a reservation of Allegiance to the lawfull Power supposed to be expulsed.
I Now come to enquire into the other opinion before mentioned, viz: That one may submit, and act under a usurped Power, for the time, and during the intervall of its prevalency; with reservation of allegiance, as due and cordially devoted to the lawfull Power expulsed. And about this we shall not insist long, because we finde not much contestation or difficulty.
In regard of the justnes, and necessity of some things which may be the subject, or matter of the Usurpers command, and the Arbitrarinesse of others, and the lawfulnesse of either, not depending upon the command or warrant of a superior, but resulting out of the nature of the action it self; so that a private man might do it, were there no Magistrate to command it, or no command from the Magistrate for it. We must needs grant, there are things which may be done upon the Usurpers command or injunction, (though not because or by vertue of it) for the command of him that unwarrantably assumeth power, cannot, by it self, make that unlawfull which were lawfull if that were not. For instance, the performance of acts of common equity, charity, order, publick utility, and self-preservation is requisite: suppose it be in concurrence with a Usurpers command, and in thus doing we do materially, but not formally obey him; the ground of acting, in such things, being not at all any relation, or principle of subjection to him; but conscience of obedience to the will of God, and doe respect to others, and our own safety, and good. Under this sort of actions I comprehend:
1. Taking up Arms for the preservation of our selves and the Countray against a common Enemy, upon the Usurpers summons; the which we might do of our selves, were there no Authority; or if a just Authority were in being, yet if it could not, or did not, maturely enough call us forth to it.
2. Payment of taxes, and bearing other impositions for the usurping Power, where, and while we are under his compulsive power, because such contributions may, and will be taken whether I will pay them or not; and I yeeld them under his enforcement, as a ransome for my life, or liberty, or somewhat else that is better to me then the payment; and consequently I am to choose the parting with it as the lesse evil, rather then with that which is better, which to loose is to incur a greater evill for the avoidance of a lesse. In this point Mr. Ascbans, the afore named Author, (Part. 2. Chap. 1. page 35.) determineth well (had he not contradicted (as I understand him) that he delivers in this and the next Chap. with that assertion of his part. 1. cap. 6. page 25.) distinguishing rightly betwixt that which cannot be had, nor the value of it, unlesse I actually give it; and that which may be taken whether I contribute it or no. Of this latter kinde is paying of Taxes in this case;a herein I am but morally passive, as a man that is fallen into the hands of a pack of bloodie theeves; and, being demanded it, takes his purse out of his pocket, and delivers it to them, though with his own hand (saith that Author) he puts his purse into their hands, yet the Law cals not that a gift, nor excuseth the thief for taking it, but all contrary. Or a man, apprehended by a party of the inviding Enemies, or Usurpers Army, walks or rides along with them to their muster or battell, when as he cannot escape them, and otherwise they would draw him. But it is commonly objected thus. Obj. This payment or other charge is taken, and will be used to an evill use as to maintain Usurpation. R: But that’s beyond my deliberation, not in my power to prevent; it will not be avoided by putting them to force it from me, but rather more gain will accrue to them, and damage to me, if I stand out; my denying will be made an occasion by them to take more: this case is like that of entering into a Covenant with those that in covenanting we know before hand will swear by a false god, wherein, Divinesb resolve, the partie swearing by the true God participateth not in his sin that swears by a false one, in as much as he communicates with him in the Covenant, not in the oath taken on his part, and provides thereby for his necessarie security; and thus did Abraham, and Jacob, in their respective Covenants with Abimelech and Laban.
3. Complaining, petitioning, or going to Law before the Magistrates or Courts authorized by the Usurpers. (Provided, you give not the Usurpers, to whom you petition, such Titles as you give to the lawfull Magistrate.) In thus doing, I seek my necessary self preservation; neither do I yeeld,Excusantur à peceato inducendi tyrannutn ad actum, & opus &illegible; petentes ab illo &illegible; quia non retunt actun illititum, sed justitam illius ottin illiciti pie interpre. tandx sunt petitiones tam iustitiæ quam tionestu uratiæ quæ ofteraneur Tyrannis, seillcerss vis, seu ex que vis detinere, & exercere hoc diminium, utere illo juste, utere honesle, utere pie, utere ad utilitatem publicam, & priratorum, prout deceret dominium nec intendunt, nec petunt actum usurpatum, led qualitattm iamctam inactu usurpato exercendo. Caietam Iummula, Tit. Remp. tyrannice, &c. or ascribe to them to whom I have recourse any just power of judicature, or participate in their sin of usurping it; onely I acknowledge they have might and ability in their hand to right me; which, though they ought not to assume, yet I may take the benefit of their unjust use of it; as a poore man may receive relief at the hands of him that hath gotten those goods he distributeth unjustly; and I may receive my money, with a good conscience, from the hands of a thief that is willing to return it to me, though he took it by robbery, from another thief that robbed me of it; and if the party, with whom I have a controversie for my right, will agree to refer the matter, betwixt us, to a private person as an Arbitrator, and stand to his arbitrement; that is a lawfull means of coming by my own, though by his help, and award that hath not claim of Authority over me; my submitting therefore my private right to the judgement of an usurping Magistracy, is no placing or owning a publick power of judicature to be in him. It hath been ordinary (and there is no doubt of the lawfulnesse of it) for a Souldier to ask quartor, a prisoner liberty, a man his plundered goods of his Enemy: yet in all this there is no concession of a legall power in that Enemie to be a Judge over the said Petitioners, either in case of life, goods, or liberty; onely in the form of addresse to the Usurper, we had need be cautelous that such a style be not used as will be a plain concession of his title to the power which he usurps.
But, in granting liberty of concurrence with some commands of an usurped Authority, we neither yeeld any obedience at all to be due, or performable to it; nor can we allow a correspondence with it in divers things, and therefore we are to put a difference.
First, betwixt things that are in themselves necessary, and those that are of a middle or an indifferent nature in themselves considered. In the latter; though, in some cases, I may act upon the Usurpers injunction; as our Saviour payed tribute where he was not bound to it, to avoid scandall; yet I must be cautious, 1. of owning, justifying, or upholding the usurpation, or injustice of the party commanding, the very appearance whereof I must as much as I can avoid. So did our Saviour, in paying the tribute gatherers their demand, by declaring his freedome, and the consideration upon which he payed, viz: not the equity of the demand, but his willingnesse to prevent scandall. And therefore in the observing of a duty of Religion, necessary in it self, and appointed, by unjustifiable Authority, to be kept on such a set day, which is in it self, arbitrary, the best way is, to take another day for it, for the &illegible; of the appearance of the evill of obeying an unjust power. 2. Of doing any thing that I may foreses will bring a worse scandall being acted, then the omission of it would; it being required of a Christian, where scandall-takeing lyes both wayes (as not seldome it doth) to shun the offence that is of worse consequence, which is usually that which is more generally taken, or by persons more considerable, or worthy of tender respect. The Apostle Paul, condemning Judaisme in Peter, and others at Antiocle, practised in favour of a few, where the most part were Gentlle Christians, Gal. 2. 11. &c. but admitted it at Jerusalem, where the greater sort were beleeving Jews, Act. 21. 20, &c.
2. Betwixt morall, or prudentiall acts competible to private men, or subjects, and politicall acts, or judiciall proceedings that flow from power, and Authority inherent in the person that acts them, or are the issues of distributive justice, and either come forth from a person clothed with Government, or unto which is requisite a stamp of Authority to make them lawfull, and justifiable: as to bear the office of a Magistrate, or Commander in Civill or Military affairs, or to be any under Agent, or servant in carrying on, or assisting the Government. An Usurper, in giving out Commissions, Commands or Warrants for proceedings of this nature, I conceive may not, in this kinde, be obeyed. Men are not to act as subordinate rulers, or agents, under such a power, or as sent by him as supreame in the Apostles sense, 1 Pet. 2. 14. For,
1. The Usurpers authority being indeed null, and of no effect, he being in truth but in a private mans capacity, as to the power he assumes; he cannot communicate, or derive any authority unto me, whereby I may act, that which before I could not; so that those actions, which require the seal of Authority to make them lawfull, and which without it would be irregular and sinfull, it must needs be clearly unlawfull for me to do, by vertue of his Commission. Conscientious advised men will generally judge it presumption, violence, oppression, bloodshed, respectively for a private man to take upon him of himself, to imprison, chastise, amerce, or put to death any supposed, or really manifested malefactor; and if I have no other humane warrant but the Usurpers, it leaving me but in a private mans capacitle, will leave my actions of that nature under no better a character. If I should, being about such undertakings, be asked that question of our Saviour, Lick. 12. 14. Man, who made thee a judge, or a divider over us? What satisfaction would it be to him that so enquireth, or to mine own conscience to alledge the name of the Usurper, who, as to supreme Authority, and consequently to the making of a competent Officer of Justice, is as good as no body.
2ly, So to act would make me a usurper also, and bring me in to be a partner in the supreame usurpers sins; in as much as politicall or State instruments, to wit, their subordinate agents, share together with the superior in the morall qualification of the work of Government.
3ly, This were manifestly to uphold, and maintain Usurpation; thus I should contribute assistance and support to the unjust power, and oppose the right of him, or them against whom he holds it; they that favour this kinde of acting as requisite, in regard of the subjects protection, and safetie, seem not to consider, that a subordinate officers acting looketh upward, as well as downward; and he that is such a one to the Usurper, serves his turn of subsistence in an unlawfull possession as much, or more then the subjects benefit. For first, he acknowledgeth and justifieth his authority as sufficient and valid by &illegible; under, and by it. 2. He keeps up that authority, and extends it to as many as he hath to do with: 3. He gives an example and encouragement to others to embrace and propagate it, as he himself doth. 4. He layes an ingagement upon himself to stand or fall with the Usurper; and so to do his utmost for him. 5. He involves himself, either wittingly, or blindfoldly in a concurrence with those counsels, and actions, which both in their own nature, and in the intention, and projection of the Usurper, directly tend to the Usurpers establishment, and the impeachment of the lawfull Governors claim, and re-advancement.
Upon these grounds, and the like, the secluded and the so-joyned members (in the case stated. Chap. 1.) had need be advised well before they enter, or act among the presupposed Usurpers: though they might be admitted by them without questioning, or purging, I question how they can enter amongst them without self-sovling: though they should, in going in, resolve to act honestly, yet, I see not how they can be untainted in a concession with those, who in their present comprehension or totality, assume a power not legally in them, and act legislatively, and otherwise in the highest sphere of Supreamacie: a force being upon the House, and the majority of Members, and the Authority of the King, and the Lords-House being professedly excluded by them. They that are out may do well to resolve, before they joyn, how it can be lawfull for them that sit to act at all (though never so just things) the whole, or body, to which they belong, being so mangled in its Members, and manacled in its freedome. And, if at all they may act, how according to Law, conscience, and their Oaths and Covenants, they can govern in that solitarinesse of supreamacie,Et magnum sit τν πολιτικοιτ
&illegible;τφν σιμμαζαν,
&illegible; sit in Consilium tyrinni, si &illegible; aliqna de re buna deliberaiutus sit. Quare si quid ejusmoli evenerit ut accersamur, quid censeas mihi saciendum, &illegible; scribien. Nihil &illegible; mihi adhue accidit. quod majoris coasilit ed. M. T. Cicero, epist. ad T. Pomp. Atticum. I. to ep. 1. and deposition of their compeers: if they think these things unjustifiable in them that sit, have they not cause to be warie how they involve themselves in such mens actings, whilest they stand in that posture? Besides, that they in coming in help to strengthen the usurpers by increasing their number, and giving them countenance in the eye of the Kingdom, as much as if they in all things concurred with them; for without the House, who knows how men sway, on give their vores? And, on the other hand, they weaken and much prejudice the claim of the lawfull Power, by appearing on the contrary party, putting themselves into an incapacity to act for it, as otherwise they might, and ingaging themselves to assist, or at least, not to oppose the Usurpers.
Finally, let them recollect, before they enter that doore, what they have sworn to his late Majestie, his Heirs, and lawfull Successors; what to the Parliaments Power, rights and priviledges, and what to the Kingdom, and Subjects lawfull rights and priviledges; and deliberate how they, keeping of those things, and sitting down with these men, will be reconciled. I finde that even wise Heathens have scrupled at this, without the supposition of such Oaths.
The obligatorinesse of the Oaths and Covenant, urged in the 2d. Chap: against obedience to Vsurpers, made good against divers late Authors.
BEfore I take in hand to answer Arguments that are brought for the confirmation of those two opinions for obedience to Usurpation, and against which I have argued in the preceding Chapters; it will be convenient in this place to take notice of such allegations and Exceptions, as are made against the obligation of the Oaths and Covenants before urged as binding out from that obedience: sundry late Authors having pleaded that the Oaths, and Covenant either are not now in force, but expired, or do not extend too, and binde in the case to which they are applyed. I begin with the Remonstrance presented to the House of Commons, Novemb: 20. 1648. which unto the clause in the Solemn League and Covenant, Art: 3. obliging to endevour to preserve and defend the Kings Majesties person and Authority, in the preservation and defence of the true Religion, and liberties of the Kingdom: alledgeth divers things, some of which concern onely the obligation to the preservation of the Kings person, those are past consideration, other reflect upon it in relation to his Authority, as unto which I have urged it to be still in force, and therefore shall examine what the Remonstrance saith for the invalidating of it as unto that, bringing in onely so much of its argumentation, as can be construed to tend to this purpose: and of this nature I observe two Allegations.
1. The words (in the preservation and defence of the true Keligion, and Liberties of the Kingdoms) are a restriction to the engagement for preservation of the Kings person, and Authority, so as to oblige them to no further, nor in any other way then shall be consistent with the preservation and defence of the true Religion, and liberties of the Kingdoms, but if by reason and experience we finde the preservation and defence of her person to be not safe, but full of visible danger (if not certainly &illegible;) to Religion, or publick interest, then &illegible; (by the &illegible; is self) the preservation of his person or authority is not to be endevoured so far, or in such away, or at least the Covenant obligeth not to it, but against it: page 55, 56.
1. It is not necessary nor proper to take the words, in the preservation, &c. as restrictive to the engagement either way, that is either for the preservation and defence of the Kings person and Authority on the one hand; or of the true Religion and Liberties of the Kingdoms on the other: It is not necessarie (I say) for those words in the Article (in our severall vocations) are an expresse, and fully sufficient restriction, taking in, and binding to all lawfull and just wayes of preserving and defending each of them, and excluding all unlawfull. Neither is it proper, [in] there being clearly conjunctive, and as much as [with] and equally looking both wayes, that is, both to the preservation and defence of that which goes before, and that which follows, unto the preservation and defence of all which (though they be not of equall worth or intrest, so that one of them must come behinde the other in the order of our endevours of their preservation and defence, yet) the Covenant binds equally (in regard of the firmnesse of the obligation) yet if any shall still contend, that clause to be restrictive in that manner which the Remonstrance saith, I will not strive in a verball contention with him; for the taking of it so no more lesseneth our obligation to the preservation of the Kings Authority, then if it had not been inserted; we being tyed notwithstanding it, so all just wayes of preservation therof, and no more had been involved if it had been left out.
2. But the sinews of this Argument lyeth in the pretended or implyed inconsistency betwixt the preservation and defence of Religion and the Kingdoms liberties; unto which I say:
1. There is doubtlesse a fair consistencie, non-opposition, or agreement betwixt the safetle of every one of these, the being of each of them may and can stand with the other, it is a groundlesse surmise, and grosse absurditle to imagine an inconsistency betwixt the just intrests of any of them, our taking of them together into the Covenant yeeldeth thus much; if there were any incoexistency amongst them, we could not have sworn to their joynt preservation; or if we did, the Oath was of impossibles, and so (as to this branch) both unlawfull and void, or non-obliging in the making of ita.
2. An endevour to preserve the one and the other will well enough stand together; a lawfull power indeed actually and effectually to preserve them all may happen to be wanting, and any one of them may fall under danger, and I may want just means to relieve it, but an endevour (which can onely Import a doing what is within power and warrant) may be yeelded still to the preservation of every of them.
3. Seeing then that an inconsistibility either of the things one with another, or of the endevouring their preservation cannot be pleaded as possibly incident or occurrent, evident it is, that there cannot at any time lye a necessitie of taking away of any of them, and that the obligation of the Covenant to the endevour of preserving every of them continually stands in force during their respective existence, and consequently it bindeth out from intending, seeking, attempting, or prosecuting the abolishing or destruction of any of them; for that is indeed truly inconsistent with the said endevour, and therefore a palpable violation of the Covenant.
It must here be granted, that the lawfull and necessary defence and preservation of one of them, sometimes may so imploy me that I cannot at that time by the same means act for the others safety; yet what I act for one, may put the other in hazard, and in the issue not onely be accompanied with, but (though against my will, and endevours to the utmost of my lawfull capacity) contingently, and besides my intention prove the losse and raine of the other: and this is incident not from any contrariety or Inconsistency that is betwixt them, but both because they are distinct, and separable things, and so cannot alwayes, and by the same medium be concurrently prosecuted: and because some of them are more worthy then the other, which must therefore have the preheminency thus far, that if they cannot altogether with my best endeavours be secured, I am to prefer the security of the most precious, and expose any of the other rather to danger then it. As for instance, it will (I soppose) be admitted to be agreeable to the Covenant, for the Kingdoms rather to omit the safe-guarding of their Liberties, and put them to the hazard then the true Religion, where both cannot be joyntly put out of danger: but all this amounts not to a disobligement from the endevour of preserving them all; nor to a liberty upon any emergency of active, direct, and purposed making away, or removing of any of them, though under pretence of securing the other. I have read of one Alcon, who finding his son fast on sleep upon the grasse, and a Serpent creeping upon his breast, he not apprehending how otherwise it was possible to save his son, took his Bowe, and shot at the Serpent upon the boyes breast, which (though to the manifest endangering of his life) yet he chose rather to take that course, then by suffering the Serpent to leave his life to a more certain destruction; and either his art or good hap was such, as that he prevented and slew the Serpent, and preserved his Son:b those whom we are bound and most solicitous to preserve, we may upon an extreame exigence put in some hazard that we may preserve them; but there is a great difference betwixt this, and a deliberate purposed, declared prosecuting them to destruction.
Manilius ll 3.3. But how doth the Remonstrancer prove the Assumption, viz: The inconsistency pretended betwixt the endevour of the preservation of the Kings person and Authority, and the preservation of Religion and liberty? thus he saith, By reason, and experience we finde the preservation and defence of his person and Authority, to be not safe, but full of visible danger (if not certainly destructive) to religious or publick Interest.
If the one could be said to be certainly destructive to the other, you would have said it without an [if not] but it seems you have not confidence to assever so much, and yet they cannot be purely inconsistent without such a destructivenesse; so that your own extenuation sufficiently discovers the weaknes of your proof, all that you affirm is, That there is no safetie, but a full visible danger in the preservation which you impugne.
1. The danger you pretend is in the disposall and use of the things to be preserved, not in the nature of the things. For Instance, the Kings Authority is politically and morally good, the ordinance of God, and if well used may be eminently advantagious; if evilly used may be dangerous enough to Religion and liberties: the like may also be said or the privileges of the Parliament, and of the liberties of the Kingdoms in relation to Religion, and to each other; will you thence infer an inconsistency of these with Religion, or a disobligement from the Covenant for preservation and defence of these?
2. As there may be danger that way to the things specified, so there may be danger and insecurity to the same things on the other hand, viz: in the destruction of the Kings person (suppose it were undone) and Authority, and let impartiall Reason and Experience judge, whether the preservation or destruction thereof hath more danger in it to Religion, and the Kingdoms Liberty.
3. But seeing there may be some danger on each side, and in the preservation of the Kings Authority, there is no more pretended but danger, and that but of suffering, not of sin, it is apparent, that as there is no such inconsistency as is intimated, so the obligation of the Covenant to the preservation of the Kings Authority stands good, and our safest way is to avoid the horrid sin, and greater danger of Covenant-breaking, by standing upon the said preservation.
2ly, The other thing which the Remonstrance alledgeth, and is to be cleared is this. Where severall persons joyning to make a Covenant, do make a covenanting clause therein to the good or benefit of another person not present, no party to the agreement, but whom, and whose Interest they would willingly provide for as well as for their own, to the end he might joyn with them in the agreement, and partake the benefit thereof as well as themselves, if this absent party (when it is tendered to him for his conjunction) shall not accept the Agreement, but refuse to joyn in, and oppose it, and begin, prosecute and multiply contests with all the Covenanters about the matters contained in it. Surely that person in so doing by his once refusing upon a fair and full tender, sets the other Covenanters free from any further obligation, by vertue of that Covenant, at to what concerns his benefit or interest therein. Now whether this be not your case, &c.
1. True indeed, a releasement from Covenants and promissory oaths, which concern matters betwixt man and man is granted lawfull some wayes: But, 1. this must be done by the party with whom the Covenant, and to whom the Oath is madec, but as the Remonstrancer acknowledgeth, this Covenant was made the King being not present, nor a party covenanting, or covenanted with but a third person, the persons covenanting, and covenanted with mutually (as by the Introductory part is manifest) were the Noblemen, Barons, Knights, &c. in the Kingdoms of England, Scotland, and Ireland, it was it may be desired, and hoped that the King and his Issue would afterwards approve and joyn in it, but the Covenant war actually plighted, and therefore did actually binde in every branch of it they not taking it; and (the parties with whom we covenanted not releasing us) the pretended refusall of the King could be no discharge from it. 2. A releasement can be made by the party covenanted with and sworn too, onely where the Covenant is for the particular and proper interest of that party, or so far onely as concerneth him, but not to the prejudice of a third parties concernment without his consentd; but the Covenant (even in that part of it) was not meerly or chiefly of a private or personall importance to the King himself, but was, and is of a publick interest to the Covenanters themselves and the Kingdoms; the Kings refusall therefore and opposition to it could be no release from it: we say on all hands, the King is for the Kingdom as the means is for the end. We have ten parts in the King, said the men of Israel of David; and at another time they said and sware, Thou shalt no more go out with us to battell, that thou quench not the light of Israel. What portion have we in David? and we have none inheritance in the son of Jesse, the ten Tribes said, when they made a revolt from, and rebelled against Reheboam.
The Introduction of the Covenant in laying down the concernments and ends for the making of it, expresseth it self thus: Having before our eyes the glory of God, and the advancement of the kingdom of our Lord, and Saviour Jesus Christ, the honour and happinesse of the Kings Majestie, and his posterity, and the true publick liberty, safety, and peace of the Kingdoms wherein every ones private condition is included. And a little afterwards, We have for the preservation of our selves, and our Religion from utter ruine and destruction, resolved, and determined to enter into a mutuall and solemne, League and Covenant, &c. And Art: 6. it styleth its cause, This Common cause of Religion, liberty and peace of the Kingdoms: which cause, it saith presently after, so much concerneth the glory of God, the good of the Kingdoms, and honour of the King.
2. The King never refused to agree to, nor did he oppose the matter of this particular clause: as touching this there could be no dissent on his part, his prescribing and standing upon the Oaths of Allegiance and Supremacy, wherein this clause is contained, his avowing the difference and war on his part to be for the defence of his person, and authority; his putting forth Oaths to them that adhered to him for the preservation of these, makes it as clear as noon-day that he refused and opposed not this branch. Now upon this consideration, the Remonstrancer hath not onely falled in his allegation, but overthrown his own argument; he saying in the place before cited, Although the Kings refusing sets the Covenanters free from any further obligation by vertue of that Covenant, at to what concerns his interest and benefit therein, yet the Covenant at to other matters concerning the right and benefit of the Covenanters one from another stands still obliging, and in force. I may by the same reason say, the Kings refusing the Covenant upon exception against other clauses, not this, and his opposing other matters in the Covenant, not this, could not dis-ingage or release the Covenanters from this, about which there was not the least dissent or reluctancy, but a concurrence full enough on his part; so that the Covenant must stand still obliging and in force as to this part.
3. If the Kings said refusall and opposition could have discharged us from this member of the Covenant as to his own person and interest in the Authority, yet with all your straining you cannot stretch them to our release from preservation and defence of the Kingly Authority in relation to his posterity, who were in proximity to him interested in it; and for whose interest therein the Covenant was also madee; and whose refusall of it, nor yet a tender of it to them, you do not, cannot once plead.
I have done with the wrong glosse of the Remonstrancer endeavouring to impeach the obligation of this clause of the Covenant. I finde another (a deare friend of his) tampering with it also to elude the tye of it; and he offers it no lesse violence, but in a more unhandsome and grosse manner. It is that Polemick, or Army-Divine, Mr. J. G. in his Defence of the Honourable Sentence, &c. The man in that book undertaketh, and bends his skill to a double unhappie, and crosse designe, to wit, to varnish and guild over that which is very foule, and to besmear and obscure that which is very clear. In his prosecution of the latter he fals upon this sentence of the Covenant, in dealing with which he correspondeth with the Remonstrancer, and as this hath challenged to himself a prerogative to enforce men and Magistrates, so doth he arrogate to himself to be a bold enforcer of words and Covenants; a more strange and presumptuous perverting of plain words, I never read nor heard, then that which he useth to this clause, when he saith, page 51. Evident it is, that those words in the Covenant in the preservation and defence of the true Religion, and liberties of the Kingdoms, import a condition to be performed on the Kings part, without the performance whereof, the Covenant obligeth no man to the preservation or defence of his Person or Authority. And this condition he makes to be, page 52, 53. That he preserve and defend the true Religion, and liberties of the Kingdom: and of this his paraphrase of the words he saith, If this be not the clear meaning and importance of them, the Covenant is a Barbarian unto me, I understand not the English of it. The vast exorbitancy, audaciousnesse, and impietie of this his wresting, and straining of these plain words, I leave the Reader to take the measure of: I shall onely endeavour to free them from this his distortion.
1. Let the words themselves speak, they do not say in his preservation and defence, &c. but in the preservation and defence, &c. plainly referring to the same preservation and defence of Religion and Liberties which is before promised, and sworn in this and the preceding Articles, and as evidently referring to the same persons preservation, and defence of them here, which are to preserve and defend them in the former clauses, and which are to preserve and defend the Kings Majesties person and Authority in this, viz: the Covenanters. If the Covenant had intended to pitch the preservation and defence in this clause upon another person, or persons, as the performers besides those to whom the same actions are referred immediately before, it would have pointed them out distinctly; but when it expresses no other, ordinary construction will attribute them to the parties before nominated; and no regular construction can put them upon any other. This reading is plain English to him that knows the language, and will understand, and Mr. G. proves himself a barbarous dealer with the covenant, in that he will have it, either to admit of his antigramaticall sense, or to be a Barbarian to him. I dare appeal to Mr. Gs. own conscience, if it be not either speechles, or a Barbarian to him, whether, when he took this Covenant, he understood this clause in the meaning he would now thrust upon it; or rather hath not played the Dœdalus since, in shaping, and bringing forth this sense to serve his turn, and defend what hath been since acted.
2. In making this the importance of those words, Mr. G. contradicts his friend, or Patron the Remonstrancer, in his expounding of them, and takes away the very medium, or ground of his argument before brought in out of his book, page 55, 56. and answered above. For he page 55. takes those words either at a restriction to the engagement for preservation of the Kings person and Authority, to wit, at obliging no further then it consistent therewith: yea he protoseth whether the said engagement may not be so understood as to be fulfilled in the preservation of Religion and Liberties; neither of which senses can carry that clause to the King as the performer: and in page 56. he explaineth this preservation, and defence of Religion, and liberties to be the Parliaments Covenanted utmost endeavour to preserve them. Let Mr. J. G. then leave endeavouring to reconcile the Covenant and his cause which are at too great odds to be reconcileable, and go make the Remonstrancer and himself friends, who differ so diametrically in their sense of these words.
3. How will Mr. G. make this sense of his, and the proceedings against the late King stand together? for before the King was so proceeded against, he had consented to all that was positively proposed to him for Religion, at least for 3. yeers; and for the privative part propounded, to wit, the Abolition of Episcopacy he had not denyed it, but granted the present suspension, and referred the utter extirpation of it to the deliberation of the Assembly, and ordering of Parliament; against whose consent he had agreed nothing should be done for the restoring of it: and had granted fully the Parliaments overtures for Liberties. Neither doth the Remonstrancer, or any other (as far as I have observed) insist on the shortnesse of the Kings concessions in any particulars of either nature, as the ground of those capitall proceedings, but on the inexpiablenesse of his former facts, and the unsafenesse of trusting him for future upon any tearms. If then the King, immediately before the fatall prosecution against him, did (as his present state would permit) concur so amply in the preservation of Religion and Liberties, they were bound that had taken this Covenant by vertue of this clause taken in Mr. Gs. sense, whatever had been his former carriage) then to endeavour the preservation of his person and Authority. The Covenant in this branch is indefinite, and unrestrained in regard of time; it doth not say (suppose Mr. Gs. meaning had been its words) we shall preserve the Kings person and Authority, if he shall (within a yeer or two after this) preserve Religion, and Liberties; but obligeth the Covenanters whenever the King should joyn in preserving Religion and Liberties (as Mr. G. understandeth it) to the preservation of his person and Authority. Here then Mr. G. instead of weakning the Covenant, as to the end it was urged by those whom he opposeth, hath by wringing turned it against himself, and that his adored cause which he would have defended and that with more strength then is in any of those reasons (or rather shifts and colours) brought by himself for any other Roseius — for it.
4. If that indeed were the sense of that clause which he would out-face us into the accepting of, what can be said against the binding of it to the preservation and defence of the kingly Authority still? (though the then King be deceased) it being before proved, that this clause obligeth to it in reference to the Kings pollerity, against whom there can be Objection of a fail in this supposed condition, it being unperformable without default whilest possession of the Authority is with-held; and the Authority being with-held before, either any refusal of the supposed condition, by him that should perform it, or any overture so him, for the obtaining of it be made.
I have thus done with the exceptions made against the obligatorinesse of the Covenant, in the matter in hand; I now passe to the Examination of what is pleaded against the force of the Oaths of Allegiance amongst the impugners of them; Ile begin with him whom I had last to deal with, Mr. J. G. who in the same book, pag: 58, 59, 60. thinks to discharge us from these bonds, with a Reason framed as followeth.
(In recitall whereof I shall rehearse as much of him as expresseth his Argumentation, omitting those two hetorogeneous instances [of keeping back a mad mans sword, and of a States dis-engagement from league with another State that hath first broken league with it] as impertinent both to his reason and our case.)
Peter Martyr (saith Mr. G.) well abserves concerning the promises of God [that they are to be understood according to the present state and condition of things when they are mad.] meaning that no performance of them is intended by God in ease men shall decline from that integrity under which, and in relation unto which such promises were made unto them: so neither are the promises of men, whether made with oath, or without to be so understood, or if the makers of them stood bound to perform the terms of them under any possible change or alteration what soever in the persons to whom they are made. Chrysostome writing upon those words, Matth. 19. 28. Shews, that Judas, though the promise of sitting upon a throne was made unto him as well as unto any other, yet by reason of that change which afterwards appeared in him, through his wickednesse, forfeited and lost his right of interest in that promise, nor doth any promise though confirmed with an oath, of allegiance, obedience, or subjection unto a King, and his Successors, or posterity, binde any longer or otherwise, either before God or men, then whilest, and or this King or his successors, shall continue in the some department of themselves in the discharge of their trust, and administration of their power, whereby they commended themselves to us at the time when we sware such allegiance to them, and in consideration and expectation whereof the same war sworn by us; therefore the King being so notoriously changed, &c. evident it is that God himself by the tenor and impartment of his promises, and Jesus Christ by the like tenor and import of his, fully and fairly acquits us from all engagements, and lyes which the Oath of Allegiance at the time of our taking it layed upon us.
2 Pet 1. 4. Psal. 138. 2.What? and must the exceeding great and precious promises of God, and his fidelity and truth therein, which he hath magnified above all his Name, be thus traduced? must the honour of God, which it so much concerned in taking, and violated in breaking an Oath, be yet much more impeached in the bringing in, and mis-reporting of his example to patronise mens falshood and perjury therein? And when an Oath cannot lawfully be dispensed with, or justly rendred non-obliging, must the forcible and ungodly bursting of it asunder be fathered on him, who in the Truth, the Amen, the faithfull and true witnesse?
But to endeavour a vindication briefly.
1. Mr. G. you have here done that learned and solid Divine P. Martyr a double wrong. 1. In curtailing his sentence, and breaking it off in the middle, suppressing those following words which would have cleared his sense to be none of yours. 2. In mis-translating the words which you cite, his words truly rendered and rehearsod out are these, Therefore those promises of God, (to wit, that of our Saviour, Matth. 19. 28; which he had in the Section last before brought in, with Chrysostomes interpretation upon it, quoted by you, and those of Gen. 9. 2. Jer. 18. 7, 8. with Chrysostome also upon them) are to be understood with reference to the present state of things, wherefore when we hear the promises of God, it behoves us thus to conceive, either they have some condition annexed, or they are layed down absolutely; Furthermore either they are of force onely for the present time, or they must be fulfilled in after timef. It is by this recitall evident, how you by leaving out the word [ille] have falsified P. Martyrs text, who is speaking onely of some particular promises, conditionally made, and (as he saith) respecting the present time which he distinguisheth from others; but you would have him understood of any promises, and draw an universall negative from his words.
2. You are not content to misconstrue this servant of God, but you dare to mis-represent, and mistate the minde of God himself; you say indefinitely of the promises of God, That no performance of them is intendedly God, &c. where as the Scripture is clear (and most unhappie were men if it were otherwise) that 1. there are absolute promises wherein performance is intended by God, notwithstanding men shall decline in these said integrity, and whereunto such promises have no relation as to their validity or fulfilling. Take for instance, Psal. 89. 33, 34. Hosea 14. 4. Ezek. 36. 25. &c. Heb. 8. 10. &c. 2. In conditionall promises, though there may be partiall and temporary declinings in men from their said integritie (as there was eminently in Peter, one of those parties to the promise, Matth. 19. 28.) yet God performeth the promise to true beleevers, through, and for Christs sake, In whom all the promises are yea and Amen, and that alwayes,2 Cor. 1. 20. if it be a promise of the life which is to comes and often, if it be a promise of the life that now is, namely, when it is good for them, according to those promises, Psal. 84. 11. Rom. 8. 28. 1 Cor. 3. 21. And if there be a performance by God, certainly there was an intention in him of that performance, notwithstanding such declining, For he worketh all things after the counsell of his own will. And for this you might have hearkened to P. Martyr your own Author, In the place whither he referreth you in the Section quoted by you, speaking thus. But because the conditions of legall promises could not be performed by men, God out of his own mercy hath substituted Evangelicall promises in their place, which though they have conditions annexed, yet they are held out gratis. And a little further he saith, The Evangelicall promise may stand good without those conditions. How this is, he presently after explains thus. Therefore impossible conditions are annexed, that men warned of their infirmity, and fully understanding it, they may betake themselves to Christ, of whom they being received into favour, and justification being obtained, they may obtain those very promises, for us to them they of Legall are made Evangelicallg.
3. You rest not in this mis-alledging of Gods promises, (though in it, you bewray audaciousnesse, and unsoundnesse enough) but you rise higher in presumption, making an odious comparison, or rather equalitie between God and man, in promises and covenants, whereas the case of the covenanting of these two is far enough different; for if it were granted, that God in some of his conditionall promises intendeth no performance nor obligation on his part, but upon condition of mans perseverance, must there needs be therefore an equivalency, or conformity throughout thereunto in mans Covenants with man? must they therefore be all of them so made or understood? or rather is there not of right a vast disparity? God is no mans debtor, he is not bound to man, there is no right in the creature from God, he can claim nothing from him, otherwise then by promise: God may do what he will with his own, and all is his own. But with man it is not so,Alia enim tatio est obligation is ubi debitum sundatur inpremissione, ubi veto promissio sundatur in debito longè alia. D. Sand. de jutament, prælect 6. Sect. 9. either towards God, or man, he stands in divers relations, and is tyed in many duties, even towards men, before he covenant or swear, unto which single tye, the bonds of Oaths and expresse and solemn Covenants are often in weightie matters added, for confirmation and greater security. And thus it is in the point in hand, there is Allegiance due without the interposition of an Oath, or any such engagement by particular persons; we are in a settled State, born Subjects, and both claim the immunity and protection, and owe the duty of such, without personall indenting, or oath-taking; and this obedience is owing to Princes, or Magistrates without condition of Religion, or Justice on their part performed; the Scripture is clear for an irrespective (and in regard of the Rulers demeanor) absolute subjection: Exid. 20. 12. 21. 25. Rom. 13. 1, 2, &c. Tit. 3. 1. 1 Pet. 2. 13. 1 Sam. 24. 6. 7. 26. 9, 10, 11. Jer. 27. 12. 29. 7. Matth. 22. 21. And the Doctrine of orthodox Divines generally is, that obedience is due to the most degenerate, tyrannicall, and oppressive Magistratesh. When therefore this necessary and unconditionated duty (as to the parties behaviour) becomes the subject of an oath, or personall engagement, it is not capable of capitulations or conditions to be performed by the persons sworn to, upon which the obligation of the oath shall be dependent; to admit such qualifications, would frustrate the end of a promissory oath, which is to give assurance and security (and that the strongest men can give) to the party unto whom the oath is made, of what, either was before, or is then made due by promise; instead whereof the inserting of conditions of this nature in this case would make what was before clearly owing now more dubious and uncertain to the expectation of the proprietor: and would be apt to beget in the debtor a perswasion, (upon non-performance of conditions) of a discharge as well from the matter, as from the obligation of the Oath.
4. Of Humane Covenants, or promissory oaths, whereof the subject or matter is arbitrary, and we are not otherwise bound to then by Covenant, or Oath, there are severall sorts,i some are absolute, having no expresse condition annexed, but are simply undertaken, saving that those generall and constant provisoes of every promise or oath which need now expressing, are to be understood therein, viz: that the thing when it comes to be performed be lawfull and possible, and notwithstanding the understanding of which the obligation is absolute. As for instance, such was that promise and oath of Joseph to his father Jacob, Gen. 47. 29, 30, 31, &c. and that of the children of Israel to each other, Judg. 21. 5. And that of Jonathan to David, 1 Sam. 20. 12, 13. Others again are conditionall, wherein something future, that is contingent, or depending upon mans will is particularly, and expresly comprised as a qualification of the matter to be performed, the failing of which is a discharge of the person engaging from the promise or oath. Such was that of the servant to Abraham, Gen. 24. 2. 3. 4. 8. 9. And that of the Spics to Rahab, Joshus 2 12. to 21. Now then for Mr. G. to say generally of all oaths and promises whatsoever, whether they be of things in their own nature necessary, or of things arbitrary; whether they be absolute, or conditionall; and to say specially of all promises and oaths of Allegiance, or subjection, and particularly of these oaths in question, that they are conditionall, and binde no longer, nor any otherwise then whilest, and as the partie covenanted with, or sworn to, behaves himself as he did at the time of covenanting, is both in it self, and by what is here said, as also by the ordinary practise of men in Indentures, and oaths apparently inconsistent, and absurd; and to infer such an universall loosening of men from Oaths and Covenants, of what nature soever, upon the parties miscarriage to whom the engagement is made, from the conditionallty of some divine promises, is (besides the impietie of it above denoted) an insupportable non sequitur, and by Mr Gs. &illegible; never to be maintained; yet this is all the Logick of this Argument.
Having thus (I hope) sufficiently taken away the Exceptions of this Author against the force of the Oath of Allegiance, I leave him thaining and travailing about that stone of Sisisbus, (to wit, the guilt of Royall blood) which he labours to 100l away in that his book, and proceed to another.
The &illegible; I meet with that strikes at the obligation of this Oath, is one that asserteth himself to be of those whom he that I had last to do with, professeth himself a Champion against, that is, the Presbyterian part, but in this (as far as my ken will reach) he is alone for them: I mean the Author of The lawfulnesse of obeying the present Government, who in his 11. and 12 pages pleadeth against is with the Reasons which follow, being here set down by parcels, with my Answer to them so distinguisht.
1. It were good (saith he first) to consider, whether there be any clause in any Oath or Covenant, which in a fair and common sense forbids obedience to the Commands of the present Government, and Authority, much lesse when no other can be bad, and so the Common-wealth must go to ruine.
1. The many clauses of severall Oaths, and of the Covenant and Protestation, which strictly forbid such obedience, I have urged [Chap. 2.] whither I refer him.
2. But by his last sentence recited [much lesse when no other, &c.] together with his marginall quotation [of a Popish Schoolman or Casuist telling us, When a thing sworn is too difficult, or he that swore is by the change of abilities or estate rendered lesse apt to perform: or lastly, when the thing sworn is an hindrance to the swearer from consulting the publick good, then there is a lawfull cause of dispensing in the Oath] he seems as if he would insinuate a cessation of the Oath in our case, unto which I say.
1. Take dispensation, in the usuall Popish accuption, and all; power of dispensing in Oaths and Vows, in whomsoever it be supposed to be, is denyed with one consent, (as far as I have observed, or ever heard) by Protestant professors: and it is a meer popish doctrine, and papall arrogation exploded from amongst us.k And this Oath hath it self precluded and cut off all use of this shift of a dispensation in these words. I do beleeve, and in conscience am resolved, that neither the Pope, nor any other person whatsoever, hath power to absolve me of this Oath, or any part thereof. And this I the rather note, upon occasion of this Authors quoting a Doctor of the Papacy for the dispensabilitie of an Oath, in regard that some of late (if I mistake not) have taken upon them to discharge people from this Oath, or (which is all one) from the Allegiance therein sworn to. Unto which act I shall onely speak thus much, either they assume power to do this as the party to whom the Oath is taken, or as a superior, by the analogie of that Law, Numb: 30. 3, 4. But, 1. they cannot do it as the party sworn to in that Oath, for they are not that partie in the Oath, the King, and his Heirs, and Successors are the onely persons to whom, and in whose behalf the Oath is taken, and consequently they onely that can release from it as parties; nay they are the party swearing, and therefore far from a capacity of discharging others from that Oath, as presently I shall shew. 2. Neither can they do it as a superior by the equity of that Law, Numb: 30. For, 1. their lawfull superiority in the case they now stand, is the matter under question. 2. The power of a superior to undo the Oath, or bond of the inferior, prevails onely in those matters wherein the party is under the power of the superior, and not in other matters, which are without the extent of the superiors authorityl. Now this Oath concerns a duty owing to another, which they that interpose to discharge from it have no right to dispose of. 3. But however the superior can onely by the Law cited, or any other right come in to make void the Oath of the inferior, which was taken without his knowledge and consent,Animad
vertendum tamen est penes hos non esse satultatem reseindendi quodll. her &illegible; subditorum; sedillud &illegible; cuius materia est &illegible; &illegible; subitsts Alsled. Theol. Cas. cap 15. and that also he may onely do in the day that he hears of it; but if he either allow the making of it, or declare not against it presently, when he comes to know of it, he hath no power thenceforth to recall it, as is clear by the Text. Now the Oath of Allegiance was so far from being disallowed, or declared against as soon as it was known, that it was inacted and injoyned by both Houses of Parliament, and moreover it was constantly to be taken by all the Members of the Lower House at their entrance into that House; so that besides their incompetency to discharge from the Oath who have assented to it; Let any man shew how they who are parties to the oath, and have themselves taken it can disanull it; the obliged parties disanulling is a strain above Papall dispensation.
2. But to speak to these causes of dispensing with an Oath according to the Casuists Divinity, which the Author applyeth to the case in hand. 1. When the thing sworn is too difficult, or the sweater it by the change of ability,Reg. 2. num. 16. or estate, rendred lesse apt to perform. If by this difficulty of the thing, and unaptnesse of the person sworn, he mean, the thing is become impossible, and the partie utterly unable to observe it. All reasonable men will grant so far as the impossibility lyes and so long as it continues the Oath binds not, but this is not to our Authors purpose, for to cease from an act, that is, from obedience to the present Government, can never be impossiblem. But if he intend by difficultie and unaptnesse, that the thing sworn to will bring hard tearms upon the swearer, or breed him temporall losse, and trouble, this is no cause to infringe thetye of an Oath, or give a discharge from it; He that hath sworn to his own hurt, must not therefore change from it: Psal. 15. 4.
2. When the thing sworn is an impediment to the swearer from consulting the publick good.Obligatio tollitur quoad id solum quod est factu impossibile quoad reliqum vero maner, & qui non potest omne quod debet, debts tamen omne quod potest. Idem Sect. 12.
1. If the thing sworn should become privative of, or opposite to, the publick good, or well-being of the Nation in Its own nature, & necessarily, it were unlawfull, and consequently the oath would be void, for to a sinfull thing there can be no obligation. But if it be onely of that nature which they call impeditive of a greater good, that is, if it stand in the way (not of the good of the Kingdom simply, and absolutely respected, but onely) of some higher degree of good supposed to be attainable; this consideration will not bear that weight, as to frustrate an oath. As for example, when a people that hath sworn obedience to a lawfull form of Government, which yet is not absolutely the best, as suppose to a Democracy, or Aristocracy, or that hath sworn obedience to a lawfull Prince, who yet is not simply the ablest that can be found for regall parts and qualifications, such may not take themselves discharged from their Oath, because there may be a better modell of Government, or a better qualified person to make a Prince sound out, and for that cause cast off their present Government and King, and set up another because comparatively better. It was doubtlesse better for the people of Israel, that the Gibeonites had been destroyed, as the rest of the Canaanites were (if there had been no oath to the contrary) then that they were spared (besides that the sparing of them was against an expresse positive Law:Est regula iuris, &illegible; impossibilis nulla est obligatio. Deut. 20. 16.) and so the congregation judged, and therefore grudged at the sparing of of them: yet in that case the Oath for sparing them stood inviolable. Josh. 9. 15. 18, 19. 2 Sam. 21. 1, 2, &c. It was in like sort for the Kingdoms greater good, that Zedekiah and his people should be free from Nebuchadnezzar subjection, yet that was not a dissolution of that Kings Covenant and Oath, Ezek. 17. 12, 13, &c. 2. It will at no hand be granted, that to withhold obedience from a usurped Power is in it self impeditive of the publick good at all, I know inconveniencies are by this Author urged to follow, if such a Power be not obeyed; as that, Else all Authority must fall to the ground, and so confusion, (which is worse then titular tyrannie) be admitted. But all Authority hangs not upon the back of Usurpation, this may come down shortly again, and that recover it self, and stand upright. Present quietnesse and security are like to be but in a sickly state, obey, or obey not; and for justice, as there is none where every man is left to himself, so there is usually little to be had from the hands of an unjustly gotten Power; Dominion being wont to be worn as it was come byn. An Issachar-like bowing down under the Common-wealths oppressions is not for publick good (neither were we told thus when the Parliament began to stand up, and awaken the people to shake off Expilation and oppression) the Orator will tell us, Servitude is the worst of Evils, and to be repelled at the charge not onely of war, but deatho. Nay Religion will dictate to us in the words of the wisest earthly King, That righteousnesse exalteth a Nation; and, The throne is establisht by righteousnesse. Under Usurpation then we can expect no settlement; and to submit to it, is to help to fasten that which is certain to fall, and to fall with the greater confraction, by how much it is more favoured. Commotion and tumultuousnesse is sure (in reason) to follow violent domination. Let Israels many and turbulent changes of their Kings (after their departure from the house of David) be a president for it, of whose kings for their speedie and fatall ends, it may be said, as it was of many of the Romane Cæsars, that they rather seemed to be kings in a Scene, or personated on the Stage then reall Authorities. The standing off from obedience is but like to speed the Commotions, and make them easier. To perswade men to couch down under Usurpation, when it is gotten up to rave troubles, is as if a man that is got into the briars should stick therein, because he may take himself in offering to get out; or he that hath a fostered sore, or grown disease in his body, should let it alone, and go on, because it will stir the humours, and cost him some pain to be cured.
2. The same Author proceeds, And whether it, (to wit, any clause in any Oath or Covenant) forbids obedience to the present Authority, more then to Laws that have been formerly enacted, by those which came into Authority meerly by Power. 1. You have not yet produced any former Princes that had any hand in the making of a Law, that came into the regall Authority meerly by power; for although some of them got possession by the Sword, yet (to omit the alledging of other title) they were confirmed, by the Kingdoms consent in Parliament, before they concurred in Enacting Laws for the Kingdom. 2. The Laws you reflect on were not meerly made by those Princes whom you pretend to have come in meerly by Power, but were constituted by Parliamentary Enacting; And for any former Parliaments coming into the Authority meerly by force, you neither do nor can alledge any thing.
3. He urgeth further. If it be seid, that in the Oath of Allegiance, allegiance is sworn to the King, his heirs and successors, if his heirs be not his successors, how doth that Oath binde? Either the word successors must be super fluous, or it must binde to successors as well as to heirs; and if it binde not to a successor that is not an heir, how can it binde to an heir that is not a successor? And if you will know the common and usuall sense (which should be the meaning of an Oath) of the word Successors, you need not so much ask of Lawyers and learned persons, as of men of ordinary knowledge, and demand of there who was the successor of William the Conquerour, and see whether they will not say W: Rufus, and why succeeded Rich: the 3d: and whether they will not say, Hen: the 7th: and yet neither of them was heir: so in ordinary acception the word Successor is taken for him that actually succeeds in Government, and not for him that is actually excluded.
This Author in these lines raiseth much duit, that it may serve him for a double end: 1. To obscure the genuine sense of this clause of the Oath, that it may not seem to make against him, as indeed it doth; and then to detort and wrest it, to the advantage of his Usurpers interest. 1. Howould cast a mist upon the words of the Oath, to over cloud its true sense, and this he attempts in the fore cited Discourse untill you come to this mark ∥: he endeavours i: by placing an ambiguity in the word [Successors], and setting it at odds with the word [Heirs] whereas this clause of the Oath is clear enough in it self, and far enough from the use he would make of it; and firm enough to the sense which he opposeth. Which that I may evince, I desire the Reader to observe these two things.
1. That the Oath intends by Heirs, and Successors, the same persons which may evidently appear, 1. By the manifest drift of the Oath, and intention of the Authority that prescribed it, which is the continuance and assurance of the Crown (upon concession of his then Majesties just title) to his Heirs in succession after him, and one another lineally, and the defence of them therein against all other corrivals or opposers; this I cannot see which way will be gainsayed; and being so, it will inforce us to grant the Oath, and Oath-giver, could not mean by successors any other then heirs. 2. In that the words [heirs and successors] are joyned by the copulative [and], whereas if they should have intended different parties, the discretive [or] should, in true syntaxis have been put betwixt them. 3. In that his heirs and successors are immediately in the Oath denoted by the same pronounce [them], and again by the same possessive [their] in those words, (and him and [them] will defend to the uttermost of my power, against all conspiracies and attempts whatsoever, which shall be made against his or [their] persons, [their] Crown or dignity) but if they be not the same persons, how come they to be thus particled together? especially how can they immediately after his Majestie be instituted to the same Allegiance, and defence therein in relation to the same Crown and dignity; admit them divers, and the Oath will import a contradiction: and will any man imagine, so irrationall a thing as that Authority hath so long imposed, and the Kingdome, especially the most intelligent persons in it, have universally taken an Oath so irreconcileable to it self. 4. The Law of the Land (unto which this Oath must needs be yeelded to be consonant) ordains his Heirs to be his Successors.
2. That the Oath understands by Successors, those onely that are so de jure, and not any others, that contrary to right may intrude into the royall Seat, and injuriously make themselves successors onely de facto. For, 1. In the Oath we swear Allegiance, and defence to Successors; now what man of conscience would ever impose, or take an Oath of this nature to any (but in his intention) a just party, for to such a one alone could he swear in righteousnesse according to Jer. 4.2. 2. The Oath appropriates the Crown and dignity to Successors, as theirs, in these words, [their Crown and dignity] now theirs, and their right are all one. 3. The Oaths of Allegiance, and Supremacy must needs accord, and this may be the best Explanatorie of that: now this, viz: the Oath of Supremacy prefixeth the word [lawfull] to Successors, and confineth our allegiance to his lawfull Successors in these words, The Kings highnesse, his Heirs, and lawfull Successors: which epithite will not permit the word Successors, either in that or in the Oath of Allegiance (unlesse you will unreasonably make them jarring) to be carried to any successor but him that is such of right. And this reason will also irrefragably confirm the former Proposition, viz: that the Oath intends by Heirs and Successors, the same persons, for who are his lawfull Successors? the Law will tell you, his Heirs.
By these two Propositions (sufficiently cleared I hope) we may understand how the Oath (in that clause) binds; and that, 1. There is no superfluitie in the word Successors; for an Identity in sense of divers words is no vain Tantalogie, many words signifying the same thing being ordinarily used (and especially in Oaths, and such like punctuall forms, and particularly in the Oaths of Allegiance, and Supremacy in divers other clauses) for explication, and significancies sake. And though heirs and successors in the clause in hand mean the same persons, yet it may be in a divers consideration, as thus: They are Heirs in his Majesties life time, and Successors at his death respectively. 2. That the Oath binds neither to his Heirs, nor Successors disjunctively, or the one taken from the other, but to both conjunctively, as one: and taking Successors aright, that is, for lawfull successors, we need not, cannot say that it binds either to a successor that is not an heir, or to an heir that is not a successor, viz: de jure, though perhaps he may be prevented, or delayed from actuall succession, or rather possession.
2. But this Author will have [Successors] to signifie such as are so de facts, and do actually succeed in Government; And by this means this passage of the Oath shall make for the Usurper if he be in possession. I have said (I think) that which is enough to fore-stall this alreadie, but let his Argument be heard, and receive a formall Answer; it is in effect thus.
The common and ordinary acception of the word Successor, means him that actually succeeds in Government; but the word Successor in this Oath, must be understood in the common and ordinary acceptiont Ergo, the word Successor in this Oath must mean him that actually succeeds in Government.
1. I answer to the major by denying it if taken universally; and if it be not, the Syllogisme is false: the major not being universall in the first figure. For although one common sense of the word Successor, is he that actually succeeds whether by right or wrong, yet that’s not the sole usuall acception of the word, and this I shall evince the same way that he goes about to prove his acceptation to be the common one; and in so doing, confute also his proof of his major which is thus. If you would know (saith he) the common sense of the word Successors, ask not so much Lawyers and learned persons, as men of ordinary knowledge, and demand of them who &illegible; William the Conquerours successor? they will say, W: Rufus. Who succeeded Rich: the 3d: they will say, H: the 7th: and yet neither of them was heir. R. Although I yeeld not his rule to be the best (for if Successor be a tearme used in the Law (as it is in this Oath prescribed by Law) Lawyers, and learned men in the Law, were there any obsenrity would be the fittest Interpreters of it; for it is a maxime, we must beleeve every one in his own facultie or Actp) yet I shall refer the matter to it so the question may be rightly propounded, and as the case in hand will allow. This Author propounds it fallaciously, and unapplicably to the present purpose, in that he demands de præterits, and so as the question onely interrogates of an actuall Successor [who was successor, or did succeed such a one?] and then the answer (whether made by men learned or unlearned) must needs bring in him that did succeed in fact. But let the question be put de future, and thus onely it is sutable to a promissory oath which respecteth the future time, and a thing to be done in it; and consequently to this Oath which is promissory, and runs de future. I shall bear faith and true Allegiance; and I will defend, &c. and was taken of a successor not that had succeeded, but that was to succeed, and it will be this, who is to be his Majesties successor? and then let even the man of ordinary knowledge answer it, and see whether he will not say, not every one that can catch it, but he that hath right to the Crown. And by this sitting of the question to the current of the Oath, and the resolution that the thing it self gives to it, as the proof of his Proposition is taken off, so the contradictory to it is necessarily inferred, to wit, that the sole, common and ordinary acception of the word Successor, is not him that actually succeeds in Government. But if the word Successor be capable of a divers acceptation, what obligation can there be to successors in the Oath? R: Although Successor in common usage may be taken two wayes, to wit, either for a successor in fact, or a successor in right, yet in the Oath it can be taken but in the latter sense. For, 1. It is a rule for the finding out of the sense of an Oath agreed on among Casuists, that in Oaths injoyned, or imposed by others, we must construe them in that sense which is known, or may most probably be judged to be the prescribersq; but his end in this Oath being the support of his Crown in a lineall succession from himself, according to his right settled by the Laws, his sense intended by Successors could onely be, they that are such de jure, and the same that are his heirs. 2. To take the word in the other sense, viz: for Successors de facto, how unjustly soever possessed is inconsistent. 1. With the nature of an Oath, which must be taken in righteousnesse: Jer. 4. 2. that is, to oblige onely to that which is just. 2. With the word Heir, which being placed first in the Oath, must first be served; and successor can be onely understood in congruity with it. 3. With the Oath of Supremacy, which bindeth us to the lawfull Successors. 4. With the Law of the Land, which appointeth succession to the Heir. 5. With a possibility of keeping the Oath, for if heirs and successors mean divers persons, how can the Oath of Allegiance, and defence of the Regall dignity be observed towards both?
Having vindicated this passage of the Oath of Allegiance from this Authors distortion, I cannot let him passe without without a brief animadversion or two more. 1. Whilest he contends about the sense of Successors, and would have it understood of actuall succeeders, that it may favour the Usurpers, he forgets what is the object of that succession, viz: a Crown, and regall dignity, wherein by vertue of that Oath those Successors are to be defended: wheras they whose power he pleads for, (and in whose behalf he undertook to answer this clause, as not forbidding obedience to them) have not onely put by the rightfull Successor, but abolished the Crown and Regall dignity it self; unto what then would he have his mecenates to be successors? or how will he reconcile obedience to them with defence of the Grown, and royall dignity? 2. It is to be admired, that a person of so fair a character (as is given him by the worthy Authors of the Religious Demurrer) should begin this Section of his with a generall deliberative, (It were good to consider, whether there be any clause in any Oath or Covenant, which forbids obedience to the Commands of the present Government,) and yet take no notice of any thing in this or the other Oaths and Covenants, save of this clause onely in this Oath, which it seems he thought he could not onely loosen from obliging against him, but draw over to be accident to him, which how well he hath performed, I leave the Reader to consider. And I further admire how (seeing he accounteth Oaths sacred bonds, and reverend obligements) he feared not to use such enforcement to the clear letter of so tender and sacred a thing; for though any body can say a tyrant fine titule, or a Usurper is a Successor de facto when he is in, yet that he is such a successor as the Oath intends, viz: one that we are sworn in allegiance to, and are bound by that Oath to defend to the uttermost of our power, &c. Having withall (probably at the same time) sworn in the Oath of Supremacy Allegiance to the lawfull Successors, and to our power to assist, and defend all jurisdictions, priviledges, &c. belonging to those Successors, is a grosser interpretation, then I hope he himself will own when he considers it, or any considering and conscientious men can receive. And I could wish he would consider, whether when he took the Oath he had this sense in his minde, or rather it be not newly excogitated, upon the coming into question of these late transactions; and how neerly this practise entrencheth upon perjuryr.
4. But having said what he thinks fit to the clause, he will have one glance at the urgers of it. Yet with all this quære may be added, while the son is in the same posture in which the father was, how comes this Oath at this time to stand up, and plead for disobedience in regard of the Son, that was asleep, and silent in regard of the Father?
1. They that plead this Oath for disobedience, or rather denying obedience to the present Power in regard of the Sons right, did the same in regard of the Father; when it was apparent, that not a meer defence of Religion and Liberties, and a recovery of the Kings personall presence to the Parliament was the end of the war, but the Fathers death, and the Sons dis-inheriting, with the deflowering of the Crown, and over-turning of the Throne it self. Witnesse (amongst other testimonies) what the London, Essex, Lancashire, and Banbury Ministers have declared publickly in their respective writings, they are alike sworn to, have according to their power and vocations, stood for the Authority of both, and not allowed the deposition of either, or the usurpation of their Power by others: they have prayed against, bewayled, stood astonied at, witnessed against the proceedings that have been against both of them: and to this day they lament that the clear Word of the Lord, held forth by their testimonies, hath not prevailed for the prevention or retractation of those direfull, and (the world throughout) scandalous courses.
2. The Son cannot yet be in the same posture his Father was in, whilest an overture or proposall for satisfaction hath not once been made to him, wherein he is in the view of the Kingdom more harshly and extreamly dealt with then even his Father was; and as his Fathers sufferings as to life were without president, so are his as to succession to the Crown.
Mr. Ashcom (whom I had in hand before, Chap. 2.) hath divers strange, and unapproveable passages reflecting upon the Oaths under debate; which I shall cull out as I meet with them in severall places. In his 2d. part, Chap. 8. Sect. 6. he layes down foure Cases, wherein he saith, Subjects are freed from their sworn Allegiance. His three first, (viz: 1. If a Prince abandon. 2. If he alienate. 3. If Nero-like through mad furis or folly, he seek in an hostile way the destruction of his whole Kingdom) will I presume be taken not to concern our case in hand; the fourth possibly may be judges applicable to it, which therefore I shall take notice of: and a brief animadversion will serve, he delivering it (as he doth other odde and unfound stoffe) with a pythagoricall magisteriousnesse, and without the assistance of reason to induce a perswasion to it in the Reader.
Fourthly, (saith he) if the Prince have part of the supreame right, and the people the other part, then notwithstanding an Oath of Allegiance to him, he may be opposed if he invade the other part of Supreame right. And a few lines after he affirms with Gestius, He may lose huright by the Law of War. And in the next Section he saith of all those foure Cases, and therefore of this, That they shew how we are absolved in our own consciences from all Oath and Contract, when one party forfeits his Conditions first.
The defensive opposing of a Prince, invading his Compeers part by the party invaded where the Supreame right is so shared, (supposing the Oath of Allegiance to be cautioned according to that sharing) I shall not dispute, it being beside the present question; but his losing his right by the Law of War; and the Subjects absolution from Oath upon that his supposed forfeiture of conditions, I shall a little call into question. 1. He tels us (if we will take it upon his word) if the Prince invade the others right, he may lose his right by the Law of War. What the Law of War means (if diverse, or varying from Gods, and other humane Laws) I understand not, nor is it materiall; in discerning into the permanency, or cessation of right, and of an oath concerning it, we are to have recourse to the Law of God, and Nature; and if by these the Princes title, and Subjects oath remain firm, notwithstanding his invading the peoples right, the Law of war like Alexanders Sword may violently cut in sunder, but it cannot unloose either the single tye of right, or the superadded of an oath. How should this forfeiture come? if any wayes, by way of satisfaction for the trespasse upon the others right. But theologicall Justice appoints not, that where one invadeth anothers right, the Invaders right should thereupon be cancelled; and that it may be lawfull for the invaded, upon that injury received, to invest himself therewith, and finally to alienate and disposse him of it. A liberty of defence it permitteth to the Invaded in relation to his own right, and a prosecution of the Invader unto his full satisfaction for the wrong inferred by him, and for that end (if there be no other mean but war left to effect it) the invaded (if he have power of war) may sease the Invaders right unto a just recovery or restitution of his own; but that being compassed, and proportionable satisfaction for the trespasse being given or gained, the Invaded party must sit down therewith, and not extend his line over all his late Invaders right. Every transgression towards man cals for satisfaction; and whoso doth wrong, is bound to make reparation; and his right is responsible, or obnoxious sofar: but it is more then summum jus to carry this compensation to a totall and perpetuall translation of the Injurers possession to the Injured: totall confiscation is too high a penalty to be set upon every encroachment. Look into the laws and rules of satisfaction in Scripture, as Exod. 22. 1, 2, &c. Levit. 6. 4, 5. 2 Sam. 12. 6. Luk. 19. 8. and it will appear the deepest amounts but to a fourefold restitution of the damage. Nay look into that order (which comes home to our Case) concerning the Princes of Israel, who having formerly used oppression, violence, spoil, and exaction towards the people of God, are not therefore adjudged to be deprived of their whole Inheritance (Office, and all) but are onely reduced to their own portion: Ezek. 45. 7, 8, 9. But because this Gentleman flies to the Law of War for this his extreame dealing with Princes, hear what a learned Judge, and profound Statesman delivers, in the case, in relation to that very rule. It is the Lord Verulam, who (insisting on the fullnesse of a war on the King of Englands part with Spaine, for the recovery of the Palatinate, although the Paulsgrave in whose behalf that war should be commenced,Considerations touching war with Spaine, written by the right honourable Frane’s Lord Verulam pag. 3, 4, 5, 6. should be accounted to have made an unjust war in Bahemia, by means whereof he came to lose the Palatinate) resolves thus: An offensive warre is made, which is unjust to the Aggressour, the prosecution, and race of the war carrieth the Defendant to assail, and invade the ancient and indubitate patrimonie of the first aggressor, which is now turned Defendant, shall he sit down, and not put himself in defence? or, if he be dispossest, shall be not make a war for the recovery? No man is so poore of judgement as will affirm it. This resolution he confirms with many instances worthy to be perused in the Author; and in the end with this Reason: Wars are vindict; revenges, reparations; but revenges are not infinite, but according to the measure of the first wrong or damage. And within a few lines after he saith of the case he is arguing: It is the more clear on our part, because the possession of Bohemia is settled with the Emperour. For, though it be true, that Non datur compensatio injuriarum, yet were there somewhat more colour to detain the Palatinate, as in the nature of a Recovery in value, or compensation, if Bohemia had been lost, or were still the stage of War. According to the rule of Justice then, yea even that of War, the peoples right being recovered, and satisfaction given or tendered for the securing of it for future, the late invasive Prince should injoy his right again, and the oath that was given for the securing of it stands in force, and obligeth to it. And this may be further cleared, in that the Solemne League and Covenant was prescribed, and taken when the King was judged to be in the actuall invasion of the peoples rights; when the people could not be reasonably required to swear the said Covenant in behalf of the Kings right, if such an invasion did forfeit it, and absolve the Subjects from their oaths to him; and if they did then swear, they cannot afterward plead an absolution from their Oaths by vertue of that invasion. And if the late Kings actions cou’d be a forfeiture of all rights, and dissolution of all Oaths as to himself (which I cannot yeeld) yet how can either of them be said to be disanulled in relation to his Heir, upon whom the right legally descends, and unto whose title the Oaths were sworn. If it be said, he was partaker in the same actions, the Religious Demurrer will tell you,1. part, pag. 8. that the right and title to the Crown upon his Fathers death, deth quit him from all stain by the Laws of the Land.
2ly, Whereas he would infer this absolution from all oaths, by the Princes forfeiture of his Conditions first. What Conditions doth he mean? 1. If he understand any conditions to be in the Subjects Oaths which are to be fulfilled by the Prince, upon which tearms the Subjects Oaths shall binde, he is besides the book; the Oaths of the people put no conditions upon the Prince, but are all absolute and irrespective, and run without ifs, or and’s; in like manner as the obligation of Subjects allegiance to their Soveraigne is irrespective according to Divine Institution, as I have before (in this Chap.) proved. If this Author fancy any such conditions in the peoples Oaths, let him shew where they lye, and what they are. 2. If he mean conditions in the Kings Oaths of Government, they are also unconditioned, or not dependant on tearms to be kept on the Subjects part: and, as the Subjects miscarriage is not a releasement of the King from his Oath of Government, so the Kings failing is no discharge of the Subject from his Oath: the validity, or obligation of either cannot be said to hang on the performance of the other; unlesse it could be proved that each part swore with respect to the others observation of his duty and oath, which neither the tenor of the Oaths, nor the subject matter of them will permit to be granted; nor hath this or any other Author that I have seen, said any thing to prove that.
3ly, If by conditions he mean the capitulations which the Kingdom may be supposed to have made with him at his Installment in the Throne, upon the keeping,At si duo homines mutuo se obligent promissis diversi generis, aut non codem tempore, aut alias citra mutuum respectum: violata ab uno fides non liberat alterum obligatione; sed uterque renetur id servare quod ipse juravit, etiamsi alter quid suarum crat partium non effecetit, exempli gratia. Rex aliquis simpliciter, & citra respectum ad sidelitatem &illegible; iurat le regnum administratum iustè & secundum leges: subditi alio tempore simpliciter & citra respectum ad Principis officium iurant se el debitam &illegible; & abedientium præstituros, utrique obligantur quod lui est officii sideliter facere, et si delecerit altera &illegible; suo o licio: ita ut neque Rex solums sit a suo iuramento, si &illegible; &illegible; obsequm a non &illegible; nec subditisuo, si Rex a &illegible; tramite &illegible; &illegible; D Sanderf de Iurament. oblig. prælect. 4. Sect. 8. or breaking whereof he should enjoy, or lose his dignity; there are no such capitulations made either with him personally, or with any of his predecessors to be alledged; they are inconsistent with the Supreame Power entrusted with him. The truth is, it is a weak error, though somewhat apt to possesse the minds of unconsidering men, that in those estates of life ordained of God for the help of man, wherein there is a mutuall relation, and answerable offices to be performed (as of Magistrate, and Subject; parent, and childe; husband, and wife, Master, and servant) where there is a departure from duty on the one side, there is a cessation of the debt of duty on the other. If this were so, it were a frivolous thing for men, subject to corruption, to contract any relations; and there would be no place left for the exercise of gentlenesse, patience, charity, betwixt relatives, nor for the inferiors passive obedience in case of innocencie; but this is directly contradicted by that of the Apostle Peter, 1 Pet 2. 18, 19, 20. and those rules of the Apostles, Rom. 12. 17. 1 Thes. 5. 15. 1 Pet. 3. 9. There are indeed some particular cases wherein the beneficiall duty of those relations is expireable, as is that of the married in case of adultery; that of parents when their children are rebellious &illegible; that of Magistrates towards a Subject capitally offensive. But such particulars are warranted by Scripture; otherwise, wherein God hath not given a discharge, man may not. Now let any case, wherein the Subject is disengaged by Divine Warrant upon the Magistrates mis-administration, be produced, and made out to extend to the paid in hand, and it will be yeelded; But this is yet to be done. But I go on to another passage of the Author.
In the same Chap: Sect: 7. he hath these words. Now I shall endeavour to shew how a man may take an Oath from an is just invading party, contrary to those Oaths which perhaps he took first from the just party, who possibly brake no conditions with him. This his undertaking he prosecuter in Sect: 10. while he saith thus. I conceive but two wayes of taking such opposite Oaths. To take an Oath in contradiction of a former Oath, is so high a matter, that the way to it had need to be very clear; and It can be no way allowable save one, that is, when the former Oath ceaseth to oblige; let us examine therefore whether his two wayes fall under this one. When it is in stopping wherein as man may justly presume that the right party for a time releases him of his former Oath or duty to him. 1. The tweaners presumption that the partle sworn to, doth releve him from his former Oath, unesse he hath actually released him, and declared so to him, is unto him no dis-obligation; there can be no just presumption of such a releasement, without such an antecedent act of the same party without it evidently appearing, it is but a groundlesse presumption, and highly impions: it is &illegible; to the taking of an opposite Oath, the content of the party &illegible; to being not passed, of made known to him, this &illegible; is but the swearers own act, and his own act cannot di charge him; what is it that must be the ground of this &illegible; &illegible; The obliged persons perswation of the equity in &illegible; of the thing? that’s but his own judgement, the party he is bound to may haply judge otherwise; however it is at the best but a probable, not a certain ground to conclude upon, that another doth a thing because it is just, and that the party thereupon consents to a release is but his own fiction, till he hath so exprest himself to him. This were an easie way of escaping out of any promissory oath to man, and would be ordinary if it would hold; for men would be apt to induce themselves to beleeve an expediencie and justnesse of an absolution from the party, when their oaths pinch them in the performance; but this presumption is but a superficiall device.
1. The party sworn (in the case in hand) standing upon his title, preventeth this presumption, and plainly declareth the contrary: 3. In the Solemne League and Covenant, the party sworn to (as before hath been manifested) is not the King, but the people of all ranks within the three Kingdoms entring into the same Covenant: and how can they be presumed to release one, whilest they hold themselves bound by it? 4. The Protestation of the 5. of May, 1641. is a Vow; now Divines resolve, that though an Oath may be cancelled by the party to whom it is made, yet a Vow no man can remit, because it is made to God as the party, and no man hath to do in altring the right wherein we are bound to him. The things therefore concerning the Government included in that Vow, cannot so much as be pretended to be unloosed by this way.Dico relaxationem istam in juramentis, fædetibus, pactl, altisque contractibus humanis locsi habere, non itern in votis. ratlo diserminis est, quis vota Dto siunt ut parti; ab homiue autem ea sola relixari fas estquæ homini lacta sunt D. San l. de jurament. oblig. prælect. 7. Sect 8.
2. His other way he thus layes down. A man cannot by Oath be obliged further to any power, then to do his utmost; and the Oath is to be understood conditionally, if the action, or passion may be for that Powers advantage. In an Army each man being obliged by Oath to lose his life for the Prince, rather then turn back, or avoid any danger; this Army having done its utmost, is beaten; and now the Souldiers can do no more for their Prince then dye; in those straights therefore it is not repugnant to their Oath to ask quarter, or a new life, and having taken it, they are bound in a new and just obligation of fidelity to those whom they were bound to kill few houres &illegible; They who live under the full Power of the unjust party, may be said to take quarter, and to be in the same condition with the former: and so have the liberty to oblige themselves to that which the Prince now cannot but expect from them, viz: to swear to those under whose Power they live, that they will not attempt any thing against them. All that this amounts to is, it is præter, non contra prlus juramentum; and as the condition which is the ground of this promissory Oath is such, that it is impossible for a man in it to advance his parties cause, so it is impossible for him to be bound to an impossibility. Here is much strength of confidence in asserting, but none of Reason to awarrant, and prove what is here intended to be concluded. That a Souldier, or Subject, being sworn to serve his Prince to the utmost of his power, may ask, and take quarter, and passively submit to a captivating Enemy, when he is fully under his power, I shall not call into question; his Oath binding him to do what he can, for his Soveraigne forbids him not to yeeld when he can do no longer; and for him to suffer death, or harder usage by contesting with his enemy, when he lyes at his mercy, as his Oath binds not to it, so it is for his Princes disadvantage, there being yet hope that his life may be reserved, and his liberty recovered, for his Princes further service according to his Oath, in regard whereof he is rather in that case bound to ask, and take quarter, then bound out from it, but what of all this? will it thence follow, That the Souldier, or Subject thus brought under an adverse party to his Prince, oueth fidelity, and may oblige himself by Oath to that party not to attempt against him? If his Allegiance and Oath were expired, there were some probable way for it; but here is little said, or can be said for that. Let us particularly examine, what this man alledgeth.
1. He hath done what he could, and the Oath bound him to no more. R: He hath done what he could hitherto, and so far hath kept his Oath; but if the Oath was (as the Oaths in the case under debate are) not limited to that particular designe, or battell, wherein the Prince hath the worse, and his sworn followers are fallen into the unjust parties hands, but to indure whilest life lasts, and the Prince hath any service for him, he hath not done what possibly he may yet do, nor hath he satisfied his Oath, so that it can demand no more of him.
2. He hath a new life given him of his conquering Enemy, and thence becomes bound to him. This is but a rhetoricall flourish, or complement, and hath no Logick in it, his life is the same it was, and therefore the man is still under the same obligation of his duty and oath which he was before under. If this Author can prove his life to be really another, I will grant an evacuation of all his former contracted obligations. And in truth although the custome of Warcals an Enemies sparing of the life of a worsted person Mercy, yet if that persons cause were good, though he hath found bad successe, he hath not forselted his life to his prevailing Enemy, neither is he beholding or in debt to him for it, no more then a true man oweth his life to those theeves that onely rob him; or a weak man is indebted for his life to a strong man, because he kils him not. 3ly. This is besides, and not against the former Oath. 1. If it be not against it, you are besides your undertaking, and prevaricate it, for you promised to show how a man might take an Oath contrary to his former Oaths. 2. But it is plainly against the former, for to swear to do the utmost that can be for, the Prince, and to swear not to attempt any thing against that Princes Enemy which hath dispossest him of his right can be no other then contraries. 4. It is impossible for him to be bound to an impossibility, and it is now impossible for him to advance his parties cause. That which is in it self,Sed rei impossibility ex accidente tancum aliquautum diversaest extio. Vt si quia &illegible; foir re centurn intra unensem, quod non est per se impossibile casit aliquo in opino int. rian impedtatur, ut non possit tantum pecumæ lummam te &illegible; æsi utn const &illegible; non obligetur in soro conseientiæ ad saciendum quod promisit, seif: ad solvondu n toru n debitum debito tempore quod iam redditum est et impossibale; oblignut men &illegible; um quod in se est, viz ad solvendum qo ntum potest, & quam cito potest &illegible; in que est quia cum in hoe &illegible; impossibilitas impediti obligationem: obligatio tollnor quoid idio um quod est factu impossibile, quoad reliquum vero maner, & qui non sorest &illegible; quod debet, debet tamen omne quod potest. D Sanders, de Iur. oblig. prælest 2. Sect 12. or in its own nature impossible, an oath cannot binde to; but that which is in it self probable, and therefore promised under an Oath, may by accident, or by the interposition of some casuall impediment become impossible, this is very ordinary, and this kinde of impossibility doth not dissolve an Oath, but only suspends it for the time, untill the present impediment be removed: so that though the Oath binde not to the hic and nune of the accident all impossibility, yet it stands in force till, and obligeth to the thing as it is in it self possible, and may (the obstacle being removed) be hereafter feasible. 2. Whilest it is impossible for him to advance his parties cause, it is a frivolons thing for him to swear that he will attempt nothing for his party against the Enemy, for so he onely swears not to attempt an Impossibility; and when this impossibility ceaseth, the former Oath to his Prince taketh place: so that this objected Impossibility can be no warrant for such a latter oath..
Our Author in his Chap: 9. Sect. 3. thus opposeth the obligation of the Oaths: God saith, By me Princes reigne the governing Powers which are, are of God. God hath declared that he will chastise, and change Princes, and Governors; and when we see the changes and chastisements, we may be sure they are by Gods order, yea, though the invading or succeeding Governors &illegible; like John, Nebuchadnezzar, or those who by cruelty sheev us nothing but Gods wrath. Wherefore it can be no lesse then sin in us, or treason against God, to sayes: we will never obey any, but this, or that Prince, or State, or any bat of such a Family: for this depends on Gods Providence and Justice, which sets bounds to the ducation of Governors, and Governments. 1. It is certain that all the Kings and Potentates of the Earth are set up and pulled down by God, and every change of Governors, even the advancement of those who are heavie scourges to the people, is in a sence by and from him; and it is as certain, that some Princes in some sence are not of God, as is clear enough, Hosea 8.4. We must therefore distinguish thus. 1. A thing is said to be of God, in that it was fore-seen, and pre-ordained of him before it came to passe; and salleth out by his providence and disposall. And thus every act or event is by him, whether it be right, or wrong, agreeable or repugnant to his revealed will or Commandment: 2 Chron. 25. 20. 2 Sam. 24. 1. So are all thefts, robberies, oppressions, murthers, violent dispossessions, and occupations. Thus even Antichrists power that is derived to him by the divell is yet given him of God, Rev. 13. 5. 7. 17. 17. And so was Pilates power to crucifie Christ: Joh. 19. 10, 11. 2. To be of God, importeth the thing to be injoyned, warranted or approved by his word, or revealed will; and thus Gomaliel useth the tearins, when he speaks hypothetically of the Apostles preaching and working miracles. If it be of God, in opposition to that which is of men, although in the former acception nothing is of men, but it is of God also. Act. 5. 38, 39. Now to discern what is of God, so as to impose upon us, we must not go to his secret will or providence, many things come about to us that way which we are not bound to embrace and acquiesce in, but may, yea ought to use remedy against, and strive to avert, or remove, such as are tentations to sin, diseases of the body, captivity, oppression, dishonour, defamation, and such like. These evils, albeit we are patiently and submissively to bear them for the pretent, as they come from Gods correcting hand, when they are come to passe; yet we are allowed and required to seek the preventing of them when threatned, and the removall of them when befallen; Unjustly advanced Magistrates are of this nature; A passive submission under whom as a divine castigation, whilest we can finde no redresse, is expedient; but an embracement of them (as those that are authorised and warranted by God) active obedience to them, and maintenance or support of them (which is the matter in question) cannot upon this ground be inferred as necessary. To do evill, because it is in the power of our hand by Providence, or to perswade others, or our selves to sit down under intolerable wrongly because they are come to passe that way, is an ungodly and so &illegible; construction of Divine Providence, and of a late invention in these every way &illegible; times.
2ly, This Author in urging obedience upon this account, not onely crosseth Scripture and reason, but &illegible; adicteth himself in what he saith elsewhere: for the making good of this, I shall onely present the Reader with his own words pa. 79. &illegible; many times stading some Nations grosly &illegible; and obnoxicus to his soverest &illegible; &illegible; &illegible; gives them up as a prey to another &illegible; thus were the seven Nations; and afterwards Israel it self &illegible; then in the hands of &illegible; which particular case is not a generall argument, or consequence (at some about it) for the moment of Government, or latitude of subsection in all Kingdoms. And pag. 89: he speaking of Antichrists dominain, saith, There is one kinde of &illegible; which by no possission or prescription can ever become lawfull; and a Christian can never submit himself to it, without wounding his conscience and faith. And yet let this man say if this power of Antichrist be not of God, and by his providence in the fertie wherein his Argument runs. 3. Whoever said, that men might swear they will never obey any but this or that Prince, State, or Family? or who ever knew it required, or done? All oaths, and particularly those of obedience, carry sill in them a caution of possibilitie; and when the matter becomes in it self impossible, the Oath ceaseth, and is void: We therefore swear to obey Princes, and States, whilest is pleaseth God to continue them to us; and this tye a present interruption of Government (though to an invaders full possession) cannot dissolve: the oath, and allegiance of Israel contracted with David, 1 Chron. 11.4. continued till his death, though Absolon rose up against him, drew all Israel after himself, and drave him out of the Land: 2 Sam. 19.9. But when a Prince or Family is irrecoverably lost to a Kingdom the Oath expireth.
The Reasons brought for obedience to the Usurpers, answered.
THe next, and last part of my work is to answer those Arguments that I have met with, which are brought for the obedience which I have disallowed in the 2d. and 3d. Chapters: the book entituled, The lawfulnesse of obeying the present Government, saith the most for such obedience of any that I know; it therefore I shall chiefly deal with.
1 Argument.First, his first and main Argument is taken from that of the Apostle, Rom. 13. 1, &c. from this text his Argument set in scame is this: If the Apostle commands submission and obedience, and that for conscience sake unto those in his time that came unlawfully into their power, and authority, then obedience to such may be now lawfull. But the Apostle commands submission, and obedience, and that for conscience sake unto those that in his time came unlawfully into their power and authority. Ergo. The major will not be stood upon. The minor is to be denyed; And for his full confutation therein, and vindication of the Apostle in this text, I shall, 1. by way of Elenthus make good the contradictory to this Proposition. 2. Answer what he brings for the maintenance of it.
1. Then I am to clear this contradictory to his minor, viz: That the Apostle in commanding obedience to the higher powers, can onely be understood of such as possesse their Authority lawfully, or have a just title, and regular calling thereunto. And this I shall undertake to do out of the Apostles own words, or by the characters he gives of the Powers he would have obeyed.
1. There is (saith the Apostle) no power but of God.
1. To be of God here must import not meerly a permisive counsell, or providence, but a divine approbation, authorization, and vocation; they are said to be of God thus, that come in by Gods way, or are called to their places as God hath appointed in his Word; and that, not the former onely, but this stricter sense of being of God must be here taken, appears thus. 1. Otherwise the Apostle had said no more for Magistrates in this Character then the Scripture saith of plagues, faminess and other judgementsa, yea of the sins of men, which in the first and larger sense are said to be of God, 2 Sam. 24. 1. 2 Chron. 25. 20. 2. A derivation of them from God in regard of providence meerly, could be no argument for obedience, non-resistance to them, and maintenance of them; for we are not to subject ourselves to, support, and refrain from resisting a thing meerly upon this ground, because it comes by providence; then a forrein Enemy that invades us, or a robber must be submitted unto, and may not be resisted; the plague or other sicknesses in the body, nay the outward temptations to sin might not be prevented or removed, for all these come by proidence But the Apostle alledgeth their being of God, here as an argument for subjection to, non-resistance, and maintenance of them.
2. By Powers in this place, this Author tels us, he means not meerly power, or authority abstracted from persons, but persons clothed with that Authority. Now that persons clothed with Authority may be said to be of God, there must be not onely Gods institution of the office, or magistracy in the abstract, for the meer ordaining of the office makes not this or that man a Magistrate more then another, but also his ordering of the persons to the office, but they that are thus ordered of God (viz: not providentially alone, but by way of vocation, approbation, and authorization, as it is above proved, the sense of the words [of God] must import) to the Magistrates place, must needs be granted to be lawfully possest of it, or to have to it a just title. This universall negative therefore of the Apostle, There is no power but of God, must not be taken in the simply universal sense, as if there were no other power in the world but such, but as a restrained universall, to wit, There is no lawfull power but of God:Hoses 1. 4. and so alone can I conceive it consistable with that of the Prophet, They have set up Kings, but newly me; they have made Princes, and I know it not. These two sayings of the holy Ghost must needs be true, and therefore must not be contradictories? which they are not, If you take them uttered in a divers respect, the former of a lawfull, the latter of an illegall magigracie.
Jude 4.2ly, The powers here are said to be ordained of God: and v. 2. to be the ordinance of God; that is, not by his decree, or handiework meerly, of ungodly men are said to be ordained to condemnation; and the being and posture of heaven and earth are said to be Gods ordinances,Ier. 33. 25. but by his word or written sanction, a person in this acception is to be tearmed Gods ordinance, that is, by divine &illegible; put into a place, or state: those Magistrates then onely can be said to be ordained of God; and his ordinance, that (for the substance at least) enter by the doore that he hath made, or the means and manner he hath prescribed. The sons of Aaran in their priesthood, and the Levites in their ministery were Gods ordinance, in as much as they were ordained according to Gods appointment. Whereas Korah, and his company,Levit. 8. though they officiated as Priests, yet they were not so, because they wanted that ordination. A man and a woman are by Gods ordinance husband and wife, who are espoused together according to divine rule, and not they who onely perform the acts of such one to another. In like manner, not whosoever can get into the feas, of Authority by any means are Gods ordained, but they who come in according to Gods prescript and regulation.Numb. 8. Absolem, and Adenijab, though they go; into the kingdom of Israel, were not Gods ordinance; but David, and Solemon, whose places they usurped were, these being put into the place by Gods direction.
Gen. 14.3ly, The Power here may not be &illegible; under pain of damnation: v. 2. But, 1. An &illegible; Power, or they that get men under their command by force without right, may be resisted, and subdued. Abraham and his consederates justly took up Arms, and by them resened Lot, and the Sodemites from Chederlaomer, and his participhants. The Judges and Tribes of Israel righteously warred against, and vanquished the Nations that successively obtained and exercised dominion over them, in the book of Judges: so did Samuel and Saul against the Philistines, that were for a time their masters:1 Sam. 2, 8, 9, &c. 1 Sam. So did David, whilest he was king in Hebron, with the house of Judah, against &illegible; Abner, and all Israel: so did David and his man against Absolom and the people that followed him so did Jehoiadah in the right of Joash, against Athalia. Lastly, thus did the Maccabees against Antiocbus and his race;3. 1. Which examples I but mention, having urged the most of them beforeb 2 Sam. 18. And indeed to imagine the Apostle here to tye men conscientiously, and under pain of damnation to obey,2 King. 11. and sit down without any reluctancy under, yea to maintain, assist, and sight, for them, who do by force, without any right at all, usurp Authority over them; though they were Turks, theives, Irish, Rebels, Papists, or whoever, the worst of men, and cruellest of Tyrants, and though the sufferers should come to have strength in their hands to relieve themselves, is an imposition (I think) beyond the thoughts of any sober minde, and that which none, but they of the Anabaptisticall spirit will advisedly own, and them also we may rather finde saying, then doing so; the proceedings of the Parliament, yea of all parties on both sides in the late warre disclaim this doctrine; yea the Army it self may be judge in this matter, who must either condemne this sense, or all their own warlike actions; this would make the Apostle not onely to put an insupportable passivenesse upon people, but to discourage just Magistracy, it opposed, and grown weak, whereas his manifest scope is to uphold it. 2, They that come in by meer force, with expulsion of the just Magistrate, have apparently committed this crime of resisting the Power that is the ordinance of God, and so have incurred the sentence of damnation, or condemnation (which may be understood of punishment by men) and its a strange conceit to think, that the Apostle doth here at once both condemne their act, and confirm their authority gotten by it, and that the same persons should by the same means be both the resisters that are αννε&illegible;γμεος, or set in an opposite order to that ordinance, and condemned for it, and the power and ordinance it self that is to be obeyed, and no resisted. 3. If they that come in by force against the just Magistrate are the resisters of the Power here to be submitted unto, then those that shall obey those resisters in the full latitude of obedience here injoyned (which comprehends assistance and maintenance of them) do become therein resisters of the said just Power also: so that obedience to the Usurpers is rather forbidden, then taught in this text.
4ly, The Power here to be obeyed, is the minister of God to thee, a revenger to execute wrath, &c. v: 4. 1. No man can be called a minister of God, but he that is called of God to that service, wherein he is his Minister, not onely the office must be authorized, but the person must be invested with it by God; there must be some act of God, either immediately or mediately put forth towards the person, or this relation to him of being his Minister cannot be founded; now whosoever is the subject of such a divine act or vocation, hath without controversie a just title to Magistracie. 2. He that is a Revenger to execute wrath under and for God, (that is not by providence onely, as thieves, robbers, and forrein invaders are, but by place and calling) not for destruction, but for good, he must receive a warrant from God for it: vengeance is Gods alone, by property, so that none can take it in hand but by deputation from him others whatever power they have to do it, are expresly prohibited to be a vengers, immediately before this text, Chap. 12. 17. Now he that receives a warrant from God for it, is lawfully impowered.
By every one of these Characters assisted by the Apostle, to the Magistracy spoken of in this text, it must needs be evinced, That the Apostle in commanding obedience to the higher Powers, can onely be understood of such as possesse their Authority lawfully, or have a just title thereunto: and this is the contradictory to his Minor, which I undertook to make good.
2. I come in the 2d. place to give Answer to what he urgeth for the proof of his Minor, which may be gathered up thus. The Romane Emperors, Claudius and Nero, came unlawfully into their Power, or Authority: but the Apostle commands submission and obedience to them; Ergo.
In this Syllogisme both his premises are peceant, and may be denyed. 1. For the minor the Apostle speaks in the generall of powers, without particular application to the Roman, or any otherc; the carrying of them to the Romane Emperors is this Authors own. If he shall say he may safely argue a thesi, ad hypothesin, or from the generall to the particular, his true, if he hold to such hypotheses, or particulars as are contained under the thesis or generall: but it is not granted to him, that the Apostle in this text speaks illimitedly, and without exception of all men that by any means may get power into their hands; but on the contrary it is stood upon, that he intends his precept onely of lawfully called Magistrates, (the which I have above proved) he cannot therefore include under the Apostles generall, them whom he supposeth to have unlawfully got into their power, this were Transire à genere in genus, or to argue A dicto secundum quid ad dictum simpliciter. Neither can he be allowed to argue after that manner here, seeing he hath begun his Argument ab hypothess, ad thesin, or from the particular to the generall, for this were to walk in a round, and to prove this by that, and that by this circularly. As for that which he hinteth on as if he would prove the minor by it, viz: this Epistle was written in the time of Claudius, or Nero, it hath no shadow of proof in it: for they were not the onely Powers then in being: there were others even among the Romanes as wel as they, himself nameth the Consuls, and Senate, as those to whom the power of right belonged, and they were then existent, and in some possession and use of the power: although the Emperours ruled with them, and in some things over-ruled them, as they were haply in other things ruled by themd; there being a kinde of mixture of power, and alternatenesse of prevalency betwixt them. Now that the Emperors were then in place (whereas others also were in power) is no more a proof that the Apostle commands obedience to the Emperours, then the being of false Apostles, and Ministers among the Churches, when the Apostle wrote to Christians to obey, and follow them that had the rule over them, proves that he commanded them obedience to those false Apostles and Ministers.
2ly, The major Proposition (That the Emperour, Claudius and Nero came unlawfully into their Authority) must also be denyed: taking [unlawfully] in the sense of the question, or case in hand, that is, in regard of title: for, although the tumultuousnes of the Souldiers, and the craft of the persons interested, were ingredients in the manner of their entrance, yet they were not the basis of their claim, or ground-work of their title: but they had, or came to have, before this precept of the Apostle could Intervene, sufficient challenge thereto, otherwise; we must therefore distinguish betwixt an error, or unlawfulnesse in the way, or manner of a Princes coming in, or obtaining possession of the throne, and an unlawfulnesse in regard of title, or of that which is of the substance or essence of his calling to that place. The former is that which can onely be objected against these two Emperours; the latter is the unlawfulnesse in the case, or question, viz: when the Rulers hold meerly by usurpation, or have no other colour of claim but force, or other intrusion: and to argue from the former to the latter, is plainly fallacious, being A dicto secundum quid ad dictum simpliciter. But let us hear what unlawfulnesse the Author urgeth against the Emperours, and see whether it be not shore of that which is under debate, multis parasangis.
The Gonsuls and Senate (he saith) anciently had the chief power of Government, these at the death of C: Caligula entred into a consultation how they might restore the Common-wealth to her ancient freedome, which by the Cæsars had been taken from them, Claudius in the intrim is proclaimed Emperour by the Souldiers, and takes it upon him: Nero his successor was also fiest saluted Emperour, by the Souldiers: Britannicus, who was Claudius Son being kept in by the cunning of Nero’s Mother.
Unto all this the Answer is easie. Notwithstanding all these disorderly proceedings, these two had a title (for substance) found and good enough to the rule they bare: take for this a short narration out of History.
The Romane State was often changed, and received many forms of Government successivelye, the beast in the Apocalyps wherein the great Waore fitteth, is by the current of &illegible; understood to be the City or State of Rome: and his seven heads are construed to be seven forms of Regiment that have been in it, viz: Kings, Consuls, Tribunes, Decemviri, Dictators, Emperours, and Popes.f If Antiquity must decide which of these Governments had the best title to be over the Romanes, it will give it to the Cæsars, for the kingly (from which that of Emperours essentially differs not) was the first in time among themg. If possession must determine it, the Emperours were at this present in the Throne, and had been for a considerable time, for foure of them had reigned in succession to one another before Claudim came in. It the consent and constitution of the people (which is the truest groundwork) must carrie it, the Emperours also were supported with this title, both originally, as to the form of Policy, at the first setting up of kings, in the infancy of this State, and personally at their respective comings in. By what means this consent was gained from the people, it is not necessary to insist, it were easie to prove, that if there were any unworthy carriage in it, it was as much at least on the submitters as on the Cæsars part.* Julius Cæsar (the first of them) had a concurrent agreement of the State which was (for substance) valid enough;h so had Augustus after himi: the same had Tiberius his next successor.k Caligula the next to him had the cheerfullest, and most affectionate assent that ever Prince hadl. By this time the Government of the Cæsars had by these reiterated acts of consent, establishment from the people sufficient to give it a just title, and free it from usurpation; The next that followed was Claudius, who was left by Tiberius joynt Heir with Caligulam, but was put by for the time by the excessive love which the people bate unto Caligulan; after whose death, the Consuls, Senate, and City Regiments talked indeed of standing up for a publick liberty. But Claudius being saluted Emperour by some of the watch, and the cry of the City Souldiers being at length that one should have the rule; the Consuls, and Senate, perceiving the Souldiers bent that way, and thereupon fearing a combustion, and suspecting their own inability to make good their designe, they being divided also among themselves, and other competitors for the Empire beginning to start up, and Agrippa the king of the Jews, strongly counselling and perswading them to it, they withered, and shrunk in with their undertaking, and at last accepted of Claudiuso: as for Nero who came in next, Britannieus indeed was neerer to the Empire in succession then he, but Agrippina, mother to Nero had prevailed with her husband Claudius to adopt Nero, and prefer him before his own Son Britannieus; which he did with the Senates consent p: Nero accordingly succeeded him, and had the consent of the State at his inauguration, without any reluctancyq.
It appears by all this, that the Cæsars, and particularly Claudius, and Nero, (insisted on by this Author) had other foundation for their Empire besides the Souldiers promoting, and sufficient to give them a lawfull calling, and title to their rule, and to excuse them from Usurpation, such as hath been afore described. And that Claudius came in (though crosse to some unripened motions, and consultations of theirs, yet) not against any Act or Decree of the Senate; but with their concurrent or subsequent approbation.
If it be objected in behalf of the Usurpers in our case, that they also have a consent of the people, by the act of the presupposed House of Commons. I answer, besides what hath been said in the close of the first Chapter, of the peoples noncommittance of any power to their Representees, to alter any thing in the constitution of the Supreame Power, or to erect a new one; all that they have to do, being to manage that proportion which is committed to them: there are moreover two main things that Impeach that Acts validity. 1. That the Lords who are an eminent integrall part of the Kingdom, as also the far greater part of the elected Commons, are, not only absent (so that a very small part of the Kingdom, even locally considered is represented by them that sit) but not permitted to come in, and professedly shut out (and consequently the parts of the Kingdom which they represent are excluded) at the passing of this consent. 2. That the object and actors in this consent, the promoted and promoters are the same persons; on whom is the new Supreme Power conferred, but on themselves that confer it? You cannot finde two parties in this act, an agent, and a patient; so that it is so far from being a legitimate contract, or transaction, that it is no politicall act at all. What reckoning shall we make of that consent which men bestow on themselves, in relation to an interest of power over others? if such a grant could create a right, few men that could get strength would lack preserment.
Having thus answered this Authors main Argument, I shall in the cost be briefer. 2. He alledgeth, In this Nation many persons have been settled in supreame Authority by meer force, without title of Inheritance, not any three immediately suceeding each other have come to the Crown by true line all succession. Five Kings on a row (the Conquerous being the first) bad no title at all by proximity of blood, Hen: the 7th by meer power came in, was made King, in, and by an Army, upon this foundation of military power he got himself crowned at Westminster, and called a Parliament, wherein the Crown was entailed upon him, and his Heirs. Those that came in thus, the main body of this Nation did obey, yes doth yeeld subjection unto their Laws to this day. Not to stand to examine what he asserts in these premises: 1. The mistake of this Argument is, that because the Kings by him mentioned came not in by true succession, or proximity of blood, they therefore must needs be granted to have come in by force alone, or otherwise unlawfully; whereas though, some of them entred by the Sword, others by anticipation, yet they all, whose persons were, and Laws now are obeyed, had the concurrent, or subsequent consent of the Lords and Commons in Parliament, and that without their Houses being dismembred, and a force set at their doores. 2. The Laws made by those Princes were not made by them alone, but by them with the Parliament; and by them, not as so entring, but as received by Parliament, and so legally invested. 3. The three last Princes of this Realm did come in by an indubitate lineall succession, and proximity of blood, and the Son of the last is in being, and claiming by that title. It is observable then that this title should be denied, and cut off, when it was at the clearest state. 4. No doubt there have been unjustify able proceedings about the Crown by some of the former possessors of it: which have been followed with remarkable punishments, and publick calamities sufficiently pointing out their injustice, and fore-warning others from making them their examples to practise by. What hath been, is no warrant to conscience that the same may be done.
3ly, He cites some Divines, and Casuists as concurrent with him in his opinion. Their words are too many for me to recite, and the nature of this kinde of Argument exacteth no long Answer. In a word therefore. 1. Axorius his words allow obedience to Tyrants in regard of title, with restriction, and in some cases, (such as are granted by me, Chap. 3d.) But your part is to prove obedience to them, in its full latitude as you have propounded your thesis, without limitation, and concluded (though not validly) by your first Argument.
2. Alfred distinguisheth of Tyrannus, titulo, & exercitio, a Tyrant in regard of title, and in regard of use: and his words immediately before these alledged by you are spoken of the latter, and so may therefore these be understood; but the former onely is the subject of our question. Besides within a few lines before he hath this passage: A Tyrant without title, who is an invader, every private man may, and ought to destroy, for he is not a Prince but a private personr. Which wil not stand with the words quoted by you, if understood of a Tyrant in regard of title.
3. Pareus in your place speaks nothing pro, or con, of obedience to Usurpers, but is explicating how the Apostle is to be taken in those words, The powers that be, are of God, ordained of God: and he distinguishes thus in the words brought in by you. The power which is of God is one thing, the getting, and use of the power is another, which is indifferent, sometimes lawfull, sometimes unlawfull, ut in dubiiss. Whither if you had followed him, you should have found him answering the doubt about Nimrods power thus We must discern betwixt the power which is ever of God, and betwixt the getting and usage of the power, which as to men is often most unjust not of God, but of mens Iusis, and Satons malicet By which words it is evident, you have but half quoted him, as well as impertinently; and if his Authority may sway with you, unjustly gotten power is not of God, in regard of the person, or man, owning it, and consequently not to be obeyed by vertue of Rom. 13.
4. For the rest I have not their books to peruse, but their sayings set down by you reach not the case at all. This therefore I offer you produce any one, or more Authors, of any account amongst Protestants, that allow obedience to an unlawfull Power, [in the full latitude of obedience to a Magistrate, where there is &illegible;-ingagement of conscience pleaded by Law, ancient inheritance, and oaths sworn to another Power in being, claiming, and endeavouring to recover his right] and I will (by Gods assistance) return you a particular Answer.
4ly, His next Reason is, Either that authority which is thus taken by power must be obeyed, or else all Authority and Government must fall to the ground, and so confusion be admitted.
First, why must this needs follow? 1. May not Usurpation fall to the ground, how strongly soever it be set up, and lawfull Government be raised up again? The experience of former times hath observed, That no ill gotten power can be long livedu. Although (faith Cicero) Laws should be plunged over head, and Liberties over-owed by the power of a party, they will sometimes recover again. There is no strength of any power so great, that it can contiune by keeping men in aw, &c.
2ly, If Usurpation have a party to joyn with it, that party will suffice to administer such justice as that Authority will afford; if it have no party, it fals to the ground (for it subsists onely perforce) and a clear way is open for the right Government to take place: which will be so much the more readily entertained, by how much it hath been interrupted*.
2ly, However things succeed, evill of sin must not be done, that good of profit may be attained. It must first be proved lawfull to obey, before this Reason can be heard, which will onely plead its expediencle, if it be honest. Though commodum may be consulted, especially publicum, yet we must first be satished of the justum of it. It was not long ago pleaded, Fiat justitia, ruat cœlum. And we were not told thus, when the late wars for Laws and Liberty were first begun: If this be a cogent reason now, it was to have been so then; and we might better have prevented the miseries of a war by &illegible; to it, then by refusing it, have, by so dear a means, purchased to ourselves an harder condition, and now be bound to bide under it for that very reason.
3ly, If Government fall, and Confusion come, let them bear the gullt that have wrought these effects: we that detract from obedience shall onely bear the misery of it, which will be lighter to us, it may be hoped, then their greatnesse with the gullt it is gotten, and kept by, will be to them.
Fifthly, he addes, Otherwise the King being for the Commonwealth, and not the Common-wealth for the King, the end should be destroyed for the means, the whole for a part. First, the King as a man, yea as a royall person, or most noble part of the Common-wealth, is not the prime matter to be layed on the ballance; but if the King may be lookt at as ours, and so as we are in piety, and justice bound to him, to seek his preservation, and yeeld him our obedience; thus considering him, equity and a good conscience are the things stood for as the end; which although they may undergo the notion of means in reference to the Common-wealths good, yet they are desirable, and to be sought absolutely, and for themselves; and the subordinate means of the Common-wealths politicall good, must be subordinated or submitted to them, and that end is onely so far, and by such means to be pursued, as will consist with these. 2ly, The Parliament, and the Army also, &illegible; no more then a means, or a part in relation to the collective Common-wealth. Must not the rights of these therefore be stood for, with the hazard of the whole? If this rule might have guided matrin relation to their claims, such courses and avents as have been, had been prevented. 3ly, Though certain destruction of the end, or whole, must not be run upon for the means, or part, yet those may be hazarded for the saving of these from certain destruction. As we see it ordinarily, men do adventure their lives and liberties for the preservation, or recovery of their estates by war; and their whole bodies for the regaining of their healths, or one wounded, or festered member, by Physick or Chyrurgery. 4ly, We are not active in the destroying of the end, or whole (if they be destroyed) and we were better both to suffer their destruction, and suffer in it, then sinfully to concur in destroying the means, or a part, or in substituting an unlawfull means, or part for the legitimate, that we might preserve them.
Sixthly, If a masters &illegible; had thrown the master over-board, and by power would suffer no other to guide the ship but himself, if the marriners will not obey &illegible; commanding aright for the guiding of the ship, the ship and themselves most needs perish. 1. I conceive the marriners may in this case obey the Masters Mate for self-preservation, till they come to shore; in like manner that we may obey an Usurpers power, that is, act according to his command in a thing which is not onely law full, but simply necessarie both to be done, and to be done by us, as in the case of self-preservation, by repelling a for rain Enemy, or common danger of certain and important consequence; but shall it be inferred from hence, that the marriners are bound to obey the Mate, or we an Usurper, in all other things of his own concernment, or separable from self-preservation, and every other necessary duty. I am bound to submit my self to the wholesome, and necessary direction of my Pastor, and Physician in their respective ordering, touching my soul and body: must I say therefore I must resigne up my self in obedience to them in all other matters? 2ly, The case is not parallel. For, 1. The mariners (without respect to their exigence) in that posture are bound to obey none, the Master being dead, and so are conscience free. But the people (in the case) have a Magistrate surviving, and challenging power over them, to whom they have sworn Allegiance. 2ly, The Mariners are supposed without obedience to the Mate, to be sure of destruction: but by what hath been above said, it cannot be pleaded that the Nation, or the scruplers at obedience without obeying are sure to perish.
Seventhly, you quote a saying out of Cajetanx, but it suits not with the obedience you stand for; he in all that Discourse speaks nothing at all for any obedience to Tyrants in respect of title, his subject being the point of going to such Tyrants for Law and Justicey, (of which I have spoken Chap. 3.) and his whole speech being confined to it.
Eightly, lastly, (for I will not follow you in repeating again what you had said before, and I have answered above) What can the common people do in this case? they cannot judge of titles; but they see who doth visibly, and actually exercise Authority. 1. Brult beasts do indeed onely see him that actually leads, or drives them; and therefore they follow without making difference betwixt the owner and a thief: but are men, though but common people so stupid? The people yoo speak of are not altogether so bruitish, they themselves disprove you, if you observe (as it is easie to discern) whom they generally abhor from, and whom they look towards: and whoso shall compare their visible bent with your present book, they whom you make but like Balssms dumb Asse, yet in this case do speak with mans voice, and forbid the madnesse, &c. 2ly, If they be so incapable of discerning of titles, wherefore hath not onely the late King, but the Parliament published so many Declarations, and Appeals to the people, wherein they plead for the Justnesse of their title, to what they stood and fought for? yea why hath the Parliament drawn the people into the Protestation, the 2d. Vow, and Oath, and the Solemne League and Covenant, all which concern the severall claims and rights of King and Parliament? either they are thereby supposed to be somewhat competent to judge of those titles; or it was both vainly, and irreligiously done to lead them into such sacred bonds, which we may neither take, nor cause others to take, but in judgement. Jer. 4. 2.
3ly, Although they, yea the primest Statesmen, may finde it difficult enough to judge of titles in some nice, and intricate cases that may happen, yet the present case is not so deep or doubtfull, the right of title in this question is written with clear and capitall letters, in Laws, Oaths, and actions open before all. Yea this Author in the title and current of his book, (as doth Mr. Asheans in his) plainly enough grants where the right of title is.
This Author in the latter end of a second Edition of his book, viz: beginning at pag. 15. addeth some things upon the question of active obedience, and acting under this present power, and government. Although this Edition come in late, and in some passages is but an amplification in tearms, not in matter, of what he had said before; yet I shall take a brief notice (whether sufficient let the Reader judge) of the things in it, that may seem materiall.
First, he premiseth, That the present Power is in possession of the whole Land, and no visible force to oppose, and so it is not like that between David and Absolom, when David had an Army in view. Consult the text, and you shall finde the case exactly parallel. 1. The present Power is in possession of the whole Land; you say, you mean of this side the Sea, not of Ireland also; sutable hereunto Absolom was possest of all the Land unto Jordan, yea, and he went over Jordan, and pitched in Gilead, and all the people throughout all the Tribes of Israel had anointed him King over them: on the other hand David and his men fled out of Jerusalem, and out of the Land, beyond Jordan, and stayed not till be came to &illegible; by the ford Jabeck. 2 Sam. 15. 14, &c. 17. 22. 24, 25. 26. 19. 9, 10.
2ly, You adde, And no visible Force to oppose, whereas David had an Army in view. David had no Army in view within that land before spoken of: all that he had was at Mahanaim. And though there be no visible Force to oppose in England, yet there is said to be a considerable Force in Ireland, and it may appear by the Preparations sent thither. Besides there is one thing indeed wherein Davids condition, and his whom the present Power excludeth, differ, but not to the advantage of this Authors Reason, which is, that David had no other Kingdom to own, and declare for him, which yet he hath.
Secondly, You come with Arguments. 1. Obedience to such a Power in good things is lawfull. But acting for Justice and order in a good thing: Ergo: I have before distinguisht betwixt morall acts which are for private men to do, though there were no Authority; and politicall acts, which flow from magistracy. The latter sort of acts may not be done in obedience to an usurped Power, for the Reasons given before. The execution of justice is a good act in it self, but it is not good to be done by every man, nor upon every mans command; but is onely good in him that is lawfully authorized to it.
2ly, You say, what reason is it, that those that will not act because they hold it unlawfull, should expect that others should do an unlawfull act to benefit them? To this set Cajetan (an Author cited by you, and that in the place you cited from him) answer you; They are excused from the sin of inducing the Tyrant to an act unlawfull for him, that ask Justice of him, because they do not petition him for the unlawfull act, but for the justice of that unlawfull act: is in honestly done to perswade him to use his power lesse sinfully. This Petitions is its effect thus &illegible; Seeing &illegible; wilt hold and exercise this power, use it justly, use it honestly, use it religiously; use it to the benefit of the publick, and of private men, as it would became the Power. It is plain such Petitioners intend not to ask the Tyrant to usurp the act of Judicature, because they had &illegible; he would give it over: but seeing he doth usurp domizion, and judgement, they intend he should use justly and honestly his usurped Power and Judgement: and that which they intend, that they petition for: so that they neither intend nor petition for an usurped act, but an holy quality in the exercising of that usurped act*.
Again, Why should others give right to them, that will not give right to others? A fallacious, and frivolous interrogation in the true meaning of it. In commutative justice (wherein the rule of doing as we would be done unto) onely holds, with reference to persons that are to do it) they who refuse magistraticall acts, are ready to render every mans right to him. But this question would have a private man (such as they are) to have no distributive justice, or right by the Magistrate done him, even when the Magistrate is lawfull, because he cannot, and therfore will not vicissim administer distributive justice to the Magistrate. Every common Judgement knows that a private subject is to receive judiciall right, but not to give it.
3ly, It is cleared before in this Discourse, that those who have gotten to be Powers (though by force) ought to give justice to those whose government they have undertaken, but (supposing them to be but one, or a few) this they cannot do without subordinate agents; to disallow acting under them then, it to say in effect they shall not give justice. 1. Suppose them but one or a few, and they cannot get or keep the place by force. Suppose them many, & they have no need (in that respect) of others to be their under agents. 2ly, If this that you say be cleared, or so much as said before, I have forgotten it, though I have read all that is before, and rest confident there is no such thing. When you shew where this is said and cleared, I shall them find by what reasons it is maintained, and so give you an Answer thereunto. In the meantime, that which is here but barely affirmed, it is sufficient for me to deny. It you could clear this, the whole question were decided. If he ought to give justice, he hath a speciall warrant, and calling to it, and how Force can give such a calling you have not yet &illegible; to clear, the contrary I have brought many reasons for (Chapter 2.) and am therefore before hand with you in this point. It will be confest, that if a man will take upon him to administer judgement he were better, or it is a lesse evill in him, to do right, then wrong therein: but of two evils of sin, neither is to be admitted.
4ly, This Doctrine of not acting is the very doctrine of Levelling. For when no man may act, every man may take freely from is neighbour, &c. 2. Levelling may be the consequent or non acting, but it cannot be the consequent of it; it is the consequence of &illegible; doings, who take away the settled Magistracy. 2. Levelling in point of goods, you like not it seems: but why do you not as well abhor from it in point of Government? that’s but levelling the private, this is levelling the publick interest; that Levelling can never come in, till this Levelling go before, and lead the way, but who are Levellers this latter, and (as you see) worse way, but they that teach, or practise the deserting of the lawfull, establisht Magistrate, and the competency, yea duty, of any that have force to play the Magistrate. Hence ariseth that which they cal an interpretative consent of the people: because it is supposed every rationall man doth consent that there should be order, property, and right, given under a tyrant, rather then all to be under confusion, &c. 1. Every rationall man consents indeed that there should be order, property and right; and his being under a tyrant (by experience of the want) confirms his consent to the necessity thereof: but that such things should be maintained magistratically by a tyrant (in regard of title) you see (if all that are your Antagonists in this question be not stark Irrationals) some rationall men deny. And in this they appear rationall, in that they would hear some reason for it, before they consent to it. Which rather then you will &illegible; yourself to give (for truly it is hard to do) you choose to suppose them that will not consent without it, to be out of the number of rationall men. 2ly, This shift of an interpretative consent of the people, that the Usurper shall administer judgement, will not serve you. For, 1. It will be difficult to finde out, and agree, when such an interpretative consent is given by the people. 2ly, What thing is it? as near as I can conjecture it is possibly. 1. Either that these men shall be the Power, or Magistrate; and then, 1. Either the people had power to give this consent, and this makes these men no Usurpers, but lawfull Magistrates, & so puts them out of the compasse of this question. 2. Or they had no power, being pre-ingaged, and then this consent is void, and null, because it prejudicates anothers right. 2. Or it is, that these men, though they have no consent of theirs to be Magistrates, but come in, and hold against their wils, and by their own meer force, and against anothers right, yet they shall for present execute judgement, because it cannot be had otherwayes. This consent (suppose it really past by the people) cannot bottome their acting, or others under them. For it is in the essence of it an unlawfull act, and therefore of no force. It is of the same validity as was that of the people which joyned with Korah, and his company, who gave consent, that though Korah, and the rest were no Priests, yet they should offer incense; or as that would be, if the people of a Congregation now, that can procure no lawfull Minister, should take a private man, and say, this man is no Minister, yet he shall, in this defect of one, preach, and administer the Sacraments to us. Such consents are contradictions to the establisht ordinance of God, appointing that no stranger to those functions shal execute those acts. In like sort it is in this point of Magistracy.
5ly, How could Ezra, and Nehemiah justifie their acting under the Persian Monarch, who had no right to the Crown of Judah, either by blood or just conquest. 1. That the Persian Monarch had not that right, you say, but prove it not, but if just conquest give a title, Cyrus the first Persian King justly warred against Balshasar the last Chalcedon Monarch as Historiansa say, and therefore justly conquered him, and his Empire; under which the Jews were then subjected, and that by speciall warrant from God. Jer. 27. 12. to 16. 29. 1. to 8. 21. 8, 9. 38. 17. to 21. 2ly, But Cyrus had both an indubitable title to that Empire, and an unquestionable Commission for what he did in reference to the Jews releasement from captivity, and restauration of their Temple, Keligion, and Civill State; and that from God himself, by immediate designation. Hear what he himself saith in his Proclamation, unto which he was stirred up in spirit by the Lord. Thus saith Cyrus King of Persia, all the kingdoms of the earth, hath the Lord God of heaven given me, and he hath charged me to build him an house in Jerusalem which is in Judah. 2 Chron. 36. 22, 23. Ezra 1. 1, 2. And compare this with what the Lord saith not onely of, but to this Cyrus. Isa. 44. 28. 45. 1, 2, 3, 4, 5, 13. and a clear calling or title to the Empire of the world, and to the acting of what he did in reference to Judea, will appear to be in him. It is conceived that Cyrus had certain knowledge of this Commission, recorded and given to him by name, in that Prophesie of Isaiah, and that by means of Daniel the Prophetb; and that which is therein written he understood to be his charge given of God, which he mentioneth in the aforesaid Proclamationc. Adde to this that Mr. Divdati interpreteth that speech of God to Cyrus, viz: I girded thee. Isa. 45. 5. of the Lords making him King, and giving him power and authority: v. 1. And that of ver. 13. I have raised him up in righteousnesse, he understands thus. That is, by a firm decree of my justice, and by a just calling. Now if Cyrus the first of the Persians had a valid title, what can controul his Successors right in Judea?
2ly, If there had been no right in the Persian King over Judea, yet the acting of Ezra and Nebemiah, could be no president or warrant for a now acting under a usurped Power in the case we have in hand. 1. Consider the speciall qualification, and call of these two persons.Ezra 7. 1. 2. 1. For Ezra, he was a Scribe, and a Priest, and some think one of the highest, to wit, that he was that Josedech, who was the father of &illegible; the high Priest (this is Jerems opiniond; and so might be authorized by vertue of that office, to transact all that he is said to have done in his book. 2. He is said by some of the Ancients to be a Prophet, Neither can he be denyed so to be, (saith a late learned and solid Divinee) in that he was a Pen-man of Scripture. 3ly, And besides these functions, he seems to have had a speciall call of God in his undertaking what he did: it is said, The hand of the Lord his God was upon him, when he first enterprized his work: Ezra 7. 6. which phrase is often reiterated upon the severall passages of his imployment. Chap. 7. 9. 28. &c.
2ly, Nebemiah was the Governor. Neb. 8. 9. 10. 1. 12. 26. it is not any where said (that I finde) that he was sent with that power by the Persian King, but it is more probable he was chosen to that office by the people of Judah, both because he was one that was very zealous for the interest and publick advantage of that Nation, and by reason he came thither some yeers* after Ezra, and acted in conjunction with him. Neb. 8. 9. Now in Artaxerxes letter to Ezra, at his first going up from Babylon to Jerusalem, it is committed to Ezra’s trust, To set Magistrates and Judges up among the people: Ezra 7. 25. with this proviso, After the wisdome of thy God that is in thine hand; by which is meant the Law of God. But by the Law of God the people of Israel were to create their own Magistrates and Kings, Dent. 16. 18. 17. 14, 15. And besides his Governorship it seems he had (in like manner to Ezra) a divine instigation, and vocation to his work. It is said, That God put that in his heart to do at Jerusalem; which he went about, and when he was come thither,Neb. 2. 12. &illegible; he told them of the band of his God which was good upon him: upon which report, they said, Let us rise up and build.
2. Let it be more narrowly observed, what Ezra’s Commission was from Artaxerxes, and it will be found, 1. That he himself was not authorized to fine, imprison, and put to death, as this Author affirmeth; let the text be better marked, Chap. 7. 26. 2. In the charge of setting up Magistrates and Judges, it cannot be thought he was intended to do it; otherwise then as a private man, or Priest might be instructed to do it, viz: with the peoples concurrence; For he (as I even now observed) was to manage that businesse after the wisdom of his God that was in his hand, to wit, according to divine Law, which appointeth the people to do it.
3ly, That in all this Commission he and therest that went up with him were authorized to do no more, and in no other manner then the Law of God required: Ezra 7. 14. 18. 23. 25. and consequently they were warranted before by it, to do all that they did, and this of Artaxerxes was but an encouragement, & strengthening of them to it. 4ly, Whatsoever he acted, Chap. 10. in the matter of the Oath, Proclamation and reformation in the point of marriage. Besides that there was nothing done by him in it, that was solely appertaining to the Magistrates office; all that he transacted was by the motion, appointment, and consent of the Congregation, the Princes and the Elders: Ezra 10. 1. 3. 7. 8. &c. ver. 12. 19. yea even by the free assent of the parties. 3ly, As for all the authoritative actings of Nebemiah, which he alledgeth they must be attributed to his place of Governor, and whence that is to be derived, I have spoken before.
Lastly, You bring in the Judgement of two or three Popish Divines. Which I shall altogether passe over, for that their reasons taken from the tacite, or interpretative consent of the people, the confusion that comes in by having no government, and the expedience of choosing the lesser of two evils, I have answered before. Only one thing brought in, by the last of them being not before answered, I shall here reply to; which is as followeth.
It is manifest that the Romanes by tyranny did possesse Judea, in that very time wherein Christ and John Baptist did preach, yet Christ, Matt. 22. did teach, that tribute was to be given to Cæsar. yea himself did give it, John Bapt: Luk. 3. commanded the souldiers this onely, that they should do violence to no man, and be content with their &illegible; wherein he did rather perswade them to continue in the service of Cæsar.
First, To that of Christ, Matth. 22. wherein the main of this allegation lyeth. wch is stuck at by many, I have two things to say.
First, His Answer to the Question about the lawfulnesse of giving tribute to Cæsar is to be weighed, and therein it may be questioned, whether he positively taught that tribute was to be rendred to Cæsar. His words are. Render therefore unto Cæsar the things which are Cæsars: and unto God the things that are Gods. Here Christ delivers a precept of giving to God and Cæsar each their right in the generall, without asserting, or explaining what the right of either is in particular, or &illegible; king application to the case, then before him; he seems to leave them that moved the question to do that. His words determine not the point either way expresly; all that can be inferred from the plain current of them, is a conditionall rule equally favouring the affirmative, and negative; if it be Cæsars due, render it; if not, &c. Such a waving answer will not appear unbeseeming him, if it be considered who they were that propounded the quære, to wit, the &illegible; with the chief Priests and Scribes; and with what intention it was put forth by them, viz: to entangle him, and so to betray him to the Governor for his destruction: See v: 15. and Luk. 20. 19, 20. and how well this was known to him: v: 18. The case was put not so much of conscience, as of designe; and there was this bisormed, or cornuted trap in it. If he should disallow that tribute paying, they would accuse and prosecute against him, before the Romane Governor as an enemy to Cæsars, if he should hold with it, they would traduce him to the people, as one that consented to the Romanes tyranny, and sacriledgea; Upon this ground he might prudently (and justly enough) give an Answer not to satisfie the doubt, but to silence the propounders. And unto this interpretation Mr. Calvin inclineth*. He so tempered (saith he) his &illegible; by his &illegible; wisdome, that he might render himself obnoxious to neither &illegible; &illegible; did indeed so expresly command tribute paying to Cæsar in these words, which were publickly, and before all uttered in the Temple with what face or colour could they, within two or three dayes after, accuse him unto Pilate; as one whom they found perverting the Nation, and forbidding to give tribute to Cæsar. Luk. 23. 2. This accusation would import to us, his Answer under question to have been so positive, and punctuall, for tribute paying; for though no doubt these men accused him maliciously, and would not stick to do it falsly, yet they would have some hint, or appearance of occasion for it, as in other their accusations they by straining, and misconstruction had.
2ly, But unto those who will not beleeve, but that in the said words he teacheth paying tribute to Cæsar: I further answer. Let the notion under which he is supposed to enjoyn it be observed, and the so understanding him will help not to strengthen, but to answer the Argument. He commands them to render that which he speaks of to Cæsar as a due or right: b Render unto Cæsar the things which are Cæsars; now if tribute or any thing else belonging to a Magistrate were Cæsars due and right, then was Cæsar no Usurper, but a lawfull Magistrate, for tribute of due can onely belong to a rightfull Soveraigne. A debt on the Subjects part of tribute must needs infer a right to it in the Magistrate, to whom it is payable; and a right in him to it must needs infer a right in him to all allegiancec. How it came about that the Romanes were invested with the Soveraignty of Judea, is not necessary for me to clear, when there is (taking the words in this latter sense) so plain a proof that it was so in these words of our Saviour.
But for the Readers sake, I will observe thus much out of History to him. About 152 years before the birth of our Saviour, the government of Judea came to be in the Maccabees who were Priests. At that time Judos Maccabetes being in fear of that grand Enemy of the Jews, Antiochus sought aid of, and entred into a League of friendship with the Romanes;d which continued till about 60 yeers before the birth of Christ, when Hircanus and Aristobulus, the Sons of Alexander falling into contention for the Kingdom; and Aristobulus the more warlike man having possess himself of it, and usurped it from Hircanus the elder brother, in whom the right then was, the said Hircanus fled to the Romanes for remedy, and by the mediation of Antipater, he procured Pompey (then nigh that Countrey with an Army) to undertake his aid; who thereupon besieged Jerusalem: Hircanus his party within the City immediately delivered it up to him, and Aristobulus friends withdrew into that part where the Temple stood, which was by Pompey taken by storme; and by this means that City came into the hands of the Romanes, and Hircanus was restored to the high priesthood and kingdome of Judea. Who, with the party that cleaved to him against Aristobulus, having gained the upper hand of those that usurped over them, they were fain by the same means to keep it, by which they got it, to wit, by the Romane power and protectione. Whence it may appear, that the Jews under Hircanus, were not brought under the Romane subjection by meer force, but (through the necessity of their affairs, whereinto they were driven by the factions within themselves) from their own consent and choice. And to this dedition of the Jews to the Romanes,Non propter inopiam &illegible; &illegible; facultates sed ut in cos qui &illegible; ludæ orum seditiones accederet. De bello Iudaic & li. 1. ca. 8. agreeth that saying of Josephus concerning Pompey, when he had taken Jerusalemf: He did as becometh a good Generall, rather by good turns, then by terror conciliate the people to himself. And another passage in the same Author plainly proves it. &illegible; that Antipater replying to the accusations of Antigonus the Son of the aforesaid Aristobulus, layed in by him against Hircanus, and himse’f before Cæsar, complainseth of Antigonus, That be sought not relief of Cæsar, because he was poore, but that he might kindle Jewish &illegible; against those who had made a dedition of themselves. And thus continued this relation and subordination of the Jews unto the Romanes, to our Saviours time, and that still with a faction,Nam divisi trant Iudæi Interse, ita ut part dandum &illegible; tributura Cæsari, pars negaret qui &illegible; facienant cum Pharilæis, qui sentisbant populum Dei debere liberum esse nec tributa pindere Implæ porestant Cæsaris, qui dindum sentisbant facitbant cum Herode, qui Cælaris paries tueba &illegible; &illegible; ideo &illegible; dicebantur. part of them adhering to the Cæsarian Authority, and part reluctating; which division among themselves occasioned the question to be really controverted amongst them, which is here insidiously propounded to Christ about the lawfulnesse of giving tribute to Cæsar; the party that was for the negative were the Pharisees faction, whose reputing and speaking of the Romanes as Usurpers, might occasion that vulgar opinion of their power which we meet with in some Authors, viz: that they were indeed in our Saviours time syrants without title over Judea; Although it is evident (by what is here said) that they came into their Authority by the consent of the Juster, and better authorized party, and at this time had one part agreeing to them.
2ly, That which is further alledged, viz: That our Saviour himself payed Cæsar tribute, and that John Baptist perswaded the souldier to continus in his service, is taken off sufficiently by what is already said; for if Cæsar was a lawfull Prince to the Jews, these things make nothing for the Arguer.
I have thus gone through, and endeavoured to give a satisfactory Answer to every Argument, which by this Author, or any other I have observed to be urged for the obedience which in this Treatise I impugne. If I had been apprehensive of, or cou’d have extracted any materiall argumentative grounds out of Mr. &illegible; Discourse, for his high assertions mentioned in my 2d. Chapter, I had here taken notice of them. If he hath any brief and slander hints of Reasons, I suppose them to be Answered in what I have already said.Museul in loc. Vide &illegible; Ians. in comment, in concord, ca. 156.
FINIS.
Endnotes
[a ] Zanchius, Iunius, Geneva Interpret. Pareus, Diodates Anotations of Divines in locum.
[b ] 2 Sam. 2. 1.
[c ] 1 King. 12. 24.
[d ] &illegible; 7. 14.
[e ] 2 Sam 7. 12.
[f ] &illegible; &illegible; &illegible; &illegible; &illegible; ipsi. nec boni fine. quos represset &illegible; &illegible; &illegible; Gentium repagule duplici, Electionis & successionis, &c. Iusti Lipsi polit: l. 2. c 4.
[g ] Minore discrimine sumi principem quam quam quaeri. Tacit. Hist. l. 2.
[h ] Quirtum vera regalis Monarchiæ genus est quæ iam temporibus Heroicis voluntate civium, & &illegible; legibus stque institutis approbata est. Aristot politicli 3. num. 85. Luk. 12. 13, 14.
[h ] Reges enim non solum secondum legibus, sed etiam volentibus, Tyranni autem invitis imperant. Arislot. polit. l. 3. num. 87.
[i ] Deinde Clana, Cubo sese, sine comitiis consules creabant in &illegible; Chro. Carion. li. 2.
[k ] Ex Dictatore Consulem se cum P. Stevilio ipse tacit. Cluver. Hist. li. 7. pag. 235.
[a ] A Discourse, wherein is examined. &c. by Ant: Asbeam Gent: Part. 2. Chap. 9. pa. 84.
[b ] Tyrannus, ab quet &illegible; qui est invasor, quillbet privatur potest, debet e media tollere: neque enim ille Rex est, sed privata persona, &c. Alsted. Theol. Cas. cap. 17. Regul 8.
[c ] Magistratus subditos sider, ac cutæ suæ commissos tanquam Dei minister puber. nat. Synops. put. &illegible; disput. 50. thes. 3.
[d ] Principatus est imperium moribus aut legibus delatom susceptum, gestumque parentium bo. no. Iust. Lyps. polit. li. 2. c. 3.
[e ] Magistratus est publica persona successions, sorte, aut suffragio electa, &c Io: Cab Sphæra, Cin l. 4. cap. 15.
[f ] Discourse of Ant: Asheame part. 2. ca 9. page 18.
[g ] Ioseph. de Bell: Iudaic. lib. 1. cap. 1. Cron. Casion. lib. 2.
[h ] Considerations touching a warre with Spaine, written by Francis Lo: Verulam, &c. pa. 3d.
[i ] Non est æquum ut ex actu injusto, ius sibi quis acquirat D. Sand. do Iuramenti oblig. Prælect. 6. sect. 4.
[k ] O pubes domitura Deos, quodcunquæ videtis pugnan do dabitur: præstat victoria mundum. Cl. Claudiani Giganto machia.
[l ] Cicero seribens de officiis tertio libro semper Cæsarem in ore habuisse Euripidis versus, quos sic ipse convertit: nam si violandum est ius regnami gratia violandum est. ahis rebus pietatem colas Sueron. in Iul. Cæs.
[m ] Considerations touching a warre with Spaine. pa. 2d.
[n ] Gladius (ut ad Romanes &illegible;) &illegible; &illegible; est &illegible; Loc. commun. &illegible; 4. ca. 20. loc. 12.
[o ] Plin. Nat. Hist. lib. 11. Chap. 17.
[p ] Arist. politic. lib. 1. num. 8. Naturali enim jure meritoq; &illegible; ut qui provida mente sagacique fuerit, is imperet, ac duminatur, qui &illegible; &illegible; viribus & lacertis hæc ipsa obtre onssie, is contra subjiciatur, & serviat.
[q ] Nec quisquam imperium slagitie quæsitum bonis artibus exercuit. Tacit. Histor. 2.
[r ] Magistratus eâ lex animata. P. Martyr.
[a ] Nolite igitus fortunam iu culpam convcrtere; neque regis injuriam hojus crimen putate; nec confillum ex necessitate, nec voluntatem ex vi interpretari. Cicero Orat. 39. pro C. Ra bino possumo. So he defendeth Posthumus his changing his Romantic gown for a cloak at Alexandria as compelled by K: Ptolomie.
[b ] Augustious ad publicolans. Epist. 154. Gen. 2 l. 31. 31. 31.
[a ] Regula juris rei impossibilis nulls obligatio.
[b ] Ars erat esse &illegible; &illegible; tura petie &illegible; Et parner invenem somnoque & morte leravit.
[c ] Si li cui juratur ratum habuerit iuramentum, & velin servari, non potest &illegible; alia quacunq, terria persona &illegible; ratle est, quia nemo potest &illegible; alteri acquisitum, nisi ipse consenserit adimere. D Saunderson de &illegible; 1. rom oblig. prælect. 7. Sect, 8.
[d ] Dico sexto, relaxationem partis valere ad vinculum juramenti solvendum, quantum ipsius interest: non tamen valers in præiudicium terriæ personæ. Ratio est, quia potest quibbet per actum suum de iure proprio quantum vult remitteret sed non pocest quisquam de alieno iure quicquam demere, ipso vel inconsulto vel invita, si alterius &illegible; &illegible; aliquo suo iure obligationem non solvi, obligatio non solvitur, Ibid.
[e ] Having before our &illegible; honour &illegible; Happinesse of thrillings &illegible; and his posterity.
[f ] Promissiones &illegible; illæ Ded &illegible; præsenti &illegible; intelligendæ furit. Quamoth &illegible; Dei promissiones &illegible; sic oportet cogliare: vel conditionem ahquam conjunctam habent vel abso &illegible; ponuntur. Dein vel in hoc tantum tempus valent velin posterun sunt implendæ. P. Martyr loc. com class. 3. ca. 13. Sect. 5. mis cited by him ca. 12.
[g ] Sed cum illæ ab hominibus præstari non &illegible; Deus ex sua &illegible; subject promissiones Evangelitas &illegible; loco: quæ quim vis conditiones adiectas habent tamen afferuntur gratis. Promissio Evancelica sine allis conditionious conflare potast, &illegible; conditiones impossibiles adiecta sont, ut homines &illegible; infirmitatis admonerentur ca que ponitus intellecta, so conferent ad Christum à quo recepti in gratiam, adepte iam &illegible; illa eadem promissa possens obtinete. Nam quod ad &illegible; iam ex legalibus redduniur Evingelicæ. P. Mart. Ioc. com. Class 3 c. 12. Sect. 4.
[h ] Cal. Instit. 1. 4. c. 20. Sect. 24. 25. &c. P. Mart. Ioc. com. clas. 4. ca. 20. Sect. 12. 18 19. Alsted, Theol. cas. cap. 17. Reg. 8. num. 9. Schar. symph. 5. epoe. Quæst. 44. & 45. cue Perk. cas. consci. B. 3. cha. 6. Sect. 1.
[i ] Vide Alsted. Theol case 5. Reg. 2. num 3.
[k ] Vide D. Sanderson de jur. oblig. Pralect. 7. Sect. 3. & 4s They say, in omni voto, aut juramen to subintelligi debere illam conditionem si Domino l’apæ placuerit,
[l ] Vide D Sander. de iuram, oblig. prælect. 5. Sect. 5. & prælect 7. Sect. 6.
[m ] Qui sacit quod in se suit ut adimpleret quod promiserat inramenti sidem exolvit. D. Sanders de luram. oblig. prælect 2, Sect. 10.
[n ] Nec quisquam imperium slagitie quæsitum bonis artibus exercuit Tacit.
[o ] Et nomen pacis dulce est. & ipsa res salutaris, sed inter pacem & seruitutem plurimum interest; pax est tranquil a liberton servitus malorum omnium postremum, non modo bello sed morte etiam repeltendum. Cicero in M. Anton Philip 1 æ. Prov. 14. 34. 16. 12.
[p ] Credendum est &illegible; artifici in arte &illegible;
[q ] Vide D Sanders. de juramoblig. prælect. 6. Sect. 9. Ant. &illegible; Discourse 2d. part. Chap. 41.
[r ] Alterum perjurii genus est &illegible; juraveris, non syncerè agere, sed novo alique. excogitato commento iuramentivim (salvis tamen verbis) declinare & eludere D. Sanders. de Iuram. oblig. prælect. 6. Sect. 7.
[a ] Fanatici dicant potestates omnes sic a Deo esse, sicut pestes, morbl, & pænæ a Deosunt. Pareus in loc.
[b ] Tyrannum absque titulo qui est invaser, quilibee privatus potest, debere medio tollere, neque enim ille Rex est, sed private persons. Alsted Theol. Cas ca. 17. Reg. 8.
[c ] Non de hoe vel il & principe loquitur, sed de ipsare, Chrysost. apud Pareum in loc.
[d ] Quinetlam speciem quendam libertatis induxit, conservatis senatui & Magistratibus, & maiestate pristinâ & poreslace; neque tam privatum quidquam, neque tam magnum rublici privatique negotia suit, de quo non ad P. C. &illegible; &c. Vide Sueton. Tibet ca. 30, 31, 32. Heb. 13. 7. 27.
[e ] Tacit. Annal. l. 1. c. 1.
[f ] Brightman, Mede. Symonds, Napier. Forbs, &illegible; Apuc, 17.
[g ] Vibem Romam’s principio Reges habuete. Tacit. Annal. l. 1. c. 1.
[* ] Vide Tacit. Annal. li. 1. ca. 1, 2,.
[h ] Tum vero absent &illegible; Dictator creatus pacifq; & belli dominus. Cluveti Histor., mundi, lib. 7. pag. 236. Vide Chreniton. Carton l. 2. pa. 180, 181. Muneribus, monumentis. longlariis, epulis multitu linem impentam &illegible; suos præmiis, adversarios elementiæ &illegible; &illegible; Quid multa? &illegible; jam liberæ civititi, pattim meru, pattim patientia consuetudinem serriendi. Cicero in N. Anton Philip 12. Orat. 44.
[i ] Cæsari quia arms &illegible; &illegible; pro &illegible; Romano imperium à Senatu datum, cum Consularibus ornamentis. Cluveti Histor. lib. 7. pag. 240.
[k ] Sex. &illegible; & Sex. Apuleius Coss primiia verba &illegible; Cæsaris &illegible; apudque cos Seina Strato, & C. Tutranius: mox Senatus milesque & populus Tacit. Annal. l. 1. ca 2. Vide &illegible; in Tiber. c. 14.
[l ] Sic imperium adepti as popusum Romanum, vel ut ita dicam, hominum penus vnti compotem fruit, &illegible; us Princeps, &c Vide Sneton. In Caliguls. c. 13, 14.
[m ] Vide Sueton. in Tiber. c. 76.
[n ] Vide eundem in Calig c. 14.
[o ] Verum postere die Senatu segniore in exequendis conatibus, per tædium, ac dis. sentionem diversa censentium, & multitudine quæ circumstabat &illegible; rectorem jam, & nominatim exposcente, armatos pro concione jurare in nomen &illegible; passus est. Sueton in Claudi c. 10. &illegible; cius imperium non parum contuit Agrippa Res Iudæorum, autor & Claudio &illegible; dignitatis, & Senatui non offendi &illegible; &illegible; Senate segniore in exequendis conatibus, & milite urbano Prætorianis se aggregante, in Claudii &illegible; iuratum est. Cluver. Histor. lib. 3. pag 267. Hoc exemplo optimates deserti in magno &illegible; esse cæperone, ac deinceps videntes fibl adversationem &illegible; non esse, secuti &illegible; ad Claudlum translerant. Claudius &illegible; in castris &illegible; senatum, & indulgenti homort complexus, egressut cum patribus confestim obtulit Deo hostias, &illegible; mosest proimperio supplicari. Ioseph. de bello Iudaic. lib. 2. ca. 10. Vide eundem Antlq. Iudaic. lib. 19 c. 3.
[q ] Sententiam inclitam secuts pattum consulta; nec dubitatum est apud &illegible; Tacit. Annal. lib. 12. c. 14.
[r ] Alfred Theol: cus cap. 170 reg. 8.
[s ] Aliud est potesta quæ a Den est, aliud acquisitio, & usur; out statis, quæ &illegible; alias legitima, alias illegitima. Par. in Rom. 13.
[t ] Discernend &illegible; inter potestatem ‘quæ’ &illegible; Deo est, & inter acquisitionem. & &illegible; pationem quæ quoad homine &illegible; &illegible; &illegible; non a Deo sed ab hominum affectibus, & Satana malitia. Ib. in Dub. 3.
[u ] Nulla quaesita setlete potentia diuturna esse potest. Q Curt. apud Lyps. Polit. lit 2. c 4. Quam via enim demersæ sint leges alicujus opibus quimris tremilacta libertas, emergunt tamen hæc aliquande — nec vero ulla via imperii tinea est quæ prements metu possie esse diuturna. Testis est Phalarls, culus est preter cæteros nobilitata crudelitas — la quem universa Agrigentinorum moltitudo impertum, socit Quid? Macedones nonos Demetrlum reliquerunt, universique se ad Pyrrhum contuletunt? Quid? Lacedemonios in Iuste imperantos nonne repente omnes fers socit deserverunt, spect uoresque se otiosos præbuetunt leuctricæ calamitatis? Cicero de officiit lib 2. Ad tempus &illegible; insidiosa & violenta valere possunt inventa hominum, sed absque iostitia, & æquitate prevalete non possunt dio: quippe vana & infirma sunt stratagemata civitatis quæ columna virtuos non sulciuneur. Boter Tractit. lib. 8. cap 6.
[* ] Arelote: autem morsus sunt &illegible; libertatu. quam retentæ. Cicero de offic. lib. 2.
[x ] &illegible; Tit. Rempub. Tyrannice, &c.
[y ] Nunquid &illegible; Tyranno peccent illi qui recurrunt ad ipsum pro justitia.
[* ] Excusatar à &illegible; inducendi Tyrannum ad actum, & opus fibi illicitum petences ab illo iustitiam: quia non petunt actum illicitum, sed justitism illius actus illiciti. Sanctè suadetur, quod minus male utatur dominio illo; scils si vis. seu ex quo vis detinere, & exercert hoc dominium, utere illo iusle, utere &illegible; utere pie, utere ad &illegible; public &illegible; & privatorum prout deceret dommium. Conslat &illegible; quod non &illegible; &illegible; petere, ut tyrannut utatur tyrannide, ut usurpet actum &illegible; &illegible; malient ut &illegible; &illegible; & iudle &illegible; led ex quo usurpat libi dominium ac iudicium, intendunt ut &illegible; ut pic utatur usurpito dominio, & &illegible; &illegible; & qu dintenduor hoc petunt; &illegible; qued nec intendunt, non patunt actum usurpatum. sed qualitatem sanctum in actu usurpato &illegible; Caietan Summul Tit. Remp. Tyrannies, &c.
[a ] &illegible; fiducia &illegible; inferi bellum Cyro &illegible; justurn bellum adversus Tyrannum Babylonicum Chr. Cation. li. 2. pag. 69. Balshasar conspicatus Cyri, & Medorum potentiam coalescere, Cræsum ad infringendas corum &illegible; incitat. Cluveni Hist. li 6. pa. 64.
[b ] Agnovit hoc ipse Cyrus, & publico est edicto ad hunc modum testatus: Hæc dicit &illegible; Persarum, &c primo Esdra. Musculuin &illegible; 45. 18 Cyrus lecto vaticinio Isaiæ de se nominatim edito Isa. 45. proposuit edictam quo Iudæ is in Babylonis captirus, reditum in partiam, & facultatem, in slaur and i templi concessit. &illegible; Chronol. in 1 l. Herodat p. 147. Arbitror &illegible; & runc cum rexit Persiam Daniel, præsos in Sufis fuisse ejus auditorum Cyrum &illegible; & &illegible; dediciste veram de Deo, & de &illegible; doctrinam, & prædictiones Isaiæ &illegible; &illegible; nomen Cyri expresse &illegible; est. Chron Cation. li. 2. p2. 69.
[c ] See Annotations of I &illegible; &illegible; on 2 Chron. 36. 22. & Ezra 1. 2. Diodat. Ibid. Musculu: in Isa. 45. 1. 13.
[d ] &illegible; in August. de clret. Dei lib. 28. cap. 36.
[e ] Mr. Roberts his Clavis Bibliorum on Ezra.
[* ] Ezra 7. 7. &illegible; with Mehe. 1. 1.
[a ] Marlorat, Muscal. Dieterius &illegible; Deodate.
[* ] Ita temporarit responssi admirabill sua sapientia, &illegible; neutri parti se redderts &illegible; Calv. apud Marlorat. in locum.
[b ] Render as a debt. Rom. 13. 7. Annot of Divines.
[c ] Non dicit date ergo, &illegible; illi interog assent, &illegible; date se dicit zeddito tanquam ce quæ erus suut, quæ. que ab eo accepistis. Reddire, inquit, Cæsarl, sed quæ Cæsat tis sent, &illegible; &illegible; sua iurt postulare potest, Jansen. com. in cove. c. 116.
[d ] Ioseph: de bello Iudaic l. 1. c. 1. &illegible; &illegible; carlon li. 2. pag. 138.
[e ] Iose, de bello Iudaic l. 1. c. 4. 5. 6. Antiq. Iudaic l. 14 ca. 1. 2. &c. &illegible; carian li. 2. pa. 118. Stella in lo c 20. 22.
[f ] Per quæ sicut &illegible; imperatorem decust bene voleutia potius quam timore plebem &illegible; De bello &illegible; li. 1. ca. 1.
T.292 [1649.12.20] (M13) George Lawson, Conscience Puzzel'd About(20 Dec., 1649).↩
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Bibliographical Information
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Source or Full titleThis tract was originally published as part of The Struggle for Sovereignty: Seventeenth-Century English Political Tracts, 2 vols, ed. Joyce Lee Malcolm (Indianapolis: Liberty Fund, 1999). Vol. 1 </titles/810#lfMalcolmV1_head_754>
Estimated date of publication20 December, 1649.
Thomason Tracts Catalog informationabc
Editor’s Introduction
(Placeholder: Text will be added later.)
Text of Pamphlet
George Lawson, Conscience Puzzle’d
[George Lawson, d. 1678]
CONSCIENCE
PUZZEL’D,
ABOUT
Subscribing the New Engagement; in the Solution of this Quaere:
Whether a man that hath taken the
Oaths of Allegiance, and Supremacy, the Protestation and Covenant, may, upon the alteration of the Government from a Monarchy into a Free State, subscribe this ensuing Engagement?
I A. B. declare, and promise to be true and faithfull to the Commonwealth of England, as it is now established without King and House of Lords.
Zach. 8.17.
Love no false Oath: for this is a thing that I hate, saith the Lord.
Rom. 14.22, 23.
Happy is he that condemneth not himself in that thing which he alloweth.
And he that doubteth, is damned if he eat.
Printed in the Yeer, 1650.
One of the most remarkable tracts published in defense of the Commonwealth and the Engagement is the tract reprinted below. The Engagement, an oath of loyalty to the new government, had been especially crafted to enable individuals to swear to it even if they had reservations about the legitimacy of the regime. Nevertheless it caused great consternation. Until 2 January 1650 the Engagement had only been required of officeholders, barristers, and other specific groups. Thereafter the Engagement was imposed upon the entire male population over the age of eighteen. There is some uncertainty about the date on which this anonymous pamphlet appeared. It is dated 1650, but George Thomason, a contemporary bookseller and preeminent collector of civil war tracts, claimed it appeared on 20 December 1649. In either case, the tract was intended to prepare the public to accept the requirement.
The author of the tract draws upon a whole battery of arguments to persuade his readers that they could take the Engagement without qualms. Among these he includes the notion that all governments are equally lawful. He demonstrates how the language of the Engagement can be interpreted in such a way that any honorable Englishman Edition: current; Page: [437] might take it in good conscience. But what makes the essay so striking is the writer’s unblinking use of conquest theory. He accepts the royalist notion that the English are now a conquered people, then concludes that as such they must obey the conquerer. It is a Hobbesian argument presented a year before the publication of Leviathan. Little wonder the tract was anonymous. It appeared in only a single edition.
A case has been made for the authorship of George Lawson, a minister whose works have begun to attract considerable scholarly attention. Lawson was a staunch supporter of Parliament and served as rector of More in Shropshire during the Commonwealth. We know little about him today, despite the interest in his work. He was a correspondent of Richard Baxter, the influential Presbyterian clergyman and author. Baxter seems to point to Lawson’s authorship of the present tract when he reports that he had seen a manuscript of Lawson’s with arguments in favor of taking the Engagement. Among Lawson’s known works are “Examination of the Political Part of Hobbes’s Leviathan,” published in 1657, and “Politica sacra et civilis,” in defense of resistance, published in 1660 and reprinted in 1689.
Edition: current; Page: [438]I A. B. declare and promise, That I will be true and faithfull to the Common-wealth of ENGLAND, as it is now established without King and House of Lords.
The Question is, Whether a man that hath taken the Oaths of Allegiance and Supremacy, the Protestation, and Covenant, may upon the alteration of the Government from a Monarchy into a Free State, subscribe this Engagement.
Premise.
There is no doubt, but unengaged men may: All Governments being of themselves equally lawfull. And, were we upon the point of choosing a Government, we know no reason to compell us to pitch upon a Monarchy more than a Common-wealth. And (whatever may be said in Law for the childe’s virtuall obligation to the Oaths of this nature, wherein his father was personally engaged) we see no reason in Divinity, but our children, who never were engaged by the Oaths, Protestation, and Covenant above-mentioned may (when they shall come to yeers of discretion) oblige themselves either by promise, or oath of fealty unto this Government.
But the Question is concerning Engaged men: (as all, but a very few, of those, who are liable to this Subscription, are).
Answer to this may be made in the affirmative, upon two Concessions.
First, if the words of the Engagement import nothing contrary to those Oaths, Protestation and Covenant.
2ly, If (upon supposition that they do import something contrary to those Oaths, &c.) it may be made good unto us, that the obligation of our former Oaths, &c. doth cease upon this new Establishment.
First, If the words of the Engagement import nothing contrary unto those Oaths, &c., As,
Edition: current; Page: [439]First, If by Common-wealth be meant the whole company of men and women, both of higher and lower rank, contained within the bounds and territories of these Dominions. So we were wont to call the Common-wealth in the time of Monarchy, unlesse when we took it for the Civill State, as contra-distinct unto the Ecclesiasticall. And, if it have that large signification here, and if the words (as it is now established) be to be understood adversativè, and not reduplicativè, and so binde us to be faithfull to the Common-wealth (in this sense) Licet stabilitae, and not quâ stabilitae absque; Domino Regis, &c.1 it will be nothing contrary to our Oaths and Covenants to subscribe thereunto. For unto the Common-wealth (in this sense) we must be faithfull, whatsoever Government it be under. And he that will not be true and faithfull to this Common-wealth, now it is without King and House of Lords, was never (conscientiously) faithfull to it, when it was subject to a King, and House of Lords.
And we are somewhat inclined to think, that this may be the meaning. Because not only all of lower rank, but also all of superior rank (as the Speaker, and the House of Commons, the Lord President, and the Councell of State, the Lord Generall, and Councell of War, &c.) are enjoined to subscribe. If they (or any of them) be the Common-wealth here meant; we somewhat strange at the Injunction. Our Kings were never wont to swear fealty to themselves, or Monarchy. If it may be declared that the words are intended in the sense above specified, we beleeve the Engagement cannot want Subscribers. But,
2ly, If the words (Common-wealth of England) be taken for a certain State of Government, as it stands contra-distinct to Monarchy (as it is generally conceived they are) then (without perjury) engaged men cannot subscribe thereunto, unlesse they fetch some help from the exposition of the words, True and faithfull.
Edition: current; Page: [440]First, If the words (True and faithfull) be to be understood only negatively, and oblige a man only, not to be false, or treacherous to, or turbulent in the Common-wealth: we conceive, that a pre-ingaged man may (with a safe conscience) subscribe to this present Engagement. Insomuch as whatsoever we were formerly engaged unto was to be compassed by all lawfull wayes and means, by every man in his vocation and calling. But for any private man by treachery or turbulency, raising tumults and factions to disquiet the present peace (though it be to the attainment of those ends whereunto he was preingaged) is to do evill that good may come thereby, out of his calling and vocation to act for a publick good, which no man (without an immediate call from heaven) hath warrant to do. So that, if it be declared that no more is intended by the words, than what may be comprehended in the negative sense of them, we shall not refuse to subscribe the Engagement, though it be to a Common-wealth, as it stands contra-distinct to Monarchy.
2ly, If the words (true and faithfull) be to be understood positively (yet in a strict sense) so as to oblige us to submit and yeeld obedience to this State of government in licitis, honestis & necessariis, we may (notwithstanding our former Oaths) subscribe thereunto. For, as for those things that come within the number of necessaria, necessarie duties to be performed to God, we are obliged unto them, though we were never enjoined them by men, whose command puts a tie upon us, as subjects, but such as is of inferior nature to the tie which God’s command puts upon us, as creatures and Christians. And though we obey not the Command (meerly) for the Civil Sanction’s sake; yet we hold ourselves bound to reverence the Civill Sanction so much the more for the Command’s sake. And as for those things which come within the number of licita & honesta, things lawfull and honest, though not necessary, we count ourselves obliged to the performance of them for the Command’s sake (meerly). Uncommanded, we may neglect them, because not necessary: but commanded, we shall not Edition: current; Page: [441] refuse to observe them, because lawfull. “But we trust (in the meanwhile) that none will be so irrationall, as to bring that yoke upon us, which neither we nor our fathers were ever able to bear: viz.: to enslave us to the performance of meer indifferent things, as necessary duties, where the performance of them doth not necessarily argue us good subjects, or good Christians.” But,
3ly, If the words (true and faithfull) be to be understood positively, and in a large sense, so as to oblige us to assist, and defend with our lives and fortunes the present Establishment, against all whatsoever (though it be the Parliament of England itself) that shall (hereafter) endeavour by lawfull means to introduce a Monarchy, or any other State of Government in this Nation; we humbly conceive that (without perjurious forcing of our Consciences) we cannot subscribe hereunto. For this is expresly against the words of our former Obligations, wherein we are bound with our lives, power, and estates, to maintain and defend the power and priviledges of Parliament.2 And this were to pawn our souls to oppose a lawfull Government in doing a lawfull thing.
Secondly, If (upon supposition that the words of the Engagement do import something contrary unto those Oaths, &c.) it may be made good, that the Obligation of our former Oaths and Covenants doth cease upon this new establishment. This is the grand Quere.
First, We do acknowledge, that some things, whereunto we formerly have been obliged, are (by the wonderfull providence of our God) rendered infeazible and impossible to us: viz.: such as concerned Edition: current; Page: [442] the person of our late King, &c. God hath disobliged us from such: and our hands are upon our mouthes, because God hath done it.
2ly, But yet there are other things, that are left by the providence of the same God feazible and possible, as, the exclusion of the Popes and forrain Princes and States’ Supremacy, and intermedling with the affairs of this Kingdom, the extirpation of Popery, Prelacy, superstition, heresie, schisme, profanenesse, &c. as may be seen in the particulars of those Oaths, Covenant, and Protestation. Some of which seem to crosse the very intention of this present Engagement, as that particular of our swearing, to bear faith and true allegiance to the King’s Heirs, and lawfull Successors, &c. Unto such things as these, we are still bound, if there be not sufficient reason alledged for our disobligation to those Oaths, by virtue of the present Establishment.
Now we conceive there may be three grounds, whereupon a people may hold themselves dis-obliged from their Oaths to former governments, upon the succession.
First, If those Oaths were vincula iniquitatis, (i.e.) if they did oblige men unto any Government that is of itself unlawfull, and contrariant to the rule of God’s Word. When Monarchy shall be made good to us to be so, we shall not refuse to engage against it.
2ly, In case the alteration be made by such, who, by the fundamentall Laws of the Land, have the power of making such alteration. Which power, by the Statute of 13 Eliz. is expresly conferred upon the three Estates in Parliament. If this alteration come to us with such an Authority, we hold ourselves disobliged from our Oaths to all former Establishments, and are ready to subscribe.
3ly, In case of Conquest; when an over-ruling power (by force of Arms, or otherwise) shall conquer a Nation, and render, as well the people unable to maintain their former Government, and Governors, as the Governors to defend and protect their people, in the pursuit of their Oaths, Covenants, and Obligations to them; Then we Edition: current; Page: [443] count it lawfull for a people to make the best conditions they can with the Conquerors, to desire protection from them, and promise subjection to them. And the reason is, because all former Obligations either of the Governors to the Governed, or the Governed to the Governors, did extend no farther than the power of the obliged on both parts. Which power, on both parties, being, by a totall Conquest, over-come by a third party; the obligation to the mutuall exercise of that power must needs cease, because the power itself is ceased.
This Case if it be ours, and it be declared, avowed, and owned that we are a conquered Nation; We are readie to make the best conditions we can for ourselves. And the former power (under the shadow whereof we breathed) being vanished, whilest we cry Quarter, and look for protection from the succeeding Power, we declare, and promise that we will be true and faithfull thereunto in all things, whereby we may not draw upon ourselves the guilt of disobedience unto God.
Endnotes
Memorandum, That the Commissioners for the respective Counties, Cities, and Boroughs, are to returne a Computation of the number of Subscribers in the severall Parishes unto the Trustees herein named before the end of April next, at such place, and in such forme as the said Trustees, or any five or more of them shall direct.
1 Part. Book Dec. pag. 172, 195, 214, 281, 342, 464, 494, 497, 498, 663, 666, 673, 750.
Was this wicked and illegall in the King? and can your denying my wife (as in my present imprisonment you have don) so much as to see me, or speak with me, or bring me sood to preserve me alive, be legall, just, and righteous in you? Let God and all righteous men judge betwixt you and me in this particular.
As particularly that old guilty Traytor Sir Henry Vane, who was one of the principall men that passed that bloody murdering Sentence in the Star-chamber against me, in the yeer 1637: and whose power (by his crafty Machiavel Sons interest, young Sir Henry) kept me above eight yeers together in suit in the House of Commons, that I could not get one dram of Justice, or reparation against my Star-chamber Judges; although the pursuing of that Suit one way and other, cost me above a thousand pound: Yet at last, when I got an Ordinance for 3000 li. for reparation (not from those that did me wrong, but from the Common-wealth’s Sequestrations) yet in the passing of that Ordinance, steps up John Blackston in the House, (one of Vane’s creatures, for the many thousand pounds sake of the Common-wealths money he hath helpt him to) and he gers all consideration of interest for the forbearance of the money, cut off; so that it would be many yeers before the whole sum allotted would come in: onely there was a thousand or fifteen hundred pounds worth of wood feld of Sir Henry Gibs in Brandsburth Park which Sir Henry Vane, by his power, in the Knights absence and mine both, gets an Order to possesse, although he hath no right unto it: so that my 3000 l. will be well nigh this ten yeers before the annuall rent of the Lands allotted will bring it in: which will scarce be Use for the Principall. Of all which usage, when I came out of the North to the Citie, (immediately after the execution of the King) I complained to Sir Arthur Haslerig, (then my familiar friend) and begg’d of him to deliver a Message for me to Lieut. Gen. Cromwel; in which I acquainted him step by step, how old Sir Henry Vane had without cause, for this twelve yeers together sought my bloud, and had got a good part of it; and I knew that Lieut. Gen. Cromwel had (by his son’s familiarity with him) been of late the staffe and stay of the old Traytor: and therefore I desired him to tell him, I thought there had been out-falling enough betwixt Cromwel and me already, occasioned by himself; but for my part, I desire to have no more jarring betwixt us, and therefore did earnestly intreat him to let old Henry Vane and me alone to stand or fall by our selves: For seeing he would never give over the pursuing of my life, I must be forced to have a touch at his; for I told Sir Arthur, I was resolved either to impeach him or indict him for a Trailer in betraying all the North of England to the Earl of Newcastle and sending his Magazine of Arms to him to Newcastle from Raby Castle, assuring him moreover that if L. G. Cromwel would yet protect him, for all his greatnesse I would try another fall with him, cost it what it would; but as if it were the highest treason in the world for any man in England, but he that is a Parliament man, to say that blacks the eye of any man in that House, old Sir Henry and young Sir Henry Vane are both endeavoured by King Nol to be brought in a-game to the House (having been formerly excluded for three quarter Cavaleers) and to be made Members of the New Councell of State, and King Nol by his Beagles at the Councel of War gets a Vote to passe to desire him to get a law made by the House to authorize that bloudy and tyrannicall Councell to hang poor peal garlick or any other that they should judge worthy of hanging, so that here was a fine mouse-trap for old and young Vane to catch poor John in, not obtained without doubt of the greatest engagement in the World to be King Nols Slaves & Vassals, to ingage with him, and drive on any interest he would have them, for his so seasonable help of them at this their great time of need, against furious Iohn (as they call him) who in Feb. last offered a Committee of Parliament (where S. Arthur then sate Chairman) upon his life upon the Authority of their own Ordinances to prove old sir Henry & his son Sir George Vane both Traytors, & to help them to transport their souldiers for Ireland (out of their states & their trayterous Confederates in the County of Durham) 50000l. and earnestly begd of S. Arthur & the Committee to acquaint the House herewith; but the next news I hear King Olivers paws was laid upon poor Iohn; but if he and his Cozen Prince Arthur come to burn their fingers before they and John hath done, let Oliver thanke himself, and leave Trayterous old Sir Henry Vane and his wicked sons to stand upon their own legs without the help of his Crutches the next time.
Kiffin, Price, &c. petitioned for a Personall Treaty.
Left by the sword of Pride, and his Associates.
See Col. Lilburne, Legall Fundamental Liberties of the People, pag. [Editor: illegible word], 30, 31, 32, 33, 34, 35, 36, & [Editor: illegible word].
See my Humble remonstrance against Ship-money.
See 1 E. 6. cap. 7. Cook 7. Report. 30, 31. Dyer 165. 4 Ed. 4. 43, 44. 1 E. 5. 1. Brook Commission. 19. 21.
Cromptons Jurisdiction of Courts. fol. 1. Cook 4. Instit. p. 9. 10.
5. Ed. 3. m. 6. part. 2. Dors. Claus. Regist. f. 192. 200.
4 Ed. 4. 44. 1 E. 5. 1. Brook Commissions, 19. 21. & Officer, 25. Dyer. 165. Cook 7. Report. 30, 31. 1 E. 6. c. 7. Daltons Justice of Peace, c. 3. p. 13. Lambert. p. 71.
14. R 2. 15. 11. H. 4. n. 30. 13. H. 4. 11. 25.
4. H. 7. 18. b. 7. H. 7. 17. 16. 11. H. 7. 27. For rescue c. 18. f. 20. Dyer. 92. Brook Parliament. 76. 197. Cooks 4. Institutes, p. 25.
See the Freeholders grand inquest, and my Plea for the Lords.
Cooks 4. Institutes p. 1.
Declarat. Nov. 28. & 30. 1648.
39. Ed. 3. 7. 4. H. 7. 10. Brook Parl. 26. 40. Cook 4. Instit. p. 1. 25, 26, 1 Jac. cap. 1.
49. E. 3. 18, 19. 21. H. 7. 4. Brook Customs 6. 32.
See my Plea for the Lords, and Levellers levelled.
Exact Collect. p. 5. 6.
6. E. 3. Parl. E. Rot. Parl. 3. 6. 5. R. 2. n. 64. 65. 11. R. 2. n. 14. 17. 20. 8. H. 4. n. 2, 7, 27. H. 6. n. 12. 28. H. 6. n. 8, 9, 11, 29. H. 6. n. 10, 11. 31. H. 6. n. 22. 30, 49.
Cooks 4. Institut. p. 250. Dyer. f. 203.
Exist Collect p. 69, 70, 736, 709, 722.
Back Parliament 80. R. [Editor: illegible] 85. Dyer 85.
Is not this the Armies & their own late and present practise?
Alderman Chambers the eminentest of them, is yet since this Declaration discharged by you for his loyalty and conscience only.
And is it not so by you now, and transmitted unto the Exchequer to be levyed?
And do not you now the same, yea, some of those very good Patriots?
Are not the Generals and Armies Horse and Foot too, kept up and continued among us for that very purpose, being some of them Germans too?
Not one quarter so grievous as the present Tax imposed by you for the like purpose.
And is it not more unnaturall in those now sitting, to engage the English Army, raised by the Parliament of England, and covenanting to defend it from violence against the very Parliament of England and its Members, and that successively twice after one another, and yet to own and support this Army without righting those Members?
Was not Pride’s and the Armies comming thither to seise, and actually seising above Forty, and secluding above Two hundred Members, with Thousands of armed Horse and Foot, a thousand times a greater offence, especially after so many Declarations of the Houses against this of the Kings?
Was not Humphrey Edwards now sitting, an unduly elected Member, one of them thus armed?
Exact. Collect. p. 5. 6. 7. 14. 342. 492.
Exact Collect. p. 28. 29. 214. 263. 270. 491. 492. 495, 496. 497. 660.
Exact Col. lect p. 285. 286. 298. 320. 322. 378. 379. 381. 513. 514. 515. &c. 618. 619. 620. 623. 647. &c. 671. 679. &c. A Collect. &c. p. 100. 102. &c. 117.
See Cooks 4 Instit. p. 10.
A collect. &c. pag. 327, 358, 359, 399, 404, 416, 420, &c. 694, 751, 768, 769, 798, 802, 806, &c. 878, 879, 889.
See Cooks 3 Inst. p. 2, 21, 22, 23.
Can or will the King himself say more, or so much as these, if he invade and conquer us by Forraign forces? And were it not better for us then to submit to our lawful King, then so many thousand perfidious usurping pretended Conquerors of us, who of late pretend they were no other but our servants?
Collect. &c. pag. 599. 876.
Ezck. 19. 24.
See Seldens Titles of Honor. p. 42.
See A Collect. p. 94. 95. 99. 698. 700, 877. 878.
Matt. Paris, 517.
Ovid de Remed. Amoris.
Exact Collection p. 5. 6. And their own Declarations 17. Mar. 1648. p. 7. &c.
In their Declarations March. 27. 1648. p. 26.
Mag. Chart. c. 14. 14. E. 3. c. 6. Cook. 2. Instit. p. 26. 27. 169. 170.
Matt. Paris, p. 516.
A Collection, &c. pag. 771.
See Cook, 5. Report. f. 91, 92. Semans Case. 7 Rep. Sendels case. Lambert f. 179 Daltons Justice of Peace, 224. 24 H. 8. c.5.
See Rastal Title Purveyers.
An exact Collect. p. 7.
See An Exact collection: and a collection of publick Orders &c. p. 99. 698. 700. 877. 873.
His Petition and Appeal, his arrow of Defiance. See Mr. Edwards Gangrena, 3 pa. pag. 154. f. 204.
Pag. 11, 29.
Pag. 34, 35.
Pag. 26, 27.
Pag. 34. 39, 40. 56, 47.
Pag. 52. 53. 56. 57. 58. 59.
pag. 53, 54. 59. 41.
Pag. 2. 15. 27. 29. 33. 34. 35 41. 53. 57, 58, 59, 64. 65. 75.
See Pag. 91. 32.
P. 57. 34.
Luk. 19. 14. 27. c. 12. 13. 14
Exod. 21. 4. 6.
See 1. H. 4. Rot. Par. n. 97.
Rev. 21. 8.
Which they might easily have relieved, if they had pleased, with those forces they disbanded in several places of the Nation, immediately after the making the foresaid Engagement; or with those twenty they the last Spring disbanded, out of every Troop and Company: Part of which, in discontent at their base using of them, run to Laughorn and Poyer, and others; to Goring, Capel, and others, to Sir Marmaduks Langdale, and the Scots: but Cromwel it seems was resolved then. That no forces should go to relieve Ireland, till he went with them, with an absolute Commission to be King of Ireland: Which Commission, though he hath got, yet he may fail of his expected Town, both there and elsewhere.
As is undeniably demonstrated in my following impeachment of Lieutenant General Cromwel, and his son Ireton, at the Bar of the House of Commons, the 19. Janu. 1647. And offered again and again there, upon my life, to make it good.
Which I am sure they deserve, onely I wish, they may not fail of the same punishment; and that Master Cook would be as zealous in endevoring it, as he was in endevoring the Kings; for Justice ought to be impartial, and no great places ought to stop the mouthes of those that are truly prosecutors of it: And let Master John Cook take heed that the Fat Mastership of St. Crosses Hospital, lately conferred upon him, do not stop his.
Who although he be the man that was one of the principal Judges in the Star-Chamber, that past the bloody Sentence against me, by vertue of which, I received five hundred stripes, with knotted Cords, &c. And although he ought to pay me Reparations therefore; and although he by his power in the House, kept me above eight yeers together, that I could not get six pence Reparations; yet when something is allotted me, he by his will seiseth upon about fifteen hundred pounds of it, and none of my just Complaints can be heard against him: And Sir Arthur Haslerig, since my close impersonment, hath by his will and power, seised upon wel-nigh one thousand pounds more. Against both whom in due time, I may live to raise such an hue and cry all over England, for robbing of me, that it may be may cost the stoutest of them a knocking on the head. See the third Part in Folio 56. 221. For although I be in prison, I have no crime laid to my charge, the which if I had, yet upon their own principle (having not been in Arms against them) I cannot forfeit any part of my estate, before a Legal Conviction, according to the Form of the Law in Being, as expresly appears by the Statute of 1 Rich. 3. cap. 3. which is yet in force, and by 2. Part. Cooks Institutes, fol. 48. and 3. Part. fol. 228, 229. Nay, nor my Goods so much as inventored, although I had really committed Felony or Treason: And therefore, their seising upon my estate as they have done, I can judg in Law, to be no better then Robbery and Felony; and seeing they are by force and power protected from the lash of the Law, if there were any Legal Judges to execute it, I have in reason no other remedy left me, but to do the best I can to raise the Posse Comitatus of England upon them, by way of Replevy, to seise upon their estates for my satisfaction, whereever I finde it; which in due time, I may endevor from the force of the Statutes of 52. H. 3. cap. 1, 2, 3, 4, 15, 21. See Cooks Commentary thereupon, in second Part Instit. fol. 103. 104. 105. 106. 107. 131. 139. 140. & 3. Edw. 1. cap. 9. 17. See the Comentary upon them in 2. Part. Instit. fol. 172. 173. 193. 194. 195. & 28. Edw. 3. cap. 11. & 27. Eliz. cap. 13. & 39. Eliz. cap. 25.
Which Thomas Verney, is son to Sir Edward Verney, the Kings Standard Bearer, who was slain at Edg-Hill; which Verney, though he was Traveller, yet is lately become on Agent of the Derby house Committee, and Councel of State, who (as I am from very good hands informed) they imployed to the Hague, to lay a design to put the Prince on Ship-board, and so send him for England, to lose his head, as his Father hath done; but Verney being a little discovered, comes lately over into England, and amongst some pretends to be an Agent from the Prince; and upon that score, the Councel of State, imployes him to write Letters of Friendship to me, and to enter into treaty with me, to betray Oxford, &c. to whom I will appoint; that so if I had treated with him, by his testimony, they might have taken away my life for a Traytor, in holding correspondency with the Prince by his Agents; For the refusing to swear I so did, honest young Master Blank, (being thereunto much perswaded, and promised large bribes, by Sir Arthur Haslerig, but especially upon the 23 of April last, as that alone, for which they would take away my life) was forced by Sir Arthur Haslerig (the covetous and blood-thirsty Governor of Newcastle) Ireton, Pride, &c. to run the Gantlop at Saint James, whom they whipped most barbarously and inhumanely therefore, as by his Printed Testimony, under his hand, dated the 20 of April, 1649. now in Print (in Mercurius Militaris, Number 3) he declares: But knowing Verney before I saw him, I was to hard for the Knave, and have his Letters by me; which I have several times told the Lieutenant of the Tower of.
The full story of which, you may read in my Printed Epistle of two sheets, dated and in my large Book called Innocency and Truth Justified, and in Englands Birthright, Englands misery and remedy, and Englands lamentable slavery.
These are their own words in their Declaration of the nineteenth of May, 1642. 1. Part. Book. Declar. pag. 201, 202. See also pag. 123. 533. 548. 691. See the Armies Declarations, to this purpose. Book. Declar. pag. 10. 11. 17. 23. 33. 35. 44. 60. 61. 62. 83. 85. 118. but especially read the notable Arguments in Master Nathaniel Fines his Speech in the House, the ninth of February, 1640. To justifie popular Petitions, and multitudes delivering of them for the abolition of the things established by Law; which you may read in Print, in the 22. 23. 24. 25. pages, of a Printed Book, intituled, Speeches and Passages of Parliament, Printed 1641. for William Cook.
When formerly they received the poor mens Petitions with threatning language in it, with a great deal of thankfulness, as appears, 1. Part. Book. Declarat. pag. 289. 364. 365. 398. 533. 548. 557.
The enjoyment of which, was but my right by Law, as appears remarkably in the third part of Cooks Institutes, fol. 29. 137. 230.
Which you may at large read, in my plea before Mr Corbet, recorded in the 8, 9, 10, pages of it, being called, The Resolved mans Resolution, and Mr John Wildmans notable defence against Masterson, called, Truths triumphs, pag: 2. 11, 12, 13, 14. and my late Book of June 8. 1649. entituled, The Legall Fundamentals, &c. p. 6, 7, 8, 9.
See Sir Edward Cooks 1 part Institutes, fol. 294. b. and 3 part, chapt. Conspiracy, is very remarkable: fol. 143. & ch. Perjury, fol. 163, 164, 165, 166. and 4 part, fol. 66.
Which I am sure the House of Commons are not in the least.
See my Book, called, The Peoples prerogative, p. 40, 41, 72, 73. and my Book, called, The Laws Funerall, pag. 15, 16.
And my second Edition of my Picture of the Councel of State, pag. 7, 8.
And my Book of the 8 June, 1649. entituled, The Legall Fundamentall Liberties of the People of England revived, pag. 16. 17. And Mr Wildmans Truths Triumph, pag. 2. 17, 18. And the Laws subversion, or Sir John Maynards case stated, pag. 33, 34, 35, 36. The plea or Protestation of Lionel Hurbin, in behalf of the late four imprisoned Aldermen, pag. 10, 11, 14, 17, 18. and the Aldermens Petition of the 23 April, 1648.
Which at the last end hereof, is printed at large.
Yea, and I am confident in a moneths longer time, if Cromwell and his agents in the House had not hindred us, as they did, we had got above a hundred thousand hands to it; the promoting and prosecuting of which, would in all likelyhood have hindred the Wars that followed, the innocent bloud shed therein, lying principally upon Cromwels score for his constant hindering the setling the liberties of the Nation, and prosecuting to death and bonds, the prosecutors thereof, which bread divisions, and they the Wars.
1 part, Book, Decl. pag. 259, 260, 508, 509, 576, 722, 914.
1 part, Book, Decl. pag. 580, 584, 587, 617, 639, 690.
1 part, pag. 199, 304.
1 part, Book, Decl. pag. 205, 206, 208, 268, 269, 270, 705, 706, 707, 708, 710, 713, 714.
See 1 part Book Decl. pag. 289, 364, 365, 398, 522, 526, 528, 548, 557.
And if these very things should now be judged treason, as they are and were in the Earl of Strafford, I wonder what should becom of all our present Junto at Westminster, and their new thing, called, A Councel of State; undoubtedly the most (if not all) of them, must go to Tyburn, or Tower-hill, there by an halter or axe to receive their just deserts, Amen.
As you may clearly read in the Armies Book of Declarations, page 8. 17. 23r. 25, 26. 32. 33. 35. 37. 39. 40. 41. 45, 46. 52. 58. 61, 62. 76. 97. 101. 105. 110. 112. 118, 119. 132. 137. 142. 144. 150.
For so saith Mr John Wildman in his Truths Triumph, 7. 8. and he was conversant then at the Head-quarters, and knew almost all secrets, See also his Putney projects.
Which Major Huntington confesseth and averreth, in the 6th and 7th pages of his printed reasons for laying downe his Commission, which by way of impeachment against Cromwell and Ireton, he delivered into both Houses of Parliament, August 2. 1648. which because of the pertinency of it, to prove the most of my charge against him, and because it comes from one that then lay at his very heart, and was his choice agent and instrument, in most of his underhand negotiations with the King, then the joy of his heart and the delight of his eyes; I shall incert it verbatim at the last end hereof, and intreat the judicious Reader to peruse it seriously, as as true a piece I believe, as ever was Printed in England, and so I often declared it to be in my thoughts, to diverse of Cromwels owne friends when it was first delivered to both Houses; though I could not joyne with Huntington at that time in the prosecution of it, for Duke Hamiltons hostile invasions sake, though I was often solicited to it by great ones, and I believe then in my lownesse might have had money enough to have done it; but I abhorred it, as Mr Cornelius Holland with other present Parliament-men, very well knowes, and also my reasons therefore.
The Anatomy of which, by Mr. John Wildman, you may fully read in Putney’s Projects. pag.
Which Major Huntington in his foresaid charge, avers to be a truth, pag. 7. he himselfe being the King’s messenger to Ireton with it, which he delivered to him at Colebrook, who received it with joy, and returned by him to the King this answer; that they should be the veriest knaves that ever lived, if in every thing they should not make good whatever they had promised to the King, because the King in not declaring against them, had given them great advantage against their present adversaries, which was the Parliament then sitting at Westminster.
The man is Mr. Hunt, by name, now this present July, 1649. living in Mr Hollands lodgings at Whitehall, and as great a creature of Lieut: Gen: Cromwels now, as ever he was in his life; and now as intimate and familiar with him, as ever.
Then at the Sarazens head in Friday street, with Mr John Wildman, my then bosom Friend, and zealous and bold asserter of Englands freedoms: though now he hath not only lost all his seal, but I am afraid, his honesty, and his principles, and is closed with familiarity and design with Cromwel, although no man in England knows his knavery better then he.
Which I have undeniably proved, in my late Book, of the 8 June, 1649. pag. 34, 35, 36, 37, 38. to be their only design in all their courting of us in the day of their distresse, and that there is no more truth in the promises, and engagements they then made, then in the Devils; who I will never hereafter believe, in whatsoever they say, or swear.
Which is fully witnessed for a truth, by Major Huntington (Cromwels quondam darling) in the 11 page of his foresaid charge; where he declares Cromwels great rejoycing after his first breaking of the Parliament, and getting the remaining part to own the Army, and settle pay upon them: Now, saith Cromwel, we may, for ought I know, be an Army so long as we live; and that he was as able to govern the Kingdom, as either Stapleton, or Hollis, &c. which he declares to be the principall thing, in all his contests with the Parliament, he sought after.
The Statute of 8 Eliz. Chap. 6.
Ezek. 24. 6. 8. 9. 10. Amos 5. 9, 10, 11, 12. Mic. 2. 2, 3. & 3. 3. 4, 9, 10, 11, 12. Nahum 3 1. 2. 19. Hab. 1. 3. 4, 6. & 2. 8. 11, 12. 17. Joe 3. 6, 7. 8.
by Shipmony, Loanemony, Coat & conduct mony, Patents Monopolies, &c.
See the Remonstrance of the State of the Kingdom Decem 1641. p. 5, 6, 7, 8, 9, 10, 11, 14, 15.
See the Kings Answer to the Petition of Right, and also the Parlia. Remon. of May 19. 1642. 1 part Book Dec. pag. 254. 284, 285. See the Kings Answer to the Par. Dec. of May 26. 1642. p. 298.
See the Ord. for Militia. 1641. 1 Book Dec. p. 89. 105. 106. 114, 126. 175, 176. 182. 243. 283, 292.
See the Par. Votes May 20. 1642. 1 part Book Dec. 259 See also p. 465. 509. 576. 580. 584. 617, 618.
See the Kings Deccla. of the 12 of Aug. 1642. 1 part Book Dec. p. 522. 526. 528. 548. & p. 617. 726, 728.
See 1 part book Dec. p. 44, 150. 182. 426. 637. 690.
See Col. Nath. Fienne’s his Speech against the Bishops Canons, made in 1640, in a book called Speeches and Passages of Parl. from 3. Novemb. 1640. to June 1641. p. 50. 51. 52.
See your Remonstance of the State of the Kingdom, book Dec. p. 6. 8. 15. See also the act made this Parliament, that abolished the Star-chamber and High-Commission.
See the statute of Westminst 1. made 3. Ed. 1. chap. 26. & 20. Ed. 3. 1. and the Judges Oath made in the 18. of Ed. 3. Ann. 1334. recorded in Pultons collections of Statutes, fol. 144.
See the 29. c. of Mag. Charta, & Sir Ed. Cooks Exposition upon it in his 2 part Instit. f. 46. to 57. and the Petit. of Right.
See the Petition of Right made in the 3 of the King, and Sir Edward Cooks 2 part Institutes. f. 52. 53. 315. 589. 590. 591. 615. 616. and 661.
See Psa. 15. 4. Exod. 5. 3. Deu. 23. 21. 22. 2 Sam. 21. 5, 6. Eccl. 5. 4, 5.
See Rom. 4. 15.
See 36. E. 3. 15. & 1 Cor. 14. 7, 8, 11, 16, 19, 23. See also the English Chronicles, in the Reign of Wil. conqueror.
See Exo. 24. 7. & 31. 18. & chap. 34. & Deut. 30. 12, 13, 14. & 5. 1, 5, 24, 27, 31. and 6. 1, 6, 7, 8. and 9. 10. and 11. 18, 19. 20. and 27. 8.
See Sir Edward Cook in his 1 part. Inst. l. 3. c. 13. Sect. 701. fol. 368. Where he positively declares it was the native and ancient rights of all Englishmen, both by the Statutes and common Law of England, to pay no Fees at all to any administrators of Justice whatsoever. See also 2 part Inst. f. 74, 176, 209, 210, and 176. And he there gives this reason why Judges should take no Fees of any man for doing his Office, because he should be free and at liberty to doe justice, and not to be fettred with golden Fees, as fetters to the subversion or suppression of truth and Justice.
See the Articles of high Treason in our Chronicles against. Judg Tresilian, in Richard the seconds time; and the judgment of Justice Thorpe for taking money in Edward the Thirds time, 3 part Cooks Instit. fol. 145, 146, 147: 163: 164: 165.
See 1 part Book Dec. p. 9.
See Sir Ed. Cook 1 part Instit. l. 3. c. 7. sect. 438. fol. 260. a. who expresly saith, Imprisonment must be a safe custody, not a punishment; and that a prison ought to be for keeping men safe, not to punish them. See also 2 part Institut. f. 43. 315. 589. 590. 591. & 3. part fol. [Editor: illegible] 35. & 4 part 168.
See the Statute of the 4 E. 3, 2. 12 R. 2. 10.
See 1 part Book Declar. page 14.
See the Armies last Representation to the House.
28 Edw. 1. Chap. 8. & 13. See 2 part. instit. fol. 174, 175, 558, 559. where Sir Ed. Cook positively declares that in ancient times by the common Law of England, the Coroner, the high Sheriff, Justices of peace, Verderors of Forests; yea, and in times of Warre, the Leaders of the Counties souldiers, were chosen in full Counties by the Freeholders.
It hath been a Maxime amongst the wise Legislaters, that whosoever means to settle good Laws. must proceed in them with a sinister, or evill opinion of all mankinde, and suppose that whosoever is not wicked, it is for want of opportunity; and that no State can be wisely confident of any publick Minister continuing good, longer then the Rod is over him. It is the opportunity of being ill that must be taken away, if ever we mean to be happy; which can never be done but by frequency of change: Speeches and Passages, pag. 17.
See your Declaration of the 19 of May, 16. 12. 1 book Declarat. pag. 207. And your Declaration of Novemb. 1642. pag. 690. 726. 728. as also pag. 150. See the Armies book of Declarat. p. 39. 40.
Psal. 82, 1, 2, 3, 4.
And I John Lilburn have heard from very good hands [I will not now say, from the Cornets own month] that it was delivered to him in Cromwels own Garden in Drury-lane, Colonel Charles Fleetwood being by.
And yet see the Generals Letter from Cambridge of 6 June 1647, of the Kings providential or accidentall coming to them without the privity of him, or any of his Officers, Armies book of Declarat. p. 22.
Sir Edw. Ford a professed Papist, and one that had broken prison out of the Tower of London, was at that time Iretons constant bed-fellow, at whose lodging constant royall Cabals was held; and yet at the same time Ireton, &c. impeached Hollis and Stapleton for high Treason, for private correspondence with the King. Armies Book of Declar. pag. 81, 82, 83.
Yet read Iretons &c. Remonstrance from St. Albans, and you shall finde the quite contrary; yea, and that the things here they plead for, they there condemn as the highest Treason; as evidently there appears, pag. 15, 16. 17: 22, 23, 24: 32: 48: 50: 62.
Who, I am sure daubed & jugled not as the others did, but spoke his mind freely; for in the tower he give me I. Lilburun a full account of that businesse, yea and sufficiently then told Sir I. Maynard, Commissary Coply &c. of Iretons, &c. Base jugling and underhand dealing, daubing, and dissembling with the King.
See Putneys projects and the 2 part of Englands new Chains discovered, pag. 6.
The designe of which letter was twofold:
1. Under pretence of reall good to the King, whom they now desired to be rid of, as having made all the use of him they could (being the Scots had bid more for him then they would give) to get him into a new snare: which in my judgment they plainly confesse in their late Remonstrance of 16 Nov. 1649. pag. 53. The second was, To destroy the new nick-named Levellers for a generation of bloody men, that sought to murder the King, who stood also in the way of their intended tyrannicall Reign; which was a main invention of Cromwels own brain, with the base assistance of my Brother Henry Lilburn, as I long since truly declared in two of my Books, viz. The Peoples Prerogative, pag. 52. And A Plea for an Habeas Corpus, pag. 12. See also The second part of Englands Chains, pag. 6.
See their notable reasons and height of expressed zeal for frequent and successive Parliaments, in their book of Decl. pag. 41. 42. 43. 44. 129. 142. and in the first of their Proposals dated August 1. 1647. they fix upon the certain period of a yeer for ending this Parliament: yea, and in their last Declaration from St. Albans, in pag. 45. 46. complain most bitterly against a perpetuall Parliament, and the ill constitution of this by Burrough-towns, &c. yea also in pag. 65. ibidem propose and earnestly presse again for fixing a certain period to the dissolution of this; and also in pag. 15. 52. 66. 67. propose many excellent things for the future constitution of sure and often successive Parliaments: See my inferences upon all their &c. premisses upon this subject in my last book of the 8 of June 1649. from p. 43. to p. 59. Yea, and in their first article accuse the King of treason & tyranny in not keeping of frequent & successive Parliaments. See also his case stated, p. 7, 11, 14, 17, 18, 20. See Bradshaws Speech against him at his tryal, Jan. 27. 1648. p. 11.
Nay, I Iohn Lilburn am confident, from the whole series of his actions, to prove, that he holds it lawful for a man to commit any manner of wickednesse and basenesse whatsoever that can be named under the sun for the accomplishment of a mans proposed end, whether in it self it be wicked or righteous; yea to cheat, break faith with, and murder the nighest Relations a man can converse with; yea, and for that and onely, to raise Wars upon Wars, to the devastation of Kingdoms and Nations; the peoples lives really and truly being of no more value with him, then so many dead dogs, serving him for no other end, but to be his footsteps to climb up to the top of his Authority, or Elective Knighthood.
Then his induction is better then theirs, that come in by absolute conquest, and now govern us by the sword, as slaves.
But H. Peters saith there is now no Law, but the sword and the wil and pleasure of those that now rule by it. See his discourse with mee, 25. May, 1649. p. 4. 5.
Cromwels, and the rest of the great Swordmens constant practice.
And so, hath Cromwel and Ireton, &c. which I will prove upon my life; and therefore as traitors, ought to dy much more then the King, who till now hath by Parliaments, &c. themselves been often declared not to be subject to the penall part of the Law.
Of which years war Cromwel & Ireton by their cheating, jugling & hindering the selling the liberties of the Nation, are & were more guilty of by thousands of degres then the King or any of his party, and if they had been but honest to their primitive engagements, the wars had never been, upon whose heads alone principally all the blood shed in those wars lyes, say I, Iohn Lilburn.
But I am sure the chief prosecuters of this charge have made us now perfect slaves, and are most superlatively guilty of all that in the next words followeth.
mark this well.
Which as they carry their businesse, they judge to be no more but Cromwel, Ireton, Bradshaw & Haslerig, all the rest being really their slaves in several degrees.