1A Declaration, &c.
THere can be nothing more evident to any that will give themſelves leave maturely to weigh and compare the paſt and preſent ſtate of affaires in this Kingdome with an impartiall Judgement, than that all the preſſures formerly impoſed, the late Warre, the preſent diſtempers, and future threatned danger thereby, doe all grow out of the ſame root, and flow from the ſame fountaine; and will lead, if they be purſued, to one and the ſame end, Even that which was firſt in the intention of the firſt Deſigners, The ſetling of Tyranny, and inſlaving the People. And although he that ſhall look upon theſe things only en paſſant, will ſcarce believe that ſuch different Principles and pretentions as are held out to view, ſhould ſerve the ſame ends. And though it ſhould ſeem there could be nothing at greater diſtance to the intention2 of ſome, who are abuſed into theſe diſtempers, than to promote ſlavery and haſten ruine. Yet they who are unintereſſed and uningaged in them, and inſtructed in, and convinced of the Grand Deſigne of thoſe who began our troubles, and how it is ſtill carryed on ▪ can both ſee the Artifice by which they are raiſed and fomented, and the End to which they tend, and where at they are like to arrive; There is no need to reckon up what the ſtate of this Kingdom was before the breaking out of theſe troubles, being in ſuch condition of wealth, and all mnaner of proſperity, as made it the Subject of Envie to thoſe who knew not what was deſigned againſt it. But no leſſe than an abſolute Tyranny would pleaſe the King, to command the hearts of his people by a juſt Government, according to the Lawes, and the Limits of his Truſt, and there by to command their perſons, and purſes, and all; for the good of all, was beneath Royallity. And that it was fitter for a King to take, than ask, was then State Doctrine, and the practiſe ſuitable. We were to be modelled to a forreign pattern, and in purſuance thereof, all manner of Arbitrary exactions, and impoſitions were laid upon the people, the particulars will not be forgotten this Age, and need not a recapitulation. A Conſumption had ſeized the people, and their uſuall Phyſick was denyed them; and when twas grown dangerous even to ſigh for a Parliament, the Kings neceſſities by the ſtirres in Scotland inforce him to call one. But that was not the firſt the King had broken, and he then knew well enough when it would not ſerve his turne, and verefie Edicts, How to keep it from ſerving the people for the recovery of their Liberty: His neceſſities encreaſe, this preſent Parliament is called; and in regard of ſo many broken before, this3 was not able to ſerve the neceſſities of the Kingdome, unleſſe it were put beyond his power to break; And therefore was continued by Law till the Houſes by joynt conſent ſhould diſſolve it; Now the King being faſt, as to uſuall Court Stratagems, hath recourſe to force, deales with one Army, tempts another, fruſtrate in both; impeacheth Members, comes himſelfe to fetch them, nothing takes; He retires into the North, reſolves a Conqueſt of the Parliament, the People, the Lawes, and though to blind the ſhort-ſighted multitude, He forbids the repaire of Papiſts to the Court, yet his principall Aſſiſtants in it are thoſe his good Subjects; He ſet up his Standard, raiſeth an Army, maketh Warre againſt the Parliament and Kingdome, and put it to the tryall of the Sword, whether he ſhall govern by the Lawes, or by his Will without Law. In the proſecution of which appeal to the Lord of Hoſts, he hath loſt his Cauſe, which ſtands determined againſt him by a full Conqueſt of all his forces; And thereby an happy opportunity given, not only to deliver from thoſe late Exactions, and to make their returne impoſsible, but for the recovery and eſtabliſhment of all that juſt Freedome that may make a people happy, as they ſtand in the Naturall Conſtitution, and Civill Conſociation, and diſtinct and mutuall relations of the people of England; if themſelves hinder not.
The way of force being at an end, but there being no end of the malice of our Enemies, but the ſlaverie of the Nation; and the ruine of all thoſe faithfull Patriots that hath hitherto hindred it.
They convert now their whole induſtry to the mannage of that Maxime (Divide and Rule) as to the only Engine left them to attaine their ends, yet this is not now firſt in4 practice amongſt them, it hath had its part during all the time of the Warre (though not ſo ſtrenuouſly purſued, while they had other hopes) by raiſing and fomenting of factions, and diviſions in all places, Armies, Councels, Cajoling all ſorts by all thoſe Artifices, whereby their Intereſts, humours, and diſcontents might be wrought upon. Thus they have had their Emiſſaries under every diſguiſe, who have laboured to divide the people among themſelves; and Characterize that diviſion by diſtinguiſhing Names, and to divide them all from the Parliament by ſeverall pretences; that it being naked of the protection of their force, might be unable to protect the people by their Authority. The Pulpits have ſerved the Kings Intereſt, while they thought they purſued their owne. (The Inſtruments putting them on, being a New Malignant party, under a diſguiſe, they not diſcerning they were acted by the old one, through the entremiſe of theſe,) and while they have divided the people, they have left them leſſe able to defend themſelves: Diviſion among themſelvs is not al, they divide alſo from the Parliament: for the people being wont to believe what ever they hear from that place, by thoſe men, have from thence been abated in their reſpect and opinion of the Parliament. Hence the City Remonſtrance, and hence the firſt viſible turne to their Actings toward the Parliament: The ſame Inſtruments tell the ſouldiers of their Arrears, ſtrengthen their reflections upon their merit, help them to heighten the ſenſe of their preſent wants, and ſufferings, and in the meane time labour all they can poſſibly, both in the Houſes, and among the people, to hinder the advancing or levie of moneys to ſatisfie them. And what workings there hath been, both toward, and in the Army under the5 Command of Sir Thomas Fairfax, to breed faction and diviſion there, to irritate it, or to break it, by whom it was done, and whoſe intereſt thoſe men carried on, all men know. And how incredible ſoever it ſeem, yet even the Cries for liberty, endeavors of levellin•perfectly play the Kings Game; his Tyranny can with greater eaſe overflow a levell, then where it meets with the oppoſition of the power of the Kingdom in the Parliament. The Inſtruments of thoſe deſignes, know that it is impoſſible for Tyranny ever to grow again upon Us, till that power be taken away, or diſabled, by which it hath been broken, and our right recovered; and that ſo long as the people acknowledge their Protectors, and own their Protection, they will be ſafe under it. The Woolves perſwade the Sheep, if the Dogs were away, there would be a happy peace between them. The difficulty now is, to make the Sheep believe they are Woolves that make the overture.
The truth is, tis the greateſt pity in the world that plain and ſimple integrity, and well-meaning innocency ſhould be deceived. But their unhappineſſe is, there is nothing eaſier; it is neceſſary the Serpent & the Dove ſhould go together, elſe he that only conſults his own Candor and Integrity, will never believe that another mans Propoſitions or Deſigns have any worſe principle. When Abſolon went about to dethrone his father, there followed him three hundred men from Jeruſalem, that went in the ſimplicity of their hearts, knowing nothing: the man pretended only a Religious Vow, and theſe poor, believed him, And every age produceth ſufficient numbers of as little foreſight; and there is no doubt, but if many among thoſe that promote the dividing deſtructive Agreement of the people, and indeavor an Anarchicall levelling,6 had had but as much light to have judged the deſigns of their leaders, and to have foreſeen the end of their motions, as they have good meaning, their Muſters had never ſwelled to the numbers they account them, though in that there is very little credit to be given to their own Roll.
It hath not been the leaſt part of the Art of thoſe that drive on theſe deſigns, to imploy ſuch to ſerve their turns, whoſe former merit might ſeem to priviledge a miſtake in their duty, and that it muſt be ingratitude at leaſt, if not cruelty in the Parliament to proceed to any ſevere animadverſion againſt men of ſo much merit as the Leaders, or ſo large and good affection as their followers.
In which Stratagem, they have not failed, for by the Parliaments lenity and forbearance toward ſuch men, (in hope they would ſee their miſtakes, and return to the wayes of their duty and ſafety,) they are grown to that height, both by making Combinations; Printing and diſperſing all manner of falſe and ſcandalous Pamphlets and Papers againſt the Parliament, to debauch the reſt of the people, gathering monyes, and making Treaſurers and Repreſentons of themſelves, as it is neceſſary to obviate by preſent and effectuall means. And the Parliament can no longer ſuffer them in theſe ſeditious wayes, without deſerting their truſt in preſerving the Peace of the Kingdom, and the freedome and property of peaceable men.
Among all the Inſtruments they have out-witted to carry on their deſigns with this ſort of people, there are none have viſibly done them more ſervice then Lieutenant Col. Iohn Lilburn, a man who hath made himſelfe ſufficiently known to the world, by thoſe heaps of ſcandalous Books and Papers that he hath either written, or7 owned againſt the Houſe of Peers, and ſuch as have done him greateſt courteſies; filled with falſhoods, bitterneſſe, and ingratitude, whereby he hath given himſelf a Character ſufficient to diſtinguiſh him (with the Judicious) from a man walking according to the rules of ſobriety, and the juſt deportment of a Chriſtian: 'Tis true, he ſuffered much from the Biſhops, in the time of their exorbitancies, and he was one of the firſt the Parliament took into their care for liberty and redreſſe. But the preſent temper of his ſpirit, gives ſome ground to beleeve, that he added much to the weight of his preſſures, by his want of meekneſſe to bear what Providence had laid him under.
'Tis alſo true, that he hath done good ſervice for the Parliament, and adventured his life, and loſt of his blood in the Common Cauſe. But ſome that know him, well obſerve, that he brought not the ſame affections from Oxford, that he was carried priſoner thither withall; though indeed he hath alſo done ſervice ſince that time. And the Parliament hath not been unmindfull either of his ſufferings, or of his ſervices, but hath given him ſeverall ſums of money, notwithſtanding the Committee of Accounts reported to the Houſe, that in their judgements there was nothing due to him.
But let his ſervices be as great as himſelf, or his friends will have them, yet 'tis poſſible for a man to reflect too much upon his own deſert; and mens overvaluing their ſervices, have oftentimes produced ſuch ſubſequent Actions, as have buried their firſt merit in a puniſhment.
It is very probable, many of thoſe that he miſleads into theſe dangerous Actions, look upon him as a Martyr in the Cauſe againſt the Biſhops; and believe that all his zeal is only for the promotion of Righteouſneſſe, and8 juſt things, and for the Vindicating and Aſſerting the peoples liberty againſt Oppreſſion and Violence, and that only by Petition, and indubitably juſt, and allowed way for all men to ſeek their grievances by, and by which they may without offence, addreſſe to any authority or greatneſſe whatſoever.
To take off this diſguiſe, and diſabuſe well meaning men, who cannot judge him by his Character drawn of himſelf, by himſelf, in his ſeverall books; It will be neceſſary to give the world a Narrative of what his deportment and carriage was toward the Houſe of Peers, upon which he was impriſoned, it having yet been ſpread to the World, only as he and his friends have pleaſed to dreſſe it, all which is taken out of the Records of that Houſe, and is as followeth.
UPon the publiſhing of a Book by him written, called, The juſt mans Iuſtification, and complaint thereof made to the Houſe; It was Ordered the 10. of Iune, 1646. That Lieutenant Colonel Iohn Lilborne ſhall appeare, and anſwer ſuch things as he ſtands charged with, concerning a Book entituled, The juſt mans Iuſtification. The 11. of Iune he appeared, and there delivered at the Barre a paper, entituled, The Proteſtation, Plea, and Defence of Lieut. Col. Iohn Lilborn, given to the Lords at their Barre, the 11. of Iune, 1646. with his Appeal to his proper and legall Tryers, and Judges, the Commons of England aſſembled in Parliament. In which Proteſtation, after he hath acknowledged an Obligation to the Houſe, for dealing juſtly and honourably with him in a Parliamentary way, in a buſineſſe of his, lately before that Houſe, yet that he9 would not ſubmit to any Judgement of this Houſe againſt him in a criminall Cauſe; but would rather undergoe all deaths or miſeries which the wit of man can deviſe, or his power and Tyranny inflict; And cloſeth his Proteſtation in theſe words, Therefore doe from you, and from your Bar, as Inchroachers and uſurping Judges, appeal to the Barre, and Tribunal of my competent, proper, and legall Tryers and Judges, the Commons of England aſſembled in Parliament: which Proteſtation being contrived, and prepared by him upon premeditation, and given in at the Barre with ſo much contempt of and affront unto the Priviledges of this Houſe, It was upon conſideration thereof had, Ordered that the ſaid Lieutenant Collonel Iohn Lilborn ſhould ſtand committed to Newgate, for bringing into the Houſe a ſcandalous and contemptuous paper, And that the Keeper of Newgate doe keep him in ſafe cuſtody.
The 23. of Iune following, the Houſe Ordered he ſhould be brought into the Houſe as a Delinquent, being formerly committed as a Delinquent. At which time being brought to the Barre according to the ſaid Order, he refuſed there to kneele, which is the conſtant poſture, and ſo known to be; and accordingly practiſed by all who are ſent for as Delinquents by either of the Houſes. And upon that refuſall, the Houſe Ordered, That he ſhould for that his contempt to the Houſe, be committed cloſe priſoner to Newgate, And that none be ſuffered to reſort to him, nor any pen and inke to be allowed him, untill the Houſe ſhould take further Order therein, And it was then further Ordered, That the Kings Counſell, with the aſſiſtance of Mr. Hailes, Mr. Herne, and Mr. Glover, ſhould draw up a Charge againſt10 him with all convenient ſpeed, and that they ſhould adviſe with the Judges herein, and acquaint them with precedents: Which Charge being by the ſaid Councell drawn up into certaine Articles, and brought into the Houſe by Mr. Nathaniel Finch, his Majeſties Serjeant at Law. Iuly 10. Containing matter of high crimes, and miſdemeanors, (and ſuch as only concerned the Houſe of Peers in the Priviledges thereof, and ſome of their Members, of which matters, We are certainly the unqueſtionable and undoubted Judges) which Charge was then and there read. And it was then Ordered, That the ſaid Iohn, Lilborne ſhould be brought to the Barre next day, which was done accordingly. And he being there, was required to kneel at the Barre (as is uſuall in ſuch caſes) and to hear his Charge read, that he might make his defence thereto; he did not only refuſe to kneel, as before he had done, but when the Houſe commanded his Charge to be read, he ſaid he would not hear, and upon reading thereof he ſtopped his eares with his finger. Being commanded to withdraw (after the Houſe had taken this his contemptuous carriage into conſideration) it was Ordered, That he ſhould be called in again, and admoniſhed, and told, that by his ſtopping of his ears, his ill language, and contemptuous and ſcornfull deportment, he had deprived himſelf of what favour he might have had in the Houſe. And commanded him againe without ſtopping of his ears to hear his Charge. He anſwered, he had appealed from this Houſe (as not his competent Judges) to the Houſe of Commons, to which he would ſtand ſo long as he had any bloud in his body. The Houſe again commands his Charge to be read, and he again told them he would not hear it, And accordingly11 he again ſtopped his eares while it was readings being asked what he ſaid to his Charge, he anſwered he heard nothing of it, had nothing to doe with it, tooke no notice of it, but would ſtand to his Proteſtation, having appealed from this Houſe, and proteſted againſt it, as unrighteous Judges, to thoſe Judges who were to judge him and them, namely the Houſe of Commons aſſembled in Parliament. Being again commanded to withdraw, the Houſe took his refuſall as an Anſwer pro Confeſſo to the whole matter of his Charge. And taking into conſideration, the high contempt to the honour and dignity of the Houſe of Peers, ſhewed by his words and ſpeeches at the Barre, which were alſo contained in his Charge. It was amongſt other things adjudged, That Lieutenant Colonel Iohn Lilborne for his high contempt to the honour of the Houſe, ſhould be impriſoned in the Tower of London, during the pleaſure of the Houſe. And upon conſideration of the whole matter of his Charge, it was likewiſe amongſt other things adjudged, that he be impriſoned ſeven years.
Had this Contemptuous carriage been ſhewed to the meaneſt Court in the Kingdome, or to a ſingle Juſtice of the Peace, he would certainly have been committed for misbehaviour. Courts and Magiſtrates are no longer able to execute the duty of their places, and diſcharge their truſt in the adminiſtration of Juſtice, than they keep up and maintain their Dignity and Authority from the tramplings and contempt of Delinquents. And there is no doubt but theſe approaches made by Lieutenant Colonel Iohn Lilborne, and carried even within the walls of the Lords Houſe with ſo little loſſe, was a maine encouragement to that generall aſſault and force upon both12 Houſes, upon the 26. of Iuly laſt, by that Rable of Reformadoes, and of the Prentices ſet on and encouraged, by the known Malignant-then-ruling-part of the City. This carriage of his might ſeem ſufficient to diſcover the Man, and being known, might warn every well-tempered and peaceable diſpoſition, to take heed of engaging in any Deſigne that may be the conception of ſuch a Spirit: the birth whereof can portend nothing but Diſtraction and confuſion. And the better yet to undeceive wel-meaning men, who may perhaps believe the Reſults and productions of the late frequent, and numerous meetings of him, and his party, in and about the City, are of a contrary•omplexion and tendency, and can ſerve no other end than a firme and ſpeedy ſetling the peace and tranquillity of the Kingdome, which all good men deſire and ſhould promote; They may here take notice of what was delivered to the Houſes of Parliament, by Mr. Maſterſon Miniſter of Shoreditch, who was preſent at one of thoſe meetings, And which was alſo (after many denials, tergiverſations and prevarications, by the ſaid Lieutenant Colonel Iohn Lilborne, and the lie given (or words that ſignified as much) to Mr. Maſterſon in the Houſe of Commons (who was confronted there with him at the Barre) confeſſed by himſelfe, in every particular one only excepted. The whole Relation whereof is here printed from the Copie, ſigned by the ſaid Mr. Maſterſon with his own hand, and is as followeth.
13At a meeting in Well-Yard, in, or neer Wapping, at the houſe of one Williams a Gardiner, on Monday the 17 of Ianuary. 1647.
THere were Aſſembled Lieutenant Colonel Iohn Lilburn, Iohn Wildman, (with many others) debating a Petition, when I and one Robert Malbor of Shorditch Pariſh came in; anon after we entred the Room, one Lieutenant Lever Objected againſt the manner of their Proceedings, and ſaid, That he liked well enough the particulars of the Petition, but he did not like the manner (namely) of Petitioning the Houſe of Commons, for (ſaid he) They have never done us any Right, nor will they ever do us any: To this Lieutenant Colonel Iohn Lilburn Anſwered, We muſt, ſaid he, own ſome viſible Authority for the preſent, or elſe we ſhall be brought to Ruine and Confuſion: but when we have raiſed up the ſpirits of the people through the whole Kingdom whether it be nine dayes hence, or a moneth, or three moneths, when the Houſe ſhall be fit to receive an Impreſsion of Juſtice) We ſhall FORCE. them to grant us thoſe things we deſire.
Lieutenant Colonel Iohn Lilburn did then and there Affirm, That the People of London had appointed ten or twelve of their Commiſsioners, (whereof he the ſaid Lilburn was one) though he ſaid likewiſe, that the honeſt Blades in Southwark did not like the word Commiſsioners. Theſe Commiſsioners were appointed to promote the Petition, and ſend out Agents into every City, Town, and Pariſh, if they14 could poſsibly) of every County of the Kingdome, to inform the people of their Liberties and Priviledges; and not only to get their hands to the Petition, for (ſaid he) I would not give three pence for ten thouſand hands.
A plain man of the Company Objected againſt that way of Proceeding, thus: Mr. Lilburn (ſaid he) we know that the generality of the People are wicked, and if (by the ſending abroad of your Agents into all the Pariſhes of the Kingdom) they come to have power and ſtrength in their hand, We may ſuppoſe, and fear they will cut the throats of all thoſe who are called Roundheads, that is, the honeſt, godly, faithfull men in the Land. Lieutenant Colonel Lilburn Anſwered, Piſh (ſaid he) do not you fear that, he that hath this Petition in his hand, and a Blue Ribb and in his Hat, need not fear his throat cutting; or this Petition in your hand, will be as good as a Blue Ribband in your Hat to preſerve your throat from cutting. It was further Objected by one of the Company that ſat at, or neer the upper end of the Table, That it was not fit to diſturb (or to that purpoſe) the Houſe at this time, ſeeing they had made ſuch excellent Votes concerning the King, and had appointed a Committee to hear, and report all our grievances. Lieutenant Colonel Lilburn Anſwered, Do you know, ſaid he, how thoſe Votes were procured? (or words to that effect.) Some Anſwered, No; nor did they care, ſince the Votes (as they apprehended) were ſo excellent; Lieutenant Colonel Lilburn ſaid he could tell them. There was (ſaid he) a bargain ſtruck between Crumwell, Ireton, and the King, and the bargain was this, They (namely Lieutenant Generall Crumwell, and Commiſſary Generall Ireton) by their influence on the Army, ſhould eſtate the King in his Throne, Power, and Authority; and for their Reward, Crumwell ſhould receive15 (or had received) a Blue Ribband from the King, and be made Earl of Eſſex, and his ſon Ireton, either Lord Lieutenant, or Field Marſhall of Ireland: and this he (the ſaid Lieutenant Colonel Lilburn) ſaid he would make good to all the world.
Lieutenant Colonel Lilburn ſaid further, that certain Information of this comming to a Member of the Houſe of Commons, our good for beſt) friend: I need not name him, ſaid he, I ſuppoſe you all know him; his father was a Parliament man, and a Knight, but he is dead, and this Gentleman his ſon is of his Chriſtian name (as they call it) a man of a good Eſtate. This Gentleman, ſaid he, takes upon him a noble Felton reſolution, that (rather then a Kingdome ſhould be inſlaved to the luſt of one man) he would diſpatch him (namely Crumwell) wherever he met him, though in the preſence of the Generall Sir Thomas Fairfax himſelf, and for that end, provided, and charged a Piſtoll, and took a Dagger in his Pocket, that if the one did not, the other ſhould diſpatch him. The ſaid Lieut. Col. Iohn Lilburn, (being asked how it came to paſſe that he did not effect it, and Act according to his reſolution? Anſwered, The Gentleman (ſaid he) communicating his reſolution to a Member of the Houſe of Commons, a Knight whom he judged faithfull, the Gentleman was by this Knight ſhut up in his Chamber in White Hall a whole day; and the Knight diſpatched an expreſſe to Crumwell, to inform him of the Gentlemans Reſolution; whereupon, Crumwell (apprehending his perſon in danger) called a pretended day of Humiliation; there he was reconciled to the Officers of the Army, drew up a Declaration to the Houſe, which begat and produced thoſe Votes. Vpon this John Wildman ſaid, That he knew three other men (at the ſame time) had taken up the ſame Reſolution of killing Crumwell, and there was not one of them that knew the Intentions of another:16 likewiſe the ſaid Iohn Wildman ſaid, That he would never truſt honeſt man again for Crumwels ſake.
Lieutenant Colonel Lilburn, and the ſaid Iohn Wildman (ſpeaking promiſcuouſly in the Commendation of the ſaid Petition) one or other or both of them affirmed, That this Petition was of more worth and value, then any thing they had ever yet attempted; and that ſome great Malignants (as they are called) told them, that if they were not ingaged to the perſon of this King, and had perſonally ſerved him, they would ingage with them; and the ſaid Malignants gave them incouragement to go on with it, ſaying, it was the moſt rationall piece that they had ſeen: And that they (the people aſſembled) might underſtand how the Petition had wrought already, they affirmed that it (the Petition) had made the Lords Houſe to quake, and the Commons themſelves to ſtinke: and that before the Petition was two dayes old, or had been two dayes abroad, the Lords (I ſhall not need to name them, ſaid he, but the greateſt Earls of them in Eſtate, in Authority and Popularity) ſent to us a creature of their own to Article with us, and offered (ſo we would deſiſt-from promoting the Petition) to conſent to all our priviledges and liberties that we deſired in our Petition, ſo that we would abate them their Legiſlative power. Lieutenant Colonel Lilburn ſaid further, When they ſaw we would not deſist, they (the Lords) offered us thirty thouſand pounds, if we would yet ſit down, and lay the Petition aſide: nay, more ſaid he, but here the ſaid John Wildman interrupted him, and ſaid, Prethee do not tell all, but Lilburn replied, He would, and they ſhould hereby ſee their (the Lords) baſeneſſe, whereupon going on, he ſaid, This morning they ſent to this Gentlemans Chamber (laying his hand upon Wildman) at the Sarazens head in Fridayſtreet, and offered him, that if we would forbear to Promote17 this Petition, they would be content for their heirs and ſucceſſors, to cut off the Legiſlative power from them by Ordinance or Act for ever, ſo we would let them quietly injoy the Legiſlative power for their lives.
Lieutenant Col. Lilburn told them, That they (the Commiſſioners) had their conſtant meetings on Mondays, Wedneſdays, and Fridays in the evening at the Whalebone; and the other three dayes at Southwark, Wapping, and other places, with their friends; and that upon the next Lords day they were to meet at Dartfort in Kent, to receive an account of their Agents, (from Graveſend, Maidſtone, and moſt of the choice Townes in that County) how they had promoted the buſineſſe there.
Lieutenant Colonel Lilburn drawing a Paper-Book from under his ſhort Red Coat, and turning over the leaves of it, told them that there were certain Letters, one to Colonel Blunt, another (as I remember) to Sir Anthony Welden; and that he ſaid, he wrote himſelf likewiſe divers Letters to our friends the well-affected of ſuch and ſuch a County, whoſe names I remembred not: he the ſaid (Lieutenant Colonel) told them likewiſe, That becauſe the buſineſſe muſt needs be a work of charge (there being thirty thouſand Petitions to come forth in Print to morrow, and it would coſt money to ſend their Agents abroad, though the honeſt ſouldiers now at White Hall would ſave them ſomething in ſcattering them up and down in the Counties) they had therefore appointed Treaſurers, namely Mr. Prince, Mr. Chidly, and others, and Collectors, (whoſe names as I remember, he did not reade) who ſhould gather up from thoſe that acted with them, of ſome two pence, three pence, ſix pence, a ſhilling, two ſhillings, half a Crown a week: and thus promiſing to meet them the next night, he tooke leave.
18But immediately before his departure told them, that they ſhut him up in the Tower the night before, but they ſhould not have his company theſe fourteen nights for it. This is the ſumme and ſence of that which was delivered, and affirmed in the Houſe of Lords, at the conference, and in the Commons Houſe by
BY this teſtimony of Mr. Maſterſon (which was all but one particular, as was ſaid before, confeſſed by Lieutenant Colonel Iohn Lilburn himſelfe) Its hoped all men truly conſcientious will take heed how they comply with theſe men, who have conceived thoſe black deſignes in the dark, and think to bring them forth by murders and aſſaſsination; certainly theſe Councels look as if they were ſuggeſted from him that is a Murtherer from the beginning, and yet many are drawn into the ſame guilt, danger, and diſſervice to the peace of the Kingdome. The Conſpiracy ſeemes to be formed, and the actings to be at hand, Treaſurers choſen, Collectors appointed, moneys gathered, Emiſſaries ſent abroad to ſtirre up the people; Murders and aſſaſsinations are undertaken, and Lilburn, and Wildman know the Inſtruments. Can any man now that deſire to have Peace, and proſperity ſetled, and conſerved, and that abhorres to think of Confuſion of all things, and the effuſions of innocent bloud, wonder if the Parliament takes care in diſcharge of their Truſt, to make abortive theſe monſtrous conceptions, and prevent the like for the future, by preſent ſecuring in order to puniſhing the Authors of theſe?
To ſay any thing further upon this relation ſeems19 needleſſe, it being not imaginable, That after ſo clear and full a diſcovery, there ſhould be found any man, either ſo ſimple, or ſo wicked, as not to diſcover the monſter under the mask, to ſee the danger, hate the deſign, and feare the Event; and that will not flie from the Councels & Companies of theſe Peſts and Incendiaries, who while they cal themſelvs Chriſtians, do yet project, or elſe at leaſt conceal, and applaud deſigned murthers and aſsaſsinations. And that all men may the better ſee, what is like to be the end to which theſe actions•end, let them here take this account given from a ſure hand in forreign parts, Namely, that a Prieſt, a Chaplaine of a forrain Miniſter of State, whoſe name (which is to be concealed) ſeemes to make him an Engliſh man, was lately employed hither as a Spie, and at his returne gives this account to his Maſter, and to other Confidents, That there are foure hundred Miſsionaries now in London, and in the Army, under ſeverall diſguiſes, and that ſome of them act the Preacher, all which, with all diligence attend the ſervice of their Miſſion, with hope to give a very good account to their Superiours: Are not theſe Deſignes, theſe Councels, and the violent carrying thereof, more like to be the Doctrine of thoſe Wolves under Sheeps skins, than of any man that hath reſigned up himſelf to be led by the Spirit of God.
But that which covers all is, that you doe but Petition, and addreſſe to the Houſe of Commons, with much ſeeming reſpect and deferencie. But, what account you make of their Authority, is ſeen by Lieutenant Colonel Lilburns Anſwer to Lieutenant Level his Objection, and what account of all the Parliament hath done, in aſſerting and vindicating the juſt freedome of the Nation, is ſeen20 in the ſaid objection. And how farre you meane to attend upon, and acquieſce in the Judgement of the Houſe, to which you addreſſe, is likewiſe ſeen in ſome of the Letters mentioned by Mr. Maſterſon, to be ſent to their friends, the wel-affected of ſuch and ſuch a County. That, to all the peaceable and wel-minded people in Kent, who deſire preſent Peace, Freedome, Juſtice, and common Right, and good of all men, is, as followeth, the Originall whereof is ready to be produced when occaſion is.
Worthy Gentlemen, and dear Friends,
OVr bowels are troubled, and our hearts pained within us, to behold the Diviſions, Diſtractions, heart-burnings, and contentions which abound in this diſtreſſed Nation, and we are confounded in our ſelves upon the foreſight of the confuſion and deſolation, which will be the certain conſequence of ſuch diviſions, if they ſhould be but for a little time longer continued; there are now clouds of bloud over our heads again, and the very rumors and fears of Warre hath ſo waſted Trading, and enhaunſed the price of all food and cloathing, that Famine is even entring into your gates; and doubtleſſe, neither pen nor tongue can expreſſe the miſery, which will enſue immediately upon the beginning of another Warre; Why therefore O our Country men, ſhould we not every man ſay each to other, as Abraham to Lot, or Moſes to21 the two Iſraelites, Why ſhould we contend each with other, ſeeing we are brethren? O that our advice might be acceptable to you, that you would every man expoſtulate each with other, and now while you have an opportunity, conſider together, wherefore the contention hath been theſe ſix or ſeven years! Hath it not been for freedome and Iuſtice? O then propound each to other the chief principles of your freedome, and the foundation of Iuſtice, and common Right, and queſtionleſſe, when you ſhall underſtand the deſires each of other, you will unite together inviolably to purſue them.
Now truely in our apprehenſions, this work is prepared to your hands in the Fetition, which we herewith ſend to you; certainly, if you ſhall all joyne together to follow reſolutely, and unweariedly, after the things contained in that Petition, the bloud and confuſion which now threaten us may be prevented, and the ſweet ſtreames of Iuſtice will run into your boſomes freely without obſtruction; O that the Lord may be ſo propitious to this tottering Nation, as to give you to underſtand theſe things which belong to your Peace and welfare!
Many honeſt people are reſolved already to unite together in that Petition, & to proſecute the obtaining it with all their ſtrength; they are determined, that now after ſeven years waiting for Juſtice, Peace, and Freedome, they will receive no deniall in theſe requeſts which are ſo eſſentiall to their Peace and Freedome; and for the more effectuall proceedings22 in this buſineſſe, there is a Method and Order ſetled in all the Wards in London, and the out Pariſhes and Suburbs; they have appointed ſeverall active men in every Ward and Diviſion, to be a Committee, to take the ſpeciall care of the buſineſſe, and to appoint active men in every Pariſh, to read the Petition at ſet meetings for that purpoſe, and to take Subſcriptions, and to move as many as can poſsibly, to goe in perſon when the day of delivering it ſhall be appointed; and they intend to give notice of that time to all the adjacent Counties, that as many of them as poſsibly can, may alſo joyne with them the ſame day; and the like orderly way of proceeding is commended to ſeverall Counties, to whom the Petition is ſent, as to Hartfordſhier, Buckingham, Oxford, Cambridge, Rutlandſhier, &c. And we cannot but propound to you the ſame Method, as the beſt expedient for your union, in purſuing after a ſpeedy ſettlement of your Peace and Freedome, therefore in brief we deſire,
1. That you would appoint meetings in every Diviſion of your County, and there to ſelect faithfull men of publick ſpirits, to take care that the Petition be ſent to the hands of the moſt active men in every Town, to unite the Town in thoſe deſires of common right, and to take their ſubſcriptions.
2. That you would appoint as many as can with convenience, to meet at Dartford, the 23. of this preſent January, being Lords day, and we ſhall conferre with you about the Matters that concerne your Peace, and common good and Freedome.
Wee ſhall at preſent adde no more but this, that to ſerve23 you, and our whole countrey in whatſoever concerns its common peace and well fare, is, and alwayes ſhall be, the deſire and joy of
Your moſt Faithfull Friends and Servants which came from London from many other friends upon this Service,- Iohn Lilburn.
- Wildman.
- Iohn Davies.
- Richard Woodward.
Dartfordthis 9. of Ian. 1647.
YOU who are apt to reſolve and Act upon the bare conſultation of your own unexperienced innocency, look to your ſelves, there is a deſign upon you; you perhaps cannot believe, that this tenderneſſe and trouble of Bowels profeſſed, ſhould tend to tear out your owne; that theſe breathings after Juſtice ſhould ſubject you to the worſt Tyranny, and that theſe men are reducing the Kingdome into Atomes, while they cry out, and complaine of Diviſion; but a Poyſon is offered you in this ſweet wine, and all theſe ſugred words ſerve but to ſweeten24 that Pill in your mouth, which will be bitterneſſe in your belly; there is a book in the Bait, and all thoſe ſeeming prudentiall directions in the cloſe of this Letter, ſerve but to teach you how to deſtroy your ſelves with the greateſt dexterity and infallibility. The poyſon is in the middle, which (if you will take theſe State-Montebanks words) many honeſt people are reſolved already to take, that is, To unite together in the Petition, and to proſecute the obtaining of it with all their ſtrength; and they are determined, that now after ſo long waiting for Iuſtice, Peace, and Freedome, they will receive no deny all in theſe requeſts: Here's the ſecond part of the 26 of Iuly, to the ſame Tune to a ſyllable: There was a Petition, and ſo is here; there was an Vnion of the Rabble, ſo here muſt be an Vnion; there was an Horrid, and Barbarous force and violence; here muſt be a Proſecution with all their ſtrength: The people of divers whole Counties ſolicited to be preſent at the delivery of it, and muſt be ingaged to it by preſubſcriptions: Can this, all their ſtrength, all this number, this determination to take no deniall, be leſſe then a War, or leſſe then a forcing of the Legiſlative power? Be warned to take heed of ſuch dayes works as the 26 of Iuly, it hath, and will coſt ſome dear: Only the difference is, The Actors in this intended Rebellious and Treaſonable force, in the judgement of theſe infallible Cenſors of Piety and Honeſty, muſt be honeſt men: But if they be men ſo qualified, let them take heed of this Conſpiracy, that they may continue ſo ſtill, and let not thoſe himble Preſligiators juggle them into Sedition and Treaſon, before they conſider whither they are going.
25The Truth is, you mean to ſtir up the people, and make your ſelves the leaders; and then 'tis not one man alone that wil be armed with Pisiol and Dagger. And it will not be then, either a Blue Riband in the Hat, nor a Petition in the Hand, that wil be a ſufficient defence to any of thoſe, whoſe either Religion and Conſcience, Wiſdom and Judgment, Integrity and ſenſe of Duty, or more large Eſtate, and deſire to defend his propriety, ſhal have made them the object of your bevelling fury. But any one of thoſe qualifications may make a man as guilty to you, as to write and read did thoſe, who had the unhappineſs of ſo much learning in the days of your Predeceſsors, Iack Straw and his Aſsociats.
But let us examine your Petition it ſelf, magnified, as Lilburn and Wildman affirm, by the greateſt Malignants, for the moſt rational Peace they had ſeen, and which they perſwade them by all means to promote, an acknowledgment of theirs to be ſpecially noted, they have never yet been ſo zealous for the peace of the People, if it took not beginning from their ſuggeſtions, 'tis certainly promoted by their help. They alſo giving out that noman is more the Kings then Lilburn; And 'tis known to all, that while Lilburn was in the Tower, he ſtill maintained a cloſe Converſation and aquaintance with the principle dangerous men, and eſpecially with David Jenkins, now a priſoner in New-gate for his Treaſons. But if it be a Petition to the Houſe, why is it Printed and Publiſhed to the people, before the preſenting of it to the Houſe? Is it to get the approbation of multitudes? What need of that? If what is asked be reaſonable and juſt, and good for the publike, it needs no other qualiſication for its acceptance, nor arguments for its grant; though it were only the private ſuggeſtion of a ſingle man: If it be not ſo, the Petitioners, though very many more then wil own this, ought not to be gratiſied with the wrong of all the reſt. The whole Iudgment of the Kingdom, is in the Iudgment of the Houſes; you26 can repreſent your own preſſures, but not thoſe of all the Kingdom, for you are not all the Kingdom. You may account that your preſſure, which others, and as many as you, may judg their benefit; and the Houſes truſted by all, muſt judg what is good for all.
To the Supream Authority of England, the Commons Aſſembled in Parliament.The earneſt Petition of many Free-born People of this Nation.
SHEWETH,
THAT the devouring fire of the Lords wrath, hath burnt in the bowels of this miſerable Nation, until its almoſt conſumed.
That upon a due ſearch into the cauſes of Gods heavy Judgments, we findaaA•ns 5.9, 10 11 12. Micah 2 2.3. Micah 3.3 4 9.10.11.12. Habba 2.8.17 Joel 3.3 that in juſtice and oppreſſion, have been the common National ſias, for which the Lord hath threatned woes, confuſions and deſolations, unto any People or Nation; Woe (ſaith God) to the oppreſſing City. Zeph. 3.1.
That when the King had opened the Flood-gates of injuſtice and oppreſſionbbSee the Remonſtrance of the State of the Kingdom, Decem. 1641. p. 5, 6, 7, 8 9 10, 11, 14, 15. upon the people, and yet peremptorily declared that the people, who truſted him for their good, could not in, or by their Parliam nt require any account of the diſcharge of his truſt; and when by a pretended negative vo ceccSee the Kings Anſwer to the Parliaments Remonſt. of May 19 1642. 1 part book Decla. page 254, 284, 285. See the Kings Anſwer to the Parl. Decla of May 26. 1642. page 298. to Laws, he would not ſuffer the ſtrength of the Kingdom, theddSee the Ordinance for the Militia, Feb. 1641 1 book Decla. page 89, & pa. 96, 105 106. 114, 126, 175, 176, 182 243, 289, 292 Militi•, to be ſo diſpoſed of, that oppreſſion•might be ſafely remedied, & oppreſſors brought to condign puniſhment, but raiſed a WareeSee the Parliaments Votes May 20, 1642 1 part Book Decla, 259, ſee alſo page 5•9, 576, 577, 580, 584, 617. to protect the ſubvertors of our Laws and Libe ties, and maintain Himſelf to be ſubject to no accompt, even for ſuch oppreſſions, and purſuing after an oppreſſive power ▪ the Judg of the Earth, with whom the Throne of iniquity can have no fellowſhip, hath brought him low, and executed fierce wrath upon many of his ad•…r•nts
That God expects Juſtice from thoſe before whoſe eyes he hath deſtroyed an unjuſt generation. Zeph. 3.6.7. and without doing juſtly,27 and releeving the oppreſſed, God abhors faſtings and praye s, and accounts himſelf mocked. Eſa. 5 8.4 5, 6 7. Mic. 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 redreſs their grievances. And this Honorable Houſe, which formerly declared, that they were the repreſentative of al England, & betruſted with our Estates, Liberties and Lives, 1 part Book of Decla. 264.382. do now declare by their practiſe, that they will not redreſs our grievances, or ſettle our Freedoms, unleſs the King and the Lords will.
That in caſe you ſhould thus proceed, Parliaments wil be rendered wholly uſeleſs to the People, and their happineſs left to depend ſolely upon the Will of the King, and ſuch as he by his Patents creates Lords; and ſo the invaluable price of all the precious Engliſh blood; ſpilt in the defence of our freedoms againſt the King, ſhal be imbezelled or lost; and certainly, God the avenger of blood, wil require it of the obſtructors of juſtice and freedom. Iudges 9.24.
That though our Petitions have been burned, and our perſons impriſoned, reviled, and abuſed only for petitioning, yet we cannot deſpair abſolutely of all bowels of compaſſion in this Honorable Houſe, to an inſlaved periſhing people. We ſtill nouriſh ſome hopes, that you wil at laſt conſider that our eſtates are expended, the whole trade of the Nation decayed, thouſands of families impoveriſhed, and mercileſs Famine is entered into our Gates, and therefore we cannot but once more aſſay to pierce your eares with our dolefull cries for Iuſtice and Freedom, before your delays wholly conſume the Nation. In particular we earneſtly intreat:
Firſt, That ſeeing we conceive this Honorable Houſe is intruſted by the People, with all power to redreſs our grievances, and to provide ſecurity for our Freedoms, by making or repealing Laws, errecting or aboliſhing Courts, diſplacing or plaecing Officers, and the like: And ſeeing upon this conſideration, we have often made our addreſſes to you, and yet we are made to depend for all our expected good, upon the wils of others who have brought all our miſeryffSee the Kings Decla. of the 12 Aug. 1642. 1 part book Decla. page 522, 526, 528, 548, & pa. 617. upon us: That therefore in caſe this Honorable Houſe, wil not, or cannot, according to their truſt, relieve and help us; that it be clearly declared; That we may know to whom, as the Supream power, we may make our preſent addreſſes28 dreſſes before we periſh, or be inforced to flie to the prime Laws of natureggSee 1 part book decla. pa. 44.150, 382, 466, 637, 699, or refuge.
2. That as we conceive all Governors and Magistrates, being the ordinancehhSee Col. Nath. Fines his Speech againſt the Biſhops Canons, made in 164•, in a book called Speeches and Paſſages of Parliament, from 3 Nove. 1640. to June 1641, page 50.51, 52. of m•n, before they be the ordinance of God, and no Authority being of God, but what is erected by the mutuall conſent of a People: and ſeeing this Honorable Houſe alone repreſents the People of this Nation, that therefore no perſon whatſoever, be permitted to exerciſe any power or Authority in this Nation, who ſhal not clearly 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: If otherwiſe, that it be declared who they are which aſſume to themſelves a power according to their own Wills, and not received as a truſt from the People, that we may know to whoſe Wils we must be ſubiect, and under whom we muſt ſuffer ſuch oppreſſions, as they pleaſe, without a poſſibillity of having Iustice againſt them.
3. That conſidering, that all iuſt Power and Authority in this Nation, which is not immediatly derived from the People, can be derived only from this Honorable Houſe, and that the People are perpetually ſubiect to Tyranny, when the Iuriſdiction of Courts, and the Power and Authority of Officers are not clearly deſcribed, and their bounds and limitsiiSee your Remonſtrance of the ſtate of the kingdom, book decla. pag, 6, 8 See alſo the Acts made this Parliament, that aboliſhed the Starchamber and Hig•Commiſſion. prefixed; that therefore the Iuriſdiction of every Court or Iudicature, and the Power of every Officer or Miniſter of Iustice, with their bounds and limits, be forthwith declared by this honorable Houſe; and that it be enacted, that the Iudges of every Court, which ſhal exceed its Iuriſdiction, and every other Officer or Miniſter of Iuſtice, which ſhal interm•dle with matters not coming under his (ognizance, ſhall incurr the forfeiture of his, and their whole eſtates And likewiſe, that all unneceſſary Courts may be forthwith aboliſhed; and that the publike Treaſury, out of which the Officers ſolely ought to be maintained,kkSee the Statute of Weſtmin. 1, made 3 Edw. 1 chap. 26, & 20 Edw. 3, 1, and the Judges oath made in the 18 Edw. 3, Anno 1344, recorded in Pultons collections of ſta••tes, fol. 144, 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 CourtsllSee the 29, chap of Magna Charta, and Sir Ed. Cooks ezpo ſition upit, in his 2, part inſtit. fol. 187, and the Petition of Right, of Iuſtice; and whereas many perſons, of faithful and publike ſpirits, have bin, and are dayly moleſted, vexed, Impriſoned by ſuch Committes, ſometimes for not anſwering Interroga ories, and ſometimes for other matters, which are not in Law Criminall; and alſo without any legal29 warrants expreſſing the cauſe, and commanding the Jaylor ſafely to keep their bodies, untill they be delivered by due courſemmSee the Petition of right made in the 3 of the King, & Sir Edward COOKS 2 par, inſti. fol. 52, 53, 589, 590, 591. 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 Iuſtice, may be determined by this Houſe, or any Committee thereof, or any other, then by thoſe Courts, whoſe duty it is to execute ſuch Laws as this honorable Houſe ſhal make; and who are to be cenſured by this Houſe in caſe of injuſtice: Always excepted, matters relating to the late War, for Indempnity for your Aſſiſters; and the exact Obſervation of al articles granted to the adverſennSee Pſal 15, 4 See Rom 4, 15 Party: And that henceforth, no Perſon be moleſted or Impriſoned by the wil 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 legall warrants as aboveſaid, upon what pretence, or by what Authority ſoever, may be forthwith releast, with due reparations.
5. That conſidering it s a Badg 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 PeopleppSee the 36, Edw. 3, 15, 80 1 Co•. 14 7, 11 16, 19, 23 See alſo the Engliſh Chronicles, in the Raign of Wil. the Conqueror. cannot know, that therefore all the Laws and Cuſtoms of this Realm, be immediatly written in our Mothers TongueqqSee Deut 30, 12, 13, 14. without any abreviations of words, and the moſt known vulgar hand, viz. Roman or Secretary, and that Writs, Proceſſes, and Enroulments, be iſſued forth, entered or inrouled in Engliſh, and ſuch manner of writing as aforeſaid.
6. That ſeeing in Magna Charta, which is our Native right, it's pronounced in the name of all Courts, That we wil ſel to no man, we will not deny, or defer to 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 nativerrSee Sir Ed. Cook in his 1 part inſti. lib. 3 chap 13, Sect, 701, fol, 3•8, where he poſſitively declares it was the native & ancient Rights of all Engliſhmen, both by the Statute & Common Law of England, to pay no Fees at all to any Adminiſtrators of juſtice whatſoever. See alſo 2 part inſti. fol, 74, 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 do juſtice, and not to be fettered with golden fees, as fetters to the ſubvertion or ſuppreſſion of truth and juſtice. 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 Court, or otherwiſe: And that for this end, ſufficient ſallaries or penſions be allowed30 to the Iudges, and Officers of Courts, as was of old, out of the common Treaſury, that they may maintain their Clerks and ſervants, and keep their Oaths uprightly; wherein they ſwear to take no mon•y o•Cloaths, or other rewar•s except meat and drink, in a ſmal 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 peny, by any power whatſoever, could be leavied upon the people, without common conſent in Parliament, and ſure we are that the Fees exacted by Iudges, and Clerks, and Iaylors, and all kind of Miniſters of Iuſtice, are not ſetled upon them by Act of Parliament, and therefore by your own declared principles, deſtructive to our property;ſſSee the Articles of high treaſon in our Chronicles againſt Iudg Treſilian, in Rich. the ſeconds time. therefore we deſire it may be enacted to be death for any Iudg, Officer, or Minister of Iuſtice, 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 ſallary allowed from the Common Treaſury. That no Iudg of any Court may continue above three yeares.
7. That whereas according to your own complaint in your first Remonstrance of thettSee 1 part book decla. p. 9. State of the Kingdom, occaſion is given to bribery, extortion and partiallity, by reaſon, that judicial places, and other Offices of power and trust, are ſold and bought: That therefore for prevention of all iniuſtice, 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.
8. Whereas according to Iustice, and the equitable ſenſe of the Law, Goals and Priſons ought to be only uſed as places of ſafe custody, until the constant appointed time of tryall, and now they are made places ofuuSee Sir Edward Cook 1 part Inſti. lib. 3 Cha. 7. ſect. 438 fol. 260. who expreſly faith, that 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 par. inſtit. fol 589.590.591. torment, and the puniſhment of ſuppoſed offenders, they being detained many years without any Legal tryalls: That therefore it be enacted that henceforth no ſuppoſed offender whatſoever, may be denyed his Legal tryall, at the firſt Seſſions, Aſſizes, or Goal delivery, after his CommitmentwwSee the Statute of the E. 3.2. 12 R. 2.10. and that at ſuch tryal, every ſuch ſuppoſed offender be either condemned or acquitted.
9. Whereas Monopolies of all kinds have been declared by this honorable Houſe, to be againſt the Fundamentall Laws of the Land, and all ſuch reſtrictions of Trade, do in the conſequence deſtroy not only Liberty but property: That therefore all Monopolies whatſoever31 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 Common-wealth, the 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 ſiting therein, may be forthwith put in due execution.
10. Whereas this Houſe hath declared in the firſt Remonſtrance of thexxSee 1 part book decl. pa. 14. State of the Kingdom, that Ship-money, and Monopolies, which were impoſed upon the people before the late War, did at leaſt amount to 1400000 l. per annum, and whereas ſince then, the Taxes have been double and treble, and the ArmyyySee the Armies laſt Repreſentation to the Houſe. hath declared that 1300000 l. per annum, would compleatly pay all Forces and Gariſons in the Kingdom, and the Cuſtoms could not but amount to much more then would pay the Navy; ſo that conſidering the vaſt ſums of moneys, raiſed by impoſition of money, the fifth and twentieth part, Sequeſtrations, and Compoſitions, Exciſe, and otherwiſe, it's conceived much Treaſure is concealed: that therefore an Order iſſue forth immediatly from this Honorable Houſe, to every Pariſh in the Kingdom, to deliver in without delay to ſome faithful perſons, as perfect an accompt as poſſible, of all moneys Leavied in ſuch Town, City, or Pariſh; for what end or uſe ſoever, ſince the begining of the late War, and to return the ſeveral receivers names, and that thoſe who ſhal be imployed by the ſeveral 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 ſeveral Pariſhes in every County or Shire, may have liberty to inveſt ſome one faithful perſon in every of their reſpective Counties or places, with power to ſit in a Committee at London or elſewhere, to be the General Accomptants of the Kingdom, who ſhal publiſh their Accompts every moneth to the publick view, and that henceforth there be only one Common Treaſury where the books of Accompts may be kept by ſeveral 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 andzz28. Edw. 1 Chap. 1.8. and 13. See 2 part inſtit. fo. 174.175 where Sir Ed. Cook poſitively declares that in ancient times by the common law of England, the Coroner, the high Sheriff, Iuſtices of Peace, Verderors of Foreſts yea and in times of war, the leaders of the Counties ſoldiers, were choſen in ful county by the freeholders. Iustices of the Peace, &c. and that they were abridged of that their native Liberty, by a Statute of the 8. H. 6.7. That therefore, that Birth-right of all Engliſh men, be32 forthwith reſtored to all which are not, or ſhal not be legally disfranchiſed for ſome criminal cauſe, or are not under 21 years of age, or ſervants, or beggers; and we humbly offer, That every County may have its equal proportion of Repreſenters; and that every County may have its ſeveral diviſions, in which one Repreſenter may be choſen, and that ſome choſen Repreſentatives of every Pariſh proportionably may be the Electors of the Sheriffs, Iustices of the Peace, Committee-men, Grand-jury men, and all miniſters of Iuſtice Whatſoever, in the respective Counties, and that no ſuch miniſter of juſtice may continue in his Office above one whole year, without a newaaIt hath been a maxime amongſt the wiſeſt Legiſlators that whoſoever means to ſettle good Laws, muſt proceed in them with a ſiniſter, or evil opinion of all mankind; and ſuppole that who ſoever is not wicked, it is for want of oportunity, & that no State can be wiſely confident of any publick miniſter continuing good longer then the Rod is over him. Election.
12. That all Statutes for all kind of Oaths, whether in Corporations, Cities, or other, which inſnare conſcientious people, as alſo 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 chooſe 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 honorable 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 labor; and that Manufactures may be increaſed, and the Herring-fiſhing upon our own Coaſts may be improved for the beſt advantange of our own Mariners, and the whole Nation.
14. Whereas that burthenſom Tax of the Exciſe lies heavy only upon the Poorer, and moſt ingenious industrious People, to their intolerable oppreſſion; and that all perſons of large Revenues in Lands, and vaſt eſtates at uſury, bear not the leaſt proportionable weight of that burthen, whereby Trade decays, and all ingenuity and induſtry is diſcouraged: That therefore that oppreſſive way of raiſing money may forthwith ceaſe, and all moneys be raiſed by equal Rates, according to the proportion of mens eſtates.
3315. That M. Peter Smart, Doctor Leighton, M. Ralph Grafton, M. Hen. Burton, Doctor Baſtwick, M. William Prinne, Lievt. Conell Iohn Lilburne, the heires and executors of M. Brewer, M. Iohn Turner, and all others that ſuffered any cruelty, or falſe illegall impriſonment, by the Star-Chamber, the high Commiſſion, or Councell-Board, as M. Aederman Chambers, and all others that ſuffered oppreſſion before the Parliament, for refuſing to pay illegall imposts, customes, or Shipmoney, or yeeld conformity to Monopolizing Patentees, may (after 7. years 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 heavy ſufferings, that ſo in future Ages men may not be totally diſcouraged to ſtand for their Liberties and Freedomes, againſt Oppreſſors and Tyrants.
16. Whereas we can fix our eyes upon no other but this honour able Houſe for reliefe in all theſe our preſſing grievances, untill we ſhall be forced to deſpaire, we therefore deſire, that the most exact care be had of the right constitutions 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 expell them, that others may be elected in their ſtead, or they be restored to ſerve their Countrey: And likewiſe that all Lawyers who are Members of this Houſe (by reaſon of their over-awing power over Judges of their owne 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 further deſire, that every Member of this Houſe may be enjoyned 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 licence 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.
Now whereas the particular requeſts in our Peritions, 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 thankes for our good affections, or34 promiſes that in due time our deſires ſhall be taken into conſideration, and by ſuch delayes our diſtractions are daily increaſed, and our burdens made more heavy; 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 requeſts, and reported their ſenſe of the juſtneſſe and neceſſity 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 heare all our other complaints, and offer ſutable remedies to this honourable Houſe, and to bring in the Appeales of any perſons from the Iudges at Weſtminſter, to this honourable Houſe, againſt their injuſtice, bribety, or illegall delay and oppreſſion.
Now O ye worthy Truſtees! let not your eares bee any longer deafe to our importunate cries, let not our deſtruction be worſe then that of Sodome, who was overthrown in a moment. Let us not pine away with famine and bee worſe then thoſe who die by the ſword. Oh diſſolve not all Government into the prime Lawes of nature, and compell us to take the naturall remedy to preſerve our ſelves, which you have declared no people can bee deprived ofbbSee your Declaration of May 19. 1642 ▪ 1 book dec. pag. 207. And your Declaration Nov. 1642. pa. 728. as alſo pa. 150. Oh remember that the righteous God ſtandeth in the congregation of the mighty, and judgeth among the gods, and ſaith, HowccPſal. 82.1, 2, 3, 4. 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,
And your Petitioners ſhall ever pray, &c.
'TIs indeed called a Petition, but the whole frame and matter of it is nothing elſe but a Calumnie againſt thoſe they ſeem to petition, charging upon their account all thoſe Evills that are upon the Kingdome, and a great number more imaginary ones which they have created, and make men believe they are preſſed with; and publiſh all this to the Kingdome, to render the Parliament odious to the People, to divorce their affections, and withdraw their aſsiſtance, without which, the Common Enemy know very well, they are not able to ſettle the peace and tranquillity of the Kingdome from forraigne and domeſtick Force, and calme and compeſce thoſe civill and inteſtine aeſtuations, the remaining diſtempers of our late (almoſt mortall) Diſeaſe, (of which the motions of the Petitioners are a very conſider able part) that thereby a faire way might be paved for a free and equall courſe of Law and Juſtice, (which is a fitter meanes to preſerve peace, then reſtore it) whoſe lower voice cannot be heard while the Drums beat, or the People tumultuate. It purſues that common and hatefull Maxime, Calumniate boldly, ſomething will ſtick. It runs in generals, which ever covers deceipt: why deſcend you not to particulars? The Cries are loud againſt injuſtice, oppreſſion, bribery, exacted, extorted Fees, and can you name no man that is guilty? You would make all the World believe you were in an iron furnace, and that the Kingdome were an Hell to its Inhabitants; and yet tell not who hurts you: But 'tis eaſier to calumniate then accuſe, and yet to accuſe, then to prove. Be not abuſed by them that ſerve their deſignes by you; Accuſe no man falſly, though upon others informations; look upon the File in which falſe36 accuſers march, and conſider who may be like to the Leader. A good name is above riches, 'tis ſooner taken away then reſtored: name thoſe Oppreſſors you complaine of, bring forth the matter and the proofe, and then if you have not juſtice, you may have reaſon to complaine. You complaine of unneceſſary Courts, and Courts exceeding the limits of their juriſdiction; you deſire the one to be aboliſhed, and the other to be limited; neither is here any particular: Hath not this Parliament taken away the Starre-Chamber, High Commiſsion, all the Biſhops Courts, the Court of Wards? and are not all the juriſdictions of the other Courts well knowne? What have any of the Petitioners ſuffered by thoſe Courts tranſgreſſing their limits? or what are the unneceſſary Courts you meane? was it your modeſty, or want of matter, that you omit particulars? Untruths are boldly affirmed upon heare-ſay; why are you ſilent in the things that preſſe your ſelves?
A word or two to your Margent, and then the particulars of the Petition it ſelfe ſhall be a little toucht upon. The Margent you have filled, with Authorities and Quotations of Magna Charta, Statutes, Comments on them, Declarations of &c. Speeches in Parliament; to what purpoſe ſerve theſe? Would you have the Parliament bound in their Parliamentary proceedings by precedent Lawes? Were not thoſe Lawes made by Parliament, and is it not the proper work of the Parliament, to repeale, as well as to make Lawes? Els why doe you deſire in your twelfth Particular, to have the Statutes there mentioned repealed? Either put out your Margent, and deceive not the ignorant with a ſhew of that which ſignifies nothing, or els reconcile it with your text; unleſſe you meane to ſay, you will appoint the Parliament what Lawes they ſhall repeale,37 and by what they ſhall govern themſelves. If it be onely to tell them what hath been done before, you may take notice, that there are theſe in that Houſe, to which you addreſſe, that can as well tell what the Law new is, or heretofore was, without your Index, as they are able to judge what is neceſſary for the preſent, or for the future, without your advice or intimation. But you would faine make the People believe, the Parliament neither have wiſdome enough to know how, nor fidelity enough to make them willing to diſcharge their truſt, unleſſe you direct and incite them.
The Petition is large; to give it an anſwer in proportion, were to write a volume, which few could buy, and fewer would read: and perhaps there is ſomthing of policy in the length, leaſt their ſeduced numbers ſhould be ſatisfied by a juſt confutation. Yet becauſe perhaps there are ſome among them of that ſort of people, to whom a word is enough; therefore they may pleaſe to conſider, 'Tis called onely the Petition of many Free-borne people of this Nation; 'tis not then, by your own confeſſion, of all, or of the major part: remember this, and be modeſt for once, act not as if you were all. But why many Free-borne People of this Nation? are there any Engliſhmen that are not Free-borne? why doe you diſtinguiſh your ſelves? what need of that Epithete, while you addreſſe to the Houſe of Commons, who have aſſerted, and by the bleſſing of God upon the Councells and Forces of the Parliament, vindicated the Engliſh Freedome from the Common Enemy, under the ſlavery of whom, by theſe your dividing diſtempers, and weake and out-witted deſignes, you ſeek to returne, and carry the Kingdome with you.
38To give it the more Authority, the prefacing part of it is forc'd to ſpeak Scripture; but not with the Idiome of the Spirit that wrote it, your Hebrew hath much of Aſhdod, the breathings of that Spirit are purity and peace; and the fruits of that Spirit are love, joy, peace, and the reſt of that Catalogue.
You begin with a ſad complaint, that the fire of the Lords wrath hath been among us, which muſt be acknowledged; and it may be juſtly conceived it is ſo ſtill; what meane elſe the diſtempers of the people, that will not be healed, and the actings of diviſion, together with the Cries for peace? But to ſay as you do, that it is almoſt conſumed, were to lie againſt the truth, and ſin againſt that mercy which he hath remembred in the middeſt of his wrath. This Kingdome hath found the effects of the rowlings of his bowells, while it hath been under his chaſtiſing rod, that buſh hath burned, but 'tis not conſumed; and 'tis an evidence that God is in it. 'Tis true, in many places of the Land the ſcarres of great wounds remaine, but not as in Germany; the lands in England are not untilled for want of men, the thiſtles grow not in the furrowes of the field, the Oxen are yet ſtrong to labour, and the Sheep bring forth their thouſands; if you had not intended an ill uſe of the complaint, the matter would have borne a mixture of thanks: but if ſeems you had rather God ſhould loſe the praiſe of his mercy, then you would omit this Engine, to move the People to murmure and diſcontent.
'Tis true, that for injuſtice and oppreſſion God hath threatned woes, confuſion and deſolation to any People or Nation; but if your ſearch had been as due as you affirme it was, you might have found other beſides thoſe, which you may light upon perhaps, if you would make a39 review. It is not to be denied, that oppreſſion and injuſtice cauſe loud cries to heaven, onely remember juſtice is to render to every one his owne, and not to doe to another what you would not ſhould be done to you.
The rich may be oppreſſed as well as the poore, propriety is to be preſerved to all: and a poore man that oppreſſeth the poore, is like a ſweeping raine that leaveth no food.
You obſerve the Kings oppreſsions and how God hath brought him low, and executed fierce wrath upon his adherents. Why will ye ſuffer your ſelves to be abuſed by thoſe adherents, into thoſe dividing deſtructive courſes whereby you contribute directly to the reſtoring of the Kings affaires; you are acted by his Counſells, and you will not ſee it, and every man ſhall be the Enemy of the people that tels you of it, and if his party ſhall againe get head to the indangering of the Kingdome, which God forbid, thank your owne petulant importune and unſeaſonable interpellations of thoſe Councells, by which through the bleſſing of God, your deliverance had been perfected, if your ſelves had not hindred; can you believe the Kings Counſells are changed? or that he wants a party waiting an oportunity to bring that upon you which you feare and complaine of? why doe you then give them hope and the Parliament worke, who have yet ſo much to doe to preſerve the vitalls and recover ſtrength, that they cannot attend to preſcribe a topike to cure the Morphew on the face? truſt them with your cure, and allow it time, over-haſty ones prove palliate ones, and not ſound. It is the Patients part to declare his griefe, and take his Phyſick, but he muſt let the Phyſitian write the Recipe, if he deſires the cure ſhould ſucceed.
40That your Petitions were burned, and your ſelves impriſoned onely for petitioning, ſerves to irritate and inrage thoſe whom you have miſled and deceived, a Petition may well deſerve to be burned and the Petitioners puniſhed, if the matter be unjuſt, falſe, ſcandalous, ſeditious, read over ſome of your old copies, and ſee if there be none of thoſe faults, 'tis true, it is your liberty to Petition, and it is alſo your duty to acquieſce in the Parliaments jugement upon it; a Petition is to ſet forth your grievances, and not to give a rule to the Legiſlative Power, if you meane it ſhall be an Edict, which you muſt compoſe, and the Parliament muſt verifie, call it no more a Petition.
You ſay your Eſtates are expended, how come you then to lay Contributions upon your ſelves for the promoting theſe deſtructive deſignes? is that the way to reimburſe your ſelves? or is it to enable you to fly to the prime laws of nature for refuge? your Margent will teach the Legiſlative Power to ſuſpect you, and that if you be not wicked, it is becauſe perhaps you may not have oportunity or ſtrength enough, which it will be therefore their care to prevent: and however perhaps it may be true, that theſe ſad troubles have cauſed ſome diminution in your Eſtates, yet if you had uſed as much diligence ſince in your owne callings, as you have done in thoſe you leſſe underſtand, and had let out the current of your thoughts, which have been miſimployed about Politiques, to the Oeconomy of your families, the account of loſſe had not run ſo high, and your private reflections (if ever you aſſume the trouble of viewing your ſelves) had imbraced you with the ſmiles of a ſweeter peace with him, and your actions abroad had leſſe procured the guilt of others.
41Thouſands of families you ſay are improveriſhed, and mercileſſe Famine is entring into your Gates, and therefore You will once more eſſay to pierce their ears with your dolefull cries for Juſtice and freedome, before the Parliaments delayes conſume the Nation. What juſtice, what freedom is it you mean ▪ Which of all the particulars in your Petition being granted, will be able to turn this famine you ſo aggravate, into a plenty? what an odious aſperſion is this, to lay upon the Parliament, to make them hatefull to all men? To tell the World in Print, That there is ſomething in their power (for otherwiſe you ſay nothing) that they delay, whereby this Dearth and Famine, as you call it, is upon the Kingdom? Have you learned this from thoſe of old? That whenever Famine, Peſtilence, or any publicker calamity, invaded the World from the juſt hand of God, then to cry out, Throw the Chriſtians to the Lions, attributing to them the cauſe of all, as you do now to the Parliament. Do you not know that the unſeaſonable ſeed-time in 1646. and the unkindly Spring following, might well cauſe a Dearth, which is not yet in England, (through the mercy of God) as it is in other places? And do you think it is in the power of the Parliament to give a Law to the Heavens, to reſtrain the Pleiades, or looſe Orion, to give or withhold rain? can the Parliament make windows in heaven, or create a plenty? Why do you ſay you care not what, and abuſe the people without bluſhing?
Your large Petitory part in 16 Articles, might well receive a very ſhort Anſwer, That it offers many things as grievances that are removed, deſires many things that42 are already granted, of which you will take no notice, that you may multiply the Odium, miſtake the preſent ſtate of things, as if all were an unformed matter, or abraſa tabula fitted for the projection of a new modell, or for the compiling of a new body of Laws.
He that will build a City upon a Plain, hath the place obedient to his projections, and ſucceptible of any form; And if he be not prejudiced by forreign extrinſicall obſervations, to which he will conform his lines, he may exemplifie the beſt Ideas his minde offers him: But he that would reedifie or beautifie an old one, will meet with many things that will not ſubmit to pure technicall rules; And where it will not, it is not preſently to be pulled down, or ſet on fire. Rome had a greater beauty and uniformity as it was built by its firſt Kings, then after the Burning by the Gaules, and Reſcue by Camillus, where each man built as it was moſt Commodious for him, and not as it was moſt comely, or convenient for the whole: And yet Catiline and his Complices were judged Traytors for deſigning to burn it, and it was only becoming Nero to put it into flames.
The diſpute is not now of what is abſolutely beſt if all were new, but of what is perfectly juſt as things now ſtand: It is not the Parliaments work to ſet up an Vtopian Common-Wealth, or to force the people to practiſe abſtractions, but to make them as happy as the preſent frame will bear. That wiſe Lawgiver of old, acknowledged that he had not given his people the Laws that were abſolutely beſt, but the beſt they were able to receive. The perfect return of health after ſickneſſe, is to be left to nature43 and time; he that will purge his body, till there remain nothing peccant, will ſooner expell his life, then the cauſe of his ſickneſſe. And he that out of a deſire to repaire his houſe, ſhall move all the foundations, will ſooner be buried in the ruines of the old, then live to ſee the erection of a new ſtructure.
1. You forget that univerſall rule of Juſtice (to do as you would be doneby) which is not only one of thoſe con-nate and common Notions which are written in the hearts of all, which every one capable of reaſon, and under wrong, can quote from that internall writing, though he that inferrs the injury, will not: And it is given alſo as a Compendium of the Law, and an Univerſall rule of Chriſtian Practice, by him who is the one Lawgiver, who is able to ſave and to deſtroy; To whoſe Commands and Dictates, whoever will profeſs contradiction, and purſue a contumacious diſobedience, is more worthy the name of a Renegado then a Chriſtian.
Upon forgetfullneſſe of this rule it is, that you would by force ſpoil the Lords of their part of the Legiſlative power, which they hold by a claim of an older date then any of the Petitioners can ſhew for their Land: Ask your ſelves the queſtion, Would any of you be content to be diſſeized of his Land, to which he can derive a title, or preſcribe to for ſo long a time? And your contumelious expreſſion of Patent Lords might have been ſpared, ſeeing the Houſes have reſolved that none ſhall be made Peers of Parliament hereafter, but by conſent of both Houſes, whereby your Repreſentors and Truſtees have a Negative voice againſt any ſuch Creation for the future? 44Were it not to inlarge this particular beyond what is intended for the reſt, you might be informed, That there were Princes of the people, and heads of the Tribes, amongſt the Iſraelites; and the f rſt choyce of them, when they were new come up out of Aegypt, and were then receptive of any form, was not by the people, but by Moſes; and as it is expreſſe of the Prieſthood, ſo it is evident in the reſt of the Tribes, that the firſt of the firſt line was ſtill Prince of the Tribe.
And the longeſt lived, beſt governed, moſt Potent and floriſhing Common-wealths that ever the ſun ſaw, have alwayes had their Orders of Nobility or Patricians, in ſucceſſion from Father to Son, preſerved with a kinde of Religion in a cleer diſtinction from the people: Thoſe two of Old Rome, while a Common-wealth; And Venice at preſent, are known Examples. But this particular with divers others concerning Government, require a fuller Tractate then this occaſionall glaunce.
2. Secondly (beſides their right) there is at leaſt a very great conveniency, if not a neceſſity, that the Legiſlative power ſhould be in ſeveral and diſtinct bodies for the review of what might elſe be perhaps at firſt overſeen: There is ſcarce any man but findes, that reviſing in the morning his evenings conceptions, he meets with ſomething or other to be added or altered.
3. Are not all Officers and Miniſters of Iuſtice, and all other Civill Officers, all military Officers both by ſea and land, choſen, and put into their places, by both Houſes of Parliament, wherein, as in all other things, the Commons have a Negative Vote?
454. Is not there a Committee that hath been a good while ſince appointed to receive Informations of grievances, and propound them with remedies to the Houſe? What addreſſe have you made to them? Have they refuſed to take your Informations? Why doe you complain before you have been refuſed redreſſe?
5. You complaine of the impriſonment of faithfull and publike ſpirits, for matters not criminall, and would have no impriſonment to be but for crimes, according to Law. But are there not ſome actions in theſe unſetled times that may deſerve a puniſhment, for which no former Law hath explicitely provided any? You would have no man kept in priſon longer, than till he be delivered by due courſe of Law. You know there are two wayes of delivery by due courſe of Law; And he that hath deſerved the one ſhould not complaine he is ſtill a Priſoner; And for what is a Crime, the party guilty is no Judge; it cannot be denyed, that as the Parliament is the ſupream Judge, ſo it is the moſt competent; and if they Judge it neceſſary, that ſeditious Incendiaries ſhould be reſtrained, for the Peace of the Kingdome, muſt they give an account to the Delinquents of the reaſon of their Actions?
6. You would have the Lawes in our known tongue, and all writings and proceedings in the preſent knowne hands; they have been ſo heretofore; What are you now the better for it? Which of you underſtand the Saxon Lawes, written in the then vulgar tongue? And the Norman-French, though not then Nationall, yet was very generally underſtood. And if moſt of the Petitioners ſhall look upon the language of two or three Centuries paſt, they will meet with ſo many words they underſtand46 not, as will diſable their underſtanding of the ſenſe of thoſe they doe. And if thoſe which are in other tongues, were in Engliſh, there were a poſsibility you might miſtake them, as well as you doe thoſe that already are ſo. And if there ſhould be a diſuſe in the Courts, of writing thoſe hands which now are obſolete to vulgar uſe, the reading of thoſe hands might in time come to be loſt, and thereby a loſſe of all the Records that are written in them.
7. If any ſhall denie to doe you Juſtice, according to Magna Charta, unleſſe he may ſell it, why doe you not accuſe the man? Strike not through all by ſuch oblique inſinuations, but let the guilty bear his ſhame and puniſhment. You might have taken notice, that the Parliament hath doubled the ſalaries of the Judges: but to pay all miniſteriall Officers from the publick Treaſurie, were to waſte the States treaſure to maintaine the quarrels of the contentious againſt them that are peaceable.
8. You would have no Judge continue for above three years; What ſhall he doe the reſt of his life? Were not this to put them upon the temptation of the unjuſt Steward? You will ſay he may returne to private practice at the Barre againe. Will any of you when he hath ſet up for himſelf for the ſpace of three yeares, be content to ſerve journeyman for the reſt of his life? If it be ſo comely or eaſie a matter, Why did Lieutenant Colonel Lilburn refuſe the Command of a Troup of Horſe offered him in the Army of Sir Thomas Fairfax, becauſe he had the title of a Lieutenant Colonel before, And would not accept of leſſe than a Regiment? Conſider who they are that binde heavie burthens for other men, and grievous to be borne, but themſelves will not touch them with one of their fingers.
479. For the buying of Offices; ſuppoſe both parties agreed, yet he muſt have a large purſe who can buy of a Parliament, and 'twill be hard where ſo many muſt be bribed to be ſecret in all.
10. For that ſpeedy tryall of offenders; your deſire may interferre with Juſtice, matter cannot be alwayes preſently proved, Will you free a man accuſed of murther done the day before the Aſſiſes, becauſe that which hath vehement preſumptions, cannot have a legall Evidence till ſome dayes after.
11. The Monopolies you ſo much complain of are condemned by Law, You may take your courſe againſt any, and no man can hinder you. If there be any Monopolizer in the Houſe, why doe you not declare it to the Houſe, and prove it? Have they not formerly put out ſome for that offence? if there be none there, that piece might have been ſpared.
12. You complain, That the Members of the Houſe of Commons are choſen onely by Free-holders, and not by all the free-borne people of the Kingdome. If you conceive it be an Injury to all the reſt, that they are choſen only by Free-holders, Conſider ſeriouſly, and then tell Us, whether it be not an injury to all the reſt, that they ſo choſen muſt be directed and ordered by you. Tell the world how you came by your Priviledge, To make a Collection of ſuch as this is, of ſome things good; with a mixture of divers miſtakes in the reſt, and then magiſtically obtrude it upon the Houſe, preſently to paſſe and confirme, the higheſt affront to the Legiſlative power, and the higheſt injury to your free-borne fellowes that can be well imagined.
13. You take notice of the ſhame of the Nation, by48 the begging of the poor, and it is undeniably a great one, and Peace being ſetled, the remedy of it were one of the moſt deſirable things to be undertaken, and this Kingdom wants not materialls for induſtry, and there is not any doubt, that the encouragement of fiſhing in this Kingdome, might produce it a profit of exceeding value; but doe You not know that the Parliament hath had ſo hard a taske to preſerve the Land, that they have had no time left to improve thoſe advantages of the Sea? neither can they give induſtry to men, which if any will exerciſe in it, they may be ſure of all acceptation. And certainly that, and divers other things for the good of the Kingdome have been thought upon by the Parliament (though you would faine have the world believe they mind nothing, unleſſe You be their remembrancers) and had been in effect before this time, had not ſuch conſultations been diverted by the neceſſity of providing againſt theſe, and ſome other diſtempers. In the meane time, till care can be taken for prevention of beggery, increaſe not their number by the addition of your ſelves; neglect not your Callings, forbear your clandeſtine Contributions, You may perhaps thrive in your own way, but your unhappy and ill adviſed Statizing will ruine your ſelves, and hath a naturall tendency to the ruine of the Kingdome.
14. You complaine of the heavie burthen of the Exciſe, and there again you pretend to be the Advocates of the poore, but in nothing are you more the Kings Atturneys, That ſtanding and conſtant Revenue being that, which of all others with great eſt eaſe, ſupplyed the Exigencies of the Warre when it was hotteſt, and contributed moſt to the breaking of the Enemy. Every thing49 muſt ſerve to heighten your diſcontent, and to ſtirre up the ignorant people. Otherwiſe tis obvious enough to every diſcerning eye, that as tis leaſt grievous of all other wayes, becauſe it paſſeth from a man unſeen, ſo it cannot but be moſt Equall, becauſe every man is in a ſort his owne aſſeſſor, it being in his owne power by his frugallity, to reduce it to as ſmall a ſumme as he pleaſe, the greateſt burthen of it lying upon things not neceſſary, leſſe neceſſary, or, if neceſſary, yet there in ſuch a proportion, as thoſe which are for the uſe of the richer ſort have the greateſt impoſition, there being nothing but only ſtrong beer, wherein the poore ſeeme to be touched, which for the too much abuſe of it, and that even by the poore, it may juſtly afford ſomething toward the maintenance of the publick, while it is ſo deeply acceſſary to the undoing of many private perſons. For that other, that it is the decay of Trade, and the diſcouragement of all ingenuity and induſtry, You may, if you will but ſend ſome of your Emiſſaries into the united Provinces, be informed there, That that people could never find a foundation of money for thoſe vaſt charges they were forc'd to be at, to defend themſelves from thoſe who tyrannized their Liberties, and to ſettle the free State they have ſince managed, till they had fallen upon the Exciſe; And that notwithſtanding it, their Trade is ſo growne upon them ſince, that they have in a great meaſure engroſſed it from the reſt of Europe, and yet have little matter to raiſe it upon, but their Induſtrie, which is not ſo diſcouraged by the Exciſe, but it produceth that effect, and were worth our Imitation; but there was but a word intended, If twere neceſſary, there is nothing more eaſie than to juſtifie this way of Levie by Exciſe, before all other wayes whatſoever.
15. You doe very magiſterially appoint the Houſe how50 to regulate their Members, and eſpecially thoſe of the long robe, who by no meanes may exerciſe their calling, becauſe they are called thither to ſerve the publique; Other Gentlemen have their rents and profits come in without their owne particular care, and they who have trades can drive them by their partners and ſervants, only theſe whoſe employments muſt be perſonall muſt needs ſuffer loſſe in their Eſtates, becauſe they are Members. And what reaſon is there why a juſt Judge, who judgeth according to Law, and proceeds according to the rules of the Court, ſhould be awed by, or afraid of, the perſon of any, though a Member of the Houſe? for though that Houſe be a Iudge of the Iudges, yet the Judge in his Court is Superiour in that qualification to whoſoever pleads at his Barre.
Your Epilogue might have been ſpared; the firſt part of it, in regard the Committee You deſire hath been long appointed, to whom any man hath Liberty to bring his grievances, and there is doubt they will be received, and their ſenſe of the juſtneſſe and neceſsity of them be reported to the Houſe, though tis probable 'twill not pleaſe you concerning yours, unleſſe it be your own ſenſe alſo.
Your ſecond might be with more Juſtice retorted; Poore deluded people! When will yee begin to turne a deafe Eare to thoſe who ſeduce you? When will you remember your duty, and come out of your dreame, in which you have believed that you are all the people, and therefore ſupreame, and have arraigned all men in a ſuitable Style? Act not a part, diſſemble not with Heaven, remember you are in the light and view of Omniſcience; Complain not of Famine before you feele it, leſt you provoke him that can ſend it. There is a difference between ſcarcity and Famine. God is the God of order, forbear to endeavour any further to diſſolve all government into51 Confuſion, leſt you compell the Parliament to prevent it in your juſt puniſhment; Remember that God ſtands in your Clandeſtine Conciliables, as well as in the Congregation of the Mighty, and as he requires of Magiſtrates to defend the poore and needy, ſo he hath alſo forbidden to countenance a poore man in his cauſe.
Together with this Petition, there was at the ſame time brought to the Houſe of Commons, by Colonel Barliſtead, another ſcandalous printed paper, of which two quires had been delivered to one Lazarus Tindall, a private ſouldier of Captaine Groomes Company, in the Regiment of the ſaid Colonel, the papers were delivered to him, to ſpread among the ſouldiers of that Regiment, and that ſame perſon that delivered them, told him he ſhould have one thouſand of the large Petitions alſo, to diſperſe in that Regiment, ſo ſoon as they were reprinted, which they were about to do in a ſmaller leter, for the ſaving of charges. By which it appears that paper alſo ſprings from the ſame root with the foreſaid Petition, of which it alſo takes notice, and helps to promote the ſame ends with it; and who ever ſhall put himſelfe to the trouble to read them both, will finde them ſpeak the ſame Language, and diſcern the ſame ſpirit in them both; and is yet more evident by the latter clauſe of the firſt Marginall note, which were Lilburns words to a ſyllable, at the Barre of the Houſe of Commons; And by that paragraph of the paper, which begins [have you not upon ſuch pretences] &c. which were Wildmans words at that meeting in Well-yard, which is mentioned in Mr. Marſterſons relation, and at the Commons Barre; and by the laſt clauſe of the next paragraph, which were the words of Lilburn and Wildman, or one of them, at the Barre of the Houſe of Commons, and are alſo to be found in the Petition it ſelfe, ſo as a very dim ſight may diſcerne it to be a Whelp of the ſame litter.
52❧ The mournfull Cryes of many thouſand poor Tradeſmen, who are ready to famiſh through decay of Trade.Or, The warning Tears of the Oppreſſed.
OH that the cravings of our Stomacks could be heard by the Parliament and City! Oh that the Tears of our poor famiſhing Babes were botled! Oh that their tender Mothers Cryes for bread to feed them were ingraven in Braſſe! Oh that our pined Carkaſſes were open to every pitifull Eye! Oh that it were known that we ſell our Beds and Cloaths for Bread! Oh our Hearts faint, and we are ready to ſwoon in the top of every Street!
O you Members of Parliament, and rich men in the City, that are at eaſe, and drink Wine in Bowls, and ſtretch your ſelves upon Beds of Down, you that grind our faces, and flay off our skins, Will no man amonſt you regard, will no man behold our faces black with Sorrow and Famine? Is there none to pity? The Sea Monſter drawes out the breſt, and gives ſuck to their young ones, and are our Rulers become cruell like the Oſtrich in the Wilderneſſe? Lament. 4.3.
OH ye great men of England, will not (think you) the righteous God behold our Affliction, doth not he take notice that you devour us as if our Fleſh were Bread? are not moſt of you either Parliament-men, Committee-men, Cuſtomers, Exciſe-men, Treaſurers, Governors of Towns and Caſtles, or Commanders in the Army, Officers in thoſe Dens of Robbery, the Courts of Law? and are not your Kinſmen and Allies, Colectors of the53 Kings Revenue, or the Biſhops Rents, or Sequeſtratours? What then are your ruffling Silks and Velvets, and your glittering Gold and Silver Laces? are they not the ſweat of our brows, & the wants of our backs & bellies?
Its your Taxes, Cuſtoms, and Excize, that compells the Countrey to raiſe the price of food, and to buy nothing from us but meer abſolute neceſſaries; and then you of the City that buy our Work, muſt have your Tables furniſhed, and your Cups overflow; and therefore will give us little or nothing for our Work, even what you**And ſince the late Lord Mayor Adam, you have put in execution art illegall wicked docree of the Common Councel, whereby you have taken our goods from us if we have gone to the Inns to ſell them to country men; and you have murdered ſome of our poor wives that have gone to Innes to ſinde country men to buy them. pleaſe, becauſe you know we muſt ſell for moneys to ſet our Families on work, or elſe we famiſh: Thus our Fleſh is that whereupon you Rich men live, and wherewith you deck and adorn your ſelves. Ye great men, Is it not your plenty and abundance which begets you Pride and Riot? And doth not your Pride beget Ambition, and your Ambition Faction, and your Faction theſe Civil broyles? What elſe but your Ambition and Faction continue our Diſtractions and Oppreſſions? Is not all the Controverſie whoſe Slaves the poor ſhall be? Whether they ſhall be the Kings Vaſſals, or the Presbyterians, or the Independent Factions? And is not the Contention nouriſhed, that you whoſe Houſes are full of the ſpoils of your Contrey, might be ſecure from Accounts, while there is nothing but Diſtraction? and that by the tumultuouſneſſe of the people under prodigious oppreſſion, you might have fair pretences to keep up an Army, and garriſons? and that under pretence of neceſſity, you may uphold your arbitrary Government by Committees, &c.
Have you not upon ſuch pretences brought an Army into the bowels of the City? and now Exchange doth riſe already beyond Sea, and no Merchants beyond Sea will truſt their Goods hither, and our own Merchants54 conveigh their**The Merchants have already kept back from the Tower, many hundred thouſand pounds, and no bullion is brought into the Tower, ſo that mony will be more ſcarce daily. Eſtates from hence, ſo there is likely to be no importing of Goods, and then there will be no Exporting, and then our Trade will be utterly loſt, and our Families periſh as it were in a moment.
O ye Parliament-men hear our dying cry, Settle a Peace, ſettle a Peace! ſtrive not who ſhall be greateſt untill you be all confounded. You may if you will preſently determine where the ſupream Power reſides, and ſettle the juſt common Freedomes of the Nation, ſo that all Parties may equally receive Iuſtice, and injoy their Right, and every one may be as much concerned as other to defend thoſe common Freedoms; you may preſently put down your Arbitrary Committees, and let us be Governed by plain written Lawes, in our own Tongue, and pay your Miniſters of Juſtice out of a common Treaſury, that every one may have Juſtice freely and impartially.
You have in your hands the Kings, Queens, and Princes Revenue, and Papiſts Lands, and Biſhops, and Deans, and Chapters Lands, and Sequeſtred Lands, at leaſt to the value of eighteen hundred thouſand pounds by the year, Which is at leaſt five hundred thouſand pounds a year more then will pay the Navy, and all the Army, and the Forces which need to be kept up in England and Ireland; and out of that the Kingdoms debts would be paid yearly; whereas now you run further into Debt daily, and pay one thouſand pounds by the day at leaſt for uſe Money. Beſides you may if you will Proclaim Liberty, for all to come and diſcover to a Committee of diſingaged men, choſen out of every County, one for a County, to diſcover to them what Monies and Treaſure, your own Members, and your Sequeſtrators, &c. have in their hands, and you may by that means find many Millions of Money to pay the publique Debts. You may find 30000. li. in Mr. Richard Darley's hand, 25000. li. in Mr. 55Thorpes hand**M. William Lenthall, Speaker of the Houſe, to cover his cozenage, gave 22000 li. to his ſervant Mr. Cole, to purchaſe land in his own name, though for his uſe; which he did, and then died ſuddenly, and the land fell to his ſon, and the widdow having married a Lawyer, keeps the land for the childes uſe, and ſaith he knows not that his predeceſſor received any mony from the Speaker, and now Mr. Speaker ſueth in Chancery for the land. A hundred ſuch diſcoveries might be made., a Member of Yours, who firſt Proclaimed Sir Iohn Hotham Traytor. And thus you may take off all Taxes preſently, and ſo ſecure Peace, that Trading may revive, and our pining, hungry, famiſhing Families be ſaved.
And O ye Souldiers who refuſed to disband, becauſe you would have Iuſtice and Freedom, who cryed till the Earth ecchoed, Iuſtice, Iuſtice; forget not that cry, but cry ſpeedily for Peace and Iuſtice, louder then ever.