A DECLARATION Of the Commons aſſembled in Parliament, UPON Two Letters ſent by Sir John Brooks, (ſometimes a Member of the Commons Houſe this Parliament, till he was diſabled, being a Projector, Monopoliſt, and Fomentor of the preſent bloudy and unnaturall War; for bearing of Arms actually againſt the Parliament) to Sir William Killegrew at Oxford (intercepted neer Coventrey) giving his advice how the King ſhould proceed in the Treaty upon the Propoſitions for Peace, preſented unto Him by the PARLIAMENT.
With the NAMES of the Lords, Baronets, Knights, Eſquires, Gentlemen, Miniſters and Freeholders, indicted the laſt Seſſions at Grantham, of high-Treaſon, by Sir Peregrine Bartue and the ſaid Sir John Brooks, before themſelves, and other their fellow-Cavaliers, Rebels and Traitors, Commiſſioners, appointed (as they ſay) for that purpoſe.
Who, contrary to the known Laws of this Kingdom, ſeize all the Eſtates of the perſons indicted, require their Tenants to pay in all their Rents of the ſaid Lords and others, unto themſelves, being Commiſſioners and ſharers therein.
Alſo, the Ordinance of both Houſes, made the 17 of Decemb. 1642. that the pretended Commiſſioners, and all others, Sheriffs, Officers, Iurors, and any whom it may concern, may know what to expect, that ſhall preſume to moleſt the Perſons or Eſtates of any for their ſervice to the Parliament and Kingdom.
With ſome Abſtracts of credible Letters from Exceter, who give a further Relation concerning the late Expedition under the command of Sergeant Major James Chudleigh againſt the Corniſh.
Ordred by the Commons in Parl. That this Declaration and Letters be forthwith Printed and publiſhed:
May 10. London, Printed for Edw. Husbands in the Middle-Temple. 1643.
THe Commons in Parliament having received two ſeverall Letters (which were intercepted) written and ſent by Sir John Brooks (ſometimes a Member of that Houſe this Parliament, till he was diſabled, being a great Projector and Monopoliſt, and not onely a deſerter of the ſervice, wherewith he was intruſted for the publique, but alſo a Fomentor of the preſent, bloudy and unnaturall War, and actually bearing of arms againſt the Parliament) unto Sir William Killegrew knight, a great and principall Factor for the Cavaliers in this Rebellion and Deſigne, reſiding at Oxford, during the late Treaty upon the Propoſitions for an Accommodation preſented unto His Majeſtie by both Houſes; whereby, as a further concurrent Teſtimony, the good people of this Kingdom, and all others that willfully have not blinded themſelves, (holding the Truth in unrighteouſneſſe, not ſuffering that to appear; which in their judgements4 they cannot gainſay) may cleerly diſcern by whoſe and what Counſells His Majeſty is ſwayed, and is and hath of late bin ſeduced; that the meaneſt of thoſe that have ingaged themſelves in this helliſh and Tyrannicall Rebellion, do adventure to caſt in their Mites, their Counſells being as various as their Deſignes; ſome endeavouring the promoting of the Popiſh Religion; others, their own lucre and advancement, to make up again their deſperate and broken Fortunes, by the ruine and deſtruction of the faithfull of the Land; ſome, ambitiouſly ſeeking Honor, that they may inſult over the Lords heritage; ſome, to protect themſelves from the hand of publique Juſtice, to which they are obnoxious; and others, hunting for revenge; Each of them ſtriving to be the moſt lying ſpirit in the mouths of all them that encompaſſe the Royall Throne, who have not onely perſwaded, but have prevailed alſo; and have made the Nobles and great Men of England, for the moſt part, of thoſe that have withdrawn themſelves, as the Nobles of Iſrael, Deſtroyers of the work, and hinderers of a Reformation; the Evidences of which Truths are daily ſo cleerly diſcovered, by extraordinary and ſpeciall Acts of divine Providence, ſo viſible, as he that runs may read.
By theſe Letters it appears, That the Lords and Commons of both Houſes, who have not loſt their firſt love, nor deſerted their Truſt, but have appropriated themſelves to the Lords work; that have given ſufficient Teſtimony of their Affections to the ſervice and ſafety of the King and Kingdom, are vilified and traduced, and that in the higheſt places, by theſe wicked and ſeducing Counſellors, who not onely work them out of the good opinion of His Majeſtie, but by their wiles are encompaſſing their Ruine and Deſtruction; have adviſed, that no pardon5 may be given to the Lords and others, that have taken up Arms, though in their own defence, againſt them that are declared by the greateſt Counſell of the Land, to be publique Enemies to the State; and that in every County inquiſition may be made by ſuch Inſtruments as the King may beſt truſt; and a ſpeciall care taken, that none of them may eſcape that are rich, and have good Eſtates; whoſe Names muſt be certified ſpeedily to His Majeſtie, that they may be exempted out of the generall Pardon.
And whereas, according to the known Laws of the Land, as both the Houſes of Parliament by their Declarations of the Seventeenth of January, and Second of February, 1641. have declared, That where there is no Charge againſt any Member of either Houſe, made known to that Houſe of which he is a Member; and he is Arreſted, Attached, Indicted or Accuſed; or where their Eſtates are ſeized or ſequeſtred, which is not made known to ſuch Houſe whereof he is a Member, That it is againſt the Fundamentall Liberties of the Subject, the Rights of Parliament; and that thoſe that did or ſhould offend therein, were guilty of the breach of the Priviledges of the Parliament, of the Liberties of the Subjects, and publique Enemies to the Common-wealth; and thereupon the King himſelf, as appears by His Meſſage of the Twelfth of January following, waved His proceedings againſt the Lord Kimbolton and the Five Members of the Houſe of Commons accuſed of high-Treaſon; And in his Meſſage of the Twenty fourth of the ſame Moneth, ſent to both Houſes, confeſſeth His miſtake in the way: And whereas afterward both the Houſes of Parliament declaring in their Petition to His Majeſtie, That it is the undoubted Right and Priviledge of Parliament, that no Member of either Houſe of Parliament can be proceeded againſt6 without conſent of Parliament; His Majeſtie returned in anſwer the Second of February, 1641. That he did find good cauſe wholly to deſert His proſecution againſt the Lord Kimbolton and five Members.
Yet the ſayd Sir John Brookes, as it appeareth by his letters hereafter mentioned, and as it is moſt evident, the reſt of his fellow Traytors and Rebels that are the pretenders of peace, and of governing the Subject according to the known Laws, have not only broken through and violated theſe known Laws ſo lately declared in Parliament, and confeſſed and conſented unto on all hands, but contrary to all Law and juſtice, by colour of a Regall power and the Kings Prerogative, above the Law, preſumptuouſly againſt all the Rules and Preſidents of Law, under pretence of a Commiſſion of their own procuring to them directed, have cauſed divers members of both Houſes, and divers Gentlemen of Lincolnſhire (whoſe names are hereafter recited) to be Indicted of High-treaſon before themſelves, and have cauſed their eſtates to bee ſeiſed as forfeited, requiring the Tenants of all and every the ſayd perſons ſo Indicted, forthwith, and from time to time as they ſhall grow due, to pay in all the Rents of the ſayd Lords and others, unto themſelves being Commiſsioners and ſharers, which is according to the advice given by the ſaid Sir John Brookes in his Letter againſt the Pardon, whoſe words are, How elſe ſhall the King pay His debts now made for this Warre, and recompence thoſe that have adventured their lives, and ſpent their fortunes, and have been undone? and if the King will not puniſh the one, and reward his faithfull ſervants, He will be in a worſe eſtate by ſuch a peace, than He was at the beginning of this Warre. Theſe pretended Commiſſioners make it criminall to ſuch Tenants as ſhall refuſe to pay in the Rents unto them, threatning7 them with ſevere puniſhments for their neglect and contempt.
Theſe Letters further informe us, what adviſe the Authour hath commended to His Majeſtie concerning the Members of both Houſes, That He ſhould not allow of a Treaty with His Parliament, before they were all reſtored; That the two Houſes may be full of the ſame Members, as at the firſt; inſinuating, That if the two Houſes were ſo filled, the King need not doubt but all things would proceed from them to His Honour and Greatneſſe, and that the King cannot receive Honor nor Right from the reſt that have Traiterouſly plotted His ruine and overthrow, and our Religion, Laws, and Liberties; As he is the firſt that ſo bold-fac'dly chargeth the whole Parliament with Treaſon in the higheſt degree, ſo it were to be wiſht he were the only man that hath put conditions upon the King, threatning Him with a new Warre againſt the King, Kingdom, and Parliament, if His Majeſty ſhould conclude a Peace contrary to their adviſe, and would not gratifie them with the eſtates of ſuch as had borne Arms againſt them; and if the King would permit all thoſe that were for Him to be thruſt out, He will finde hereafter none to ſtand for Him. The Author of theſe Letters, boaſts and glories in that his adviſe is followed, which appears to be moſt true in this particular; for by His Majeſties Meſſage to both Houſes of the 12 of Aprill, 1643. the King Declares, That before He would disbandon the Armies (which was to precede the Treaty upon the other Propoſitions) He would have all the Members of both Houſes to be reſtored, who have been Voted from them (as the Meſſage ſayes) for adhering to His Majeſtie in theſe diſtractions. Let the world judge what theſe men merit, inſtead of a reſtitution to their places in Parliament, who have not only withdrawne themſelves8 from the ſervice, but Traiterouſly have endeavoured to ſubvert the ſame, our Religion, and Liberties, and by force to deſtroy the good people of the Kingdom: what a wonderment would it be to reſtore againe a power to them over the lives, eſtates, and liberties of thoſe who firſt ſent them to ſerve in Parliament, that already threaten to turn their power againſt them to their ruine and deſtruction, being confident they ſhall carry things as they liſt, if the Houſes were filled as at firſt.
The Author in his laſt letter tels us, That His Majeſties laſt Meſſage to the Houſes of Parliament was according to his heart, and for the moſt part the ſame which he formerly ſent to Sir Will. Killegrew, which was read unto the King. Theſe evill Counſellors have diſcovered themſelves, Let the whole Kingdom judge how pleaſing it is, and what peace was to be expected.
The Author concludes with a lamentable ſtory from his wife, every man can quickly tell what he deſerves; 'tis true, his houſe was ſearched, there being good cauſe; but 'tis as true, That although his Lady diſcovered her ſelfe an enemy to the Parliament, there was not, nor yet is there any thing carried away, to the bigneſſe of a Nutt, but all left where it was then found.
ORdered by the Commons in Parliament, That this Declaration, the Letters, the Liſt of the names, and the Ordinance of the 17 of December, 1642. be Printed and publiſhed.
I Should be very glad to heare the King ſhould have his Navy, Revenue, his Forts and Magazins reſtored, but I hope the King will not finiſh the Treaty, but with his two Houſes of Parliament, being full with the ſame Members as at the firſt; for if the King permit all thoſe that were for him to be thruſt out, then I believe hee will find hereafter none to ſtand for him. But it is againſt the Law and right of the Subject, that any being legally elected, ſhould be put out of the houſe, but for ſome offences againſt the known Laws of the Kingdom. And the two Houſes being ſo filled as at the firſt the King need not doubt, but all things will proceed from them to his Honour and greatneſſe. And other ways from the ſixth or ſeventh part of the Houſe, who as all the World knows, have traiterouſly plotted his ruine, and our overthrow, our Religion, Laws & Liberties. Can it be thought poſſible, that from that faction; the King can ever receive honour and right? And I pray let me ſay ſome thing to you concerning a generall pardon, the which I know they will in the end much preſſe for: Firſt, all thoſe that have ſerved the King, will deſire none, nor need any: And if the King ſhould grant to all the Lords and others that have taken up and born arms, and made war againſt his owne perſon and his Forces, I verily believe you will quickly ſee another war again: and beſides, how will the King pay his debts now made for this war, and recompence thoſe that have adventured their lives, and have ſpent their fortunes, and have bin undone by their plundrings? And if the King will not puniſh the one, and reward his faithfull Servants, I doe believe the King2 will be in worſe eſtate by ſuch a Peace, then hee was at the beginning of this war. I am far from diſſwading a pardon to be given to the poore common people, that have bin ſeduced, and ſome for feare, and by force have been conſtrained to this unnaturall and unlawfull war. But all thoſe in every County that have good eſtates, that have contributed, and have in perſon taken arms againſt the King to be excepted, in which inquiry, there muſt be great care taken, other ways many rich notorious Traitors may eſcape. And therefore the King, as I conceive, muſt ſend to thoſe he moſt truſts in every Shire, to certifie the names of thoſe that ought to be exempted out of the generall pardon, as wee have now done by Sir Peregrine Bartue, for our County of Lincolne: I will ſay nothing to you of the taking of Grantham, for the news is by this ſtale, but he can declare all the buſineſſe: only your brother Fines got away, on whom they lay all the fault of the loſſe of the Town. But I hope you ſhall heare better news ere long from us, then that my Lord of Newcaſtle hath muſtered 18000 horſe and foot, and hath taken an entire Troop of Dragoneers from Hotham, ſince Sir Hugh Cholmley's comming in: I pray God ſend the King an honourable an happy peace:
MY Lord of Newcaſtle hath promiſed to let us have 500 Muskets for our money, the which if we can get, we will loſe all our lives, but we will reduce Lincoln-ſhire to the Kings obedience, and be able to ſerve him with 5000 horſe and foot, and to ſecure the County beſides, without any charge to the King. And if the King would ſend us a draught of an aſſociation to be made between us and Nottingham-ſhire,3 Rutland-ſhire, and Leiceſter-ſhire, if hee thinke ſuch a courſe would be for his ſervice, I believe it would utterly overthrow all the Parliaments hopes and ſupplyes from theſe four Counties, and make them all for him. And I doubt not but Darby-ſhire will come in, and many more will follow the example. All men now being cleere-ſighted and weary of theſe oppreſſions, as hatefull to God and man.
ACcording to my promiſe in my laſt Letter, I doe ſend you here incloſed the names of thoſe that were indicted of high Treaſon at our laſt Seſſions at Grantham, I can add no more news but that this day I received from my wife the Copy of the Kings laſt Meſſage to the Houſes of Parliament, which was according to my heart, and the moſt part of it the ſame I formerly writ to you, which you were pleaſed to read to the King. My wife writes that the Commons in Parliament will not ſuffer it to be printed, but I have ſent it to my Lord of Newcastle, to be printed at York, if he think fit. By my wifes Letter, you may perceive, that my houſe in London is plundred from the Garrets to the Celler, and all taken away to the bigneſſe of a Nut: And I am ſure you know, how it was furniſhed. And this act done by a particular Warrant from the Committee: I will die but I will revenge it, and that ere long: God in Heaven deliver the King, and all that love him, from theſe baſe traiterous Devils.
John Wray of Glentworth, Eſquire. Sir Thomas Trollop of Caſwick Baronet. Sir John Brownloe of Belton, Baronet. William Browne of Sleeford, Gentleman. Thomas Savill of Neiwton, Eſquire. Henry Maſſingberd of Bratoft, Gentleman. Drayner Maſſinberg, of the ſame, Gentleman. John Archer of Panton, Eſquire. Thomas Liſter of Colby, Eſquire. Thomas Grantham of Goltho, Eſquire. Edward King of Martin, Eſquire. Edward Roſſeter of Somerole, Eſquire. Thomas Welby of Boſton, Gentleman, Francis Fines of Threckingham,11 gent. William Welbie of Dentongent. Edward Whichcot of Biſhop Norton, Eſquire. Mullineux Diſney of Norton Diſney, gem. Edward Ayſcough of North Kelſey, Eſq John Bolland of Gosberkirke husbandman. John Darrell of Grantham, Gent. William Thompſon of Roxholme Gent. Nicholas Norwood of Preiſton, gent. Thomas Briſtow of Grantham Gent. Thomas Blundell of the ſame Eſquire. William Toller of Billingborow, Yeoman. Richard Shepperdſon of Grantham, Mercer. Robert Kelham of Grantham Tanner. John Griffith of the Baile of Lincolne, Gent. Robert Bee of Sleeford woollen Draper. William Fearing of Grantham Cordwayner. Samuel Askew of Harlaxton, yeoman. Thomas Silon of Boſton gent. William Cole of Boſton Cordwayner. John Browne of Billingburgh gent. Matthias Browne of Horbling gent. Richard Toller of Billingburgh gent. Thomas Wallis of Swaton Clerke. Andrew Thornton of South Kine, Clerke. Thomas Scochey of great Hale Clerke. George Foſter of great Hale yeoman. Nicholas Timberland of Threckingham yeoman. John Seagrave of Stow greene, yeoman. Clement Benſon of North Kelſey Gent. Edward Tilſon of Boſton woollen Draper. Edward Skipwith of Grantham Gent. William Clarke of Grantham Apothecarie. Richard Cony of the ſame, gent. William Berrie of the ſame, Gent. Robert Ram of Spalding, Clerke. Robert Alford of Sleford Clerke. Francis Manbie, of Lincolne Gent. William Savill of Newton gent. Thomas Hall of Donington yeoman. Samuel Lee of Burton Pedwerdine, Clerke. Thomas Ballard late of Sleeford, gent. Willam Ballard of Brant Broughton gent. John Harrington of Spalding the elder Eſquire. John Harrington of the ſame, the younger gent. Robert Cawdron of great Hale Eſquire. Mathew Briggs of Sunflet, yeoman. Zacharias Briggs of the ſame yeoman. John Burton of the ſame gent. Peter Dickenſon of Gain brough gent. Joſeph Larke of the ſame gent. Thomas Ogle of Pinchbecke, Eſquire. John Pedder of Surſtet gent. John Plummer of Gosborkirke, yeoman. John Good yeare of Heckington yeoman. Thomas Eaſtcoate alias Eſcoath of Algarkirke Gent. Sir Edward Hartupp the12 younger of Grantham Knight. Thomas Garthwaite of Harmſton gent. Ephraim Garthwaite of Barkeſton Clerke. Sir Hamond Whichcot of Sleford Knight. Matthew Read of Grantham gent. Daniel North of the ſame, Gent. Henry Bleſtet of the ſame Gent. Wyat Perkins of Pinchbecke Gent. Thomas Pell of Cosberkirke, yeoman.
VVHereas information hath beene given to the Lords and commons aſſembled in Parliament, that Clifton Catesby, Iohn Lilburne, and Robert Vivers Captaines in the Army, raiſed by Authority of both Houſes of Parliament for the neceſſarie defence of the true Proteſtant, Religion the King, Parliament, and Kingdome, under the Command of Robert Earle of Eſſex, Captaine Generall thereof were taken Priſoners by the forces raiſed againſt the Parliament, in executing their ſeverall duties and ſervices according to the Ordinances of both the ſaid Houſes, and after carried Priſoners to Oxford Gaole, and having beene moſt barbarouſly uſed, are now queſtioned, and proceeded againſt by way of Indictment before Sir Robert Heath Kt. one of his Majeſties Iuſtices of the Kings Bench, and others (by colour of ſome Commiſſion or other Authority from his Majeſtie) for high Treaſon, and other ſuppoſed miſdemeanors; whereas many have beene taken Priſoners by the Parliament forces in the act of Warre againſt the Parliament, which by the Lawes and ſtatutes of this Realme is Rebellion, and high Treaſon againſt the King and Kingdome, and the Actors herein Traitors; and yet none of them have hitherto beene13 put to death, or otherwiſe ſeverely dealt with by the Parliament. It is therefore Ordered and declared by the ſaid Lords and Commons that all ſuch Indictments and other proceedings againſt the ſaid Capt. Catesby, Capt. Lilbourne, and Cap. Vivers, or againſt Capt. Wingate, who have done faithfull and good ſervice to the Common-wealth, or againſt any other perſon or perſons, who have done or ſhall doe any ſervice in the ſaid Army; or for the raiſing of any moneys, Plate, horſe, or Armes, for the mainetenance thereof, or otherwiſe in the execution or Purſuance of any Order or ordinance of both or either of the ſaid Houſes of Parliament for the defence of the publique ſafetie, are unjuſt and illegall, and the ſaid Sir Robert Heath and all other Commiſſioners, Iuſtices, Sheriffes, Jurors, and other officers and Miniſters of Juſtice, and other Perſons whatſoever are hereby required and injoyned to ſurceaſe any further proceedings againſt the ſaid perſons before named or any other for any the cauſes aforeſaid upon the ſaid Indictments or otherwiſe. And the ſaid Lords and Commons doe further declare, that if the ſaid perſons before mentioned or any of them or any other ſhall be put to death or other hurt or violence offered to their or any of their perſons for or by reaſon of any ſuch ſervice done or to be done by or according to any order or Ordinance of both or either of the ſaid Houſes, the like puniſhment ſhall be inflicted by death or otherwiſe upon ſuch priſoners as have beene or ſhall be taken by the forces raiſed by Authority of both Houſes of Parliament; And if the ſaid Sir Robert Heath, or any other Commiſſioner, Iuſtice, Sheriffe, Iuror of other Officer or miniſter of Iuſtice or other perſon ſhall doe contrary to this Ordinance in any the premiſſes they and every of them for ſo doing ſhall be proceeded againſt and dealt with as enemies to the King and Kingdome.
DIvers of the Cavaliers which then were preſent & ſince taken Priſoners tell us, and we have it from better hands, that God did ſhew himſelfe that day, which was Tueſday, the 25 of April laſt, more wonderfull in his Judgements, then hath been yet related, for when the Cavaliers were paſt two miles beyond the place we purſued or chaſed them, they fell upon and deſtroyed one another, for wee having got their word (which was Lanceſton) and they ours, which was (Religion) comming amongſt their own friends, and into their owne quarters, but conceiving it to be ours, and being demanded the word, and ſaying (Religion) they fought and killed many of themſelves.
That ſome men well affected to the Parliament, who were inforced to ſerve in Hoptons Army, informe us, that immediately upon the fight, there was ſuch a terrible Thunder and Lightning, that the Lightning fired many of the Cavaliers Bandaleeres, which burnt their cloathes, faces and haire that many of the wounded and ſcall'd men dyed dayly in Lanceston.
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