For every Individuall Member of the Honourable Houſe of Commons.

THe law of England having alwayes been eſteemed by me the viſible ſtate, ſecurity of my life, liberty, and propriety, for the preſervation of which, I have in the field with my ſword in my hand often run the h•zzard of death, and being oppreſſed contrary thereunto by the preſent Houſe of Lords in Iune 1646. I coould doe no leſſe for my own preſervation, and the preſer­•ation of the liberties and freedomes of my native country, then to fly by way of Appeale to the au­•hority and juriſdiction of your Houſe (my legall Peers and Equalls) who by the Commons of Eng­•and are choſen and bet•uſted to be the great and grand Patrons and Guardians of their liberties and•reedomes, and ought not to ſuffer them to be trodden underfoot by all the Lords in England. And my•ormall Appeale from the priſon of Newgate, I made unto your houſe, the 16. of Iune 1646. (now•rinted in the 9. 10, 11. pages of The Free mans freedome vindicated) which was accepted, and appro­•ed of by your Houſe, and alſo read and debated, and committed to a ſelect and choſen Committee,•here Mr. Henry Martin had the Chaſte, (before whom I made my plea, and ſince printed it, and cal­•••An Anatamy of the Lords tyranny) who was on•y authoriſed in matter of fact to examine all the Lords proceedings with me, ther being then, as appealed to me no ſcruple either in the houſe, or any of•hat Committee about the Lords juriſdiction over a Commoner, and having moſt illegally, in a tyran­nicall and chargeable impriſonment, ſtaid above•6 moneths for that report, there being, as to mee•ppeares, ſome more ſcruples in your houſe now about the Lords juriſdiction, then was when I firſt•ppealed to you; your houſe reſolved upon 15. October, 1647. anew, to commit the whole•atter of my•eport then lately made by Mr. Martin, to a new Committee, who are to conſider of preſidents in•his and the like caſes, and to ſtate their opinions to the houſe, what they thinke fit to be done there­upon, and the ſpeciall care of it is referred to Mr. Maynard, before whom and the Committee I appea­•ed the 20. October, 1647. and had liberty to make my grand Plea in point of law againſt the Lords•uriſdiction, and their unjuſt and illegall dealings with me, which grand plea, with my addition•••lea) herewith preſent unto you, intreating you as one of my Iudges, ſeriouſly to read and conſider I•.

And on the 1. November 1647, upon a motion in your houſe for an addition to my Committee, (that ſo my long and unſupportable attendance may come to ſome iſſue) all the Members of your Houſe that will come to my Committee are added to it, and by the power of that Committee, I am ſummoned before them the 8. preſent, to ſtate my queſtions, upon which their reſults or judgements are〈◊〉•low, or be grounded, and being before them, apprehended ſome conceptions in them, that the matter was very difficult and weighty, although I conceive in my aforeſaid pleas, I have made it as•••in as the Sun that ſhines at noone day, that the Lords have dealt moſt illegally and unjuſtly with me, and dare venter my life and being upon what I have before both Committees ſaid againſt, at the Lawyer, in England in point of law, but in regard I apprehend (for all I have ſaid) that there is ſome•cruples in ſome Members of that Committee, and may be much more in divers in the houſe, when it is reported in that ſlender manner that it is like, there being not any reſults upon the〈◊〉queſtion〈◊〉the Committee. I therfore crave leave in writing to ſtate my queſtions I preſented to the Commit­tee, with ſome additions to them, and in the firſt place I lay down this poſition, which at my utmoſt•••ll•according to the rules of law and iuſtice, I will make good, viz.

That the book called my plea to Iudge Reeves, for wrighting of which I was ſummoned to the Lords bar, it an honeſt and iuſt booke, free from ſcandals and falſhoods, and hath nothing but〈◊〉in it, and therefore neither puniſhable by the Houſe of Lords, nor any Court of juſtice in England, but admit it were full of notorious ſcandalls in the higheſt nature, the maine queſtion will〈…〉.

1. Whether the houſe of Lords by the Law of England, have any originall iuriſdiction, in〈◊〉o•••••ly, to ſummon me a free commoner of England up to their barre to anſwer a charge for〈◊〉the foreſaid booke, or any other booke though never ſo ſcandalous in it ſelf? which I poſitively deny, and ſ••ven ſtrong reaſons or arguments J made before, and gave unto the foreſaid Committee, which you may pleaſe to read in my Grand Plea pag. 6, 7, 8, 9, 10, 11, 12〈◊〉of which briefly are. 〈◊〉alſo my plea Mr. Martin, pa. 9. 10.

Firſt that the Lords ſit not in their Houſe by any power or authority, d••••from the peoples free election and choice, but are meerly and altogether the••••­tures of the King, made by his prerogative, ſometimes of the baſeſt and corr•p••••of the people, being the meere iſſues of his will, who himſelfe is limited and bounded by the law,〈◊〉who by his writ that ſummons them to ſit in Parliament, only impowers them to confer and treat〈◊〉him (or afford their Councell) of certaine hard urgent affaires, concerning himſelfe, the State,〈◊〉defence of the Kingdome of England, and the Church thereof, but my pretended offence touch••none of theſe things. And beſides, the Lords had no conference nor treaty with the King, their pre­rogative foutaine, Ergo: but read my Grand plea, pag. 6, and 7.

Secondly, I was the 10. of Iune 1646. ſummoned up to the Lords bar, to anſwer ſuch things a••ſtood charged with before their Lorſhips, concerning a pamphlet intituled as before, which did not in the leaſt belong unto the juriſdiction of their Court, but at the moſt, is meerly an action tryable at the Common law, and no where elſe, (ſee Cookes 5. part report, pag. 125. De libellis fam•ſis, and 13. Hen. 7. Relway, and 11 Eliz. Dier 285. and 30. Aſſiſe, pla. 19. and 3. E. 1. chap. 33. and 37. E. 3.18. and 38. E. 3.9. and 42. E. 3.3. and 2. R. 2.5 and 12. R. 2.11. and 1 part of your own book〈◊〉Decl. pag. 208. read my Plea pag. 7, and 8.) And being ſo, they ought not to have medled with it, it being a known maxime in law, that when an ordinary remedie may be had, an extraordinary is not to be made uſe of.

Thirdly, no man is to be impriſoned nor iudged, but by the known, eſtabliſhed and declared law••of the land, ſee the Petition of Right. But there is no eſtabliſhed law of the land for the iudgment of the Lords in any thing, where the King their creature is not concurrent, 14. E. 3. c. 5. Which ſtatute plainly ſhewes that in delayes of iuſtice or error in iudgement in inferior Courts, (which is all the cauſes they have iuriſdiction of by law, which binds them as well as any other Court, 4. H. 4.23. ) there ought to be a Petition to the King, and a Commiſſion from him to them, to give them cognizance or power of it, but none of this was in my caſe Ergo: but read my Plea, pag. 8. and 9

Fourthly, By Magna Charta, and 3. E. 1.16 and the Petition of Right, no man is to be iudged〈◊〉by his Peers or Equalls, that is men of his own condition, and by due proceſſe, by indictment, pre­ſentment, or originall writ, by a iurie of his Equall, of good and lawfull people of the ſame neigh­bourhood, according to the old law of the land. But the Lords are none of my Peers, See Clarkes caſe 5. part Cookes reports, and his 2. part inſtitutes. ſol. 28.29.48.50. and Sir Simon de Berisfords caſe 4. E. 3. R•t. 2. Neither had I in any one particular any legall proceeding, being ſummoned before any charge was filed againſt me Ergo: but read my plea pag. 9, and 10.

Fiftly, By the lawes of this land, no man is to be Iudge in his own caſe,•. H. 6. ſol. 1•. and 5. E•••. Dier. 220. and Dr. Bonhams caſe 8. part Cookes reports. But the Lords were with me complainants proſecutors, witneſſes, fury and Iudges, Ergo: but read my plea, pag. 10. 11. and 1. part book, D••. pag. 38. 39. 201, 278.

Sixtly, if the Lords iudgement originally were binding againſt me, then a few Lords would bl••not only me, but all the Commons of England, (who one by one may be ſerved by them as I am) and that without any hope of redreſſe, they being Iudges ſtill in the appeal•(which both law and rea•••abhors, 1. part book Decl. pag. 41. 150. 207. 496. 637. 690. 726. 728 ) and to by this meanes the weale and ſafety of the people (called by you the ſupreame law, 2. part book Decl. pag. 879.) is totally deſtroyed, and we the Commons of England made the perfecteſt ſlaves in the world, by having o•fundamentall lawes deſtroyed and made Cyphers, and the power of our repreſentatives deſtroyed and made Ciphers, which•s an act of higher treaſon then ever was committed by Str•fford, and〈◊〉thouſand times more iuſtly deſerves his doome, then his crime (of but endevouring to ſubvert〈◊〉fundamentall lawes) did, but read my grand plea, pag. 11, and 12.

Seventhly, The Lords being the meere creatures of the King made by his will, and pleaſure, and〈◊〉there as prerogative perſons only, and yet in law and by their own principles, as Lords with•••the King they have to prerogative, and yet have with a witneſſe a•ted upon me, &c. without the King or his particular Commiſſion, which makes all they have done unto me to be null, and void,〈◊〉in law and reaſon, and renders them in my apprehenſion (for this their habit••llneſſe in the w••••and higheſt of tyranny) to have forfeited their power and honour, and〈◊〉ought any〈◊〉by〈◊〉〈◊〉truſtees of the people, (and who ſhould be the carefull•and watchfull Guardians of their lawes•nd liberties) to be owned or acknowledged to be a houſe of Peers, but a company of Apoſtates falno••om their firſt inſtitution, and abſolutely degen••ated into a pack of tyrants, and therefore in equity,•eaſon, and iuſtice, ought as well as the Star-Chamber, to be pluckt up by the roots and tranſcendently••ned beſides.

The ſecond queſtion that at the Committee I truly ſtated was this, whether it be warrantable or•uſtifiable by law in the Houſe of Lords to ſummon me a free and legall Commoner of England up to•heir b•r, to anſwer a charge before any be in being, or filed againſt me? which alſo I poſitively deny,•nd have proved to be moſt illegall in my plea laſt yeare before Mr. pag. 8: 9 ſee alſo the 4th reaſon•efore.

My third queſtion at the Commitee I ſtated to this effect, whether by the law of England, it be juſtifi­•ble for the Lords to ſummon me up to their bar to anſwer a charge, and then when I come there, re­fuſe to ſhew it me, though deſired by me, but examine me upon interrogatories againſt my ſelfe? which I alſo confidently deny, and for proofes ſe•your own Votes made for me in your houſe the 21. of May 1641. againſt the Star-Chamber, and the Lords own decree made in that very cauſe 13. Feb. •645. printed in the laſt page of my relation of my proceedings at their bar.

My fourth queſtion that now I truly ſtate is this, whether it be warrantable by law in the Lords to ſummon me to anſwer a charge at their bar before they have any crimes againſt me, and Ex officio to examine me, and thereby either force it to ſtand mute, (which they would conſture a contempt) or to plead for my ſelfe, and from my plea to p•ck quarrells againſt me; and ſo•otally wave the thing they originally ſummoned me for, and commit me for a pretended crime, com­mitted Ex poſtſacto, to remaine in priſon, during their pleaſure? which is ad infi•itum even till dooms day in the afternoon, for they will never be juſt till then, and ſo I ſhall never be releaſed by•hem: ſee their warrant of commitment of the 11. Iune 1646. and my printed plea to Mr. Martin, pag 5. and 7.

My fift queſtion I ſtate is this, whether it be warrantable by the law of England, for the Lords to ſummon me up to their bar, where by their ille•all dealings with me, I am neceſſitated to declare a­gainſt their aſſuming a juriſdiction over me, and before them under my hand and ſeale, appeale to my legall judges the Houſe of Commons, and yet notwithſtanding they got on to judge me, before my appeale (which was a ſuperſedeas) be determined? ſee my reaſons in the 9. p. of my plea to Mr. Martin.

My ſixt queſtion I ſtate thus, whether it be warrantable by law for the Lords to ſummon me up to their bar after my appeale to the Houſe of Commons, and when I am by force brought, ſay nothing to me, but command me to kneele at their bar, and for refuſing ſo to doe, commit me during their plea­ſure cloſe priſoner to Newgate, without pen, inke, or paper, or the acceſſe of any whatſoever in any kind, but only my keeper, and then to ſet Sergeant Finch, Mr. Hayle, Mr. Hear•ne, and Mr. Glover, to draw up a charge againſt me, for pretended crimes committed after my firſt ſummons, and without ever giving me notice, or ſuffering me to ſpeake either with my wife, friends or councell, to bring me up the third time after three weekes cl•ſe and barbarous tyrannicall reſtraint, to anſwer a charge•ſee their warrant of cloſe impriſonment of the 23. of Iune 1646. and the 5. 9. pag of my plea to Mr. Martin.

My ſeaventh queſtion, I ſtate thus, whether any Court in England that meddles with that which by law they have no juriſdiction of, can either fine or impriſon the party ſummoned before them, in ſuch a caſe for contemning, affronting or abuſing of them? or whether it was any affront or contempt, (in law) in me, for maintaining in high language at the Lords bar my legall rights againſt their〈◊〉••­ping incroachments ſee my reaſons and arguments in the 12, 13, 14. pages of my grand plea.

My eight queſtion is this, whether or no it be juſtifiable by the law of England, for the houſe of Lords for a pretended or reall miſdemeanor, totally to deſtroy my contin•ment or continuance by fining me 4000. l. being more then ever I wa•worth? and making me uncapable for ever to〈◊〉my office either Marſhall or Civill in Church or Common wealth, and ſeaven years impriſonment in the Tower of London, 11. or 13. weekes of which in the Tower J was divorced from my wife, and all my friends, and the names of all thoſe that came to viſit me taken? ſee the 14. chap of〈…〉3. E. 1.6. and the 10. and 2•. pages of my plea to Mr. Martin.

My laſt queſtion is this, whether in caſe the Lords have no legall juriſdiction over me, wheth••〈◊〉no are not all thoſe Gaolers and keepers of priſons, &c. that have executed their illegall orders, de­crees, and commands upon me, lyable by the law of England to make me reparations therefore? In the caſe of the Marſhall•es, in the 10. part of Cookes reports.

And now Sir, ſeeing the Committee hath not fulfilled the order of the houſe, in giving their o­pinions of the cauſe, and yet intend to report it, by which meanes I have loſt and am deprived of the chiefeſt good I expected from the Committee, and may be at ten times a greater loſſe in the Ho•••ſo rawly it come to be reported, wherefore if you be a true Engliſh man, and a man of juſtice and•••­nour, I earneſtly and preſſingly deſire your juſt aſſiſtance, that I may have a ſpeciall day aſſign•••〈◊〉the Committee once againe to ſit, and that ſeeing by divers of your houſe, the opinions of the Law­yers is iudged ſo eſſentiall to the determination of the buſineſſe, I earneſtly deſire your iuſt aſſiſtan•for aſpeciall order from your houſe, that 10. or 20. of them may attend that day. And in regard Mr. Maynard to whom by your houſe the eſpeciall care of the buſineſſe is committed, is ſo extraordinary full of buſineſſe being tear me time, that it may be he cannot conveniently be there, nor it may be ſpe••ſo much time as a full and legall debate, pro andcon will require, then I earneſtly deſire, that ſeeing all the members of the houſe are of that Committee, that the Maior number preſent,〈◊〉appo•••new Chairman, fully to debate and argue the buſineſſe openly and freely and poſitively draw up the reſults, opinions, and ſenſe of the Committee upon the•hole buſineſſe, and if your houſe thi••e〈◊〉I earneſtly deſire the Lords may have notice to ſend, if they pleaſe their Proctors, to defend if they〈◊〉their dealing with me, or if not this:

Then ſecondly, I earneſtly deſire your aſſiſtance to procure of the houſe, a fixed day when Mr. May­nard ſhall make the report as it is, that ſo it may receive a full debate in a conſiderable full houſe and that if it be poſſible the houſe may be turned into a grand Committee, that ſo every man may fully ſpeake his conſcience and iudgement, that ſo every man in the houſe may truly know the ſtate of the buſineſſe, that ſo neither the Houſe of Lords, nor I may raſhly or inconſiderately be condemned, by maiority of voices, and if my cauſe ſingly laid in the impartiall ſcale of iuſtice and law, will not•en•our it ſelfe, J crave not our haires breadth of favour or mercy, only I earneſtly deſire that none of my writings occaſioned by the Lords tranſcendent and almoſt unſupportable oppreſſions•••••he,〈◊〉be thrown in, to hinder the validity, force or ſtrength of that judgement I deſire, till the finall iudge­ment of your houſe be paſt, and then I ſhall according to the rule of law and juſtice, anſwer the Lords or any elſe in England, that hath any thing to ſay to me therefore. And to conclude all, ſeeing the Apoſtle Paul ſaith, He is worſe then an infidell, that doth not his utmoſt to provide for his family. And the Prophet Ieremiah ſaith, They that be ſlai•e with the Sword, are better then they that be ſlain with hunger for theſe pure away, ſtricken through for want of the fruits of the〈◊〉. And ſeeing? I have ſ•a••e been free one years together this 11. yeares from chargeable〈…〉, and ſeeing I ha••••llowed this Houſe now above 7. yeares for iuſtice againſt my Star-Chamber iudges to my extraor­dianry charges, and yet to this day have not obtained one farthing tokens worth〈◊〉•••ctive iuſtice all which truly ſaid together be good earneſt, renders any gallant death in the wor••〈◊〉it•ome〈◊〉from my•e••e) more acceptable unto me th••a continuance in my uniuſt, un••pportable and〈◊〉impriſonment, it being too perfect a b•d•of ſlavery for a heroic -••ſpirit••••••y to•maine〈◊〉therefore if there be my〈◊〉of compaſſion in you, or any ſparke of〈…〉•••cience, I moſt came〈◊〉, and moſt pre••••g•y intreat your active aſſiſtance〈◊〉ſpeedy per••d of•y buſineſſe before you, either to my iuſtification it innocent, or condemnation••legally guilty, a••that I may not be kept in perſon in a•••••ing condition, but may immediately be〈◊〉•ith〈◊〉an allowance for my ſub•••t•nce as is my right and〈◊〉, both by the law of England, and the cuſtomed the Power. Or elſe that〈◊〉will take ſpeedy〈◊〉th••I may receive〈8 letters〉tions from my S•••- Chamber Iudges, (which〈◊〉laid at your〈◊〉2. yeares, and〈…〉your Houſe to hel••me to (if they pleaſe) as for me to come to Weſtminſter to deſire it of yo••that ſo I may have ſome thing of my own to keep me alive, and my wife and little children,〈…〉I rest your true friend in the faithfull diſcharge of your duty to the kingdome.