The out-cryes of oppreſſed Commons.Directed to all the Rationall and underſtanding men in the Kingdome of England, and Dominion of Wales, (that have not reſolved with themſelves to be Vaſſells and Slaves, unto the luſts and wills of Tyrants.) From Lieut. Col. John Lilburne, prerogative priſoner in the Tower of London, and Richard Overton, prerogative priſoner, in the infamous Gaole of Newgate. Febr. 1647.
GEntle men, Anti-Magiſtrates we are not, but owne Magiſtracy as Gods Ordinance appointed for the good and well being of man-kind, Rom. 13.1.2.3.4.5.6. Unto whoſe power and Authority, in all lawfull things, we both have, and are willing to ſtoop unto, but no further, neither doe we crave or deſire, any favour, priviledge or benefit, but what is given unto us by the good, eſtabliſhed and juſt Lawes of England (which the Parliament ſolemnly, have often ſworne to maintain) of which for our particulars, we have for many moneths been robd of, by the tyranny and uſurpation of the Lords, (commonly called the Houſe of Peeres) now ſitting at Weſtminſter, who have uſurpedly, and contrary to the juſt and knowne Law of the Land, aſſumed unto themſelves, (by the law of their owne wills) a power in criminall cauſes, to judge and commit us who are Commoners, which by law they have no authority not in the leaſt to doe, as appeares in the twenty ninth Chapter of Magna Charta, which expreſly ſaith,No freeman ſhall be taken or impriſoned, or be diſſeiſed of his free-hold, or liberties, or free cuſtomes, or be out-lawed, or exiled, or any otherwiſe diſtroyed, nor we will not paſſe upon him, nor condemne him, but by lawfull judgement of his Peers, or by the law of the Land. We will ſell to no man, we will not deny nor deferre to any man either juſtice or right.And the 3. E. 1. 6. likewiſe expreſly ſaith,and that no City Borough, norrowne, nor any man be amerced without reaſonable cauſe and according to the quantity of his treſpaſſe, that is to ſay, every free man ſaving his free hold ▪ (9 H. 3. 1•.) A Merchant ſaving his Merchandize, a Villain ſaving his waynage, and that by his or their Peers.Which 29 Chap. of Magna Charta, is expreſſe by name confirmed in the Petition of Right, made in the third yeare of the preſent King Charles, which abſolutely aboliſheth all Lawes made in derogation of the ſaid juſt Law, which Petition of Right, and every clawſe therein contained, is expreſly confirmed by this2 preſent Parliament, as appeares by the ſtatute that aboliſhed the Star Chamber, and the ſtatute, that aboliſhed Ship money. And that learned man of the Law Sir Edward Cooke, in his expoſition of Magna Charta, which booke is publiſhed, to the publique view of the Kingdome as Law, by two ſpeciall orders of the preſent Houſe of Commons, as in the laſt pag. thereof you may read, who in his expoſition of the 14. chap. of Magna Charta, 2. part inſtitutes fol. 28. ſaith, that by Peers, is meant Equalls, and in fol. 29. he ſaith, the generall diviſion of perſons by the Law of England, is either one that is Noble, and in reſpect of his Nobility of the Lords Houſe of Parliament, or one of the Commons of the Realm, and in reſpect thereof, of the Houſe of Commons in Parliament, and as there be divers degrees of Nobility, as Dukes, Marqueſſes, Earles, Viſcounts and Barons, and yet all of them are comprehended within the word PARES, ſo of the Commons of the Realme, there be Knights, Eſquires, Gentle-men, Citizens, yea men and Burgeſſes of ſeverall degrees, and yet all of them of the Commons of the Realm, and as every of the Nobles is one, a Peer to another, though he be of a ſeverall degree, ſo is it of the Commons, and as it hath been ſaid of men, ſo doth it hold of Noble Women, either by birth or by marriage, but ſee hereof, chap. 29. And in his expoſition of chap. 29. pag. 46. Ibim. he ſaith,no man ſhall be diſſeiſed, that is, put out of ſeiſon, or diſpoſſeſſed of his free-hold, (that is) lands or lively-hood, or of his liberties, or free cuſtomes, that is, of ſuch franchiſes, and freedomes, and free-cuſtomes, as belong to him by his free birth-right, unleſſe it be by the lawfull judgement, that is, verdict of his EQUALS, (that is men of his owne condition) or by the Law of the Land, that is to ſpeake once for all) by the due courſe and proceſſe of Law.
No man ſhall be in any ſort diſtroyed (to deſtroy id eſt) what was firſt built and made, wholly to overthrow and pull downe) unleſſe it be by the verdict of his Equalls, or according to the law of the Land. And ſo ſaith hee is the ſentence, (neither will we paſſe up him) to be underſtood, but by the judgement of his Peers, that is Equalls, or according to the Law of the Land, ſee him, fol. 48. upon this ſentence; pro judinum parum ſuorum, and pag. 50. he ſaith it was inacted, that the Lords and Peers of the Realm, ſhould not give judgement upon any but their Peeres, and cites Rot. Parl. 4. E. 3 Num. 6. But the Roule is 4 E. 3. Num. 2, in the caſe of Sir Simon de Bereford, in which the Lords doe ingeniouſly confeſſe, that it is contrary to Law, for them to paſſe judgement upon a Commoner, being they are not their Peers, that is Equalls, which record at large you may read in The oppreſſed mans oppreſſions declared, Edition the ſecond. page 18, 19. And alſo in part: in Vox Plebis, pag. 40. 41.
So that by what hath been ſaid, it cleerly, evidently, and undeniably appeares by the Law of the Land, and the Lords owne confeſſion, that they are not the Peers or Iudges of Commoners in any criminall caſes whatſoever And we offer (at our utmoſt peril) before any legall power in England, to maintaine it by the knowne and declared Law of the Land, (which the Lords themſelves, have ſolemnly covinanted and ſworne to maintaine) that the Lords by the Law of England, have not in the leaſt any Iuriſdiction at all over any of the Commons of England in any criminall caſes whatſoever. But if the ſtudious and induſtrious Reader, pleaſe to read that notable, and late printed booke, called Regall tyranny diſcovered, he ſhall find that the Author of that booke in his 43. 44, 45, 46, 47, and 86. pages layes downe many ſtrong and ſolid arguments, to prove that the Houſe of Lords have not juſtly, neither judicative, noe legiſlative power at all in them; and in his 94. 95, 96, 97, 98. pages he declares from very ſound and good authority that before William the Conquerour and invader, ſubdued the rights and priviledges of Parliaments, that the King and the Commons held and kept Parliaments, without Temporall Lords, Biſhops, or Abbots, the3 two laſt of which, viz. Biſhops and Abbots he proves had as true and good right to ſit in Parliament as any of the preſent Lords now ſitting at Weſtminſter, either now have, or ever had, yea, and out of the 20. 21. pages of that notable, and very uſefull to be knowne book, called the manner of holding Parliaments in England, before and ſince the conqueſt, &c. declares plainly, that in times by paſt, there was neither Biſhops, Earle nor Baron, and yet even then the Kings of England kept Parliaments with their Commons only, and though ſince by innovation, Biſhops, Earles and Barons, have been by the Kings prerogative Charters, (which of what legall or binding authority they are, you may fully read in the Lords and Commons Declaration this preſent Parliament) ſummoned to ſit in Parliament, yet not withſtanding the King may hold a Parliament, with the Commonalty, or Commons of the Kingdome, without B•ſhops, Earles, and Barons, and ſaith Mr. Will. Prynn, in the 1 part of his Soveraign Power of Parliaments, pag. 43. (which booke is commanded to be printed by ſpeciall authority, of the preſent Houſe of Commons) out of Mr. Iohn Vowells manner of holding Parliaments, which is recorded in Holingh: Cron of Ireland, fol. 127. 128. that in times, by paſt the King and the Commons did make a full Parliament, which authority was never hitherto abridged. Yea, this preſent Parliament in their Declaration concerning the Treaty of Peace in Yorkſhire 20 Septem. 1641. betwixt the Lord Fairfax, &c. and Mr. Bellaſis, &c. book decl. 1. part. pag. 628. doe declare, firſt, that none of the parties to that agreement, had any authority by any act of theirs, to bind that Country, to any ſuch Nutrality, as is mentioned in that agreement, it being a peculiar and proper power and priveledge of Parliament, where the whole body of the Kingdome is repreſented to bind all or any part. And we ſay the body of the Kingdome, is repreſented only in the Houſe of Commons, the Lords not being in the leaſt choſen or repreſent any body at all, yea, and the Houſe of Commons, calls their ſingle order, for the receiving of Pole-money, May 6. 1642. 1. part decl. pag. 178. An order of the Houſe of Parliament, yea, and by ſeverall ſingle orders, have acted in the greateſt affaires of the Commonwealth.
And yet notwithſtanding all this, the Lords like a company of for-ſworne men, (for they have often ſolemnly ſworne to maintaine the Law) have by force and violence, indeavoured to their power, and contrary to law, to aſſume to themſelves a judicative power over us, (who are Commons of England in criminal caſes,) and for refuſing to ſtoop therunto, have barbarouſly for many moneths tirannized over us, with impriſonments, &c. And we according to that duty we owe to our native country, and to our ſelves and ours, for the preſervation of our ſelves, and the good and juſt declared lawes and libertise of England, and from keeping our ſelves and our poſterities, from vaſſalage and bondage, did thereupon according to law and juſtice, appeale to the honourable Houſe of Commons (as you may truly and largely read, in divers and ſundry bookes, publiſhed by us, and our friends) as the ſupreame and legall power and judicature in England, whom we did thinke and judge, had been choſen of purpoſe, by the free men of England to maintaine the fundamentall good lawes and liberties thereof, but to their everlaſting ſhame (and the amazement of all that choſe and betruſted them) We are forced to ſpeake it, we have not yet found any reall intentions in them, to performe unto us, the truſt in that particular repoſed in them by the whole Kingdome, neither have we any grounded cauſe to, ſay (in truth) any otherwiſe of them, but that they are more ſtudious and induſtrious-unjuſtly in deviding hundred thouſands of pounds of the Common wealths Money amongſt themſelves, then in in actuall doing to us (in whom all and every the Commons of England are concerned, for what by the wills of the Lords is done to us to day, may by4 done to any Commoner of England to morrow) either juſtice or right, according to their duty, and their often ſworne oathes, though we have not ceaſed continuall to the utmoſt of our power, legally, and iuſtly to crave it at their hands, as you may fully read in our forementioned printed bookes. Sure we are; they tell us in their printed Declarations that they are choſen and betruſted by the people, 1. part decl. pag, 171, 172. 263, 264, 266. 336, 340, 361, 459. 462. 508. 588, 613, 628. 690. 703, 705, 711. 714. 716. 724, 725. 729. And that to provide for their weale, but not for their woe, booke decl. 1. part page 150. 81. 382. 726. 728.
And they in their notable Declaration of the 2. Novemb. 1642. booke decl. 1 part pag. 700. expreſly tell us, that all intereſts of publique truſt is only for the publique good, and not for private advantages, nor to the prejudice of any mans particular intereſt, much leſſe of the publique, and in the ſame page they further ſay, that all intereſts of truſt, is limitted to ſuch ends or uſes, and may not be imployed to any other, eſpecially they that have any intereſts only to the uſe of others, (as they confeſſe all Intereſts of truſt are) cannot imploy them to there owne, or any other uſe, then that for which they are intruſted, yea, and page 266. (ſee 1. part book decl, pag 687) they tell the King, that the whole Kingdome it ſelfe is intruſted unto him for the good and ſafety and beſt advantage thereof, and as this truſt is for the uſe of the Kingdome, ſo ought it to be managed by the advice of the Houſes of Parliament, whom the Kingdome hath intruſted for that purpoſe, it being their duty to ſee it be diſcharged according to the cond•tion, and true intent thereof, and as much as in them lyes, by all poſſible meanes to prevent the contrary.
And therefore negatively in the ſecond place, we are ſure, that the Houſe of Commons, by their owne Declarations, were never intentionally choſen and ſent to Weſtminster to devide amongſt themſelves, the great offices and places of the Kingdome, and under pretence of them to make themſelves rich and mighty men, with ſucking and deviding among themſelves, the vitall and heart blood of the Common wealth, (viz. its treaſure) now lying not in a ſwound, but even a gaſping for life and being, but let us ſee whether this and other of their late doings, be according to their former proteſtations, imprecations and juſt Declarations, which if they be not, woe to them, for ſaith the ſpirit of God, Eccle. 5.4.5. When thou voweſt a vow unto God, defer not to pay it; for he hath no pl••ſure in fooles, pay that which thou haſt vowed. For better it is that thou ſhouldeſt not vow, then that thou ſhouldeſt vow and not pay, ſee Deut. 23.21.23. That which is gone out of thy lyps, ſaith God, thou ſhalt keep and performe, Num. 30.2. Pſal. 76.11. Iob 22.27 We find in their Declaration of the 5. May 1642. booke decl. 1. part pag. 172. theſe words, The Lords and Commons therefore intruſted with the ſafely of the Kingdome, and peace of the people (which they call God to witneſſe is their only aime) finding themſelves denyed theſe their ſo neceſſary and iuſt demands, (about the Malitia) and that they can never be diſcharged before God or man, if they ſhould ſuffer the ſafety of the Kingdome, and peace of the people, to be expoſed to the malice of the Malignant party, &c. And in their Remonſtrance of the 19. of May, 1642. book decl. 1 part pag. 195. they ſay, That the providing for the publique peace, and the proſperity of all his Maieſties Realmes: within the preſence of the all ſeeing diety, we proteſt to have been, and ſtill to be the only end of all our counſells and indeavours, wherein we have reſolved to continue freed and inlarged from all private aimes, perſonall reſpects or paſſions whatſoever. But we wiſh withall our ſoules, they had intended, what they here declared, when they declared it, which is too much evident to every rationall mans eyes, that ſees and knowes their practiſes, that they did not, or that if they did, that they have broken and falcified their words and5 promiſes, and in the ſame Remonſtrance, pag, 214, ſpeaking of thoſe many difficulties they meet with in the diſcharge of their places and duty: (ſee 1 part. Col. decl. pag. 156. 278. 496. 629 ) they, ſay,Yet we doubt not, but we ſhall overcome all this at laſt, 1. the people ſuffer not themſelves to be deluded with falſe and ſpecious ſhewes, and ſo drawn t•betray us to their owne undoing, who have ever been willing to hazard the undoing•f our ſelves, that they might not be betra'd by our neglect of the truſt repoſed〈◊〉, b•t if it were poſſible, they ſhould prevaile herein, yet we would not faile through God; grace ſtill to perſiſt in our duties, and to looke beyond our owne lives, eſtates,〈◊〉advantages, as thoſe who thinke nothing worth the enjoying, without the liberty, pe•ce and ſafety of the Kingdome: nor any thing too good to be hazarded in diſcharge of our conſciences, for the obtaining of it, and ſhall alwayes repoſe our ſelves upon the protection of Almighty God, which we are confident ſhall never be wanting to us,(while wee ſeeke his glory) as we have found it hitherto, wonderfully going along with us, in all our proceedings O golden words! unto the makers of which we deſire to rehearſe the 23. Mat, 27. Woe unto you Scribes and Phariſees, Hypocrites, for yee are like unto whited Sepuchers, which indeed appeare butifull outward, but are within full of dead mens bones, and of all uncleanneſſe.
And in their Remonſtrance, May 26 1642. pag. 281. They declarethat their indevours for the preſervation of the Lawes and liberties of England, have been moſt hearty and ſincere, in which indeavour, ſay they, by the grace of God we will ſtill perſiſt though we ſhould periſh in the worke; which if it ſhould be, it is much to be feared, that Religion, Lawes liberties and Parliaments, will not be long lived after us:but ſaith Chriſt, Mat. 23.23.28. Woe unto you Scribes and Phariſees, hypocrites, for yee make cleane the outſide of the cup, and of the platter, but within they are full of extortion and exceſſe. Yee alſo appeare outwardly righteous unto men, but within yee a••full of hypocriſie and iniquity.
And in their Declaration of July, 1642. concerning the deſtractions of the Kingdome, &c pag. 463, 464 ſpeaking of the buſineſſe of Hull, they ſay,the war being thus by his Majeſtie begun, the Lords and Commons in Parliament, hold themſelves bound in conſcience to raiſe forces for the preſervation of themſelves, the peace of the Kingdome and protection of the Subjects in their perſons and eſtates, according to Law, the defence and ſecurity of Parliament, and of all thoſe who have been imployed by them in any publique ſervice for theſe ends, and through Gods bleſſing to diſappoint the deſignes, and expectations of thoſe who have drawne his Majeſtie to theſe courſes and Counſells, in favour of the Papiſts at home, the Rebbels in Ireland, the forraign enemies of our Religion and peace.
In the oppoſing of all which, they deſire the concurrence of the well diſpoſed Subjects of this Kingdome, and ſhall manifeſt by their courſes and indeavours, that they are carried by no reſpects but of the publique good, which they will alwayes preferre be-their owne lives and fortunes.O that we might not too juſtly ſay, they are already falne from their words.
And in their moſt notable Declaration of Auguſt, 1642. pag. 498. being in great diſtreſſe they cry out in theſe words,and we doe here require all thoſe that have any ſence of piety, honour or compaſſion, to helpe a diſtreſſed ſtate, eſpecially ſuch as have taken the Proteſtation, and are bound in the ſame duty with us unto their God, their King and country, to come in to our aid and aſſiſtance, this being the true cauſe, for which we have raiſed an Army, under the command of the Earle of Eſſex with whom in this quarrell we will live and dye.
6And in their anſwer to his Majeſties meſſage of the 12. of No. 1642. p 750 they have the•e words, God who ſees our innocency, and that we have no aims, but at his glory and the publique good, &c. O golden language, but without reall performance, are but an execrable abomination in the ſight of God, and all rationall men,
But when theſe Declarations and Promiſes were ſolemnly made, the Authors of them tooke it extream ill at the Hands of the King, when he told them they diſſembled, and meerly ſough•themſelves, and their own honour and greatneſſe, which he doth to the purpoſe in ſeverall of his Declarations, but eſpecially in his Declaration of the 12. Auguſt, 1642. pag. 520. where ſpeaking of the earneſt deſire he had to eaſe and ſatisfie his Subjects, he ſaith, that whilſt we were buſie in providing for the publique, they were contriving particular advantages of offices and places for themſelves, and made uſe under hand of the former grievances of the Subiect, in things concerning Religion and Law, &c. and in the next pag. ſpeaking of their zeale againſt the B•ſhops, &c. He declares their deſigne was but of their goodly revenue to erect Stipends to their owne Clergy, and to raiſe eſtates to repare their owne broken fortunes.
And in the ſame Remonſtrance pag. 539. he declares, that after feares and jealouſies were begun, they would ſuffer no meanes to compoſe it, but inflamed the people, becauſe (he ſaith) they knew they ſhould not only be diſappointed of the places: offi•es, honours and imployments they had promiſed themſelves, but be expoſed to the juſtice of the law, and the juſt hatred of all good men.
All which they in their antient and primitive Declarations diſdaine, as moſt diſhonourable to be fixed upon them, or ſuppoſed ever intentively to be acted by them, eſpecially ſo viſibly that any ſhould be able to ſee it, and therefore in their Remonſtrance, bo. dee. 3. par. pa. 264. they labour to perſwade the people not to deſtroy themſelves, by taking their lives, liberties, and eſtates out of their hands, whom they have choſen and betruſted therewith, and reſigne them up to ſome evill Counſellours about his Majeſtie, who (they ſay) are the men that would perſwade the people, that both Houſes of Parliament containing all the Peers, and repreſenting all the Commons of England, would deſtroy the Laws of the land, and liberties of the People, wherein beſides the truſt of the whole, they themſelves in their owne particulars, have ſo great an intereſt of honour and eſtate, that we hope it will gaine little credit with any, that have the leaſt uſe of reaſon, that ſuch as have ſo great a ſhare in the miſery, ſhould take ſo much paines in the procuring thereof, and ſpend ſo much time, and run ſo many hazzards to make themſelves ſlaves, and to deſtroy the property of their eſtates.But we lay in the bitterneſſe of our ſoules. O! that their actions and dealings with us, and many other free men of England, had not given too juſt and grounded cauſe to judge that the forementioned charge of the Kings, was righteous, juſt, and true upon them, and which if their owne conſciences were not ſeared with hot Irons, and ſo paſt feeling, would tell them with horror, that he ſpoake the truth.
And in the forementioned moſt notable Declaration, pag 494. one of the principall things they complaine of againſt the King, and his evill Counſellers,that they endeavour to poſſeſſe the people, that the parliament will take away the law, and introduce an arbitrary Government; a thing (ſay they) which every honeſt morall man abhors, much more the wiſedome; juſtice, and piety of the two Houſes of Parliament,**If ſo then as Samuel ſaid to Saul, 2 Sam. 15.14. What meanes then this bleating of the ſheep to my eares, and the lowing of the Oxen which I beare. and in truth ſuch a charge as no rationall man can beleeve it, it being impoſſible ſo many ſeverall perſons, as the houſes of Parliament conſiſts of7 about 600. and in either Houſe all of equall power, ſhall all of them, or at leaſt the Major part, agree in acts of will and tyranny, which make up an arbitrary government,**Out of thy own mouth will I iudge thee, Luke 19.22. for if this diffinition of tyranny, be true we are very ſure we are under it. and moſt improbable, that the nobility and chiefe Gentry of this Kingdome, ſhould conſpire to take away the law, by which they injoy their eſtates, are protected from any act of violence, and power; and differenced from the meaner ſort of people, with whom otherwiſe they ſhould be but fellow ſervants.
And when they come to anſwer the Kings maine charge, laid to them, in his Declaration, in anſwer to theirs of the 26. of May, 1642. they ſay, book decl. pag. 694. As for that concerning our inclination to be ſlaves, it is affirmed, that his Majeſtie ſaid nothing which might imply any ſuch inclination in us, but ſure, what ever be our inclination, ſlavery would be our condition, if wee ſhould goe about to overthrow the Lawes of the Land,**We ſay no more but wiſh you had not. and the propriety of every mans eſtate, and the liberty of his perſon.For therein we muſt needs be as much patients as Agents,**No not ſo, for you have a power to carve for your ſelves which you doe. and muſt every one in his turn ſuffer our ſelves, whatſoever weſhould impoſe upon others, we have ever refuſed to doe or ſuffer our ſelves, and that in a high proportion. But there is a ſtrong and vehement preſumption, that we affect to be Tyrants, and what is that? becauſe we will admit no rule to governe by but our own wills:**See 1. part of book decl. pag. 696. But we wiſh the charge might not too truly be laid upon you. For our parts, we aver, we feele the inſupportable weight of it upon both our ſhoulders.
And therefore to conclude this, we deſire to informe you, that in ſeverall of their Declarations, they declare and profeſſe, they "will maintaine what they have ſworne in their proteſtation, the which if you pleaſe to read, you ſhall find there amongſt other things,that they have ſworne ſolemnly to maintaine the lawfull rights and liberties of the Subject, and every perſon what ever, that ſhall lawfully indeavour the preſervation thereofe,and therefor book decl. 1. part pag. 497. they ſolemnly Imprecate the Iudgements of God to fall upon them, if they performe not theirvowes,**Which undoubtedly will, if the word of God bee true. Num. 30.2. Deut. 23.21.22. Eccle. 5.4.5. promiſes and dutyes; and ſay woe to us if we doe it not, at leaſt doe our utmoſt indeavours in it, for the diſcharge of our duties, and the ſaving of our ſoules, and leave the ſucceſſe to God Almighty.
Now what the liberty of the Subject is; they themſelves in their Declarations excellent well diſcribe and declare;that it is the liberty of every Subject to injoy the benefit of the law, and not arbitrarily and illegally to be committed to priſon, but only by due courſe and proceſſe of law, nor to have their lives, liberties nor eſtates taken from them, but by due courſe and proceſſe of Law: according to Magna Charta, and the Petition of Right, who condemnes as unjuſt, all Interrogatorie proceeding in in a mans owne caſe, nor to be denied Habias Corpuſſes, nor baile in all caſes whatſoever, that by law are baileable, and to injoy ſpeedy tryalls without having the juſt courſe of the Law, abſtructed againſt them, 1. part booke decl. pag. 6. 7. 38, 77, 277. 201. 278. 458, 459, 660. 845.
8Yea, in their great Declaration of the 2. Novemb. 1642. booke decl. 1 part pag. 720. they decleare,it is the liberty and priviledge of the people, to Petition unto them for the eaſe and redreſſe of their grievances and oppreſſions; and that they are bound in duty to receive their Petitions, their owne words are theſe, "we acknowledge that we have received Petitions for the removall of things eſtabliſhed by Law, and we muſt ſay, and all that know what belongeth to the Courſe and practiſe of Parl•ament, will ſay, that we ought ſo to doe, & that our prediceſſors and his Majeſties Anceſtors haue conſtantly done it, there being no other place wherein Lawes, that by experience may be found grievous and burthenſome, can be altered or appealed, and their being no other due and legall way, wherein they which are agrieved by them, can ſeeke redreſſe; yea, in other of their Declarations, they declare, that is, the liberty of the people in multitudes to come to the Parliament to deliver their Petitions, and there day by day to waite for anſwers to them, 1 part. book decl. pag. 123. 201. 202. 209 448.
And there is not a little harmony betwixt theſe their Declarations, and the antient and juſt Law of the Land, as appeares by the ſtatute of 36. E. 3. 10, which expreſly ſaithth•t for maintenance of the law, and redreſſe of divers miſchiefes and grievances which dayly happen,a Parliament ſhall be holden every yeare, as another time was ordained by a ſtatute of the 4. E 3. 14. yea ſaith learned Sir Edward Cooke in the 4 part of his in ſt•tutes, chap. high Court of Parliament, fo. 11. One of the principall ends of calling of Parliaments is for the redreſſe of the miſchiefes and grievances that dayly happen, and therefore ſaith he (Ibim) the Parliament ought not to be ended while any Petition dependeth undiſcuſſed, or at leaſt to which a determinate anſwer is not made, but truly we are afraid that if this laſt rule ſhould be obſerved, this preſent Parliament muſt ſit tell the day of judgement, for we foe our particulars may truely ſay, it is the furtheſt thing in their thoughts, duly to redreſſe the grievances of the people: for care they take none for any thing we can ſee, but how to accompliſh their owne pecuniary ends, and to ſtudy wayes how to increaſe miſchiefe and grievances, and to involve the generallity of the people in an everlaſting caſe of confuſion, by making their wills and luſts a law, their envy and malice a law, their coveteouſneſſe, and ambition a law, for we for our parts are neceſſitated to declare (with anxiety of ſpirit) that we can obtaine no juſtice nor right at their hands, though we have long ſince appealed to them for it, yet can we not obtain ſo much juſtice from them, as to get our reports made in the Houſe, from their owne Committee they themſelves appointed to examine our buſineſſe: neither can we ſo much as get our buſineſſe publiquely debaited in the Houſe (becauſe as it ſeemes they have no time to ſpare, to ſpend to redreſſe the Commons grand grievances, from their weighty Imployments, in unjuſtly ſharing vaſt ſums of the Common wealths money among themſelves) although we have not ceaſed to uſe all the legall meanes, that both our own braine, and all the friends and intereſts we had about London could furniſh us with, and when they failed us, God himſelfe raiſed us up divers friends in the Country of our fellow Commons, who made ou•oppreſſions their owne, and of their ſelves before we know any thing, were about framing a Petition in our behalfe, which as ſoone as wee knew it, we could not chuſe but tooke upon it (as to us) in the nature of a reſurrection from the dead, who we have too iust cauſe to thinke were buried alive, and ſwallowed up quick in the Canaball breaſts, and mans of the man eating, and devouring Houſe of Lords, And therefore as Paul in the like caſe ſaid in the 2 Tim. 1.16, 17, 18. The Lord g•ve mercy unto the houſe of Oneſiphorus, for he oft refreſhed me, and was not aſhamed9 of my chaine. But when he was in Rome, he ſought me out very diligently, and found me. The Lord grant unto him, that he may find mercy of the Lord in that day.
Even ſo ſay we in the inlargedneſſe of our ſoules, the Lord give mercy to the honeſt, man-like, and Saint like Inhabitants of Buckinghamſhire: and Harford ſhire, for they have greatly and extraordinarily refreſhed us, and were not aſhamed of our chaines and bonds for the libertys of their country, and when they were in London ſought us out very diligently, and found us, and not only ſo, but the greateſt part of ten thouſand of them, as we underſtand, ſubſcribed a petition for us, to the Houſe of Commons, to deſire them, according to their duty, to deliver us out of the devouring Paus, of the tyrannicall Houſe of Lords, and to free us from their arbitrary and illegall power, and divers hundreds of them at their owne coſts and charges, through much underhand oppoſition, came to the Cities of London and Weſtminſter, about or upon the 10. Feb. 1646. But not finding ſpeedy and free acceſſe to the Houſe of Commons, with their Petition, according to their juſt expectation, their owne primative practice, and publiquely declared duty: in which regard they left behind them 6. of themſelves, as Commiſſioners for all the reſt, to improve their utmoſt intereſts to get the Petition to be delivered and read in the Houſe, and gave unto them inſtructions in writing to explaine ſome things in the Petition in caſe they were called into the Houſe, and then to give a perfect account unto them what was done about their petition: but their Commiſſioners waited with all deligence upon the Houſe, till the 17 or 18. of Feb. 1646. and improved (as we credibly underſtand) all their intereſts in all or the moſt of their own Knights and Burgeſſes, &c. but could not by all the meanes they could uſe get their Petition read in the Houſe, the reaſon of which we are not able to render, unleſſe it be that the peoples choſen truſtees of the houſe of Commons, are reſolved to betray their truſt, and to ſacrifice the lives, liberties, and proprieties of all the Commons of England, to the mercileſſe tyranny; and barbarous cruelty of the Houſe of Lords; Oh Commons of England, awake, awake, and looke ſeriouſly and carefully about you, before you be made abſolute vaſſells and ſlaves, unto the luſts and wills of thoſe that you have preſerved alive with your blood, and treaſures, from whom yee deſerve better then you find, or are likely to injoy.
The Lord grant unto the foreſaid men of Buckingham-ſhire and Harfordſhire, that they may find mercy of the Lord in the day of their account,10 and the Lord God grant that their ſpirits may not faint, flag, nor be weary, but that they may reneue their ſtrength, & double and trible their Petition, and never give over till they have made them and their poſterity free, from the bondage of the Lords, and ſhakt of all arbitrary power whatever. And the Lord God of heaven raiſe up the ſpirit of all their fellow Commons in all the Countys of England to ſecond them and joyne with them, in that legall, juſt and righteous worke they have begun, and to glue their hearts and ſoules together, as Jonathan and Davids was, that they may never part nor be devided, till they have accompliſhed their juſt enterpriſe, and the good Lord, require all their kindneſſes and labour of love, manifeſted unto us poor afflicted and diſtreſſed priſoners ſeven fold, into their owne boſoms. Amen, Amen.
But now in regard our friends, nor their Commiſſioners cannot get their Petition to be delivered, in which regard they have all left the City and Parliament, as diſpairing in obtaining their juſt end at the preſent, and are gone down into the Country, truly to acquaint the reſt of their friends how they have been dealt with, we judge it our duty, & that we are ſo much bound to our ſelves and the whole Kingdome, (though we muſt truly confeſſe, that we have no ſuch Commiſſion from the petitioners not their Commiſſioners) as to publiſh a true Copy of their Petition and inſtructions, which thus followeth.
To the right Honourable, the betruſted Knights, Citiz•ns, and Burgeſſes in the Commons Houſe of Parliament (Englands legall, Soveraign power, Aſſembled.)The humble Petition of the Inhabitants of Buckingham-ſhire, and Hartford-ſhire, &c. Whoſe Names are hereunto ſubſcribed.
THat your Petitioners, and the reſt of the free-men of England, before the beginning of this Parliament, being almoſt deſtroyed of their Lawes, Libertyes, and Freedoms, by the arbitrary machinations, politick deſignes, and practiſes of the Pattentee-Monopolizers, and of other arbitrary ſupplanters and Agents; which laboured to ſubvert the Fundamentall Conſtitutions of this Realme, and to ſet up a tyrannicall Government, tending to the utter vaſſalage, and overthrow of all the free people of this Kingdome, together with their Naturall, Nationall, and Legall Rights and Liberties, God putting into our hands, an opportunity to free our ſelves from thoſe tyrannies and oppreſſions; We, for our better weal and happineſſe, choſe and betruſted your Honours for the ſame end and purpoſe; and to that end we have elected, inveſted, and betruſted you with our indubitable and naturall11 power and Birth-rights, for the juſt and legall removall of our Nationall Evills; In the expectation whereof, we have waited ever ſince your firſt ſiting; continually and cheerfully aſſiſting you with our lives, perſons, and eſtates, being much incouraged thereto by the ſeverall Proteſtations, and Declarations, wherein you have ſolemnly proteſted before the great God of Heaven and Earth, and to the whole world declared your upright and well grounded reſolutions, to vindicate the juſt liberties of every Free-borne Engliſh man, without exception.
Now therefore, our moſt humble requeſt unto your Honours, is, that you would (according to your duties, and the Great Truſt repoſed in you) take into your conſideration the ſlaviſh condition, that we the free People of England are yet ſubject unto, by reaſon of thoſe Arbitrary practiſes that are ſtill continued, acted, and perpetrated upon us by ſome prerogative men of this Kingdome; whom we humbly conceive, have no power over our bodies or Eſtates, they being not Elected thereunto by the free-men of England; and therefore may not Commit our bodies to priſon (contrary to the Fundamentall lawes of this Kingdome) as we ſuppoſe hath been done to ſome Free-men of this Kingdome without producing any Legall Authority, that your Petitioners can heare of; for what they did. Wherefore your Petitioners moſt humble deſire is, that you would, according to the reſpective Appeals of the ſaid Free Subjects unto this Supream Houſe, be pleaſed to take their cauſe into the legall judgement, and ſpeedie determination of this Houſe, as the whole matter thereof ſhall be reported unto you, by the honourable Committee, for conſideration of the Commons Liberties, who have their whole manner of the proceedings againſt them, together with their reſpective defences ready to repreſent unto your Honours, and to grant unto them your indubitable juſtice (according to their late Petitionary, and ſtill conſtant deſires) whereby they may receive the Sentence of this Houſe, either for their preſent juſtification, or condemnation; that they may not be ruined and undone by an arbitrary and injuſtifiable Impriſonment. And if that, through the urgent affaires of the Kingdome, your occaſions will not afford you ſo much time, as to conſider and expedite their buſineſſe at preſent: Our humble requeſt is, that you would by an Order from this Houſe, forthwith ſet them free out of Priſon; they giving legall ſecurity for their future forth comming, untill ſuch time as your honours ſhall be pleaſed to hand out to them full and effectuall juſtice. And that you would be pleaſed, in caſe the principall Informers and Actors be found guilty, to grant them full and ample reparations according to the Law of the Land. And further, that you would take care for the time to come, to free us and our children from the feare and prejudice of the like A•bitrary and Prerogative proceedings, according to your late promiſe in your moſt juſt Declaration of the 17. of Aprill 1646. And your Petitioners as in duty bound ſhall ever pray, &c.
Instructions agreed upon as the ſence of the Petitioners of Buckingham-ſhire, and Hartford-ſhire.
Firſt the perſons impriſoned, Lieutenant Collonel John Lilburn, Mr. Overton, his Wife and Brother, Mr. Larners Brother and Maid, &c.
Secondly, by Prerogative-men, we mean ſuch as ſit to try Commoners, and are not elected by the free choice of the People. viz. the Houſe of Lords.
Thirdly, by Arbitrary practices, we meane ſuch as are contrary to the Law of the Kingdome.
12As firſt for any perſons to try thoſe their are not their Peers or Equalls: witneſſe Magna Charta. C. 29.3. E. 1.6. Sir Edward Cookes expoſition of the 14 and 29 C. of Magna Charta, &c. (as the Houſe of Lords have done, and would have done all the above mentioned.)
Secondly, For any to impriſon men for not anſwering to Interrogatories in Criminall Cauſes.
We muſt profeſſe to all the world, we are in amazement, and almoſt at a ſtand, when we conſider that the Houſe of Commons, who are choſen and betruſted by the people for no other end in the World, but to maintaine, preſerve and defend, their Lawes and liberties, and to redreſſe their miſchiefes and grievances, and to provide for their earthly happineſſe and well-being, book. decl. 1. part. pag. 150. which they have ſo often ſworn, vowed, proteſted, and declared to doe, that they ſhould be ſo negligent in performing their truſt and duty, and making good their Oathes and Vowes, in not doing us juſtice and right, according to the Lawes of the Kingdome, (who have legally and formally, long ſince appealed to them for that end,) but ſuffer before their faces, the tyrannicall Houſe of Lords, arbitrarily and illegally to deſtroy us; and to tread and trample under their feet, the Lawes and Liberties of all the Commons of England, and ſo by conſequence make us all Vaſſals and Slaves, to their tyrannicall luſts and wills.
But Conſidering that by natures principall, we are bound to the utmoſt of our power to preſerve our ſelves, and to leave no wayes and meanes unattempted that tends thereunto, we cannot yet ſit ſtill, but goe on, and the rather becauſe our Iudges to whom we have appealed to for juſtice, tell us in their Declaration of the 19. May 1642. 1. part book decl. pag. 207: That this Law is as old as the Kingdome. That the Kingdome muſt not be without a meanes to preſerve it ſelfe, the ground and reaſon of which Law, extends to the benefit of every particular individuall man in the Kingdome, whoſe deſtruction, contrary to the law of the Land is indeavoured by thoſe that ſhould preſerve them, which is our caſe, as well as it was theirs, (in reference to the King) with whom we have to doe, and therefore we deſire for the ſatisfying of all to whom this is directed, to declare out of their owne Declarations, their arguments againſt the King, when he ceaſed (as they ſay, page 636. 580. ) to extend his legall protection and iuſtice to them; but this by the way, we muſt aver, that we are very confident the King is ten times more fortified, and hedged about with the Law of the kingdome, then they are. Which wee demonſtrate thus, they are all as they call themſelves Subjects, and therefore though their priviledges be great as they are Parliament men, yet they are (or at leaſt ought to be) by their owne confeſſion ſubject to the ſeveritie of the Law, in caſes of treaſon, felony, and breach of the peace, 1. part book decl. pag. 48. 278. which is alſo averred by that able and learned Lawyer Sir Edward Cooke in his 4. part inſtitutes chap. of the high Court of Parliament, fol. 25. which booke is publiſhed by their owne ſpeciall Order, but we read not in any of their Declarations, that they themſelves aver any ſuch thing of the King.
And therefore if by themſelves, their arguments be eſteemed juſt and ſound againſt him, for not doing his duty (who is much more fortified by Law then themſelves) then much more when they ceaſe to doe their duty, and in practiſe deſtroy the lawes and liberties of the Kingdome, and ſubject the free men thereof to an Arbitrary and tyrannicall power, (which we aver they have done us) will their owne arguments ſerve and bee ſound and good againſt themſelves.
13Therefore we deſire to declare unto you, that when they apprehended themſelves in danger, they ſent unto His Majeſtie the 31. Decem. 1641. book decl. 1 part pag. 44. and deſire him that they may have a guard, in which meſſage they have theſe words. They have therefore their recourſe unto your Maieſtie, moſt humbly beſeeching you, that if it may•end with your good l•king, if they provide for their owne ſafety, which the very Law of nature**Mark it well. and reaſon doth allow unto them, it is their humble deſire, that they may have a guard out of the City of London, commanded by the Earle of Eſſex, Lord Chamberlaine of your Maieſties houſe-hold, of whoſe fidelity to your Maieſtie and the Common Wealth, they have had large experience.
And in their Petition to his Maieſtie about the Militia: 2. March 1641. book decl. •part pag. 92, 93, 94 after they have told his Majeſtie what danger they are in, for, want of ſetling the Militia, they uſe theſe very words. Wherefore they are inforced in all humility to proteſt, that if your Maieſtie ſhall perſiſt in that denyall, the dangers and diſtempers of the Kingdome are ſuch, as will indure no longer delay. But unleſſe you ſhall be graciouſly pleaſed to aſſure them by th•ſe meſſengers, that you will ſpeedily apply your royall aſſe•t to the ſatisfaction of their former deſires, they ſhall be inforced, for the ſafety of your Maieſty and your Kingdomes, to diſpoſe of the Militia, by the authority of both Houſes, in ſuch manner as hath been propounded to your Maieſtie: and they reſolve to doe it accordingly.
And a little below, they beſeech his Maieſtie to be informed by them, that by the Lawes of the Kingdome, the power of raiſing, ordering, and diſpoſing of the Militia, within any City, Towne or other place, cannot be granted to any Corporation by Charter, or otherwiſe, without the authority and conſent of**Obſerve this well yee free men of England. Parliament: and that thoſe parts of the Kingdome which have put themſelves into a poſture of defence againſt the Common danger have therein done nothing but according to the Declaration and direction of both Houſes, and what is iuſtifiable by the Lawes of the Kingdome.
And in their Declaration of the 19. May 1642. pag. 202. they ſay, wee muſt maintain the ground of our feares, to be of that moment, that we cannot diſcharge the truſt and duty which lyes upon us, unleſſe we doe apply our ſelves to the uſe of thoſe meanes, to which the Law hath inabled us in caſes of this nature, (viz. to ſettle the Militia without, and againſt his conſent) for the neceſſary defence of the Kingdome, and as his Maieſty doth gratiouſly declare, the Law ſhall be the meaſure of his power, ſo doe we moſt heartily profeſſe, that we ſhall alwayes make it the rule of our obedience.
But O ſay wee! that you had not now forfeited all your credit, by notoriouſly violating your never intended to be kept promiſes.
And in their Petition to the King about the buſineſſe of Hull. pag. 465. 466. they ſay, we ſhall be ready to ſettle the Militia, in ſuch way, as ſhall be honourable and ſafe for your Maieſtie, moſt agreeable to the duty of Parliament, and effectuall for the good of the Kingdome, that the ſtrength thereof be not imployed againſt it ſelfe. And we ſay we wiſh it may not, to the ſetting up of a tyranny of another nature, but worſe then the former we groaned under. But we go on to their anſwer of the Kings poſitions, which anſwer is annexed to their great Declaration of the 2. No. 1642. where in the third anſwer pag. 726. they ſay, that we did and doe ſay, that a Parliament may diſpoſe of any thing, wherein the King or any Subiect hath a right, in ſuch way as that the Kingdome may not be in danger thereby, and that if the King, being humbly ſought unto by his Parliament, ſhall refuſe to ioyne with them in ſuch caſes, the repreſentative body of the Kingdome is not to ſit ſtill,14 and ſee the Kingdome periſh before their eyes, and of this danger they are Judges. Here may be an excellent Argument drawne from the greater to the leſſe, which will undeniably hold good againſt the Arbitrary and Illegall practiſes of the Parliament, which wee in our particulars groane under.
Now all theſe things conſidered, we hope it iuſtly cannot be taken ill at our hands by the Parliament, nor by any rationall or underſtanding man in the Kingdome, though never ſo much deuoted unto implicite, and blind Presbyterian, Synodian obedience, if we for our preſervation ſhall tread in the Parliament ſteps by appealing to the People againſt them, as they did againſt the King, eſpecially conſidering they deale worſe with us then ever he dealt with them, for hee did not actually impriſon their bodies, and thereby rob them of their liberties, trades, lively hoods and ſubſiſtance, and allow them nothing to live upon, and expoſe their whole families, to (the eye of reaſon to an unavoydable famiſhing and periſhing condition; all and every of which (contrary to the Law of the Land, Juſtice, reaſon and conſcience) they have actually with a great deale of Barbarous cruelty done to us.
But before we doe ſolemnly, ſeriouſly and actuall appeale to the people, as of neceſſity, if by them we cannot inioy iuſtice and right, and the benefit of the knowne and unrepealed Lawes of the Land which is all we crave or deſire; (We both muſt and will: coſt it hanging or burning or what ever it will) we deſire from their owne words to make our way plaine before hand, and the more to leave them without excuſe before God, and all our fellow Commons of England. Seeing skin for skin, and all that a man hath, will he give for his life, Iob 2.
And therefore in the firſt place, we muſt profeſſe in their owne words in their Declaration to the States of Holland; pag. 637, that we have no other deſigne (in the world) but not to be deſtroyed, and ſave our ſelves, Lawes, Liberties and Freedomes, and let not them ſay, if we ſhould formally appeale to the people, that we malitiouſly indevour to diſſolve the whole frame and conſtitution of the civill pollicy and government of this Kingdome, into the originall Law of nature, by arraigning and condemning before the people the High Court of Parliament, from whence legally there can be no appeale, we doe truly confeſſe (and owne) the Honourable Houſe of Commons, whoſe iuſt intereſt wee honour with all our hearts, to be to us the legall ſupreame power in the Kingdome, from whom we conceive in law we have no higher appeale, but if the Houſe of Commons will not doe us juſtice and right, and ſo diſcharge their truſt and duty, but ſuffer the Lords contrary to the Law of the Land (which they have ſworne to maintain) to murther and deſtroy us, our wives and children, and by conſequence the liberty of all the Commons of England, we cannot nor dare not, for fear of being Traitors and fellons to our ſelves, ſit ſtill, and willingly ſuffer our ſelves contrary to the good and juſt Lawes and conſtitutions of the Kingdome to be deſtroyed by the Lords; who in Law have no more power to commit our bodies to priſon being Commoners, then wee have to commit theirs.
Therefore, it is not we but they themſelves, that diſſolve the legall frame and conſtitution of the civill policy and government of the Kingdome, by ſuffering will and luſt, but not law to rule and governe us, and ſo reduce us into the originall Law of nature, for every man to preſerve and defend himſelfe the beſt he can, and therefore ſince it muſt be ſo (for ſo it is) we in their owne words pag. 690. ſay in Gods name, let the people Iudge every man within his owne breaſt, whether they or we are moſt guilty of the foreſaid charge.
15But we come to their owne words in their appealing to the people, and craving their aid and aſſiſtance to helpe to preſerve them, againſt thoſe that (they ſay) contrary to Law would have deſtroyed them, and we ſhall begin in the firſt place with the Proteſtation which they made and tooke the 3. of May 1641. and by an Order of the 5. May, 1641. give their approbation to the taking it by any Commoner of England in the preamble of which, they ſpend much time to demonſtrate, that there have been and ſtill is, a ſtrong indeavour by a Malignant party to ſubvert the Fundamentall Lawes of England, &c. And to introduce the exerciſe of an Arbitrary and tyrannicall government, and therefore they ſweare and proteſt, "they will maintaine the lawfull Rights and Liberties of the Subject, and every Perſon that maketh this proteſtation, in what ſoever he ſhall doe in the lawfull perſuance of the ſame, And to my power, and as far as lawfully I may, I will oppoſe and by all good wayes and meanes, indeavour to bring to condigne puniſhment all ſuch, (whether Lords or Members of the Houſe of Commons without exception)" as ſhall either by force, practiſe, counſells, plots, conſpiracies, doe any thing to the contrary, and by their Vote of the 30 Iune 1641. They ſay, that what perſon ſoever will not take this Proteſtation, is unfit to beare office in the Church or Common-Wealth.
Now let us ſee what uſe they make of this Proteſtation againſt the King, and we ſhall find in the 1. part book decl. pag. 190. 191. The Vote of the Houſe of Commons in theſe words Reſolved upon the Queſtion.
That this Houſe doth declare that if any perſon whatſoever ſhall arreſt, or impriſon the perſons of the Lords and Gentlemen, or any of them: or any other of the Members of either Houſe of Parliament, that ſhall be imployed in the ſervice of both Houſes of Parliament, or ſhall offer violence to them, or any of them for doing any thing in purſuance of the commands or inſtructions of both Houſes, ſhall be held diſturbers of the proceedings of Parliament, and publique enemies of the State. And that all perſons**Marke it well ye Commons of England. are bound by their Proteſtation to endeavour to bring them to condigne puniſhment. An Order of the ſelfe ſame effect you may read, pag. 156. made by them 26. Appill 16•2.
And in their Declaration of the 26. May 1642 pag. 278. ſpeaking of the Kings proclaming Sir Iohn Hotham a Traytor, without due proceſſe of Law, they declare it not only a breach of the Priviledge of Parliament, but a ſubvertion of the Subjects common right, yea, and ſuch a breach of the Priviledge of Parliament, as that the very being thereof depends upon it: and therefore (ſay they) we no wayes doubt, but every one that hath taken the Proteſtation, will, according to his ſolemn Vow and Oath defend it with his life and fortunes.
And in their Declaratioe of the 19. May 1642. pag. 214. ſpeaking of the many difficulties that they are forced to incounter with in the diſcharge of their duty to the Kingdome, they ſay,yet wee doubt not, but we ſhall overcome all this at laſt, if the people ſuffer not themſelves to be deluded with falſe and ſpecious ſhewes, and ſo drawne to betray us to their owne undoing, who have ever been willing to hazzard the undoing of our ſelves, that they might not be betrayed by our neglect of the truſt repoſed in us.
And in their ſmart Declaration of the beginning of Auguſt 1642 pag. 496. replying unto his Majeſties Anſwers to their propoſitions, they ſay,And having received ſo ſharp a return, ſuch expreſſions of bitterneſſe, a juſtification and a vowed protection of Delinquents from the hand of Iuſtice, Demands of ſo apparent danger, ſuch manifeſtations16 of an intention to deſtroy us, and with us the whole kingdome, (and this moſt cleerly evidenced by their ſubſiquent actions, even ſince theſe propoſitions have been made unto us from his Majeſtie, over-running ſeverall Countries, compelling the Trained Bands by force to come in and joyne with them, or diſarming them, and putting their Armes into the hands of leud and deſperate perſons, thereby turning the Armes of the Kingdome againſt it ſelfe) it be not fit for us, not only not to yeeld to what is required, but alſo to make further proviſion, for the preſervation of our ſelves, and of thoſe who have ſent us hither, and intruſted us with all they have, Eſtates, Liberty and life, and that which is the life of their lives, their**That we abſolutely deny, and therefore if the blind lead the blind, they must needs both fall into the ditch. Religion, and even for the ſafety of the Kings perſon now invironed by thoſe, who carrie him upon his owne ruine, and the deſtruction of all his people: At leaſt to give them warning, that all this is in danger: That if the King may force this Parliament they may bid fare well to all Parliaments, from ever receiving good by them; and if Parliaments be loſt, they are loſt; their Lawes are loſt, as well as thoſe lately made, as in former times, all which will be cut in ſunder, with the ſame ſword now drawne for the diſtruction of this Parliament. Then if they will not come to helpe the Parliament, and ſave themſelves, though both they and we muſt periſh, yet have we diſcharged our Conſciences, and delivered our ſoules, and will looke for a reward in Heaven, ſhould we be ſo ill requited upon Earth, by thoſe of whom we have ſo well deſerved; which we cannot feare, having found upon all occaſions, ſuch reall demonſtrations of their love and affection, and of their right underſtanding and apprehenſion of our and their common danger.
And in their large Declaration of the 2. Novem. 1642. pag 699. ſpeaking of his Majeſties charge in his Declaration where he compaires them to the Anabaptiſts mentioned in Mr. Hookers book, they ſay if everGod ſhall diſcover the foule Authors of ſo falſe a calumny,we doubt not but the Kingdome (that is the univerſallity of the people) will be very ſenſible of it, and eſteeme that they can never doe themſelves right,**And if the people ſhould doe themſelves right, What ſhould become of the Earle of Mancheſter, old Sir Henry Vaine, Mr. Barw•s, &c. for viſibly betraying their ſeverall truſts. See Englands Birth-Right, &c. but by bringing tocondigne puniſhment, ſuch perſons as could find in their hearts to lay ſo vile an aſpertion upon the Parliament, a name that alwayes hath, and we hope alwayes ſhall bee of ſo great honour and reverence within this Kingdome.
And in the ſame Declaration, pag. 728. anſwering his Majeſties charge fixed upon them, of deſigning the ruine not only of his Majeſties perſon,but of Monarchy it ſelfe. And we appeale to all the world, (ſay they) whether worſe words then theſe can be given us? And whether we may not juſtly expect the worſt actions that the malice and power of the Malignant party about his Majeſty can produce? And whether it be not high time for us to ſtand upon our defence,which nature teacheth**A•ve all here expreſſed take notice of this ſpeciall undenable and accued principall. every man to provide for, and this Kingdome, unleſſe it be very unnaturall, and unmindfull of it ſelfe, cannot but afford to them whom it hath intruſted and by whom it is repreſented.
Now from all the forementioned authorities, and arguments17 of the Parliaments owne Declarations, we draw theſe concluſions (which naturally flow from them) firſt that all Majeſteriall Power in England whatever, are but Offices of truſt, and bound up with this limitation, to be executed for the good of the truſters.
Secondly that it is poſible, that all or any, of the ſeverall Majeſteriall truſtees may forfit their, or its truſt.
Thirdly that in caſe of•orfiting the Majeſterycall truſt, the truſters (the people) are diſobleged from their obedience and ſubjection, and may lawfully doe the beſt they can for their owne preſervation; but if what hath beene ſaid, be not fully cleare out of all doubt to prove the foreſaid deducions. We wil only ad two more proofs at preſent of there owne Authoryties which will put them all out of diſpute the firſt is out a late ſheet of paper, newly Printed according to Order of Parliaments Intitled King Iames his Opinion and Iudgement concerning a Real King and a Tirant, extracted out of his owne ſpeech to the Lords and Commons in Parliament at White-Hall. 1609.
A King (ſaith King Iames) in a ſetled Kingdome, binds himſelfe to a double oath, to the obſervation of the fundamentall Lawes of his Kingdome, tacitly, as by being a King, and ſo bound to perfect, as well the People, as the Law of his Kingdome, and expreſly by his oath at his Coronation. So as every juſt King in a ſetled Kingdom is bound to obſerve that Paction (or Covenant) made to his people by his lawes, in framing his government agreeable thereunto, according to that paction made with Noah, after the deluge (Gen. 9.11. ) therefore a King governing in a ſetled Kingdome, leaves to be a King and degenerates into a Tyrant, as ſoone as he leaves of to rule according to his lawes; therefore all Kings that are not Tyrants or perjured, will be glad to bound themſelves within the Limits of their Laws, and they that perſwade them the contrary, are Vipers & Peſts, both againſt them & the Common Wealth, thus far King Iames, out of which the Author of that ſheet drawes nine inferences or concluſions, the fift of which is in theſe words. That a King governing in a ſetled Kingdome as the Kingdome of England is, leaves to be a King, ſo ſoone as he leaves of and failes to rule according to his Lawes. And ſo leaving of to be a King, the government on his part is infringed, ſo as the people are no longer his ſubiects to obey him in his lawleſſe government, then be is their King governing them accord•ng to his Laws, to the ſame effect is his ſixt concluſion, and in the laſt end of the ſeventh, he hath theſe words. That if Kings ceaſe to be Kings, ſetting up an abſolute tyranny over the People, to govern them no longer by the Lawes as free borne liege People, but lawleſly as vaſſells and ſlaves, then on the other ſide the people leaving to be ſubjects, doe owe them no more obedience, as being none of their Kings, but as uſurping tyrants. For as a King turning Tyrant, practiſing tyranny under the name of prerogative, hath broken the bonds of the Kingdome; ſo the ſubjects owe him no more duty of liege people, except they will avow themſelves his Slaves, and ſo betrayers of their own and the publique liberties, which ought to be more precious unto them then their•l•ves and•••ds. Again 8 a K•ng ſo degenerating into a Tyrant, is by the verdict of K. Iames departed a perjured man &c. & perjured men as they are odious to God, ſo they bring an execration upon a land, Za. 53.4. and if ſo then ſay we, wo, woe, woe, unto poore England, by reaſon of the perjuries of the diſſembling Lords and Commons at Weſtminſter, that have laid aſide the Law, and troden under their feet, the liberties of England. And the unreverend Diſſembly of Divines, that rob Ieſus Chriſt of his honour and glory, by juſling him out of his regalliry and Kingſhip given unto him by his Father, and yet take oathes themſelves, and force other men to doe ſo too, to maintaine the Lawe, and liberties of the Kingdome, and to ſet up and Eccleſiaſticall Church government according to the word of18 God, and yet ſet up nothing but a ſpirituall and temporall tyranny, and with a high hand indeavour the deſtruction of every man, that indeavours to keep them cloſe to their violated oaths and Covenants, therefore whatſoever the author of the forementioned diſcourſe avers of a King, when he ſeekes to governe according to his lawes, the ſame doe we aver of a Parliament, and Parliament-men, that when they ceaſe to execute the end of their truſt, which is as themſelves ſay, to provide for the peoples weales, but not for their woes, and doe meerly indeavour to make themſelves tyrants over the people, to governe them not by the eſtabliſhed lawes, but by their luſts and wills,, they doe thereby make the people their vaſſels, and ſlaves, (as much as in them lyes) and thereby diſobleidge the people to obey, ſtoop or ſubmit, to any of their commands, but in the eye of God and all rationall men, may as juſtly reſiſt and withſtand them, and by force of Armes defend themſelves againſt them, (as a company of forſworne men that have forfeited their Majeſteriall truſts, and are degenerated into the habits of tyrants) as they withſtood, and by force of armes defended themſelves againſt the King, for the further proofe of which in the ſecond place, read their owne words 1. par. b. dec. pag. 150. which thus followes.
We ſhall at preſent leave the application to them whom it moſt concernes, and wait as patiently as we can to ſee the operation of it, which if it be not according to our expectation, we ſhall be neceſſicated to put ſome ſtronger pills into the next, and ſo at preſent conclude and reſt.